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HomeMy WebLinkAbout1223rd csc minutes1223rd REGULAR MEETING OF THE CIVIL SERVICE COMMISSION The 1223rd Regular Meeting of the Civil Service Commission was held on Wednesday, April 26, 2006. The meeting was called to order at 5:30 p.m. Members Present: Also Present: Coline Coleman, Accountant II Edwin Hoffman, Chief Roads Steward, AFSCME Union Local 192 Cynthia Lane, Clerk I Kathleen Monroe, City Librarian Roger Ponder, AFSCME Union Local 192 Executive Board Judy Priebe, Program Supervisor Kevin Roney, Public Utility Manager Michael Rusnak, Firefighter Harry C. Tatigian, Chairperson Ronald E. Campau Charlotte S. Mahoney Gerald Sabo, Assistant Chief Accountant Sharon Sabo, Account Clerk III Steven Schoonover, Equipment Operator II Val Vandersloot, City Clerk 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 Guisbert, Secretary III Upon a motion by Mr. Campau, seconded by Mr. Tatigian and unanimously adopted, it was 06-72 RESOLVED, That the minutes of the 1222nd Regular Meeting held Wednesday, March 15, 2006, be approved as submitted. Gerald Sabo, Assistant Chief Accountant, presented comments from the Finance Department regarding the City of Livonia Policy Regarding Donated Vacation Time. Mr. Sabo discussed some of the items as follows: 1. The recipient employee must use all of their own accumulated vacation, sick leave and personal business leave before using any donated time. The Finance Department feels they would leave this up to the Civil Service Commission because an employee has to go before the Commission whatever their choice is. 2. Only vacation time may be donated to another employee. The Finance Department agrees with this. 3. All donated time will be converted based upon the applicable pay rete of the donor and the amount of time donated. That figure will be divided by the recipient's hourly rate to determine the number of hours credited to the recipient's vacation bank. Page 2 1223'° Regular Meeting Apn126, 2006 The Finance Department strongly objected to this item, stating that since 1993 there have only been seven (7) cases. The first three (3) cases were treated donating hour for an hour. The last four (4) cases were basically treated as donating dollar for dollar i.e., the donated vacation time was valued based on the donors rate of pay and converted to vacation hours using the recipient's rate of pay. He continued that banks are kept hour for hour and they are not related to a pay rate with the biggest problem being if any of the time is returned, the return would be impractical. Mr. Sabo stated there are many temporary pay rates with people working in different classifications and this would be a nightmare for the Accounting Department to calculate. Mr. Sabo further staled that the Finance Department would prefer to leave it as it was before, donating hour for an hour. 5. In the event the recipient does not return to work and terminates City employment for any reason, all remaining donated time in the vacation bank will be returned to the donors on a prorated basis. Time returned will be rounded to the nearer quarter hour. Mr. Sabo stated that he doesn't know how other people feel, but he looks at this as a gift, he doesn't look for the time to be returned. He also stated he didn't care if they come back to work and didn't use all the time because they may need it in the future. Ms. Mahoney recommended that Mr. Biga review some of the items, such as needing a minimum time, if there is only one hour left, nobody is going to do the calculations. She suggested that Mr. Biga reevaluate this and come back with new recommendations. Ms. Mahoney requested a review of which hour in the bank is used; whether it was the donated time or the employee's accrued time. Ms. Mahoney clarified that no time could be used until the recipient's bank was empty. Robert Biga, Human Resources Director, stated he put a list of donated hours for Cheryl Altis into a spreadsheet and proceeded to do a couple of calculations. The calculations took all of about 30 seconds and he also did another calculation to determine what would occur if some of the hours were returned. He stated it doesn't take that long to do a distribution. He agreed with Mr. Sabo that there should be a minimum amount going back, due to the amount of entries this would entail and it would be appropriate to have a minimum being