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HomeMy WebLinkAbout1232nd csc minutes1232nd REGULAR MEETING OF THE CIVIL SERVICE COMMISSION - Revised - The 1232nd Regular Meeting of the Civil Service Commission was held on Wednesday, January 17, 2007. The meeting was called to order at 5:30 p.m. Members Present: Also Present: Mike Bailey, Vice -President, LFFU Keith Bo, Treasurer, LFFU Mike Boyle, Building Maintenance Foreman Edward Giedrojc, Custodian (PPT) Evelyn Goudreau, Administrative Assistant Ken Grzembski, Vice President, AFSCME Union Local 192 David Kaul, Firefighter George Kmszewski, Attorney-LFFU Mark LaBarge, Police Captain Elaine Lawrenchuk, Clerk I (T) Yvonne Lillibridge, President, AFSCME Union Local 192 Steve Makie, Building Maintenance Supervisor Harry C. Tatigian, Chairperson Ronald E. Campau Charlotte S. Mahoney Linda McCann, Director of Community Resources Joey Merrell, Firefighter Kathleen Monroe, City Librarian John Orzech, President, LFFU Roger Ponder, Custodian Walter Rost, Custodian Daniel West, Water Meter Repairer I Shadd A. Whitehead, Fire Chief Brian Wilson, Assistant Superintendent of Public Service Audrey Young, Equipment Operator 11 Robert F. Biga, Human Resources Director Derrick L. Washington, Personnel Analyst 11 Gretchen Guisbert, Secretary III Upon a motion by Ms. Mahoney, seconded by Mr. Campau and unanimously adopted, it was 07-01 RESOLVED, That the minutes of the 1231" Regular Meeting held Wednesday, December 6, 2006, be approved as submitted. Shadd A. Whitehead, Fire Chief, presented a request for step increases for Firefighters Matthew Bernelis, David Kaul and Joey Merrell based on prior work experience outside of the City of Livonia. Mr. Campau inquired if Chief Whitehead was aware of the June 14, 2000 agreement between the Livonia Fire Fighters Union and the City that these kinds of requests were no longer being accepted. Chief Whitehead responded he was made aware in a letter from Robert F. Biga, Human Resources Director. He added that he thought it was a letter from George Roumell to LFFU Vice -President John Orzech, but he did not understand that it was an agreement other than it was a letter on the change. Mr. Campau referenced paragraph 3 which states, "... it is mutually agreed between the City and the Union that no future employees in the Fire Division will be granted salary step advancement, based upon prior related experience" Chief Whitehead deferred to Mr. Orzech. Mr. Orzech stated his signature was nowhere on that agreement. Mr. Biga referenced the Civil Service Commission action of June 15, 2000. He also referenced the Civil Service Commission action of April 2001 regarding Mr. Domenzain, under "and be it further resolved," which states, "...pursuant to the correspondence of June 14, 2000, from George T. Roumell, Jr., to Livonia Fire Fighters Vice -President, John Orzech, no employees hired in the Fire Paget 1232"° Regular Meeting January 1],200] Division after June 15, 2000 will be considered for step advancement based upon prior related paid work experience with another employer." Mr. Biga continued that there have been additional actions of the Civil Service Commission and since there was no appeal from the Union, this became law. He explained that outside experience was not going to be counted due to the change in the qualifications established for the Firefighters. Mr. Orzech spoke with Mike Kelly who was the President of LFFU at that time and Mr. Kelly alleged that Ms. Rutan told them the past practice of granting advanced pay steps would not be applied to any City department. After contact with legal counsel, it was decided that since they had written notification from the City stating the past practice would stop, it was legal and the grievance went away. Mr. Orzech stated that if they had known other departments were receiving step increases along the way, they would never have agreed to that. Mr. Biga referenced the arbitration award, several Civil Service Commission determinations which occurred after 1991, 1992, 1993, some involving the Police department and some involving the Fire department. In those cases and every Civil Service action since 2000 based on the letter that Mr. Roumell sent to the Union, in the Fire service, the practice of granting advanced step increases was no longer occurring. Subsequent determinations have been made, i.e., Mr. Donnell in 2001. Mr. Orzech stated they found out the Police department was receiving step increases for past experience and that is what prompted this. Mr. Campau explained the Police Department didn't have an agreement not to do that anymore. Mr. Orzech reiterated that Mike Kelly was told by Ms. Rutan and George Roumell that this past practice would be stopped City wide. Chairperson Tatigian asked for all three of the requests to be handled at the same time and there were no objections. George Kruszewski, attorney for the Fire Union, stated he was involved in the initial Ead Fester grievance and that was based mostly on the fact that the City had discontinued the past practice of counting part-time service as far as determining when individuals were entitled to step increases. Mr. Kruszewski added that if the Chief believes it is necessary within the department to have recognition of the higher level of experience in order to attract the most qualified Firefighters to the department, the Compensation Plan gives the Civil Service Commission the authority to decide based upon the Chiefs request. The circumstances have changed and recognition can be give for past experience. Mr. Campau inquired if this was the case even if the Union agreed not to do it anymore. Mr. Orzech stated this was not in the contract; rather, it was an addendum. He assured the Commission that there was no offer to do this. They were told by the City that this was going to happen. Mr. Kruszewski referred to section 2E of the contract, which had not changed, and states in part, "...the City has the responsibility in such classifications and duty assignments to provide equal compensation for equal work and to reflect duties and responsibilities by appropriate classifications and compensation." He explained that no matter what the circumstances were in 2000, the City and the Civil Service Commission has a responsibility provided in the compensation plan which is equitable, upon the request of the department head. It is within the