HomeMy WebLinkAbout1201st CSC MEETING1201st REGULAR MEETING OF THE
CIVIL SERVICE COMMISSION
The 1201st Regular Meeting of the Civil Service Commission was held on Wednesday,
June 16, 2004. The meeting was called to order at 5:30 p.m.
Members Present: Charlotte S. Mahoney, Chairperson
Harry C. Tatigian
Ronald E. Campau
Also Present:
Richard Bowers, Water Meter Repairer III
Alan W. Brandemihl, Jr., Fire Chief
Cathy Bumgarner, Clerk I
John Dauffenbach, Union Steward,
AFSCME Union Local 192
Ken Grzen i, Chief Parks Steward,
AFSCME Union Local 192
William Ivanac, Union Steward, AFSCME
Union Local 192
Kelly Kamm, Spouse of Phillip Kamm
Phillip Kamm, Firefighter
Michael Kelly, President, Livonia Fire
Fighters Union (LFFU)
Barbara Kurzeja
Cynthia Lane, Clerk I
Yvonne Lillibndge, President, AFSCME Union
Local 192
Christopher Martin
Lynette Meeks, Clerk I
Sharon Sabo, Account Clerk III
Robert Schron, City Engineer
Debra Seeman, Account Clerk II
Susan Semposki, Account Clerk I
Norm Siira, Equipment Operator III
Elizabeth Stone, Tax Account Clerk
Cheryl Wallman, Chief Clerical Steward,
AFSCME Union Local 192
Bruce Whitcombe, Engineering Assistant II
Mary E. Rutan, Human Resources Director
Derrick L. Washington, Personnel Analyst II
Gretchen Guisbert, Secretary III
Upon a motion by Mr. Campau, seconded by Mr. Tatigian and unanimously adopted, it was
RESOLVED, that the revised minutes of the 1199'^ Regular Meeting held
Wednesday, April 7, 2004, be approved as submitted.
RESOLVED, That the minutes of the 1200th Regular Meeting held Thursday,
May 20, 2004, be approved as submitted.
The Commission received and fled the Status of Temporary Employees Report for May 2004.
Upon a mofion by Mr. Tatigian, seconded by Mr. Campau and unanimously adopted, it was
RESOLVED, That having reviewed the Departmental Correspondence of
May 11, 2004, from Robert Jennison, Firefighter, as approved for submission by Alan
W. Brandemihl, Jr., Fire Chief, requesting three (3) additional paid Family Sick leave
days, and having had discussion with Mary E. Rutan, Human Resources Director, 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.
Page t 1201st Regular Meeting June 16, 2004
Mary E. Rutan, Human Resources Director commenced discussion regarding the proposed
revision to RULE 16 — CERTIFICATION, APPOINTMENT AND REINSTATEMENT, Section 16.4
Character of Appointments, regarding casual appointment and the "at will" related agreement.
The proposed agreement is to be signed by all employees in non -career (seasonal, temporary or
casual) positions. A copy of the revised rule and draft agreement was sent to Ms. Lillibridge,
President, AFSCME Union Local 192. Ms. Lillibridge stated that some of the Union members
were still having difficulty with this language. Their concern is that some of the permanent part-
time custodial employees working in the Parks and Recreation department wondered if this would
involve them. While AFSCME Union Local 192 members stated they were assured that it would
not affect them, there is a feeling that in the future this may affect some of their membership. The
Union would like to see exactly which classifications would be affected. Ms. Lillibridge continued
that with the hiring freeze going on there are some people that are concerned how this change
may affect their bargaining unit.
Ken Grzembski, Parks Division, stated he originally thought this was something just for the
Recreation Department and the AFSCME 192 members are leery of expanding this to all
temporary, seasonal or non -career positions. Mr. Grzembski added he would like the draft to be
more specific with regard to the specific classifications to be governed by the proposed
agreement.
Mr. Tatigian restated that Ms. Rutan indicated this was applicable to non -career positions. Ms.
Rutan clarified that it was initially recommended that this agreement cover Parks and Recreation
Community Center employees whose service would exceed the six (6) or nine (9) month seasonal
or temporary character of appointment. The at -will concept would also apply to Seasonal
Laborers, or any temporary employees such as Library Page or Student Page, Crossing Guards
and a variety of classifications that are all determined to be casual or temporary in nature. Mr.
