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HomeMy WebLinkAbout1270th CSC Meeting (March)1270' REGULAR MEETING OF THE CIVIL SERVICE COMMISSION The 1270th Regular Meeting of the Civil Service Commission was held on Wednesday, March 17, 2010. The meeting was called to order at 5:35 p.m. Members Present: Also Present: Ann Cox, Program Supervisor John Dauffenbach, Chief Clerical Steward, AFSCME Union Local 192 Karen Kapchonick, Superintendent of Parks and Recreation Charles Locke, President, AFSCME Union Local 192 Kevin Maillard, Director of Public Works Tom Murphy, Administrative Assistant— Facility Manager Ronald E. Campau Charlotte S. Mahoney Harry C. Tatigian Todd Zilincik, City Engineer Steven Schoonover, Vice President, AFSCME Union Local 192 Brian Wilson, Superintendent of Public Service Robert F. Biga, Human Resources Director Derrick L. Washington, Personnel Analyst II Gretchen Guisbert, Secretary III Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and adopted, it was 10-266 RESOLVED, That the minutes of the 1269th Regular Meeting held Wednesday, February 17, 2010, be approved as submitted. Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and adopted, it was 10-267 RESOLVED, That having reviewed the letter of March 9, 2010, from Ward Cowen, Sewer Maintenance Worker I, approved for submission by Brian Wilson, Superintendent of Public Service and Kevin Maillard, Director of Public Works, requesting an unpaid medical leave of absence, the Civil Service Commission does hereby affirm the administrative approval of Mr. Cowen's request for an unpaid medical leave of absence not to exceed sixty (60) calendar days, beginning March 10, 2010, subject to Mr. Cowen providing medical documentation from his physician. 10-268 RESOLVED, That having reviewed the letter of February 12, 2010, from Duane Besonen, Custodian, as approved for submission by Kevin Maillard, Director of Public Works, requesting to carry over excess vacation hours, the Civil Service Commission does hereby approve Mr. Besonen's request to carry over four hundred thirty-one and three-quarter (431.75) excess vacation hours into 2010; AND BE IT FURTHER RESOLVED, That no request will be considered to carry over excess vacation into 2011. Paget 1270' Regular Meeting March 17, 2010 10-269 RESOLVED, That having reviewed the letter of January 28, 2010, from Brian Buda, Custodian, as approved for submission by Kevin Maillard, Director of Public Works, requesting to carry over excess vacation hours, the Civil Service Commission does hereby approve Mr. Buda's request to carry over fifty-six (56) excess vacation hours into 2010; AND BE IT FURTHER RESOLVED, That no request will be considered to carry over excess vacation into 2011. 10-270 RESOLVED, That having reviewed the letter of February 10, 2010, from Mark Churchvara, Park Maintenance Worker I, as approved for submission by Kevin Maillard, Director of Public Works, requesting to carry over excess vacation hours, the Civil Service Commission does hereby approve Mr. Churchvara's request to carry over three (3) excess vacation hours into 2010; AND BE IT FURTHER RESOLVED, That no request will be considered to carry over excess vacation into 2011. 10-271 RESOLVED, That having reviewed the letter of January 14, 2010, from Gary Garrison, Equipment Maintenance Foreman, as approved for submission by Kevin A. Maillard, Director of Public Works, requesting to carry over excess vacation hours, the Civil Service Commission does hereby approve Mr. Garrison's request to carry over fifty-six (56) excess vacation hours into 2010; AND BE IT FURTHER RESOLVED, That no request will be considered to carry over excess vacation into 2011. 10-272 RESOLVED, That having reviewed the letter of February 11, 2010, from Doug Haskin, Roads and Traffic Supervisor, as approved for submission by Kevin A. Maillard, Director of Public Works, requesting to carry over excess vacation hours, the Civil Service Commission does hereby approve Mr. Haskin's request to carry over eight (8) excess vacation hours into 2010; AND BE IT FURTHER RESOLVED, That no request will be considered to carry over excess vacation into 2011. 10-273 RESOLVED, That having reviewed the letter of January 14, 2010, from James Kirby, Equipment Mechanic II, as approved for submission by Kevin A. Maillard, Director of Public Works, requesting to carry over excess vacation hours, the Civil Service Commission does hereby approve Mr. Kirby's request to carry over nine (9) excess vacation hours into 2010; AND BE IT FURTHER RESOLVED, That no request will be considered to carry over excess vacation into 2011. Page 1270'" Regular Meeting March 17, 2010 10-274 RESOLVED, That having reviewed the letter of January 14, 2010, from Timmy Makulski, Equipment Mechanic II, as approved for submission by Kevin A. Maillard, Director of Public Works, requesting to carry over excess vacation hours, the Civil Service Commission does hereby approve Mr. Makulski's request to carry over sixteen (16) excess vacation hours into 2010; AND BE IT FURTHER RESOLVED, That no request will be considered to carry over excess vacation into 2011. 