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HomeMy WebLinkAbout1268th CSC Meeting (January)1268' REGULAR MEETING OF THE CIVIL SERVICE COMMISSION The 1268' Regular Meeting of the Civil Service Commission was held on Wednesday, January 20, 2010. The meeting was called to order at 5:30 p.m. Members Present: Also Present: Laura Callen, Clerk I Peter Keen, Firefighter Charles Locke, President, AFSCME Union Local 192 Dominic Romano, Clerical Steward, AFSCME Union Local 192 Michael Rusnak, Firefighter Steven Schoonover, Vice -President, AFSCME Union Local 192 Ronald Campau, Chairperson Charlotte S. Mahoney Harry C. Tatigian Shadd A. Whitehead, Fire Chief 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 10-234 RESOLVED, That the minutes of the 1267th Regular Meeting held Wednesday, December 9, 2009, be approved as submitted. Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was 10-235 RESOLVED, That having reviewed the letter of January 8, 2010, from Mary Lou Golen, Clerk -Typist II, approved for submission by Kathleen Monroe, City Librarian, requesting additional family illness leave, the Civil Service Commission does hereby affirm the administrative approval of Ms. Golen's request for an additional six (6) days for the calendar year 2010 from her sick bank to be charged as family illness, with the understanding that she must first use the eight (8) eight (8) hour days in 2010, as provided in the Civil Service Commission Rules. 10-236 RESOLVED, That having reviewed the letter of December 4, 2009, from Lina Priest, Divisional Director, Housing, and approved for submission by Jim Inglis, Housing Director, requesting carryover of vacation days based on a projected retirement date of December 4, 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-seven (57), as set forth in Civil Service Commission Rule 25, LEAVES, Section 25.1 Annual Leave (Vacation), paragraph (4); Page 1288' Regular Meeting January 20,2010 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 two (2) of the three (3) years immediately prior to retirement; AND BE IT FURTHER RESOLVED, that the maximum days payable will be reduced by the number of bonus vacation days for which Ms. Priest does not qualify. 10-237 RESOLVED, That having reviewed the Departmental Correspondence of December 29, 2009, from Gregory Capram, Senior Police Officer, as approved for submission by Robert Stevenson, Police Chief, requesting carryover of vacation days based on a projected retirement date of December 29, 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; AND BE IT FURTHER RESOLVED, that the maximum days payable will be reduced by the number of bonus vacation days for which Mr. Caprara does not qualify. 10-238 RESOLVED, That having reviewed the Departmental Correspondence of December 2, 2009, from Dariusz Nisenbaum, Senior Police Lieutenant, as approved for submission by Robert Stevenson, Police Chief, requesting carryover of vacation days based on a projected retirement date of January 20, 2013, 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 Lieutenants and Sergeants Association contract, Article 16.E. Vacation Accrual and Civil Service Commission Rule 25, LEAVES, Section 25.1 Annual Leave (Vacation), paragraph (4); 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 Page 1268' Regular Meeting January 20,2010 than five (5) sick leave days annually in the three (3) years immediately prior to retirement; AND BE IT FURTHER RESOLVED, that the maximum days payable will be reduced by the number of bonus vacation days for which Mr. Nisenbaum does not qualify. 10-239 RESOLVED, That having reviewed the letter of December 18, 2009, from Evelyn Goudreau, as approved for submission by Linda McCann, Director of Community Resources, requesting carryover of vacations days based on a projected retirement date of December 18, 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-seven (57), as set forth in Civil Service Commission Rules 25, LEAVES, Section 25.1 Annual Leave (Vacation), paragraph (4); 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 two (2) of the three (3) years immediately prior to retirement; AND BE IT FURTHER RESOLVED, that the maximum days payable will be reduced by the number of bonus vacation days for which Ms. Goudreau does not qualify. 