Tatigian clarified that this was not intended to be applicable to the Custodians that Ms. Lillibridge
and Mr. Grzembski were referring to. Ms. Rutan stated that if the Commission directed, the
language under section "(g)" could be specifically amended to itemize a list of all the applicable
non -career classifications. Ms. Lillibridge and Mr. Grzembski responded that it would help.
Ms. Mahoney and Mr. Tatigian discussed deferring this item for a month until such time the Civil
Service Department could meet with the Union to decide upon mutually agreeable language. Ms.
Mahoney expressed concern over the word "career' as being vague. Ms. Rutan clarified that the
distinction wasn't that of time served, however, when a classification is established, the
Commission makes a recommendation whether or not it will be regular or permanently filled and
assigns to it a salary as well as full benefits. The positions that are casual, temporary or seasonal,
are positions that do not afford benefits.
Mr. Campau asked for clarification of Section 16.4 Character of Appointments, paragraph (e). Ms.
Rutan explained that with regard to the second sentence, while the Commission can designate
that a competitive test for such temporary positions be given, this competitive practice has not
been followed in recent years with consideration given based upon time and date of application.
Mr. Campau explained that these type of positions fall under the aegis of the Civil Service
Commission Rules and Regulations; however, they can be terminated without cause. Ms. Rutan
added that the Rules do permit seasonal or temporary employees to bring forth concems to the
Commission. Mr. Tatigian stated that these employees do not have the status of a regular or
permanent employee who has the right to grieve and appeal to the Commission a discharge or
Page 3 1201 s1 Regular Meeting June 16, 2004
termination. Mr. Campau inquired if they have any protections from the Commission. Ms. Rutan
reaffirmed that they could always appeal to the Commission if they feel the rationale for
termination was unfair or discriminatory. Ms. Mahoney inquired if something was missing in the
paragraph (e). Ms. Mahoney recommended removing "however" in the sentence that reads "Such
persons have not been examined nor placed on an eligible list subject, however, to prior approval
of the Commission" Ms. Rutan explained that this is similar to existing language under
"Temporary Appointments." Ms. Mahoney stated that this language should be carefully reviewed
for meaning by the Civil Service Department and the Unions. Ms. Lillibridge inquired if, after
signing this agreement, an employee was terminated, there was any recourse to come to
Commission. Mr. Tatigian reiterated that these employees do not have the same rights as a
permanent employee.
North Siira, Equipment Operator III, Roads Division, stated that one of the Seasonal Laborer
employees had taken the test for a permanent position and had issues regarding joining the Union
and how this casual employment agreement is broad in interpretation and could be used against
the employee by a foreman in their department. Mr. Tatigian stated that at the last meeting the
Commission was shown copies of similar casual or at -will employment rules that are in effect in
other communities, such as Dearborn, Southfield and Canton. Mr. Tatigian continued that he was
sure that the City of Livonia could come up with language that is fair and equitable to similarly
employed individuals.
Upon a motion by Mr. Tatigian, seconded by Mr. Campau and unanimously adopted, it was
RESOLVED, That having reviewed the proposed revision to RULE 16 —
CERTIFICATION, APPOINTMENT AND REINSTATEMENT, Section 16.4 Character
of Appointments, regarding "casual appointment" and the "at will' related agreement,
the Civil Service Commission does hereby refer this to the next meeting to permit the
language under Section 16.4 (g) to be clarified by the Civil Service Department with
AFSCME Union Local 192 members.
The Commission received and fled the Non -Resident Report as of June 1, 2004.
Upon a motion by Mr. Campau, seconded by Mr. Tatigian and unanimously adopted, it was
RESOLVED, That having reviewed the request for review and approval of the
agreement negotiated between the City of Livonia and the Livonia Lieutenants and
Sergeants Association, the Civil Service Commission does hereby approve said
contract for the period December 1, 2003 through November 30, 2006, to be
submitted to City Council for their review and consideration.
