HomeMy WebLinkAbout1266th CSC Meeting1266' REGULAR MEETING OF THE
CIVIL SERVICE COMMISSION
The 1266' Regular Meeting of the Civil Service Commission was held on Wednesday,
November 18, 2009. The meeting was called to order at 5:35 p.m.
Members Present:
Also Present:
Suzanne Shelata, Program Supervisor
Brian Wilson, Superintendent of Public
Service
Yvonne Lillibridge, Account Clerk III
Ronald Campau, Chairperson
Charlotte S. Mahoney
Harry C. Tatigian
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
09-191 RESOLVED, That the minutes of the 1265th Regular Meeting held
Wednesday, October 14, 2009, be approved as submitted.
09-192 RESOLVED, That having reviewed the letter of October 12, 2009,
from Nicole Hunter, Clerk I, recommended for approval by Kathleen Monroe, City
Librarian, requesting an unpaid medical leave of absence, the Civil Service
Commission does hereby affirm the administrative approval of Ms. Hunter's
request for an unpaid medical leave of absence beginning on October 6, 2009
through October 13, 2009.
09-193 RESOLVED, That having reviewed the letter of October 16, 2009,
from Karla Sadler, Clerk -Typist II, recommended for approval by Karen
Kapchonick, Superintendent of Parks and Recreation, requesting an unpaid
intermittent personal leave of absence, the Civil Service Commission does
hereby affirm the administrative approval of Ms. Sadler's request for a thirty (30)
day unpaid intermittent personal leave of absence beginning on October 30,
2009.
09-194 RESOLVED, That having reviewed the letter of October 23, 2009,
from Duane Besonen, Custodian, recommended for approval by Brian Wilson,
Superintendent of Public Service, requesting an unpaid medical leave of
absence, the Civil Service Commission does hereby affirm the administrative
approval of Mr. Besonen's request for an unpaid medical leave of absence not to
exceed ninety (90) calendar days, beginning November 15, 2009, and subject to
required medical documentation being submitted to the Civil Service Department;
AND BE IT FURTHER RESOLVED, That the ninety (90) day unpaid medical
leave of absence is approved atter the exhaustion of any time donated by
employees.
Paget 1266' Regular Meeting November 18, 2009
09-195 RESOLVED, That having reviewed the letter of October 21, 2009,
from Edward Giedrojc, Custodian, recommended for approval by Brian Wilson,
Superintendent of Public Service, requesting an unpaid medical leave of
absence, the Civil Service Commission does hereby affirm the administrative
approval of Mr. Giedrojc's request for an unpaid medical leave of absence not to
exceed ninety (90) calendar days, beginning October 5, 2009, and subject to
required medical documentation being submitted to the Civil Service Department.
09-196 RESOLVED, That having reviewed the letter of October 13, 2009,
from Mike Kelly, Fire Engineer, recommended for approval by Shadd A.
Whitehead, Fire Chief, requesting additional family illness leave, the Civil Service
Commission does hereby affirm the administrative approval of Mr. Kelly's request
for an additional three (3) twenty-four (24) hour duty days for family illness.
09-197* RESOLVED, That having reviewed the letter of October 26, 2009,
Thomas Clark, Fire Engineer, recommended for approval by Shadd A.
Whitehead, Fire Chief, requesting additional family illness leave, the Civil Service
Commission does hereby affirm the administrative approval of Mr. Clark's
request for an additional three (3) twenty-four (24) hour duty days for family
illness.
*This item was later removed from the consent agenda and acted on as New
Business during the meeting (see Resolution #09-209).
09-198 RESOLVED, That having reviewed the letter of November 5, 2009,
from Linda Grimsby, City Clerk requesting an extension of a leave of absence
from the classified service, the Civil Service Commission does hereby affirm the
administrative approval of Ms. Grimsby's request for a one (1) year extension of
a leave of absence from the classified service beginning January 1, 2009.
