HomeMy WebLinkAbout1202nd CSC MEETING1202nd REGULAR MEETING OF THE
CIVIL SERVICE COMMISSION
The 1202nd Regular Meeting of the Civil Service Commission was held on Wednesday,
July 15, 2004. The meeting was called to order at 5:31 p.m.
Members Present: Charlotte S. Mahoney, Chairperson
Harry C. Tatigian
Ronald E. Campau
Also Present:
Elsie Graham Val Vandersloot, City Clerk
John Graham Mary E. Rutan, Human Resources Director
Kenneth Grzembski, Chief Parks Steward, Gretchen Guisbert, Secretary III
AFSCME Union Local 192
Yvonne Lillibridge, President, AFSCME
Union Local 192
Upon a motion by Mr. Campau, seconded by Mr. Tatigian and unanimously adopted, it was
RESOLVED, That the minutes of the 1201' Regular Meeting held Wednesday,
June 16, 2004, be approved as submitted.
The Commission received and fled the Status of Temporary Employees Report for June 2004.
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 "at will' related
agreement, and after having had discussion with Yvonne Lillibridge, President,
AFSCME Union Local 192, the Civil Service Commission does hereby approve the
posting for employee review and comment of the proposed revision to RULE 16,
CERTIFICATION, APPOINTMENT AND REINSTATEMENT, Section 16.4
Character of Appointments, and directs that the Civil Service Department publish
the new language with the Casual/At-Will Agreement being part of the posting.
The Commission received and fled the Non -Resident Report as of July 1, 2004.
Upon a motion by Mr. Tatigian, seconded by Mr. Campau and unanimously adopted, it was
RESOLVED, That having reviewed the letter of June 26, 2004, from Ronald R.
Reinke, Superintendent of Parks and Recreation, requesting a waiver of the
original probationary period for Jason Sturos, Recreation Supervisor, the Civil
Service Commission does hereby waive the six (6) month original probationary
period for Mr. Sturos based upon his significant history of satisfactory performance
in this classification on a temporary basis fallowing his transfer due to an
occupational injury as a probationary Firefighter.
Paget 1202" Regular Meeting July 15, 2004
The Commission received and fled the letter of June 8, 2004, from Karen Szymula, Director of
Legislative Affairs, as approved for submission by Gerald D. Taylor, City Council President,
requesting an extension of Special Appointment status for recording services for the Zoning
Board of Appeals secretarial support services under RULE 16.4 (e) Special Appointments for the
period December 1, 2004 through November 30, 2007, and requesting a waiver of the
competitive bidding requirement as permitted by Section 3.04.140 of the Livonia Code of
Ordinances, as amended.
Upon a motion by Mr. Campau, seconded by Mr. Tatigian and unanimously adopted, it was
RESOLVED, That having reviewed the letter of July 2, 2004, from Val Vandersloot,
City Clerk, requesting adoption of a resolution authorizing permanent extension of
special appointments status to MAT Court Recording & Court Services for
recording and transcription of verbatim minutes of City Council Public Hearings for
the City Clerk's office, the Civil Service Commission does hereby approve this
request in accordance with RULE 16, CERTIFICATION, APPOINTMENT, AND
REINSTATEMENT, Section 16.4 Character of Appointments, (e) Special
Appointments.
Upon a motion by Mr. Tatigian, seconded by Mr. Campau and unanimously adopted, it was
RESOLVED, That having reviewed the letter of June 21, 2004, from Thomas J.
Clark, Jr., Assistant Driver, as approved for submission by Alan W. Brandemihl, Jr.,
Fire Chief, requesting a military leave of absence, the Civil Service Commission
does hereby approve Mr. Clark's request for a military leave of absence for
enforced military active duty commencing June 22, 2004, for up to one (1) year
with the understanding he will provide a copy of his official orders issued by the
Army Reserves Unit.
Upon a motion by Mr. Tatigian, seconded by Mr. Campau and unanimously adopted, it was
RESOLVED, That having reviewed the letter of July 8, 2004, from Alan W.
Brandemihl, Jr., Fire Chief, requesting a promotional examination for Senior Fire
Equipment Mechanic 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:
Employed in the Fire Department; and
Have regular status as Fire Equipment Mechanic with at least two (2) years
of experience in that classification; and
Possess certification in the following: EVT Fire Pump & Accessories, Fire
Apparatus Electrical Systems, EVT Ambulance Electrical Systems, EVT
Design and Performance Standards and Preventative Maintenance of
Ambulances.
