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HomeMy WebLinkAbout1194th CSC MEETING condensed version1194th REGULAR MEETING OF THE CIVIL SERVICE COMMISSION The 1190 Regular Meeting of the Civil Service Commission was held on Thursday, November 20, 2003. 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: Alex Bishop, Assistant Director of Building Inspection Alan Brandemihl, Fire Chief John Dauffenbach, Building Inspector Timothy Dawe, Equipment Operator III Jeff Golm, Equipment Operator II Ken Grzembski, Chief Parks Steward James Hinkle, Service Representative James Hirst, Equipment Operator III Bill Ivanac, Parks Steward, AFSCME Union Local 192 Peggy Jones, Account Clerk I James Kent Mildred Lee, Custodian Yvonne Lillibridge, President AFSCME Union Local 192 Victor Locke, Park Maintenance Worker I Ruth Love, Clerk -Typist 11 Mona Mason, Equipment Operator I Linda McCann, Director of Community Resources John Orzech, Vice -President, LFFU Roger Ponder, AFSCME Union Local 192 Custodial Steward Wanda Roberts, Clerk -Typist II Sharon Sabo, Account Clerk III Ruthann Saylor, Secretary, AFSCME Union Local 192 Gary Scheske, LFFU Steward Steve Schoonover, Equipment Operator I Norm Siira, Equipment Operator III Tom Stadler, Custodian Charlene Sludstill, Program Supervisor Cheryl Wallman, Chief Clerical Steward, AFSCME Union Local 192 David Wallman, Equipment Operator III Cathryn White, Chief Assistant City Attorney David Woodcox, Director of Inspection Karen Wyman, Clerk -Typist II Audrey Young, Equipment Operator II Dale Zavadovics, Custodian 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 Ms. Mahoney, seconded by Mr. Tatigian and unanimously adopted, it was RESOLVED, That the minutes of the 1193' Regular Meeting held Thursday, October 16, 2003, 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 Thursday, November 6, 2003, be approved as submitted. The Commission received and fled the Status of Temporary Employees Report for October 2003. Upon a motion by Mr. Tatigian, seconded by Ms. Mahaney and unanimously adopted, it was Page 2 1194th Regular Meeting November 20, 2003 RESOLVED, That having reviewed the letter received November 3, 2003, from Michael T. Slater, Director of Finance, regarding Internal Revenue Service (IRS) Section 457 (Deferred Compensation) regulation changes regarding use of accrued employee sick leave and vacation leave payouts to permit "catch up" tax deferred contributions prior to termination/retirement and request for an informal comparable community survey report, and that based upon the fact that the Finance Department has not submitted the requested report of survey findings, that a motion to reconsider the action previously taken, be approved with referral of this matter to the next regular meeting of the Civil Service Commission. AND BE IT FURTHER RESOLVED, That until such time as this matter is reconsidered at the next Civil Service Commission meeting that the process previously approved be continued. The Commission received and fled the Non -Resident Report as of November 1, 2003. Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian and unanimously adopted, it was RESOLVED, That having reviewed the letter of November 6, 2003, from Eileen Davis, Election Records Clerk, as approved for submission by Joan McCotter, City Clerk, 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. Davis 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 for payout purposes in anticipation of her retirement date on or before November 20, 2006. Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was RESOLVED, That having reviewed the correspondence dated November 12, 2003, from Marion Hansen, Program Supervisor, as approved for submission by David M. Woodcox, Director of Inspection, 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. Hanson 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 for payout purposes in anticipation of her retirement date on or before November 20, 2006. Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was Page 3 1194th Regular Meeting Nceemtaer 20, 2003 RESOLVED, That having reviewed the Departmental Correspondence of October 30, 2003, from Douglas R. McDonald, Battalion Chief, as approved for submission by Alan Brandemihl, Fire Chief, requesting three (3) additional paid Family Sick leave days for 2003, the Civil Service Commission does hereby approve three (3) additional twenty-four (24) hour paid Family Sick leave days, beyond the maximum four (4) twenty-four (24) 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 having reviewed the letter of October 22, 2003, from Nancy Bissell, Clerk -Typist II, as approved for submission by Peter Kunst, Police Chief, requesting an unpaid personal leave of absence, the Civil Service Commission does hereby approve Ms. Bissell's request for an unpaid personal leave of absence for sixty (60) days from October 25, 2003 to December 22, 2003. Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was RESOLVED, That having reviewed the letter of October 29, 2003, from Edward F. Nichols, Jr., Park Maintenance Worker III, as approved for submission by Robert J. Beckley, Director of Public Works, requesting an extension of an unpaid medical leave of absence, the Civil Service Commission does hereby approve Mr. Nichols' request for an extension of an unpaid medical leave of absence for an additional thirty (30) days from November 8, 2003 to approximately December 8, 2003. Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was RESOLVED, That having reviewed the letter of September 23, 2003, from Brian Wilson, Assistant Superintendent of Public Service, as approved for submission by Robert J. Beckley, Director of Public Works, requesting advancement of optical benefit, and based on the consultation with the Finance Department, the Civil Service Commission does hereby approve the request for advancement of optical benefit. Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was RESOLVED, That having reviewed the revised monthly Health Alliance Plan (HAP), Blue Care Network (BCN) and Blue Cross/Blue Shield health/hospitalization rates, the Civil Service Commission does hereby approve the revised rates to be effective December 1, 2003, for employees covered by the Livonia Fire Fighters Union (LFFU) Agreement. Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was RESOLVED, That having reviewed the letter of October 27, 2003, from Linda McCann, Director of Community Resources requesting approval of the revised Page 4 11940 Regular Meeting Novenber 20, 2003 grant classifications and pay rates for the fiscal year 2004, the Civil Service Commission does hereby approve the 3% rate increase for these grant classifications to be effective October 1, 2003, based upon the provision that the only benefit to be received is holiday pay after the completion of 480 hours and subject to sufficient funding and these positions shall terminate at such time funding is no longer available, and the Civil Service Commission submits same to City Council for consideration. Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian and unanimously adopted, it was RESOLVED, That having reviewed the memorandum of November 6, 2003, from Mary E. Rutan, Human Resources Director, requesting a promotional examination for Police Sergeant and the 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, at the closing dale of this examination, are employed in the Police Division of the Department of Public Safety; have regular status in the classification of Police Officer II; and have had at least five (5) years of experience in the classification of Police Officer prior to July 24, 1995 and/or five (5) years of combined experience in the classification of Police Officer and Police Officer II with the City of Livonia. Experience is counted through April 8, 2004. PARTS OF EXAMINATION AND WEIGHTS Written Test - 60% Interview - 15% Departmental Rating - 25% Candidates must pass the Written Test, Interview and Departmental Rating in order to be placed on the promotional eligible list. Upon a motion by Mr. Tatigian, seconded by Ms. Mahaney and unanimously adopted, it was RESOLVED, That having reviewed the memorandum of November 6, 2003, from Mary E. Rutan, Human Resources Director, requesting a promotional examination for Police Lieutenant and the 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, at the closing date of this examination, are employed in the Police Division of the Department of Public Safety as a Senior Sergeant or have regular status in the classification of Sergeant and, have had at least four (4) years of experience, Page 5 11940 Regular Meeting November 20, 2003 immediately preceding the closing date of the examination, as Sergeant in the City of Livonia. Experience is counted through April 8, 2004. Written Test - 50% Interview - 25% Departmental Rating - 25% Candidates must pass the Written Test, Interview and Departmental Rating in order to be placed on the promotional eligible list. Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian and unanimously adopted, it was RESOLVED, That having reviewed the letter of November 14, 2003, from David M. Woodcox, Director of Inspection, 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 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 Inspection Department; and 2. Have regular status in the classification of Senior Clerk; and 3. Have a minimum of three (3) years experience in the Inspection Department; and 4. Have a thorough knowledge of the building permit procedures, thorough knowledge of the BSSA program and installation of program, payroll experience. PARTS OF EXAMINATION AND WEIGHTS Interview -80% Departmental Rating -20%` 'In the event there is only one (1) qualified applicant for this position, the Parts of Examination and Weights will be 100% Departmental Rating. The Commission received and filed the expiring eligible list for the month of December 2003 - City Librarian (842 o.c.). 