09-199 RESOLVED, That having reviewed the Departmental
Correspondence of October 14, 2009, from Charles Lister, Police Sergeant, as
approved for submission by Robert Stevenson, Police Chief, requesting carry
over of vacation days based on a projected retirement date of October 14, 2012,
the Civil Service Commission does hereby affirm the administrative approval to
carry over excess vacation days;
AND BE IT FURTHER RESOLVED, that the maximum number of days permitted
for payoff at retirement is sixty-eight (68) as set forth in the Livonia Lieutenants
and Sergeants Association contract, Article 16.E., 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.
Page 1266' Regular Meeting November 18, 2009
09-200 RESOLVED, That having reviewed the letter of October 15, 2009,
from Margaret Watson, Program Supervisor, as approved for submission by
Mark S. Taormina, Planning Director, requesting carry over of vacation days
based on a projected retirement date of October 15, 2012, the Civil Service
Commission does hereby affirm the administrative approval to carry over excess
vacation days;
AND BE IT FURTHER RESOLVED, that the maximum number of days permitted
for payoff at retirement is fitly -seven (57) as set forth in 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.
09-201 RESOLVED, That having reviewed the letter of October 25, 2009,
from Kevin Schultz, 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 October 25, 2012, the Civil Service Commission
does hereby affirm the administrative approval to carry over excess vacation
days;
AND BE IT FURTHER RESOLVED, that the maximum number of days permitted
for payoff at retirement is sixty-eight (68) as set forth in the Livonia Police
Officers Association Contract, Article 22.7 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.
09-202 RESOLVED, That having reviewed the letter of November 5, 2009,
from James Sturgill, Equipment Operator III, as approved for submission by
Kevin Maillard, Director of Public Works, requesting carry over of vacation days
based on a projected retirement date of November 5, 2012, the Civil Service
Commission does hereby affirm the administrative approval to carry over excess
vacation days;
AND BE IT FURTHER RESOLVED, that the maximum number of days permitted
for payoff at retirement is fitly -seven (57) as set forth in 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.
Page 1266' Regular Meeting November 18, 2809
09-203 RESOLVED, That having reviewed the letter of November 9, 2009,
from John C. Raymond, Building Inspector, as approved for submission by Alex
Bishop, Director of Inspection, requesting carry over of vacation days based on a
projected retirement date of November 9, 2012, the Civil Service Commission
does hereby affnn the administrative approval to carry over excess vacation
days;
AND BE IT FURTHER RESOLVED, that the maximum number of days permitted
for payoff at retirement is fitly -seven (57) as set forth in 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.
09-204 RESOLVED, That the Civil Service Commission does hereby
confirm the administrative approval of the passing point of 22 on the Wondedic
Personnel Test (WPT) and 95 on the Clerical Series Test (CSA -1-A) for the
written test for Clerk II (1303 p.).
09-205 RESOLVED, That the Civil Service Commission does hereby
confirm the administrative approval of the passing point of 67 or 67% out of a
maximum score of 100 on the written test for Sewer Maintenance Worker 1
(1301 p.).
09-206 RESOLVED, That the Civil Service Commission does hereby
confirm the administrative approval of the eligible list for Clerk 11 (1303 p.).
09-207 RESOLVED, That the Civil Service Commission does hereby
confirm the administrative approval of the eligible list for Clerk -Typist 11 (Non -
Competitive) for Lynda Mokris.
The Commission received and fled the following
Status of Temporary Employees Report for October 2009.
Non -Resident Report as of November 1, 2009.
Current Open -Competitive and Promotional Eligible Lists as of November
1, 2009.
Affirmative Action Report for October 2009.
Expiring eligible lists for the month of December 2009 — Custodian (914
o.c.).
Removal of names from active eligible list report for the month of
November 2009 — none.
Council Resolution from the October 7, 2009 meeting with minutes to be
approved October 21, 2009.
Pages 1266' Regular Meeting November 18, 2809
#399-09, concurring in the recommended changes in the City's
Compensation Plan regarding overtime compensation for non -represented
employees.
