HomeMy WebLinkAbout1231st csc minutes1231°' REGULAR MEETING OF THE
CIVIL SERVICE COMMISSION
The 1231" Regular Meeting of the Civil Service Commission was held on Wednesday,
December 6, 2006. The meeting was called to order at 5:30 p.m.
Members Present:
Also Present:
Kenneth Grzembski, Vice President,
AFSCME Union Local 192
William Ivanac, Parks Maintenance
Worker II
Peggy Jones, Clerical Steward AFSCME
Union Local 192
Yvonne Lillibridge, President, AFSCME
Union Local 192
Roger Ponder, Custodian
Ruth Ann Saylor, Chief Clerical Steward,
AFSCME Union Local 192
Harry C. Tatigian, Chairperson
Ronald E. Campau
Charlotte S. Mahoney
Steven Schoonover, Chief Roads Steward,
AFSCME Union Local 192
Shenon Schultz, City Assessor
Norman Siira, Equipment Operator III
Daniel West, Department Steward, AFSCME
Union Local 192
Audrey Young, Equipment Operator II
Robert F. Biga, Human Resources Director
Derrick L. Washington, Personnel Analyst II
Gretchen Guisbert, Secretary III
Upon a motion by Mr. Campau, seconded by Ms. Mahoney and unanimously adopted, it was
06-196 RESOLVED, That the minutes of the 1230th Regular Meeting held
Wednesday, November 8, 2006, be approved as submitted.
The Commission received and fled the Status of Temporary Employees Report for
November 2006.
The Commission received and fled the Non -Resident Report as of December 1, 2006.
Upon a motion by Ms. Mahoney, seconded by Mr. Campau and unanimously adopted, it was
06-197 RESOLVED, That having reviewed the memorandum of
November 30, 2006, from Robert F. Biga, Human Resources Director, regarding
the benefits and advancement in the salary range for Police Service Aides, the
Civil Service Commission does hereby approve the following benefits for this
position:
The Police Service Aide classification will have the same
benefits as employees represented by the Livonia Police
Officers Association for holiday pay, uniform maintenance and
cleaning and roll call.
Paget 1231° Regular Meeting December 6, 2006
• The Police Service Aide classification will have the same
benefits as general non -represented employees for
retirement/Voluntary Employees Beneficiaries Association
(VEBA), vacation, sick leave and personal business.
• Employees in the classification of Police Service Aide will be
reimbursed for courses taken to obtain an Associate's Degree in
Criminal Justice or related field, as approved by the Police
Chief, up to a maximum annual reimbursement of $2,000.
AND BE IT FURTHER RESOLVED, That employees in this classification will be
evaluated on a semi-annual basis with semi-annual salary increases until the
employee reaches maximum step. Further, that upon satisfactory completion of
the six (6) month probationary period, the employee will be advanced in salary
one (1) step every six (6) months until they reach the maximum of step nine (9).
Upon a motion by Mr. Campau, seconded by Ms. Mahoney and unanimously adopted, it was
06-198 RESOLVED, That having reviewed the letter of
November 12, 2006, from Deborah Dufour, Senior Clerk, as approved for
submission by Linda McCann, Director of Community Resources, requesting
permission to use six (6) additional sick leave days for Family Illness beyond the
eight (8) days allowed for such use in 2006, the Commission approves this
request.
Upon a motion by Mr. Campau, seconded by Ms. Mahoney and unanimously adopted, it was
06-199 RESOLVED, That having reviewed the letter of
November 15, 2006, from Robert J. Schron, City Engineer, requesting an unpaid
medical leave of absence for Bruce Whitcombe, Engineering Assistant I, the Civil
Service Commission does hereby approve Mr. Whitcombe's unpaid medical
leave of absence through December 18, 2006, pursuant to Civil Service
Commission RULE 25, LEAVES, Section 25.5 Leaves of Absence.
No Civil Service Commission action was needed regarding the request for an extension of the
probationary period for Danielle Price, Police Dispatcher, since the City of Livonia Rules and
Regulations have an automatic extension provision.