Page 1202" Regular Meeting July 15, 2004
PARTS OF EXAMINATION AND WEIGHTS
Departmental Rating -20% Interview -80%
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 of under 70 will not disqualify the candidate from continuing the process.
Upon a motion by Mr. Tatigian, seconded by Mr. Campau and unanimously adopted, it was
RESOLVED, That having
reviewed the proposed
qualifications
and parts of
examination and weights
for Human Resources
Director, the
Civil Service
Commission does hereby
approve the following
qualifications
and parts of
examination and weights:
QUALIFICATIONS
By the closing date of the announcement, an applicant must:
1. Be a citizen of the United States or a resident alien with the right to work in
the United States; and
2. Have a Bachelors degree from an accredited college or university in
Personnel or Human Resources Management, Industrial Relations,
Business or Public Administration or a closely related field which includes
course work in personnel administration, research and statistical methods,
and employment and labor law. A graduate level degree is preferred; and
3. Have a minimum of five (5) years progressively responsible generalist
experience in human resource management/personnel administration in a
unionized environment, including at least two years management level
experience in a governmental unit, municipal or county level preferred; and
4. Senior Professional in Human Resources (SPHR) and/or International
Personnel Management Association Certified Professional (IPMA-CP)
certification preferred.
PARTS OF EXAMINATION AND WEIGHTS
Assessment Center -100%
Background Investigation Pass/Fail
'In the event that the number of qualified applicants exceeds fifteen (15), an evaluation will be
made of the applications, and the fifteen (15) applicants who have the most appropriate and
responsible combination of experience, education and training will be invited to the Assessment
Center. No tape recorders, calculators or other electronic devices are pennitted during any part
of this examination. Failure to comply will result in immediate disqualification.
Page 4 1202"d Regular Meeting July 15, 2004
Discussion commenced regarding the memorandum of July 7, 2004, from Mary E. Rutan, Human
Resources Director, requesting to rescind the Commission approved medical leave of absence
for Elsie Graham, Clerk I, Office of the City Clerk. Mrs. Graham slated that she didn't understand
why the request to rescind her medical leave of absence was being considered. She continued
that she sent a letter to the Civil Service Commission asking why she didn't receive any of the
short-term disability benefit that is covered under the AFSCME Union Local 192 contract for $200
a week. John Graham, Mrs. Graham's husband, who had retired from the City of Livonia,
inquired why the medical leave of absence had to be rescinded when the proper leave of absence
request procedure was followed.
Ms. Mahoney clarified that the Commissioners had opened Mrs. Graham's confidential letter just
prior to this meeting today, and had requested Ms. Rutan to respond to that letter. Ms. Mahoney
stated the Commission did not know Mrs. Graham would attend this evening's meeting and then
asked that Ms. Rutan verbally clarify the recommendation to rescind Mrs. Graham's unpaid
medical leave of absence previously approved under the FMLA (FMLA).
Ms. Rutan staled that Mrs. Graham applied for a medical leave of absence under the FMLA
based on her disabling medical condition. At the same time she also applied for the short-term
disability benefits; payable at $200 per week. Ms. Rutan stated that general employees are
ineligible to receive this benefit until their sick leave bank is exhausted. Further, a fourteen (14)
day waiting period may be applicable if the employee had less than eighteen (18) accrued sick
leave days at the start of the leave. Mrs. Graham's bank was exhausted on April 1, 2004 and the
14 -day waiting period began. Ms. Rutan explained that FMLA pennits an employer who has a
question regarding the nature of disability or the disability documentation, to schedule a second
independent medical evaluation. Ms. Rutan stated she spoke personally with Mrs. Graham
explaining that her doctors statement about her disability being "indefinite" was of concern to the
employer. Ms. Rutan further staled Mrs. Graham was sent and cooperated with a second
medical evaluation conducted on April 12, 2004. That examining physician determined that she
could return to work in a position that required no heavy lifting, no typing greater than ten (10)
minutes at a time, with a break for at least five (5) minutes. Further, this physician determined
that this accommodation would be required for three (3) months. Ms. Vandersloot, the City Clerk,
indicated that Mrs. Graham was not required to perform back up duties in the mailroom, so there
was no lifting in her current job. Further, she confirmed Mrs. Graham's job as a Clerk I did not
require production typing so these restrictions could be easily accommodated.