discretion of the Civil Service Commission whether or not to consider it, based upon the facts presented. Page 1232"° Regular Meeting January 17, 2007 Mr. Orzech stated the Union was strong armed and it wasn't agreed upon. He further stated the agreement was to stop the grievance. Regardless of the Jennison grievance, he alleged, the Union was told by Mea Rutan and George Roumell that this practice was going to stop. Mr. Kruszewski clarified that the Commission had a copy of the Fester award, wherein the past practice they were relying on was whether or not past part time service had to be considered in granting increases. The City at that point was still granting credit for full time service. Ms. Mahoney indicated the Commission didn't have a copy of the Roumell letter. Mr. Biga referenced the Jennison settlement in June 2000 and the Domenzain and Justamante settlement in November of 2000. He stated for all three of the resolutions, the Civil Service Commission language under "and it further resolved" states, "that no employees hired after June 15, 2000 in the Fire Division, shall be granted salary step advancement based upon prior related work experience with another employer." Ms. Mahoney confirmed that the Union did not complain after the Civil Service Commission action. Mr. Campau stated Mr. Biga indicated to the Civil Service Commission the reason for changing the practice was the significant change in the qualifications for Firefighter. Mr. Biga advised the change was the increase in the qualifications which added the Emergency Medical Technician/Paramedic certification. Prior to that the Firefighters were not required to have the certification. Mr. Orzech remarked he did not know what that had to do with previous job experience. Chief Whitehead stated that we are down to nine (9) people on the Firefighter list and it was hard to get candidates to fill the position of Firefighter. This gives him a tool to help him attract candidates from other cities with prior experience. Specifically, if they come to Livonia and if they attain superior ratings, these candidates come in with a higher level of experience and it takes less training to get them up to speed and they can be put to work sooner. Mr. Campau inquired if the Commission were to approve these three, how many more Firefighters would come in with an additional request. Chief Whitehead responded there were two other Firefighters on probation still over the next year. He further explained that if the employee was hired more than four years ago, they would already be at step 5. Mr. Campau asked if there was money in the budget for the step increases. Chief Whitehead replied yes. Mr. Biga referenced a memorandum dated June 14, 2000 regarding a settlement, in the next to the last paragraph, which states, "The City's Labor Counsel, George Roumell has negotiated a compromise, as summarized in his letter of June 14, 2000 to John Orzech, V.P. Livonia Fire Fighters Union Local 1164. It was agreed, subject to the Commission's approval, that Mr. Jennison be advanced to Step 4 based upon his satisfactory completion of original probation and his prior related paid Firefighter/EMT experience. Furthermore, it is agreed that any other current employee with similar related paid experience be granted step advancement consideration. Lastly, it was agreed that no future employees in the Fire Division be granted salary step advancement based upon prior related paid work experience. Mr. Biga added that since he was not here at that time, he could only rely on the materials in the files. Mr. Tatigian stated that they were in receipt of a letter of June 14, 2000 where the practice was halted. He indicated that whatever was agreed to back then has been honored. Mr. Tatigian Page 1232"° Regular Meeting January 17,2007 added that this was the kind of issue that is bargained for between the Union and Management. Mr. Kruszewski added that in the arbitration award they relied on past practice. The contract language remains the same; the Commission has the discretion to grant the step increases upon the request of the department head. Mr. Carl made a motion to approve the request. Ms. Mahoney supported the motion for purposes of discussion. She inquired why George Roumell wrote the letter to the Vice - President not the President of the LFFU. Mr. Orzech explained that in the LFFU organization, the Vice -President handles all the grievances, but the President is made aware of every step. Ms. Mahoney referenced the letter of June 14, 2000 from George Roumell to him. Mr. Ell re- read the paragraph. Subsequent to this decision there were two other Fire department employees, Mr. Justamante and Mr. Domenzain that were given consideration because they were on the payroll prior to June 14, 2000. Those were the last two Fire employees that got a salary step consideration. There have been several labor contracts negotiated since then and none of them have changed the wording in the agreement to embody anything other than what Mr. Roumell has in his letter and what the Civil Service Commission had adopted in the other cases as well as Mr. Jennison's. There are three (3) resolutions on file that indicate it would not be done for anyone hired in the Fire service after that. It has nothing to do with any practice elsewhere in the City. Mr. Tatigian confirmed that during that time other departments were still receiving step increases. He added that six and a half years had passed and this is the first time the Fire department has come through the Chief and made a request for step increases. Mr. Biga stated he was not aware of this Civil Service determination until the request far these three (3) step increases was presented. Ms. Mahoney clarified the individuals who might have asked for a step increase are already at full pay. She wanted to know if these same individuals would be coming to future meetings asking why they weren't at full pay sooner because of this. Mr. Orzech replied the only employees that would be directly involved in these requests are the ones that are not at full pay yet and have previous experience. Mr. Tatigian clarified that the step increases would not be retroactive. Upon a motion by Mr. Campau, seconded by Ms. Mahoney and unanimously adopted, it was 07-02 RESOLVED, That having reviewed the Departmental Correspondence of December 29, 2006, from Shall A. Whitehead, Fire Chief, requesting a pay step increase for Matthew Bengalis, Firefighter, and having had discussion with Shall A. Whitehead, Fire Chief, John Orzech, Vice -President, LFFU; George Kreszewski, Attorney for LFFU; and Robert F. Biga, Human Resources Director, the Civil Service Commission does hereby approve two (2) full step increases for Mr. Bernelis based on previous related paid work experience with another employer. 