Council Resolution from the October 21, 2009 meeting with minutes to be
approved November 4, 2009:
#427-09, referring the proposed amendment to the Livonia Retiree Health
and Disability Benefits Plan and Trust (VEBA)) Ordinance to incorporate
language regarding participant contributions and to provide 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)
to the Committee of the Whole for its report and recommendation.
Council Resolutions from the November 4, 2009 meeting with minutes to
be approved November 18, 2009:
#440-09, reappointing Larry Henry, as a Democratic member of the Board
of Canvassers of the City of Livonia for a four (4) year term expiring
December 31, 2013.
#441-09, reappointing Donald W. Kolhoff, as a Republican member of the
Board of Canvassers of the City of Livonia for a four (4) year term expiring
December 31, 2013.
#442-09, approving and concurring in the reappointment of R. Lee
Morrow, to the City Planning Commission for a term of two years, which
will expire on June 9, 2011.
#443-09, approving and concurring in the reappointment of William Fried,
to the Livonia Brownfield Redevelopment Authority for a term of one year,
which will expire on November 24, 2010.
#444-09, approving and concurring in the reappointment of Kenneth M.
Harb, to the Livonia Brownfield Redevelopment Authority for a term of one
year, which will expire on November 24, 2010.
#445-09, approving and concurring in the reappointment of Enrico Soave,
to the Livonia Brownfield Redevelopment Authority for a term of one year,
which will expire on November 24, 2010.
#446-09, approving the proposed schedule of Council Study and Council
Regular Meetings for the period January 1, 2010, through December 31,
2010:
11111111111•9to] gym LIgi1101 V xe111IV_tcllLIgi11.KI`:
JANUARY
Monday, January 4 Wednesday, January 13
Wednesday, January 20 Wednesday, January 27
FEBRUARY
Monday, February 1 Wednesday, February 10
Wednesday, February 17 Wednesday, February 24
MARCH
Monday, March 1 Wednesday, March 10
Monday, March 15 Wednesday, March 24
Page 6 1288'" Regular Meeting
November 18, 2889
APRIL
Monday, March 29
Monday, April 12
Monday, April 19
Wednesday, April 28
MAY
Wednesday, May 5
Wednesday, May 12
Monday, May 17
Wednesday, May 26
JUNE
Wednesday, June 2 Wednesday, June 9
Monday, June 14 Monday, June 21
JULY
Monday, June 28 Wednesday, July 7
Monday, July 12 Monday, July 19
AUGUST
Wednesday, July 21 Monday, August 9
Monday, August 16 Wednesday, August 25
SEPTEMBER
Monday, August 30 Wednesday, September 8
Monday, September 13 Wednesday, September 22
OCTOBER
Monday, September 27 Wednesday, October 6
Monday, October 11 Wednesday, October 20
NOVEMBER
Monday, October 25 Wednesday, November 3
Monday, November 8 Wednesday, November 17
DECEMBER
Monday, November 22 Wednesday, December 1
Monday, December 6 Wednesday, December 15
j. Letter of October 19, 2009, from Gregory T. Schultz, Attorney, Roumell &
Lange, P.L.C., transmitting the Arbitrator's Opinion regarding AFSCME Union
Local 192 Grievance #09-11 and AFSCME Union Local 1917 Grievance #09-01
regarding health care coverage.
k. Memorandum of October 23, 2009, from Vickie Wuerlh, Personnel Clerk,
requesting to cancel an intermittent unpaid medical leave of absence for Larry
Rushing, Code Enforcement Officer.
Robert Biga, Human Resources Director, explained that with regard to employees requesting
to donate vacation time to Duane Besonen, there is a potential issue that needs to be
addressed. Mr. Besonen is within a year of being eligible for a pension and in the event that
Page] 1266'" Regular Meeting November 18, 2009
employees could continue to donate time to him, which is still a while away, the question is,
should Mr. Besonen become vested by virtue of having donated time?