Upon a motion by Mr. Campau, seconded by Mr. Tatigian and unanimously adopted, it was
RESOLVED, That having reviewed the letter of June 8, 2004, from Barbara Kurzeja,
requesting reinstatement as Clerk -Typist I with the City of Livonia, the Civil Service
Commission does hereby approve Ms. Kurzeja's request for reinstatement to the
classification of Clerk -Typist I, subject to, however, when the hiring freeze is
rescinded for regular or permanent positions. At such time her name will then be
Page 4 1201st Regular Meeting June 16, 2004
submitted to an Appointing Authority along with the top three (3) names on the
eligible list for Clerk Typist I employment consideration.
AND BE IT FURTHER RESOLVED, Her reinstatement shall be subject to passing the
pre-employment medical examination conducted by the City Physician and
satisfactory completion of the appropriate six (6) month probationary period.
Upon a motion by Mr. Campau, seconded by Mr. Tatigian and unanimously adopted, it was
RESOLVED, That having reviewed the letter of June 1, 2004, from Robert J.
Beckley, Director of Public Works, and Brian Wilson, Assistant Superintendent of
Public Service, requesting a promotional examination for Equipment Mechanic 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
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 Equipment Mechanic I with at least two (2) years of
experience in that classification; and
3. Possess and maintain a valid group "A" Commercial Drivers license with Air
Brake "N" Endorsement, and must have or be eligible for, a valid Industrial
Truck Driving Permit for operation of a forklift and must maintain a State of
Michigan Motor Vehicle Mechanic Certificate. An employee in this
classification is subject to all requirements of the Federal Omnibus
Transportation Employee Testing Act of 1991, as amended.
PARTS OF EXAMINATION AND WEIGHTS
Written Test -80% Departmental Rating -20%
Candidates must pass the Written Test in order to be placed on the eligible list.
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 in the process.
Upon a motion by Mr. Campau, seconded by Mr. Tatigian and unanimously adopted, it was
RESOLVED, That having reviewed the letter of June 10, 2004, from Ronald Haskill,
Custodian (PPT), as approved for submission 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.
Page s 1201st Regular Meeting June 16, 2004
Haskill from June 2, 2004 to approximately July 14, 2004 pursuant to Civil Service
Commission RULE 25, Section 25.5 Leave of Absence'
AND BE IT FURTHER RESOLVED, That should Mr. Haskill's physician medically
release him to return to work prior to that date, he will report to his supervisor to
coordinate a return to work examination with the City Physician.
Upon a motion by Mr. Campau, seconded by Mr. Tatigian and unanimously adopted, it was
RESOLVED, That having reviewed the letter of June 12, 2004, from Maureen
Gordon, Clerk -Typist II, as approved for submission by Kathleen Monroe, City
Librarian, requesting an unpaid medical leave of absence, the Civil Service
Commission does hereby approve an unpaid medical leave of absence for Ms.
Gordon from June 7, 2004 to approximately July 9, 2004 pursuant to Civil Service
Commission RULE 25, Section 25.5 Leave of Absence; with the understanding she
may be allowed preauthorized vacation leave from July 2, 2004 through July 19,
2004.
AND BE IT FURTHER RESOLVED, That should Ms. Gordon's physician medically
release her to return to work prior to that date, she will report to her supervisor to
coordinate a return to work examination with the City Physician.
There were no reported expiring eligible lists for July 2004.
The Commission received and filed the following items:
a. Council Resolution from the meeting of May 19, 2004, with minutes being approved
June 2, 2004:
CR# 207-04 Approving the reappointment of Marvin Walkon, Commercial Property
Development Co., 30445 Northwestern Highway, Suite 320, Farmington Hills,
Michigan 48334, to the Livonia Plymouth Road Development Authority as a business
interest or owner for a four-year term expiring May 16, 2008.
CR# 208-04 Approving the reappointment of Dennis Kujawa, Bank One, Michigan,
28660 Northwestern Highway, Southfield, Michigan 48034, to the Livonia Plymouth
Road Development Authority as a business interest or owner for a four-year term
expiring May 16, 2008.
Council Resolution from the meeting of June 2, 2004, with minutes being approved
June 19, 2004:
CR# 232-04 Approving the reappointment of Richard W. McDowell, 19538 Norwich,
Livonia, Michigan 48152, to the Board of Ethics for a three year term, which will expire
on March 1, 2007.