Due to the second independent medical opinion being in conflict with that of Mrs. Graham's
treating physician, the law provided that a third binding independent medical opinion be
scheduled. Mrs. Graham participated in the third medical evaluation on May 14, 2004. That
doctor confirmed that Mrs. Graham could return to work on a part-time basis of no more than four
(4) hours per day; limiting typing to no more than len (10) to fifteen (15) minutes at a time;
sit/stand as necessary; no lifting above shoulder level and no lifting more than five (5) pounds.
These restrictions were required for at least two (2) months. Ms. Vandersloot again was
consulted and confirmed that the Department had no problem accommodating these restrictions.
A letter was mailed to Mrs. Graham on May 21, 2004, providing her copies of both the second
and third independent medical opinions and requesting that she contact Ms. Vandersloot no later
than June 1, 2004 to coordinate her return to work. On June 1, 2004, the date Mrs. Graham was
requested to return to work, Ms. Vandersloot called to indicate that Mrs. Graham had called her
and stated that she was not going to report to work as requested, and she was going to follow her
own doctor's recommendation. Since the third opinion, by law, is final and binding, Mrs. Graham
Page 5 1202"° Regular Meeting July 15, 2004
was found in violation of the FMLA regulations. Disciplinary action, after consultation with the
Department of Law, was issued in the form of a one (1) week suspension, which expired June 12,
2004. A letter dated June 9, 2004 was delivered to Mrs. Graham's home containing notice of the
formal disciplinary action and summarizing the charges therein. This letter advised her that her
disciplinary suspension would take place from June 7, 2004 through June 11, 2004. Again, she
was requested to report back to work on Monday, June 14, 2004, to the modified part-time
position. When this letter was delivered on June 9, 2004, Mrs. Graham was not at home. A
neighbor reported she hadn't seen the residents for a while and that they were probably on
vacation. On June 24, 2004, Mr. Graham delivered a letter to Ms. Vandersloot indicating that
Mrs. Graham was resigning. It was determined that her effective date of termination was June
14, 2004, which was the date she was asked to report back to work but failed to do so.
Ms. Rutan clarified that the reason Mrs. Graham's weekly short-term disability benefit was not
payable was that she did not meet the definition of "disability," as defined in the Plan document.
That determination was made by The Accident Fund, the City of Livonia's third -party administrator
for this benefit program. Consequently, Mrs. Graham was only provided this benefit for the one
day following the wait period just prior to the second opinion.
Ms. Rutan reviewed that the AFSCME Union Local 192 Contract, RULE 14, LOSS OF
SENIORITY AND STATUS, paragraph B., states, "An Employee may lose seniority and status for
the following reasons: 2) Failure to return from sick leave or leaves of absence may be treated
the same as B (1) above" Ms. Rutan stated that the independent medical evaluation and sick
leave control procedure was also consistent with Civil Service Commission RULE 25, LEAVES,
Section 25.2 Sick Leave, (h)(5), that states, "Employees shall be required to be examined by the
City's authorized Medical Provider upon the recommendation by the Appointing Authority where
sick leave usage appears to indicate a medical problem. Employee's attending physician's report
will be considered in reviewing the problem. If no medical problem is indicated, continued use of
sick leave may require disciplinary action as provided in Rule Suspensions Demotions and
Removals" The City has also complied with the FMLA regulations and obtained a second and
third independent medical opinion, which indicated Mrs. Graham could perform her job and that
work was available within the restrictions that were medically required.
Mr. Tatigian confirmed that the Civil Service Commission granted an unpaid medical leave of
absence commencing April 1, 2004, and that her personal physician's determination was for an
"unknown" period of time, but the Civil Service Commission Rule provides for sixty (60) days. On
June 24, 2004, she submitted a letter of resignation, however, the City interpreted her termination
date to be effective June 14, 2004. Mr. Tatigian inquired why Mrs. Graham was here if she
resigned. Ms. Rutan responded that when an employee is on an unpaid leave of absence, the
employee no longer accrues vacation leave. Sick leave is accrued under an approved leave but
it's not usable until the employee returns to work. Mr. Tatigian restated that Mrs. Graham never
returned to work and she resigned. Ms. Rutan clarified she believed Ms. Graham's issue was
entitlement to continuing leave and short-term disability benefits, whereas, the City's request was
to rescind the leave and establish a termination date when she failed to return to work following
the third and binding independent medical opinion.
