HomeMy WebLinkAbout1183rd CSC MEETING1183rd REGULAR MEETING OF THE
CIVIL SERVICE COMMISSION
The 1183rd Regular Meeting of the Civil Service Commission was held on Thursday,
December 5, 2002. The meeting was called to order at 5:30 P.M.
Members Present: Ronald E. Campau, Chairperson
Charlotte S. Mahoney
Harry C. Tatigian
Also Present:
Nicholas Calleja, Local Union 192 Steward
Elsie Graham, Clerk I
John Graham, Tree Artisan
Kenneth Grzembski, Local Union 192
Steward
Christopher Kasprzynski, Tree Trimmer
Linda McCann, Director of Community
Resources
Douglas Moore, Parks and Forestry
Supervisor
Ralph Williams, Tree Trimmer
Brian Wilson, Assistant Superintendent of
Public Service
David G. Beecher, Personnel Analyst II
Gretchen Guisbert, Secretary III
Aurora Vigil, Personnel Analyst I
Derrick L. Washington, Personnel Analyst II
Mary E. Rutan, Human Resources Director
Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian and unanimously adopted, it was
RESOLVED, That the minutes of the 1182nd Regular Meeting held Thursday,
November 14, 2002, be approved as submitted.
Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian and unanimously adopted, it was
RESOLVED, that the minutes of the 80' Special Meeting held Wednesday,
November 20, 2002, be approved as submitted.
The Commission received and filed the Status of Temporary Employees Report for November
2002.
The Commission received and fled the Non -Resident Report as of December 2002.
Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was
RESOLVED, That having reviewed the departmental correspondence of
November 12, 2002, from David A. Bostater, Assistant Driver, as approved for
submission by Alan W. Bmndemihl, Jr., Fire Chief, requesting additional Family
Sick Leave for 2002, the Civil Service Commission does hereby approve two (2)
additional twenty-four (24) hour paid Family Sick Leave days, beyond the
maximum four (4) twenty-four (24) hour duty days per calendar year allowed.
Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian and unanimously adopted, it was
Paget 1183rd Regular Meeting December5,2002
RESOLVED, That having reviewed the letter of December 2, 2002, from Peter
Kunst, Police Chief, on behalf of Betty Hanwell, Clerk -Typist I, requesting an
unpaid medical leave of absence, the Civil Service Commission does hereby
approve an unpaid medical leave of absence for Ms. Hanwell for ninety (90) days
from December 3, 2002 through March 2, 2003, pursuant to Civil Service
Commission Rules and Regulations, RULE 25, LEAVES, Section 25.5 Leave of
Absence.
AND BE IT FURTHER RESOLVED, That should Ms. Harwell's physician
medically release her to return to work prior to that date, that she will report to her
supervisor to coordinate a return to work examination with the City Physician.
Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was
RESOLVED, That having reviewed the letter of December 2, 2002, from Robert J.
Schron, City Engineer, as approved for submission by Robert J. Beckley, Director
of Public Works, requesting permission to carry over vacation days, the Civil
Service Commission does hereby approve Mr. Schron's request to carry over
seven point zero six (7.06) days or fifty-six point five (56.5) excess vacation hours
with the understanding that these hours will be used in 2003;
AND BE IT FURTHER RESOLVED, That no future request will be considered to
carry over excess vacation into 2004.
Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was
RESOLVED, That having reviewed the departmental correspondence of
December 3, 2002, from Deborah Kross, Clerk -Typist II, (PPT), as approved for
submission by Alan W. Brandemihl, Jr., Fire Chief, requesting to carry over
excess vacation hours, the Civil Service Commission does hereby approve Ms.
Kross' request to carry over ten point five six (10.56) four (4) hour days or forty-
two point two five (42.25) excess vacation hours with the understanding that
these hours will be used in 2003;
AND BE IT FURTHER RESOLVED, That no future request will be considered to
carry over excess vacation into 2004.
Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian and unanimously adopted, it was
RESOLVED, That having reviewed the departmental correspondence of
November 15, 2002, from Roger A. Sutliff, Fire Lieutenant, as approved for
submission by Alan W. Brandemihl, Jr., Fire Chief, requesting an extension of the
three-year retirement limit for excess vacation accrual, the Civil Service
Commission does hereby approve this request with the understanding that Mr.
Sutliff be required to not exceed fifteen (15) twenty-four (24) hour accrued
vacation days as of December 31, 2002, 2003 and 2004, which will then permit
the maximum accrual of twenty-eight (28) twenty-four (24) hour vacation leave
days for payout purposes in anticipation of his retirement date on or before
December 5, 2005.
Page 3 1183rd Regular Meeting December 5, 2002
Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was
RESOLVED, That having reviewed the letter of November 18, 2002, from Linda
McCann, Director of Community Resources, requesting an increase in pay rates
for grant classifications to be consistent with the rate increase received by
permanent employees during the City's present fiscal year, the Civil Service
Commission does hereby approve the rate increase for these grant
classifications to be effective October 1, 2002, and submits same to City Council
for consideration.
Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was
RESOLVED, That having reviewed the letter of November 15, 2002, from Robert
J. Beckley, Director of Public Works, requesting an extension of leave of absence
from the classified service, the Civil Service Commission does hereby approve a
leave of absence from the classified service for Mr. Beckley for one (1) year
pursuant to Civil Service Commission RULE 16 Section 16.5 Appointment of an
Employee in the Classified Service to a Position in the Unclassified Service.
Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was
RESOLVED, That having reviewed the expiring eligible list for the month of
January 2003, Building Maintenance Supervisor (833 o.c.), Custodian (792-D
o.c.), Park Maintenance Worker 1 (1139 p.) and Roads Foreman (1134 p.), the
Civil Service Commission does hereby approve to extend the eligible list for
Custodian (792-D o.c.) for an additional six (6) months.
Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian and unanimously adopted, it was
RESOLVED, That the Commission does hereby approve the eligible list for City
Librarian (850 o.c.).
The Commission received and filed the following items:
a) Letters of November 27, 2002, from Mary E. Rutan, Human Resources Director,
to Jack E. Kirksey, Mayor, transmitting the Annual Reports for the Civil Service
Commission and the Board of Trustees for Fiscal Year 2001-2002.
b) Council Resolution from the meeting of November 6, 2002 with minutes to be
approved November 20, 2002:
CR# 589-02 Concurring in and approving of the recommended changes to titles,
job descriptions, qualifications and pay rates for temporary job classification in
the Department of Parks and Recreation, to be effective December 1, 2002.
Page 1183rd Regular Meeting December5,2002
Council Resolution from the meeting of November 20, 2002 with minutes to be
approved December 9, 2002:
CR# 615-02 Amending Council Resolution 507-02 to include fringe benefit
adjustments for the classification of Deputy Police Chief and Police Captain for
the period December 1, 2000 through November 30, 2003.
CR# 632-02 Referring to the Department of Law the proposed restatement of
the Retirement Plan Ordinance to place in proper form the appropriate ordinance
amendments to chapters 2.96 and 2.97 of the Livonia Code of Ordinances for
submission to Council.
d) Affirmative Action Report for November 2002.
The Chairperson called for the hearing of AFSCME Union Local 192 Grievance #02-05, from
Ralph Williams, regarding failed probation as a Tree Artisan.
Kenneth Grzembski, AFSCME Union Local 192 Parks Steward, spoke on behalf of the
grievant, Ralph Williams. He stated that the grievant had failed the examination probation
period for Tree Artisan because of a conflict and the bias of his Foreman. He reported that the
Foreman stated to co-workers that the grievant would never pass his probation; that the
Foreman issued the monthly performance evaluations late and identified issues which
occurred before the reporting period; and that the Foreman had yelled at the grievant in front of
a citizen's home and his evaluation comments were biased, harassing and demoralizing. Mr.
Grzembski further commented that the role of the Foreman was to train the employee; that the
Foreman was not properly certified to train the grievant; and that the Foreman had been given
extra time after completion of his original probation period to achieve certification.
Brian Wilson, Assistant Superintendent of Public Service, spoke on behalf of the Department.
He stated that one of the qualifications for the Tree Artisan (822 o.c.) examination stated that
the applicant "Must have or be eligible for arborist certification through the state certification
program or the International Society of Arboriculture" (ISA). He reported that the grievant had
been given multiple opportunities to lake the test at the expense of the City and failed to
achieve certification. This resulted in Mr. Williams' failure of the Tree Artisan probation period.
Commissioner Tatigian asked if other employees were given an opportunity to achieve
certification after the probation period. Mr. Wilson responded that Mr. Williams had been
granted an extension to his probation period to have the opportunity to obtain the certification
required as a qualification for the Tree Artisan. Mr. Williams responded that he took the
arborist certification test two (2) times prior to his promotion and three (3) times during his
probation period. He stated, however, that he was told during his initial performance
evaluation meeting that even if he passed the test he would not be rated "satisfactory" in the
job knowledge category on the probation report.
Page 5 1183rd Regular Meeting December 5, 2002
Commissioner Mahoney clarified that the grievant was given five (5) opportunities to pass the
arborist certification test. Mr. Tatigian asked to be refreshed on why initially the Department
felt no one was internally qualified for promotion to Tree Artisan and why the arborist
certification was a requirement for the classification.
Mr. Grzembski reviewed the unsatisfactory performance ratings issued to the grievant
including attendance issues and the confrontation in the field over a tree limb removal. Mr.
