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HomeMy WebLinkAbout1185th CSC MEETING1185th REGULAR MEETING OF THE CIVIL SERVICE COMMISSION The 1185th Regular Meeting of the Civil Service Commission was held on Thursday, February 20, 2003. The meeting was called to order at 5:31 P.M. Members Present: Ronald E. Campau, Chairperson Charlotte S. Mahoney Harry C. Tatigian Also Present: Thomas Ambers, Sr. Police Sergeant Robert J. Beckley, Director of Public Works Todd Bredin, Sr. Police Lieutenant Yvonne Lillibridge, President, AFSCME Union Local 192 Daniel Loftus, Sr. Police Sergeant Lisa Loftus, Wife of Sgt. Loftus Katie Loftus, Daughter of Sgt. Loftus Brian Mills, Mills and Motley, LLC Kathleen Monroe, City Librarian, Acting George Roumell, Jr., Attorney, Riley, Roumell and Connolly Derrick L. Washington, Personnel Analyst II David G. Beecher, Personnel Analyst II Aurora Vigil, Personnel Analyst I Mary E. Rutan, Human Resources Director Gretchen Guisberl, Secretary III Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was RESOLVED, That the minutes of the 1184'^ Regular Meeting held Thursday, January 16, 2003, be approved as submitted. The Commission received and fled the Status of Temporary Employees Report for January 2003. The Commission received and fled the January 14, 2003 medical statement received January 22, 2003; the Civil Service Department correspondence sent February 12, 2003; and the response correspondence received February 14, 2003 conceming the extension of a medical leave of absence regarding Virginia Wilson, Tax Clerk I. The Commission received and fled the Non -Resident Reports as of February 2003. Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was RESOLVED, That having reviewed the letter of February 3, 2003, from Alan W. Brandemihl, Jr., Fire Chief, requesting an extension of the probationary period for Jonathan R. Pokrzywnicki, Firefighter, the Civil Service Commission does hereby approve an extension of the original probationary period for six (6) months from the date Mr. Pokrzywnicki is medically approved to return to work without restrictions. Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian and unanimously adopted, it was Paget 1185th Regular Meeting February 20, 2003 RESOLVED, That having reviewed the letter of February 13, 2003, from Robert J. Beckley, Director of Public Works, and Kevin G. Roney, Public Utility Manager, requesting an extension of the lateral transfer probationary period for Walter Rost, Custodian (PFT), the Civil Service Commission does hereby grant the extension of the lateral transfer probationary period for Mr. Rost, to May 7, 2003, pursuant to AFSCME Union Local 192 Contract, Article 19, TRANSFERS C.6., to allow for further evaluation of his skills and performance in the Custodian (PFT) position. Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was RESOLVED, That having reviewed the letter of February 3, 2003, from Robert J. Beckley, Director of Public Works, transmitting the letter of January 27, 2003, from Charon Normand -Widmer, requesting consideration for employment reinstatement, the Civil Service Commission does hereby grant this request, pursuant to Civil Service Commission Rules and Regulations, RULE 16, CERTIFICATION, APPOINTMENT AND REINSTATEMENT, Section 16.6 Reinstatement; subject to approval by the Personnel Review Committee (PRC); and subject to Ms. Normand -Widmer passing a pre-employment medical examination conducted by the City Physician. Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian and unanimously adopted, it was RESOLVED, That having reviewed the letter of January 30, 2003, from Jack E. Kirksey, Mayor, recommending salary and fringe benefit adjustments for the classification of Fire Chief, the Civil Service Commission does hereby approve the recommended salary and fringe benefit adjustments for the period December 1, 2002 through November 30, 2005, pursuant to the attached summary; AND BE IT FURTHER RESOLVED, That all other fringe benefits not elaborated in the attached summary as extended to Livonia Fire Fighters in their December 1, 2002 through November 3, 2005 Agreement be afforded to the classification of Fire Chief, AND BE IT FURTHER RESOLVED, That this resolution is to be effective immediately and is hereby submitted to City Council for their review and concurrence. Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was RESOLVED, That having reviewed the letter of February 18, 2003, from Robert J. Schron, City Engineer, on behalf of Jason Desmond, Engineering Assistant II, requesting an extension of an unpaid medical leave of absence, the Civil Service Commission does hereby approve an extension to the unpaid medical leave of absence for Mr. Desmond for eight (8) weeks from February 1, 2003 through March 31, 2003. Page 1185th Regular Meeting Febmary 20, 2003 Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian and unanimously adopted, it was RESOLVED, That having reviewed the information received on January 20, 2003, from Brian Mills, Mills 8 Motley, L.L.C., and memorandum of February 11, 2003, from Aurora Vigil, Personnel Analyst I, regarding same, the Civil Service Commission does hereby approve the new HMO Medical Insurance rates for Health Alliance Plan (HAP) and Blue Care Network (BCN), to be effective March 1, 2003 through February 28, 2004. Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was RESOLVED, That having reviewed the letter of January 13, 2003, from Robert J. Schron, City Engineer, requesting a promotional examination for Engineering Assistant II and proposed qualifications and parts of examination and weights, and after having had discussion with Robert J. Beckley, Director of Public Works; Yvonne Lillibridge, President, AFSCME Union Local 192 and Mary E. Rutan, Human Resources Director, the Civil Service Commission does hereby approve the following qualifications and parts of examination and weights: QUALIFICATIONS This examination is open only to employees of the City of Livonia, who, by the closing date of the announcement: Have regular status in the classification of Engineering Assistant I, and; Have at least two (2) years of full time work experience in the classification of Engineering Assistant I. Written Test -80% Departmental Rating -20% Pursuant to AFSCME Local 192, PROMOTIONS 20.b., in competitive examinations, which include Department Ratings, the Departmental Rating form 0 to 100 will count 20% of the examination, but a score under 70 will not disqualify the candidate from continuing the process. Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was RESOLVED, That having reviewed the letter of February 11, 2003, from Barbara Lewis, City Librarian, requesting a promotional examination for Library Aide II and proposed qualifications and parts of examination and weights, the Civil Service Commission does hereby approve the following qualifications and parts of examination and weights: QUALIFICATIONS Page 1165th Regular Meeting February 20, 2003 This examination is open only to employees of the City of Livonia, who, by the closing date of this announcement are: Currently employed in the Library Department; and Have regular status as a Library Aide I; and Have completed the equivalent of three (3) years full-time paid experience as a Library Aide I in the circulation area. PARTS OF EXAMINATION AND WEIGHTS Written Test -40% Interview -40% Departmental Rating -20%' 'In the event there is only one qualified applicant for the position, the Parts of Examination and Weights will be 100% Departmental Rating. Pursuant to AFSCME Local 192 contract, PROMOTIONS, 20.B., in competitive examinations which include Departmental Ratings, the Departmental Rating from 0 to 100 will count as 20% of the examination, but a score of under 70 will not disqualify the candidate from continuing the process. Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was RESOLVED, That having reviewed the letter of February 12, 2003, from Robert J. Beckley, Director of Public Works, and James M. Zoumbaris, Superintendent of Public Service, requesting a promotional examination for Roads Foreman and proposed qualifications and parts of examination and weights, the Civil Service Commission does hereby approve the following qualifications and parts of examination and weights: QUALIFICATIONS This examination is open only to employees of the City of Livonia who, by the closing date of this announcement, are: 1. Employed in the Public Service Division of the Department of Public Works; and 2. Have regular status as a Construction Worker II; and 3. Have a minimum of two (2) years experience as a Construction Worker II. PARTS OF EXAMINATION AND WEIGHTS Written Examination -35% Interview -35% Departmental Rating -30%' `In the event there is only one qualified applicant for this position, the Parts of the Examination and Weights will be 100% Departmental Rating. Pages 1185th Regular Meeting Febmary 20, 2003 Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was RESOLVED, That having reviewed the letter of February 12, 2003, from Robert J. Beckley, Director of Public Works, and Brian Wilson, Assistant Superintendent of Public Service, requesting a promotional examination for Sign Maintenance Worker I and proposed qualifications and parts of examination and weights, and having had discussion with Robert J. Beckley, Director of Public Works; Yvonne Lillibridge, President, AFSCME Union Local 192; and Mary E. Rutan, Human Resources Director, regarding an