10-240 RESOLVED, That having reviewed the letter of December 30, 2009, from Sharon Sabat, Recreation Supervisor, as approved for submission by Linda McCann, Director of Community Resources, requesting to carry over excess vacation days, based on a projected retirement date of December 30, 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-seven (57), as set forth in Civil Service Commission Rules 25, LEAVES, Section 25.1 Annual Leave (Vacation), paragraph (4); 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 two (2) of the three (3) years immediately prior to retirement; AND BE IT FURTHER RESOLVED, that the maximum days payable will be reduced by the number of bonus vacation days for which Ms. Sabat does not qualify. Page 1288' Regular Meeting January 20,2010 10-241 RESOLVED, That having reviewed the letter of January 6, 2010, from Jacqueline Higham, Clerk -Typist II, as approved for submission by Karen Tesner, Director of Legislative Affairs, requesting to carry over excess vacation days, based on a projected retirement date of January 11, 2013, 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-seven (57), as set forth in Civil Service Commission Rules 25, LEAVES, Section 25.1 Annual Leave (Vacation), paragraph (4); 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 two (2) of the three (3) years immediately prior to retirement; AND BE IT FURTHER RESOLVED, that the maximum days payable will be reduced by the number of bonus vacation days for which Ms. Higham does not qualify. 10-242 RESOLVED, That having reviewed the letter of January 8, 2010, from Timothy Dawe, Equipment Operator III, as approved for submission by Kevin Maillard, Director of Public Works, requesting to carry over excess vacation days, based on a projected retirement date of January 8, 2013, 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-seven (57), as set forth in Civil Service Commission Rules 25, LEAVES, Section 25.1 Annual Leave (Vacation), paragraph (4); 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 two (2) of the three (3) years immediately prior to retirement; AND BE IT FURTHER RESOLVED, that the maximum days payable will be reduced by the number of bonus vacation days for which Mr. Dawe does not qualify. 10-243 RESOLVED, That the Civil Service Commission does hereby confirm the administrative approval of the eligible list for Clerk -Typist II (Non - Competitive) for Karen Sivalski. Pages 1268' Regular Meeting January 20,2010 10-244 RESOLVED, that the Civil Service Commission does hereby confirm the administrative approval of the eligible list for Clerk -Typist II (Non - Competitive) for Kimberly Schendel. 10-245 RESOLVED, that the Civil Service Commission does hereby confine the administrative approval of the eligible list for Clerk -Typist II (Non - Competitive) for Donna McCall. The Commission received and fled the following: Status of Temporary Employees Report for December 2009. Non -Resident Report as of January 1, 2010. Current Open -Competitive and Promotional Eligible Lists as of January 1, 2010. Affirmative Action Report for December 2009. Expiring eligible lists for the month of Febmary 2010 — None. Removal of names from active eligible list report for the month of January 2010. Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was 10-246 RESOLVED, That having reviewed the memorandum of December 10, 2009, from Robert Stevenson, Police Chief, requesting a promotional examination for Police Officer 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 classification of Police Service Aide and will have six (6) months experience by the beginning of the next Police Academy; and Are at least twenty-one (21) years of age; and Have been awarded an Associate's Degree in Law Enforcement or Police Administration or a Bachelor's Degree in any non Criminal Justice discipline or upon graduation from an MCOLES approved training academy will be awarded an Associate Degree in Law Enforcement; and Possess and maintain a valid vehicle operator's license and have an acceptable driving record; and Are one of the following: (a) A certified Michigan Police Officer; or (b) Certifiable as a Police Officer in the Stale of Michigan, subject to verification by The Michigan Commission on Law Enforcement Standards (MCOLES); or Page 1268' Regular Meeting January 20, 2010 (c) Be currently enrolled in an MCOLES approved training academy and certifiable by the promotion date; and Able to pass a physical examination by the City Physician to detennine that they are free from any physical defects, chronic diseases, organic diseases, organic or functional conditions, or mental and emotional instabilities which may tend to impair the efficient performance of duties or which might endanger the lives of others or the individual employee; and Have passed an MCOLES physical agility test within twelve (12) months of date of promotion; and Have met all other standards as required by MCOLES RULES 28.14203 through 28.14207 of The Policies And Procedures Manual of the Michigan Commission on Law Enforcement Standards (Rev. 2009) for certification as a Police Officer. PARTS OF EXAMINATION AND WEIGHTS Departmental Rating -60% Oral Interview -40%' In the event the number of qualified applicants is the same or less than the number of vacancies, the Parts of Examination and Weights will adjust to 100% Departmental Rating. Candidates must pass the Department Rating and the Oral Interview' to be placed on the eligible list. Candidates on the eligible list must possess a valid MCOLES reading/writing test and take and pass the MCOLES approved Physical Skills and Physician's Medical examinations within 180 days prior to the start of the Police Academy to qualify for the Academy. Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian and unanimously adopted, it was 10-247 RESOLVED, That having reviewed the letter of January 13, 2010, from Todd Zilincik, City Engineer, requesting a promotional examination for Assistant City Engineer 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 Department of Public Works who, by the closing date of this announcement: Have regular status and a minimum of ten (10) years experience as a Public Utility Manager, Civil Engineer I or II; and Must be registered as a professional civil engineer in the State of Michigan. PARTS OF EXAMINATION AND WEIGHTS Interview -70% Departmental Rating -30%' Pagel 1288' Regular Meeting January 20,2010 'In the event there is only one qualified applicant for the position, the parts of examination and weights will be 100% Departmental Rating. Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was 10-248 RESOLVED, That having reviewed the memorandum of January 13, 2010, from Todd Zilincik, City Engineer and Kevin Maillard, Director of Public Works, requesting a promotional examination for Engineering Assistant 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 dale of this announcement: 1. Are employed in the Department of Public Works and have regular status; and 2. Have at least two (2) years full-time paid work experience in the inspection or construction of municipal engineering projects or a related public improvement project such as pavement, sidewalks, sewers and water mains; or 3. An Associates or higher Degree in Civil Engineering, Construction Engineering or Environmental Studies or related field; and 4. Must be able to lift at least fifty (50) pounds. PARTS OF EXAMINATION AND WEIGHTS Written Test - 80% Departmental Rating - 20%` Candidates must pass the Written Test in order to be placed on the eligible list. Pursuant to AFSCME Local 192 PROMOTIONS 20.1b., in competitive examinations which include Departmental Ratings, the Departmental Rating from 0 to 100 will count as 20% of the examination, but a score of under 70 will not disqualify the candidate from continuing the process. 'In the event there is only one (1) qualified applicant far the position, the Parts of Examination and Weights will be 100% Departmental Rating. Robert Biga, Human Resources Director, explained that Kevin Cosgrove was employed as a Library Aide but he was layed oft in the recent reductions in force. After discussing this situation with the City Librarian, it was confirmed that there were other Library positions open and they involved different functions than that of a Library Aide. Mr. Biga further explained Page 1268' Regular Meeting January 20, 2010 that the Library Aide was a higher classification than Library Page and therefore, the City Librarian requested Mr. Cosgrove be hired above the minimum pay step for Library Page. Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was 10-249 RESOLVED, That having reviewed the letter of December 15, 2009, from Kathleen Monroe, City Librarian, requesting to hire Kevin Cosgrove above the minimum step as a Library Page, the Civil Service Commission does hereby approve hiring Mr. Cosgrove as a Library Page at the step 2 rate of pay, based on his previous performance at a higher level classification. Mr. Biga explained the next item involved the same situation for another former Library employee, Robert Varney, Clerk I (RPT). Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian and unanimously adopted, it was 10-250 RESOLVED, That having reviewed the letter of December 16, 2009, from Kathleen Monroe, City Librarian, requesting to hire Robert Varney above the minimum step as a Library Page, the Civil Service Commission does hereby approve hiring Mr. Varney as a Library Page at the step 2 rate of pay, based on his previous performance at a higher level classification. Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was 10-251 RESOLVED, That having reviewed the Departmental Correspondence of December 14, 2009, from Jeff Teeter, Police Sergeant, as approved for submission by Robert Stevenson, Police Chief, requesting an extension of the three-year retirement limit for excess vacation accrual, the Civil Service Commission does hereby approve carryover of vacation days in excess of the maximum based on a new projected retirement date of December 14, 2012; 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 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. AND BE IT FURTHER RESOLVED, that the maximum days payable will be reduced by the number of bonus vacation days for which Mr. Teeter does not qualify. Page 1268' Regular Meeting January 20, 2010 Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was 10-252 RESOLVED, That having reviewed the Departmental Correspondence of December 3, 2009, from Tom Kiurski, Training Coordinator, as approved for submission by Shadd A. Whitehead, Fire Chief, requesting an extension of the three-year retirement limit for excess vacation accrual, the Civil Service Commission does hereby approve carryover of vacation days in excess of the maximum based on a new projected retirement date of January 5, 2013; AND BE IT FURTHER RESOLVED, that that the maximum number of days permitted for payoff at retirement is sixty-eight (68) as set forth in the Livonia Firefighters Union contract, Article 15. VACATIONS, paragraph G.ii, and RULE 25, LEAVES, 25.1, paragraph (f) of the Civil Service Commission Rules and Regulations; 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. AND BE IT FURTHER RESOLVED, that the maximum days payable will be reduced by the number of bonus vacation days for which Mr. Kiurski does not qualify. Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was 10-253 RESOLVED, That having reviewed the Departmental Correspondence of January 8, 2010, from Shadd A. Whitehead, Fire Chief, requesting a pay step increase for Steven Rusnak, Firefighter, based on prior paid work experience, the Civil Service Commission does hereby approve advancing Mr. Rusnak to Step three (3) in the salary range for Firefighter, to be effective January 20, 2010. Mr. Biga stated the next agenda item was different than that for Mr. Rusnak and he asked Derrick Washington, Personnel Analyst II, to provide details for this situation. Mr. Washington announced that Chief Whitehead and Firefighter Keen were present at the meeting. Mr. Washington stated that in reviewing the information, it was found that Mr. Keen had worked 777 hours as an EMT Basic, 2700 hours as an EMT Specialist, 1990 hours as a Paramedic and 213 as a Firefighter. Past practice revealed that the Civil Service Commission had granted pay step increases to employees based on 2912 hours worked as a Paramedic or a Firefighter or a combination thereof. At the time Mr. Keen became employed with the City of Livonia he did not have the requisite 2912 hours as a Paramedic or a Firefighter, or a combination thereof. Therefore, the recommendation is to deny the request to advance Firefighter Keen to Step three (3). Mr. Washington explained the need to be more specific to the Fire Department to let them know that our candidates are required to have Paramedic or Firefighter experience or a combination thereof in order to qualify for an advanced pay step increase. Page 10 1288' Regular Meeting January 20,2010 Shadd A. Whitehead, Fire Chief, stated he understood the need to delineate the difference between the levels of licensure. He explained that Mr. Keen came to the City of Livonia with a tremendous amount of experience and he valued all EMS experience, no matter what level of licensure. He didn't believe this was delineated in the past. He understands that for the future, the Civil Service Department wanted to separate this experience out and that in the future, this could be explained to new hires at the onset of being hired. Chief Whitehead further explained that for the City as an employer, there was very little he had to do to train this individual to put him to work. Both Mr. Rusnak and Mr. Keen came to the City with a tremendous amount of EMS experience and background, although at a different level of an EMT. The City has been the recipient and benefitted from the experience by putting him to work a lot faster. Chief Whitehead stated he thought Mr. Keen more than qualifies for a pay step increase based on what has been done previously with EMS experience and Fire experience. Mr. Cant inquired if he was asking for an exception to the Rules. Chief Whitehead responded that there has been no clarification of the rule and he asked if from this point forward, there could be specific direction on how to handle these. Mr. Biga advised that in order to be consistent, the experience that could be counted was anything over and above