HomeMy WebLinkAbout1264th CSC Meeting1264' REGULAR MEETING OF THE
CIVIL SERVICE COMMISSION
The 1264th Regular Meeting of the Civil Service Commission was held on Wednesday,
September 16, 2009. The meeting was called to order at 5:33 p.m.
Members Present: Ronald Campau, Chairperson
Charlotte S. Mahoney (5:42 p.m.)
Harry C. Tatigian
Also Present:
Dennis DeMeyer, Building Inspector Brian Wilson, Superintendent of Public
Charles Locke, President, AFSCME Union Service
Local 192 Robert F. Biga, Human Resources Director
Michael T. Slater, Director of Finance Derrick L. Washington, Personnel Analyst II
Gretchen Guisbert, Secretary III
The Chairperson stepped down to second the following motions until Ms. Mahoney could be
present:
Upon a motion by Mr. Tatigian, seconded by Mr. Campau and adopted, it was
09-168 RESOLVED, That the minutes of the 1263rd Regular Meeting held
Thursday, August 20, 2009, be approved as submitted.
09-169 RESOLVED, That having reviewed the letter of August 19, 2009,
from Debra Finkbeiner, Clerk I, as approved for submission by Kathleen Monroe,
City Librarian, requesting an intermittent unpaid leave of absence, the Civil
Service Commission does hereby confirm the administrative approval of
Ms. Finkbeiners request for a sixty (60) day unpaid intermittent leave of absence
after she exhausts her vacation and personal business leave banks.
09-170 RESOLVED, That having reviewed the letter of August 19, 2009,
from Ghada Bochenek, Library Aide II, as approved for submission by Kathleen
Monroe, City Librarian, requesting additional Family Illness leave and a request
for an intermittent unpaid leave of absence, the Civil Service Commission does
hereby confirm the administrative approval of Ms. Bochenek's request for an
additional six (6) days from her personal illness bank to be used for family illness
and approves her request for a sixty (60) day unpaid intermittent leave of absence
after she exhausts her vacation and personal business leave banks.
09-171 RESOLVED, That having reviewed the Departmental
Correspondence of September 8, 2009, from Angelo Colone, Senior Police
Officer, as approved for submission by Robert Stevenson, Police Chief,
requesting carry over of vacation days based on a projected retirement date of
September 8, 2012, the Civil Service Commission does hereby confirm the
administrative approval to carry over excess vacation days;
Paget 1204'° Regular Meeting September 16, 2009
AND BE IT FURTHER RESOLVED, that the maximum number of days permitted
for payoff at retirement is sixty-eight (68) as established in accordance with the
Livonia Police Officers Association contract, Article 22.9, Vacation Accrual and
Civil Service Commission Rule 25, LEAVES, Section 25.1 Annual Leave
(Vacation), paragraph (f),
AND BE IT FURTHER RESOLVED, that the maximum number of days is based
upon the employee qualifying for the bonus vacation days for not using more
than five (5) sick leave days annually in the three (3) years immediately prior to
retirement.
09-172 RESOLVED, That the Civil Service Commission does hereby
confirm the administrative approval of the eligible list for Clerk -Typist II (Non-
competitive), for Nancy Siegle.
The Commission received and fled the following:
Status of Temporary Employees Report for August 2009.
Non -Resident Report as of September 1, 2009.
Current Open -Competitive and Promotional Eligible Lists as of September 1
2009.
Affirmative Action Report for August 2009.
09-173 RESOLVED, That having reviewed the expiring eligible lists for the
month of October 2009 — City Engineer (917 o.c.), Assistant Director of
Inspection (1286 p.) and Police Officer (1285 p.), the Civil Service Commission
does hereby confinn the administrative approval to extend the Police Officer
(1285 p.) eligible list for six (6) months until April 16, 2010.
Removal of names from active eligible list report for the month of September
2009— none.
Council Resolutions from the August 26, 2009 meeting with minutes to be
approved September 9, 2009.