10-275 RESOLVED, That having reviewed the letter of January 4, 2010, from Paul St. Henry, Superintendent of Public Service, as approved for submission by Kevin A. Maillard, Director of Public Works, requesting to carry over excess vacation hours, the Civil Service Commission does hereby approve Mr. St. Henry's request to carry over sixty-four (64) excess vacation hours into 2010; AND BE IT FURTHER RESOLVED, That no request will be considered to carry over excess vacation into 2011. 10-276 RESOLVED, That having reviewed the letter of February 11, 2010, from Phil Sheridan, Water Operations Mechanic I, as approved for submission by Kevin Maillard, Director of Public Works, requesting to carry over excess vacation hours, the Civil Service Commission does hereby approve Mr. Sheridan's request to carry over one hundred sixteen and one-half (116.50) excess vacation hours into 2010; AND BE IT FURTHER RESOLVED, That no request will be considered to carry over excess vacation into 2011. 10-277 RESOLVED, That having reviewed the letter of January 4, 2010, from John Woehrle, Equipment Operator II, as approved for submission by Kevin Maillard, Director of Public Works, requesting to carry over excess vacation hours, the Civil Service Commission does hereby approve Mr. Woehde's request to carry over thirty-seven and three-fourths (37.75) excess vacation hours into 2010; AND BE IT FURTHER RESOLVED, That no request will be considered to carry over excess vacation into 2011. 10-278 RESOLVED, That having reviewed the letter of January 4, 2010, from Jeffrey Michael, Engineering Assistant I, as approved for submission by Todd Zilincik, City Engineer, requesting to carry over excess vacation hours, the Civil Service Commission does hereby approve Mr. Michael's request to carry over thirty-six (36) excess vacation hours into 2010; AND BE IT FURTHER RESOLVED, That no request will be considered to carry over excess vacation into 2011. Page 1270'" Regular Meeting March 17, 2010 10-279 RESOLVED, That having reviewed the letter of February 1, 2010, from Karen Worley, Program Supervisor, as approved for submission by Todd Zilincik, City Engineer, requesting to carry over excess vacation hours, the Civil Service Commission does hereby approve Ms. Worley's request to carry over nineteen and one-half (19.5) excess vacation hours into 2010; AND BE IT FURTHER RESOLVED, That no request will be considered to carry over excess vacation into 2011. 10-280 RESOLVED, That having reviewed the letter of January 4, 2010, from Bill Yee, Civil Engineer II, as approved for submission by Todd Zilincik, City Engineer, requesting to carry over excess vacation hours, the Civil Service Commission does hereby approve Mr. Yee's request to carry over sixty (60) excess vacation hours into 2010; AND BE IT FURTHER RESOLVED, That no request will be considered to carry over excess vacation into 2011. 10-281 RESOLVED, That having reviewed the letter of February 4, 2010, from Michael T. Slater, Director of Finance, as approved for submission by Jack Kirksey, Mayor, requesting to carry over excess vacation hours, the Civil Service Commission does hereby approve Mr. Slater's request to carry over forty-four (44) excess vacation hours into 2010; AND BE IT FURTHER RESOLVED, That no request will be considered to carry over excess vacation into 2011. 10-282 RESOLVED, That having reviewed the Departmental Correspondence of February5, 2010, from Ted Merciez, Fire Captain, as approved for submission by Shadd A. Whitehead, Fire Chief, requesting to carry over excess vacation hours, the Civil Service Commission does hereby approve Mr. Mercieis request to carry over one hundred and one-half (100.5) excess vacation hours into 2010; AND BE IT FURTHER RESOLVED, That no request will be considered to carry over excess vacation into 2011. 10-283 RESOLVED, That having reviewed the Departmental Correspondence of February 5, 2010, from Shadd A. Whitehead, Fire Chief, as approved for submission by Jack Kirksey, Mayor, requesting to carry over excess vacation hours, the Civil Service Commission does hereby approve Mr. Whitehead's request to carry over thirty-five (35) excess vacation hours into 2010; AND BE IT FURTHER RESOLVED, That no request will be considered to carry over excess vacation into 2011. Pages 1270' Regular Meeting March 17, 2010 10-284 RESOLVED, That having reviewed the letter of February 11, 2010, from Deborah Jakubiec, Librarian II, as approved for submission by Kathleen Monroe, requesting to carry over excess vacation hours, the Civil Service Commission does hereby approve Ms. Jakubiec's request to carry over six (6) excess vacation hours into 2010; AND BE IT FURTHER RESOLVED, That no request will be considered to carry over excess vacation into 2011. 10-285 RESOLVED, That having reviewed the letter of February 5, 2010, from Jamie Freese, Program Supervisor, as approved for submission by Karen Kapchonick, Superintendent of Parks and Recreation, requesting to carry over excess vacation hours, the Civil Service Commission does hereby approve Mr. Freese's request to carry over thirty-six (36) excess vacation hours into 2010; AND BE IT FURTHER RESOLVED, That no request will be considered to carry over excess vacation into 2011. 