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HomeMy WebLinkAbout1286th CSC Meeting (July)12W REGULAR MEETING OF THE CIVIL SERVICE COMMISSION The 12W Regular Meeting of the Civil Service Commission was held on Wednesday, July 21P, 2011. The meeting was called to order at 6:01 p.m. Members Present: Also Present: Steven Schoonover, Vice -President, AFSCME Union Local 192 Debra Seeman, Executive Board member, AFSCME Union Local 192 Charlotte S. Mahoney, Chairperson Harry C. Tatigian Ronald E. Campau Theodore Neumann, Former Custodian Brian Wilson, Superintendent of Public Service Robert F. Biga, Human Resources Director Gretchen Guisbert, Secretary III Upon a motion by Mr. Campau, seconded by Mr. Tatigian and unanimously adopted, it was 1159 RESOLVED, That the minutes of the 1285^ Regular Meeting held Wednesday, June 15, 2011, be approved as submitted. Upon a motion by Mr. Tatigian, seconded by Mr. Campau and unanimously adopted, it was 11-60 RESOLVED, That having reviewed the Departmental Correspondence of July 12, 2011, from John Cammarata, Police Officer, as approved for submission by Robert Stevenson, Police Chief, requesting additional family illness leave, the Civil Service Commission does hereby affirm the administrative approval of Mr. Cammarata's request to use an additional six (6) eight (8) hour days for the calendar year 2011 from his sick bank to be charged as family illness. 11-61 RESOLVED, That having reviewed the Departmental Correspondence of June 23, 2011, from Michael Reilly, Senior Police Officer, as approved for submission by Robert Stevenson, Police Chief, requesting to carry over vacation days in excess of the maximum allowed by contract, based on a projected retirement date of June 23, 2014, the Civil Service Commission does hereby affirm the administrative approval of 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 59 days as cited in the Livonia Police Officers Association Contract, Article 22.7, Vacation Accrual, and as set forth in Civil Service Commission Rule 25, LEAVES, Section 25.1 Annual Leave (Vacation), Paragraph (f); AND BE IT FURTHER RESOLVED, that the employee is advised 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; Paget 1286u Regular Meeting July 20, 2011 AND BE IT FURTHER RESOLVED, that the employee is notified it is the employee's responsibility to manage his 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. 11-62 RESOLVED, That having reviewed the memorandum of June 27, 2011, from Derrick L. Washington, Personnel Analyst II, to Robert F. Biga, Human Resources Director, regarding the passing point for the written examination for Firefighter (932 o.c.), the Civil Service Commission does hereby affirm the administrative approval of the passing point of 70% or a score of 70 out of a maximum raw score of 100 for the written examination for Firefighter (932 o.c.). 11-63 RESOLVED, That the Civil Service Commission does hereby affirm the administrative approval of the eligible list for Firefighter (932 o.c.). The Commission received and filed the following: Status of Temporary Employees Report for June 2011. Non -Resident Report as of July 1, 2011. Current Open -Competitive and Promotional Eligible Lists as of July 1, 2011. Affirmative Action Report for June 2011. Removal of names from active eligible list report for the month of June 2011. Council Resolutions from the meeting of June 8, 2011, with minutes approved June 20, 2011: #174-11, Appointing R. William Joyner, as a Democratic member of the Board of Canvassers of the City of Livonia, to fill the unexpired term of Larry Henney, ending December 31, 2013. #175-11, Appointing Scott Bahr, as a Republican member of the Board of Canvassers of the City of Livonia, to fill the unexpired lens of Donald Kolhoff, ending December 31, 2013. Council Resolutions from the meeting of June 20, 2011, with minutes approved July 6, 2011: #194-11, Approving the appointment of Michael E. Duggan, Jr., to the Zoning Board of Appeals for a three-year term expiring July 12, 2014. #195-11, Approving the appointment of Elizabeth H. McCue, to the Zoning Board of Appeals for a three-year term expiring July 12, 2014. Letters dated July 5, 2011, from Robert F. Biga, Human Resources Director, to Scott Morgan, President, LPDA; Charles Locke, President, AFSCME Union Local 192; and Nicholas Calleja, President, AFSCME Union Local 1917, regarding Public Act 54 of 2011. Page 1266u Regular Meeting July 20, 2011 i. Expiring eligible lists for the month of August 2011 — Fire Equipment Mechanic (929 o.c.) and Program Supervisor — Library (1313 p.). Upon a motion by Mr. Tatigian, seconded by Mr. Campau and unanimously adopted, it was 11-64 RESOLVED, That having reviewed the memorandum dated June 30, 2011, from Robert F. Biga, Human Resources Director, requesting an extension of temporary assignment of Lyle Trudell as Superintendent of Parks and Recreation, the Civil Service Commission does hereby approve a one-time, six (6) month extension of the temporary Superintendent of Parks and Recreation to January 20, 2012 and directs the Human Resources Director to notify Mayor Kirksey of the ane -time, non-renewable extension. Robert Biga, Human Resources Director, explained that former Custodian Theodore Neumann was present at the meeting to request reinstatement to his former position. Mr. Biga referenced the Rules and Regulations, Section 16.6 Reinstatement, which states "An employee who had regular status and resigned, with the Appointing Authority stating on the termination certificate that the Department would rehire the employee, may be reinstated within two years of the effective date of the resignation." The Department indicated on Mr. Neumann's termination certificate they would not reinstate him, therefore he is not eligible for reinstatement. Mr. Neumann stated he gave nine (9) good years, most of it full-time, and he didn't understand why he shouldn't be reinstated. He explained that he did apply for the recent open -competitive Custodian examination and was disqualified on a technicality; he didn't write down his drivers license number on the application. He also stated he talked to Mr. Washington but was unsuccessful in getting re -qualified to take the examination for Custodian. Mr. Neumann stated he hoped when he left the City, to work part-time, which he did for an employer who, he said, was unfair. He quit that job and he is receiving social security, but it isn't enough money. He continued that if he could get a job back with the City as a part-time Custodian he would be much better off, because his income was reduced so badly. He explained that he left the City due to health reasons. Mr. Neumann stated he applied for social security disability but they denied him and he is in the process of appealing that decision. He reiterated that he would really like to be reinstated. Brian Wilson, Superintendent of Public Service, stated that Mr. Neumann is a likeable man and he has known him for many years, however, on his termination certificate his immediate supervisor rated him in several categories as not being acceptable. In addition, there were some disciplinary matters that were taken into account for the Department's decision to mark him as a no rehire. Ms. Mahoney questioned if the fact that Mr. Neumann was marked as a no rehire made him ineligible for reinstatement. Mr. Biga confirmed that. Ms. Mahoney indicated he could reapply and go through the examination process. Mr. Neumann did file an application since there was an examination in process. The application is required to be completed properly Page 1286u Regular Meeting July 20, 2011 and because he left his drivers license number off of the application form, that made the application incomplete. There were about 15 individuals including Mr. Neumann, who submitted incomplete applications and their applications were rejected. Ms. Mahoney inquired when there is another examination for which Mr. Neumann was eligible to reapply. Mr. Biga responded that Mr. Neumann could reapply at a future date. Mr. Biga reminded the Commissioners that if they were to approve his reinstatement, all the reinstatement would permit the Civil Service Department to do, is refer his name to the Department for reemployment. The Department does not have to reemploy Mr. Neumann. Ms. Mahoney clarified that being eligible for reinstatement doesn't guarantee being rehired by any department. Mr. Biga informed the Commission there have been individuals who have requested reinstatement; the Commission has approved the request, but no jobs have come up and they were never reemployed. Mr. Neumann inquired when the City would be taking applications for Custodian again. Mr. Biga stated this Custodian examination should result in an eligible list that could last for at least a year, but most likely two, before there would be another examination announcement. Upon a motion by Mr. Campau, seconded by Mr. Tatigian and unanimously adopted, it was 11-65 RESOLVED, That having reviewed the letter dated June 28, 2011, from former