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HomeMy WebLinkAbout1229th csc minutes1229' REGULAR MEETING OF THE CIVIL SERVICE COMMISSION The 1229' Regular Meeting of the Civil Service Commission was held on Wednesday, October 18, 2006. The meeting was called to order at 5:30 p.m. Members Present: Harry C. Tatigian, Chairperson Ronald E. Campau Charlotte S. Mahoney Also Present: Michael Bailey, Vice -President, Livonia Fire Fighters Union (LFFU) Phillip Kamm, Firefighter Yvonne Lillibridge, President, AFSCME Union Local 192 Kathleen Monroe, City Librarian Ruthann Saylor, Chief Clerical Steward, AFSCME Union Local 192 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 Guisberl, Secretary III Upon a motion by Ms. Mahoney, seconded by Mr. Campau and unanimously adopted, it was 06-163 RESOLVED, That the minutes of the 1228th Regular Meeting held Thursday, September 28, 2006, be approved as submitted. The Commission received and fled the Status of Temporary Employees Report for September 2006. The Commission received and fled the Non -Resident Report as of October 1, 2006. Upon a motion by Ms. Mahoney, seconded by Mr. Campau and unanimously adopted, it was 06-164 RESOLVED, That having reviewed the proposed Civil Service Commission meeting schedule for 2007, the Civil Service Commission does hereby approve the following schedule of meeting dales for 2007, pursuant to Civil Service Commission RULE 6, MEETINGS OF THE COMMISSION, Section 6.1 Regular Meetings, at 5:30 p.m. in the Fifth Floor Gallery of City Hall, and are subject to change with notice: DAY DATE TIME WEDNESDAY JANUARY 17, 2007 5:30 P.M. THURSDAY FEBRUARY 1, 2007 5:30 P.M. WEDNESDAY MARCH 21, 2007 5:30 P.M. WEDNESDAY APRIL 18, 2007 5:30 P.M. Page t 1229th Regular Meeb g October 18, 20D6 WEDNESDAY MAY 9, 2007 5:30 P.M. WEDNESDAY JUNE 13, 2007 5:30 P.M. WEDNESDAY JULY 18, 2007 5:30 P.M. WEDNESDAY AUGUST 22, 2007 5:30 P.M. WEDNESDAY SEPTEMBER 19, 2007 5:30 P.M. WEDNESDAY OCTOBER 17, 2007 5:30 P.M. WEDNESDAY NOVEMBER 21, 2007 5:30 P.M. WEDNESDAY DECEMBER 5, 2007 5:30 P.M. Upon a motion by Mr. Campau, seconded by Ms. Mahoney and unanimously adopted, it was 06-165 RESOLVED, That having reviewed the letter of September 27, 2006, from John Larese, Sign Foreman, as approved for submission by James Zoumbaris, Superintendent of Public Service, requesting an extension of the three-year retirement limit for excess vacation accrual, the Civil Service Commission does hereby approve the request with the understanding that Mr. Larese's maximum vacation payout will be decreased by the number of bonus vacation days he does not earn in the three (3) calendar years prior to his revised retirement date of December 31, 2009. Upon a motion by Mr. Campau, seconded by Ms. Mahoney and unanimously adopted, it was 06-166 RESOLVED, That having reviewed the letter of October 10, 2006, from Robed Stevenson, Police Chief, requesting a pay increase for School Crossing Guards, the Civil Service Commission does hereby approve the increase in the hourly wage for School Crossing Guards to $9.00 per hour, to be effective December 1, 2006, to be submitted to City Council for their review and approval. Upon a motion by Mr. Campau, seconded by Ms. Mahoney and unanimously adopted, it was 06-167 RESOLVED, That having reviewed the letter of October 10, 2006, from David Woodcox, Director of Inspection, requesting an extension of temporary employment for Annette Cooper as a Clerk -Typist in the Inspection Department, the Civil Service Commission does hereby approve the request for a six (6) month extension until April 26, 2007 with the understanding this would be the last extension granted. 06-168 RESOLVED, That having reviewed the letter of October 10, 2006, from Val Vanderslool, City Clerk, requesting an extension of temporary employment for Denise Haeger as a Clerk -Typist in the Office of the City Clerk, the Civil Service Commission does hereby approve the request for a six (6) month extension until April 26, 2007, with the understanding this would be the last extension granted. Page 1229th Regular Meeting October 18, 20D6 06-169 RESOLVED, That having reviewed the letter of October 10, 2006, from Kathleen Monroe, City Librarian, requesting an extension of temporary employment for Theresa Robinson as a Clerk I in the Library, the Civil Service Commission does hereby approve the request for a six (6) month extension until April 26, 2007, with the understanding this would be the last extension granted. Robert Biga, Human Resources Director, explained that the Civil Service Commission is in the process of conducting a promotional examination for Clerk -Typist I and upon the establishment of the eligible list, the issue of extending some of these temporary employees may be resolved. Upon a motion by Ms. Mahoney, seconded by Mr. Campau and unanimously adopted, it was 06-170 RESOLVED, That having reviewed the letter of October 10, 2006, from Brian