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HomeMy WebLinkAbout1291st CSC Meeting (December)1291" REGULAR MEETING OF THE CIVIL SERVICE COMMISSION The 1291" Regular Meeting of the Civil Service Commission was held on Wednesday, December 7'h, 2011. The meeting was called to order at 5:35 p.m. Members Present: Also Present: Shadd A. Whitehead, Fire Chief Charlotte S. Mahoney, Chairperson Harry C. Tatigian Ronald E. Campau Robert F. Biga, Human Resources Director Gretchen Guisbert, Secretary III Derrick L. Washington, Personnel Analyst II Upon a motion by Mr. Campau, seconded by Mr. Taligian and unanimously adopted, it was 11-121 RESOLVED, that the minutes of the 1290th Regular Meeting held Wednesday, November 16, 2011, be approved as submitted. 11-122 RESOLVED, that the minutes of the 101'' Special Meeting held Wednesday, November 30, 2011, be approved as submitted. The Commission removed agenda item 1.a.(1) from the confirming agenda for review on the regular portion of the agenda. Upon a motion by Mr. Taligian, seconded by Mr. Campau and unanimously adopted, it was 11-123 RESOLVED, That having reviewed the Departmental Correspondence of November 22, 2011, from Matthew Riesterer, Fire Captain, as approved for submission by Shadd A. Whitehead, Fire Chief, requesting to carry over vacation days in excess of the maximum allowed by contract, based on a projected retirement date of November 22, 2014, the Civil Service Commission does hereby affirm the administrative approval of this request; AND BE IT FURTHER RESOLVED, that the employee has been advised of the maximum number of days to be paid off at retirement as cited in the Livonia Firefighters Union, Article 15, VACATIONS, paragraph G.i., 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 has been 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 fifty-six (56) sick leave hours annually, up to a maximum of three (3) days; Paget 1291° Regular Meeting December7,2011 AND BE IT FURTHER RESOLVED, that the employee has been notified 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. 11-124 RESOLVED, That having reviewed the memorandum of November30, 2011, from Derrick L. Washington, Personnel Analyst II, to Robert F. Biga, Human Resources Director, regarding the passing point for the written examination for Police Dispatcher (935 o.c.), the Civil Service Commission does hereby affirm the administrative approval of the passing point of 70% or a score of 14 out of a maximum raw score of 20 for the listening skills portion of the test and a passing point of 70% or 56 out of a maximum raw score of BO for the knowledge portion of the written examination for Police Dispatcher (935 o.c.). The Commission received and fled the following: Status of Temporary Employees Report for November 2011. Non -Resident Report as of December 1, 2011. Current Open -Competitive and Promotional Eligible Lists as of December 1, 2011. Affirmative Action Report for November 2011. Removal of names from active eligible list report for the month of November 2011. Expiring eligible lists for the month of January 2012 — None. Robert Biga, Human Resources Director, explained that Tom Clark is a Fire Engineer in the Livonia Fire Department, who sustained an injury to his knee several years ago while on military duty in Afghanistan. The military took care of his rehabilitation and Mr. Clark was returned to full service. When he returned to work for the City of Livonia, he returned to full duty with no restrictions. Subsequently, earlier this year, Mr. Clark injured his knee at home and has not been able to work since. Mr. Clark's doctor has indicated that he will never be able to perform the functions of a Firefighter. He might be able to perform other functions in the Fire service but he can't be a Firefighter. Mr. Clark is looking for a permanent light-duty assignment. The Fire Chief, by contract, has the right to give light-duty assignments, but not on a permanent basis. That information was conveyed to Mr. Clark. Mr. Biga had several discussions with Mr. Clark and stated Mr. Clark has not pursued the suggestions that he was given earlier this year to request a non -duty disability pension determination from the Retirement Board. Mr. Clark has not submitted such a request, even though he was sent a letter in October reminding him that he was running out of paid leave time. Mr. Biga further reiterated that Mr. Clark had several months to consider this suggestion. Mr. Clark was told he would need to request an unpaid leave of absence in order to continue his employment with the City if he could return to full duty. Mr. Clark has been, at limes, completely