AGENDA CAPTION:
Title
Consider approval of Resolution 2025-42R, confirming the City Manager’s appointment of Kathy Martinez-Prather and Karen Berns to the San Marcos Civil Service Commission; and declaring an effective date.
Body
Meeting date: March 4th, 2025
Department: Human Resources
Funds Required: $0
Account Number: N/A
Funds Available: N/A
Account Name: N/A
CITY COUNCIL GOAL: N/A
COMPREHENSIVE PLAN ELEMENT(s): N/A
BACKGROUND:
Background Information:
The Civil Service Commission is established through the provisions of the Texas Local Government Code, Chapter 143 Municipal Civil Service for Firefighters and Police Officers (TLGC143). TLGC143 was adopted by the City of San Marcos October 30, 1974. The purpose outlined in the code is to secure efficient fire and police departments composed of capable personnel who are free from political influence and who have permanent employment tenure as public servants. The statute outlines duties, roles and responsibilities of the City and sworn fire fighters and police officers regarding employment. The Commission is established pursuant to this statute and is appointed by the City Manager with confirmation by the City Council. TLGC143 establishes both the criteria for commission members, the term of board members and the process of appointment. Commissioners are appointed by the City Manager and confirmed by the City Council.
The City adopted Meet and Confer in 2006 as outlined in the TLGC 142.109 supporting
local control over the wages, salaries, rates of pay, hours of work, or other terms and conditions of employment to the extent the public employer and the firefighters and/or police association, recognized as the sole and exclusive bargaining agent under this subchapter, agree through a ratified and approved Meet and Confer Agreement. This is significant as it provides the City and associations an opportunity to work together to make modifications to the TLGC to better meet the needs of our organization and community. These agreements define pre-emptions to Civil Service (TLGC143). The intent of local rules is to cover any areas not expressly addressed by TLGC143 or which are ambiguous.
The Civil Service Commission most frequently meets to hear employee appeals of written promotional examinations and to adopt Local Civil Service Rule changes. In regard to disciplinary matters, employees have the right to appeal to the Civil Service Commission or to an arbitrator. Employee disciplinary appeals are consistently appealed to an independent arbitrator.
The Civil Service Commission generally meets two to five times each year to administer the TLGC Chapter 143 and the City of San Marcos Local Civil Service Rules and Regulations. To perform these duties, knowledge of human resources and or/or promotional testing provides background knowledge for their role as a commissioner. The Director of Human Resources serves as the Director of Civil Service. The statute requires staggered three-year terms for commissioners.
Appointment of Kathy Martinez Prather - Term: 2/28/2025 -2/28/2028
Kathy Martinez-Prather’s term expired Feb 28, 2024. Commissioner Martinez-Prather held over due to the absence of Commissioner Landry. She has served for a partial and one full term. Commissioner Prather-Martinez has missed only one meeting due to a professional conflict and is consistently available, on time and prepared for meetings. Commissioner Martinez-Prather has confirmed her interest in continued service on the Civil Service Commission.
Appointment of Karen Berns - Term: 2/28/2025 - 2/28/2027
Ms. Berns meets the statutory requirements including living in San Marcos for three years or more. She has attended the Citizens Fire Academy and has 10 years’ experience in human resources. Her interest and experience align with service on the Civil Service Commission.
Ms. Reyes seeks confirmation of the City Council for the appointment of Commissioner Martinez-Prather for a three-year term expiring Feb 28, 2028 and appointment of Karen Berns for a two year term expiring February 28, 2027.