07-03 RESOLVED, That having reviewed the Departmental Correspondence of December 29, 2006, from Shall A. Whitehead, Fire Chief, requesting a pay step increase for David Kaul, Firefighter, and having had discussion with Shall A. Whitehead, Fire Chief, John Orzech, Vice -President, LFFU; George Kreszewski, Attorney for LFFU; and Robert F. Biga, Human Page 1232" Regular Meeting January 17, 2007 Resources Director, the Civil Service Commission does hereby approve two (2) full step increases for Mr. Kaul based on previous related paid work experience with another employer. 07-04 RESOLVED, That having reviewed the Departmental Correspondence of December 29, 2006, from Shadd A. Whitehead, Fire Chief, requesting a pay step increase for Joey Merrell, Firefighter, and having had discussion with Shadd A. Whitehead, Fire Chief, John Orzech, Vice -President, LFFU; George Kreszewski, Attorney for LFFU; and Robert F. Biga, Human Resources Director, the Civil Service Commission does hereby approve two (2) full step increases for Mr. Merrell based on previous related paid work experience with another employer. Upon a motion by Mr. Campau, seconded by Ms. Mahoney and unanimously adopted, it was 07-05 RESOLVED, That having reviewed the letter of January 10, 2007, from Robert Stevenson, Police Chief, as approved for submission by Peter Kunst, Director of Public Safety and Jack Engebretson, Mayor, requesting the establishment of a new classification of Police Crime Analyst be established as a permanent, full-time unrepresented classification, the Civil Service Commission does hereby approve the establishment of the classification at the following pay range, and refers same to City Council for their review and concurrence: STEP HOURLY RATE ANNUAL WAGE Step 1 $21.64 $45,011.20 Step 1.5 $22.07 $45,905.60 Step 2 $22.51 $46,820.80 Step 3 $23.41 $48,692.80 Step 4 $24.34 $50,627.20 Step 5 $25.32 $52,665.60 Upon a motion by Mr. Campau, seconded by Ms. Mahoney and unanimously adopted, it was 07-06 RESOLVED, That having reviewed the Departmental Correspondence of December 26, 2006, from David Jacobsen -Harm, Firefighter, as approved for submission by Shadd A. Whitehead, Fire Chief, requesting additional Family Illness days, the Civil Service Commission does hereby approve three (3) additional twenty-four (24) hour Family Illness leave days, beyond the maximum four (4) twenty-four (24) hour duty days per calendar year allowed. Upon a motion by Mr. Campau, seconded by Ms. Mahoney and unanimously adopted, it was 07-07 RESOLVED, That having reviewed the Departmental Correspondence of January 5, 2007, from Sharon Cracchiolo, Police Dispatcher, as approved for submission by Robert Stevenson, Police Chief, requesting an unpaid personal leave of absence, the Civil Service Commission does hereby approve a sixty (60) day unpaid personal leave of absence upon exhaustion of Ms. Cracchiolo's vacation and personal business leave banks. Page 6 1232"d Regular Meeting January 17, 2007 Upon a motion by Mr. Campau, seconded by Ms. Mahoney and unanimously adopted, it was 07-08 RESOLVED, That having reviewed the letter of January 4, 2007, from Kenneth Sydor, Equipment Operator II, as approved for submission by Patrick A. Hogan, Director of Public Works, requesting an unpaid medical leave of absence, the Civil Service Commission does hereby approve Mr. Sydor's request for an unpaid medical leave of absence to February 18, 2007, 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 07-09 RESOLVED, That having reviewed the letter of December 11, 2006, from Linda Grimsby, City Treasurer, requesting an extension of her leave of absence from the classified service, the Civil Service Commission does hereby approve a leave of absence from the classified service for Ms. Grimsby for one (1) year, commencing January 1, 2007, pursuant to Civil Service Commission Rules and Regulations, RULE 16, CERTIFICATION, APPOINTMENT AND REINSTATEMENT, Section 16.5, Appointment of an Employee in the Classified Service to a Position in the Unclassified Service. 07-10 RESOLVED, That having reviewed the letter of January 3, 2007, from David Woodcox, Director of Inspection, requesting an extension of his leave of absence from the classified service, the Civil Service Commission does hereby approve a leave of absence from the classified service for Mr. Woodcox for one (1) year, commencing January 17, 2007, pursuant to Civil Service Commission Rules and Regulations, RULE 16, CERTIFICATION, APPOINTMENT AND REINSTATEMENT, Section 16.5, Appointment of an Employee in the Classified Service to a Position in the Unclassified Service. Upon a motion by Ms. Mahoney, seconded by Mr. Campau and unanimously adopted, it was 07-11 RESOLVED, That having reviewed the letter of December 22, 2006, from Linda McCann, Director of Community Resources, transmitting requests to donate vacation hours to Deborah Dufour, Senior Clerk, the Civil Service Commission does hereby approve the requests to donate vacation time to Ms. Dufour, to be converted from their respective rates of pay to Ms. Dufour's rate of pay as a Senior Clerk, as needed, to cover a period of her current unpaid 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. Elaine Lawrenchuk, Temporary Clerk I, presented her request for reimbursement for holiday pay and stated she had been employed since April of 2003 and she was paid for the July 4'h holiday and Labor Day holiday but when the retroactive checks for classifications represented by Local 192 came out in October, Payroll deducted the equivalent of sixteen (16) hours of pay. She stated that Payroll claimed she wasn't due those two holidays that she was paid for Page] 1232" Regular Meeting January 17, 2007 earlier because she hadn't fulfilled the 480 hours. She believes that since she has been employed since April 2003 in a Parks and Recreation seasonal classification, she greatly exceeded those hours and is requesting that time be paid to her. Mr. Biga advised that Parks and Recreation classification