10-286 RESOLVED, That having reviewed the memorandum of Febmary5, 2010, from Mark Taormina, Director of Planning 8 Economic Development, as approved for submission by Jack Kirksey, Mayor, requesting to carry over excess vacation hours, the Civil Service Commission does hereby approve Mr. Taormina's request to carry over sixty (60) excess vacation hours into 2010; AND BE IT FURTHER RESOLVED, That no request will be considered to carry over excess vacation into 2011. 10-287 RESOLVED, That having reviewed the Departmental Correspondence of January 28, 2010, from Harold Higgins, Senior Police Officer, as approved for submission by Robert Stevenson, Police Chief, requesting to carry over excess vacation hours, the Civil Service Commission does hereby approve Mr. Higgins' request to carry over eight (8) excess vacation hours into 2010; AND BE IT FURTHER RESOLVED, That no request will be considered to carry over excess vacation into 2011. 10-288 RESOLVED, That having reviewed the Departmental Correspondence of January 28, 2010, from Owen Keaton, Senior Police Officer, as approved for submission by Robert Stevenson, Police Chief, requesting to carry over excess vacation hours, the Civil Service Commission does hereby approve Mr. Keaton's request to carry over sixty (60) excess vacation hours into 2010; AND BE IT FURTHER RESOLVED, that no request will be considered to carry over excess vacation into 2011. Page 6 1270'" Regular Meeting March 17, 2010 10-289 RESOLVED, That having reviewed the Departmental Correspondence of January 28, 2010, from Brian Love, Senior Police Officer, as approved for submission by Robert Stevenson, Police Chief, requesting to carry over excess vacation hours, the Civil Service Commission does hereby approve Mr. Love's request to carry over eight (8) excess vacation hours into 2010; AND BE IT FURTHER RESOLVED, That no request will be considered to carry over excess vacation into 2011. 10-290 RESOLVED, That having reviewed the Departmental Correspondence of November 24, 2009, from Timothy McGillivary, Senior Police Lieutenant, as approved for submission by Robert Stevenson, Police Chief, requesting to carry over excess vacation hours, the Civil Service Commission does hereby approve Mr. McGillivary's request to carry over fifty-six (56) excess vacation hours into 2010; AND BE IT FURTHER RESOLVED, That no request will be considered to carry over excess vacation into 2011. 10-291 RESOLVED, That having reviewed the Departmental Correspondence of December 6, 2009, from John Raymond, Police Sergeant, as approved for submission by Robert Stevenson, Police Chief, requesting to carry over excess vacation hours, the Civil Service Commission does hereby approve Mr. Raymond's request to carry over sixteen (16) excess vacation hours into 2010; AND BE IT FURTHER RESOLVED, That no request will be considered to carry over excess vacation into 2011. 10-292 RESOLVED, That having reviewed the Departmental Correspondence of December 7, 2009, from Michael Reilly, Senior Police Officer, as approved for submission by Robert Stevenson, Police Chief, requesting to carry over excess vacation hours, the Civil Service Commission does hereby approve Mr. Reilly's request to carry over forty (40) excess vacation hours into 2010; AND BE IT FURTHER RESOLVED, That no request will be considered to carry over excess vacation into 2011. 10-293 RESOLVED, That having reviewed the Departmental Correspondence of February 1, 2010, from David Scott, Senior Police Officer, as approved for submission by Robert Stevenson, Police Chief, requesting to carry over excess vacation hours, the Civil Service Commission does hereby approve Mr. Scott's request to carry over sixty (60) excess vacation hours into 2010; AND BE IT FURTHER RESOLVED, That no request will be considered to carry over excess vacation into 2011. Pagel 1270' Regular Meeting March 17, 2010 10-294 RESOLVED, That the Civil Service Commission does hereby confirm the administrative approval of the passing point of 70 or 70% out of a maximum score of 100 on the written test for Account Clerk II (1308 p.). 10-295 RESOLVED, that the Civil Service Commission does hereby confirm the administrative approval of the passing point of 70 or 70% out of a maximum score of 175 or the nearest lower whole raw score of 122 on the written test for Police Sergeant (1299 p.). 10-296 RESOLVED, that the Civil Service Commission does hereby confirm the administrative approval of the passing point of 70 or 70% out of a maximum score of 175 or the nearest lower whole raw score of 122 on the written test for Police Lieutenant (1300 p.). 10-297 RESOLVED, That the Civil Service Commission does hereby confirm the administrative approval of the eligible list for Account Clerk II (1308 p.). 10-298 RESOLVED, That the Civil Service Commission does hereby confirm the administrative approval of the eligible list for Assistant City Engineer (1306 p.). 10-299 RESOLVED, That the Civil Service Commission does hereby confirm the administrative approval of the eligible list for Clerk -Typist II (Non - Competitive) for Linda Bieszczad. 