Civil Service Watch: New Rochelle Civil Service Meeting Raises Questions Of Document Custody Issues

New Rochelle Civil Service Meeting Agenda September 26, 2012

Since it became law the New Rochelle Civil Service Commission has completely ignored the Paulin Amendment to the Open Meeting Law. They are required to post ALL documents discussed or referenced during the open meeting — they are not even posting the agenda. Civil Service Administrator Jeanett Medina responded during the meeting to a question from Talk of the Sound reporter Robert Cox saying she just got something from the state about open meetings. He pointed out that this law has been in effect since Feb. 2012. In some cases they have not even published that they were having a meeting at all let alone the agenda and related documents.

Mr. Cox also questioned why the CSC did not have a public comment period on their agenda. He asks to speak and is denied. A moment later, New Rochelle City Clerk Bennie Giles wanders in, saying that he wanted to ask a few questions. They allow it. After a non-verbal exchange between Mr. Cox and the Commissioners, Domenic Procopio asks Mr. Cox if he would like to say something. They ought to allow anyone to address the CSC within the normal rules (3 or 5 minutes, addressing the business of the body, etc.) just like other public bodies in New Rochelle.

At the end of the meeting, there is a discussion about scheduling the next meeting. Why don’t they set their meetings annually on a regular published schedule. Instead, they make it up as they go, there is no routine, they skip months, and so on.

Ideally they would meet when the public can better attend just like most other public bodies in New Rochelle however given their need to interact with City Hall departments it is understandable why they might want to meet during the day. As a compromise, they might hold their meetings in the evening once a quarter or, since their meetings are very short hold their meetings prior to a city council meeting at 6 PM when department heads are already staying late.

For the reasons cited above, all CSC meetings should be broadcast just like all the other meetings.

Cox raised a question about the school district acting as custodian of for some civil service records. This issues was raised after a recent back and forth on a FOIL request regarding a BoE position. Jeanett Medina said that she DOES have all the civil service records. Told that a recent failure to provide records for a school district Motor Vehicle Operator position was because the school district claimed the records did not exist, Medina denied that and said she has ALL the records in her office. There is a disconnect here. When pressed, Medina said that the question about records — why the school district was acting as custodian for civil service records — in the context of my making a FOIL request. Of course, that is nonsensical.

The email exchange between the City of New Rochelle and Robert Cox follows.

You will note a few things about it besides that there was also two phone calls involved, not indicated here.

First, Cox does not provide any ADDITIONAL information than his original request but Omar Small states on July 20, 2012 2:51 PM “it is helpful and sometimes necessary to get more information on a request”. The only change to the original request was to broaden the date range after the City initially claimed there was no records going back to 2008. The nature of the request of the document description never changed and was given IN WRITING not VERBALLY.

Secondly, and to the point of the exchange on video tape with Jeanett Medina, Kathy Gilwit, in an email dated July 19, 2012 at 12:33 PM, finally produces some of the documents and adds “the attached document was obtained from the BOE.”

Again…

“the attached document was obtained from the BOE.”

“…obtained from the BOE.”

“…from the BOE.”

It was based on this exchange and that particular statement that Cox asked Jeanett Medina why the school district was acting as custodian for civil service records when New York State only recognizes the Municipal Service Commission as the state agency in New Rochelle.

He asked Median several different ways, the question “why is a different department the custodian of your records?”

She said that question was “answered within FOIL request…I beieve it was…”

Cox stated that it was not and was never something he asked about it in the FOIL request.

In fact, Omar Small and Kathy Gilwit both stated clearly that the records they initially claimed did not exist were obtained FROM the Board of Education which clearly suggests that the Board of Education had custody of the records which Medina appears to agree should not be the case. In fact, she states that it is not the case.

Here are the emails, arranged in time order from first to last.