Custodian, Theodore Neumann, requesting reinstatement to his former position, and having discussion with Robert F. Biga, Human Resources Director, the Civil Service Commission does hereby deny Mr. Neumann's request for reinstatement based upon the Department's recommendation not to rehire. Mr. Biga stated the Department of Public Works submitted a request for a reduction in the pay rates for Seasonal Laborers. He explained there are two different classifications for Seasonal Laborer; Seasonal Laborer I and Seasonal Laborer II. The Department is requesting that the rates be reduced by $.50 per hour across the board. Derrick Washington conducted a survey of neighboring communities. The results indicated that even with the reduced rate that is being requested, our rates are still competitive with our neighbors. Ms. Mahoney inquired if this reduction would be for the Seasonal Laborers in the position now or for those to be hired in the future. Mr. Wilson clarified that in the current budget year, the Department of Public Works, as well as other City Departments, had received instructions that they needed to cut the budget by 7% to 9%. This difficult process resulted in several positions being cut, layoffs, and bumping. The non -personnel budget line items for tools, materials and supplies were also greatly trimmed. He stated that for the coming budget year, they need to budget a 6% to 8% cut. They determined that the 5% wage reduction that was achieved by implementing unpaid furlough days was totally offset by increases in employee medical costs and increases in VEBA and Defined Benefit retirement contributions. In order to achieve the cost reductions, the Department is going to implement more cuts. He explained the Department was trying to maintain employment for as many people as Page 5 1288"' Regular Meeting July 20, 2011 possible. In an effort to achieve this, they proposed a $.50 per hour reduction in hourly rate for Seasonal Laborers. Mr. Campau inquired how much the Department would save by doing this. Mr. Wilson didn't have the actual dollar figure, but it would save at least one part-time Custodian position. He also explained that this reduction would begin with the 2012 fiscal year. Upon a motion by Mr. Tatigian, seconded by Mr. Campau and unanimously adopted, it was 11-66 RESOLVED, That having reviewed the letter of June 14, 2011, from Brian Wilson, Superintendent of Public Service, and Kevin Maillard, Director of Public Works, requesting a reduction in the pay rates for Seasonal Laborers, and having discussion with Robert F. Biga, Human Resources Director, the Civil Service Commission does hereby approve the request for a $.50 per hour reduction in pay for Seasonal Laborers, and adopts the new rates as follows: Seasonal Laborer I Current Rate New Rate First Season $9.00 First Season $8.50 Second Season $9.25 Second Season $8.75 Seasonal Laborer 11 Current Rate New Rate First Season $9.25 First Season $8.75 Second Season $9.50 Second Season $9.00 effective 1/1/2012, and the Civil Service Commission submits same to City Council for concurrence. Upon a motion by Mr. Campau, seconded by Mr. Tatigian and unanimously adopted, it was 11-67 RESOLVED, That having reviewed the letter of June 15, 2011, from Donna Schmidt, Clerk -Typist 11, as approved for submission by Kathleen Monroe, City Librarian, requesting an unpaid medical leave of absence, the Civil Service Commission does hereby approve an unpaid medical leave of absence, not to exceed thirty (30) calendar days, beginning July 11, 2011, with the understanding that Ms. Schmidt is responsible during her unpaid medical leave of absence to pay the copayment for her medical insurance; AND BE IT FURTHER RESOLVED, that should Ms. Schmidt not return to work for at least thirty (30) calendar days, after the approved thirty (30) day unpaid medical leave of absence, she will be responsible to reimburse the City of Livonia for any costs for benefits paid for Ms. Schmidt during her time off, in accordance with Section 25.6 (c), Insurance Premium Payments, of the Civil Service Commission Rules and Regulations and Final FMLA Regulations (29 C.F.R.), unless circumstances for not returning to work are beyond Ms. Schmidt's control. Page 12136u Regular Meeting July 2D, 2D11 Upon a motion by Mr. Tatigian, seconded by Mr. Campau and unanimously adopted, it was RESOLVED, That the meeting be adjourned at 6:19 p.m. Gretchen Guisbert, Secretary III Charlotte S. Mahoney, Chairperson Harry C. Tatigian, Commissioner Ronald E. Campau, Commissioner