employees, which is what Ms. Lawrenchuk was employed as, are not eligible for holiday pay and in order for someone who is a temporary full-time employee to be eligible for holiday pay, they have to serve 480 hours prior to the holiday in their temporary classification. Ms. Lawrenchuk did not satisfy that requirement. The Department submitted the hours for the two holidays and Payroll inadvertently paid that time. When the contract increase came up for AFSCME Union Local 192 and was applied to all employees, including persons employed in a temporary capacity in those classifications, Payroll discovered they had incorrectly paid Ms. Lawrenchuk for the two holidays. They deducted the previously paid holiday pay from her retroactive increase. The requirement is that you need 480 hours in a classification that is eligible for holiday pay, not just employment with the City. Mr. Biga further advised that Parks and Recreation classifications do not get holiday pay, so those hours that Ms. Lawrenchuk worked would not count toward the 480 hours of eligibility. Ms. Lawrenchuk referenced the Compensation Plan and the Civil Service Commission Rules which she believed stated you just have to be employed by the City. Mr. Wilson, stated they looked at the Compensation Plan and the Civil Service Commission Rules, they thought that the 480 hours was the critenon and that it didn't distinguish if it was in an ineligible classification or not. Mr. Biga stated that if you read the Compensation Plan when you are employed in a Parks and Recreation classification, you do not qualify for holiday pay. Ms. Lawrenchuk stated she was asking for her years of service to count toward her time. She also stated she was not asking for holiday pay while at the Recreation Center, just to be paid while employed at the Department of Public Works. Ms. Lillibridge confirmed that Payroll paid Ms. Lawrenchuk in error and in the history of her employment with the City of Livonia no one has been paid for holiday hours unless they were permanent employees or temporary employees in a permanent classification. Ms. Mahoney clarified that the money was taken while she was now in a non -Parks and Recreation position because that is when Payroll discovered it, but she wasn't eligible for it when she was paid for it. Ms. Lawrenchuk reiterated that the Compensation Plan and in the Civil Service Commission Rules it doesn't say anything about being in a certain classification. It just says you have to be continuously employed with the City of Livonia. Ms. Mahoney read the language in the Temporary, Seasonal, or Casual Appointment At -Will Agreement Form, advising that such employees are not subject to provisions or protections of any collective bargaining agreement. Mr. Campau made a motion to approve the payment of holiday hours for Ms. Lawrenchuk. The motion died for lack of support. Ms Mahoney made a motion to deny the request. The Chairperson stepped down to support the motion. Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian and adopted, it was Page 1232a Regular Meeting January 17, 2007 07-12 RESOLVED, That having reviewed the letter of December 14, 2006, from Elaine Lawrenchuk, Clerk I (TFT), as approved for submission by Patrick Hogan, Director of Public Works, requesting reimbursement for holiday pay, and having discussion with Elaine Lawrenchuk; Brian Wilson, Assistant Superintendent of Public Service; Yvonne Lillibridge, Account Clerk III; and Robert F. Biga, Human Resources Director, the Civil Service Commission does hereby deny the request for reimbursement of holiday pay because Ms. Lawrenchuk's hours of work in a Parks and Recreation classification did not count toward eligibility for holiday pay. AYE: Mahoney and Taligian NAY: Campau Roger Ponder, Custodian, requested to borrow two (2) vacation days from 2007 so that he can retroactively be paid for December 21, 2006 and December 22, 2006, when he attended a Michigan Employment Relation Commission hearing. Mr. Biga referred to the December meeting when the Commission addressed this issue with respect to the use of jury duty for a hearing dale in November and the Commission gave Mr. Ponder, Ms. Lillibridge and Ms. Jones authorization to attend the hearing in November and the City would pay for that attendance because the Department Heads had committed to payment before they talked to the Human Resources Director. The Commission indicated in Resolution #06-205 that any future attendance at a MERC hearing would have to come out of personal time. Mr. Ponder did not have any personal time, therefore, he was not paid for the 21 a and 22nd of December and he is requesting to take two (2) days from this year's commitment of vacation which he receives on January 1, 2007. He was not paid for the day immediately prior to the Christmas Eve and Christmas Day holidays, so he did not receive the holiday pay. If the Civil Service Commission granted authorization to be paid for the 21n and 22nd, he would get paid for the two (2) holidays as well. Mr. Ponder stated he received a subpoena from the judge to attend. Mr. Tatigian recalled that Mr. Ponder was advised that the subpoena had no legal standing. Mr. Ponder responded that he called the judge himself and was told it does have legal standing and to use his own conscience. He added that this time fell in the last pay period and technically he would be borrowing two days from the same pay period so he could get his hours back. Mr. Campau stated what was more disconcerting to him was that Mr. Ponder had no time in his personal bank or vacation bank. Mr. Ponder explained that he had donated some vacation time to a couple of people who were off for surgery or sick time and he doesn't earn that much time. Mr. Campau inquired if the Civil Service Commission ever approved such a request. Mr. Biga responded that the Commission has approved the use of vacation time in advance when the employee has requested it prior to the use of it, but he was not aware of any retroactive requests. Ms. Mahoney inquired if Mr. Ponder was in attendance at the December Civil Service Commission meeting when it clarified that the judge had issued a subpoena that it wasn't a very grounded subpoena. Mr. Ponder stated he was at that meeting. Mr. Ponder received another subpoena after that meeting and was asked if he checked with Mr. Biga as to the status of this. Mr. Ponder stated he did not. Ms. Mahoney