uncooperative in getting materials and information from doctors to the Civil Service Department in a timely manner and in responding to requests for information from the Fire Page 1291° Regular Meeting necember1,2011 Department as well as the Civil Service Department. Mr. Biga slated that Mr. Clark has, at times, misrepresented what has been going on. For example, Mr. Clark told by the City's third party administrator for Workman's Compensation that his Battalion Chief would not release him to go to an Independent Medical Evaluation (IME) when according to the Battalion Chief, Mr. Clark never advised him of the appointment. Mr. Biga referenced the memorandum of November 29, 2011, from Vickie Wuerth, detailing Mr. Clark's background for more details. Mr. Tatigian inquired if Mr. Biga supported the ten (10) reasons that Ms. Wuerth indicated in the memorandum for recommending denial as set forth on pages three and four. Mr. Biga responded the he did support the recommendations. Mr. Biga continued by staling that this afternoon, right before the Commission meeting, he received a letter from Mr. Clark requesting to have the Retirement Board consider an application for non -duty disability pension at next week's Retirement Board meeting. Mr. Biga explained that the Retirement Board would then have to convene a medical committee to determine if Mr. Clark qualifies for a disability pension. If Mr. Clark were to gel a leave of absence without pay, the question is, could he ever return to City employment as a firefighter and the answer is "no." Mr. Biga reiterated that Mr. Clark's own doctor has said he can't return to his position as Firefighter in the Fire Department. Mr. Biga queried that if Mr. Clark is granted a leave of absence, what will happen when the leave of absence is over? Mr. Clark has indicated that he wants to pursue a disability pension with the military, which he can do on his own. He can pursue his request for a non -duty disability pension. If Mr. Clark is on a leave of absence, the City would pay for Mr. Clark's medical insurance for which Mr. Clark would have to reimburse the City should he not return to City employment. Mr. Tatigian inquired if there was any reason why Mr. Clark was not here at the meeting. Mr. Biga stated he did not know why. Mr. Biga stated there was a "catch-22". If Mr. Clark goes on a leave of absence and he never returns to the City, Mr. Clark has to pay for his medical insurance. Mr. Biga stated Mr. Clark has exhausted his Family Medical Leave allowance. Therefore, the City has completed its obligation under the Family Medical Leave Act. So if this request were approved, it would just prolong the inevitable. If Mr. Clark is given a personal leave of absence, he is still not going to return to work. Ms. Mahoney asked for clarification if Mr. Clark was asking for a Temporary Leave of Absence, or wondered if he was asking for a permanent job that he can perform that is restricted duty. Mr. Biga responded that Mr. Clark already asked for a permanent reassignment and was told the City does not have a permanent light duty position. Mr. Biga advised that in the case of a non -duly disability, if Mr. Clark is deemed to be non -duty disabled, he would start drawing his pension immediately. That is a determination for the Retirement Board. Mr. Biga stated he advised Mr. Clark in July and a couple more times since then, that it is his evaluation based upon Mr. Clark's circumstances, that there are jobs in the City that he could perform and he would not be eligible for a non -duty disability pension. In the case of a duty -related disability, there is a different standard that needs to be met. For a non -duty disability, he has to be disabled for any employment in the City. There are many jobs that people with knee problems can perform. Page 1291 a Regular Meeting December7,2011 Mr. Campau asked Chief Whitehead if he agreed with Mr. Biga's recommendation. Chief Whitehead said yes, this was an accurate account. Mr. Campau asked if Chief Whitehead agreed with the recommendation to deny the request. Chief Whitehead stated that based upon the fact that Mr. Clark was not coming back to work, the only positions available, are temporary restricted or light-duty positions. Other jobs within the Fire Department which are separate from fire suppression are within the Fire Prevention or Fire Training Divisions. The job skill sets are different and contractually, the training officer position needs to be tested for and is a promotion, and there is no opening for this position. The other positions would be in Fire Prevention, i.e., Fire Marshal or the Fire Inspector