returned. Mr. Biga stated returning hours should be calculated on a pro -rated basis. He further stated the calculation he conducted was based on what percentage of the total donated time was contributed from each person. He indicated that is how he would redistribute it back if the time was not needed. Coline Coleman, Accountant II, referred to item 3, regarding using donated vacation time before any newly accumulated time, stating this would be difficult for the Department to track and she inquired if there was a method to track this. Mr. Biga agreed with Ms. Coleman's comments but added what could be done is look at the balance in a bank at any given time and the first amount of time that is deducted would be the hours that were donated. Accumulated time while the employee was off could be utilized after all the donated time is deducted. Ms. Coleman replied that this would have to be a manual process and that since there was no financial impact to the City, inquired if it was necessary. Ms. Sabo stated that a vacation day is a vacation day. Mr. Biga responded that he attempted to calculate this on a Page 3 1223' Regular Meeting Apn126, 2006 first -in, first -out basis. Mr. Campau inquired if these were dated and clarified that you accumulate a day a month. Ms. Coleman explained that employees are allowed to carry vacation time over at the end of the year and if the time is earned at a lower rate of pay or lower step, but the time is taken the following year, they are paid at the rate that they are earning when it is taken. Mr. Biga replied the first hours used would be the hours donated. Ms. Coleman added that if someone is calculating this, there is the possibility for making an error. Mr. Biga responded that you could take a look at where the bank was at the time the person returned and then it could be calculated. Ms. Mahoney recommended that Mr. Biga work with the Finance Department on the issues that need to be dealt with. Upon a motion by Ms. Mahoney, seconded by Mr. Campau and unanimously adopted, it was 06-73 RESOLVED, That having reviewed the draft Policy regarding donated vacation time, and having discussion with Gerald Sabo, Assistant Chief Accountant; Coline Coleman, Accountant II and Robert F. Biga, Human Resources Director, the Civil Service Commission does hereby refer this back to Robert Biga to work with the Finance Department on the issues. At the written request of AFSCME Union Local 192, Grievance #05-39 was settled and is being removed from the Agenda. The Commission received and fled the Status of Temporary Employees Report for March 2006. The Commission received and fled the Non -Resident report as of April 1, 2006. Upon a motion by Ms. Mahoney, seconded by Mr. Campau and unanimously adopted, it was 06-74 RESOLVED, That having reviewed the letter of April 7, 2006, from Michael T. Slater, Director of Finance; James P. Andres, Chief Accountant; and Coline R. Coleman, Accountant II, transmitting the Use and Disclosure of Social Security Number Policy and Procedures, and having discussion with Robert F. Biga, Human Resources Director, the Civil Service Commission does hereby officially adopt the Use and Disclosure of Social Security Number Policy and Procedures. Mr. Campau referenced the requests to extend temporary employees and inquired how long the temporary positions can be extended. Mr. Biga replied that these jobs were previously posted and they can be extended for six (6) months. Mr. Campau inquired how many times they can be granted an extension and Mr. Biga replied indefinitely. He stated the pay rate for temporary employees was identical to permanent employees; they also would qualify for Page 1223' Regular Meeting Apn126,2006 unemployment compensation, workers' compensation, and holiday hours after 480 hours. Mr. Campau stated that the only difference in terms of cost to the City is in benefits. Mr. Campau responded that he was going to vote no on these items because he didn't think it is fair to the employees. Mr. Tatigian stated he would rather see the positions filled than have them vacant. The Chairperson stepped down and passed the gavel to Mr. Campau. Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian and adopted, it was 06-75 RESOLVED, That having reviewed the letter of March 17, 2006, from Kathleen Monroe, City Librarian, requesting an extension of a Temporary Clerk I position, the Civil Service Commission does hereby approve the extension for the Temporary Clerk I for six (6) months. AYE: Mahoney and Tatigian NAY: Campau 06-76 RESOLVED, That having reviewed the letter of April 17, 2006, from Robert J. Beckley, Jr., Director of Public Works, requesting an extension of a Temporary Clerk I position, the Civil Service Commission does hereby approve the extension for the Temporary Clerk I for six (6) months. AYE: Mahoney and Tatigian NAY: Campau 06-77 RESOLVED, That having reviewed the letter of April 17, 2006, from Val Vandersloot, City Clerk, requesting an extension of a Temporary Clerk -Typist I position, the Civil Service Commission does hereby approve the extension for the Temporary Clerk -Typist I for six (6) months. AYE: Mahoney and Tatigian NAY: Campau 06-78 RESOLVED, That having reviewed the letter of April 17, 2006, from David M. Woodcox, Director of Inspection, requesting an extension of a Temporary Clerk -Typist I position, the Civil Service Commission does hereby approve the extension for the Temporary Clerk -Typist I for six (6) months. AYE: Mahoney and Tatigian NAY: Campau Ed Hoffman, Chief Roads Steward, AFSCME Union Local 192, commented that he agreed that he would like to see people work, but if the positions are continually extended with temporary employees, they will never be filled with permanent employees and he requested the Commission take this under consideration. David Woodcox, Director of Inspection, initiated discussion regarding employing contracted Inspectors and stated the City could save money. The contracted employees are required to carry their own liability insurance. Currently the Department of Inspection has one contract Page 5 1223° Regular Meeting Apnl26, 2006 employee that pays for the liability insurance for all contracted inspectors through his company. Should something happen to him, the current contractors would be forced to obtain their own liability insurance, which can cost anywhere from $1,500 to $3,000 per year per individual. Ms. Mahoney inquired how the temporary positions would be filled. Mr. Biga replied that Mr. Woodcox would find someone that meets the qualifications for the job and then employ them on an at -will basis as a temporary employee to fill in for vacation replacements, sick leave replacements or supplement during busy seasons. Mr. Biga referenced the attachment to Mr. Woodcox's letter which indicates the average contracted employee works less than 100 hours per year. Mr. Woodcox added they are on-call, come in on short notice and typically are called in when someone is on an extended leave for vacation or illness. Mr. Woodcox stated that the problem arises with the Mechanical Inspectors -Electrical, Plumbing or HVAC Inspectors. The Department employs only one permanent employee of each and should they be off for any reason, inspections won't be performed. Ms. Mahoney stated the nature of these employees is really as a part-time temporary employee. Mr. Biga explained that temporary is a type of appointment, part-time is how many hours you work, so as a temporary employee they are not offered benefits. Ms. Mahoney inquired if these jobs needed to be posted. Mr. Biga responded they did not need to be posted. Derrick L. Washington, Personnel Analyst II, added this type of position is similar to the Substitute Librarians. These employees are on-call and come in due to staffing needs. Mr. Campau wanted to know if this would take away overtime hours for regular employees. Mr. WoDdcox stated he discussed this concept with John Dauffenbach, Inspection Department Steward, AFSCME Union Local 192 and Yvonne Lillibridge, President, AFSCME Union Local 192. Mr. Woodcox assured them if there were overtime issues they would address those concerns. Upon a motion by Mr. Campau, seconded by Mr. Tatigian and unanimously adopted, it was 06-79 RESOLVED, That having reviewed the letter of April 17, 2006, from David M. Woodcox, Director of Inspection, requesting to change contracted Inspectors to Temporary Employees and requesting the pay rate for these Temporary Employees of $25.13, and having discussion with David Woodoox, Director of Inspection; Robert F. Biga, Human Resources Director and Derrick L. Washington, Personnel Analyst II, the Civil Service Commission does hereby approve the request to change contracted Inspectors to Temporary Employees at a pay rate of $25.13 per hour, which is the maximum Step for these