HomeMy WebLinkAbout1276th CSC Meeting (September)1276' REGULAR MEETING OF THE
CIVIL SERVICE COMMISSION
The 1276'^ Regular Meeting of the Civil Service Commission was held on Wednesday,
September 15, 2010. The meeting was called to order at 5:30 p.m.
Members Present:
Also Present:
James Hirst, Equipment Operator III
Charles Locke, President, AFSCME Union
Local 192
Steve Schoonover, Vice -President,
AFSCME Union Local 192
Charlotte S. Mahoney, Chairperson
Harry C. Tatigian
Ronald E. Campau
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 Mr. Campau and unanimously adopted, it was
10-368 RESOLVED, That the minutes of the 1275^ Regular Meeting held
Thursday, August 19, 2010, be approved as submitted.
Upon a motion by Mr. Campau, seconded by Mr. Tatigian and unanimously adopted, it was
10369 RESOLVED, That having reviewed the letter of September 10,
2010, from Karen Tesner, Director of Legislative Affairs, as approved for
submission by Jack E. Kirksey, Mayor, requesting an extension of her leave of
absence from the classified service, the Civil Service Commission does hereby
approve a leave of absence from the classified service for Ms. Tesner for one (1)
year, commencing October 1, 2010, pursuant to Civil Service Commission Rules
and Regulations, RULE 16, CERTIFICATION, APPOINTMENT AND
REINSTATEMENT, Section 16.5, Appointment of an Employee in the Classified
Service to a Position in the Unclassified Service.
10370 RESOLVED, That having reviewed the Departmental
Correspondence of August 30, 2010 from Michael Arakelian, Senior Police
Officer, as approved for submission by Robert Stevenson, Police Chief,
requesting to carry over vacation days in excess of the maximum of thirty (30)
days, based on a projected retirement date of August 30, 2013, the Civil Service
Commission does hereby approve this request;
AND BE IT FURTHER RESOLVED, that the employee is advised that the
maximum number of days to be paid off at retirement is fifty-nine (59), as set
forth in the Livonia Police Officers Association (LPDA) contract, Article 22.7,
Vacation Accrual and Civil Service Commission Rule 25, LEAVES, Section 25.1
Annual Leave (Vacation), paragraph (f);
Page 2 1270th Regular Meeting September 15, 2010
AND BE IT FURTHER RESOLVED, that the maximum number of days will be
increased by the number of bonus vacation days earned in the last three (3)
years prior to retirement for not using more than five (5) sick leave days annually,
up to a maximum of nine (9) days;
AND BE IT FURTHER RESOLVED, that it is the employee's responsibility to
manage his/her vacation time to avoid losing excess accrued time prior to
retirement by scheduling sufficient time off prior to retirement, subject to the
operating needs of the department.
10371 RESOLVED, That having reviewed the Departmental
Correspondence of September 19, 2010 from James Barron, Senior Police
Officer, as approved for submission by Robert Stevenson, Police Chief,
requesting to carry over vacation days in excess of the maximum of thirty (30)
days, based on a projected retirement date of September 19, 2013, the Civil
Service Commission does hereby approve this request;
AND BE IT FURTHER RESOLVED, that the employee is advised that the
maximum number of days to be paid off at retirement is fifty-nine (59), as set
forth in the Livonia Police Officers Association (LPDA) 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 will be
increased by the number of bonus vacation days earned in the last three (3)
years prior to retirement for not using more than five (5) sick leave days annually,
up to a maximum of nine (9) days;
AND BE IT FURTHER RESOLVED, that it is the employee's responsibility to
manage his/her vacation time to avoid losing excess accrued time prior to
retirement by scheduling sufficient time off prior to retirement, subject to the
operating needs of the department.
10-372 RESOLVED, That having reviewed the Departmental
Correspondence of September 1, 2010 from John Gibbs, Senior Police Sergeant,
as approved for submission by Robert Stevenson, Police Chief, requesting to
carry over vacation days in excess of the maximum of thirty (30) days, based on
a projected retirement date of September 1, 2013, the Civil Service Commission
does hereby approve this request;
AND BE IT FURTHER RESOLVED, that the employee is advised that the
maximum number of days to be paid off at retirement is fifty-nine (59), as set
forth in the Livonia Lieutenants and Sergeants Association (LLSA) contract,
Article 16, VACATION, paragraph E. 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 will be
increased by the number of bonus vacation days earned in the last three (3)
Page 3 1276th Regular Meeting September 15, 2010
years prior to retirement for not using more than five (5) sick leave days annually,
up to a maximum of nine (9) days;
AND BE IT FURTHER RESOLVED, that it is the employee's responsibility to
manage his/her vacation time to avoid losing excess accrued time prior to
retirement by scheduling sufficient time off prior to retirement, subject to the
operating needs of the department.