employee in the classification of Sign Maintenance Worker I performing snow and ice removal, and adding the language 'subject to departmental needs as outlined in the Emergency Snow Removal Policy, in the Description of Work section of the official announcement, the Civil Service Commission does hereby approve the following qualifications and parts of examination and weights: QUALIFICATIONS This examination is open only to employees of the City of Livonia who, by the closing date of this announcement are: Employed in the Public Service Division of the Department of Public Works; and Have regular status in a permanent classification; and Must be eligible for either a Temporary Instruction Permit (TIP), or have a valid Group "A" or "B" Commercial Drivers License with Air Brake, and must have or be eligible for, a valid Industrial Truck Driving Permit for operation of a forklift. An employee in this classification is subject to all requirements of the Federal Omnibus Transportation Employee Testing Act of 1991, as amended. Written Test -80% Departmental Rating -20% Pursuant to AFSCME Local 192, PROMOTIONS 20 B., in competitive examinations which include Departmental Ratings, the Departmental Rating from 0 to 100 will count as 20% of the examination, but a score under 70 will not disqualify the candidate from continuing the process. Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian and unanimously adopted, it was RESOLVED, That having reviewed the expiring eligible list for the month of March 2003 — Account Clerk 1 (835 o.c.) and Equipment Operator III (1153 p.), the Civil Service Commission does hereby approve to extend the eligible list for Account Clerk 1 (835 o.c.) and Equipment Operator III (1153 p.) for an additional six (6) months. Page 6 1185th Regular Meeting February 20, 2003 Upon a mofion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was RESOLVED, That the Commission does hereby approve the eligible list for Building Mechanic II (1168 p.). RESOLVED, That the Commission does hereby approve the eligible list for Program Supervisor (1169 p.). RESOLVED, That the Commission does hereby approve the eligible list for Police Dispatcher (851 o.c.). The Commission received and filed the following items: a) Council Resolutions from the meeting of January 15, 2003 with minutes to be approved January 29, 2003: CR# 05-03 Approving the Grant Classifications and compensation plan for staff employment for fiscal year 2003 through the Department of Community Resources for the period October 1, 2002, through September 30, 2003, with the only benefit provided being holiday pay after the completion of 480 hours. CR# 18-03 Approving the Collective Bargaining Agreement between the City of Livonia and the Livonia Firefighters Union, Local 1164, for the period December 1, 2002 through November 30, 2005. b) Council Resolutions from the meeting of January 29, 2003 with minutes to be approved February 12, 2003: CR# 26-03 Confirming the reappointment of Ms. Jolietta Coleman, 14174 Richfield, Livonia, Michigan 48154, to the Board of Review for a term of three years commencing February 17, 2003, and expiring on February 16, 2006. CR# 32-03 Approving the reappointment of Gerald Taylor, 36734 Sunnydale, Livonia, Michigan 48154, to the Economic Development Corporation of the City of Livonia Board of Directors for a term expiring June 7, 2008, the Council does hereby confirm and approve such reappointment. Response to letter of January 20, 2003, from Ruth Love, Clerk Typist II, requesting a copy of the Civil Service Commission resolution and payroll formula that addresses the extension of supplemental military pay to Guard/Reserve members that are employed by the City of Livonia. d) Affirmative Action Report for January 2003. Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was RESOLVED, That having reviewed the Departmental Correspondence dated February 19, 2003, from Thomas J. Clark, Jr., Assistant Driver, as approved for submission by Alan W. Brandemihl, Jr., Fire Chief, requesting a military leave of Page ] 1185th Regular Meeting February 20, 2003 absence, the Civil Service Commission does hereby approve Mr. Clark's request for a military leave of absence commencing February 25, 2003 for up to one (1) year with the understanding he will provide a copy of his official orders issued by the Army Reserves Unit. The Commission recessed at 6:00 p.m. and reconvened at 6:05 p.m. Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was RESOLVED, That having reviewed the Livonia Police Lieutenants and Sergeants Association (LLSA) Grievance 2002-01, dated December 18, 2002, from Daniel Loftus, Senior Police Sergeant, regarding denial of dental reimbursement for service rendered in FY 2000-01, and submitted after January 1, 2003, and after having discussion with George Roumell, Attorney, Riley, Roumell and Connolly, the Civil Service Commission does hereby grant the request for dental reimbursement, based on extraordinary circumstances. AND BE IT FURTHER RESOLVED, That this grievance was approved on the basis of the individual merits of this case and should not be considered precedent setting. Lieutenant Todd Bredin, former President of the Livonia Police Lieutenants and Sergeants Association (LLSA), presented Grievance 2002-02 on behalf of the grievant, Sgt. Daniel Loftus. Briefly, Lt. Bredin stated that Sgt. Loftus purchased a dental insurance policy for himself and his family during FY 2001-02 (December 1, 2001 through November 30, 2002). The cost of the premium was $354.90. He submitted a timely request for reimbursement of that amount. His request was denied based upon the determination that the insurance plan was not an actual dental service. The Union's position is that the contract does not distinguish between dental services and expenses. Further, he argued that the Livonia Police Officer's Association (LPDA) arbitration over the Optical benefit plan allowed the purchase of optical insurance, in lieu of reimbursement for specific optical services. Sgt. Loftus testified that the language in the labor contract, Article 20.M.4., which states "an employee who has been or will be reimbursed for dental expenses by a dental plan other than the City plan or from some other source, will not be eligible to receive reimbursement from the City of Livonia," is not applicable. His dental insurance plan did not reimburse him; rather, it only paid the dentist for charges relating to his daughter's $10,000 to $12,000 orthodontic expenses. George Roumell, Jr., Labor Counsel for the City, presented the management response to the grievance. Briefly, he reported the contract language, as stated in the LLSA agreement, as well as all other City of Livonia employee labor contracts, has been in effect for over 25 years. The language stales that the City will provide a dental reimbursement program. Recent negotiations permitted up to five (5) years of annual benefit accumulation, but the request for a "dental insurance program" was rejected at the bargaining table. Mr. Roumell reviewed the LPDA arbitration regarding P.O. Kahn's request for reimbursement for optical insurance. The LPDA Union attorney's brief argued that the Optical and Dental programs were not the same and that the Dental reimbursement program only paid benefit after an employee received and paid for specific services. Therefore, he stated, to grant the LLSA grievance 2002-03 was Page 8 1185th Regular Meeting February 20, 2003 contrary to the language of the centrad, the practice for over years in the dental reimbursement program and the LPDA Optical plan arbitration. Lt. Bredin reiterated that the contract states reimbursement for expenses, not services. Commissioner Mahoney clarified expenses refers to dental services not the purchase of added insurance. Commissioner Campau stated the City has a long-standing past practice to reimburse for dental service provided and has not negotiated to change the practice. Commissioner Tatigian commended Sgt. Loftus for the intelligent decision to purchase insurance. He must, however, base his determination on how the centrad provision has been interpreted in the past since there is no clear cut language that says the employee is entitled to reimbursement for purchase of dental insurance. Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian and unanimously adopted, it was RESOLVED, That having reviewed the Livonia Police Lieutenants and Sergeants Association (LLSA) Grievance 2002-02, dated December 20, 2002, from Daniel Loftus, Senior Police Sergeant, regarding denial of reimbursement of dental insurance premium payments, and after having had discussion with Todd Bredin, Senior Police Lieutenant and past LLSA President; Sergeant Daniel Loftus; and George Roumell, Attorney, Riley, Roumell and Connolly; and the Civil Service Commission does hereby deny this grievance. Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was RESOLVED, That the Commission refers the Livonia Police Officers Association (LPOA) Grievance 0349, dated January 28, 2003, from Kenneth Hitchcock, Senior Police Officer, regarding denial of dental reimbursement, to the next regular Civil Service Commission meeting on March 20, 2003. Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was RESOLVED, That the meeting be adjourned at 6:40 p.m. Gretchen Guisberl, Secretary III Ronald E. Campau, Chairperson Page 9 1105th Regular Meeting February 20, 2003 Charlotte S. Mahoney, Commissioner Harry C. Tatigian, Commissioner