HomeMy WebLinkAbout1263rd CSC Meeting1263rd REGULAR MEETING OF THE
CIVIL SERVICE COMMISSION - REVISED
The 1263rd Regular Meeting of the Civil Service Commission was held on Thursday, August
20, 2009. The meeting was called to order at 6:00 p.m.
Members Present:
Also Present:
Charles Locke, President, AFSCME Union
Local 192
Steve Schoonover, Vice -President,
AFSCME Union Local 192
Audrey Young, Chief Steward, Roads,
AFSCME Union Local 192
Ronald Campau, Chairperson
Charlotte S. Mahoney
Harry C. Tatigian
Brian Wilson, Superintendent of Public
Service
Todd Zilincik, City Engineer
Robert F. Biga, Human Resources Director
Derrick L. Washington, Personnel Analyst II
Gretchen Guisbert, Secretary III
Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian and unanimously adopted, it was
09-151 RESOLVED, That the minutes of the 1262nd Regular Meeting held
Wednesday, July 15, 2009, be approved as submitted.
Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was
09-152 RESOLVED, That having reviewed the letter of June 23, 2009 from
Lynda Mokris, Clerk -Typist I, as approved for submission by Alex Bishop,
Director of Inspection, requesting an unpaid medical leave of absence, the Civil
Service Commission does hereby confirm the administrative approval of
Ms. Mokris' request for an unpaid medical leave of absence beginning on July
17, 2009, through July 21, 2009. Ms. Mokris submitted the required certification
from her personal physician and returned to work on July 22, 2009.
09-153 RESOLVED, That having reviewed the Departmental
Correspondence of July 23, 2009, from Linda Bieszczad, Clerk -Typist I, as noted
by Robert Stevenson, Police Chief, requesting an intermittent unpaid medical
leave of absence, the Civil Service Commission does hereby confirm the
administrative approval of Ms. Bieszczad's request for an intermittent unpaid
medical leave of absence beginning on June 11, 2009, for a period not to exceed
thirty (30) work days, through December 11, 2009. Ms. Bieszczad submitted the
required certification from her personal physician.
09-154 RESOLVED, That having reviewed the letter of July 30, 2009, from
Karla Sadler, Clerk -Typist I, as approved for submission by Karen Kapchonick,
Superintendent of Parks and Recreation, requesting an extension of intermittent
unpaid leave of absence, the Civil Service Commission does hereby approve the
administrative approval of an extension of an intermittent unpaid leave of
absence, atter Ms. Sadler uses the six (6) additional sick leave days for family
illness that were approved at the April 15, 2009 Civil Service Commission
Page 2 1263rd Regular Meeting Augu420, 2009
meeting, for a period not to exceed sixty (60) workdays, for the period of July 20,
2009 through December 31, 2009.
09-155 RESOLVED, That having reviewed the letter of August 11, 2009,
from Karen Tesner, Director of Legislative Affairs, as approved for submission by
Jack E. Kirksey, Mayor, 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. Tesner for one (1) year, commencing
September 30, 2009, 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.
09-156 RESOLVED, That the Civil Service Commission does hereby
confirm the administrative approval of the passing point of 70 or 70% of the
maximum score of 100, for the written test for Equipment Mechanic 11 (1296 p.).
09-157 RESOLVED, That the Civil Service Commission does hereby
confirm the administrative approval of the eligible list for Clerk -Typist 11 (Non-
competitive), for Mary Lou Soler.
09-158 RESOLVED, That the Civil Service Commission does hereby
confirm the administrative approval of the eligible list for Clerk -Typist 11 (Non-
competitive), for Stephanie Reece.
09-159 RESOLVED, That the Civil Service Commission does hereby
confirm the administrative approval of the eligible list for Clerk -Typist 11 (Non-
competitive), for Karla Sadler.
09-160 RESOLVED, That the Civil Service Commission does hereby
confirm the administrative approval of the eligible list for Equipment Mechanic 11
(1296 p.).
The Commission received and fled the following:
a. Status of Temporary Employees Report for July 2009.
b. Non -Resident Report as of August 1, 2009.