Page 6 1201st Regular Meeting June 16, 2004
CR# 233-04 Approving the reappointment of C. Daniel Piercecchi, 16146 Alpine,
Livonia, Michigan 48154, to the City Planning Commission for a three year term, which
will expire on June 9, 2006.
CR# 234-04 Approving the reappointment of Robert Alanskas, 36218 Barkley,
Livonia, Michigan 48154, to the City Planning Commission for a three year term, which
will expire on June 9, 2007.
CR# 235-04 Approving the reappointment of John Walsh, 35041 Pembroke, Livonia,
Michigan 48152, to the City Planning Commission for a three year term, which will
expire on June 9, 2007.
CR# 260-04 Approving the reappointment of James R. McCann, 15722 Golfview,
Livonia, Michigan 48154, to the Board of Ethics for a three year term, which will expire
on March 1. 2007.
C. Letter of June 10, 2004, from Mary E. Rutan, Human Resources Director, and Derrick
L. Washington, Personnel Analyst II, regarding Removal from Eligible List for
Recreation Supervisor -Marketing Coordinator (859 o.c.).
d. Letter of June 8, 2004, from Valda Vandersloot, City Clerk, concerning termination of
federal Family Medical Leave Act (FMLA) leave of absence regarding Elsie Graham,
Clerk I.
e. International Public Management Association for Human Resources (IPMA) Regional
Award for Best Practices regarding City Emergency Response Manual and Related
Program Activities.
f. Affirmative Action Report for May 2004.
Upon a motion by Mr. Campau, seconded by Mr. Tatigian and unanimously adopted, it was
RESOLVED, That the Civil Service Commission does hereby approve the eligible list
for Program Supervisor (1188 p.).
Discussion commenced regarding Livonia Fire Fighters Union (LFFU) Grievance #240-01, dated
February 25, 2004, from Phillip D. Kamm, Firefighter, regarding tuition reimbursement. Mike
Kelly, President, LFFU, stated that Mr. Kamm, in compliance with the LFFU contract, submitted
requests through the chain of command, through the Training Coordinator and through the Fire
Chief, for educational reimbursement for classes that he took and successfully completed and has
been reimbursed for these classes. This coursework and reimbursement has occurred over the
last three (3) years. The Chief, however, has recently said he doesn't want the City to pay for
these classes and also that he wants the City to be reimbursed for classes that he has taken the
past semester. The Union's position is that Mr. Kamm has complied with the contract
requirements through a request of the Department Head, to go to the classes. The Chief
reviewed these documents and the classes and signed off on them. Mr. Kamm took the classes,
passed the classes, received satisfactory grades, and has been reimbursed. He has complied
with the contract and the Chief followed the contract authorizing his reimbursement money over
Page] 1201 st Regular Meeting June 16, 2004
the last three (3) years. There is no contract language that allows the City to come back and ask
that the reimbursement money be refunded after the Chief approved it.
Mr. Tatigian reviewed the letter dated February 25, 2004, which identified that Fire Fighter Kamm
did make a proposal for reimbursement. Mr. Kamm stated he disagreed with the repayment plan,
however, submitted the letter to avoid being insubordinate and fled his grievance accordingly.
Ms. Mahoney inquired if he had begun to repay any of the money. Mr. Kamm replied that he has
not heard back from the City.
Chief Brandemihl stated that in 2000 Mr. Kamm had applied for tuition reimbursement for classes
involving a Master's Degree in Public Administration conducted at Eastern Michigan University.
This request was denied because it was not specifically Fire Science or EMS related as required
by contract. His corresponding grievance went through the grievance procedure to Labor
Management. Attorney George Roumell drafted a labor management response, a copy of which
was forwarded directly to the Fire Fighter Union. Chief Brandemihl stated that he and Mr. Roumell
conceded only to accept that portion of the Master's in Public Administration curriculum that was
directly related to the Public Safety Staff and Command program. Chief Brandemihl assumed that
when Mr. Kamm submitted his request, the courses were part of the approved Staff and
Command school. Chief Brandemihl continued that the error was caught shortly after payment
was made and was due to a clerical error. He also stated that if a mistake was made due to a
clerical error, the City may, by law, go back and collect the money by payroll deduction. Chief
Brandemihl stated Mr. Kamm clearly understood he would not be compensated for the graduate
level classes which were not directly related to the Staff and Command program.
