FEBRUARY 15, 2019, KEIZERTIMES, PAGE A5
JUDGE,
continued from Page 1
During the hearing, KPD’s
sergeants contended that
their roles do not amount to
supervisory positions and are
eligible for inclusion in the
union. If they are successful in
making the case, it could lead
to a different pay schedule and
less personal contribution to
their healthcare plans.
“If the sergeants were to
become part of the bargaining
unit, the city and Keizer Police
Association would be obligated
to bargain any change in
compensation and other terms
and conditions of employment
(benefi ts, hours, etc.) with the
association. The city would
conduct a salary survey to
determine what compensation
employees
who
perform
similar duties for comparable
agencies are earning,” DePina
said.
For the time being,
Administrative Law Judge
Martin Kehoe has rejected the
sergeants’ arguments overall
but found merit in some
aspects.
At the heart of the issue is
whether the sergeants’ roles
in the fi eld, and not their
actual job descriptions issued
by the city human resources
department, rise to the level of
supervisory authority within
Oregon Revised Statutes.
According to statute, a
supervisory employee is: “any
individual having authority in
the interest of the employer
to hire, transfer, suspend, lay
off, recall, promote, discharge,
assign, reward or discipline
other employees, or responsibly
to direct them, or to adjust
their grievances, or effectively
recommend such action, if
in connection therewith, the
exercise of the authority is not
of a merely routine or clerical
nature but requires the use of
independent judgment.”
While sergeants can decide
who to place in special units
of the department, which can
result in higher pay, an “offi cer
remains fundamentally an
offi cer,” Kehoe concluded.
On the other hand, sergeants
oversee a wide variety of duties
and independent authority, he
added.
The
most
common
intervention
initiated
by
sergeants is “coaching and
counseling.” Keizer’s sergeants
contended that it does not
equate to supervisory action,
Kehoe disagreed.
Sergeants “can also make
a formal record of it in an
offi cer’s digital personnel fi le
and warn that repeat offenses
or failure to comply with the
coaching and counseling will
result in progressive discipline.
Sergeants can also issue verbal
or written reprimands and
enter those into an employee’s
record, with or without a
superior’s permission,” Kehoe
wrote in his decision.
While it is common practice
for sergeants to consult with
superiors regarding coaching
and counseling and other types
of intervention for offi cers on
their shifts and units, they have
the authority to conduct such
action without a superior’s
input.
Additionally, Kehoe cites the
union’s collective bargaining
agreement that recognizes a
sergeant’s “responsibility to
ensure that counseling and
appropriate discipline occurs.”
Kehoe ends the dismissal
stating, sergeants can “assign,
discipline, direct and effectively
recommend the same with
independent judgment …
and that they exercise that
authority in the interest of
management.”
KAA goes purple in March
Submissions for Keizer Art Association’s
March show, Annual Color Show: Purple, will
be accepted on Wednesday, Feb. 27 at the Enid
Joy Mount Gallery.
Each entry is required to include the color
purple and can be 2D, 3D, photography, digital
art and kids’ art.
Entry fees for the show are (for association
members): $10 for the fi rst piece, $15 for two
pieces; $15 for diptychs and triptychs; $20 for
three pieces and $25 for four pieces.
Entry fees for non-association members are:
$20 for fi rst piece, $25 for two pieces, $25 for
diptychs and triptychs; $30 for thre pieces and
$35 for four pieces.
Youth art fees are $5 for two pieces.
All work must be original to the artist.
Annual Color Show: Purple, juried show,
will run from Feb. 28 to March 26. An artists’
reception will be held at the gallery from 2 to
4 p.m. on Saturday, March 2.
ROLES: Recent actions
confl ict with claims
(Continued from Page A1)
a supervisory one when he
applied for the position 19
years ago, he replied simply,
“I did.”
Sgt. Jeff Goodman said
sergeants routinely participate
in performance evaluations,
but that he often consulted
with lieutenants, his direct
superiors, when issuing oral
or written reprimands to
offi cers on his shifts. While
consulting with superiors
regarding
reprimands
is
common practice within
the department, Kehoe later
determined sergeants had
the authority to issue them
without going to supervisors
fi rst.
Sgt. David LeDay testifi ed
on another common theme
throughout the hearings:
whether
coaching
and
counseling rose to the level of
supervision.
“Counseling
is
not
supervision. We all have
areas to improve. There can
be 20 ways to do something
and there still be a better
way,” LeDay said. “It’s not
discipline.”
In the end, Kehoe disagreed
with that assessment as well.
All the sergeants whose
time in the position spanned
other eras of department
leadership said that the
culture of the department
has changed over time and
there has, generally, been less
need for verbal and written
warnings.
Wenning said that only
matters leading to some sort
of monetary penalty – loss of
an assignment that warranted
additional pay or a loss of step
increases – would constitute a
supervisory action, but “I’ve
never done it and haven’t
been subjected to it.”
Another core contention
of the appeal for union
membership was the ability
of sergeants to act on
“independent
judgment.”
But, most of the sergeants
arguments stood in contrast
to recent action.
When an offi cer assigned
to the traffi c unit did not to
perform up to expectations,
the sergeant in charge of
the unit did not renew his
assignment in the job after
two years. The offi cer was
placed back in the patrol
unit and lost a 5 percent pay
increase that went along with
the special assignment. Then,
when a new sergeant took
over the traffi c unit, he placed
the same offi cer who had been
taken out of the unit back
on it with the expectation
that he could improve
the offi cer’s performance.
The new sergeant did so
despite consulting with his
supervisors who counseled
against the action.
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