Loading...
HomeMy WebLinkAbout1207th CSC MEETING1207th REGULAR MEETING OF THE CIVIL SERVICE COMMISSION The 1207th Regular Meeting of the Civil Service Commission was held on Thursday, December 2, 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: Fred Benson, Retiree, Livonia Police Department David Benson, Park Maintenance Worker III Kenneth Grzembski, Chief Parks Steward, AFSCME Union Local 192 Walter Krause, Water Foreman Yvonne Lillibridge, President, AFSCME Union Local 192 Kevin Roney, Public Utility Manager Steven Schoonover, Roads Section Steward, AFSCME Union Local 192 Cheryl Wallman, Chief Clerical Steward, AFSCME Union Local 192 Brian Wilson, Assistant Superintendent of Public Service David Woodcox, Director of Inspection Robert F. Biga, Human Resources Director Derrick L. Washington, Personnel Analyst II Gretchen Guisberl, Secretary III The Commission welcomed Mr. Biga as the new Human Resources Director. Upon a motion by Mr. Campau, seconded by Mr. Tatigian and unanimously adopted, it was RESOLVED, That the minutes of the 1206'^ Regular Meeting held Wednesday, November 10, 2004, be approved as submitted. The Commission received and fled the Status of Temporary Employees Report for December 2004. The Commission received and fled the Non -Resident Report as of December 1, 2004. Upon a motion by Mr. Tatigian, seconded by Mr. Campau and unanimously adopted, it was RESOLVED, That having reviewed the letter of November 8, 2004, from Roger Degen, Senior Police Officer, as approved for submission by Robert Stevenson, Police Chief, requesting an extension of the three-year retirement limit for excess vacation accrual, the Civil Service Commission does hereby approve this request with the understanding that Mr. Degen be required to not exceed forty-one (41) eight (8) hour accrued vacation days as of December 31, 2004, 2005 and 2006, which will then pennit the maximum accrual of sixty-eight (68) eight (8) hour vacation leave days, including nine (9) bonus days for payout purposes in anticipation of his retirement date on or before December 2, 2007. Upon a motion by Mr. Campau, seconded by Mr. Tatigian and unanimously adopted, it was Paget 1207th Regular Meeting December 2, 2004 RESOLVED, That having reviewed the letter of November 10, 2004, from Walter Krause, Water Foreman, as approved for submission by Robert J. Beckley, Director of Public Works, requesting an increase to the December 31, 2004 accrual limit of thirty-five (35) days, the Civil Service Commission does hereby approve this request to carry over seventy-two (72) excess vacation hours into 2005, with the understanding that these hours will be used in 2005, which will keep Mr. Krause within normal limits for payout purposes on December 31, 2005 in anticipation of his retirement date on or before September 25, 2006. Upon a motion by Mr. Campau, seconded by Mr. Tatigian and unanimously adopted, it was RESOLVED, That having reviewed the Departmental Correspondence of November 9, 2004, from John Bargowski, Firefighter, as approved for submission by Alan W. Brondemihl, Jr., Fire Chief, requesting additional Family Illness leave, 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 Mr. Tatigian, seconded by Mr. Campau and unanimously adopted, it was RESOLVED, That having reviewed the letter of November 12, 2004, from David Woodcox, Director of Building Inspection, requesting a promotional examination for Environmental Control Officer 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 the announcement, have: Regular status as a Code Enforcement Officer; and At least three (3) years full-time work experience in environmental control and ordinance enforcement. PARTS OF EXAMINATION AND WEIGHTS 100% Interview` 'In the event there is only one qualified applicant for the position, the Parts and Weights will be changed to 100% Departmental Rating. Candidates must pass the Interview or Departmental Rating in order to be placed on the eligible list. Upon a motion by Mr. Tatigian, seconded by Mr. Campau and unanimously adopted, it was RESOLVED, That having reviewed the letter of November 12, 2004, from David Woodcox, Director of Building Inspection, requesting an open -competitive Page 3 1207th Regular Meeting December 2, 2004 examination for Code Enforcement Officer 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 By the closing date of the announcement, an applicant must: Be a citizen of the United States or an alien with the right to work in the United States; and Have a high school diploma or its equivalent; and Possess and maintain a valid drivers license; and Have either: a. One (1) year full-time, paid experience in inspection work, dealing with codes and/or law enforcement, or b. Completion of