======== ======== ======== ======== ========
From: Robert Cox
Sent: Friday, July 06, 2012 12:21 PM
To: Gilwit, Kathy
Subject: Motor Equipment Operator Grade 8 from 2008

Kathy,

There was a civil service position for the Board of Education that was posted as Motor Equipment Operator Grade 8 with a deadline of Feb 2008.

I would like to get all files and folders related to this posting — who applied, their application forms, the documents supporting that the applicants qualified, the eligibility list that was created, who was on that list and their rank on the list, the communications that went back and forth between the CSC and the BOE, minutes from the meetings where this position was discussed or acted upon in any way and where and any other related documents.

It is my understanding that there was some confusion regarding the requirements for the position — that required experience was driving a truck and a mention of a CDL (a type of license to drive a truck) but that the language referenced a New York State Chauffeur’s license which is Type E, not a CDL, and for purposes of driving a taxi of livery vehicle. So I would also be looking for any documents where this apparent error was addressed in some way — if the job is requiring a CDL but references a type E which supersedes which or are either considered valid if this, in fact, an error. Or if the CSC could explain this today, after the fact, as it would appear that the job posting itself may have been invalid.

Thanks

Robert Cox

Managing Editor
New Rochelle’s Talk of the Sound
http://www.newrochelletalk.com

======== ======== ======== ======== ========

On Monday, July 16, 2012 at 5:48 PM, Gilwit, Kathy wrote:

Bob,
There were no records found for the Board of Education position posting for Motor Equipment Operator Grade 8 with deadline of February 2008.

======== ======== ======== ======== ========

From: Robert Cox
Sent: Monday, July 16, 2012 5:53 PM
To: Gilwit, Kathy
Subject: Re: Motor Equipment Operator Grade 8 from 2008

I am ABSOLUTELY CERTAIN that such a document exists. Could you ask that they check again please.

To make it more clear, and to avoid the possibility of some small technical discrepancy getting in the way, let me ask if there was ANY job postings for “Motor Equipment Operator” for the BoE over the last 5 years.

If they STILL deny such a job posting exists I will want to meet with Chuck to discuss the failure to produce these records.

Thanks.

Bob

======== ======== ======== ======== ========

From: Robert Cox
Sent: Wednesday, July 18, 2012 8:02 AM
To: Gilwit, Kathy
Subject: Re: Motor Equipment Operator Grade 8 from 2008

Kathy,

Not only was this job posted but it was filled and there is a person working in this position today.

This should be a simple matter of pulling a file so that they are denying it even exists is troubling. If they do not produce the document today I am going to ask Chuck for a meeting to discuss this matter. I would likely send him an email this afternoon.

Bob

PS, I understand you can only give me what they tell you they have and that this is on Jeanett not you.

======== ======== ======== ======== ======== ======== ========

On Thursday, July 19, 2012 at 12:33 PM, Gilwit, Kathy wrote:

Bob, the attached document was obtained from the BOE.

======== ======== ======== ======== ========

From: Robert Cox
Sent: Thursday, July 19, 2012 1:02 PM
To: Gilwit, Kathy; Strome, Chuck
Subject: Re: Motor Equipment Operator Grade 8 from 2008

Kathy and Chuck,

I take it from this reply that the Civil Service Commission is still claiming that they have no knowledge of any position as I described it and the only similar position is the one referenced in the attached doc from 2010. The CSC is not telling the truth and, under the charter, I understand the CSC Admin reports to Chuck.

I want to meet with Chuck at his earliest convenience to discuss this.

Thank you.

Robert Cox

Managing Editor
New Rochelle’s Talk of the Sound

======== ======== ======== ======== ========

On Jul 19, 2012, at 1:18 PM, “Gilwit, Kathy” wrote:

Bob, you can speak with Omar directly regarding the records.
654-2142

Sent: Thursday, July 19, 2012 3:17 PM
To: Gilwit, Kathy
Subject: Re: Motor Equipment Operator Grade 8 from 2008

I spoke with Omar. I would describe the call as unproductive. He stated he would go back to Ms. Medina and re-ask my request. I am being lied to her by someone because I know this job was created, posted and filled.