inspector classifications. Upon a motion by Mr. Campau, seconded by Ms. Mahoney and unanimously adopted, it was 06-80 RESOLVED, That having reviewed the Departmental Correspondence of March 22, 2006 from Cynthia Lane, Clerk I, as approved for submission by Linda McCann, Director of Community Resources, requesting Page 6 1223' Regular Meeting Apn126, 2006 permission to use six (6) sick leave days for Family Illness above the eight (8) days permitted in Civil Service Rules for 2006, the Civil Service Commission does hereby approve the use of six (6) additional eight (8) hour paid sick leave days, beyond the maximum eight (8) days allowed per calendar year in Civil Service Rule 25.2 (e). Upon a motion by Mr. Campau, seconded by Ms. Mahoney and unanimously adopted, it was 06-81 RESOLVED, That having reviewed letter of April 19, 2006, from Roger Ponder, AFSCME Union Local 192 Executive Board, regarding requests to donate vacation time to Cheryl Altis, Custodian, the Civil Service Commission does hereby approve the requests to donate vacation time to Ms. Altis, to be converted from their respective rates of pay to Ms. Altis' rate of pay as a Custodian, as needed, to cover a period of her current unpaid medical leave of absence, with the understanding that this leave is subject to the policy established by the Commission regarding use and credit of donated vacation time. Upon a motion by Mr. Campau, seconded by Ms. Mahoney and unanimously adopted, it was 06-82 RESOLVED, That having reviewed the letter of March 27, 2006, from Cheryl Altis, Custodian, as approved for submission by Robert J. Beckley, Jr., Director of Public Works, requesting an unpaid medical leave of absence, the Civil Service Commission does hereby approve an unpaid medical leave of absence from March 16, 2006 through May 5, 2006, pursuant to Civil Service Commission RULE 25, LEAVES, Section 25.5 Leaves of Absence. Upon a motion by Mr. Campau, seconded by Ms. Mahoney and unanimously adopted, it was 06-83 RESOLVED, That having reviewed the letter of March 31, 2006, from Chad Roth, Building Mechanic I, as approved for submission by Robert J. Beckley, Jr., Director of Public Works, requesting an unpaid medical leave of absence, the Civil Service Commission does hereby approve an unpaid medical leave of absence from February 14, 2006 through April 18, 2006, pursuant to Civil Service Commission RULE 25, LEAVES, Section 25.5 Leaves of Absence. Upon a motion by Ms. Mahoney, seconded by Mr. Campau and unanimously adopted, it was 06-84 RESOLVED, That having reviewed the letter of March 24, 2006, from Robert Stevenson, Police Chief, regarding the starting pay for Permanent Police Vehicle Maintenance Coordinator, and having discussion with Robert F. Biga, Human Resources Director, the Civil Service Commission does hereby approve the request for Mr. Ambers to start at Step 2 with an increase to Step 2.5 after the six-month probationary period, based upon his past experience and job performance. Page ] 1223° Regular Meeting Apnl26, 2006 Upon a motion by Mr. Campau, seconded by Ms. Mahoney and unanimously adopted, it was 06-65 RESOLVED, That having reviewed the letter of April 3, 2006, from Robert Stevenson, Police Chief, requesting a change in the hiring process for Police Service Aide, Police Officer II and Police Dispatcher, the Civil Service Commission does hereby approve the change in the sequence of tests for Police Service Aide, Police Officer II and Police Dispatcher to make the psychological evaluation and background investigation occur after the eligible list is established as is done in the Firefighter examination. The Commission received and fled the memorandum dated April 4, 2006, from Brian Wilson, Assistant Superintendent of Public Service to Ed Hoffman, Chief Roads Steward, AFSCME Union Local 192 regarding an extension of the Equipment Operator II temporary upgrade. Robert F. Biga, Human Resources Director, discussed that the City of Livonia has had the classification of Systems Analyst II for years and the proposed language would upgrade the qualifications. He added this is an opportunity to promote from within. Ms. Mahoney inquired if IT management in the Police Department was separate from the rest of the City's IT Department. Mr. Biga confirmed it was. Upon a motion by Mr. Campau, seconded by Ms. Mahoney and unanimously adopted, it was 06-66 RESOLVED, That having reviewed the letter