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 Program Supervisor (1178 p.). Page 6 11940 Regular Meeting November 20, 2003 Mr. Tatigian stated that before proceeding to AFSCME Union Local 192 Grievance #03-08, he wanted to acknowledge that Mr. Dauffenbach had done some independent work for him when he was employed as City Attorney for the City, for which he did compensate Mr. Dauffenbach. Mr. Tatigian stated this would not affect his decision, but wanted the City to know this and have it on record. Cathryn White, Chief Assistant City Attorney stated that the City had no objection and it was agreed that AFSCME Union Local 192 Grievance #03-08 would go forward. Cheryl Wallman, Chief Union Steward for AFSCME Union Local 192, commenced discussion of Grievance #03-08 stating that the Union concem was that it seems that when the Letter of Understanding for the sick leave control program was negotiated, it was not to look at attendance patterns and punish first. Rather, every six (6) months attendance was reviewed and if an excess of 48 hours sick leave was used by the end of that time, the employee is put on notice. This is the first incident of disparaging treatment and that's why so many people are here. When the letter was given, Mr. Dauffenbach was on target to receive the three (3) bonus vacation days for not using his sick bank. He was required to use his time to go to his own personal doctor and pay for the office visit. Mr. Campau inquired if the contract allows for inquiries if illness abuse is perceived. Ms. Wallman replied that it did and usually every six months that a query is run. If more than 48 hours have been used at the end of June, it is reviewed. The Building Department said they saw a pattern they didn't like, but the Union believes that it is beyond the scope of the policy to require a doctors notice if, the next 6 months, each time the employee calls in sick. If he continues after being notified, it will appear as a pattern, he will be reprimanded. Mr. Tatigian inquired if the term "punishment' meant the letter. Ms. Wallman clarified "punishment" being the requirement of a doctors note, with the threat of discipline if failed to provide. Mr. Campau responded that he wanted to clarify the actual sick leave use. Mr. Tatigian inquired about the letter from Mr. Woodcox, indicating that there were 4 hours approved taken off on February 27. Ms. Wallman said that the Program Supervisor said he didn't look too good and he went home. Mr. Tatigian stated that was approved and should not be a part of this grievance. Mr. Tatigian continued that there were four (4) other days listed; February 28, 2003, May 2, 2003, June 9, 2003 and August 18, 2003 and inquired if any other days had been taken since then. Mr. Woodcox reiterated, it was a pattern of Fridays and Mondays that was a concern. Ms. Mahoney inquired about call in reports. Mr. Woodcox clarified under the Letter of Understanding, it talks about abuse or "capricious" use of sick leave indicating frequent use of Mondays or Fridays. Ms. Mahoney clarified that the issue that prompted the letter, rather than the total hours, was the pattern of use over weekends. Mr. Woodcox confirmed that was a concern of management. Mr. Campau inquired if for every sickness in this case required some kind of medical documentation, even if Mr. Dauffenbach gets a case of the 24-hour Flu or a head cold. Mr. Woodcox replied that once there is a pattern established, there needed to be some action on management's part to make sure that it's not an abuse of sick leave. Mr. Woodcox replied that he never took any disciplinary action, he just asked Mr. Dauffenbach to provide documentation. Mr. Campau clarified if the letter would be retained in Mr. Dauffenbach's file? Ms. White, Chief Assistant City Attorney spoke on behalf of Management. She clarified that the letter to Mr. Dauffenbach took into consideration several provisions on excessive use. Ms. Mahoney stated that there were two issues. One is to clarify if the intent of contract was to withhold action until someone is off sick more than 96 hours per year or 48 hours in a calendar six month period, or should case by case evaluation be required so that if someone is off 52 Page 7 1194th Regular Meeting Nowmber 