Wilson, Assistant Superintendent of Public Service, requesting a promotional examination for Meter Foreman and proposed qualifications and parts of examination and weights, the Civil Service Commission does hereby approve the following qualifications and parts of examination and weights: QUALIFICATIONS This examination is open only to employees of the City of Livonia who, by the closing date of this announcement are: 1. Employed in the Public Service Division of the Department of Public Works; and 2. Have at least five (5) years experience in the Water 8 Sewer Section with a minimum of three (3) years experience in meter operations; and 3. Possess or be eligible to obtain and maintain a Michigan Department of Environmental Quality S-3 or higher (S-1 or S-2) Drinking Water Operator Certificate; and 4. Have general computer knowledge. PARTS OF EXAMINATION AND WEIGHTS Interview -70% Departmental Rating -30% Candidates must pass the Interview and Departmental Rating in order to be placed on the eligible list. Upon a motion by Ms. Mahoney, seconded by Mr. Campau and unanimously adopted, it was 06-171 RESOLVED, That having reviewed the letter of October 10, 2006, from Brian Wilson, Assistant Superintendent of Public Service, requesting a promotional examination for Service Representative (Sewer) and proposed qualifications and parts of examination and weights, the Civil Service Page 1229th Regular Meeting October 18, 20D6 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: 1. Are employed in the Public Service Division of the Department of Public Works; and 2. Have regular status in the classification of Sewer Maintenance Worker I or Sewer Maintenance Worker 11; and 3. Have at least two (2) years of full-time paid experience as a Sewer Maintenance Worker, and 4. Must be eligible for and maintain either a Temporary Instruction Permit (TIP) for, or have a valid Group "A" or "B" Commercial Drivers License with Air Brake. An employee in this classification is subject to all requirements of the Federal Omnibus Transportation Employee Testing Act of 1991, as amended, and; 5. Must have or be eligible for and maintain an Industrial Truck Driving Permit for operation of a forklift. PARTS OF EXAMINATION AND WEIGHTS Written Test -80% Departmental Rating -20% Candidates must pass the Written Test and Departmental Rating in order to be placed on the eligible list. Pursuant to AFSCME Union Local 192, Promotions 20.13. in competitive examinations which include Departmental Ratings, the Departmental Rating from 0 to 100 will count 20% of the examination, but a score of under 70 will not disqualify the candidate from continuing in the process. There were no reported expiring eligible lists for the month of November 2006. Upon a motion by Ms. Mahoney, seconded by Mr. Campau and unanimously adopted, it was 06-172 RESOLVED, That having reviewed the passing point in the written examination for Custodian (886 o.c.), the Civil Service Commission does hereby approve a passing point of a raw score of 27 out of a maximum score of 38, or the 65th percentile score on the Psychological Corporation Industrial Reading Test. Upon a motion by Mr. Campau, seconded by Ms. Mahoney and unanimously adopted, it was 06-173 RESOLVED, That having reviewed the passing point in the written examination for Secretary 1 (887 o.c.), the Civil Service Commission does hereby Page 1229th Regular Meeting October 18, 20D6 approve a passing point of 46% of the maximum combined raw score of 250 on the Short Employment Test forms V-2, N-2, and CA -2 and Wondedic. Upon a motion by Mr. Campau, seconded by Ms. Mahoney and unanimously adopted, it was 06-174 RESOLVED, That the Civil Service Commission does hereby approve the eligible list for Secretary II (1234 p.), as submitted. The Commission received and fled the following: Council Resolutions from the meeting of September 27, 2006, with minutes to be approved October 11, 2006. Letter of September 27, 2006, from Mayor Jack Engebretson, to City Council recommending Salary and Benefit Adjustments for Appointed Department Head classifications for the period December 1, 2004 through November 30, 2007. Affirmative Action Report for September 2006. The Commissioners called for a short recess at 5:40 p.m. The meeting resumed at 5:43 p.m Michael Bailey, Vice -President, Livonia Fire Fighters Union (LFFU), presented LFFU Grievance #06-01, dated September 5, 2006, from Phil Kamm, Firefighter, regarding educational credit in the examination for the Training Coordinator position within the Fire Department. Mr. Bailey introduced Mr. Kamm, who tested for the Training Coordinator position. Mr. Kamm stated he received no examination credit points for holding a Masters Degree. He challenged the intent of the contract language. Mr. Bailey stated the Union supports Mr. Kamm because they believe in rewarding higher education. Mr. Kamm stated he has a Master's Degree in Public Administration and it is