HomeMy WebLinkAbout1193rd CSC MEETING1193rd REGULAR MEETING OF THE
CIVIL SERVICE COMMISSION
The 1193rd Regular Meeting of the Civil Service Commission was held on
Thursday, October 16, 2003. The meeting was called to order at 5:30 P.M.
Members Present
Also Present
Alan W. Brandemihl, Jr., Fire Chief
Kenneth Grzembski, Chief Parks Steward,
AFSCME Union Local 192
Dennis La Forest, Fire Lieutenant
Cynthia Lane, Clerk I
Daniel Lee, Fire Engineer
John Orzech, Vice President, LFFU
Ronald E. Campau, Chairperson
Charlotte S. Mahoney
Harry C. Tatigian
Gary Scheske, Firefighter/Assistant Driver
Karen Szymula, Director of Legislative Affairs
Mary E. Rutan, Human Resources Director
Derrick L. Washington, Personnel Analyst II
David G. Beecher, Personnel Analyst II
Gretchen Guisbert, Secretary III
Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was
RESOLVED, That the minutes of the 1192nd Regular Meeting held Thursday,
September 18, 2003, be approved as submitted.
The Commission received and filed the Status of Temporary Employees Report for September
2003.
Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was
RESOLVED, That the Civil Service Commission does hereby approve the eligible
list for Police Dispatcher (855 o.c.).
The Commission received and fled the Non -Resident Report as of October 1, 2003.
Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian and unanimously adopted, it was
RESOLVED, That having reviewed the letter of September 30, 2003, from Walter
F. Krause, Water Foreman, as approved for submission by Robert J. Beckley,
Director of Public Works, 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. Krause be required to not
exceed thirty-five (35) eight (8) hour accrued vacation days as of December 31,
2003, 2004, and 2005, which will then permit the maximum accrual of fifty-eight
(58) eight (8) hour vacation leave days for payout purposes in anticipation of his
retirement date on or before September 25, 2006.
Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was
Paget 1193rd Regular Meeting IXSobr16, 2003
RESOLVED, That having reviewed the letter of September 22, 2003, from Karen
A. Szymula, Director of Legislative Affairs, as approved for submission by Jack
E. Kirksey, Mayor, 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 Ms. Szymula be required to not exceed
thirty-four (34) eight (8) hour accrued vacation days as of December 31, 2003,
2004, and 2005, which will then permit the maximum accrual of fifty-seven (57)
eight (8) hour vacation leave days, including up to six (6) bonus days for payout
purposes in anticipation of her retirement date on or before October 16, 2006.
Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian and unanimously adopted, it was
RESOLVED, That having reviewed the correspondence dated September 30,
2003, from Cynthia M. Lane, Clerk I, as approved for submission by Linda
McCann, Director of Community Resources, requesting six (6) additional paid
Family Sick leave days for 2003, the Civil Service Commission does hereby
approve six (6) additional eight (8) hour paid Family Sick leave days, beyond the
maximum eight (8) eight (8) hour paid Family Sick leave days allowed per
calendar year.
Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian and unanimously adopted, it was
RESOLVED, That the Civil Service Commission does hereby approve the
following schedule of meeting dates as amended, for 2004 at 5:30 p.m. in the
Fifth Floor Gallery of City Hall:
DAY DATE TIME
THURSDAY JANUARY 15, 2004 5:30 P.M.
THURSDAY FEBRUARY 19, 2004 5:30 P.M.
THURSDAY MARCH 18, 2004 5:30 P.M.
THURSDAY APRIL 15, 2004 5:30 P.M.
THURSDAY MAY 20, 2004 5:30 P.M.
THURSDAY JUNE 17, 2004 5:30 P.M.
THURSDAY JULY 15, 2004 5:30 P.M.
THURSDAY AUGUST 12, 2004 5:30 P.M.
THURSDAY SEPTEMBER 16, 2004 5:30 P.M.
THURSDAY OCTOBER 21, 2004 5:30 P.M.
THURSDAY NOVEMBER 18, 2004 5:30 P.M.
THURSDAY DECEMBER 2, 2004 5:30 P.M.
Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was
Page 1193rd Regular Meeting October 16, 2003
RESOLVED, That having reviewed the letter of October 9, 2003, from Mark S.