at least twenty (20) hours in law enforcement or psychology at an accredited college or university. NOTE: Applicants must have the ability to meet and deal effectively with the public and to be able to write clear, concise reports. It is also desirable that applicants have mathematical ability and mechanical aptitude. PREFERENCE WILL BE GIVEN TO CANDIDATES WHO ARE QUALIFIED TO BE REGISTERED AS A BUILDING INSPECTOR IN ACCORDANCE WITH PUBLIC ACT 54 OF 1986. PARTS OF EXAMINATION AND WEIGHTS Interview -100%' 'NOTE: In the event the number of qualified applicants exceeds fifteen (15), an evaluation will be made of the applicants and the fifteen (15) applicants with the most appropriate and responsible combination of experience and training will be invited to the Interview. Candidates must pass the Interview in order to be placed on the eligible list. Discussion commenced regarding the announcement of Building Mechanic IV — HVAC. Robert Biga, Human Resources Director suggested recruitment at the Building Mechanic III level instead of the proposed Building Mechanic IV — HVAC level, which dropped the State of Michigan Mechanical Contractor's License with a minimum of classification codes #2 (HVAC equipment), #6 (Unlimited heating service) and #7 (Limited Refrigeration and Air Conditioning Service). Brian Wilson, Assistant Superintendent of Public Service, stated that the Department has been in front of the Commission twice in an attempt to fill this position. The first time neither of the two candidates were qualified for the position and the second time, of the three candidates; one was not qualified, one was borderline and one candidate was offered the position, but later declined. Mr. Wilson continued that the pay level may be an issue and that may be a reason to add the benefit range under the salary range to give potential candidates a true understanding of the total benefit package. Mr. Tatigian clarified that the Department's request was to approve the announcement with the deleted requirement for State of Michigan Mechanical Contractor's License. Derrick Washington, Personnel Analyst II, stated the Civil Service Department was not recommending their request, but suggested modifying the job Page 1207th Regular Meeting December 2, 2004 description of work of the Building Mechanic III position and use the same basic qualifications. Mr. Wilson stated the difficulty was the salary. He continued that there is a pool of potential candidates that do not have the license but are working in the heating and cooling business under the company's license. Mr. Tatigian expressed concern that a person may not be qualified. Mr. Wilson replied that the previous requirement was that the individual would later obtain the license. Kevin Roney, Public Utility Manager, added that the Department's concern was that they would go through the whole process again and not end up with a candidate that they could hire because of the salary. Ms. Mahoney inquired by removing the licensing requirement, why would that make the salary any better. Mr. Roney responded that it would give a greater pool of potential candidates. Mr. Tatigian inquired if this matter could be held over for another month to allow time for the Department to meet with Mr. Biga to further discuss this matter. Mr. Campau inquired if there were any Building Mechanic III employees. Mr. Wilson responded there was one employee in a Temporary position right now. Mr. Wilson confirmed that a Building Mechanic III did not require a license. Mr. Wilson explained that this position would be for the Recreation Center for equipment that is now out of warranty. Mr. Washington stated that the slight difference in wage would likely result in the same level of candidate. Ms. Mahoney clarified that the Civil Service Department would be recommending that the position be filled as a promotional opportunity once the candidate would obtain the license and leave the Building Mechanic IV — HVAC as it stands. Mr. Roney stated that the person they hire would be working at the IV level. He continued that there is a lot of equipment that needs the care. Upon a motion by Mr. Campau, seconded by Mr. Tatigian, it was RESOLVED, That having reviewed the letter of November 18, 2004 from Robert J. Beckley, Director of Public Works, and Kevin Roney, Public Utility Manager, requesting an open -competitive examination for Building Mechanic IV — HVAC and proposed qualifications and parts of examination and weights, and having had discussion with Kevin Roney, Public Utility Manager; Brian Wilson, Assistant Superintendent of Public Service; Yvonne Lillibridge, President, AFSCME Union Local 192; Robert Biga, Human Resources Director; and Derrick Washington, Personnel