10-300 RESOLVED, That the Civil Service Commission does hereby confirm the administrative approval of the eligible list for Clerk -Typist II (Non - Competitive) for Detria Pearcy. 10-301 RESOLVED, That the Civil Service Commission does hereby confirm the administrative approval of the eligible list for Planner IV (1309 p.). 10302 RESOLVED, That the Civil Service Commission does hereby confirm the administrative approval of the eligible list for Police Service Aide (927 o.c.). The Commission received and fled the following: a. Status of Temporary Employees Report for February 2010. b. Non -Resident Report as of March 1, 2010. C. Current Open -Competitive and Promotional Eligible Lists as of March 1, 2010. d. Affirmative Action Report for February 1, 2010. e. Expiring eligible lists for the month of April 2010 — Program Supervisor (922 o.c.), Police Lieutenant (1291 p.) and Police Sergeant (1292 p.). Page 1270'" Regular Meeting March 17, 2010 Removal of names from active eligible list report for the month of February 2010. Letter of March 11, 2010, from Kevin Maillard, Director of Public Works, regarding Grievance Investigations, Submittals and Presentations. AFSCME Union Local 192 Grievances #10-03 and #10-04 regarding overtime. The Chairperson indicated that the two grievances listed in Receive and File were initially not going to be heard, but the Union has received a response from Management so the Union would like these two grievances to be heard at this meeting. Mr. Campau stated the two grievances would be heard at the end of the agenda. Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and adopted, it was 10303 RESOLVED, That having reviewed the letter of March 15, 2010, from Brian Wilson, Superintendent of Public Service and Kevin Maillard, Director of Public Works, regarding Holiday Pay for Seasonal Laborers, the Civil Service Commission does hereby approve the following language to be added to Section 25.8 Holidays, of the Civil Service Commission Rules and Regulations: "The classification of Seasonal Laborer shall not be eligible for holiday pay," and is subject to the Civil Service Department providing notification to all employees regarding said change to allow a thirty (30) day period for comments to be forwarded to the Human Resources Director. Derrick Washington, Personnel Analyst II, informed the Commission that the new position of Superintendent of Public Service (Environment & Utilities) was being advertised for and this was part of a reorganization of Public Service. The changes made to the Departmenfs proposed qualifications were based on conversation with and agreed to by Mr. Wilson and are listed in bold font. Robert Biga, Human Resources Director, commented that the classification has not changed. In looking at the previous announcement for Superintendent, a prior qualification was that a person needed an Associate's degree or a Bachelors degree with six (6) years experience and there was also an equivalency. Mr. Campau asked Brian Wilson, Superintendent of Public Service, if there was an explanation. Mr. Wilson explained that the focus of this position is directed and that is why the subtitle "Environment & Utilities" is listed. It involves work with the City landfill, storm water management and utility work. The Department thought a Bachelor's degree would be more appropriate for those areas. Mr. Biga inquired what type of Bachelors degree was required because at this point, the qualifications are wide open. Technically, someone with a Bachelor's degree in English working in a DPW would be eligible, provided they have the S-1 license. Page 9 1270' Regular Meeting March 17, 2010 Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was 10-304 That having reviewed the letter of March 5, 2010 from Kevin Maillard, Director of Public Works, requesting an open -competitive examination for Superintendent of Public Service (Environment & Utilities) and proposed qualifications and parts of examination and weights, the Civil Service Commission does hereby refer this to the Human Resources Director for a report and recommendation. Karen Kapchonick, Superintendent of Parks and Recreation explained that the Parks and Recreation Department has completed a 2-% year process to evaluate all of the casual al -will positions at Parks and Recreation. Ms. Kapchonick referenced Attachments A and B, explaining that Attachment A lists the current job classifications and the various positions. She recommended that the department establish job Levels and Working Titles. The first request is to change the current Classifications to a formal called Levels. In the recommendation, the Department combined some of the classifications; for example the Recreation Aide and Assistant Recreation Leader will fall into Levels. The second request is to revise the step advancement criteria. Ms. Kapchonick explained that currently there are two steps. An individual would receive an increase in pay on their anniversary date after one (1) year, regardless of the number of hours they worked or performance evaluation. The request is to establish requirements that an individual