C. Current Open -Competitive and Promotional Eligible Lists as of
August 1, 2009.
d. Affirmative Action Report for July 2009.
09-161 RESOLVED, That having reviewed the expiring eligible lists for the
month of September 2009 — Firefighter (915 o.c.) and Tax Clerk 1 (906 o.c.), the
Civil Service Commission does hereby confirm the administrative approval to
extend the Firefighter (915 o.c.) eligible list for six (6) months until March 29,
2010.
Page 1263rd Regular Meeting August 20, 2009
Removal of names from active eligible list report for the month of
August 2009:
Water Meter Repairer 1 (1297 p.)
Kuchera, William
Schoonover, Steven
Council Resolutions from the July 8, 2009 meeting with minutes to be
approved July 20, 2009:
(1) #284-09, reappointing Matthew Henzi to the Zoning Board of
Appeals for a three-year term expiring July 12, 2012.
(2) #291-09, reappointing Toni Audia Aloe, to the Zoning Board of
Appeals for a three-year term expiring July 2, 2012.
(3) #293-09, directing that a Closed Committee of the Whole meeting
be held for the purpose of discussing the proposed Livonia
Lieutenants and Sergeants Association Contract.
(4) #297-09, directing that a Closed Committee of the Whole meeting
be held for the purpose of discussing the Police Command Staff in
conjunction with the proposed Livonia Lieutenants and Sergeants
Association Contract Agreement for the period December 1, 2006,
through November 30, 2012.
h. Council Resolution from the July 20, 2009 meeting with minutes to be
approved August 10, 2009:
(1) #313-09, directing that a Closed Committee of the Whole meeting
be held for the purpose of discussing proposed salary and fringe benefit
adjustments for the classification of Fire Chief for the period December 1,
2008, through November 30, 2012.
Memorandum of July 27, 2009, from Vickie Wuerth, Personnel Clerk,
requesting cancellation of an intermittent unpaid medical leave of absence
for Larry Rushing, Code Enforcement Officer.
Letter of August 4, 2009, from Kenneth R. Dallafor, Senior Vice -President,
Group Sales and Corporate Marketing, regarding Blue Choice® Point of
Service.
Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was
09-162 RESOLVED, That having the letter of July 23, 2009, from Todd
Zilincik, City Engineer, requesting to be allowed to "opt out" of the City's
hospitalization -medical insurance plan after the open enrollment period, the Civil
Service Commission does hereby approve a one-time exception to allow
Mr. Zilincik to opt -out, subject to Mr. Zilincik providing evidence of possessing
insurance through a source other than the City of Livonia.
Charles Locke, President, AFSCME Union Local 192, presented Grievance #09-19, dated
July 9, 2009, from Alfred Johnson, Equipment Operator 11, regarding overtime and explained
that Mr. Johnson worked sixteen (16) hours on the Friday preceding the Saturday in question,
Page 1263rd Regular Meeting August 20, 2009
from 7:00 a.m. to 11:00 p.m. He explained that Mr. Johnson was paid eight (8) hours of
straight time and eight (8) hours at time -and -a -half. It was further explained that Mr. Johnson
had a six (6) hour break and reported back to work at 5:00 a.m. on Saturday morning, under
the impression he would be paid double-time since he hadn't received an eight (8) hour break.
Mr. Locke stated Mr. Wilson decided to pay Mr. Johnson at time -and -a -half rather than double
time, since the Saturday was scheduled overtime. The Union's position is that the reason you
are paid double time when you have worked more than sixteen (16) hours and haven't
received an eight (8) hour break, is that you are compensated for your fatigue.
Mr. Locke agreed that it was Management's prerogative to schedule employees as they see fid
and had Mr. Johnson not worked sixteen (16) hours prior to that there would be no discussion.
However, since Mr. Johnson did not receive an eight (8) hour break between shifts, he should
be entitled to double time for all hours worked until he does receive an eight (8) hour break in
service.
Mr. Wilson stated the facts in this matter are not in dispute; however, the Union cites Article 32,
paragraph F, as being applicable, but the intent of this paragraph doesn't make it applicable.