Analyst II, the Civil Service Commission does hereby approve the following qualifications and parts of examination and weights: QUALIFICATIONS By the closing date of the announcement, applicants must: 1. Be a citizen of the United Stales or resident alien with the right to work in the United States; and 2. Have a high school diploma or a valid equivalency certificate; and 3. Have five (5) years full-time paid experience in the heating and air conditioning trade, three (3) years of which have been in responsible commercial or industrial work within the last ten (10) years; and 4. Possess and maintain a valid drivers license and have an acceptable driving record; and 5. Possess or be eligible for a valid Industrial Truck Driving Permit for the operation of a forklift. Pages 1207th Regular Meeting December 2, 2004 PARTS OF EXAMINATION AND WEIGHTS Written — 50% Interview — 50% Background Investigation — Pass/Fail Ms. Mahoney inquired if the Union had any comment on this. Ms. Lillibridge stated they reviewed the qualifications and inquired if they need to have the license to do the job. Ms. Mahoney stated that it would take away forever the right to ask for the license for that job. Ms. Mahoney stated that her only concern was that there is expensive equipment to be worked on, and she would be concerned if individuals could not pass the test relative to the kind of work that is required. Mr. Campau inquired if the work could be subcontracted. Mr. Roney stated different subcontractors are utilized to do some of the bigger, more complex tasks even when there is a Building Mechanic IV. Mr. Biga expressed concern in reducing a qualification for a job when the pay rate was set based upon those qualifications. If you lessen the classification by reducing the qualifications, it should be filled at a lower level. He recommended filling it at the Building Mechanic III level and offering the Building Mechanic IV as a promotional opportunity, when the person obtained the proper license. Mr. Biga suggested the use the qualifications #1 through #5 and not include the certification, to recruit at the Building Mechanic III level and leave the Building Mechanic IV alone and then promote up to that if the person has completed the probationary period. Mr. Biga further explained that the Department would eliminate the qualification making the qualifications lower, and they would not require the person hired gel the certifications and recruit at the same pay level. Mr. Biga's opinion was that you would get the same pool of applicants. Mr. Tatigian withdrew his support based on that explanation, and his belief that the difference in wage was not significant enough. Ms. Lillibridge then asked if the job description for the Building Mechanic IV — HVAC would, in fact, be for the Building Mechanic III to qualify staff, and if it was, the union would reject the job description. Mr. Wilson responded that if the concern is dropping the paragraph about obtaining the State of Michigan Mechanical Contractors License, the Department could live with that staying in the job qualifications. Mr. Tatigian suggested offering the Building Mechanic IV — HVAC with the qualification of the state -licensing requirement and approve a Building Mechanic III. Mr. Wilson asked if that would mean administering two examinations for the Department. Mr. Biga replied that it would. Mr. Campau inquired what the salary range was outside the City of Livonia. Mr. Roney said they attempted to look at this and got information from five or six other places, not just municipalities, but private sector, and based upon the description of our work vs. their descriptions of work, it was kind of apples and oranges. Mr. Roney said that it was probably around $5,000 to $7,000 a year more to get a good qualified Building Mechanic IV — HVAC with the licensing. Mr. Woodcox, Director of Building Inspection, stated just because someone has a license doesn't mean that they are the most qualified person; there are plenty of HVAC workers that could satisfactorily do this job without the license. Mr. Tatigian suggested revising Page 12D7th Regular Meeting December 2, 2004 the language to read "it would be preferred that the individual hired will be required to obtain a Stale of Michigan Mechanical Contractors License with a minimum of classification codes #2 (HVAC equipment), #6 (Unlimited heating service) and #7 (Limited Refrigeration and Air Conditioning Service)." Upon a motion by Mr. Campau, seconded by Mr. Tatigian and unanimously adopted, it was RESOLVED, That having reviewed the letter of November 18, 2004 from Robert J. Beckley, Director of Public Works, and Kevin Roney, Public Utility Manager, requesting an open -competitive