positions, which are also filled contractually, but again, there are no openings. Ms. Mahoney asked if Mr. Clark was thinking that if he could get a temporary leave of absence for a long enough period of time, a position might become available. Chief Whitehead stated that might be Mr. Clark's thinking, but the soonest that possibility would occur would be next November. Chief Whitehead stated he thought Mr. Clark's intent was to try to delay a decision. Mr. Clark was remiss in being forthcoming and in trying to help himself through this process. He also thought Mr. Clark may have thought he had to still be employed, even if he was on a leave of absence, in order to submit a request for a non -duty disability pension. Upon a motion by Mr. Tatigian, seconded by Mr. Campau and unanimously adopted, it was 11-125 RESOLVED, That having reviewed the letter of November 21, 2011, from Thomas J. Clark, Fire Engineer, as approved for submission by Shadd A. Whitehead, Fire Chief, requesting an unpaid personal leave of absence, and having discussion with Robert F. Biga, Human Resources Director, and Shadd A. Whitehead, Fire Chief, the Civil Service Commission does hereby deny the request for an unpaid personal leave of absence for Mr. Clark. Robert F. Biga, Human Resources Director, explained the request from Shadd A. Whitehead, Fire Chief, to extend vacation carry over for four (4) Fire employees was related in part, to Mr. Clark being off on a long-term disability, as well as other employees being off. These employees have not been able to use their accrued vacation time. He slated that the Chiefs request is a one-time request, to allow these employees to carry over their excess vacation time into next year. As a side note, Mr. Biga stated that as of January 1, 2012, the LPDA employees, 192 employees, 1917 employees and non -represented employees are going to change how they accrue vacation. Their upward limit for carryover is going to increase. If the Firefighters were in the same circumstances, there would be no need for this request. Mr. Biga anticipates with the new contract beginning December 1, 2012, this issue will be the same as the rest of the employees. Mr. Biga believed this issue will be resolved next year and the Chief has been able to add staff and the employees should be able to utilize their time off next year. Mr. Campau inquired if the employees were aware of the three (3) conditions outlined in the memorandum from Jan Patterson, Personnel Clerk, as follows: 1) The vacation banks must be down to normal restrictions by the end of 2012; 2) The waiver shall not increase the number of hours that would be paid out at retirement; and 3) The vacation carryover waiver is a one (1) time event. Chief Whitehead responded that the employees were aware. Mr. Biga advised that if their contract changes, then the conditions would change. Page 5 1291a Regular Meeting December 7, 2011 Upon a motion by Mr. Tatigian, seconded by Mr. Campau and unanimously adopted, it was 11-126 RESOLVED, That having reviewed the letter of November 26, 2011, from Shadd A. Whitehead, Fire Chief, requesting an extension of vacation carry over for James Montgomery, Fire Captain; John Orzech, Fire Lieutenant; Kevin Pilate, Fire Lieutenant; and John Unsworth, Fire Lieutenant, due to extenuating circumstances, and having discussion with Robert F. Biga, Human Resources Director, the Civil Service Commission does hereby approve the request for a one time extension of vacation carryover for James Montgomery, Fire Captain; John Orzech, Fire Lieutenant; Kevin Pilate, Fire Lieutenant; and John Unsworth, Fire Lieutenant, based on extenuating circumstances. Robert Biga, Human Resources Director, stated Nicole Hunter, Clerk I, submitted a letter dated November 21, 2011, requesting an extension of an unpaid medical leave of absence. He explained that Ms. Hunter has a medical condition that can be controlled by medication, but she refuses to take the medication. He staled that Ms. Hunters doctor will not return her to work because she cannot work safely without her taking her medication and has documented this in a report to the Civil Service Department. Mr. Biga stated this matter was reviewed with legal counsel, Gregg Schultz and his staff. We cannot compel Ms. Hunter to lake the medication, but we can require her to be safe in the workplace. Staff is recommending that the Commission deny her request for an extension of her unpaid leave of absence. Ms. Hunter will be allowed to return to work if she gets clearance from her doctor and the City doctor that she can return to work safely, otherwise her employment will be