the basic qualifications for the job. The basic requirements are as stated in the announcement that candidates had to have the Advanced Life Support certification, so only work experience at that level should be considered for an advanced step. He indicated that Mr. Washington has detailed the 2200 hours at the various levels of experience based on what was presented to us. In order to qualify for a higher step the employee needs to have 2900 hours; therefore, Mr. Keen is not eligible. Pete Keen, Firefighter, added that his hours were as an EMT specialist, that is Advanced Life Support and he was working in a Life Support unit for the City of Lincoln Park, doing 911 rescues and he believed that was submitted with the letter. He believed he did have the number of ALS hours needed above the 2900. Ms. Mahoney asked how long Mr. Keen had been employed with the City of Livonia. Mr. Keen replied he completed one (1) year as Advanced Life Support/Paramedic. He stated he works with his crew as a Paramedic. He does the same work now as he did as a specialist, with all the hands on, putting a patient on monitors, all the advanced maneuvers that a Paramedic does. Ms. Mahoney stated that 2204 hours were accumulated prior to his becoming employed with the City of Livonia. So in the year that he has been employed he would normally be eligible for a one-year step increase. Chief Whitehead confirmed that Mr. Keen normally would be eligible for a Step two (2) based on being a Firefighter and his request is to advance Mr. Keen to Step three (3) because he has prior work experience and within 2 or 3 weeks of his becoming employed the department was able to have him ride by himself with a squad. Ms. Mahoney also asked what kind of precedent the Commission would be setting by granting this. She asked if the Rule needed to be changed. Mr. Biga advised that the 2912 hours was the equivalent of one (1) year of work and in order to go from Step two (2) to Step three (3) an employee needs to have another 2912 hours. The question is, is the EMT Specialist equal to the Advanced Life Support experience. Mr. Washington says it is not. Page 11 1268'" Regular Meering January 20, 2010 He heard Mr. Keen say it is not the same because he could not administer drugs, but it is close. What we're saying is it either is the same or it isn't. If it isn't we're not going to count it and that is what Mr. Washington did in his evaluation, based on the hours that were submitted to the Civil Service Department, he has 2200 and that does not give an employee another year of experience. Ms. Mahoney asked how many other employees are in the same situation. Chief Whitehead said there are other employees who are currently on probation, and haven't completed their first year yet, but they too, have come to the City with some prior work experience. Ms. Mahoney stated that the Commission needed to clarify if the Specialist hours were equal to Paramedic hours. Mr. Keen advised that when it comes to the medications being given out in the field, he was allowed as an EMT Specialist, to administer those, under the direction of a Paramedic, so he was able to physically administer drugs. Mr. Washington cited an analogy to see if the Fire Chief and Firefighter Keen agree. An example of this is like a person with a drivers permit. You can drive on the freeway or the street, but you need to have a licensed person in the car. Without the person in the car you can't do it. Mr. Tatigian commented that he doesn't normally go against the recommendation of the staff, but he also values the discretion of the Fire Chief. He sees a vast amount of experience and the Fire Chief says this man should be entitled to the pay step increase that was good enough for him. Ms. Mahoney wanted to understand that if they approve the motion, the Commission is agreeing that hours as an EMT Specialist are equal to hours as a Paramedic. Mr. Tatigian disagreed with that, it was just in this particular case, this individual had enough experience and the Chief thought he should be advanced to Step three (3). Mr. Tatigian still believed the Rule was still the Rule. He added he was willing to make exceptions. Ms. Mahoney reiterated that her question was if one person can be advanced, but one person cannot, then she believed the Commission owed it to the Chief and to themselves to determine if the hours count or they do not count. She believed they should determine when individuals are hired they know if they have experience that will count toward pay step increases or not. Mr. Tatigian reiterated the Rule is still the Rule, but he was willing in this case, to make an exception for Mr. Keen. Mr. Washington stated