of April 17, 2006, from Robert Stevenson, Police Chief, requesting a promotional examination for Systems Analyst 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: Have regular status in a permanent classification. Are employed in the Police Department of the City of Livonia. Have at least five (5) years full-time paid work experience in managing an IT infrastructure for a Police and/or Fire Department. Have experience in the management of a 911 Operations Center and a demonstrated knowledge of the 911 MSAG administration. Have experience in wireless networking, Computer Aided Dispatching, Field Based Reporting, Jail Management software and procedures, as well as the Microsoft software platform and Citrix software. NOTE: The successful candidate must have strong technical and interpersonal skills to lead a Computer Services Bureau and be able to work effectively with both civilian and uniformed Police personnel. Page B 1223° Regular Meeting April 26, 2006 PARTS OF EXAMINATION AND WEIGHTS Interview —100 Robert Biga, Human Resources Director, commented that the Department of Public Works is requesting a promotional examination for Equipment Operator II and wishes to use the same qualifications used previously. He stated Brian Wilson, Assistant Superintendent of Public Service, was present to answer any questions. Ms. Mahoney inquired if this was to fill the Equipment Operator II position that has been filled on a temporary basis. Mr. Wilson replied they do have an individual that is a permanent Equipment Operator I that is temporarily promoted to an Equipment Operator II in the Roads Section that the previous letter referenced. He stated this examination will give that person as well as others in the Department the opportunity to take an examination for Equipment Operator II, have the potential to obtain status, and have the potential for permanent and/or temporary vacancies that may come up in the future. Upon a motion by Mr. Campau, seconded by Ms. Mahoney and unanimously adopted, it was 06-87 RESOLVED, That having reviewed the letter of April 13, 2006, from Brian Wilson, Assistant Superintendent of Public Service and Robert J. Beckley, Jr., Director of Public Works, requesting a promotional examination for Equipment Operator 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: Employed in the Public Service Division of the Department of Public Works; and Have regular status in a permanent classification; and Are eligible for either a Temporary Instruction Permit (TIP) for, or have a valid Group "A" or "B" commercial Drivers License with Air Brake, and must have or be eligible for, a valid Industrial Truck Driving Permit for operation of a forklift. 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 Performance Test -80% Departmental Rating -20% Candidates must pass the Performance Test in order to be placed on the eligible list. Pursuant to AFSCME Local 192 PROMOTIONS 20.1b., in competitive examinations which include Page 9 1223' Regular Meeting Apri126, 2006 departmental ratings, the departmental rating from 0 to 100 will count as 20% of the examination score, but a rating of under 70 will not disqualify the candidate from continuing the testing process. There were no reported expiring eligible lists for the month of May 2006. Upon a motion by Mr. Carl seconded by Ms. Mahoney and unanimously adopted, it was 06-88 RESOLVED, That the Civil Service Commission does hereby approve the eligible list for Police Lieutenant (1219 p.). Upon a motion by Ms. Mahoney, seconded by Mr. Campau and unanimously adopted, it was 06-89 RESOLVED, That the Civil Service Commission does hereby approve the eligible list for Police Sergeant (1218 p.). Upon a motion by Mr. Campau, seconded by Ms. Mahoney and unanimously adopted, it was 06-90 RESOLVED, That the Civil Service Commission does hereby approve the eligible list for Police Service Aide (875 o.c.). Upon a motion by Ms. Mahoney, seconded by Mr. Campau and unanimously adopted, it was 06-91 RESOLVED, That the Civil Service Commission does hereby approve the eligible list for Police Officer II (877 o.c.). Receive and File: Council Resolutions of March 22, 2006 with minutes to be approved April 12, 2006: CR 118-06 RESOLVED, that the subject matter of the Great West Retirement Services Annual Report and Plan Review for the period ending December 31, 2005, presented to the City of Livonia Employees Retirement