Mr. Graham stated that he had a copy of the medical leave and the FMLA and stated that they
were two totally different scenarios. Mr. Graham stated the collective bargaining agreement
provides greater employee medical leave rights and that Mrs. Graham wasn't concerned with
FMLA, had to go through the "hoopla" of FMLA and go see the other doctors when she provided
Page 1202" Regular Meeting July 15, 2004
documentation from her physician of four years stating that she couldn't work and that she was
undergoing a new therapy, and if it would have worked, it may have allowed her to come back to
work full-time. With all that was involved, Mr. Graham felt that the disciplinary action was unfair.
Ms. Rutan reiterated that the federal law is summarized in Rule 25, paragraph 4, which states "If
the City has reason to question an employee's medical disability certification, it may require the
employee to obtain a second certification from a different health care provider chosen by the City.
If the two medical opinions are in conflict, the City shall schedule an exam with a third health care
provider whose opinion shall prevail." If no medical problem is indicated, continued use of sick
leave may require disciplinary action as provided in Rule 26. She clarified that medical leaves of
absence are not "entitlement" programs; rather, they are based on objective medical findings.
Mrs. Graham received two opinions from specialists who deal with the nature of her disability, that
indicated that she could return to work within the restrictions identified. The letters to Mrs.
Graham identified a modified job was available to her and that she no longer met the definition of
disability under the Family Medical Leave Act; therefore, she no longer qualified for The Accident
Fund payment of the short-term disability benefit.
Mr. Tatigian stated the Commission adopted a resolution granting Mrs. Graham an unpaid
medical leave of absence. Until the date of June 1, 2004, she was covered. If she had come
back to work on June 1, 2004, she would have had the unpaid medical leave of absence up until
that point. The problem starts because on June 1, 2004, after she received a notice on May 21,
2004, she didn't come back to work. Subsequently, on June 24, 2004, after another written notice
she resigned. According to the City, her date of termination is effective June 14, 2004. Mr.
Tatigian stated it was his opinion that she was only entitled to a medical leave of absence until
June 1, 2004. Mr. Tatigian stated that was the only issue the Commission was involved in since
the determination of disability for qualification for weekly disability income benefits is rendered by
the third party administrator.
Mrs. Graham explained that she did not return on June 1, 2004, because even with the
accommodation recommended, she did not feel that she would have been able to work for four
(4) hours a day. She continued that she was approved by the Civil Service Commission for an
unpaid medical leave until the 20 Mrs. Graham stated she called Ms. Vandersloot, told her that
she would be seeing her doctor again on the 18'^ of June and that she would get back with her as
to what the determination was at that time. Mrs. Graham stated she made a personal decision to
resign because she didn't want to have to apply for another twelve (12) week period, have to go
to more doctors, have to go through Civil Service Commission, and have to be called and asked
why she wasn't returning to work.
Ms. Mahoney clarified if during an unpaid medical leave an employee continues to receive
employment benefits. Ms. Rutan confirmed that a person who is on an approved unpaid leave of
absence continues to accrue seniority. In Mrs. Graham's case, she was not enrolled in health
care coverage since she has health insurance benefits under her husband's City of Livonia
retirement plan. She continued that under a typical leave of absence, the employee's health
insurance continues, their life insurance continues, they continue to have status and seniority
consideration and they continue to accrue sick leave. They, however, do not accrue vacation
leave when they are in a no pay situation. The employee on leave is, therefore, treated as if they
are continuously employed. One of the considerations in a prolonged medical leave is whether it
is reasonable to assume the individual is still "employable' or able to return to work. Medical
leaves of absence are typically, by Commission Rule, granted for sixty (60) days. The FMLA
recognizes twelve (12) weeks in a twelve (12) month period. Extensions may be granted if
Page ] 1202"° Regular Meeting July 15, 2004
medically necessary. If it is not reasonable to assume the person can resume work, the
retirement ordinance permits a department head to come forth and request retirement of an
individual. Mrs. Graham however, is not eligible for disability retirement consideration since she
was employed less than ten (10) years. In summary she stated the City acted in good faith,
sought two expert medical opinions and received no updated medical documentation from Mrs.