20, 2003 hours in the first six months, one might look at it and validate the use was reasonable because that employee had major surgery. The other point is the Letter of Understanding that suggests that there are absences that appear to have patterns to them, like a Friday -Saturday or a Monday -Tuesday. The Letter of Understanding doesn't state a number of hours have to be used before looking at patterns. Ms. White stated that it defines abuse by example, as "frequent use of sick leave days on Monday -Fridays, or in conjunction with other days off." This does not have to meet the threshold of 48 hours or 96 hours, using an average day per month. Mr. Woodcox clarified that in Mr. Dauffenbach's case, 70% of his sick time was used on Monday or Friday. Mr. Tatigian concluded that since August, Mr. Dauffenbach improved his attendance where he is no longer taking sick time and further that Mr. Dauffenbach clarified his reasons for sick leave of absence. Mr. Tatigian inquired if what the Union was really concerned about was the letter issue? Ms. Wallman clarified that it was the second page of the letter and the letter itself that expires by it's own language as of February 20. Mr. Tatigian asked if the City would object to moving the date of February 20 up to November 20. Mr. Tatigian clarified that the letter was not a disciplinary letter; rather it was an attendance review letter. Ms. Lillibridge stated that disciplinary letters, by contract, are pulled out of the employee's file. Ms. Lillibridge continued that this letter, however, would be in the personnel file forever. Hence, if Mr. Dauffenbach takes a Monday or Friday off for the rest of his career with the City, this letter would be referred to and it would appear that there was a pattern established. It is felt that this is an undue penalty or punishment. Ms. White stated if this Monday and Friday use of sick time repeats itself, which the City contends it has here, the parties negotiated that is defined as "abuse,' and Management has a responsibility to control that. Ms. White continued that the City doesn't feel this employee has been punished; rather, that Management is trying to control a situation before it becomes a problem. Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was RESOLVED, That after reviewing AFSCME Local Union 192 Grievance #03-08, dated September 3, 2003, from John Dauffenbach, Building Inspector, regarding sick leave, and after having had discussion with John Dauffenbach, Building Inspector; David Woodcox, Director of Inspection; Cathryn White, Chief Assistant City Attorney; Mary Rutan, Human Resources Director; Cheryl Wallman, Chief Clerical Steward, AFSCME Union Local 192; Ken Grzembski, Chief Parks Steward; Yvonne Lillibridge, President, AFSCME Union Local 192; the Civil Service Commission does hereby approve that the date as set forth in the August 20, 2003 letter from David Woodcox, Director of Inspection, be revised from February 20, 2004 to November 20, 2003, and that this letter be removed from his file. The Commission took a break at 6:30 p.m. The Commission reconvened at 6:35 p.m. James Kent was present regarding the adjustment of his retirement service credit and reduced pension benefit in comparison to the estimate issued. Mr. Kent felt that if he had been given the correct information concerning the adjustment for unpaid leave of absence prior to his retirement, he would have continued working. Mary Rutan summarized that Mr. Kent was Page 8 11940 Regular Meeting November 20, 2003 employed by the City of Livonia from September 7, 1971 to February 7, 1986 when he voluntarily terminated. He requested reinstatement and was reemployed on January 4, 1988 to May 20, 2003. His seniority credit had been adjusted to take into consideration only that period of absence from his original employment in the preliminary estimate given to Mr. Kent for retirement consideration. Ms. Rutan emphasized the term "estimate" because the form clearly stated that. When Mr. Kent made application for retirement and the information was processed to the actuary for calculation of final benefit, it was determined that Mr. Kent, in fad, did have a leave of absence that was unpaid during his first period of employment in 1971 through 1986. Payroll confirmed that he was not paid during that period of time. Therefore, he made no contribution to the pension system and the City made no contribution on his behalf. The retirement ordinance requires if there has been an error or an omission, Mr. Kent's pension would have been recalculated if he had not contributed to the system during the period in question. In this case, the City was able to catch it before his final benefit was determined and he was paid the cored