He referenced the first sentence of the paragraph setting forth the condition to be met, which is
"next normal work day" and the rest of the paragraph sets forth the results of meeting that
condition. He added that the language of the paragraph speaks specifically three (3) times
within it to "next normal work day;' it doesn't speak to "next day of work' or "next work day."
The contract defines normal work weeks and normal work days. In Article 31, normal work
days are defined as being Monday through Friday. He explained this issue came up last year
in Grievance #08-10, during Spree time, and both parties agreed that in the future they would
follow contract language to pay this and the proper venue to change that contract language
would be at the bargaining table and not through the grievance process.
Mr. Campau asked what contract language is applicable. Mr. Wilson replied that it was Article
32, paragraph B. "Time and one-half will be paid to all Employees of the bargaining unit,'
number 2, "For the sixth day of work," and Saturday was Mr. Johnson's sixth day of work. He
explained that Saturday is not a normal work day as defined by the contract.
Mr. Campau referenced the grievance from last year and Mr. Wilson replied the resolution to
that grievance was attached to the Commissioners packets. He referenced Resolution #3,
which stated "In the future employees would be paid per contract and will receive time and
one-half on Saturday.' Mr. Locke stated he didn't see the response, but they had a verbal
discussion and he told Mr. Wilson he would not question his ability to schedule employees as
he sees ft. Mr. Locke commented this could affect the Water Department because if someone
worked sixteen (16) hours on a Friday and a water break occurred at midnight, and the only
crew you can gel is the crew that was just released, are they going to tell that crew they are
not entitled to double time because they had an hour break?
Ms. Mahoney said that did not have anything to do with the fact that Mr. Johnson was
scheduled for overtime the next day. Mr. Campau clarified that Mr. Wilson was referring to
Mr. Johnson's next normal work day. Mr. Locke stated Mr. Wilson was stating that Saturday is
not a normal work day therefore he is not entitled to double time. The Union's argument is that
if you work sixteen (16) hours in a twenty-four (24) hour period, until you received an eight (8)
hour break, you should be paid at the double time rate.
Page 5 12Mrd Regular Meeting Augu420, 2009
Mr. Wilson staled if the contract said "next day of work" or "next work day,' we wouldn't be
sitting here, but it specifically says "normal work day", which is defined by contract as Monday
through Friday. Mr. Locke believed the language Mr. Wilson was pulling out of context, was to
protect the employees so they will not lose fatigue time. If it is a normal work day you will not
lose any straight pay, because you are allowed to go home and rest when you've worked all
night.
Mr. Wilson stated that is why it is not applicable. Mr. Campau asked how much money was in
question regarding this matter. Mr. Wilson responded it was the difference between eight (8)
hours at time -and -a -half and eight (8) hours at double time, so the difference is about half-time.
Mr. Locke commented it was about $10 per hour, or about $100. Mr. Campau asked how
much going to arbitration would cost, to which it was answered, "thousands."
Mr. Tatigian stated when he first read this Grievance, he was inclined to go along with the
Union, but based on the language of the contract as to what is a "normal work day" vs. a
Saturday of scheduled overtime, he reluctantly had to rule against the Union.
Mr. Tatigian made a motion to deny the grievance and Ms. Mahoney supported the motion, but
the motion was not voted upon.
Mr. Locke continued the discussion by listing different scenarios of working overtime asked if
they were informing him he was no longer entitled to double time. Mr. Wilson responded that
employees are paid appropriately by contract.
Mr. Campau asked if there was any other resolution to this. Mr. Wilson stated that if this is
important to the Union, it is something they should bring forth at the bargaining table to change
the language. Mr. Tatigian recommended this be negotiated into a Letter of Understanding to
avoid arbitration.
Ms. Mahoney stated that if an employee worked through the time they should have been on
rest period and they were due to come back in the morning, Management should make sure
that someone else reported for work in the morning because the employee should have that
rest period.
Some discussion occurred regarding the Spree and how/if the City is reimbursed for
employees' time working for the Spree. Mr. Wilson indicated there is a partial reimbursement
to the City.