has to work one (1) year and have at least 225 hours within that pay level and receive a satisfactory performance rating in order to receive a step increase. The next proposal is to address the job descriptions and Ms. Kapchonick referenced Attachment D. The revisions in the job descriptions are to meet the Levels and the Working Titles. Ms. Kapchonick stated this was reviewed with Mr. Biga, Mr. Slater and the Mayor. Mr. Tatigian said he was a little surprised that this was going to a Level aspect rather than Classifications, because we normally go with Job Classifications. Mr. Biga replied that we currently have a system of Working Titles and we already have Class Codes in place. He explained that this parallels the current structure and he did spend time with the Parks and Recreation management going over this proposal. Ms. Kapchonick continued that the next part of the proposal is to take a look at Attachment C2. There were changes to the initial Attachment and the new changes were distributed to the Commissioners. The Attachment lists the number of employees that work in the classifications. Ms. Kapchonick discussed lifeguards and how an employee would need a separate time card for each classification and location. Ms. Mahoney inquired if this system would be easier than the old system. Ms. Kapchonick replied the hard part of the change will be in grandfathering, if this were to be approved. They would work with Payroll on the classification numbers. Having the new scheduling program set up could be easier than what they currently use. Mr. Campau confirmed that the new pay scales would be for new employees only. Ms. Kapchonick continued to discuss the new pay rates listed on Page 10 1270' Regular Meeting Mamh 17, 2010 Attachment C2 for the various classifications and stated the new rates were based on the responsibilities for the job. Ms. Kapchonick commented that the biggest change in pay scale would be for the Building Supervisor classification, but there is money budgeted for this and based on the amount of responsibility for Building Supervisors, the new wage would be appropriate. Ms. Kapchonick staled that one more proposed change would be to implement a three-step pay scale. Prior to 2002 the Department always had three pay step ranges and she recommended they go back to the three pay step range. Mr. Tatigian commented that most of the pay raises were in $ .25 increments and he inquired why one increase was only to $ .10 for the third step. Ms. Kapchonick stated it would bring it in line and with the responsibilities for that particular job. Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was 10-305 RESOLVED, That having reviewed the letter of March 9, 2010, from Karen M. Kapchonick, Superintendent of Parks and Recreation, regarding proposed changes to wages, classifications and qualifications, and having discussion with Karen Kapchonick, Superintendent of Parks and Recreation and Robert F. Biga, Human Resources Director, the Civil Service Commission does hereby approve the proposed changes to wages, classifications and qualifications and submits same to City Council for its review and approval. Charles Locke, President, AFSCME Union Local 192, presented Grievance #10-05, dated January 21, 2010, submitted as a class action grievance, regarding Animal Control Officers' work schedules. Mr. Locke stated all the union was asking for is if the schedule is going to change for an employee and the employee agrees to it, that Management post it on a calendar to notify everyone what the changes are and to give two (2) weeks prior notice, like the contract provides so affected employees can see it. Mr. Cant clarified the Union wasn't asking for permission for the employee to make the change, they were just asking to be notified. He asked Mr. Wilson what was wrong with that, to which Mr. Wilson replied, this is a grievance without a grievant. Mr. Wilson stated that what Mr. Locke is suggesting is language in the contract that has to do with a change of the starting time of a shift. Mr. Wilson continued that it was the employee herself that suggested changing the work times. He referenced an attachment to the grievance packet regarding problems at Rotary Park and the enforcement issues with dogs not on leashes. The employee staled to her Supervisor that she felt the citizens were timing their visits based on the Animal Control Officers' work shifts. When the officers leave, that is when the people go to the Park and run their dogs. People walk the track and others bring their kids. Having dogs run uncontrolled is the basis of the complaints. The suggestion from the Animal Control Officer herself was to come in a little later and work a little later to conduct enforcement after 5:00 p.m., which is exactly what happened. That was a temporary situation, but the schedule may have to be changed again if the problems recur. Mr. Campau reiterated that what the Union was asking for was to be notified if there is a change in one of the Union member's working hours. Mr. Wilson replied that the language in the contract says a change in work shift, which is something that would affect