being argued that it is not in a Fire Science curriculum, but the program he was in included course work in Fire Staff and Command, which he alleges qualifies as a fire science program and every class he has taken in the degree program is related somehow. Mr. Kamm referenced page 59 of the LFFU contract which states: 46. TRAINING COORDINATOR B. This position will be offered to personnel without regard to education who have at least five (5) years of Livonia Fire & Rescue seniority. Personnel who possess an associate's degree in fire science or in an emergency medical curriculum will receive an extra two points added to their score and personnel who possess a bachelor's degree in fire science or an emergency medical curriculum will have four points added to their score. Mr. Kamm stated this contract language was in lower case letters, nothing is highlighted and he alleges these are not absolute requirements. He further stated these are minimum requirements that have stood for the past eight (8) years and they have not been challenged Page 6 1229th Regular Meeting October 18, 2006 by either the City or the Union. He continued that this language was in effect while he was obtaining his Masters degree. He wanted to separate himself from the rest of the candidates holding degrees. He stated he already has a Bachelors degree in Business and that it didn't make sense to him to get another Bachelors degree when he could improve himself by getting a Masters degree in Public Administration. Mr. Kamm referred to the Training Coordinator examination announcement, where it lists education. The point was made to capitalize "Fire Science" degree in the posting. The Union never stipulated those were the only qualifications. The Union's position is that it is written as a generalization. He maintained that the City capitalized or emphasized the Fire Science degree, not the Union. Mr. Tatigian clarified that Mr. Kamm's undergraduate degree was in Business Administration in the School of Management. Mr. Tatigian inquired if the classes were different in Business Administration than for a Fire Science degree. Mr. Kamm replied that could be argued both ways. Mr. Kamm contends that the classes that he took in the past could be related to the administrative side of Police, Fire, Business, a Municipality or government. He believes that the classes he took were directly related to the Fire Science curriculum. Mr. Kamm responded he was in another Bachelor's program to satisfy this requirement because he didn't want to give up four (4) points in the future. Mr. Kamm stated he surpassed the qualifications with his Master's degree in Public Administration and what he believes is "Fire Science' background. Mr. Campau responded that the denial of the grievance has nothing to do with background. The denial of the grievance was based upon the fact that he has a Master's degree in something, but the contract language specifically states an Associate's degree or Bachelors degree in a Fire Science curriculum. Mr. Campau stated the contract language is absolute and it was Mr. Kamm's interpretation of the contract language that was not absolute. Ms. Mahoney clarified that Mr. Kamm has a Masters degree and she states Mr. Kamm believes he deserves the four (4) points because a Masters degree is more than what is asked for in the contract language. Mr. Kamm reiterated he believes his Master's degree is a Fire Science background and that should give him four (4) points. Ms. Mahoney disagreed with Mr. Kamm. Ms. Mahoney stated the Collective Bargaining Agreement specifies a "Fire Science' degree or an "Emergency Medical" curriculum. Mr. Kamm argued that the City has allowed the four (4) points for an individual having an Occupational Health and Safety degree and that the City has been allowed to interpret the programs as they see ft. In fact, points were only allowed to candidates with degrees in a Fire Science or an Emergency Medical curriculum. Mr. Kamm added that he has a Bachelor's in Applied Science. He maintained he surpassed the qualifications. Ms. Mahoney replied the language in the contract was not something the Civil Service Commission can change. Mr. Bailey responded that the Union's position was that Mr. Kamm was subject to possible poor contract writing. The Union believes the intent of the language is to have higher education. The Union and the City want to have the best and the brightest employees in the Fire Department. Mr. Bailey believes that Mr. Kamm's Master's degree does directly relate to the job. Page ] 1229th Regular Meeting October 18, 2006 Mr. Campau inquired if the LFFU was currently in negotiations and if they were going to ask for a change in this contract language. Mr. Bailey replied they were going to ask for a change. Mr. Campau suggested the addition of the two words "or above' after the words "Bachelor's degree" in the contract language. Robert Biga, Human Resources Director, stated