Wilson introduced Doug Moore, Park Maintenance Supervisor. Mr. Moore was asked to be
present to respond to questions concerning the performance ratings of the grievant on behalf
of the Foreman, who was absent from the meeting. Mr. Wilson stated the grievant had
received an attendance review letter during the evaluation period identifying the Department's
concerns involving his absence or tardiness, which was not related to his FMLA Leave.
Furthermore, he stated that the grievant had failed to report for numerous emergency call outs
during the probationary report period and repeatedly refused all overtime.
Commissioner Tatigian questioned Mr. Moore regarding the fairness of the probation ratings
issued by the Foreman. Mr. Moore discussed the reported incident on Ellen Street which
continued for over one and one-half (1 %) hours, with four (4) or five (5) City vehicles on site, in
the presence of several homeowners. Chairperson Campau questioned if the grievant
disagreed with the Foreman's directive on that job. Mr. Wilson reported that the incident had
been reviewed at a previous Labor Management Meeting and the disagreement was not a
safety issue. Mr. Williams concurred and replied that he had asked Mr. Pargoff to (climb the
tree) "show me" what he wanted to be done. He was concerned that the tree limb hung over a
lamppost and he didn't want it to hit it. Union Steward Nick Calleja confirmed he had been
called out to be present at this incident and the grievant requested the Foreman to show him.
In response, Mr. Wilson stated that the disagreement which occurred was not a training issue;
rather, it was an argument or refusal to follow the Foreman's directive reflecting an attitudinal
problem.
Chairperson Campau asked the Union representative what language in the labor contract gave
this grievance merit. Steward Grzembski cited the General Article requiring "friendly and
cooperative relations' was violated when the Foreman raised his voice to the grievant during
the Ellen Street incident. He further stated the Foreman was responsible to train or
demonstrate the procedure to ensure the employee's safety. Further, he cited Civil Service
Commission RULE 17.1 pertaining to issues of Tale performance or probationary reporting
which resulted in limited time for the employee to correct deficiencies. He also cited DPW
Department Rule 5.14 concerning Safety Rules and Practices and past practice which allowed
the Foreman to complete probation without certification in line clearance which was a required
qualification. Lastly, he commented on the low number of applicants who passed the Tree
Artisan (822 o.c.) examination. Employee John Graham stated that while the arborist
certification test is fair, it is very difficult and requires an overall passing score of 70% on 200
questions covering 15 categories. He stated he had over 20 years experience and Forestry
employees do not utilize all the areas required in the test. Therefore, he believes an employee
needs added time beyond the probationary period to pass sections of test they are not familiar
with. Further, in his opinion, the arborist certification should be required for the Foreman but
not the Tree Artisan. Mr. Wilson responded that these issues were previously reviewed by the
Commission in July 2001 when the request to announce the examination was submitted and
the Department identified the need to upgrade the skills of Forestry personnel.
Page 1183rd Regular Meeting December 5, 2002
Commissioner Tatigian summarized that the Commissioners authorized the extension of the
probationary period to do the grievant a favor and give him more time to achieve certification
and that the Tree Artisan examination required arborist certification even though previously it
was not required and others (Foreman) were not similarly required. He concluded that while
the Foreman was not present to rebut questions concerning "unfair" ratings, the written reports
showed consistent unsatisfactory performance over the probationary period. Chairperson
Campau clarified that the Commission couldn't overturn the performance rating because they
did not observe the grievant's actual performance. Ms. Mahoney commented that the
Commission cannot refute, reverse or undo what has been recorded on the
performance/probationary reports, and while it is clear the relationship between the grievant
and Foreman was not harmonious, the failure to achieve arborist certification is a matter of
fact. Mr. Tatigian concluded the comments by advising the grievant he could continue to
attempt to pass the arborist certification and reapply for promotional consideration in the future,
however, the City cannot pay for unlimited attempts. Further, he concurred with his colleagues
and stated that the Department has the discretion to rate the employee's performance with
stated reasons which appear valid and the Commission could not challenge or overcome these
ratings.
Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian and unanimously adopted, it was
RESOLVED, That having reviewed the AFSCME Union Local 192 Grievance
#02-05, from Ralph Williams, regarding failed probation as a Tree Artisan, and
after having had discussion with Kenneth Grzembski, AFSCME Local 192 Union
Steward; Christopher Kasprzynski, Tree Trimmer; Nicholas Calleja, AFSCME
Local 192 Steward; Douglas Moore, Parks and Forestry Supervisor; Ralph
Williams, Tree Trimmer; John Graham, Tree Artisan and Brian Wilson, Assistant
Superintendent of Public Service, the Civil Service Commission does hereby
deny the grievance based on the ratings during his extended probationary period.
Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was
RESOLVED, That the meeting be adjourned at 6:30 p.m.
Gretchen Guisbert, Secretary III
Ronald E. Campau, Chairperson
Page] 1103rd Regular Meeting Decemlier5,2002
Charlotte S. Mahoney, Commissioner
Harry C. Tatigian, Commissioner