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AGENDA (continued) ACTION TAKEN (continued) <br /> REPORTS OF CITY MANAGER (continued) REPORTS OF CITY MANAGER (continued) sag <br /> Item No. 1 (continued) <br /> b. ORDINANCE APPROPRIATING FIFTEEN THOUSAND ORDINANCE approved for first reading; and <br /> DOLLARS ($15,000) FROM THE UNAPPRO- to remind City staff, Wilbur Smith and <br /> PRIATED BALANCE OF SPECIAL GAS TAX Associates, and Southern Pacific <br /> STREET IMPROVEMENT TO TRANSPORTATION Transportation Co. that it is expected <br /> PROGRAM, CAPITAL IMPROVEMENTS PROGRAM immediate remedial action will be taken to <br /> FOR BAY/CHESTNUT RAILROAD BRANCH LINE resolve the unsafe situation on Chestnut <br /> RELOCATION STUDY Street between Veterans Boulevard and <br /> Middlefield Road. <br /> Carried unanimously by roll call vote. <br /> MINUTE ORDER NO. 81-149 <br /> 2. Personal services agreement - Psychological Report of City Manager 9/10/81 <br /> Testing, Fire Department Report of Director of Fire Services 8/13/81 <br /> In response to question, Director of Fire <br /> Services O'Brien described the means by <br /> which the psychologist would develop a <br /> profile for use in employing firefighters <br /> and the services which would be available to <br /> firefighters who might benefit from <br /> psychological consultations in connection <br /> with their work. <br /> Leo Middendorf, 351 California Street, San <br /> Francisco, paralegal assistant to Davis, <br /> Cowell and Bowe, representing San Mateo <br /> County Firefighters Local 2400, suggested <br /> that the City has a legal obligation to meet ewe <br /> and confer with regard to the use of the <br /> proposed psychological testing in the hiring <br /> process. Mr. Middendorf requested formally <br /> to meet and confer on the matter before the <br /> agreement is adopted. <br /> City Attorney Schricker advised that the <br /> proposed psychological testing is an <br /> appropriate use of management tools, and it <br /> is within the management prerogative to <br /> operate the Department. Mr. Schricker <br /> advised it is not a meet and confer issue. <br /> Mr. Middendorf said that he had received <br /> notice of the proposed agreement today and <br /> acknowledged that Chief O'Brien had made <br /> comment earlier to District Vice Presidents <br /> of the local who did not pass the <br /> information on to him. <br /> City Attorney Schricker pointed out for the <br /> record that there is a legal distinction <br /> between "consult" and "confer"; that local <br /> representatives of the Union were advised of <br /> the existence of the proposed agreement; and <br /> that Mr. Middendorf has acknowledged it. <br /> M/S: Britschgi/Stangel to refer the <br /> proposed agreement back to staff until there <br /> has been a consultation with the Union. <br /> wt <br /> Reg.Mtg. <br /> 9/14/81 <br /> Page 2 <br />