Mr. Biga referenced last years AFSCME Union Local 192 Grievance #08-10 Resolution #3
and read Resolution #4, which states "A minimum eight (8) hour break between shifts will be
given to employees working the Spree" and asked what this meant. Mr. Wilson responded that
this was the discussion they had with the employees in Parks section that were scheduled for
Spree and the grievance resolution was specific to the Park Maintenance section and the
Spree overtime. He agreed with the fact that employees should get eight (8) hour breaks and
they are going to make every effort, that when an employee comes into work at 7:00 a.m. if
they worked until 11:00 p.m. the night before, they have someone else scheduled for that
overtime.
Page 1263rd Regular Meeting August 20, 2009
Mr. Schoonover clarified Mr. Johnson was not working Spree on Friday night, he actually
worked driving a truck for a water break and when he returned to work at 5:00 a.m. Saturday
morning he was working with the Roads Department doing water break restoration. He
believed Mr. Johnson's duties had nothing to do with Spree.
Mr. Wilson explained that this just happened to be the same timeframe and he apologized for
any confusion. Mr. Campau believed the contract language says one thing but it was the
City's mistake in calling this employee to work at 5:00 a.m. He further stated the contract
language stipulates that the employee should not be paid double time, but due to the exigent
circumstances, he believed the man should be paid double time for that period of time.
The Chairperson stepped down to offer an amended resolution.
Upon a motion by Mr Campau, and seconded by Mr. Tatigian, and unanimously adopted, it
was
09-163 RESOLVED, That having reviewed AFSCME Union Local 192
Grievance #09-19, dated July 9, 2009, from Alfred Johnson, Equipment Operator
II, regarding overtime, and having discussion with Charles Locke, President,
AFSCME Union Local 192; Brian Wilson, Superintendent of Public Service;
Steven Schoonover, Vice -President, AFSCME Union Local 192, and Robert
Biga, Human Resources Director, that based on exigent circumstances, the Civil
Service Commission does hereby approve paying Mr. Johnson the difference
between time and one-half and double time for the hours he worked on
Saturday, June 27, 2009, until he was released for an eight (8) hour period;
AND BE IT FURTHER RESOLVED, That this matter is not precedent setting and
in the future management would adjust the start time for employees working
overtime to adhere to the contract language to allow for an eight (8) hour break in
service.
Mr. Locke presented AFSCME Union Local 192 Grievance #09-15, dated June 2, 2009, from
Edward Giedrojc, Custodian, regarding denial of a temporary assignment as a Construction
Worker I, and explained on May 26, 2009, Mr. Giedrojc was passed over for a temporary
position. Mr. Locke stated that Mr. Giedrojc meets all the qualifications on paper and it is the
Union's position that if the job is posted with certain criteria and the employee meets the
criteria, they should be allowed an opportunity to perform in that job. The Union also believes
that until a Foreman decides that an employee either can or cannot do the job, the decision
should not be made ahead of time based on random notes submitted by employees.
Mr. Campau inquired what notes Mr. Locke was referring to. Mr. Locke referred the
Chairperson and Commissioners to the attachments in their packets for this grievance.
Mr. Locke indicated that Mr. Giedrojc possessed a state -issued CDL and has seniority in the
Department and he should have been able to take this job. Mr. Campau said there is a
question as to whether or not Mr. Giedrojc is qualified because there are other qualifications
that have a bearing. Mr. Campau advised that previously Mr. Giedrojc failed the performance
driving test. Mr. Locke stated there were other employees who had failed the test but were
afforded a second opportunity to retest.
Page] 1263rd Regular Meeting Augu420,2009
Mr. Wilson stated that Mr. Buda was transferred to the posted position on May 26, 2009 and
Management did not consider Mr. Giedrojc for the position because of his not being qualified.