Mr. Campau inquired if Mr. Kamm was informed that he would not be compensated for the
classes. Chief Brandemihl responded that the City was not going to pay for those graduate level
classes that are not directly job related. Mr. Tatigian stated the classes they are talking about are
in Public Administration. Chief Brandemihl reiterated that initially Mr. Kamm provided a list of
classes and his request was denied, which led to the original grievance in 2000. The Grievance
went to Labor Management and the Union declined to pursue it further. Ms. Mahoney clarified
that the decision was made to pay for those classes directly relating to Fire Command and Staff
curriculum, even though Firefighter Kamm didn't have the prerequisite rank. Chief Brandemihl
confirmed that he was able to be admitted into the program; therefore, the City lived up to their
part of the agreement. Chief Brandemihl repeated that he assumed that the courses were part of
the Staff and Command curriculum. He further stated the Labor Management written
determination was sent to the Fire Fighters Union and Mr. Kamm would have received a copy of
this response through the Fire Fighters Union.
Mr. Campau inquired when Mr. Kamm took the courses in dispute. Chief Brandemihl replied they
were taken from September to December of 2003 and that Mr. Kamm was reimbursed in January
for $2,140.33. Ms. Mahoney confirmed that no courses have been submitted for reimbursement
since then. Mr. Kamm responded that he never received the referenced Labor Management letter
notifying him of the denial of reimbursement for courses. Mr. Kamm also asked Mr. Fessler, the
addressee on the letter, if he received it, and he advised him he had not. Also, he checked the
Union files, and did not find the copy. Mr. Tatigian clarified that the Chief stated there was a Labor
Management meeting at which Mr. Kamm was present and was verbally told of management's
decision concerning his request. Mr. Kamm explained at the Labor Management meeting that he
thought that it had been determined that the program was acceptable and he believed everything
Page 1201st Regular Meeting June 16, 2004
was approved when he left the meeting. Chief Brandemihl disagreed, stating that during the
original grievance fled in 2000, the issue was approval for a Master's Degree in Public
Administration. Chief Brandemihl stated that it was agreed at the meeting the City wasn't going to
pay for the Master's Degree program; however, it was agreed that if Mr. Kamm was admitted into
the Staff and Command part of the program that only those credits would be eligible for
reimbursement. Chief Brandemihl further explained that the LFFU contract doesn't have any
provision to pay for a Master's Degree. Mr. Kamm stated there is nothing in the contract that
precludes someone for taking the Fire Fighters classes in a Master or Doctoral program, as long
as it was directly related to a Firefighting Degree curriculum.
Mr. Tatigian referenced Section 34.B of the Livonia Fire Fighters Contract which states, "All
courses must be pre -approved by the Chief of the Department." Mr. Tatigian requested the
Commission be given copies of the signed documents that approved Mr. Kamm's request. Mr.
Kamm explained that all the information had been submitted to the Chief regarding the duration of
the classes and that the requests were submitted through the chain of command each semester.
Mr. Kelly explained that some of the approved documents said Staff and Command program on
them and others said Masters of Public Administration program. Mr. Tatigian stated that there is
a contract dispute where there was no meeting of the minds. He continued that Chief Brandemihl
wouldn't have approved these classes if he knew they were not part of the Staff and Command
program. Mr. Tatigian reiterated that the City was entitled to seek reimbursement if it was due to a
clerical error. Mr. Kelly restated that Mr. Kamm's requests were reviewed and signed off by the
Training Coordinator as well as the Chief over the course of three (3) years. Mr. Kamm explained
that when he got accepted into the program he gave the Chief a binder of the program for Staff
and Command and thought other employees might want to inquire about it. Mr. Kamm denied
that he was told at the Labor Management meeting that some classes would not be eligible for
reimbursement. Ms. Mahoney inquired if the City didn't pay for the classes if Mr. Kamm would
have taken these courses. Mr. Kamm stated he wouldn't have enrolled in the Master's Degree in
the Public Administration curriculum; rather he would have enrolled in a Masters in Business
Administration program. Mr. Kamm clarified that in order to be eligible for promotional
opportunities, Fire Command positions (outside the City) have evolved to where a person would
need a Master's Degree in Public Administration.