10373 RESOLVED, That having reviewed the Departmental
Correspondence of August 30, 2010 from Shelley Holloway, Senior Police
Sergeant, as approved for submission by Robert Stevenson, Police Chief,
requesting to carry over vacation days in excess of the maximum of thirty (30)
days, based on a projected retirement date of August 30, 2013, the Civil Service
Commission does hereby approve this request;
AND BE IT FURTHER RESOLVED, that the employee is advised that the
maximum number of days to be paid off at retirement is fifty-nine (59), as set
forth in the Livonia Lieutenants and Sergeants Association (U -SA) contract,
Article 16, VACATION, paragraph E. 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 will be
increased by the number of bonus vacation days earned in the last three (3)
years prior to retirement for not using more than five (5) sick leave days annually,
up to a maximum of nine (9) days;
AND BE IT FURTHER RESOLVED, that it is the employee's responsibility to
manage his/her vacation time to avoid losing excess accrued time prior to
retirement by scheduling sufficient time off prior to retirement, subject to the
operating needs of the department.
10-374 That having reviewed the Departmental Correspondence of August
30, 2010 from Paul Zoski, Senior Police Sergeant, as approved for submission
by Robert Stevenson, Police Chief, requesting to carry over vacation days in
excess of the maximum of thirty (30) days, based on a projected retirement date
of August 30, 2013, the Civil Service Commission does hereby approve this
request;
AND BE IT FURTHER RESOLVED, that the employee is advised that the
maximum number of days to be paid off at retirement is fifty-nine (59), as set
forth in the Livonia Lieutenants and Sergeants Association (U -SA) contract,
Article 16, VACATION, paragraph E. 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 will be
increased by the number of bonus vacation days earned in the last three (3)
years prior to retirement for not using more than five (5) sick leave days annually,
up to a maximum of nine (9) days;
Page 4 1276th Regular Meeting September 15, 2010
AND BE IT FURTHER RESOLVED, that it is the employee's responsibility to
manage his/her vacation time to avoid losing excess accrued time prior to
retirement by scheduling sufficient time off prior to retirement, subject to the
operating needs of the department.
The Commission received and fled the following:
Status of Temporary Employees Report for August 2010.
Non -Resident Report as of September 1, 2010.
Current Open -Competitive and Promotional Eligible Lists as of September
1, 2010.
Affirmative Action Report for August 2010.
Removal of names from active eligible list report for the month of August
2010. No changes.
Expiring eligible lists far the month of October -2010— None.
Letter of August 20, 2010, from AFSCME Union Local 192, requesting a
Labor -Management meeting to discuss a provision of the job description
for Secretary I in the City Clerk's office.
Upon a motion by Mr. Campau, seconded by Mr. Tatigian and unanimously adopted, it was
10375 RESOLVED, That having reviewed the letter of September 2, 2010,
from James Hirst, Equipment Operator III, as approved for submission by Don
Rohraff, Superintendent of Public Service, requesting an extension of the three-
year vacation day carry over limit in anticipation of retirement based on a revised
retirement date of September 2, 2013, the Civil Service Commission does hereby
approve this request;
AND BE IT FURTHER RESOLVED, that the employee must reduce his/her
vacation balance to twenty-eight (28) days, effective December 31, 2012, since
his/her basic vacation credit on January 1, 2013 is twenty-three (23) days, and
the maximum number of days the employee can have in the vacation bank is
fffyone (51);
AND BE IT FURTHER RESOLVED, that the maximum number of days payable
at retirement will be increased by any bonus vacation days earned for not using
more than five (5) sick leave days in the last two out of three years of
employment; up to a maximum of six (6) days;
AND BE IT FURTHER RESOLVED, that it is the employee's responsibility to
manage his/her vacation time to avoid losing excess accrued time prior to
retirement by scheduling sufficient time off prior to retirement, subject to the
operating needs of the department.