also confirmed that Mr. Ponder used his own judgement to take time he didn't get paid for and subsequently lost the holiday pay. Mr. Ponder checked with some Union members to find out if this had ever happened Page 1232"° Regular Meeting January 17, 2007 before and he was told it had and that was the reason he submitted the letter to request the time retroactively. Mr. Wilson informed the Civil Service Commission there has been another grievance submitted to the Department for these two days before Christmas, regarding the subpoena time issue. He returned that grievance to the Union because it was not within his purview to overturn Civil Service Commission Ruling. Upon a motion by Mr. Campau, seconded by Ms. Mahoney and unanimously adopted, it was 07-13 RESOLVED, That having reviewed the letter of December 27, 2006, from Roger Ponder, Custodian, as approved for submission by Patrick Hogan, Director of Public Works, requesting to borrow two vacation days from 2007, and having discussion with Roger Ponder and Brian Wilson, Assistant Superintendent of Public Service, the Civil Service Commission does hereby deny Mr. Ponder's request to borrow two vacation days from 2007. Upon a motion by Ms. Mahoney, seconded by Mr. Campau and unanimously adopted, it was 07-14 RESOLVED, That having reviewed the letter of December 27, 2006, from Brian Beerbower, Custodian, as approved for submission by Patrick Hogan, Director of Public Works, requesting an unpaid medical leave of absence, the Civil Service Commission does hereby approve Mr. Beerbower's request for an unpaid medical leave of absence through January 19, 2007, 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 07-15 RESOLVED, That having reviewed the letter of December 22, 2006, from Patrick Hogan, Director of Public Works and Brian Wilson, Assistant Superintendent of Public Service, requesting a promotional examination for Sewer Maintenance Worker 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 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 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. Page 10 1232"° Regular Meeting January 17, 2007 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 Written Test - 80% Departmental Rating - 20% Candidates must pass the Written Examination in order to be placed on the eligible list. Pursuant to AFSCME Local 192, Promotions 20.B. in competitive examinations which include Departmental Ratings, the Departmental Rating from 0 to 100 will count 20% of the examination, but a score under 70 will not disqualify the candidate from continuing in the process. Upon a motion by Mr. Campau, seconded by Ms. Mahoney and unanimously adopted, it was 07-16 RESOLVED, That having reviewed the letter of December 22, 2006, from Patrick Hogan, Director of Public Works and Brian Wilson, Assistant Superintendent of Public Service, requesting a promotional examination for Sewer Maintenance Worker 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 and one (1) year of experience as a Sewer Maintenance Worker I; and 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 Examination - 80% Departmental Rating - 20% Candidates must pass the Performance Examination in order to be placed on the eligible list. Pursuant to AFSCME Local 192, Promotions 20.B. in competitive examinations which include Departmental Ratings, the Departmental Rating from 0 to 100 will count 20% of the examination, but a score under 70 will not disqualify the candidate from continuing in the process. Page 11 1232"d Regular Meeting January 17, 2007 The Commission received and fled the expiring eligible list for the month of February 2007 — Custodian (Female) (856 o.c.). Upon a motion by Mr. Campau, seconded by Ms. Mahoney and unanimously adopted, it was 07-17 RESOLVED, That the Civil Service Commission does hereby approve the passing point of 70 or 70% of the total score of 100 in the written test for Equipment Mechanic 1 (893 o.c.). Upon a motion by Ms. Mahoney, seconded by Mr. Campau and unanimously adopted, it was 07-18 RESOLVED, That the Civil Service Commission does hereby approve the passing point of 70 or 70% of the maximum raw score of 100 in the written test for Library Aide 1 (890 o.c.). Upon a motion by Mr. Campau, seconded by Ms. Mahoney and unanimously adopted, it was 07-19 RESOLVED, That the Civil Service Commission does hereby approve the passing points for the three (3) written tests utilized for the Program Supervisor — Office Manager (892 o.c.) at 32 out of a maximum score of 60 for the International Personnel Management Association (IPMA) Clerical Aptitude (CA) Short Employment Test; 20 out of a maximum score of 40 for the Watson - Glaser Critical Thinking Appraisal (WGCTA); and 27 out of a maximum score of 50 for the Wondedic Personnel Test. Upon a motion by Ms. Mahoney, seconded by Mr. Campau and unanimously adopted, it was 07-20 RESOLVED, That the Civil Service Commission does hereby approve the passing point be set at 60 or 60% of the maximum of 100 for the EMPCO written test for Service Representative (Sewer) (1236 p.) Upon a motion by Ms. Mahoney, seconded by Mr. Campau and unanimously adopted, it was 07-21 RESOLVED, That the Civil Service Commission does hereby approve the eligible list for Clerk II (1242 p.). Upon a motion by Mr. Campau, seconded by Ms. Mahoney and unanimously adopted, it was 07-22 RESOLVED, That the Civil Service Commission does hereby approve the eligible list for Clerk II (1243 p.). Upon a motion by Ms. Mahoney, seconded by Mr. Campau and unanimously adopted, it was 07-23 RESOLVED, That the Civil Service Commission does hereby approve the eligible list for Equipment Mechanic III (1240 p.). Upon a motion by Mr. Campau, seconded by Ms. Mahoney and unanimously adopted, it was Page 12 1232" Regular Meeting January 17,2007 07-24 RESOLVED, That the Civil Service Commission does hereby approve the eligible list for Librarian 1 (891 o.c.). Upon a motion by Mr. Campau, seconded by Ms. Mahoney and unanimously adopted, it was 07-25 RESOLVED, That the Civil Service Commission does hereby approve the eligible list for Meter Foreman (1237 p.). Upon a motion by Mr. Campau, seconded by Ms. Mahoney and unanimously adopted, it was 07-26 RESOLVED, That the Civil Service Commission does hereby approve the eligible list for Police Service Aide (892 o.c.). Upon a motion by Ms. Mahoney, seconded by Mr. Campau and unanimously adopted, it was 07-27 