examination for Building Mechanic IV — HVAC and proposed qualifications and parts of examination and weights, and having had discussion with Kevin Roney, Public Utility Manager; Brian Wilson, Assistant Superintendent of Public Service; Yvonne Lillibridge, President, AFSCME Union Local 192; David Woodcox, Director of Building Inspection; Robert Biga, Human Resources Director; and Derrick Washington, Personnel Analyst II, the Civil Service Commission does hereby approve the following qualifications and parts of examination and weights: QUALIFICATIONS By the closing date of the announcement, applicants must: Be a citizen of the United Stales or resident alien with the right to work in the United Slates; and Have a high school diploma or a valid equivalency certificate; and Have five (5) years full-time paid experience in the heating and air conditioning trade, three (3) years of which have been in responsible commercial or industrial work within the last ten (10) years; and Possess and maintain a valid driver's license and have an acceptable driving record; and Possess or be eligible for a valid Industrial Truck Driving Permit for the operation of a forklift. The individual hired will be required to obtain a State of Michigan Mechanical Contractors License with a minimum of classification codes #2 (HVAC equipment), #6 (Unlimited heating service) and #7 (Limited Refrigeration and Air Conditioning Service). PARTS OF EXAMINATION AND WEIGHTS Written — 50% Interview — 50% Background Investigation — Pass/Fail Derrick Washington stated that as the Analyst for the examination, he would recommend opening the Building Mechanic III as an open -competitive also, whether or not they hire from the list. Upon a motion by Mr. Tatigian, seconded by Mr. Campau and unanimously adopted, it was Page 7 1207th Regular Meeting December 2, 2004 RESOLVED, That having had discussion regarding a request for an open - competitive examination for Building Mechanic III and proposed qualifications and parts of examination and weights, and having had previous discussion with Kevin Roney, Public Utility Manager; Brian Wilson, Assistant Superintendent of Public Service; Yvonne Lillibridge, President, AFSCME Union Local 192, and David Woodcox, Director of Building Inspection, the Civil Service Commission does hereby approve the following qualifications and parts of examination and weights: QUALIFICATIONS By the closing date of this announcement, applicants must: Be a citizen of the United States or resident alien with the right to work in the United States; and Have a high school diploma or a valid equivalency certificate; and Have five (5) years full-time paid experience within the last ten (10) years in the building maintenance and heating and cooling trades performing building mechanic and heating and cooling work. A two-year Associate's Degree in Applied Science specializing in heating and cooling may be counted towards the five (5) year full-time paid work experience requirement; and Possess and maintain a valid drivers license and have an acceptable driving record; and Must have or be eligible for a valid Industrial Truck Driving Permit for operation of a forklift. PARTS OF EXAMINATION AND WEIGHTS Written Test -50% Interview -50k' Background Investigation — Pass/Fail 'NOTE: A maximum of twenty-five (25) qualified applicants with the highest passing score on the Written Test will be invited to the Interview part of the examination. Applicants must pass the Written Test, Interview, and Background Investigation parts of the examination in order to be placed on the eligible list. There were no reported expiring eligible lists for January 2005. 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 Property Appraiser 11 (1199 p.). 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 Assistant City Assessor (1200 p.). Page 8 1207th Regular Meeting December 2, 2004 The Commission received and filed the following items: Council Resolution from the meeting of November 10, 2004 with minutes to be approved November 22, 2004: CR# 529-04 Accepting the quoted price of ITT Hartford Insurance, Hartford Plaza, Hartford, Connecticut 06115, to provide life insurance at the rate of $.180 (Life Insurance) and $.02 (Accidental Death and Dismemberment) per $1,000 payroll per month, this being the lowest quote received; FURTHER, authorizing an agreement between the City of Livonia and ITT Hartford Insurance to buy Life Insurance coverage at these rales for a three year period ending November 30, 2007; FURTHER, authorizing this purchase without competitive bidding. Affirmative Action Report for November 2004. Kenneth Grzembski, Chief Parks Steward, commenced discussion regarding AFSCME Union Local 192 Grievance #04-22, dated November 3, 2004, from David Benson, regarding AFSCME Union Local 192 Contract, Article 11, DISCIPLINARY PROCEDURE, Paragraph A, Reprimands. Mr. Grzembski requested to present a memo dated October 10, 2002, from Doug Moore, Parks and Forestry Supervisor to David Benson, Park Maintenance Worker III, to the Commission. Mr. Grzembski stated that on October 4, 2004, the grievant, David Benson, Parks Maintenance Worker III, reviewed his Civil Service Department personnel file with Fred Benson, Mary Rutan, Human Resources Director, and Derrick Washington, Personnel Analyst II. On the top of his file was the memorandum and Ms. Rutan explained that these were expired disciplinary actions that were no longer retained in the personnel file but were still fled elsewhere. The grievant reviewed his file and noticed only one attendance reprimand in it. On October 6, 2004, the grievant reviewed his departmental file with Marcia Reiser, Program Supervisor, present. Two disciplinary actions dated January 21, 2002 and September 19, 2002 and the memo were in his file. There was also a letter dated February 6, 1997 in his file. The grievant requested that these items be removed and was told by Ms. Reiser that she could not do that. Mr. Grzembski continued that the employee personnel file is important since it is used in decisions for promotional opportunities. He cited during the spring 2001 Foreman test, a letter authored by a former employee was in the grievant's departmental personnel file without his knowledge. The grievant felt that this may have had an affect on his departmental rating for that test and for one subsequent Foreman examination. It is the union's belief that none of these items should be in the departmental personnel file and that file should mirror the Civil Service Department personnel file. Mr. Grzembski continued that the disciplinary actions cited were written reprimands with a suspension as a punishment, and should be removed, as they were from the Civil Service Department personnel file. Mr. Grzembski referenced AFSCME Union Local 192 Grievance #42-95 where a decision was rendered to remove a letter, which wasn't disciplinary in nature, from that file. Brian Wilson, Assistant Superintendent of Public Service, stated the AFSCME Union Local 192 contract does not stipulate a period of time where a letter of suspension is removed from the employee's file. He cited an arbitration confirming the decision to remove letters of suspension, demotions or discharges. He also referenced a grievance in 2000 regarding the Page 1207th Regular Meeting December 2, 20N same matter. He stated that the February 6, 1997 letter was inadvertently filed and has since been removed from Mr. Benson's file. Mr. Wilson stated the memo that was handed to the Commission for tonight's meeting was not disciplinary in nature. Grievance #42-95 had to do with the item in question in the employee's file and was construed to be a reprimand and the Commission Rules stated that time limits should follow. Ms. Mahoney clarified that the letter that was written by an employee has been removed; therefore, it was no longer a grievance matter. Mr. Grzembski stated the concern was the damage that may have already been done. Ms. Mahoney further clarified that the memo and the suspension memo are not in the Civil Service Department personnel file. Mr. Campau inquired if the department kept duplicate files. Mr. Wilson confirmed that the department did keep letters of suspension. All persons agreed that the Civil Service Commission was the official personnel file. Derrick Washington, Personnel Analyst II explained that the Civil Service Department policy was to follow the contract or the Bullard-Plawecki Act if the contract did not stipulate what should be in the file. Robert Biga, Human Resources Director, stated that if a letter of suspension had been removed from the file, then it had been done incorrectly. He continued by stating letters of suspension are permanent and should never be removed from the file and letters of reprimand can be removed in accordance with the contract, which is eighteen (18) months. He confirmed that there is only one official personnel file and that is the Civil Service Department personnel file and what the department puts in their personnel file is up to them. He added if an employee has an objection to something in their file, they have the right to attach a note to it. Fred Benson, retiree, stated that Ms. Rutan was present when David Benson reviewed his file and at that time she had explained to him that certain documents were removed from the file because the Bullard-Plawecki law dictated that they be removed. However, they are kept in the custody of the City