Graham indicating anything but "indefinite" Hence, a decision was made to afford her an
opportunity to come back to a restricted job on a part-time basis. When she didn't respond on a
second request, her refusal to return to work subjected her to disciplinary action.
Mr. Campau inquired how the FMLA is applicable. Ms. Rutan reiterated the law allows if the
employer has reasonable grounds to believe that there is a question to the medical
documentation supporting the serious illness qualification, that the employer could schedule a
second independent medical opinion. Mrs. Graham's medical documentation stated the length of
time she was to remain off work was "undetermined." This generated a question as to whether
she was "employable." If a person cannot perform the essential functions of the job, with or
without reasonable accommodation, they are not employable.
In reference to the letter that was hand -delivered to her home, Mrs. Graham stated she wasn't
home until the 18'^, so there was no way that she could have responded before that time. Mr.
Graham stated if the undetermined length of time was of such concern, why weren't second and
third opinions requested back in 2001 and 2002 when Mrs. Graham was also on intermittent
leave under the FMLA. He continued that the doctors involved in second and third medical
evaluations only spent 20 minutes each with Mrs. Graham but her own doctor has been treating
her for 3 or 4 years. Mr. Graham clarified they were here because Mrs. Graham was removed
from an unpaid medical leave status. Ms. Mahoney requested clarification of how being on or off
unpaid medical leave related to disability insurance. Ms. Rutan explained that in order to qualify
for the short-term disability insurance, an employee must by definition, have a disability, or an
inability to perform the essential functions of their job. That parallels the Commission's unpaid
medical leave of absence requirement, as well as FMLA requirements as to what constitutes a
serious illness. FMLA is a requirement by law, not a voluntary election. Once there is a need for
FMLA, and the employee is required to exhaust their paid sick leave, they are advised of the
benefits available under short-term disability plan. At the commencement of leave, Mrs. Graham
had less than one sick leave day in her bank. Therefore, she had a 14 -day waiting period, and
then had to continue to meet the definition of serious illness in order to collect the benefit. The
day after she met that 14 -day waiting period, the second opinion was rendered, that she could be
returned to her regular position with the stipulation she not type for specific periods of time, and
not lift heavy objects. The opinion of The Accident Fund, the third party administrator, was that
Mrs. Graham was not disabled from work; therefore, she was no longer eligible for short-term
disability. Ms. Rutan reiterated that Mrs. Graham has been on multiple medical leaves and there
was a justifiable question, when it says "indefinite disability" as to whether or not the employee
can continue to perform the essential functions of their job with or without reasonable
accommodation. In the event the employee cannot reasonably perform the essential functions of
the job, the employer has to make a determination as to whether or not a person is still
employable.
Yvonne Lillibridge, President, AFSCME Union Local 192, stated that to her knowledge, before
FMLA was in effect, a medical leave of absence was granted whether it was paid or unpaid at the
time, solely upon the determination of an employee's treating physician. Ms. Lillibridge cited
RULE 25, LEAVES, Section 25.5 Leave of Absence, where it states, "A regular employee may be
Page 0 1202"° Regular Meeting July 15, 2004
granted a leave of absence without pay upon prior written recommendation by the Appointing
Authority approved by the Civil Service Commission for any of the following reasons: personal
illness, serious illness in the immediate family, death in the immediate family, personal business,
pregnancy, service in the armed forces or reserves." Ms. Lillibridge stated under personal illness
if a doctor says there is a condition, whether or not it is qualified as serious under FMLA, the
personal doctor's recommendation prevails and the employee can ask for a leave of absence.
Initially, even though Mrs. Graham's personal physician reported "undetermined" to the question
when she would be able to return to work, the Commission granted her an unpaid medical leave
of absence. Ms. Lillibridge stated she had a hard time understanding why, after the Civil Service
Commission approved the initial unpaid medical leave of absence, Mrs. Graham would have to
come back after her doctor still determined she could not return to work. If her doctor
documented he wanted to see her off work for an extended period of time, the Commissioners
could request something more definite than some time in the future.
Ms. Rutan reviewed that "intermittent" leave is the same as a leave of absence only it's periodic.