RESOLVED, That the Civil Service Commission does hereby approve the eligible list for Service Representative (Sewer) (1236 p.). Upon a motion by Mr. Campau, seconded by Ms. Mahoney and unanimously adopted, it was 07-28 RESOLVED, That the Civil Service Commission does hereby approve the eligible list for Water Foreman (1241 p.). The Commission received and fled the following: a. Council Resolutions from the meeting of December 4, 2006, with minutes to be approved December 20, 2006. b. Response to AFSCME Council 25 Flyer from the Human Resources Director. C. Affirmative Action Report for December 2006. The Commission received and fled the Status of Temporary Employees Report for December 2006. The Commission received and fled the Non -Resident Report as of January 1, 2007. The Commission took a five minute recess and the meeting reconvened at 6:35 p.m. Brian Wilson stated AFSCME Union Local 192 Grievance #06-14, dated July 19, 2006, from Roger Ponder, Custodian regarding a letter being placed in his file went to Labor - Management Committee and it was decided that the letter in question could be revised. Mr. Wilson explained that the letter was revised and the fact that the grievance was on the Agenda told him that the revised letter was not acceptable. Mr. Wilson requested the matter be postponed to the February meeting due to him not knowing what the problem may be with the new letter and also the Civil Service Commission didn't have a copy of the revised letter and he wanted to make sure all the facts were presented. Page 13 1232"° Regular Meeting January 17, 2007 Mr. Grzembski commented that the Labor -Management meeting was at the beginning of November and Mr. Ponder just received the revised letter yesterday. Mr. Wilson responded that the grievance really had a core issue. The grievance states that Management doesn't have the right to put a copy of an Avoid Verbal Order, or "AVO," sent to the employee in the Department's employee file. Mr. Tatigian recommended this matter be put to the March meeting instead of the February meeting, at the request of Mr. Campau. Upon a motion by Mr. Campau, seconded by Ms. Mahoney and unanimously adopted, it was 07-29 RESOLVED, That having reviewed AFSCME Union Local 192 Grievance #06-14, dated July 19, 2006, from Roger Ponder, Custodian, regarding a letter placed in his file, and having discussion with Brian Wilson, Assistant Superintendent of Public Service; Roger Ponder, Custodian; and Ken Grzembski, Vice -President, AFSCME Union Local 192; the Civil Service Commission does hereby approve the Department's request to refer this matter to the March meeting with the Union having no objections. Ken Grzembski, Vice -President, AFSCME Union Local 192, presented AFSCME Union Local 192 Grievance #06-15, dated July 24, 2006, from Edward Giedrojc, Custodian, regarding failure of probation stating the grievant failed his probation after the expiration of his probationary period and was removed from the position. He stated Mr. Giedrojc is a part-time Custodian and he failed probation in a full -lime position, but even after failing, Mr. Giedrojc worked up to forty hours. He continued by stating Mr. Giedrojc's first two probationary reports were good except the last one, with no extension of probation given and he was put back on nights. The main difference between the part-time and the full-time position was the benefits. Mr. Giedrojc stated he felt that he did the tasks that were needed, that he was diligent at what he did, he tried to do more than what was required and he felt he was a good employee. Mr. Wilson stated both Mr. Makie and Mr. Boyle were present and that Management in Building Maintenance has worked very closely with Mr. Giedrojc, coaching, counseling, trying to get his work performance up to a satisfactory level, as well as working with him on his attitude. There is no dislike on anybody's part and efforts have been made to try to help him and improve his performance. The Building Maintenance Foreman took a special interest to try and get him to succeed in this position and the Department has worked with the Civil Service Department in the past, bringing in a job coach to work with Mr. Giedrojc to break down the tasks and simplify things. There is no question with the documentation that he didn't pass his probation. There is documentation from Police Department Management as well as employees in the Police station explaining the problems and complaints that they had. The Department was having the same problems as in his previous promotions which were failing to follow directions and misrepresenting what he was doing. The Department is willing to bring a job coach back in and work with Mr. Giedrojc. The Department needs Mr. Giedrojc's acknowledgment of this and his cooperation to address some of the issues. The Department staffing has been reduced. They don't have excess staff. They need everyone to be performing in a satisfactory manner. Page 14 1232" Regular Meeting January 1],200] Mr. Tatigian inquired if the duties were different from permanent part time and permanent full time positions. Mr. Wilson replied that Custodian tasks were the same. However, within the Police station the demands are greater. Mr. Tatigian stated there was someone from the Police Department present to discuss this but asked to hear from Mr. Boyle first. Mike Boyle, Building Maintenance Foreman, stated he had nothing against Mr. Giedrojc personally, but they had problems with him on the afternoon shift following directions. Mr. Grzembski inquired about the dates that Mr. Giedrojc worked on afternoons, stating his probationary period started April 3, 2006 and ended July 3, 2006 and those should be the only dates considered during his probation. Mr. Boyle continued that when Mr. Giedrojc began working days he had to watch him very closely. He started out working and trying hard and the longer he was there, the more he would slip back into his former poor work habits. Certain parts of the Police station have to be done at a certain time to avoid disruption to the officers. In the Dispatch room, Mr. Giedrojc was needed right away at the request of the Police Department, due to the change of shifts. Mr. Giedrojc would reportedly empty the trash and then leave. They have a log sheet of what tasks Mr. Giedrojc is supposed to be doing and when he is doing it. Mr. Giedrojc would say he was in there for 15 