He further stated there were two (2) issues that arose from this posting that are part of this
grievance. The first issue is the language in Qualification #3, which states "Eligibility will be
determined in the following order: 1. Status as a Construction Worker I; 2. Position on the
Construction Worker I eligible list; 3. By seniority in the Road Maintenance and Sign
Maintenance Sections; and 4. By seniority in a permanent Public Works classification" This
language has been in place for years and was specifically asked for by the Union to be
included in Temporary postings. The Union believes this language should only apply to
employees in the section who have regular status in their position in that section, not someone
who is a regular employee on a Temporary Assignment in that section who is now seeking a
promotion to another position within that section. Mr. Buda received a Temporary Construction
Worker I opening. He was already in the Roads section as a Temporary Equipment Operator
11 and Management doesn't see any problem with changing the language for the future if the
Union would propose something in writing about that language, they would be happy to review
that. The other issues are who is the senior qualified employee and the ability of Mr. Giedrojc
to safely operate in and around equipment. It was agreed that after the Step 11 meeting that
Mr. Giedrojc would be sent for a controlled substance test, a Department of Transportation
physical examination and a CDL skills and road test, using a City vehicle. If he passed all of
these he would be given consideration for the position. It should be noted that Mr. Giedrojc
previously went on his own, to an unidentified tester, utilizing unknown equipment and was
passed on a skills and road test of which its content was unknown. Mr. Giedrojc failed the pre -
road test walk around portion of the test, which is given for the employee to provide a vehicle
inspection and demonstrate an understanding of the engine, lights, steering, brakes,
suspension and the various mechanisms of the vehicle. The Union believes he should be
given another opportunity to take the lest. Mr. Wilson advised that Mr. Giedrojc was previously
in the Roads section and had to be removed from his position due to his inattentiveness
around equipment and safety concems. He has not been able to pass a Civil Service
performance examination involving equipment.
Regarding the other employees who had the opportunity to retake the CDL skills test, they did
not have a history of the inability to work around equipment as this employee has. Fellow
employees, trainers, foremen, supervisors, outside evaluators from the Civil Service exams,
and an outside CDL tester have all identified problems with Mr. Giedrojc regarding equipment.
Mr. Wilson reiterated that safety was a primary concern and this has to be considered in the
qualifications in the ability to use equipment and work around the equipment. Mr. Wilson
doesn't want to keep revisiting this issue every time a posting comes up, so the request is to
have the Civil Service Commission deny this grievance and instruct the Union that if they
would like to redefine the qualification in the posting, to propose some language for review.
As far as Mr. Giedrojc's future promotion potential, Mr. Wilson stated he would put that in the
hands of the outside evaluators. If he passes a future Civil Service examination, he would be
sent for a DOT physical and road lest and if he passes, he would be given consideration.
Mr. Wilson explained that no employees that applied met Qualification #1, 'Status as a
Construction Worker I" and no employees were on a current Construction Worker I eligible list,
so Qualification #3 is where the Union and Management disagreed. Mr. Wilson believed that
Mr. Buda was eligible but the Union stated he was in a Temporary position and if Mr. Anderson
Page 1263rd Regular Meeting August 28, 2889
had applied for the job, he would have been given preference because he was assigned to that
Department. Ms. Mahoney clarified that Mr. Locke was saying was neither Mr. Buda nor Mr.
Giedrojc would have met Qualification #3 so they would have to look to Qualification #4, "By
seniority in a permanent Public Works classification," so Mr. Buda would have less seniority
than Mr. Giedrojc for consideration. She stated that based on what she read; she would not
want him operating a vehicle that she was dealing with.
Mr. Tatigian believed the issue appears to be whether the employee, Mr. Giedrojc, is qualified
for this position, so as not to endanger himself or anyone else while perforining this job.
Mr. Wilson confirmed that was correct. Mr. Tatigian stated the issue could be resolved with
testing. Mr. Wilson staled Mr. Giedrojc was asking to retake the test. Mr. Locke clarified that
what Mr. Wilson referred to is the standard procedure for issuing a CDL to a current employee
that does not possess a CDL prior to taking the job. The practice has been you are afforded a
certain number of hours of training, then you are sent to the tester and given a road test. If
you fail the road test, you are afforded another opportunity to retest. Mr. Locke stated
Mr. Wilson chose to deny Mr. Giedrojc a second opportunity to be tested. Mr. Tatigian clarified
that Mr. Locke objected to Mr. Giedrojc not being retested and if he was retested and failed
again, they would have no problem with him being denied the Temporary assignment. Mr.