benefit. Ms. Mahoney confirmed when an employee requests an estimate, when they make the final determination that they are going to retire, a recalculation is done. Ms. Rutan responded affirmatively and stated that the amount of benefit is based on several factors and one of them is average final compensation. That amount cannot be calculated until the person has actually terminated. Various adjustments to contributions and years of service are calculated going back from that date. It is then that financial information is sent to the actuary and a final audit of the personnel file is conducted. Ms. Rutan reiterated that during an approved leave of absence without pay; the employee has not contributed to the pension system. Payroll is asked to confirm from the actual attendance records if the information is correct. Then the amount of unpaid time is subtracted from their continuous service with the City. This information is forwarded to the actuary for final calculation of benefit. Ms. Mahoney asked Mr. Kent when he had his estimate, had he assumed that to be the absolute correct information? Mr. Kent replied, "no, not at all." Mr. Kent further stated it does not say anywhere on this forth that the service time quoted was an estimate. Ms. Rutan informed the Commission that the notice that Mr. Kent should have received accompanying the estimated figures which the Commission has copies of, clearly states in its very title, Employee Request for Estimated Pension Figures and it's from these estimates that his initial benefit was paid. Mr. Campau clarified that in his case it was such that he had an unpaid leave of absence, during that period of time he didn't pay into the retirement system, nor did the City. Mr. Campau continued that Mr. Kent's request was for the City to give him relief, no matter whose fault it was, when money was never paid into the system. Mr. Kent stated that based on the information he was told, he did in fact, go ahead and retire and he feels he has no recourse. Ms. Mahoney stated she retired early and understood that they gave an estimate and upon the completion of the estimate a person may be surprised what the actual amount is, however, she stated she knew how many years she had in the company. Ms. Mahoney inquired if Mr. Kent forgot that he had a leave of absence. Mr. Kent replied that this occurred around 1976 and that he didn't think about it. It was his assumption because his time had been adjusted previously when they were offered the DC pension plan option in 1997. Ms. Mahoney reiterated that Mr. Kent had to know he didn't work for the period of time in question, physically was not paid for it and was not on the payroll. Ms. Mahoney further stated it was the responsibility of the employee to know how many years they had worked. Mr. Campau inquired if this was a matter for the Retirement Board's review? Ms. Rutan replied, "No," the Page 9 11940 Regular Meeting November 20, 2003 Civil Service Commission, pursuant to the ordinance, makes a determination concerning retirement service credit membership. The Board of Trustees, however, as a fiduciary to the pension system, would question an award of credit when people have not met the membership definition or paid into the system. No" Siira, Equipment Operator III, stated that employees get a yearly statement of their contributions and their time remaining until retirement age, and they have to base their retirement plans on what Civil Service reports. Mr. Campau stated that there are few cases where a problem exists with some information, but if a mistake is made, the mistake is corrected with the employee. Mr. Campau advised that the employee needs to check to make sure that all the information is accurate. Ms. Mahoney inquired if the IRS required that the employee be informed of the pension value. Ms. Rutan confirmed the Ordinance requires annual notice of service and interest. Ms. Rutan continued that in 1997 when the City of Livonia and AFSCME Local 192 established the Defined Contribution Plan, employees were given a statement of what best calculations were. Ms. Rutan further stated that the Civil Service Department is not the repository or custodian of original attendance or payroll records and the only documentation that Civil Service has to file is when an employee has requested and been granted an unpaid leave. If an error is discovered, Civil Service staff must take he necessary steps, which was done, and ask Payroll to confrn it. Once confirmed, it must be adjusted for the actuary to take it into consideration. If it's discovered, as Mr. Campau indicated post-retirement, the Board of Trustees, by Ordinance, has an errors and omission clause. This requires the Board, under their fiduciary