Mr. Tatigian described a discrepancy in the amount of money. Mr. Kamm responded that he
wanted to end this dispute and proposed that he would agree to pay for the four (4) classes
remaining. Mr. Kamm stated he was approved for 14 classes and the City has already been paid
for ten (10) classes. Mr. Kamm stated that he was agreeable to end this dispute if the City would
reimburse him for the classes that were approved to date.
Upon a motion by Mr. Campau, it was
RESOLVED, That having reviewed the Livonia Fire Fighters Union (LFFU)
Grievance #240-01, dated February 25, 2004, from Phillip D. Kamm, Firefighter,
regarding tuition reimbursement, the Civil Service Commission does hereby approve
the grievance in favor of the grievant and directs that the City retrad the February 9'^
order to submit a repayment plan (arrow 1); continue to approve fees, tuition, books
and other expenses in this curriculum (arrow 2); and reimburse any monies collected
from the February 9 order (arrow 3) as listed in the Grievance Initiation form dated
February 25, 2004.
Page 9 1201st Regular Meeting June 16, 2004
The motion dies for lack of support.
Ms. Mahoney stated that Mr. Kamm's original grievance states, under the second arrow, "so that I,
as well as others, may benefit from its guidance." Mr. Campau discussed amending the motion to
strike that part of the second arrow, since this is not a class action. Ms. Mahoney discussed the
third arrow where it states "other expenses related to this education endeavor to be reimbursable
as they have since the Fall 2000 semester." Mr. Kamm explained that there are no other
expenses. Mr. Campau requested striking the third arrow section related to "other expenses."
Ms. Mahoney requested striking the fourth arrow of Mr. Kamm's grievance since no money has
been collected from him. Mr. Kamm stated he would be elated if the Commission approved his
continuation with the remaining four (4) courses in the Masters in Public Administration
curriculum. Ms. Mahoney said they were not going to approve the four (4) remaining courses that
shouldn't have been approved in the first place. Mr. Taligian stated he couldn't go along with this
because he feels the Fire Chief didn't pre -approve this and he looks for an equitable settlement.
Ms. Mahoney clarified that what Mr. Campau recommends is approving a grievance that would
ask for a retraction of the February 9' need to submit a plan to repay and for continued support
for the other four (4) courses that would lead to a Master's in Public Administration. Ms. Mahoney
continued that there have been enough mistakes with regard to this issue by not asking enough
questions or clarification from Management. Mr. Taligian stated he felt the Fire Chief always has
the right to tum the request down. He continued that the Fire Chief has the authority by contract
to turn down the request for reimbursement of the four (4) remaining classes.
Upon a motion by Mr. Campau, it was
RESOLVED, That having reviewed the Livonia Fire Fighters Union (LFFU)
Grievance #240-01, dated February 25, 2004, from Phillip D. Kamm, Firefighter,
regarding tuition reimbursement, the Civil Service Commission does hereby approve
to retract the February 9, 2004 order to 'submit a payment plan' and to continue
approval of payment on courses that have already been approved.
The motion dies for lack of support.
Chief Brandemihl inquired if this benefit would have to be extended to all other employees. Ms.
Mahoney replied that she would hope that these requests for reimbursement on classes would be
more carefully reviewed and that they would not be approved for reimbursement unless they were
specifically Fire Staff and Command related courses. Ms. Mahoney confirmed that this case
would not be precedent setting.
The Chairperson stepped down to support the following motion:
Upon a motion by Mr. Campau, seconded by Ms. Mahoney and adopted, it was:
RESOLVED, That having reviewed the Livonia Fire Fighters Union (LFFU)
Grievance #240-01, dated February 25, 2004, from Phillip D. Kamm, Firefighter,
regarding tuition reimbursement, the Civil Service Commission does hereby approve
Page 10 1201 A Regular Meeting June 16, 2DD4
to remove the debt of $2140.33 from Fire Fighter Kamm and agrees that the City will
pay for the courses it has approved to date.