(1) #364-09, approving the salary and fringe benefit adjustments for the
classification of Fire Chief for the period of December 1, 2008,
through November 30, 2012.
(2) #365-09, discharging the Committee of the Whole from further
consideration of Council Resolution #337-09 relating to the proposed
salary and fringe benefit adjustments for the Police Command Staff
for the period December 1, 2006, through November 30, 2012, and
directing the matter to be taken up for consideration by the City
Council.
(3) #366-09, approving the salary and benefit adjustments for the Police
Command Staff for the period December 1, 2006, through November
30, 2012.
Page 12W Regular Meeting September 16, 2009
09-174 RESOLVED, That having reviewed the Departmental
Correspondence of August 21, 2009, from Donald Donnelley, Fire Marshal, as
approved for submission by Shadd A. Whitehead, Fire Chief, requesting
permission to carry over vacation days in excess of the maximum based on a
new projected retirement date of August 5, 2012, the Civil Service Commission
does hereby approve Mr. Donnelley's request to carry over excess vacation days
up to a maximum payout of sixty-eight (68) eight (8) hour days as provided by the
Livonia Firefighters Union contract.
09-175 RESOLVED, That having reviewed the letter of August 26, 2009,
from Brian Wilson, Superintendent of Public Service and Kevin Maillard, Director
of Public Works, 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 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, 'N'
endorsement, 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
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 20.13. 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.
09-176 RESOLVED, That having reviewed the letter of August 26, 2009,
from Brian Wilson, Superintendent of Public Service and Kevin Maillard, Director
of Public Works, 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:
Page 12W Regular Meeting September 16, 2009
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 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, "N"
endorsement 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 20.13. in competitive examinations which include
Departmental Ratings, the Departmental Rating from 0 to 100 will count 20% of the
examination, but a scare under 70 will not disqualify the candidate from continuing in the
process.
09-177 RESOLVED, That having reviewed the letter of August 31, 2009,
from Todd Zilincik, City Engineer, and Kevin Maillard, Director of Public Works,
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:
QUALIFICATIONS
The examination is open only to employees of the City of Livonia who, by the closing date of
the announcement, are:
1. Are employed in the City of Livonia; and
2. Have regular status in the classification of Clerk I, Clerk -Typist I or Tax Clerk;
and
3. Have a minimum of one (1) year experience with the City of Livonia.
PARTS OF EXAMINATION AND WEIGHTS
Written Test -80% Departmental Rating -20%'
`In the event there is only one candidate for the position, the Parts and Weights of examination
will be 100% Departmental Rating.
Pages 12W Regular Meeting September 16, 2009
Candidates must pass Written Test 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 Ratings from 0 to 100 will count as 20% of the
examination, but a score under 70 will not disqualify the candidate from continuing the
process.
09-178 RESOLVED, That having reviewed the letter of September 10,
2009, from Dennis DeMeyer, Building Inspector, as approved for submission by
Alex Bishop, Director of Inspection, requesting a one-time exception to be
allowed to opt -out of the City of Livonia's health insurance plan after the open -
enrollment period, the Civil Service Commission does hereby approve a one-time
exception to allow Mr. DeMeyer to opt -out, subject to Mr. DeMeyer providing
evidence of possessing insurance through a source other than the City of
Livonia.
09-179 RESOLVED, That the Civil Service Commission does hereby
confirm the administrative approval of the eligible list for Accountant III (1298 p.).
09-180 RESOLVED, That having reviewed the memorandum of September
16, 2009, from Michael T. Slater, Director of Finance, requesting an open -
competitive examination for Chief Accountant and proposed qualifications and
parts of examination and weights, the Civil Service Commission does hereby
approve the following qualifications and parts of examination and weights:
QUALIFICATIONS
By the closing date of this announcement, applicants must:
1. Be a citizen of the United States or resident alien with the right to work in the
United States; AND
2. Have a Bachelor's Degree from an accredited college or university with a
major in Accounting, or an acceptable equivalent of experience and training;
AND
3. Have five (5) years of full-time paid supervisory experience in the field of
accounting within the last ten (10) years; AND
4. Have at least two (2) years of full -lime paid work experience related to
governmental accounting.