Page 5 1270th Regular Meeting September 15, 2010
Upon a motion by Mr. Campau, seconded by Mr. Tatigian and unanimously adopted, it was
10-376 RESOLVED, That having reviewed the Arbitration Opinion and
Award for MERC Case No. D09- B-0220, for the Livonia Lieutenants and
Sergeants Association (LLSA), the Civil Service Commission does hereby accept
said Arbitration Opinion and Award and forwards same to City Council for their
review.
Upon a motion by Mr. Tatigian, seconded by Mr. Campau and unanimously adopted, it was
10377 RESOLVED, That having reviewed the letter of September 8, 2010,
from Shadd A. Whitehead, Fire Chief, requesting an open -competitive
examination for Account Clerk 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
By the closing date of this announcement, applicants must:
1. Be a citizen of the United States or resident alien with the right to work in
the United States; and
2. Have a high school diploma or a valid equivalency certificate; and
3. Have a minimum of one year full-time paid work experience within the
past three years in the use of computer menus and entering of data on
computer terminals; and
4. Have had a minimum of two years of full-time paid accounting,
bookkeeping or related clerical experience, including experience with
office machines; OR have had two years of college business courses or
business school training; OR have an equivalent combination of education
and experience.
NOTE: Candidates are required to submit ORIGINAL HIGH SCHOOL DIPLOMA OR GED
CERTIFICATE AND/OR ORIGINAL DEGREE OR OFFICIAL TRANSCRIPTS at the
time of Interview.
PARTS OF EXAMINATION AND WEIGHTS
Written Test -60% Interview -40%
A minimum of the top fifteen (15) qualified candidates with the highest passing scares on the
Written Test will be invited to the Interview. Candidates must pass the Written Test in order
to be placed on the eligible list.
Charles Locke, President, AFSCME Union Local 192, presented Grievance #10-24, dated
August 2, 2010, from DPW employees, regarding foul weather garments, and he brought
samples of the clothes the employees were given. Mr. Locke cited a provision in Article 47,
Page 6 1271kh Regular Meeting September 15, 2010
pertaining to his classification, states in part, 'employees shall be provided with two (2)
complete sets, coat, hood, and pant, of brown duck 100% cotton preshrunk outer shell, wind
resistant foul weather garments'
He explained that regarding the coat, it has an outer shell which by definition means it has an
inner shell. He stated the hood also has an outer shell and an inner shell which also meets
the requirements. However, the brown duck pants are just pants. They only differ from the
pants he was currently wearing by the color and by slight design. Mr. Wilson stated the
Union's contention is that the pants should have been lined. Mr. Locke stated that all the
pants that have been purchased in past years had an inner lining.
Mr. Wilson referred to the grievance response which stated the Department adopted a
program years ago where employees could either receive the standard coat, hood and pants
as called for in the contract, or they could use the monetary value of that package to buy any
assortment of clothing they so desired.
Mr. Wilson explained that there is an agreement with Allie Brothers for the purchase of
articles of clothing. You can't buy something else there that is not uniform -type clothing. He
stated the brown duck pants that are in question do meet the requirements of the contract.
He added they were routinely supplied for many years, but in 2003 Allie Brothers couldn't get
the unlined pant, so the City was forced to substitute a more expensive lined pant. This year
Allie Brothers notified the City they were able to get the unlined pants that were previously
supplied and that is what they went back to, which was the type of clothing that was supplied
for years without objection. Mr. Wilson also brought samples of clothing. He stated pants
that were brown duck are foul weather gear. Mr. Wilson explained that foul weather doesn't
mean just winter because the pants are four -season pants. He showed the Commissioners a
pair of pants that he was issued from 1980. The pants are unlined and he stated they are
durable and he still wears these pants.
Mr. Locke stated the employees noticed this year there was a significant dollar decrease. He
further stated that bibs cost over $100 a pair, so it takes several years to acquire enough
proper cold weather garments. Mr. Campau inquired if they were talking about dollar value
or utility. Mr. Locke advised they were concerned about the dollar value. He also added the
employees would prefer to have lined pants for warmth, and then employees would be
satisfied.
Mr. Campau asked what the difference in cost was for lined vs. unlined pants. Mr. Wilson
stated it was about 2.5 times more expensive for the lined pants. He referenced the
controlling language in the contract, Article 47, paragraph G, which states "All clothing
provided shall be selected solely by the Employer." Mr. Locke reiterated contract language
stating the hood and the coat shall have an outer shell; therefore, by definition, they have an
inner shell. The coat and the hood have that and the pants do not.