Locke stated that was the original agreement and he would stick to that.
Robert Biga, Human Resources Director, cleared up some statements made regarding
eligibility determination #3 and stated it doesn't say anything about "Regular' status, it says
"seniority in the Road Maintenance and Sign Maintenance sections" and if he understood
correctly, Mr. Buda was assigned to the Road Maintenance section, albeit in a Temporary
capacity. As such, his seniority within the section should be considered and he is the senior
person in that section. By that Qualification he would be considered before Mr. Giedrojc and
therefore, it is a moot issue about sending Mr. Giedrojc for another test.
Mr. Locke stated based on Mr. Biga's interpretation, what would stop them from taking a
Seasonal employee. Mr. Biga referred Mr. Locke to the language in the 192 contract and the
Civil Service Commission Rules and Regulations regarding seniority and advised Seasonal
employees have no seniority.
A motion to deny this grievance was made by Ms. Mahoney and supported by Mr. Tatigian, but
the motion was not voted upon.
Further discussion continued.
Mr. Wilson wanted to have included in the resolution that Mr. Giedrojc be given consideration
in the future, after passing a Civil Service performance examination and passing a CDL test
from the outside tester, to avoid this situation in the future.
Mr. Schoonover stated it was his understanding that none of the information that Mr. Wilson
has given about Mr. Giedrojc's fellow employees, supervisors, and outsides testers is in
Mr. Giedrojc's Civil Service file. Mr. Wilson stated that Mr. Giedrojc's rating forth is part of his
personnel file and was a direct result of observations by his fellow Union employees and their
concerns about working with him. The information was given to the Foremen and the Foremen
routinely keep information regarding positive things that employees have done and negative
things that employees have done, all in the context of being able to perform these ratings.
Page 9 1263rd Regular Meeting Augu420, 2009
Mr. Schoonover asked if another job came up if Mr. Giedrojc could be tested. Mr. Wilson
confirmed that the vast majority of the positions in the Department require a CDL and require
the ability to work with, in and around equipment. Mr. Giedrojc can sign for any posting that
comes up and based on his qualifications, he can be considered.
Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian and unanimously adopted, it was
09-164 RESOLVED, That having reviewed AFSCME Union Local 192
Grievance #09-15, dated June 6, 2009, from Edward Giedrojc, Custodian,
regarding denial of a temporary assignment as a Construction Worker I, and
having discussion with Charles Locke, President, AFSCME Union Local 192;
Brian Wilson, Superintendent of Public Service; Steven Schoonover, Vice -
President, AFSCME Union Local 192, and Robert Biga, Human Resources
Director, the Civil Service Commission does hereby deny the grievance based on
the language in the posting regarding seniority in the Road Maintenance and
Sign Maintenance sections;
AND BE IT FURTHER RESOLVED, That should an opportunity arise in the
future, if qualified, Mr. Giedrojc be given consideration.
The Chairperson recommended that the Union propose new language regarding Qualification
#3 to Management for their review and if they came up with language that was agreeable, the
Civil Service Commission would be happy to look al the new language.
Ms. Mahoney requested that in the future, if notes are to be used, they should be more official
in appearance, i.e., dated, signed, etc. Mr. Wilson agreed with Ms. Mahoney.
The Chairperson requested a brief recess at 6:53 p.m.
The meeting reconvened at 6:58 p.m.
Mr. Biga discussed the issue of overtime with regard to non -represented employees and
explained that the City has come under the Fair Labor Standards Act and it was time to update
the provisions of the Compensation Plan. He stated that one issue is the definition of overtime
and there is no formal provision in the Compensation Plan about compensatory time, although
everyone in the City will tell you we have compensatory time. We need to have something in
writing, so this is a proposal to define overtime for non -represented people, clarify when they
are eligible for overtime, talk about flex time because some people do use flex time within the
City, and also to formalize a compensatory time program and put a cap on it. The FLSA has a
cap of forty (40) hours and he thought that was appropriate at this time. He further explained
that just because there was a cap of forty (40) hours doesn't mean someone can't get overtime
after that. The extra time must be paid out in cash. Also, clarification is needed for when an
employee terminates with compensatory time, it is paid off at their current pay rate.