Intermittent leave was never recognized by the Rules and was never granted until the FMLA
provided for it. Ms. Rutan pointed out RULE 25, LEAVES, Section 25.2 Sick Leave, (h)(5), states,
"Employees shall be required to be examined by the City's authorized Medical Provider upon the
recommendation by the Appointing Authority where sick leave usage appears to indicate a
medical problem. Employee's attending physician's report will be considered in reviewing the
problem. If no medical problem is indicated, continued use of sick leave may require disciplinary
action as provided in Rule 26 Suspensions Demotions and Removals." This language
superceded FMLA and has been applied in cases in the past where employees have been asked
to return to work and they have failed to do so. Now under FMLA there are specific guidelines
about second independent medical opinions and third independent medical opinions, with the
third opinion being binding. Ms. Lillibridge staled there is a concern about an employee having an
approved leave of absence based on their physician's findings. Now they are required to apply
for FMLA and if there was an open ended statement of indefinite disability made by the personal
physician, she was sent to other doctors. Other employees on a medical leave of absence have
been granted extensions by the Commission based on personal physician's recommendations.
Ms. Mahoney stated regardless of whether Mrs. Graham's leave of absence is rescinded or not,
her physical condition has not changed to the point she might still have had to resign because
she would not have been able to come back on the 24th. She continued that even if the
Commission doesn't rescind the medical leave of absence, it would not change Mrs. Graham's
medical condition.
Mr. Campau stated that June 24th, the end of the initial twelve (12) week leave period has passed;
therefore the request to rescind a medical leave of absence was untimely because the leave had
expired. He didn't know, therefore, why this was on the agenda.
Mr. Tatigian responded that this is on the agenda due to the third doctor indicating she was able
to do part time work and Mrs. Graham turned it down. Mr. Tatigian stated he couldn't disregard
what has actually happened. Based upon subsequent medical opinions, she should have
reported back to work on June 1 u. While the Commission granted her a medical leave until June
24th, he is willing to amend the resolution so that the leave of absence that was originally granted
would be effective for the period April 1, 2004 through May 31, 2004. Ms. Rutan stated that the
City was willing to accept June 14th as the date of termination, and clarified that this matter was
placed on the agenda to permit Mrs. Graham to come forth, because she submitted a letter in
Page 1202" Regular Meeting July 15, 2004
confidence to the Commission, to afford her an opportunity to discuss if there should be further
consideration.
Ken Grzembski, Chief Parks Steward, AFSCME Union Local 192, stated the unpaid medical
leave of absence was granted until June 24, 2004 originally, and inquired how Mrs. Graham could
be fired. Mr. Tatigian clarified that she was never fired. She was suspended for five (5) days.
Ms. Mahoney stated that there was a history of her having to be off some days because of her
condition. The City determined, as her employer, to ask for additional opinions, which FMLA
allows for. Based on those opinions, the length of leave of absence was changed. The third
opinion, which is the final binding opinion, was that she could return and she was given two
weeks from receipt of that opinion to come back to work.
Upon a motion by Mr. Campau, it was
RESOLVED, That having reviewed the memorandum of July 7, 2004, from Mary E.
Rutan, Human Resources Director, requesting to rescind a medical leave of
absence for Elsie Graham, Clerk I, Office of the City Clerk, and having had
discussion with Mrs. Graham; Mr. Graham; Yvonne Lillibridge, President, AFSCME
Union Local 192; Ken Grzembski, Chief Parks Steward, AFSCME Union Local
192; Mary E. Rutan, Human Resources Director; the Civil Service Commission
agrees to take no action on this matter since the period granted for unpaid leave
has expired.
The motion dies for lack of support
Ms. Rutan reiterated that Mrs. Graham's and the Union's assumption are that once a medical
leave is granted, the person is entitled to a full twelve (12) weeks. The City's position, however, is
that once a leave is granted, a continuing entitlement for leave is based upon objective medical
documentation.
Mr. Tatigian stated that the City did allow Mrs. Graham an 85 -day unpaid medical leave of
absence from April 1" through June 24th. Before it ended, they tried to get Mrs. Graham back to
work on June 1st. Mr. Campau disagreed, however, stating that the issue is whether or not the
Commission should rescind a leave of absence that has already expired and the issue concerning
denial of short-term disability which rests with the insurance administrator.