At this point I want to exhaust discussions with the City so I can go to the NYS CSC and the AG.

I intend to come by tomorrow to see Chuck. If he wishes to restate that there are no records he can do that but I will want to exchange letters showing the questions were formally asked and answered.

Thanks.

======== ======== ======== ======== ========

From: Gilwit, Kathy
Sent: Thursday, July 19, 2012 3:25 PM
To: Small, Omar
Subject: FW: Motor Equipment Operator Grade 8 from 2008

Omar, please advise.

======== ======== ======== ======== ========

From: Small, Omar
Sent: Thursday, July 19, 2012 4:06 PM
To: Gilwit, Kathy
Subject: RE: Motor Equipment Operator Grade 8 from 2008

Kathy,

Attached please documents pertaining to the posting of the Motor Equipment Operator Grade 8 with the Board of Education. Please find the following documents:

· Motor Equipment Operator Job Specification
· Application of James Bonanno
· Job offer letter
· Civil Service Employee Payroll Authorization
· Minutes of the CSC dated Tuesday, April 29, 2008

No eligibility list exist for this position, it is Non-Competitive and no examination was given. Thank you for your assistance.

======== ======== ======== ======== ========

From: Small, Omar
Sent: Thursday, July 19, 2012 4:10 PM
To: Robert Cox
Subject: RE: Motor Equipment Operator Grade 8 from 2008

Mr. Cox,

Please find documentation pertaining to your inquiry. If you have any other questions, please reach out to me directly at 914-654-2142. Thanks.

======== ======== ======== ======== ========

From: Robert Cox
Sent: Thursday, July 19, 2012 6:57 PM
To: Small, Omar, Gilwit, Kathy
Subject: RE: Motor Equipment Operator Grade 8 from 2008

Omar,

Thank you. I appreciate your effort.

Kathy,

The records provided in this email indicate that it is not the case that “There were no records found for the Board of Education position posting for Motor Equipment Operator Grade 8 with deadline of February 2008” as you indicated last week.

I appreciate that the information you (and Omar) provide is only as good as you get but I hope you can appreciate why I do not believe anything I am told by anyone connected with the CSC. It is for reasons like this that I never rely on information from the Civil Service Commission. The City has reliable departments and unreliable departments. As the production of these records suggests — after repeated claims that there were no such records — the CSC is one of the unreliable departments.

As for these documents, I still do not see the job posting document, the one that gets displayed in City Hall and at the schools which was the focus of my initial contact. Please recall I was specifically asking for clarification on the use of the term “New York State Chauffeur’s license” on the job posting.

I also do not see any indication that there were other applicants. I am told there were at least two. Where are their applications?

I do not see any communication requesting the creation of this position from the BoE nor do I see any record that the board approved the job description prior to the job posting. In fact, there is no communication between the BoE and the CSC in these records at all. How did the CSC know to discuss this position at their meeting on April 29th, 2008 if there was no prior request about this position to the CSC from the BoE and no prior discussion at CSC meetings?

It is my understanding that a significant role of the Civil Service Commission is to verify that an applicant meets the minimum requirements for a civil service position. I see no documentation that indicates that the successful applicant (or any applicant) met the minimum position requirements.

In short, while I am happy to get these documents there are still documents missing. I would like to get those. Any claims by the CSC Administrator about the existence of documents or lack thereof should not be given credence in light of her past statements regarding the attached documents sent today.

Thanks

Robert Cox

Managing Editor
New Rochelle’s Talk of the Sound

======== ======== ======== ======== ========

From: Small, Omar
Sent: Thursday, July 20, 2012 2:51 PM
To: Robert Cox
Subject: RE: Motor Equipment Operator Grade 8 from 2008

Mr. Cox,

Once the Civil Service Administer was informed of your inquiry, she conferred with the Board of Education to try and obtain the 2008 posting. You then broadened the request and a more recent posting was retrieved. We spoke on the phone and hearing from you was beneficial. The City of New Rochelle gets numerous requests for information through FOIL, and it is helpful and sometimes necessary to get more information on a request. Thank you.