System Board of Trustees Meeting on March 22, 2005, is referred to the Committee of the Whole for informational purposes. CR 119-06 RESOLVED, that the subject matter of who has the authority to administer the Great West Defined Contribution Retirement Plan was referred to the Administration for a report and recommendation. CR 126-06 RESOLVED, that having considered a communication from the Mayor, dated March 2, 2006, wherein he has requested approval of the reappointment of Steve King, 15517 Surrey, Livonia, Michigan 48154, to the Page 10 1223'° Regular Meeting April26, 2006 Local Officers Compensation Commission for a seven-year term expiring April 2, 2013, pursuant to Section 2.48.020 of the Livonia Code of Ordinances, as amended, and Act No. 197 of the Public Acts of Michigan of 1975, as amended, the Council does hereby determine to take no further action with regard to this matter. b. Council Resolution of April 12, 2006 with minutes to be approved April 26, 2006: CR 165-06 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee, dated March 28, 2006, submitted pursuant to Council Resolution 95-06, in connection with the proposed upgrade of New World Computer Software, the Council does hereby accept the proposal of New World Systems, Inc., 888 Big Beaver Road, Suite 600, Troy, Michigan 48084, to provide the City with software upgrades (as detailed in a communication from the Director of Information Systems dated February 15, 2006), in the amount of $560,000.00; FURTHER, the Council does hereby authorize the Finance Department to purchase the necessary computer hardware and operating systems for this project under the State of Michigan bid pricing in an amount not to exceed $50,000.00, to solicit requests for proposals for third party Project Management Services, and to negotiate a proposed contract with BSBA for conversion of the tax system; FURTHER, the Council does hereby authorize the following amounts to be appropriated and expended from the following accounts as follows: Major Roads Fund (202) $ 29,200.00 Local Roads Fund (203) 58,400.00 Refuse Fund (205) 80,300.00 Community Recreation Fund (208) 43,800.00 Water and Sewer Fund (592) 197,100.00 Capital Projects Fund (401) 240,200.00 FURTHER, the Council does hereby approve the expenditure of $81,000.00 already budgeted for this purpose from Account No. 101-915-944-000 (General Fund — Information Systems); and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute a contract with New World Systems, and to do all other things necessary or incidental to the full performance of this resolution; FURTHER, the Council does hereby authorize such action without competitive bidding and is taken in accordance with Section 3.04.140D.2 and 4 of the Livonia Code of Ordinances, as amended. C. Letter of March 27, 2006 from Robert F. Biga, Human Resources Director, to Robert Stevenson, Police Chief, transmitting comments on the promotional tests for Police Sergeant and Police Lieutenant. d. Affirmative Action Report for March 2006 Page 11 1223^ Regular Meeting Agri126, 2006 Upon a motion by Ms. Mahoney, seconded by Mr. Campau and unanimously adopted, it was 06-92 RESOLVED, That having reviewed the letter of April 21, 2006, from Sean P. Kavanagh, City Attorney, requesting an open -competitive examination for Legal Stenographer I 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, applicants must: Be a citizen of the United States 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 a minimum of two years full-time paid legal secretarial experience within the five years preceding the closing date for filing applications; OR have five years of secretarial experience within the last ten years; OR have an Associate Degree in Legal Secretarial Science or a certificate indicating that the applicant has completed at least two years of Legal Secretarial training beyond the high school level. NOTE: In order to meet the requirements for secretarial work experience, applicants must be proficient in manual shorthand dictation and/or Dictaphone, as well as Windows and Microsoft Office, as requirements of the position. PARTS OF EXAMINATION AND WEIGHTS Performance — 50% Interview — 50% Required Minimum Speed: Typing -50 WPM Shorthand Dictation — 90 WPM Upon a motion by Mr. Campau, seconded by Ms. Mahoney and unanimously adopted, it was 06-93 RESOLVED, That having reviewed the Departmental Correspondence of April 26, 