Taormina, Planning Director, requesting a promotional examination for Program
Supervisor 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
The examination is open only to employees of the City of Livonia, who, by the
closing dale of the announcement, are:
Employed in the Planning Department; and
Have regular status in the classification of Secretary III; and
Have a minimum of one (1) year full-time experience in the past five (5)
years in the Secretary III classification.
Interview -80% Departmental Rating -20`
'In the event there is only one qualified applicant for this position, the Parts of
Examination and Weights will be 100% Departmental Rating.
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
November 2003, Clerk 1 (842 o.c.), Clerk II (840 o.c.) and Clerk -Typist I (805-C
o.c.), the Civil Service Commission does hereby approve to extend the eligible
list for Clerk 1 (842 o.c.) and Clerk -Typist I (805-C o.c.) for an additional six (6)
months.
Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was
RESOLVED, That the Civil Service Commission does hereby approve the eligible
list for Clerk -Typist II (Non-competitive).
The Commission received and filed the following items:
State of Michigan Court of Appeals Decision and Opinion dated September 16,
2003, concerning Ronald Engle v City of Livonia, No. 240206.
Letter of October 1, 2003, from Gregory T. Schultz, Attorney, Riley Roumell &
Connolly, regarding the Livonia Fire Fighters Union Training Coordinator badge
grievance.
Council Resolution from the meeting of September 10, 2003 with minutes being
approved September 24, 2003:
Page 1193rd Regular Meeting OoloberiQ 2003
CR# 469-03 RESOLVED, that having considered the report and recommendation
of the Executive Director of the Housing Commission, dated August 11, 2003,
approved for submission by the Mayor, regarding proposed Hold Harmless
Contracts between the City of Livonia and John Farrar, Ed.D., Arbor Hills
Counseling, Horizon Treatment Center, Jacque Martin -Downs, MA/MSW,
Madonna University, Eastwood Clinics, Starfish Family Services, Quality Care
Counseling, Geriatric Case Management, Joanne Turshnuik, MSW and Hegira
Programs, for the period August 1, 2003 through July 31, 2004, the Council does
hereby authorize the Mayor and City Clerk, for and on behalf of the City of
Livonia, to execute the proposed Hold Harmless Contracts in the manner and
form herein submitted, as well as to do all other things necessary or incidental to
the full performance of this resolution.
Affirmative Action Report for September 2003.
Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was
RESOLVED, That having reviewed the letter received on October 15, 2003, from
Edward F. Nichols, Jr., Park Maintenance Worker III, as approved for submission
on October 16, 2003 by Robert J. Beckley, Director of Public Works, requesting
an unpaid medical leave of absence, the Civil Service Commission does hereby
approve an unpaid medical leave of absence for Mr. Nichols for approximately
thirty (30) days from October 7, 2003 to approximately November 7, 2003.
Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian and unanimously adopted, it was
RESOLVED, That having reviewed AFSCME Local Union Grievance #03-08,
dated September 3, 2003, from John Dauffenbach, Building Inspector, regarding
sick leave control, the Civil Service Commission does hereby refer this to the
next regular meeting of November 20, 2003, as requested by Management and
agreed to by the Union.
John Orzech, Vice -President, Livonia Fire Fighters Union (LFFU) presented LFFU Grievance
#747-03, dated June 10, 2003, from Daniel Lee, Fire Engineer, regarding denial of
bereavement leave for a close personal friend. Mr. Orzech presented this Grievance on behalf
of Mr. Lee who was absent due to a work conflict. Mr. Orzech stated that Mr. Lee had put in
for bereavement leave but was denied. Mr. Orzech continued by stating that this was not a
monetary grievance, but the Union's request for the LFFU contract language to be followed in
the future.
Fire Chief Alan Brandemihl responded that there was a timeliness issue to this grievance and
that there is a long-standing past practice to approve or deny bereavement leave based on
operating needs to keep equipment in service. Chief Brandemihl also expressed his regret that
these circumstances occurred, but as a result of the manpower shortage, the request had been
denied. Chief Brandemihl also stated that it was his responsibility and duty to make sure that
as much of the fire apparatus is as up and ready as possible to provide service. Chief
Brandemihl mentioned the related "Standard Operating Guide' (SOG) that stated an individual
will get time off for the death of a close friend. Chief Brandemihl continued that he was
sympathetic to the cause; however, he had a duty to keep the apparatus in service. Mr.