AYE: Campau and Mahoney NAY: Tatigian
The Commission took a break at 6:55 p.m
The Commission reconvened at 7:05 p.m.
John Dauffenbach, Union Steward, AFSCME Union Local 192, commenced discussion regarding
AFSCME Union Local 192 Grievance #04-11, dated May 25, 2004, from Bruce Whitcombe,
Engineering Assistant I, regarding a written reprimand. Mr. Dauffenbach stated the written
reprimand regarding Mr. Whitcombe was overkill on the part of Management and that Mr.
Whitcombe has not received any previous reprimands within the last 18 months. Mr. Campau
inquired if Mr. Whitcombe was disputing any of the issues in the letter. Mr. Dauffenbach replied
"Yes," and continued that Mr. Whitcombe does this job only periodically and part of the confusion
was the address and how the paperwork was issued by the Engineering Department. A call-in
complaint was received in the Department regarding some defective sections of sidewalk and the
location written on the call log was that of the caller. Mr. Dauffenbach stated that this is a training
issue, not an issue of negligence on Mr. Whitcombe's part. Mr. Tatigian clarified that Mr.
Whitcombe has been with the City for 2 % to 3 years and inquired what Mr. Whitcombe said to the
homeowner. Ms. Mahoney clarified Mr. Whitcombe went on a call, talked to a homeowner, and
the homeowner to whom he spoke called and registered a complaint. An acting supervisor took
the complaint and the acting supervisor went out to talk to the homeowner. The homeowner was
upset because Mr. Whitcombe indicated there might be some personal liability on the part of the
homeowner if the sidewalk repair was not taken care of. Mr. Dauffenbach clarified that Mr.
Whitcombe had inspected both the sidewalk of the reported address and the sidewalk of the
complainant. Mr. Whitcombe had inspected the wrong one first (the callers address) inadvertently
and then he went on to the other address on the log. Mr. Whitcombe marked several flags, some
of which were on the property of the complainant.
Mr. Tatigian clarified that the written reprimand would be placed in Mr. Whitcombe's personnel file
and would be removed in 18 months. Mr. Tatigian inquired if Mr. Whitcombe had ever received
any verbal reprimand prior to this incident. Mr. Dauffenbach responded "No." Mr. Dauffenbach
continued that the homeowner might have been upset because he thought he might have to pay
for the repair of the sidewalk.
Mr. Dauffenbach staled that Cheryl Wallman, Engineering Assistant II, and Rick Grodek, Civil
Engineer II, were the supervisory personnel who went out to the location of the complaint and
wrote a report following the interview of the homeowner. Mr. Dauffenbach stated to date, he did
not have a copy of Mr. Grodek's report.
Mr. Schron, City Engineer, stated that the disciplinary action involved was appropriate. Mr.
Schron informed the Commission that the original form that Mr. Whitcombe was given, the
address that Mr. Whitcombe was to go inspect, 19436 Donna, was highlighted. Mr. Schron added
that the conversation that Mr. Whitcombe had with the homeowner, stating that if the sidewalk was
not repaired the homeowner could lose his house, was not representative of how he should have
communicated with the homeowner. Mr. Schron continued that Mr. Whitcombe has been
Page 11 1201 A Regular Meeting June 16, 2004
employed in the Engineering Division since 2000 and should have been experienced in the
appropriate communication skills required with residents. Ms. Mahoney inquired if he had been
trained in communication skills. Mr. Schron responded that they do provide training if the Civil
Service Department has a course that comes up citywide. Mr. Campau stated that usually there is
a verbal reprimand first if there are previous examples of an employee having communication
problems with homeowners. Mr. Schron responded that due to the degree of the communication
that took place, a written reprimand was appropriate. The homeowner was upset because of the
level of liability that was expressed and the fact that the conversation continued on for a long
period of time concerning his potential liability.
Ms. Mahoney clarified that when the Engineering Department sent out the log, the Donna address
was highlighted. Mr. Whitcombe was sent to the Donna address in order to look at what was a
resident complaint. In the process of looking at Donna, Mr. Whitcombe continued to look at the
general area for other defective flags. Mr. Tatigian inquired if the work he did, putting the flags in
place, was improperly done. Mr. Schron staled the work appeared to be appropriate. Mr. Tatigian
clarified that the resident who complained was mad because the inspector noted that he also, has
flags that need to be replaced and that may have led to his complaint about Mr. Whitcombe. Mr.