minutes and when checked upon, the Department would say he just came in, emptied the trash and left. When checking on the next place he was supposed to be, he would say he was there for 15 minutes. After checking, Mr. Boyle found nothing was done. Mr. Boyle stated he had many talks with Mr. Giedrojc about where he was and what he was supposed to be doing and he wasn't there when he said he was. On day shift, it's much more fast paced than the afternoon shift. It was difficult to get him to do what he was supposed to be doing, when he was supposed to be doing it. The Department does not have the time to babysit and go over and over everything that needs to be done. Mr. Giedrojc wants to do his own thing when he wants and the quality of his work is not acceptable. Mr. Tatigian inquired how long Mr. Giedrojc had been employed. Mr. Grzembski responded since April 24, 2000. Mr. Tatigian asked Captain LaBerge for his comments. Captain LaBerge staled the cleanliness of the building is very important to the Department because the public sees it and other Police department personnel come in. While Mr. Giedrojc was assigned there, it was dirty. Captain LaBerge cited examples of the problems and slated the job just wasn't getting done. Other examples were that jobs were being done while the Department was having a staff meeting. He added that Mr. Giedrojc's performance went progressively downhill and even some of the Police Department staff would help with certain tasks. Mr. Grzembski informed the Commission that Custodians are not assigned a building and they can be moved at any time. Mr. Tatigian reiterated that the Captain stated while Mr. Giedrojc was there he didn't do a very good job. Mr. Grzembski commented that Mr. Giedrojc was working 20 hours a week but a lot of times he does work over that, but even after failing the probation he was working 40 hours a week, just without the benefits. Steve Makie, Building Maintenance Supervisor, stated Mr. Giedrojc is now working in a vacant court house. The work is repetitive and a static building, unlike in the Police Department, where he may be called away from one job to handle another. The court house can be worked just utilizing the checklist they have and there is no deviation from it. In the courts, Page 15 1232" Regular Meeting January 17,2007 there are no distractions, very little interruption and he can work at his own pace with very little supervision. Mike Boyle added that the probationers on the work program go in the court once a month and they clean the court a lot more thoroughly. Job duties that Mr. Giedrojc overlooks are done by the probationers. Mr. Wilson restated that the Department wanted to work with Mr. Giedrojc and it was his hope they could turn this situation around with him. Upon a motion by Mr. Campau, seconded by Ms. Mahoney and unanimously adopted, it was 07-30 RESOLVED, That having reviewed AFSCME Union Local 192 Grievance #06-15, dated July 24, 2006, from Edward Giedrojc, Custodian, regarding failure of probation, and having had discussion with Edward Giedrojc; Brian Wilson, Assistant Superintendent of Public Service; Ken Grzembski, Vice - President, AFSCME Union Local 192; Mike Boyle, Building Maintenance Foreman; Steve Makie, Building Maintenance Supervisor, and Mark La Berge, Police Captain, the Civil Service Commission does hereby deny the request to return Mr. Giedrojc to his full-time position, based on failure of probation. The Union requested that AFSCME Union Local 192 Grievance #06-22, be handled at a closed session at the end of the meeting. Ken Grzembski, Vice -President, AFSCME Union Local 192, presented AFSCME Union Local 192 Grievance #06-24, dated November 15, 2006, from Audrey Young, Equipment Operator II, regarding sick leave and explained that Ms. Young attempted to fulfill the obligation to satisfy both Civil Service and DPW Rules to return to work. Ms. Young had her personal physician's note and she was called the day before she was to return to work, on her third day off, that she would need a return to work physical by the City physician. When Ms. Young went to the Civil Service Department she was told that the doctor would be at the clinic until 4:00 p.m. Ms. Young arrived at the doctor's office slightly before 4:00 p.m. and she said the doctor was gone. The next day Ms. Young went directly to the clinic before she could go to work and was told she had to use her own time, using 1-3/. hours of sick leave. Mr. Campau made a motion to approve restoring Ms. Young's sick leave bank for one and three-quarter hours. The motion died for lack of support. Brian Wilson, Assistant Superintendent of Public Service, agreed that the facts presented were accurate. Ms. Young called Mr. Wilson after she attempted to see the City physician and was not able to be seen and he suggested Ms. Young go back to the doctor first thing the next morning and afterward, bring the paperwork directly to him and he would forward the information to the Civil Service Department, to minimize the time Ms. Young used out of her sick leave bank. Page 16 1232" Regular Meeting January 17, 2007 Ms. Young didn't understand why she had to go to the City doctor when she already had her personal physician's certificate. Mr. Biga responded that the Civil Service Department requires all employees returning from being off work more than three days to be seen by the City medical examiner before they can be returned to work. There have been numerous situations where an employee's personal physician has cleared them to return to work and the City's physician indicated that was not the case. In this case, Ms. Young was advised to go to the clinic, but the clinic closed at a particular time. The last patient was seen by the doctor at 3:45 p.m. According to their records the doctor left at 4:00 p.m. and there was no record of Ms. Young signing in at the clinic. If Ms. Young had signed in, the clinic would have made every effort to have a doctor see her. The City does not permit employees to return to work until they have been cleared by the City doctor. Mr. Tatigian asked Mr. Biga to explain to Ms. Young why there was a need for her to see the City doctor. Mr. Biga replied the City doctor verifies that the employee is capable of performing their job and we require our doctor to review that record to make sure the employee has clearance from their doctor to make sure we're not in a