I would like to offer a response to your email. See below.

· 2008 Posting of Board of Education MEO Grade 8 – This record could not be found.
· Were there other applications? We don’t know who else applied for this position.
· Communication creating this position from the BOE to CSC – This is not a new position, a vacancy was filled.
· Minutes of CSC April 29th Meeting – The CSC was informed of a position being filled.
· The prior discussion about this position would be a request from the BOE to the CSC to post the position. The current administrator of civil service was not in the position and as stated earlier the record could not be found.

I can be reached directly at 914-654-2142.

======== ======== ======== ======== ========

To: Robert Cox
Sent: Thursday, July 20, 2012 3:32 PM
From: Small, Omar
Subject: RE: Motor Equipment Operator Grade 8 from 2008

Omar,

What are you telling me? That your dog ate your homework?

My understanding of New York State Civl Service Law is that it is the CSC that is responsible for civil service positions in New Rochelle including the Board of Education. Your internal processes for responding to my request are immaterial. Further, I see no reason that the CSC would need to go to the BoE for files and folders related to ANY civil service position.

You are also attempting to document a timeline that does not match the record established already via the email exchanges. Your characterization of this matter is demonstrably false. On top of that, some of the records I requested are CSC records not BoE records and I was told over and over again that there were NO records at all not no CSC records. For example, you did not need to contact the BoE to obtain CSC meeting minutes.

As the records shows,the initial request resulted in repeated claims that no records existed related to the 2008 position. Three time over two weeks I was told, twice via email and one on the phone, that there were NO RECORDS for any Motor Vehicle Operator position from 2008. Yesterday you sent me some of the very records I was asking for since last week.

Whatever the “tradition” over there in City Hall, the only Civil Service agency in New Rochelle, NY is the Municipal Civl Service Commission. Under the revised Charter, I believe it is the City Manager not the Superintendent of Schools that is responsible for the Civil Service in New Rochelle. All files and folders are the responsibility of the CSC including Ms. Medina and, ultimately, Chuck.

Given this, and your statement here that there are civil service files that only exist within the BoE, I would suggest that you arrange to transfer custody of ALL civil service files from the BoE to the City of New Rochelle. If they want copies for their records you can sort that out with them.

In any case, there were two other applicants for this position and it is not MY job to produce their applications. Please provide them.

Are you suggesting now that the Municipal CSC does not maintain records related to BoE positions? If so, I would like you to affirmatively state that the City of New Rochelle’s Municipal Civil Service Commission does not maintain records of civil service positions if those positions are with the New Rochelle Board of Education.

Thank you.

Robert Cox

Managing Editor
New Rochelle’s Talk of the Sound

======== ======== ======== ======== ========

From: Kathy Gilwit
Sent: Thursday, July 26, 2012 233 PM
To: Robert Cox
Cc: Small, Omar
RE: Motor Equipment Operator Grade 8 from 2008

Bob, in response to your latest request below, there is no additional information on record, nor need there be according to NYS Archives Records Retention Disposition Schedule.

Copy of two additional applicants for the Motor Equipment Operator Grade 8 from 2008
Additional applications could not be found. Retention of applications of applicants not hired is 3 years.
· ♦9.[393] Application for employment, including resume, when applicant not hired:
RETENTION: 3 years

Communication from Board of Education to the Civil Service Commission requesting vacancy be filled
No communication between the BOE and Civil Service Commission was retrieved. After position is filled there is no requirement for retention.
· ♦7.[391] Personnel requisition made to civil service or personnel office, requesting that vacancy be filled:
RETENTION: 0 after obsolete

The information provided above was obtained from the NY State Archives Website, under Civil Service http://www.archives.nysed.gov/a/records/mr_pub_mu1.pdf

======== ======== ======== ======== ========