this is a very straightforward issue. The contract provides for points to be applied to a candidate if they meet certain criteria. Those criteria are an Associate's degree or a Bachelor's degree in a specific curriculum; either Fire Science or Emergency Medical. If someone obtained reimbursement for tuition and books to attain advanced education, that is a different provision of the contract whether it is reimbursed by the City or not. It is desirable that employees get additional education and the City does pay for that education. The Civil Service Commission paid for Mr. Kamm's tuition for his Master's Degree in Public Administration on a one-time basis and it clarified what was acceptable for future payment of reimbursement. That is a separate issue. The only thing that we can do is interpret the contract language that is before us. No grievance was fled regarding the announcement and this wasn't an issue until Mr. Kamm brought this forward after the eligible list and appointment from the eligible list was made. He stated that Mr. Kamm exceeded the education requirement but it doesn't qualify him for points because the contract language is very precise. Mr. Tatigian inquired how many other Firefighters look the examination. Mr. Biga deferred to Mr. Washington, who responded he thought there were nine who took the test and of those, seven made it to the Assessment Center and on the eligible list. Mr. Bailey explained that when the qualifications were published, Mr. Kamm did not file a grievance because he thought he would be awarded the four (4) points for his Bachelor's degree. He only found out when the eligible list was established. Mr. Kamm stated the Fire Science curriculum is an entry level curriculum. He added that to separate himself, he wanted to exceed that and get the Master's degree in Public Administration which, he alleges, is a degree that can be utilized in the administration of the Fire Department. He continued by restating that their intent of the contract language is that it is not meant as the only degrees a person could have. Mr. Tatigian replied any change in contract language would have to go before City Council for approval. He added this should be handled in negotiations. Mr. Campau stated that Mr. Kamm was on the eligible list and having four (4) points added would place him higher on the list. Mr. Kamm stated that the Mayor can take the top three people on the eligible list and make an appointment, but what the Chief has elected to do is to take them in order. Mr. Campau further clarified that having four (4) points added to Mr. Kamm's score would move him to number 2. If candidate number 1 decided to leave within the one (1) year probationary period, then candidate number 2 would be considered. Mr. Campau inquired how many people would be bypassed if Mr. Kamm was placed at number 2. Mr. Kamm replied he was number 5 on the list. Therefore, 3 people would be bypassed. Mr. Campau asked if those three individuals wouldn't then object to the Union supporting this position. Page 1229th Regular Meeting October 18, 20D6 Ms. Mahoney reiterated the contract language doesn't allow them to change this. Mr. Kamm stated he has heard only positive reactions to this issue and the Union members have seen this in his favor and as a common sense item, and he just thinks it is the interpretation of the language. Mr. Biga pointed out that someone who might be displaced by the granting of the four (4) points could have a grievance and file an unfair representation lawsuit against the bargaining unit. He reminded everyone that two parties signed this agreement; the City and the Union. He believed that at the time the contract language was negotiated, there might not even have been a Master's program in Fire Administration or Fire Science. It is possible through negotiations, that the contract language could be modified so that in the future, someone who had more than these qualifications could get some points. What those points are would be a subject of negotiation. The contract is followed as it is presently worded. Upon a motion by Mr. Campau, seconded by Ms. Mahoney and unanimously adopted, it was 06-175 RESOLVED, That having reviewed Livonia Fire Fighters Union (LFFU) Grievance #06-01, regarding Educational credit for the Training Coordinator position within the Fire Department, and having discussion with Michael Bailey, Vice -President, LFFU; Philip Kamm; Fire Fighter; Derrick Washington, Personnel Analyst II; and Robert Biga, Human Resources Director, the Civil Service Commission does hereby deny the remedy request in the grievance on the basis that this item should go to negotiations. Upon a motion by Mr. Campau, seconded by Ms. Mahoney and unanimously adopted, it was RESOLVED, That the meeting be adjourned at 6:14 p.m. Gretchen Guisbert, Secretary III Harry C. Tatigian, Chairperson Ronald E. Campau, Commissioner Charlotte S. Mahoney, Commissioner