Upon a motion by Ms. Mahoney, seconded by Mr. Campau and unanimously adopted, it was
06-200 RESOLVED, That having reviewed the memorandum of
November 16, 2006, from Sherron Schultz, City Assessor, requesting a
promotional examination for Clerk 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:
Page
1231° Regular Meeting
December 6,
2006
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 Assessor's Department of the City of Livonia; and
Have regular status in the classification of Clerk I; and
Have a minimum of five (5) years experience in the Assessors Office.
PARTS OF EXAMINATION AND WEIGHTS
Written Test -50% Interview -50%
'In the event there is only one qualified candidate for the position, the Parts and Weights of
examination will be 100% Departmental Rating.
Upon a motion by Mr. Campau, seconded by Ms. Mahoney and unanimously adopted, it was
06-201 RESOLVED, That having reviewed the letter of
November 20, 2006, from Mayor Jack Engebretson, requesting a promotional
examination for Clerk II and memorandum from Robert F. Biga, Human
Resources Director, proposing 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 at the time of
application, are employed in the Department of Administrative Services and have regular
status in the classification of Clerk I with at least ten (10) years of experience in that
classification.
PARTS OF EXAMINATION AND WEIGHTS
Departmental Rating —100%
Upon a motion by Mr. Campau, seconded by Ms. Mahoney and unanimously adopted, it was
06-202 RESOLVED, That having reviewed the expiring eligible lists for
January 2007, the Civil Service Commission does hereby extend the list for
Building Inspector (868 o.c.) for six (6) months.
The Commission received and fled the following:
a. Council Resolutions from the meeting of October 25, 2006, with minutes to be
approved November 8, 2006.
Page 1231° Regular Meeting December6,20U6
b. Council Resolutions from the meeting of November 8, 2006, with minutes to be
approved November 20, 2006.
C. Letter of November 15, 2006, from Jack Engebretson, Mayor, to City Council,
regarding the appointment of Patrick A. Hogan as Director of Public Works and
Establishment of Compensation effective December 1, 2006.
d. Letter of November 28, 2006, from Brian Wilson, Assistant Superintendent of
Public Service, regarding Grievance #06-25, concerning Equipment Mechanic III
Temporary Assignment.
e. Council Resolutions from the meeting of November 20, 2006, with minutes to be
approved December 4, 2006 (#567-06 and #579-06).
f. Affirmative Action Report for November 2006.
g. Council Resolutions from the meeting of November 20, 2006, with minutes to be
approved December 4, 2006 (#566-06 and #572-06).
Upon a motion by Ms. Mahoney, seconded by Mr. Campau and unanimously adopted, it was
06-203 RESOLVED, That having reviewed the letter of December 4, 2006,
from Val Vandersloot, City Clerk, requesting an extension of the employment of
Rita Soucy as a temporary Clerk I, the Civil Service Commission does hereby
approve an extension of the temporary Clerk I position for one (1) month.
Upon a motion by Ms. Mahoney, seconded by Mr. Campau and unanimously adopted, it was
06-204 RESOLVED, That having reviewed the memorandum of
December 4, 2006, from James Zoumbaris, Superintendent of Public Service,
requesting an extension of the employment of Elaine Lawrenchuk as a temporary
Clerk I, the Civil Service Commission does hereby approve the request for a six
(6) month extension until June 28, 2007, with the understanding this would be the
last extension granted.
The Chairperson advised that each of the grievants concerning AFSCME Union Local 192
Grievances #06-31, #06-26 and #06-32 were entitled to an individual hearing but if there were
no objections, they could be heard at the same time, although there would be individual
rulings in each case. He asked the grievants if they would object to having all three
grievances heard together. All three grievants agreed to have the grievances heard at the
same time.