of Livonia, just not a part of his personnel file. Mr. Tatigian stated he would like to see the language in the contract that mandates the removal of letters of suspension. Mr. Grzembski responded that it regards letters of reprimands. Mr. Grzembski again referenced Grievance #42-95 and the letter dated 1996 from Mr. Beckley, Director of Public Works, which ordered the letter taken out. Mr. Biga explained that the reason that particular letter was removed was the Commission felt that after reviewing the letter it was a written reprimand, even though it does not specifically state it was a written reprimand, and as a consequence, it would be removed from the file after eighteen (18) months. Therefore, since the Commission says it was essentially a written reprimand, it was removed from the file. Mr. Tatigian clarified that what the union was seeking was to remove the two suspensions and the memo from the grievant's file. Mr. Tatigian asked why the memo was in the departmental file. Mr. Wilson responded that it was a follow up memo to a sit down meeting. Cheryl Wallman, Chief Clerical Steward, AFSCME Union Local 192, inquired if the Civil Service Commission and the Human Resources Director said that a suspension was not a disciplinary action. Mr. Tatigian clarified they said it is. The contract does not specifically state they come out. Mr. Grzembski stated that some personnel files may have letters of suspension still in them and some may not. Ms. Mahoney stated the suspension letters are currently in David Benson's departmental file and according to Mr. Biga, the department can keep those in there as long as they choose. Fred Benson stated there is one official file and it is the one retained in the Civil Service Department. Fred Benson's contention was that the only reason why David was at the meeting was because he saw two files with different documents in both files. Mr. Wilson stated he reviewed the department's archives. All the letters of suspension are in the departmental files for current and previous employees. Mr. Biga stated he needed to verify Page 10 1207th Regular Meeting Deeember2, 2004 that the suspensions have been removed from the Civil Service Department personnel file. As far as a secondary file for disciplinary actions being removed, he stated he would find out if that does indeed exist and inform the Chairperson as to what will happen with those. As far as the department files are concerned, those were expunged from the files as they became known. Suspensions were never removed from the personnel file as evidenced by Mr. Wilson's comment. They should not be removed from the Civil Service Department. As far as going back and replenishing files, he didn't want to do that. Ms. Mahoney stated the union was asking the Commission to direct that the disciplinary letters be removed from departmental files and the Commission didn't have the right to do that. David Benson thanked the Commission for their time. He also asked to clarify some things; namely, if his file was reviewed tomorrow and the suspensions were no longer in his file, would those letters be put back in his file. Mr. Biga stated he was reluctant to say that they had been removed from his file without looking at the file. If they were done so, they were done incorrectly. He stated he would go through the rest of the file to try and figure out if there is a missing letter. If something was discovered missing that should be in the file, it would be replaced. If a letter was not supposed to be in the file, it would be removed. Ms. Mahoney restated that if there are other letters fled with David Benson's that should be replaced to employee files, they would be replaced, but the Civil Service Department would not be going through each personnel file. Upon a motion by Mr. Campau, seconded by Mr. Tatigian and unanimously adopted, it was RESOLVED, That having reviewed AFSCME Union Local 192 Grievance #04-22, dated November 3, 2004, from David Benson, regarding AFSCME Union Local 192 Contract, Article 11, DISCIPLINARY PROCEDURE, Paragraph A, Reprimands, and having had discussion with Kenneth Grzembski, Chief Parks Steward; Brian Wilson, Assistant Superintendent of Public Service; Cheryl Wallman, Chief Clerical Steward; David Benson, Parks Maintenance Worker III; Fred Benson, Retiree; Robert Biga, Human Resources Director, and Derrick Washington, Personnel Analyst II, the Civil Service Commission does hereby deny the grievance. Upon a motion by Mr. Tatigian, seconded by Mr. Campau and unanimously adopted, it was RESOLVED, That the meeting be adjourned at 5:55 p.m. Gretchen Guisbert, Secretary III Charlotte S. Mahoney, Chairperson Harry C. Tatigian, Commissioner Ronald E. Campau, Commissioner