responsibility, to seek repayment. Therefore, every attempt is made to avoid that so the final audit has been implemented to go through the personnel file page by page and verify all leaves without pay have been recorded. Mr. Tatigian concluded there was a period of an unpaid leave of absence. Mr. Tatigian inquired why Mr. Kent took time off. Mr. Kent stated the purpose of the unpaid leave was for personal business. He further stated he did not initially remember taking that time off. He didn't want to take something from the City that he hadn't earned. Mr. Kent continued that to tell employees that the retirement estimate information may or may not be accurate after the individual has retired, was poor, and he had no reason to leave at that time. Ms. Rutan stated that while Civil Service prepared the estimate computations, they are not the custodian of employee attendance records or time cards. Ms. Rutan continued that in this case, they did find unpaid leave of absence documentation and sent it back to Payroll to validate the unpaid leave time. Mr. Tatigian stated that the fact of the matter is Mr. Kent didn't work for the period of unpaid leave of absence and he didn't contribute to the pension system and the City didn't contribute. The pension system belongs to all retirees and employees of the City of Livonia. He further stated the Civil Service Commission doesn't have the right to give away the money of the pension system. Mr. Tatigian also stated it clearly does impact all the other people that belong to that retirement system. Mr. Campau staled the Civil Service staff does the best they can to check all the records accurately, and in Mr. Kent's case, the Commission cannot give membership credit because he didn't contribute, and the Commission doesn't have the authority to do. Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian and unanimously adopted, it was RESOLVED, That having reviewed the memorandum of October 17, 2003, from Charlene Studstill, Program Supervisor, regarding a request for recalculation of retirement service credit and pension benefit for James F. Kent, and having had Page 10 1194th Regular Meeting November 20, 2003 discussion with James Kent; No" Siira, Equipment Operator III; and Mary E. Rutan, Human Resources Director; the Civil Service Commission does hereby deny the request for a recalculation of retirement service credit and pension benefit, based on the fact that Mr. Kent did not contribute to the retirement system during his period of unpaid leave of absence. John Orzech, Vice -President, Livonia Fire Fighters Union (LFFU), commenced discussion of LFFU Grievance #742-03. He stated that Donald Donnelley, Fire Prevention Inspector, was not able to be present tonight and that on May 28, 2003, he was ordered to reimburse the City $1,176.00 for failing to obtain a paramedic license. Mr. Orzech referenced contract language in Section 47, paragraph F (2) which is not applicable to the issue at hand. Mr. Orzech assumed the contract language that the Chief had relied on was referenced in that article two (2) contracts ago. Mr. Orzech summarized that Don Donnelley graduated from his class May 2001 and in the State of Michigan you have one (1) year to complete testing for your paramedic license. Mr. Orzech continued that Mr. Donnelley received his letter in May 2003 to reimburse the City for the class, which by then was too late to even retake the test. Mr. Orzech stated that according to Don Donnelley, he let the administration know that since he was going to remain in the Fire Prevention Division, he would not need this license. There was no immediate action taken by the administration. The language referenced no longer exists in the cunent contract. Mr. Orzech stated that in Attorney Greg Schultz's labor management response, he even stated that the union should be well aware that the provisions that Chief Brandemihl was relying on was a former Section 47, subparagraph F (2). Mr. Orzech continued that Inspector Donnelley, at this time, does not possess a paramedic's license, and has no use for a paramedic's license. Mr. Orzech further stated that Inspector Donnelley did follow the order, when Chief Brandemihl ordered him to pay the money and now seeks restitution. Mr. Campau inquired if there was a statute of limitations in the contract. Chief Brandemihl stated that it was in the previous contract that Don Donnelly took the Paramedic class. Further, the City of Livonia entered into a Letter of Understanding with Livonia Fire Fighter's Union outlining the repayment responsibility, however, he cannot locate this document. Chief Brandemihl stated he was assuming several different positions at that time because of the absence of then Chief Ron