Ruth Ann Saylor presented the AFSCME Union Local 192 grievances, #06-31 #06-26 and
#06-32 from Yvonne Lillibridge, Roger Ponder and Peggy Jones, respectively. Ms. Saylor
stated the grievants received a subpoena from the State of Michigan with a raised stamp and
which states that failure to respond will result in enforcement proceedings. The attendees
were gone for the entire eight (8) hour day and Mr. Biga chose not to follow the AFSCME
Union Local 192 contract, Article 40, JURY DUTY, A., which states, "An Employee who
serves on jury duty or is required to appear in court on a subpoena (except where the
Employee has an interest in the case) will be paid his regular pay." She also read Article 40,
JURY DUTY B., which states, "Jury duty and duty while appearing on a subpoena will be
considered as time worked." The Union believes being subpoenaed falls under this contract
Pages 1231° Regular Meeting December6,201)6
language and they should be paid as time worked. The employees were denied pay and they
had to use their own banks. One of the aggrieved employees had to take no pay.
Mr. Campau inquired how these employees relate being called to a Michigan Employee
Relations Commission (MERC) meeting to that of jury duty. Ms. Saylor stated there was an
official subpoena from the State of Michigan and there was no personal interest by the 192
members being aggrieved.
Mr. Tatigian responded the contract specifically states "to appear in court on a subpoena." He
stated that the MERC is not a court; rather, it was an administrative body. Yvonne Lillibridge,
President, AFSCME Union Local 192, commented that Mr. Tatigian was making the
distinction and he as an attorney, would know that, but when most people receive a
subpoena, they have no idea whether it was an official court or administrative hearing. She
continued that an administrative law judge signed the subpoena and a seal of the State of
Michigan was on the document. Mr. Tatigian stated he was sympathetic but they are bound
by the language of the contract. Ms. Mahoney stated that when someone receives a
subpoena, it can be a scary thing, but when it involves something that will take the employee
away from work, shouldn't the employee check with their supervisor to find out what the
procedure is? Ms. Lillibridge stated in her case she showed her supervisor the document and
as shown in her grievance paperwork, Mr. Andres's note was on it that said that Mr. Slater,
Mr. Sabo and Ms. Coleman were all in accord that she should be paid. Mr. Campau noticed
that the note was written on November 20, 2006 and pointed out that the MERC hearing was
on November 13, 2006. Ms. Lillibridge replied that was when they received the letter from Mr.
Biga. Mr. Campau inquired if prior to the MERC meeting she received permission from her
supervisor to attend. She said yes.
Roger Ponder, Custodian, commented that when he received the subpoena, he showed it to
his foreman, David Flahan, who said he definitely had to attend because it was an official
subpoena. Mr. Ponder inquired if he would get paid for it or would he have to go unpaid. Mr.
Flahan stated as far as he knew, according to the contract, this is a subpoena, and you will
get paid; write it up under jury duty.
Peggy Jones, Clerical steward, replied that her experience was much the same. She stated
she took it to Louise Heyza who told her she would be paid and to list the time as jury duty on
her time card.
Mr. Tatigian asked if any of the grievants participated in the hearing. Mr. Lillibridge stated
they were not called to the witness stand on that day. Ms. Mahoney inquired if there were
other individuals from the City who were called. Ms. Lillibridge stated there were other City
witnesses but they were not subpoenaed; they were there as representatives of the City.
Robert Biga, Human Resources Director reiterated that the labor contract refers to
appearance in court under a subpoena and as the subpoena indicates, this was for an
administrative hearing. It should be noted in the upper left hand comer it lists "Completion:
Voluntary." Under "Penalty," it says "Failure to respond will result in enforcement
proceedings" There is also a statement in here that says, "Hereof fail not, at your peril." So
there are some languages in the subpoena that are disconcerting to individuals. He
responded that in at least one instance that he is familiar with, an employee who received a
subpoena contacted the administrative law judge and was advised if they didn't show nothing
Page 1231° Regular Meeting December 6, 20D6
would happen. Mr. Tatigian asked if it was one of the three aggrieved individuals, to which
Mr. Biga replied no. Mr. Biga said he contacted the administrative law judge to find out
whether or not anything would happen to anyone who failed to appear and he was advised
that these were non -enforceable subpoenas. Mr. Biga continued that he had a witness list of
12 people but did not know people were subpoenaed. He discovered these people were
subpoenaed by Council 25 and this was signed off by the administrative law judge. He
responded that if people had contacted him, he could have told them that they didn't have to
appear; there is no penalty. Of the 12 people who were subpoenaed, five (5) did not show.