Ms. Mahoney stated the language she saw does not say "must have an outer shell,' it just
says "100% cotton preshrunk outer shell" She indicated Mr. Locke was making an
assumption that outer shell equaled having an inner shell.
Page ] 1275th Regular Meeting Septe�r 15, 2010
Mr. Tatigian clarified that under contractual language, when one thing is specified that means
those things which are not specified are not included. It does specify an outer shell without
specifying an inner shell, that means inner shells are not included. Mr. Locke countered that
in order for you to have an outer shell; you must have an inner shell. Mr. Tatigian disagreed,
and stated there is an outer shell without an inner shell.
Mr. Wilson advised that the City also offered a rental uniform provision. In lieu of receiving
the rental uniforms, employees get half the value of those rental uniforms which are added to
their voucher amount, so that allows them to get above and beyond the brown duck.
Mr. Locke explained that this is not what is purchased with the voucher; the voucher states
that you can purchase what is written in the contract, the specific quantity and articles of
clothing is listed on page 46 of the 192 contract. Mr. Wilson stated they even meet the
definition of foul weather gear in the definition provided by the Union within the Grievance
itself.
According to Mr. Locke, the issue this year is, that because of the decrease in the value of
the voucher, and the fact that AIIie Brothers' last bid on this contract was in 2002 or 2003 and
they hadn't adjusted their bid, employees were unable to purchase adequate clothing based
on the dollar amount. Mr. Wilson stated the voucher amount did not go down; the voucher
amount has been the same. Mr. Campau inquired how much the voucher was. Mr. Wilson
responded that it depended on the classification, but for Mr. Locke's classification, as a
Water Operations Mechanic, he could get two (2) sets of these items, but he thought the
amount was around $500 or $600. Mr. Locke informed the Commission his voucher was in
the amount of $284.
Ms. Mahoney asked if the Union wanted the City to raise the amount of the voucher to equal
the cost of lined pants. Mr. Locke stated no, AIIie Brothers was supposed to bid on the lined
pants. Mr. Wilson stated that was not true, the bid amounts were listed in the Grievance.
The bid for unlined pants was $19. That was the AIIie Brothers clothing price from 2003. Ms.
Mahoney asked if AIIie Brothers was expected to hold their prices for the City. Mr. Wilson
indicated they have held their prices for the City of Livonia DPW employees. Mr. Wilson
clarified the employees get what is entitled under the contract. Unlined pants were always
issued until AIIie Brothers told them they were unable to get them.
Mr. Tatigian suggested that the Union negotiate contract language specifying an inner shell.
Mr. Locke believed they negotiated this contract in good faith and the language is there. Mr.
Locke stated Mr. Tatigian had good advice, but it doesn't solve the problem that they are
going to be facing this winter. Ms. Mahoney asked when the pants were last unlined. Mr.
Wilson responded it was in 2003 and in 2004 AIIie Brothers told the City they couldn't get
unlined pants. Ms. Mahoney staled the employees got used to having the lined pants.
Mr. Locke stated he always used a voucher because that has allowed him, over the years, to
buy a complete set of appropriate clothing. He also stated the voucher had to be used each
year so employees buy in anticipation of what they need or to replace articles of clothing as
needed. Mr. Wilson disagreed with the statement that it took several years to accumulate
appropriate clothing.
Page 8 1271kh Regular Meeting September 15, 2010
Mr. Tatigian stated there was a time when there was no clothing allowance. He
recommended this be negotiated.
Upon a motion by Mr. Campau, seconded by Mr. Tatigian and unanimously adopted, it was
10-378 RESOLVED, That having reviewed AFSCME Union Local 192
Grievance #10-24, dated August 2, 2010, from 192 DPW employees, regarding
foul weather garments, and having discussion with Charles Locke, President,
AFSCME Union Local 192; and Brian Wilson, Superintendent of Public Service,
the Civil Service Commission does hereby deny the grievance.
Upon a motion by Mr. Campau, seconded by Mr. Tatigian and unanimously adopted, it was
RESOLVED, That the meeting be adjourned at 5:56 p.m.
Gretchen Guisbert, Secretary III
Charlotte S. Mahoney, Chairperson
Harry C. Tatigian, Commissioner
Ronald C. Campau, Commissioner