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of employees for cause. And there' s a mechanism set up <br /> for this through the grievance procedure, of all <br /> collective bargaining contracts. <br /> BETHEA: Is state law in conflict with those collec- <br /> tive bargaining agreements? <br /> LUKE: Not in this instance, no. The state law <br /> allows for dismissal for cause and so does . . . so do the <br /> collective bargaining contracts. So there ' s no <br /> conflict. And there is a way of removing a civil service <br /> employee. And you have to make your case and the case <br /> has to be a solid case but you can remove a civil service <br /> employee. <br /> BETHEA: How frequently does it happen? <br /> LUKE: Not very frequently after they make regular <br /> status , but it does happen during their probationary <br /> periods. And this is the. . .really the time when you <br /> should look on it (inaudible) an employee (inaudible) <br /> determined whether he or she is going to be a good <br /> employee or not . And we have removed them during the <br /> probation. I don' t recall a removal of a regular <br /> employee during the tenure year. <br /> BETHEA: In other words , once they get beyond the <br /> probationary status , there is. . . in your tenure here, have <br /> been no one removed from their position because of incom- <br /> petence or any other reason? <br /> LUKE: I can' t recall any. That doesn' t mean that <br /> for any reason there haven' t been removed from the <br /> position. I mean, in some cases an employee will be <br /> taken to task because of his performance. And in some <br /> cases I believe that the employees have terminated <br /> because they have been taken to task. They have quit <br /> rather, not the. . .reappointing agency terminated them. <br /> But they have quit. <br /> OMONAKA: Mr. Chairman, I don' t understand this line <br /> of questioning really. I think what we should be looking <br /> for is how the Charter is affected by our (inaudible) is <br /> important. I think we should confine ourselves to that <br /> (inaudible) skating all over the place. That ' s what I <br /> think. <br /> BETHEA: Well I . . .my question was, and I think you <br /> did answer it. That there' s nothing. . . if there is a <br /> problem with that , there' s nothing that the Charter <br /> Commission can do about it. <br /> Let me ask. You have suggested two other <br /> 366 <br />