situation of exacerbating any medical condition by returning someone to work too early. As previously indicated, there have been circumstances where individuals have returned by their personal physician and the City doctor has said the employee was not ready to return to full duty, for the protection of the City, the employee and their co-workers. Mr. Washington added that he has been employed for thirteen (13) years and that policy has been in effect the whole time he has been here. Mr. Tatigian stated this is a City policy and it must be adhered to. Ms. Young explained that she was called in the afternoon on her third day off of work notifying her she needed to see the City doctor before she could return to work. She came to the Civil Service Department that afternoon right away, and she stated she argued with them about why she had to go to the City doctor and she was told she also needed her personal physician's note for the City doctor to see her. She went home and brought the note back to the Civil Service Department, then she went straight to the City doctor but was not able to be seen. She went the first thing the next morning. Mr. Grzembski stated there was contrary language and Ms. Young made the effort to follow the policy. She had to use 1-% hours of sick time to go to the City doctor. The Departmental rule states that in any case where an employee is absent from work for 2 or more consecutive days, the Director of Public Works may require a medical certificate attesting to the stated cause of the absence. In all cases where an employee is absent from work for five (5) consecutive work days, the submitting of such a certificate shall be mandatory. Mr. Wilson responded that he didn't think the language was contradictory and read the Civil Service Commission rule which states, "at the discretion of the Department employees on sick leave for personal or family illness three consecutive or more working days may be required to submit a physician's certificate. Ms. Mahoney inquired what time Ms. Young was called. Ms. Young replied that her foreman called her at 2:30 p.m. When she went to the Civil Service Department she didn't bring her personal physician's note so she had to go back home to get that. Ms. Mahoney inquired why Ms. Young didn't sign in at the clinic. Ms. Young responded that she only spoke with a receptionist who said the doctor had already left for the day. Page 17 1232" Regular Meeting January 17, 2007 The Chairperson stepped down to second the following motion. Upon a motion by Mr. Campau, seconded by Harry Tatigian and adopted, it was 07-31 RESOLVED, That having reviewed AFSCME Union Local 192 Grievance #06-24, dated November 15, 2006, from Audrey Young, Equipment Operator II, regarding sick leave and having discussion with Ken Grzembski, Vice -President, AFSCME Union Local 192; Brian Wilson, Assistant Superintendent of Public Service; Robert F. Biga, Human Resources Director, and Derrick L. Washington, Personnel Analyst II, the Civil Service Commission does hereby approve restoring Ms. Young's sick leave bank for one and three- quarter (1-3/4) hours. AYE: Campau and Tatigian NAY: Mahoney Brian Wilson, Assistant Superintendent of Public Service, stated he sent AFSCME Union Local 192 Grievance #06-25, dated November 27, 2006, regarding temporary upgrades, back to the Union because there was no signature of a grievant or grievants as required in the 192 contract. He added that the grievance could not be considered a class action; it's a narrow issue involving in one section involving a handful of employees. Ken Grzembski, Vice -President, AFSCME Union Local 192, stated that he didn't think the remedy request of donating $25 to a charity was necessary; the Union is just looking for the Rules to be followed regarding temporary promotions. Mr. Wilson continued that following this grievance the Superintendent met with the individuals in the garage to see what the issue was. They had no problem and he referenced a letter dated November 28, 2006, wherein five (5) of the mechanics state there is no grievance. The Union was simply asking that people be asked to work the temporary upgrades based on seniority in the lesser classifications. Mr. Wilson added that the contract specifies that the "senior qualified" will get it. Qualified, in this case, indicates the individual getting the job is fully qualified in some special areas. None of the other mechanics are objecting to not receiving this position. Mr. Campau asked if the Union would provide some training with the Foremen on writing the grievances indicating he was missing some contract language. Upon a motion by Ms. Mahoney, seconded by Mr. Campau and unanimously adopted, it was 07-32 RESOLVED, that having reviewed AFSCME Union Local 192 Grievance #06-25, dated November 27, 2006, regarding temporary upgrades, and having discussion with Ken Grzembski, Vice -President, AFSCME Union Local 192, the Civil Service Commission does hereby deny the request to make a donation of $25.00 to a charity of the choice of AFSCME Union Local 192. Page 18 1232" Regular Meeting January 17, 2007 At the request of Management, with the grievant having no objection, AFSCME Union Local 192 Grievance #06-29, dated November 22, 2006, from Thomas Bak, Building Inspector regarding sick leave was postponed until the February 1, 2007 Civil Service Commission meeting. Upon a motion by Mr. Campau, seconded by Ms. Mahoney and unanimously adopted, it was 07-33 RESOLVED, That the Civil Service Commission, as requested by Ken Grzembski, Vice -President, AFSCME Union Local 192, does hereby, in accordance with Section 8, subsection (a), of the Open Meetings Act (MCL 15.268), direct that a Closed Civil Service Commission Meeting be held for the purposes of discussing AFSCME Union Local 192 Grievance #06-22, dated August 11, 2006, from Waller Rost, Custodian. A roll call vote was taken on the foregoing resolution with the following vote: AYES: Campau, Mahoney and Tatigian NAYS: None The Commission took a 2 minute recess and reconvened in closed session at 7:30 p.m. The Civil Service Commission returned to open session at 7:42 p.m. Upon a motion by Mr. Campau, seconded by Ms. Mahoney and unanimously adopted, it was RESOLVED, That the meeting be adjourned at 7:43 p.m. Gretchen Guisberl, Secretary III Harry C. Tatigian, Chairperson Ronald E. Campau, Commissioner Charlotte S. Mahoney, Commissioner