None of them were penalized and as far as he knew. The other four (4) people who attended
were not AFSCME Union Local 192 members and also were not paid for that time.
Mr. Tatigian stated that with respect to the contract language, Mr. Biga was correct; however,
these people did contact their supervisors. If their supervisors told them they could attend the
hearing and they would be paid, it would be difficult to rule against their grievance. He also
stated he thought the supervisors were in error for letting the employees attend without
checking with Mr. Biga to begin with.
Mr. Biga responded that he contacted Mike Slater, Brian Wilson and Karen Kapchonick and
advised all of them that these employees were not covered by this contract provision and they
would not be paid. Mr. Tatigian confirmed that this occurred after the fact. Mr. Biga replied
he did not know the individuals concerned had been talked to by any of their supervisory staff.
He added that Mr. Ragan refutes what Mr. Ponder said. Mr. Flahan did not indicate that he
told Mr. Ponder that he would be paid. After talking to the supervisors, none of them had
given an indication to their employees that they would be paid. The letter was written so there
was a record that he contacted the supervisors and let them know the individuals were not to
be paid, pursuant to their contract. This was a non -enforceable subpoena and if anyone had
contacted him beforehand, he would have explained to them they would not be penalized for
failing to attend. He was aware in the first hearing in September that was cancelled that there
was a person who was subpoenaed. That person's father contacted the judge and was told
that she did not have to appear. Mr. Biga further explained that he had no knowledge that
people were subpoenaed; he just had a witness list.
Mr. Tatigian stated he was not criticizing Mr. Biga; he respected his decision and that he
concurred that on the contract language Mr. Biga was 100% correct. The employees are not
entitled to receive compensation; however, once they contacted their supervisors prior to the
hearing and they attended with the understanding they would be paid, it was tough to say no.
Mr. Biga responded the supervisors contacted him prior to hearing and he told them they
would not be paid. The letter was a follow up after the hearing. That is when he had
someone refute what Mr. Ponder had said. He also had an unfair labor practice fled against
the City that refutes the fact that one of these employees does not have a personal interest.
He quoted from the unfair labor practice, "while it is true that Mr. Ponder is apparently a part
of AFSCME's existing bargaining unit at the City, he has taken an active and supportive role
in a Recreation Center employee organizing drive." This indicated to Mr. Biga that this person
had more than a passing interest in this case and he does have a personal involvement. Mr.
Tatigian asked Mr. Ponder if this was true. Mr. Ponder responded yes, he was on the
organizing committee at the Recreation Center. Mr. Campau didn't see how there was a
connection between a personal involvement and an organizational involvement. Mr. Tatigian
commented that if you belong to an organization, there is an interest of some sort. Mr. Biga
suggested if the Civil Service Commission was in a quandary about the first hearing, that it is
Pagel 1231° Regular Meeting December 6, 20D6
a gray area and these individuals should be paid. If the Civil Service Commission so chose,
they could pay the individuals for that date, but make it clear so that any subsequent hearings
would be on their own time. Mr. Tatigian said he understood how a subpoena could be kind
of a threatening thing for the average person in this country. But in this case, it was kind of a
meaningless piece of paper; a request to come down to the hearing and Mr. Biga was 100%
correct on that.
Ms. Saylor again referenced Section 40, "B," which states, "Jury duty and duty while
appearing on a subpoena will be considered as time worked." Ms. Saylor stated this mentions
nothing about a subpoena for a court. Mr. Tatigian advised her to read all of the language.