Page 5 1193rd Regular Meeting QYob r 16, 2003
Campau asked if that happened before. Chief Brandemihl responded, Nes, to me" in 1986,
when he personally traded a day to permit him to attend a funeral for his uncle who lived in the
household. John Orzech responded that the Union denounced the past practice. Mr. Campau
asked Mr. Orzech if the Union believed if unilaterally, the past practice went away by saying
so? Mr. Orzech responded that both parties did not have to agree as illustrated by the
unilateral change in granting salary step advancement to Fire Fighters with previous related
work experience.
Chief Brandemihl stated that he had detailed his case and due to the timeliness issue and the
long-standing practice, he asked that the grievance be denied. Chief Brandemihl replied that
there is a clause that applies to Personal Business and it spells out the details. Mr. Orzech
stated that he understood that in that clause, leave was not to be deducted. Mr. Orzech
continued by stating that this was the language they live by and it was unfair. Mr. Orzech also
stated that the Firefighters should not be penalized because of the manpower shortage. Mr.
Campau stated that contract language was clear "subject to the approval of the Department or
Division Head." Mr. Orzech responded that the language cited did not govern the
bereavement of a personal friend.
Mr. Tatigian reviewed the letter from Greg Schultz, raising the possibility that a Fire Fighter
who was injured or died in the line of duty might be a close personal friend of the entire Fire
Department. Mr. Orzech stated that they would take care of their own and if it came down to it,
they could call upon neighboring fire departments to assist and provide mutual aid. Mr.
Tatigian referenced Mr. Schultz's letter where it stated the two prior grievances requiring
department approval related to bereavement leave for a close personal friend had been
denied, and that issue had been resolved. Mr. Orzech passed out a work schedule of another
employee that had been granted bereavement leave for a friend. It illustrated that this leave
had been approved for others, why not for Mr. Lee?
Ms. Mahoney inquired if the manpower shortage was an issue on a certain day or if it was an
issue overall. Mr. Orzech stated that it was an issue on a daily basis as to whether of not they
kept trucks in service. Mr. Orzech continued by stating that they are being penalized at all
times. Ms. Mahoney asked if this leave time was being deducted from a sick bank. Mr.
Orzech stated that it was. Ms. Rutan clarified that it was not and that they are allowed up to
eight (8) hours per calendar year for bereavement of a close personal friend. Mr. Campau
stated the contract language provided if an employee had an immediate family member that
died, they would need the approval of the department or division head. Mr. Campau continued
that it doesn't make sense that a person would not also need authorization for the death of a
close personal friend.
Mr. Orzech again inquired about the schedule of October 1, 2003, whereby Battalion Chief
Carlton did have approval for eight (8) hours bereavement leave for a close personal friend.
Why, he asked, was Fire Fighter Lee treated differently? Chief Brandemihl stated that
technically, it is the Shift Commander who approves the schedule and then it is submitted to
him. Furthermore, the Battalion Chief does not ride a rig. Ms. Mahoney clarified that the
schedule still maintained the necessary manpower of 24 on duty. If the shift commander
wrongly gave himself permission, the Union could address through internal or departmental
charges. Mr. Tatigian stated that under the Civil Service Commission Rules, the language is
clear, but under the Livonia Fire Fighters Union contract, dated December 1, 2002 to
Page 6 1193rd Regular Meeting October 16, 2003
November 30, 2005, under Section 18, paragraph A., the language is not as clear. He staled it
didn't make sense, however, that an employee didn't need approval.
Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian and unanimously adopted, it was
RESOLVED, That having reviewed the Livonia Fire Fighters Union (LFFU)
Grievance # 747-03, dated June 10, 2003, from Daniel Lee, Fire Engineer,
regarding denial of bereavement leave for the death of a close personal friend,
and after having had discussion with Alan W. Brandemihl, Jr., Fire Chief; John
Orzech, Vice -President, LFFU; and Mary E. Rutan, Human Resources Director,
the Civil Service Commission does hereby deny this grievance based on the
specific contract language in Article 18.A., which states that the bereavement
leave is "subject to approval by the department or division head."
Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian and unanimously adopted, it was
RESOLVED, That the meeting be adjourned at 6:05 p.m.
Gretchen Guisbert, Secretary III
Ronald E. Campau, Chairperson
Charlotte S. Mahoney, Commissioner
Harry C. Tatigian, Commissioner