Ms. Rutan stated the Commission should clarify for the record, that while a medical leave of
absence may be granted, should subsequent medical documentation come forth identifying
further leave is not warranted, the approved leave terminates. She pointed out that the usual
Commission resolution approving an unpaid leave of absence always states 'that should the
physician medically release the employee to return to work before that date, they are to notify
their supervisor and coordinate a return to work examination."
Upon a motion by Mr. Campau, seconded by Mr. Tatigian, it was
RESOLVED, That having reviewed the memorandum of July 7, 2004, from Mary E.
Rutan, Human Resources Director, requesting to rescind a medical leave of
absence for Elsie Graham, Clerk I, Office of the City Clerk, and having had
discussion with Mrs. Graham; Mr. Graham; Yvonne Lillibridge, President, AFSCME
Page 10 1202"e Regular Meeting July 15, 2004
Union Local 192; Ken Grzembski, Chief Parks Steward, AFSCME Union Local
192; Mary E. Rutan, Human Resources Director; the Civil Service Commission
agrees to take no action on this matter since the expiration of the leave has
expired.
Ms. Mahoney questioned whether the resolution should be amended to include in the future
should the City determine to shorten a granted medical leave of absence, the rescinding be
brought to the Civil Service Commission. Ms. Mahoney stated there might be other instances.
Mr. Tatigian withdrew his motion to support the resolution.
Ms. Rutan stated that Mrs. Graham does not define her termination date by her letter of
resignation. Further, she stated that the employee cannot exclude the employers right to take
disciplinary action and discharge for failure to report. There is a need to educate all parties that
the contract of employment binds both the employee and the employer and that if there is
objective medical evidence, and an employee is asked to come back to work and they refuse,
they are subject to suspension, demotion, and/or removal. Ms. Rutan continued that she was
seeking direction in this case so that employees may understand that the employer does, in fact,
have the right.
Mrs. Graham stated that the contract states that 45 weeks is the maximum for the short-term
disability benefit, so there must be some kind of inference that you can be gone for 45 weeks
because of a serious illness. Mrs. Graham agreed that she resigned; she just didn't like the idea
of them rescinding something that was given to her by the Civil Service Commission. She slated
she gave eight (8) years to the City and did the best job that she could, came in when she didn't
feel like it, and then she felt like she was treated like she was not worthy of having the job.
Mr. Tatigian stated he respected Mrs. Graham's physical infirmity, but the fact is, Mrs. Graham
was an employee of the City and when she didn't show up, other people in the office had to do
her job as well as their own job. The City carried on and it appeared that the City gave her every
opportunity and extended all the benefits that were available.
The Chairperson stepped down to second the following motion:
Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and adopted, it was
RESOLVED, That having reviewed the memorandum of July 7, 2004, from
Mary E. Rutan, Human Resources Director, requesting to rescind a medical leave
of absence for Elsie Graham, Clerk I, Office of the City Clerk, and having had
discussion with Mrs. Graham; Mr. Graham; Yvonne Lillibridge, President, AFSCME
Union Local 192; Ken Grzembski, Chief Parks Steward, AFSCME Union Local
192; Mary E. Rutan, Human Resources Director; the Civil Service Commission
does hereby amend the prior action to approve Mrs. Graham's unpaid medical
leave of absence from April 1, 2004 to June 14, 2004, her effective date of the
termination.
AYES: Tatigian and Mahoney NAY: Campau
Page 11 1202.4 Regular Meeting July 15, 2004
Ms. Mahoney informed Mrs. Graham that her letter presented in confidence to the Commission,
would be given to Ms. Rutan and The Accident Fund. Ms. Rutan informed the Commission that
there is an appeal process on the short-term disability, and Mrs. Graham would be notified of the
procedure. Mr. Graham stated he wanted a letter of termination and her vacation pay now since
she's been fired. Ms. Mahoney reiterated that Mrs. Graham was not fired, she resigned. Mr.
Graham and Mrs. Graham left the meeting.