Engle as Training Coordinator. It would have been his duty to get the firefighters through the paramedic class and testing process. Chief Brandemihl commented that other commitments prevented him from following through on this matter. Chief Brandemihl agreed with Mr. Orzech that there was a timeliness aspect. Chief Brandemihl continued that he asked Don Donnelly to give him a plan on repayment and he chose to write a check out for the full amount. Chief Brandemihl stated he did have some responsibility to make sure he completed the examination process and this would have been a moot point. Chief Brandemihl concurred that there is a savings to the City in that Mr. Donnelly is not paid a paramedic bonus, but contended that every individual, whether in fire prevention or administration, may respond to emergency medical situations. Chief Brandemihl affirmed that Don would be one of the first ones to stop and help out anybody. He responds as a member of the team and it is regretful that he did not complete the paramedic class. Mr. Campau inquired where on May 28, 2003, was the contractual language to permit him to ask for this repayment? Chief Brandemihl stated that the contract that was in effect at that time did not contain that language. Chief Brandemihl continued that the language that he was working with was the contract language which was in effect when he attended the paramedic school. Page 11 1194th Regular Meeting Novenber 20, 2003 Mr. Campau inquired if Chief knew that the contract had expired. Chief Brandemihl staled that the language should have been applicable at any time. Mr. Campau responded that the Chief took an action based upon previous contract and he is not allowed to do that. Mr. Campau inquired if the reason why Don Donnelly couldn't finish the class procedure was because of taking a new job in the Fire Marshal Division? Chief Brandemihl replied not that he was aware of. Mr. Campau inquired if the class was held at night? Chief Brandemihl stated no; they were held during the day. Mr. Campau clarified that the new job that he had to take was a day job and if he got the new job, he wasn't able to go to class. Chief Brandemihl responded that Fire Administration was excusing anybody that was working during the day to go to those classes. Mr. Campau inquired if taking a new job had anything to do with Mr. Donnelly not finishing the course. Chief Brandemihl responded that Mr. Donnelly would argue that it did, because he didn't want to lose any time while he was on probation which could have had a detrimental affect to his success of his probationary period. Ms. Mahoney clarified that the reason Chief Brandemihl went back to the contract language in April 1999, was because the action to which he was making reference occurred when that contract was in place. Mr. Campau responded that it doesn't matter. That contract was expired. Chief Brandemihl stated he didn't want to set a precedent and treat Mr. Donnelly any different than others had been treated under the same training policies. Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was RESOLVED, That having reviewed the Livonia Fire Fighters Union (LFFU) Grievance #742-03, dated July 15, 2003, from Donald Donnelley, Fire Prevention Inspector, requesting reimbursement for re -payment of the fee paid for a paramedic class, and having had discussion with John Orzech, Vice -President, LFFU, and Fire Chief Alan Brandemihl, the Civil Service Commission does hereby grant this grievance and directs that a refund of $1,176 be issued to Fire Inspector Donald Donnelley. The Commission received and filed the following items: a. Council Resolutions from the meeting of October 22, 2003, with minutes being approved Novembers, 2003: CR# 545-03 Approving the proposed schedule of City Council Study and Regular Meetings for the period January 1, 2004, through December 31, 2004. CR# 546-03 Determining and adopting the annual budget, as amended, for the fiscal year commencing December 1, 2003, and ending November 30, 2004. b. Notice received on November 10, 2003, regarding a retirement party for Gail Karczynski, Director of Administrative Services. C. Letter of October 22, 2003, from Ruthann Saylor, Secretary, AFSCME Union Local 192, transmitting the names of elected AFSCME Local 192 officers and letters of congratulations from Mary E. Rutan, Human Resources Director. d. Affirmative Action Report for October 2003. Page 12 1194th Regular Meeting Novenber 20, 2003 Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian and unanimously adopted, it was RESOLVED, That the meeting be adjourned at 7:15 p.m. Gretchen Guisbert, Secretary III Ronald E. Campau, Chairperson Charlotte S. Mahoney, Commissioner Harry C. Tatigian, Commissioner