2006, from Michael Rusnak, Firefighter, as approved for submission by Shadd A. Whitehead, Fire Chief, requesting permission to use two (2) additional sick leave days for Family Illness above the four (4) twenty-four (24) hours permitted in Civil Service Rules for 2006, the Civil Service Commission does hereby approve the use of two (2) additional twenty-four (24) hour paid sick leave days, beyond the maximum four (4) twenty-four (24) hour days allowed per calendar year in Civil Service Rules 25.2 (e). AFSCME Union Local 192 Grievance #0544 was presented to the Civil Service Commission at the February 1, 2006 meeting and the Commission directed them to conduct a Labor - Management meeting. Mr. Hoffman explained they had a Labor -Management meeting and Page 12 1223^ Regular Meeting Agri126, 2006 Management's resolution was taken to the Water Department employees who were not happy with the resolution. He stated if there are six (6) hours fatigue time starting at 7:00 a.m., the Union feels the starting time would be 1:30 p.m. He referenced that on the daily card they write six (6) hours worked and two (2) hours, where they actually work the two (2) hours it would be 1:30 p.m. to 3:30 p.m. The Union would like to hear what the Civil Service Commission has to say on this. Mr. Tatigian confirmed they did hear this issue before, but he invited anyone to add, supplement or recite any information they did before. Mr. Hoffman stated he didn't think there was any reason to rehash it. The Union's main issue is if an employee is released for the six (6) hour fatigue time at 7:00 a.m., what time should the employee return to work? Mr. Hoffman responded the Union feels the time the employees report back to work should be 1:30 p.m.; Management feels it should be 1:00 p.m. Mr. Campau clarified that what they were really talking about is the difference of the %hour lunch. Mr. Hoffman agreed and added that Article 31 of the contract does say that lunch is a hour exclusive of the work day. Ms. Mahoney replied that from 7:00 a.m. if there are six (6) hours of rest time, it is 1:00 p.m. Even if the % hour of lunch is included, the reporting time would be 1:30 p.m.; there are still two (2) hours left in the day. The contract language says that employees shall not normally report back if the time is "less than two (2) hours." Ms. Mahoney wasn't sure if the argument was what time employees have to report back. If the % hour lunch is added, that still has them back to work at 1:30 p.m., and that is still two (2) hours, not less than two (2) hours. Mr. Hoffman stated that from 1:30 p.m. to 3:30, the employee would come back or not, depending on the needs of the department and if they were released, they would have to be on call from 1:30 p.m. to 3:30 p.m. and be willing to come back to report to work. He stated the employees understand this. Mr. Tatigian asked if anyone from Management wanted to speak. Brian Wilson, Assistant Superintendent of Public Service, stated the Department met in a Labor -Management meeting with the Human Resources Director and representatives of the Union to see whether the grievance could be worked out. There were also other matters they needed to discuss and they were worked out but they could not come to an agreement on this grievance. Management proposed that the matter of less than two (2) hours at the end of the day they would just consider it two (2) hours. They also proposed they would establish times where the work releases would occur based on the time the employees were brought in. Mr. Wilson stated what they could not do is to grant a paid lunch during a period of time that employees are not working. The concept of a paid lunch, per contract, Article 31 under working hours, is when an employee is unable to take their lunch within six (6) hours and they are given a paid lunch because work demands are such that they had to work through their lunch. Language also provides in Article 32, Overtime, that when an employee works twelve (12) continuous hours that they are paid for their lunch period at overtime rates. In both scenarios, the paid lunch occurs while the employee is working. What is being asked for is the concept of a paid lunch during fatigue time, during a period when they are not working. Also, if an employee is called in early and they work up to their regular starting time, there has been an expectation that they would be released