PARTS OF EXAMINATION AND WEIGHTS
100% Interview
Candidates must pass the Interview in order to be placed on the eligible list.
The Commission took a brief recess at 5:40 p.m.
Ms. Mahoney arrived at the meeting at 5:42 p.m.
The Commission meeting reconvened at 5:44 p.m.
Page 12W Regular Meeting September 16, 2009
Charles Locke, President, AFSCME Union Local 192, presented Grievance #09-21, dated
July 22, 2009, from Paula Bryant, Engineering Trainee, regarding a work assignment and
explained that on June 3, 4, 5 and 8, 2009, Ms. Bryant was asked to take over job duties of
Randy Toma, who is an Engineering Assistant I. Ms. Bryant did the job and she was not paid
for the upgrade in pay rate. Mr. Locke stated Mr. Wilson cited one of the reasons for not
paying her was per Article 39, Temporary Assignment and Promotions, paragraph A, which
states in part, "Temporary assignments for the purpose of filling a vacancy of Employees who
are on vacation, absent because of illness, etc...... and no one was on vacation, ill or
otherwise off work. Mr. Locke asserted that there was a position vacant due to a death. He
believed that qualifies if Article 39, paragraph A is cited.
Mr. Tatigian inquired what work Ms. Bryant performed. Mr. Locke replied that according to
Ms. Bryant's statement, she marked the sidewalks. Mr. Tatigian thought she only wrote down
the addresses of the places that had red paint marks on their sidewalks. Mr. Locke believed
that this was pointed out during discussion with Mr. Zambouris and Mr. Wilson.
Mr. Tatigian asked Mr. Wilson if he agreed with this and he stated he did not. Mr. Wilson
responded that he interviewed Ms. Bryant and found out exactly what she did. Mr. Tatigian
asked why Ms. Bryant was not present at the meeting and Mr. Locke replied that he couldn't
speak for another individual.
Ms. Mahoney inquired if Mr. Locke spoke with Ms. Bryant about this meeting and he replied
that he did not. Mr. Locke added they were under the impression that Mr. Romano would be
in attendance and that he would have had the discussion with Ms. Bryant, but at the last
moment, he was not able to be here.
Mr. Locke then referenced paragraph three (3) of the Step II Disposition and concluded by
stating they were straddling the line of if Ms. Bryant recommended that some sections of
sidewalk be marked or if she actually put paint marks on the sidewalk.
Brian Wilson explained that in May sidewalk inspections were conducted by Engineering
Assistant I, Randy Toma. Mr. Wilson advised this grievance was submitted seven (7) weeks
later on July 22, 2009. The premise of the grievance was that Paula Bryant was perfonning
Engineering Assistant I work back in June involving the sidewalk program. Actually, the
Engineering Assistant I, Randy Toma, performed all the inspection work and documentation
used in the preparation of the plans and specs for the program. Ms. Bryant, in her
classification as Engineering Trainee, is assigned various types of field work, but she also
does inspections and makes subjective assessments and judgments out in the field, but what
she was doing back in June was merely following behind what had already been inspected
and noting the addresses where a sidewalk had been marked with red paint. She used a
clipboard or a steno pad to write down the addresses and the information was turned over to
the Roads section so they could go and cold patch these sidewalk lifts. The City has the
liability and the potential safety hazard after the sidewalk has been inspected. If temporary
repairs aren't made to a hazardous slab and someone was injured, it could mean a lawsuit.
Communication between the Engineering Division and the Public Service Division could have
been better and when he learned about the task that Ms. Bryant did, he questioned the whole
need to have her doing this task.