Schron reiterated that Mr. Whitcombe exaggerated the impact of failure to replace the sidewalks.
Mr. Tatigian explained that there is secondary liability to the property owner if there is a defective
sidewalk.
Upon a motion by Mr. Tatigian, seconded by Mr. Campau and unanimously adopted, it was
RESOLVED, That having reviewed AFSCME Union Local 192 Grievance #04-11,
dated May 25, 2004, from Bruce Whitcombe, Engineering Assistant I, regarding a
written reprimand, and having had discussion with John Dauffenbach, Union
Steward, AFSCME Union Local 192, and Robert Schron, City Engineer, the Civil
Service Commission does hereby grant the request to remove the written reprimand
from Mr. Whitcombe's personnel file.
Ms. Mahoney recommended that if the City budget allowed, that training be conducted for all
employees involved in customer relations and that Mr. Whitcombe should attend. Mr. Schron
recommended that the training be offered in the month of November.
Ms. Rutan stated that there was a gentleman in the audience who wished to have discussion with
the Civil Service Commission. She reported that Christopher Martin came to her office out of
concern regarding a matter that the Commission reviewed at their May 20, 2004 meeting
concerning the amendment to the classifications of positions plan to establish the temporary
classification of Police Vehicle Maintenance Coordinator. Ms. Rutan stated she advised Mr.
Martin that his appropriate recourse, rather than addressing this at the City Council regular
meeting tonight, was to address the Commission because he questioned the proposed
qualifications for the position. Ms. Rutan brought copies to the Commission of what was received
last month, as well as supporting correspondence to the City Council. She clarified that this
request has not yet been formally adopted by City Council and this is a temporary classification
with the only compensation to be an hourly rate of pay. Ms. Mahoney recalled this was to
determine whether this would be useful to have in the Department. Police Chief Robert
Stevenson presented the request to the Commission last month and identified that for the
preceding 25 years, the coordination of the police vehicle maintenance has been handled by a
Page 12 1201 st Regular Meeting June 16, 2004
certified Police Officer and with the reorganization of the Department; it was the intention to take
nonessential responsibilities and reassign them to appropriate civilian staff. Chief Stevenson
added that the classification was recommended to be approved on a temporary basis to see if the
Department found it successful, and if so, a request would be made to the Commission for a
permanent classification with appropriate wage and benefits.
Ms. Rutan then introduced Christopher Martin. Mr. Martin stated he happened to be at the
Council Study meeting of June 7, 2004 and when he heard the request to establish the
classification of Police Vehicle Maintenance Coordinator he wanted to see what the qualifications
were. Mr. Martin stated he tried to pick up a copy of the qualifications today from the Civil Service
Department. Mr. Tatigian asked him to state his name and address for the record and what his
interest was in this matter. Mr. Martin responded 11037 Hubbard Street, Livonia, Michigan 48150.
Mr. Martin added that he was a resident for fifty-one (51) years. Mr. Tatigian directed that Mr.
Martin be provided a copy of the qualifications. Ms. Rutan slated earlier in the day she asked Mr.
Martin to put his request in writing under the Freedom of Information Act, but he didn't want to do
that. Mr. Martin stated the Study meeting was last week and the Police Vehicle Maintenance
Coordinator position was discussed briefly. Mr. Martin also stated he didn't want to take the time
to fill out the Freedom of Information Act form because the Council meeting would be over with
before he received the information. He continued that he just wanted to see what the
requirements were. Mr. Martin replied that his interest was that he attended various meetings as
a concerned citizen. Mr. Martin also stated he did not want to apply for the job.
Upon a motion by Mr. Campau, seconded by Mr. Tatigian and unanimously adopted, it was
RESOLVED, That the meeting be adjourned at 7:35 p.m.
Gretchen Guisbert, Secretary III
Charlotte S. Mahoney, Chairperson
Harry C. Tatigian, Commissioner
Ronald E. Campau, Commissioner