that in the past, a review of the people who were awarded an advance pay step increase revealed they had EMT experience but they also had enough Paramedic experience or experience as a Firefighter. When he evaluates the information he needs to know what level the hours were worked as. If the requirement has been met, then the recommendation is made for the Commission to approve a pay step increase. The Chairperson stepped down to second the following motion Page 12 1268' Regular Meeting January 20, 2010 Upon a motion by Mr. Tatigian, seconded by Mr. Campau and adopted, it was 10-254 RESOLVED, That having reviewed the Departmental Correspondence of December 28, 2009, from Shadd A. Whitehead, Fire Chief, requesting a pay step increase for Pete Keen, Firefighter, based on prior paid work experience, and having discussion with Robert F. Biga, Human Resources Director; Derrick L. Washington, Personnel Analyst II; Shadd A. Whitehead, Fire Chief, and Pete Keen, Firefighter, the Civil Service Commission does hereby approve advancing Mr. Keen to Step three (3) in the salary range for Firefighter, based on prior work experience, to be effective January 20, 2010; AND BE IT FURTHER RESOLVED, that this action is not precedent setting. AYES: Tatigian and Cant NAYS: Mahoney Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was 10-255 RESOLVED, That having reviewed the letter of January 5, 2010, from Peter Butler, Equipment Operator II, approved for submission by Kevin Maillard, Director of Public Works, requesting an advance of 2010 accrued vacation time, the Civil Service Commission does hereby approve the advancement of 19.5 vacation hours from 2010 to be used in 2009, due to extenuating circumstances. Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was 10-256 RESOLVED, That having reviewed the letter of January 18, 2010, from Michael T. Slater, Director of Finance, requesting a promotional examination for Account 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 This examination is open only to employees of the City of Livonia who, by the closing date of this announcement, have regular status as an Account Clerk I. PARTS OF EXAMINATION AND WEIGHTS Written Test -80% Departmental Rating -20% Candidates must pass the Written Test in order to be placed on the eligible list. Pursuant to AFSCME Local 192, PROMOTIONS 20.1b., in competitive examinations that include departmental ratings, the departmental rating 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. Page 13 1288' Regular Meeting January 20, 2010 Charles Locke, President, AFSCME Union Local 192, presented Grievance #09-32, dated November 13, 2009, from Laura Callen, Clerk I, and explained that Management failed to use an overtime list that the rest of the Department uses. He stated the new Supervisor in the Department thought that another employee was due the overtime opportunity, rather than Ms. Callen and awarded it to the other employee. The Union requests that Laura Callen be paid the hours that she lost. He also explained that in the administration offices, overtime doesn't happen frequently so if a resolution is made to move her to the top of the list, it may take a person six (6) months to recoup those lost hours. The remedy requested is simply in pay and the remedy for the future is that Management use an overtime list in administration like everyone else does so there is no misinterpretation of the rules. Mr. Campau complimented Mr. Romano on the well written correspondence. Mr. Campau commented that there is a question regarding the timeliness of the response from Management. Mr. Wilson indicated there had been a meeting regarding this and he thought the issue was resolved. The field sections in the Department of Public Works have a formalized process for calculating overtime hours and creating overtime lists. The administration section has not followed the formal process and there has not been tracking of overtime or refusals of overtime. Mr. Wilson stated they have followed an informal overtime recording process for many years and they have no objections to formalizing this process and handling it like all the other sections. Mr. Wilson cited an example of Household Hazardous Waste Day wherein the Department needs five (5) administration employees to staff the checkpoints. An email was sent to all the administration staff asking who was interested in working. There were six (6) people that wanted to work, but only five (5) positions available, so Ms. Russell voluntarily stepped down. The tire event came along later so the Supervisor said since Ms. Russell didn't work the Household Hazardous Waste Day event, she could work. There was only one (1) employee