everyone. He Page 11 1270' Regular Meeting March 17, 2010 continued that they are trying to provide some enforcement action to address citizen complaints. He stated that throughout the City working hours are changed. He cited the Inspection Department, when they have temporary enforcement actions. He was told by the Director of Inspection they change the working hours when they have meetings. In addition, the City Librarian advised that they have had to change their working hours. He added the Custodians have different varying hours at the Recreation Center to accommodate the building needs. To notify the Union every time an employee requests a temporary change in their working hours is something he didn't think contractually they should be doing. Mr. Locke stated the Union's position is they are a Union for a reason and if there needs to be a change to something that affects the Union, you should go through the Union body. Mr. Locke agreed that the Inspection Department does change their schedule, but they post it on a calendar and employees are given a two-week notice or a month notice what the schedule is going to be. Mr. Wilson reiterated that the employee suggested the change herself. Mr. Locke replied that individuals do not negotiate for themselves. Ms. Mahoney stated she was confused by the word negotiating. If in fact all the Union is asking is that the Department let them know that they are going to change somebody's schedule, that is not an attempt to negotiate a new time. It would be just delivering a message to the Union president. Mr. Locke said that is all the Union wants. They want to prevent a situation where other employees might come in a half-hour late and the Supervisor just says they are not late, their schedule was changed. He stated there are sixty-four (64) other employees who have to punch a clock at 7:00 a.m. and he asked what will happen if they decide they are going to come in at 7:30 a.m? He wanted to keep equality across the board. He believes that this was some kind of rotating schedule that he has no idea what it is and the Payroll Department doesn't know what it is. Mr. Campau asked if Article 2.B., Management Rights applied to this situation. Mr. Locke said it does apply. He agreed that Mr. Wilson had the right to change the schedule. He would just like to have some notice. Mr. Wilson again stated that they change schedules for the Custodians all the time. John Dauffenbach, Chief Clerical Steward, AFSCME Union Local 192, stated there is a concern of inequities. One employee can sleep in a half-hour in the morning and they can work over a half-hour, but the next employee that comes in a half-hour late could be in trouble. Mr. Wilson stated this was being taken to extremes and stated Supervisors do allow employees to leave for doctor/dentist appointments. Mr. Tatigian wanted to clarify that the Union's perception is this member of the Union has been receiving extra consideration in treatment that goes beyond what other employees receive. He wanted to know if the Union thought there was something going on. Mr. Locke replied he thought there was a person in the Union that is not being treated like the rest of the Union. The Union cited Article 31.C. of the contract as the language that applied. Nowhere in the contract is there a provision for individual negotiation. Mr. Campau inquired if Mr. Locke wanted the Commission to direct Mr. Wilson to never make any changes for any employee in the future. Mr. Locke stated no, he just wanted advance notification of the change. Page 12 1270' Regular Meeting March 17, 2010 Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was 10-306 RESOLVED, That having reviewed AFSCME Union Local 192 Grievance #10-05, dated January 21, 2010, submitted as a class action grievance, regarding Animal Control Officers' work schedules and having discussion with Brian Wilson, Superintendent of Public Service; Charles Locke, President, AFSCME Union Local 192; and John Dauffenbach, Chief Clerical Steward, AFSCME Union Local 192, the Civil Service Commission does hereby deny the grievance provided however, that based upon the request made by the Union, that Management provide the Union with reasonable advance notification for the Animal Control Officers' work schedules. Mr. Wilson stated he would send a notice when the Animal Control Officers temporarily change their schedule. Mr. Campau announced they would now hear AFSCME Union Local 192 Grievances #10-03 and #10-04 and asked if they could be handled simultaneously because they are identical in nature. Mr. Locke replied they could be handled together. Charles Locke explained that on January Ph, 2010, there was an overtime opportunity in the Parks Division and Management went outside the Division to fill this. They went to Building Maintenance and chose two (2) employees to shovel snow. Mr. Locke staled the City has followed an unwritten procedure where overtime outside of your Department, i.e., leaf pick-up in particular, they take the lowest paid employee first, then go to the next higher paid employee. In the Step 2 response Mr. Locke received on Monday of this week, Mr. Cadsen