The Compensation Plan does not apply to political appointees. Section 6.2 of the
Compensation Plan provides who is not eligible for overtime payments.
Page 10 1263rd Regular Meeting August 20, 2009
Mr. Biga explained that the Commission would be changing section 6.2.1 of the Compensation
Plan and the issue must go before City Council for their review and approval.
Ms. Mahoney asked if the Payroll system was set up to track this compensatory time and
Mr. Biga replied yes.
Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was
09-165 RESOLVED, That having reviewed the memorandum of August 20,
2009, from Robert F. Biga, Human Resources Director, regarding proposed
changes in the City's Compensation Plan regarding Overtime compensation for
non -represented employees, the Civil Service Commission does hereby approve
the following changes:
6.2. (1) Full-time City employees not represented by employee
organizations, excepting therefrom administrative classifications including
department heads, assistant department heads and assistant City Attorney
classifications, shall be compensated for hours worked in excess of forty (40) in
one (1) work week in cash or compensatory time at one and one-half times their
regular rate of pay. To the extent possible, Department Heads should utilize
flexible scheduling (flex time) to avoid working employees in excess of forty (40)
hours.
_GG
6.1 (2) Overtime is defined as an employee working more than the
regularly scheduled full-time work week. The regularly scheduled work week
may be forty (40) hours or some other amount of time based on the applicable
collective bargaining agreement.
6.1 (3) In accordance with the provisions of the Fair Labor
Standards Act, overtime must be compensated at one and one-half times an
employee's pay rate or in compensatory time calculated at one and one-half
limes the hours worked.
6.1 (4) Non -represented employees may elect to receive
compensatory time in lieu of cash payment for extra hours worked.
Compensatory time may be accumulated not to exceed forty (40) hours.
Overtime worked must be paid in cash if an employee has forty (40) hours of
compensatory time in their bank. Compensatory time up to forty (40) hours may
be paid on termination of employment at the employee's current pay rate.
Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was
09-166 RESOLVED, That having reviewed the letter of July 23, 2009, from
Michael T. Slater, Director of Finance, requesting a promotional examination for
Accountant III 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 11 1263rd Regular Meeting August 20, 2009
QUALIFICATIONS
This examination is open only to employees of the City of Livonia who, by the closing date of
the announcement are:
Employed in the Accounting Division of the Finance Department; and
Have regular status in the classification of Accountant II; and
Have at least eight (8) years of experience in the Accounting Division.
Departmental Rating -100%
Robert F. Biga, Human Resources Director, explained that now all the City collective
bargaining agreements have the Voluntary Employees Beneficiaries Association (VEBA)
provision, the VEBA Ordinance needed to be updated. There needs to be a resolution to City
Council transmitting language to amend the VEBA Ordinance. The City contacted Jack
Timmony, the attorney for the Retirement Board, and he researched this with the federal law
and prepared a draft of a proposed Ordinance amendment. He discovered that non-union
employees had to be given a one-time election to opt out of the VEBA. Once they opt out of
the VEBA for post -employment health care benefits, they can never opt back in the plan.
Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was
09-167 RESOLVED, That having reviewed the memorandum of
August 14, 2009, from Robert F. Biga, Human Resources Director, regarding a
proposed amendment to the City of Livonia Retiree Health and Disability Benefits
Plan and Trust (VEBA) Ordinance, the Civil Service Commission does hereby
approve the amendment to Section 3.01(e) which incorporates language
regarding participant contributions and further provides non-union employees a
one-time irrevocable election to participate in or opt out of the Plan as required
by Internal Revenue Service Code section 501(c)(9) and submits same to City
Council for its review and approval.
Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was
RESOLVED, That the meeting be adjourned at 7:15 p.m.
Ronald E. Campau, Chairperson Gretchen Guisbert, Secretary III
Charlotte S. Mahoney, Commissioner
Harry C. Tatigian, Commissioner