needed for the tire event. Mr. Wilson indicated that in the Administration section overtime hours worked on snow removal operations were not included in the overtime report. The Union's position is that all overtime is to be included in the overtime log. Mr. Wilson indicated that those employees in the Administration section that elected not to work snow removal operations should be charged with refusing the overtime. Management has not charged administration employees for not working overtime. He indicated that of employees who do not want to work overtime, they should be charged on the overtime log with the overtime hours they refuse. The practice of charging or not charging for refused overtime opportunities needs to be discussed and agreed to with the Union. Mr. Wilson indicated he would like to see the Commission deny the specific remedy requested and direct the Department to formalize this process and make it work like every other section, which we are already on the path to doing and go from there. Mr. Tatigian asked why Mr. Wilson didn't file a written response to the grievance. Mr. Wilson replied that they had a meeting on this issue before Christmas and he thought there was a meeting of the minds on this. He thought they established that they were going to formalize Page 14 1268'" Regular Meeting January 20, 2010 the process and they have started doing so. Mr. Tatigian stated that because this was always done in the past didn't negate the fact that the contract language is being violated. Mr. Locke stated he could see the intent on Management's part where you had six (6) people volunteer for a five (5) position crew and the one (1) person stepped down. The purpose of the equalization of hours is just because you stepped down from one opportunity doesn't mean that you haven't still worked less hours or more hours than the other individuals. Mr. Locke disagreed that snow hours are not charged. If you work overtime you are charged, if you refused overtime outside of your Department, you are not charged for the refusal. If you refuse hours inside your Department, you are charged. That is what the Union determined is the fairest way to keep track of this situation. Mr. Campau inquired why Laura Callen was not asked to work that day. Mr. Locke said she should have worked. Mr. Wilson advised the decision was based on who was the lowest overtime in the section at that time and Ms. Russell was. Mr. Wilson continued that if you count the snow hours, Ms. Russell was not lowest, and he disagreed that the snow hours are counted back toward the other section's overtime sheets. Other sections such as Animal Control or Building Maintenance do not charge the hours back toward overtime and there is not consistency throughout the Department. He again stated they have no problem correcting that inconsistency and have started doing that. Mr. Tatigian commented that where there is a violation of the contract, the Commission has a difficult time denying a grievance. Mr. Wilson's argument was simply that the practice has been in place for many years, rightly or wrongly. Because the practice has been there Management doesn't know who had low charged hours in October due to no refusals being charged back during the past year to account for those hours. Mr. Tatigian didn't fault the Department for what happened. Ms. Mahoney stated she did not support the motion because past practice on either side is past practice and secondly, she has never believed in paying someone for overtime if they did not work. Steve Schoonover, Vice -President, AFSCME Union Local 192 consulted with Ms. Callen and she requested to be credited with 4.5 hours of the compensatory time equivalent instead of overtime pay. The Chairperson stepped down to second the following motion: Upon a motion by Mr. Tatigian, seconded by Mr. Campau and adopted, it was 10-257 RESOLVED, That having reviewed AFSCME Union Local 192 Grievance #09-32, dated November 13, 2009, from Laura Callen, Clerk I, regarding overtime, and having discussion with Charles Locke, President AFSCME Union Local 192; Brian Wilson, Superintendent of Public Service; Robert Biga, Human Resources Director; and Steven Schoonover, Vice - President, AFSCME Union Local 192, the Civil Service Commission does hereby approve granting Ms. Callen four and one-half (4.5) hours of compensatory time. Page 15 1268' Regular Meeting January 20,2010 AYES: Tatigian and Campau NAYS: Mahoney Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was RESOLVED, That the meeting be adjourned at 6:15 p.m. Gretchen Guisbert, Secretary III Ronald E. Campau, Chairperson Charlotte S. Mahoney, Commissioner Harry C. Tatigian, Commissioner