Mr. Campau asked what are the rules and Mr. Biga replied there was no rule regarding this.
There needs to be a provision added to the policy about not being able to become vested as a
result of people donating time. Mr. Biga stated he would add the provision for the Civil
Service Commission's review.
Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian and unanimously adopted, it was
09-208 That having reviewed the letter of November 10, 2009, from Keith
Besonen, Sewer Maintenance Worker I, transmitting requests from employees to
donate vacation time to Duane Besonen, the Civil Service Commission does
hereby approve the donation of vacation time which will be converted to an
equivalent time off based on Mr. Duane Besonen's rate of pay.
Mr. Biga requested to return to agenda item l.a.6., Thomas Clark's request for additional
Family Illness leave and stated that should have been added as a New Business item. Mr.
Tatigian requested this be removed from the consent agenda for review as a New Business
item.
Mr. Biga explained that there was a problem. Under the Civil Service Commission Rules and
Regulations, there are only so many sick days to be used as Family Illness. The Civil Service
Commission has authorized employees to take additional time from their sick leave bank, if
they have it, for Family Illness. In the Fire Department, because of the twenty-four (24) hour
duty days, the rule is you get four (4) twenty-four (24) hour duty days per year that you can
charge to Family Illness. We have permitted employees on an exception basis, to charge an
additional three (3) twenty-four (24) hour duty days. Mr. Clark is requesting approval for three
(3) additional Family Illness days. In researching this, what occurred is that prior to his
submitting this request to the Civil Service Commission, he already charged three (3)
additional days and the Department permitted it, without Civil Service Commission approval.
Mr. Biga stated there were two (2) options available: (1) The Civil Service Commission could
deny the previously used time and Mr. Clark would have to charge it to another leave bank; or
(2) approve what happened and deny this current request. Mr. Tatigian inquired if he had any
other bank and Mr. Biga replied that he had time in his vacation bank.
Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney for discussion, it was
RESOLVED, That having reviewed the letter of October 26, 2009
from Thomas Clark, Firefighter, recommended for approval by Shadd A.
Whitehead, Fire Chief, the Civil Service Commission does hereby deny approval
of the prior action of the Department, which administratively approved the three
(3) additional Family Illness days without prior approval of the Civil Service
Commission, but authorizes the use of the three (3) additional days to be
charged from his vacation bank.
Mr. Campau asked if the Chief was made aware of this. Mr. Biga stated he was only made
aware of this today. The Civil Service Department and Payroll had no information about this
Page 1266' Regular Meeting November 18, 2089
until after it occurred. Mr. Campau also inquired if the required documentation had been
submitted to the Civil Service Department. Mr. Biga replied there had been no documentation
received at all. The Civil Service Commission could approve retroactively the three (3) days
that Mr. Clark already used and deny this request.
Mr. Tatigian withdrew his previous motion.
Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was
09-209 RESOLVED, That having reviewed the letter of October 26, 2009,
from Thomas Clark, Firefighter, recommended for approval by Shadd A.
Whitehead, Fire Chief, the Civil Service Commission does hereby approve
retroactively the three (3) sick leave days that Mr. Clark already charged to
Family Illness leave and denies this new request for an additional three (3) days
for Family Illness, but will approve the usage of his vacation bank for family
illness, with the understanding that this action is not precedent setting, subject to
providing the required FMLA documentation.
Mr. Biga discussed the memorandum regarding the adjustment in hours and benefits for Law
Department personnel. He explained these are non-union positions and the City is in the
process of making reductions in staff. This alternative was brought to us by co-workers
wherein they would reduce their hours so they could retain the third employee, on a part-time
basis. Mr. Tatigian complimented Ms. Smyser and Ms. Via.
Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was
09-210 RESOLVED, That having reviewed the memorandum of November
12, 2009, from Robert F. Biga, Human Resources Director, regarding the
adjustment in hours and benefits for Law Department personnel, the Civil Service
Commission does hereby approve the modifications in Law Department
employees' work schedules for these employees only;
AND BE IT FURTHER RESOLVED, That should any one (1) of the employees
terminate employment for any reason, the modifications in hours and benefits
shall no longer apply;
AND BE IT FURTHER RESOLVED, This action is as a result of the City's
extraordinary financial circumstances and is not precedent setting.
Derrick L. Washington, Personnel Analyst II, introduced Suzanne Shelata, Program
Supervisor from the Department of Public Works. Ms. Shelata stated she was in attendance
just to see how things work.
Yvonne Lillibridge, Account Clerk III, inquired how the modifications will affect retirement
benefits for the two (2) regular employees from the Law Department. Mr. Biga advised that
the first 104 hours, thirteen (13), eight (8) hour days will be charged to 610, and after that it
Page 9 1266' Regular Meeting November 18, 2009
will be charged as no -pay time off. Ms. Lillibridge clarified that it will cut their retirement
benefit. Mr. Biga confirmed that the employees understood this reduction.
Chairperson Campau stated that New Business 5 was withdrawn by the Mayor so no Civil
Service Commission action is needed.
Mr. Biga discussed the letter of November 13, 2009, from Jack Kirksey, Mayor, requesting a
special adjustment in compensation for Mark Taormina, Planning Director, and explained he
talked with the Mayor about the circumstance. He stated this is not a permanent
circumstance; it is only during the period of time that the Planning Director is performing both
the Planning Director responsibilities and Economic Development Director responsibilities.
He and the Mayor discussed a separate stipend to be paid while the Planning Director was
perforning these additional assignments. The Mayor decided not to pursue a stipend. Since
the change was for an undetermined period of time, he recommended to the Mayor that the
City would create a new job classification called Planning and Economic Development
Director and appoint the Planning Director to that position while he is performing both of these
functions.
Mr. Tatigian stated this would have to go to City Council. Mr. Biga responded that by creating
the joint classification, if at a later date the Mayor or his successor, decides to fill the
Economic Development Director position, then the Planning Director would revert to the
former classification of Planning Director and then an Economic Development Director could
be hired.
Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was
09-211 RESOLVED, That having reviewed the letter of November 13,
2009, from Mayor Jack E. Kirksey, requesting a special adjustment in
compensation for Mark Taormina, Planning Director, and having discussion with
Robert F. Biga, Human Resources Director, the Civil Service Commission does
hereby approve the creation of a classification of Planning and Economic
Development Director, with the same salary rate as Director of Finance, and
submits same to City Council for review and approval.
Mr. Biga advised that if at a later date the Mayor would fill the Economic Development
Director classification, the current employee holding the dual title would revert to the
classification of Planning Director. Ms. Mahoney inquired if this was a temporary
classification. Mr. Biga recommended they create a new job title and fill it on a temporary
basis, without examination. Mr. Tatigian clarified that rather than approving a salary increase
for the Planning Director, they would be establishing a new classification at this salary.
Mr. Biga announced that AFSCME Union Local Grievance #09-30, dated October 28, 2009,
was being postponed until the December 9, 2009 meeting.
Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian and unanimously adopted, it was
Page 10 1200'" Regular Meeting November 18, 2009
09-212 RESOLVED, That having reviewed the letter of November 13,
2009, from Michael Boyle, Building Maintenance Foreman, as approved for
submission by Kevin Maillard, Director of Public Works, requesting carry over of
vacation days based on a projected retirement date of November 13, 2012, the
Civil Service Commission does hereby affirm the administrative approval to carry
over excess vacation days;
AND BE IT FURTHER RESOLVED, that the maximum number of days permitted
for payoff at retirement is fifty-nine (59) as set forth in AFSCME Union Local 1917
Contract, Article 28, VACATIONS, 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.
Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was
09-213 That the Civil Service Commission does hereby confirm the
administrative approval of the eligible list for Sewer Maintenance Worker 1
(1301 p.).
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