Voters can change civil service

By Jessica Soule

Thursday, November 1, 2007 11:08 AM EDT

The Citizen
On Election Day, ballots in Auburn will have a referendum asking voters to choose between keeping Auburn's civil service commission or giving the duties to a human resources director.

Not everyone agrees on which result will be best for the city.

No matter who administers the civil service regulations and exams, the city will have to abide by state rules and the state will oversee them.

Auburn city manager Mark Palesh has championed this change almost since his arrival this year. However, abolishing the civil service commission will take the consent of voters.

The city paid for an advertisement advocating for a personnel officer rather than the three commissioners. The mailer said the move would save the city money and allow the city to “negotiate labor contracts efficiently.”

The state Board of Elections said the city should sign up with the Cayuga County Board of Elections as a political advocacy group. This would mean the city would have to show where the money came from and how much it spent.

Palesh said the advertisement is biased in favor of the city, so it's appropriate to spend the city's money on it. He is in the process of hiring a human resource director, who will take on the duties of the human rights office, and would take over civil service duties if the referendum passes.

The commission costs $78,000 in operation costs, salaries and medical benefits, with the Auburn Enlarged City School District footing half the bill. The commission handles about 300 cases for the city and the same for the school district.

The commissioners earn $3,000 annually.

Councilor Matt Smith read a prepared statement during a council meeting urging people to vote to dismember the three-person commission.

He pointed to the fact the commission is appointed partially based on politics. Not all three commissioners can be the same political party, but the city council makes the selections.

“Appointment to this board requires no particular qualifications in the areas of personnel management or human relations, yet these individuals make key decisions that affect all city departments and ultimately affects how the city does business,” Smith stated.

Commission chair Bob Welch said the barrage of personal attacks on the three commissioners is insulting and frustrating.

“It made us look like a bunch of idiots,” Welch said of Smith's speech. The commissioners have experience in government on the county, state or federal level, commission secretary William Fulton added.

The commissioners aren't involved in the hiring process, Welch said, they simply present eligibility lists based on exam scores. Welch said he wonders, therefore, how people can accuse them of being a political entity.

“The independence of the commission (allows it to enforce) the state rules and regulations, but when you have an appointed person where the person who hired you tells you want they want, they have that pressure. They can stretch the law,” Fulton said.

The commission provides exams and reviews applicants' qualifications. From there, the city manager can interview the people who have the top three scores. Because of people getting the same scores, there's no limit to how many there can be. The manager then makes his way down the list.

The commission is designed to act as another layer of checks and balances, Welch said.

“The purpose of the civil service is to make sure the 394th person (on the list) who's a nephew doesn't get hired,” he said.

Palesh maintains the civil service commission has a “roundabout” impact on labor negotiations, as was written in the flyer, because they can control who would be eligible for the fire chief's job.

A single leader could interpret gray areas in favor of the city, what the commission should be doing, Palesh said.

One such area that has frustrated Palesh and some councilors is lateral transfers. This maneuver of hiring already trained workers usually is addressed for the Auburn Police Department and Auburn Fire Department. The board continually favors the fire union, Palesh said.

David Ernst, director of public information for the state Civil Service Commission, said for the most part, the structure is set up to encourage consistent results.

While Ernst recognizes some people may view the state's regulations strictly, and others may view it more broadly, the structure is fairly stable to prevent a large variety of responses.

“If people are reading the law honestly and objectively, there's not a lot of room for interpretation,” Ernst said.

Smith suggested the commission repeatedly refused to accept lateral transfers because they would lose power.

The fire department has had two vacancies since the summer. One firefighter went to Binghamton at end of May, while another left in July for a year of active military duty.

Palesh and members of the city council blame the commission for causing the overtime costs to cover those positions and training expenses because the board denied Palesh the right to hire two trained firefighters.

“It would mean that political favors could no longer be dispensed through this outdated and duplicative commission, at the expense of the city of Auburn taxpayers,” Smith stated.