Page] 12W Regular Meeting September 16, 2009
Mr. Wilson indicated it was the Union that cited Article 39 and Civil Service Commission Rule
20.3, both concerning Temporary Appointments to hire classifications. They both had to do
with vacancies; there was no real vacancy in this situation and no budgeted position for the
deceased Engineering Assistant I. The grievance refers to the announcement for the
description of work for the Engineering Assistant I classification and it specifically points to the
words "assist in preparing plans and specifications.' Ms. Bryant did not assist with preparing
any plans or specifications for the sidewalk program nor did she have any plans and
specifications resulting from her task. The grievance didn't cite Management Rights, but it is
within that Article that reveals that Management determines the method, means and
personnel and that every incidental duty that gets assigned is not necessarily going to be in
the job description. Mr. Wilson stated the burden lies with the Union to put for the argument
that the task performed by Ms. Bryant was at the level at the higher classification. Mr. Toma
did all the inspection work and all the paperwork that resulted in the plans and specs for the
sidewalk replacement program. Ms. Bryant's task of writing down addresses with sidewalks
marked with red paint is not comparable to that inspection work.
Ms. Mahoney commented that Mr. Romano wrote a good letter, but inquired if it was his
intention to discuss this matter, rather than filing an official grievance. Ms. Mahoney
recommended that any letters to be submitted to the Civil Service Commission be specific
because this letter was unclear if it was to be discussed or if it was a grievance. Ms.
Mahoney was concerned that the individual was not present because she would like to ask
her if she actually painted the sidewalks because this is hearsay. Mr. Locke discussed the job
descriptions and explained they are so completely different that any work Ms. Bryant
performed on that day falls under the description of Engineering Assistant 1, not under the job
description of Engineering Trainee. Whether she painted the sidewalk or not, the duties she
was sent out to perform, are in his opinion, Engineering Assistant work. Investigating
complaints, answering questions from the public, performing related work as assigned, none
of that is in the Engineering Trainee job description.
Mr. Wilson commented that Ms. Bryant did none of that work. Ms. Mahoney asked if this
grievance was brought forth because the Union wanted to grieve it or because the individual
wanted to grieve it. Mr. Locke explained Ms. Bryant was unsure of what she could and could
not do. Mr. Campau inquired about the timeliness of the grievance and Mr. Locke replied that
the timeliness was not that big of an issue given the fact that they have multiple grievances
over the years that have not been answered timely on management's side and common
courtesy reflected back is not out of the question to ask for.
Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was
09-181 RESOLVED, That having reviewed AFSCME Union Local 192
Grievance #09-21, dated July 22, 2009, from Paula Bryant, Engineering Trainee,
regarding a work assignment, and having discussion with Charles Locke,
President, AFSCME Union Local 192; and Brian Wilson, Superintendent of Public
Service, the Civil Service Commission does hereby deny the grievance.
Page
12W Regular Meeting
September 16, 2009
Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian and unanimously adopted, it was
09-182 RESOLVED,
That the Civil Service
Commission does hereby
approve the following schedule
for 2010 for the
Civil Service Commission
meetings:
DAY
DATE
TIME
WEDNESDAY
JANUARY 20, 2010
5:30 P.M.
WEDNESDAY
FEBRUARY 17, 2010
5:30 P.M.
WEDNESDAY
MARCH 17, 2010
5:30 P.M.
WEDNESDAY
APRIL 21, 2010
5:30 P.M.
WEDNESDAY
MAY 19, 2010
5:30 P.M.
WEDNESDAY
JUNE 16, 2010
5:30 P.M.
WEDNESDAY
JULY 21, 2010
5:30 P.M.
THURSDAY
AUGUST 19, 2010
5:30 P.M.
WEDNESDAY
SEPTEMBER 15, 2010
5:30 P.M.
WEDNESDAY
OCTOBER 20, 2010
5:30 P.M.
WEDNESDAY
NOVEMBER 17, 2010
5:30 P.M.
WEDNESDAY
DECEMBER 8, 2010
5:30 P.M.
Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was
RESOLVED, That the meeting be adjourned at 6:00 p.m.
Gretchen Guisbert, Secretary III
Ronald E. Campau, Chairperson
Charlotte S. Mahoney, Commissioner
Harry C. Tatigian, Commissioner