Mr. Campau indicated he was ready to make a motion. Mr. Tatigian wanted to make it very
clear to everyone that in the future, the employees would not get this kind of response if they
attended one of these kinds of hearings.
Upon a motion by Mr. Campau, seconded by Ms. Mahoney and unanimously adopted, it was
06-205 RESOLVED, That having reviewed AFSCME Union Local 192
Grievance #0631, dated November 28, 2006, from Yvonne Lillibridge, President,
AFSCME Union Local 192, and after discussion with Ruth Ann Saylor, Chief
Clerical Steward, AFSCME Union Local 192; Yvonne Lillibridge, President,
AFSCME Union Local 192; Roger Ponder, Custodian; Peggy Jones, Clerical
Steward AFSCME Union Local 192; and Robert F. Biga, Human Resources
Director, that due to mitigating circumstances, the Civil Service Commission does
hereby grant the remedy requested in the grievance and grants the paid time off
for Ms. Lillibridge, and advises that in the future, there would not be paid time off
for attending hearings that are not court ordered.
AND BE IT FURTHER RESOLVED, That the Civil Service Commission does grant
restoration of any leave time used.
06-206 RESOLVED, That having reviewed AFSCME Union Local 192
Grievance #06-26, dated November 28, 2006, from Roger Ponder, Custodian, and
after discussion with Ruth Ann Saylor, Chief Clerical Steward, AFSCME Union
Local 192; Yvonne Lillibridge, President, AFSCME Union Local 192; Roger
Ponder, Custodian; Peggy Jones, Clerical Steward AFSCME Union Local 192; and
Robert F. Biga, Human Resources Director, that due to mitigating circumstances,
the Civil Service Commission does hereby grant the remedy requested in the
grievance and grants the paid time off for Mr. Ponder, and advises that in the
future, there would not be paid time off for attending hearings that are not court
ordered.
AND BE IT FURTHER RESOLVED, That the Civil Service Commission does grant
restoration of any leave time used.
06-207 RESOLVED, That having reviewed AFSCME Union Local 192
Grievance #06-32, dated November 28, 2006, from Peggy Jones, Clerical Steward
AFSCME Union Local 192, and after discussion with Ruth Ann Saylor, Chief
Clerical Steward, AFSCME Union Local 192; Yvonne Lillibridge, President,
Page 1231° Regular Meeting December 6, 20D6
AFSCME Union Local 192; Roger Ponder, Custodian; Peggy Jones, Clerical
Steward AFSCME Union Local 192; and Robert F. Biga, Human Resources
Director, that due to mitigating circumstances, the Civil Service Commission does
hereby grant the remedy requested in the grievance and grants the paid time off
for Ms. Jones, and advises that in the future, there would not be paid time off for
attending hearings that are not court ordered.
AND BE IT FURTHER RESOLVED, That the Civil Service Commission does grant
restoration of any leave time used.
Mr. Tatigian directed Mr. Biga to discuss this subject with Department Heads at a future staff
meeting in order to educate all supervisory staff members to consult with Mr. Biga or his
department if any future cases arise that may be ambiguous. Mr. Biga staled it should be
noted there are times when employees challenge the supervisors interpretation of the
contract when it is contrary to them. Mr. Tatigian recommended each case be considered on
its own meat.
Ms. Mahoney requested the Civil Service Commission change the November 21, 2007
meeting to November 14, 2007, since November 21 is the Wednesday before Thanksgiving.
Chairperson Tatigian and Commissioner Campau agreed to the change. Mr. Biga stated a
Notice would be sent out to inform all employees of the change in the schedule.
The Civil Service Commission wished all a Happy Holiday.
Upon a motion by Mr. Campau, seconded by Ms. Mahoney and unanimously adopted, it was
RESOLVED, That the meeting be adjourned at 6:15 p.m.
Gretchen Guisbert, Secretary III
Harry C. Tatigian, Chairperson
Ronald E. Campau, Commissioner
Charlotte S. Mahoney, Commissioner