Welch, on the other hand, wonders why the city didn't hire replacements when the other employees left. Fire Chief Mike Hammon, who was hired a month earlier, said he was overwhelmed when the first one left. They've already missed the August deadline for the firefighters' academy.

The commission maintains such transfers aren't fair to the city residents who pay the money and spend the time to take tests in hopes of getting jobs with city departments. The list for interested firefighter candidates includes nearly 150 people, Welch said.

“We'll allow lateral transfers when the situation warrants it,” Welch said, not when the situation is due to the city's lack of planning.

Palesh sees the commission denying such lateral transfers as “not siding with the taxpayer” because the city then has to pay for training.

The Auburn Firefighter's Local 1446 and Assistant Chief's Local 4021 have encouraged city residents to keep the commission intact.

Steve Parker, president of the Auburn Firefighters Local 1446, wants to see the civil service stay because it's a neutral party.

“(The unions) don't want to lose the golden goose,” Palesh said.

There are no nefarious ties between the two organizations, Parker said. The board listens to the union members' opinions, but other parties can, and do, offer their thoughts, too, Parker said. He said the commission is independent of both city hall politics, and union ideas.

Some people believe that a hired employee would have pressure to do what his or her boss wants, commission secretary Bill Fulton said.

“They listen to everybody's side. There's no influence by other people, like the city manager or the mayor,” Parker said. “It worked all these years, so why all the sudden do they want to change it. It sends up a red flag ... they want to have one person who reports to them.”

Palesh said that the human resource director will report to him, and he reports to the elected council.

“I'm not here for a promotion ... I'm not beholden to any union or anyone else except the citizens (of Auburn),” Palesh said. “My report card is what I leave behind. I've always sided on the side of professionalism.”

Staff writer Jessica Soule can be reached at 253-5311 ext. 267 or

jessica.soule@lee.net

Facing the Polls

Residents all over Cayuga County will face referendums. The following are a list of questions they will see in the ballots.

The statewide proposal is as follows:

Amendments to Article 14, section 1 of the Constitution, in relation to the use of forest preserve lands for wells for a municipal water supply in the hamlet of Raquette Lake, Hamilton County. The proposed amendments would allow the state to convey one acre of forest preserve land to the town of Long Lake for public use as the site for drinking water wells and necessary related equipment for the municipal water supply for the hamlet of Raquette Lake. In exchange, the state would receive at least 12 acres of land that is at least equal in value to the land conveyed to Long Lake. The land the state receives would be incorporated in the forest preserve. The Raquette Lake reservoir would be abandoned as a source of drinking water supply. Shall the proposed amendment be approved?

The Cayuga County referendum on term limits is as follows:

Should Local Law No. 7 for the year 1995 be amended to impose a term limit such that no person shall be elected to more than three (3) legislative terms on the Cayuga County Legislature; and that an appointment, together with an election, shall constitute a full term?

Auburn

Should the City of Auburn exercise the option provided by state Civil Service Law, and approve the provisions of local Law No. 6 of 2007, which amends the City Charter eliminating the Civil Service Commission and transferring its functions to a municipal personnel officer?

Niles

Shall the Town of Niles expend not more than $697,387.11 out of Capital Reserves, without Reserves, without additional borrowing to acquire land and to construct a new town highways garage complex adjacent to the Town hall in the hamlet of New Hope?

Town of Sterling/ Village of Fair Haven

Shall the village of Fair Haven enact Local Law No. 5 of 2007 allowing a real property tax exemption for volunteer firefighters residing in the Village of Fair Haven, in an amount established by New York State Real Property Tax Law Section 466?

Montezuma

Shall the number of town justices in the Town of Montezuma be reduced from two to one sole town justice for the Town of Montezuma?

Around the State

Of the state's 62 counties, 56 have county civil service agencies.

New York has 41 cities with their own commissions. Five of these cities have a personnel director rather than a commission: Glens Falls, Oswego, White Plains, Buffalo, and Sherrill.

Jamestown is putting up a referendum to either keep the commission or abolish it and have Chautauqua County take it over. In the next county over, Olean in Cattaraugus County just chose to get rid of the commission.