Upon a motion by Mr. Tatigian, seconded by Mr. Campau and unanimously adopted, it was
RESOLVED, That having reviewed the letter of July 8, 2004, from Maureen
Gordon, Clerk -Typist II, as approved for submission by Kathleen Monroe, City
Librarian, requesting an extension of an unpaid medical leave of absence, and
having had discussion with Mary E. Rutan, Human Resources Director, the Civil
Service Commission does hereby approve an extension of an unpaid medical
leave of absence for Ms. Gordon for four (4) weeks from July 19, 2004 through
August 19, 2004;
AND BE IT FURTHER RESOLVED, That should Ms. Gordon's physician medically
release her to return to work prior to that dale, that 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 August 2004.
Upon a motion by Mr. Tatigian, seconded by Mr. Campau and unanimously adopted, it was
RESOLVED, That the Civil Service Commission does hereby approve the eligible
list for Account Clerk (1186 p.).
Discussion commenced regarding the submission of Departmental and Union/Management
grievance related documentation to the Civil Service Commission. Ms. Rutan proposed the Civil
Service Commission direct the Civil Service Department to issue a policy statement requesting
that both Management and Unions submit all grievance related documentation to the Civil Service
Commission the Thursday preceding the regular meeting. The Civil Service Department staff will
copy all documentation, present it to the Civil Service Commission, as well as provide a copy to
Union and Management. Further, no additional information be presented the night of the
meeting. Should addendum items wish to be considered, the Civil Service Commission may table
the hearing of the grievance to permit both sides to review the addendum information before the
grievance is heard at the next regular meeting. Mr. Tatigian inquired why the Commission would
table the matter. Ms. Rutan explained that at the last month's meeting, a significant amount of
information was presented by the Union concerning a grievance that Management had not seen
before. Mr. Tatigian stated that the Commission should have the discretion to decide to table an
item and that mandatory tabling of an item may delay the handling of the grievance. Ms.
Mahoney stated that given the volume of information the Commission receives, it should be
received ahead of time. Mr. Tatigian reiterated that he didn't think tabling it should be mandatory;
it should be at the Commission's discretion. He added that setting the Thursday deadline is fine,
however, each side should have the opportunity to present additional documents at the time of
the hearing. Ms. Rutan stated that if there is only a single document, the opposing party has no
ability to review and comment on that document. Furthermore, the recording secretary has no
reference for the minutes. Ms. Mahoney added that any documents that are to be presented the
Page 12 1202.4 Regular Meeting July 15, 2004
night of the Civil Service Commission meeting need to be copied in enough volume for all parties
to have a copy. Mr. Campau discussed having all the Unions meet and come up with a common
grievance form because they lack detail, and are not uniform. The Commission referred this
matter to the Department staff for a status report on the improvement of this procedure. Ms.
Rutan stated she would request a sample grievance form from each Union and distribute them to
every Union president, to review and seek consensus on an acceptable uniform format and
presentation guidelines.
Upon a motion by Mr. Tatigian, seconded by Mr. Campau and unanimously adopted, it was
RESOLVED,
That having reviewed the
Proposed amendment to
Civil
Service
Commission
RULE 6, MEETINGS OF
COMMISSION, Section
6.1
Regular
Meetings, the Civil Service Commission
does hereby approve the
posting for
employee review and comment of the proposed revision to
Civil
Service
Commission
RULE 6, MEETINGS OF
COMMISSION, Section
6.1
Regular
Meetings.
The Commission received and filed the following items:
Council Resolution from the meeting of June 16, 2004, with minutes being approved
July 7, 2004:
CR# 270-04 Authorizing the Revised Unemployment Compensation Group Account
Membership Agreement from the Michigan Municipal League, subject to approval
as to form by the Department of Law, and to do all other things necessary or
incidental to the full performance of this resolution.
CR# 208-04 Approving the recommendation of the Civil Service Commission for an
amendment to the Classification of Positions Plan for the establishment of the
Temporary or Casual/At Will Classification of Police Vehicle Maintenance
Coordinator for the Division of Police, with the compensation to be $18.00 per hour
for the first year and $18.25 per hour for the second year of employment with the
only benefit provided being holiday pay at the completion of 480 hours.
Affirmative Action Report for June 2004
Upon a motion by Mr. Campau, seconded by Mr. Tatigian and unanimously adopted, it was
RESOLVED, That the meeting be adjourned at 7:00 p.m.
Gretchen Guisbert, Secretary III
Charlotte S. Mahoney, Chairperson
Harry C. Tatigian, Commissioner
Ronald E. Campau, Commissioner