and Ms. Flores were overlooked for the overtime opportunity because they were in Roads and there was a chance they may have been needed there. Mr. Wilson stated the reason the Step 2 response was just done was because there was a Step 2 meeting and they discussed this grievance. Following the meeting Mr. Wilson was out of town. The Supervisor spoke to the Chief Steward and indicated to the Chief Steward that Mr. Wilson would be going out of town and that the Step 2 written response would be delayed. The Chief Steward said fine. The Supervisor also sent a correspondence as a follow up to that discussion. When Mr. Wilson returned, he had a follow up meeting with the Chief Steward and told him that he was going to give him the Step 2 response and he did so. The Commissioners staled they did not receive a copy of the Step 2 response. Mr. Wilson explained that on January 7, 2010, near quitting time, the Park Maintenance section needed a few more people to shovel sidewalks. They used the supplemental snow and ice list which has been used for several years and they got a couple more people and took care of the sidewalks. The interest of the employees in the Roads section in working this Park Maintenance overtime has never come up before. Mr. Wilson explained that the supplemental list came about from a training and orientation meeting that they had where they asked anybody that was interested in working in snow and ice. Mr. Wilson indicated they were not aware that the two (2) aggrieved individuals were interested in this overtime. At the Step 2 meeting the Vice -President told him that those two (2) employees were just picked to be grievants. Mr. Campau noted that both of the employees signed the grievance Page 13 1270' Regular Meeting March 17, 2010 form. Mr. Wilson stated the two employees were presented the grievance form and they signed it. He added they don't have any problem adding people to the supplemental snow and ice control list but it needed to be understood that these employees work in Roads. Roads has its own overtime responsibilities as far as snow and ice, so it is quite possible they couldn't work the sidewalks if in fact they were going to be assigned some overtime in Roads clearing public highways. Mr. Wilson stated that to resolve this situation they will communicate every year in October, to all the employees and ask who is interested in participating and being on the supplemental list. They would track the overtime hours in the same manner they track the overtime hours on all the other call -out lists. Mr. Wilson advised that what the Union is asking for is to pay the two (2) employees in Roads for overtime that they did not work. Charles Locke stated that Mr. Wilson said these two (2) employees do snow plowing as part of their normal job, therefore, to overlook them for this overtime opportunity didn't make sense. He further stated the two (2) employees had worked a shorter shift earlier and they were available but they were told they were not needed. The Union believes these two (2) people should have been afforded the opportunity to work based on the City's policy. Both employees understand the financial hardship the City is undergoing and they would be willing to accept compensatory time. Mr. Locke added that if Mr. Wilson wants to create an up-to- date supplemental list the Union is ok with that. Mr. Campau responded that if the employees were not on the list then the Foreman couldn't have called them. Steven Schoonover, Vice -President, AFSCME Union Local 192, stated he was in the Roads Department and the supplemental list in question was created more than a year ago. That list was created for supplemental drivers to plow for snow emergencies, not to be used by the Parks Department. When that list was created, Roads personnel were never asked to be on the list because they were already being used for Roads activities. Management is using an old list and that is why no Roads employees are currently on that list. Mr. Schoonover explained that the reason the Roads personnel would like to be included and were available is because of budget cutbacks. We are using less Roads personnel to clear highways. He added these two (2) employees would have been the eligible employees to be offered the overtime opportunity if Administration used their own policy. They were not randomly chosen to sign the grievance. Mr. Campau stated that in the future, Management should afford them the overtime opportunity by providing every employee in the Parks and Roads division a chance to sign the list for overtime opportunities. Mr. Schoonover stated the problem is that on this day, there was a set policy they were following. Ms. Mahoney stated people already know her philosophy whereby an employee shouldn't get paid for work that they haven't performed. Mr. Campau suggested that the list be expanded. Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was 10-307 RESOLVED, That having reviewed AFSCME Union Local 192 Grievances #10-03 and #10-04, dated January 21, 2010, from Arica Flores, Construction Worker I and Jeffrey Carlsen, Equipment Operator 11, regarding overtime, and having discussion with Brian Wilson, Superintendent of Public Service; Charles Locke, President, AFSCME Union Local 192; and Steven Schoonover, Vice -President, AFSCME Union Local 192, the Civil Service Page 14 1270' Regular Meeting March 17, 2010 Commission does hereby deny the grievance and requests that the supplemental snow and ice control list be expanded to include Roads personnel. Ms. Mahoney requested that Management make it clear to individuals that they need to be on that supplemental list in order to be considered for overtime opportunities. She also requested that the names of these two (2) employees be added to the list immediately, in the event there was a snow emergency yet this year. Mr. Wilson agreed to do that. Mr. Wilson requested to revisit Agenda item NB4, the request for the Superintendent of Public Service (Environment & Utilities) position. He informed the Commission that the Director of Public Works was present for discussion. Kevin Maillard, Director of Public Works requested the qualifications on the previous announcement be read. Mr. Campau read the previous qualifications and asked if there was an immediacy to announce this examination. Mr. Maillard replied yes, the position has been vacant for quite some time. Mr. Biga requested they be more specific on the type of degree listed on the qualifications. The Chairperson requested a five (5) minute break and asked that Mr. Biga and Mr. Maillard confer. During the break, discussion continued between Mr. Biga and Mr. Maillard to further refine the qualifications for the Superintendent of Public Service position. The meeting reconvened at 6:46 p.m. Mr. Biga stated that as a result of the discussion with Mr. Maillard, the original memo was modified and he read the changes. Mr. Tatigian withdrew his earlier motion to refer this matter to the Human Resources Director for a report and recommendation. Ms. Mahoney withdrew her support of Mr. Tatigian's earlier motion. Mr. Campau indicated that motion was rescinded. Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was 10-308 RESOLVED, That having reviewed the letter of March 5, 2010, from Kevin Maillard, Director of Public Works, requesting an open -competitive examination for Superintendent of Public Service (Environment & Utilities) and proposed qualifications and parts of examination and weights, and having discussion with Kevin Maillard, Director of Public Works; Brian Wilson, Superintendent of Public Service; and Robert F. Biga, Human Resources Director, the Civil Service Commission does hereby approve the qualifications and parts of examination and weights as follows: QUALIFICATIONS By the closing date of this announcement, applicants must: Page 15 1270' Regular Meeting March 17, 2010 1. Be a citizen of the United States or resident alien with the right to work in the United States; AND 2. Have graduated from an accredited college or university with a Bachelors Degree in Business Administration, Public Administration, Environmental Engineering, Civil Engineering or a related degree; AND 3. Have a minimum of ten (10) years of full-time paid supervisory experience in a Public Works Department of a municipal or county government; AND 4. Possess a State of Michigan S-1 Water Distribution License. NOTE: Original college diploma and/or degree documentation and S-1 Water Distribution License must be submitted at the time of application. PARTS OF EXAMINATION AND WEIGHTS 100% Interview Candidates must pass the Interview in order to be placed on the eligible list. The request from Mary Lou Golen, Clerk -Typist, recommended for approval by Kathleen Monroe, City Librarian, requesting additional Family Illness leave was removed from the agenda. No Commission action was needed. Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian and unanimously adopted, it was 10-309 RESOLVED, That having reviewed the letter of March 17, 2010, from Mayor Jack Kirksey, regarding the pay step for Mark Taormina, Planning and Economic Development Director, the Civil Service Commission does hereby approve placing Mr. Taormina at step 5 in the salary range for Planning and Economic Development Director. Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was 10-310 RESOLVED, That having reviewed the letter of March 17, 2010, from Linda Grimsby, City Clerk, requesting reinstatement after her retirement on March 27, 2010, to any of the classifications of Account Clerk I, Accountant I and Accountant II, the Civil Service Commission does hereby approve the eligibility for reinstatement of Ms. Grimsby to any of the classifications of Account Clerk I, Accountant I and Accountant II, should a vacancy occur. Mr. Campau passed the gavel to Ms. Mahoney who will be taking over as Chairperson for the Civil Service Commission at the April 21, 2010 regular Civil Service Commission meeting. Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian and unanimously adopted, it was Page 16 1270' Regular Meeting March 17, 2010 RESOLVED, That the meeting be adjourned at 6:50 p.m. Gretchen Guisbert, Secretary III Ronald C. Campau, Chairperson Charlotte S. Mahoney, Commissioner Harry C. Tatigian, Commissioner