The Citizens' Say

Post your comment - click here

There are 5 comment(s)

GiveMeLiberty wrote on Nov 2, 2007 11:39 AM:

" "I live here": Your post reminded me of a quote I once read, and here it is: "Every social movement . . . that tries to break the bonds of mindless convention and tradition and that defies established privilege gets accused of being rude and worse, much worse, and there are always weak apologists for the status quo who use that pathetic etiquette excuse to try and silence the revolutionaries. Successful revolutionaries ignore the admonitions about which fork to use for their salad because they care only to grab the steak knife as they launch themselves over the table. -- Richard Dawkins While Reich's point was illustrated in a way that conjures thoughts of things most of us would like to pretend don't exist, perhaps you could see past that and argue against his point instead of trying to dismiss his method of delivery. "

I live here wrote on Nov 1, 2007 11:42 PM:

" Reich 13021: Your post is disturbing and offensive to say the least. It certainly suggests illness on your part. Please seek help. Analogies such as this are shameful. "

ReichMarshalPalesh13021 wrote on Nov 1, 2007 10:28 PM:

" Achtung good citizens of Auburn!!!! Don't listen to these fools, my little ones. Ve only need eins person to make civil service and human rights decisions, that eins person who vill answer only to me!!!!!! I vill soon be supreme high commander of our city, and after invading surrounding territories, I vill impose my vill on all the citizens of this area. Vot do they know.....these democracy favoring fools? How can ve build a fourth Reich if they do not follow our beliefs? Soon I vill make new laws so ve can recognize our enemies. Ve vill make them sew yellow "3"s on their clothes to remind us that they supported diversity and balance by supporting the 3 commisioners. Fools!!!! Soon ve will not allow them to vote, own property, practice religion (except for my precious Mormonism). Ve vill strip them of ALL these luxuries that has been the downfall of this fat drunken nation. Those who support us vill survive; those who don't vill...vell, ve can speak of their eradication after ve have achieved our first goal for the Reich. Danke Schoen to my supporters, Herr Lattimore and Herr Smith. They vill soon VILLINGLY change their names to Ladenberger and Schmidt...two very fine names! They are all that vas espoused in the leaders of our former Reich: Blind obedience vith the traits of being loyal, easily swayed, and stupid! They are supposed to direct Me...but like lambs to the slaughter, they are villing to let me make their decisions and lead them to our new Valhalla here on earth!! They vill be Mein Generals!!!! Citizens....start changing your names to something a little more....shall we say Aryan? Change your addresses too, citizens. You will soon be living in Paleshberg, and if all goes well, ve will soon be in Paleshland!!!! Just follow me blindly as your council members do, and all vill be vell!!!! Ve will show these fools that vot ve have proposed is not just a ein Haufen Lügen, but our new vay of life!!!! So vot if I suffer from a Napoleon Complex, and I am also unable to look you in the eyes when you speak to me? Who are you to demand common courtesy? I am the Fuehrer, and you VILL respect my authority!!!! Palesh Uber Alles!!!!!!! "

silentriver wrote on Nov 1, 2007 9:17 PM:

" Vote No! This is an attempt not to modernize City Hall but to return to the days of nepotism and politcal favorites. The three man Civil Service Commission serves as an independent system of checks and balances so desperately need to assure quality, fairness and equity in City hiring practices. The Commission is made up of people from all parties as are all the City employees. Total current cost to City taxpayers with the school district paying for half is $39,000. What Palesh, Smith & Lattimore are proposing will exceed $100,000 with benefits. How is that saving the City money? Without the Commission one person, the City Manager, who hires the proposed personnel director is now in control. When the manager or his cronies (Smith & Lattimore) want someone hired the personnell director better say "yes boss" or else... "

A voter wrote on Nov 1, 2007 3:34 PM:

" Just what we need another yes man in City Hall! Lets stick with the 3 man independent commission that we have. At least we have somebody can hold City Hall accountable. "

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