for the day. They would get a paid day off. This has occurred in the past and there has been an expectation that would continue in the future. With declining revenues, and the Department of Public Works with about 20% vacancies, they are not in a Page 13 1223^ Regular Meeting Agri126, 2006 mode where they can do this. Management has to uniformly apply the contract language to all the sections, Water Department; Roads Department; Sign Department and to any section that has these scenarios where employees are brought in between shifts on emergencies. Mr. Wilson further stated they needed to apply the contract language, not what had occurred in the past which was not consistently applied, nor was it sanctioned by DPW Management. Mr. Wilson added that Management paid overtime for the 15 minute wash-up time, as discussed in the Step 1 answer to make sure the employees are made whole in that regard. Mr. Wilson requested the Commission deny the balance of the grievance. Mr. Hoffman responded that the Union wasn't asking for a paid lunch and cited if an employee look six (6) hours of Personal Business or Sick Time, from 7:00 a.m., they would start back at 1:30; the employee would be paid six (6) hours Personal Business or Sick Time, they don't get paid the % hour lunch and they come in and work for two (2) hours. He stated this has nothing to do with a paid lunch; they are just asking for six (6) hours fatigue time and two (2) hours actually work. Mr. Tatigian stated there is a problem and the starting time is 7:00 a.m. He added that a six (6) hour release would be until 100 and their lunch time is from 1130 a.m. to 12:00 p.m. Ms. Mahoney stated the individuals in question did not come back to work. Therefore, they took vacation or other paid time. Mr. Hoffman stated that some employees did take vacation time. Ms. Mahoney clarified that the request was that they have their vacation time returned and they should be paid for time that they were not there. Mr. Hoffman slated that in the past their expectation was they would be released for the remainder of the day. Ms. Mahoney inquired if they went to their supervisor and asked if they went home, they would still get paid? Mr. Hoffman did not know if they asked that question. Ms. Mahoney also inquired if they were ordered to go home. Mr. Hoffman stated he wouldn't think the supervisor would order them home. Kevin Roney, Public Utility Manager, stated if an employee was not at work from 7:00 a.m. to 1:00 p.m., they don't use six (6) hours Personal Business, they use 5 % Personal Business. Ms. Mahoney explained that was because the % hour lunch is included in there. Mr. Wilson stated if they are talking about an employee reporting at 1:00 p.m., they are going to have from 1:00 p.m. to 3:30 p.m., two -and -a -half hours worked and five -and -a -half Personal Business. Mr. Wilson clarified 7:00 a.m. to 1130 a.m. is four -and -a half hours; from 11:30 a.m. to 12:00 p.m. is unpaid; and from 12:00 p.m. to 1:00 p.m. is an additional one hour equaling five -ander -half hours. Upon a motion by Mr. Campau, seconded by Ms. Mahoney and unanimously adopted, it was 06-94 RESOLVED, That having reviewed AFSCME Union Local 192 Grievance #05-44, dated January 6, 2006, regarding employees being denied wash-up and fatigue time, and having discussion with Ed Hoffman, Chief Roads Steward, AFSCME Union Local 192; Brian Wilson, Assistant Superintendent of Public Service and Kevin Roney, Public Utility Manager, the Civil Service Commission does hereby deny the grievance based on the contract language. Page 14 1223^ Regular Meeting Agri126, 2006 Ms. Mahoney stated there was a good effort on the part of the Department and the part of the leadership of the Union to resolve the grievances. Mr. Tatigian commented he was glad that Management had made the employees whole with regard to the wash-up time. Mr. Wilson stated they were going to restore that issue in spite of the denial of the grievance. Ms. Mahoney suggested that more sit down communication take place. Mr. Wilson added that they were very encouraged with the discussions and their abilities to work through issues. Upon a motion by Ms. Mahoney, seconded by Mr. Campau and unanimously adopted, it was RESOLVED, That the meeting be adjourned at 6:40 p.m. Gretchen Guisbert, Secretary III Harry C. Tatigian, Chairperson Ronald E. Cam tau, Commissioner Charlotte S. Mahoney, Commissioner