terminated. Ms. Mahoney inquired if Ms. Hunter was present at the meeting and Mr. Biga stated she was not. Upon a motion by Mr. Campau, seconded by Mr. Tatigian and unanimously adopted, it was 11-127 RESOLVED, That having reviewed the letter of November 21, 2011, from Nicole Hunter, Clerk I, noted by Kathleen Monroe, City Librarian, requesting an extension of an unpaid medical leave of absence, and having discussion with Robert F. Biga, Human Resources Director, the Civil Service Commission does hereby deny Ms. Hunter's request for an extension of an unpaid medical leave of absence. Upon a motion by Mr. Campau, seconded by Mr. Tatigian and unanimously adopted, it was 11-128 RESOLVED, That having reviewed the Departmental correspondence of November 22, 2011, from Timothy Holl, Sr. Fire Captain, 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 an extension of the three-year vacation day carry over limit in anticipation of retirement based on a revised retirement date of November 22, 2014, the Civil Service Commission does hereby approve this request; Page 1291 a Regular Meeting December 7, 2011 AND BE IT FURTHER RESOLVED, that the employee must reduce his vacation balance to fifteen (15) twenty-four (24) hour duty days, effective December 31, 2013, since his basic vacation credit on January 1, 2014, is thirteen (13) twenty-four (24) hour duty days, and the maximum number of days the employee can have in the vacation bank is twenty-eight (28) twenty-four (24) hour duty days; AND BE IT FURTHER RESOLVED, that the employee has been 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 fifty-six (56) sick leave hours annually, up to a maximum of three (3) days; AND BE IT FURTHER RESOLVED, that the employee has been notified 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. Upon a motion by Mr. Campau, seconded by Mr. Taligian and unanimously adopted, it was 11-129 RESOLVED, That having reviewed the Departmental Correspondence of November 22, 2011, from James Montgomery, Fire Captain, 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 an extension of the three-year vacation day carry over limit in anticipation of retirement based on a revised retirement date of November 22, 2014, the Civil Service Commission does hereby approve this request; AND BE IT FURTHER RESOLVED, that the employee must reduce his vacation balance to fifteen (15) twenty-four (24) hour duty days, effective December 31, 2013, since his basic vacation credit on January 1, 2014, is thirteen (13) twenty-four (24) hour duty days, and the maximum number of days the employee can have in the vacation bank is twenty-eight (28) twenty-four (24) hour duty days; AND BE IT FURTHER RESOLVED, that the employee has been 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 fifty-six (56) sick leave hours annually, up to a maximum of three (3) days; AND BE IT FURTHER RESOLVED, that the employee has been notified 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 7 1291a Regular Meeting December 7, 2011 Upon a motion by Mr. Taligian, seconded by Mr. Campau and unanimously adopted, it was 11-130 RESOLVED, That having reviewed the Departmental Correspondence of November 22, 2011, from Paul Wood, Senior Police Sergeant, as approved for submission by Curtis Caid, Deputy Police Chief, requesting an extension of the three year retirement limit for excess vacation accrual, the Civil Service Commission does hereby approve an extension of the three-year vacation day carry over limit in anticipation of retirement based on a revised retirement date of November 22, 2014, the Civil Service Commission does hereby approve this request; AND BE IT FURTHER RESOLVED, that the employee must reduce his vacation balance to thirty-two (32) days, effective December 31, 2012, since his basic vacation credit on January 1, 2014, is twenty-seven (27) working days, and the maximum number of days the employee can have in the vacation bank is 59; 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 three years of employment; AND BE IT FURTHER RESOLVED, that 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. Ron Campau announced that he was resigning his position as Civil Service Commissioner, effective at the end of this month. He also noted he was resigning from the Board of Trustees. Mr. Campau recommended that Ms. Mahoney succeed him as a member of the Board of Trustees, effective in January. Upon a motion by Mr. Campau, seconded by Mr. Tatigian and unanimously adopted, it was 11-131 RESOLVED, That as a result of the resignation of Ronald Campau, from the Civil Service Commission, the Civil Service Commission does hereby select Ms. Mahoney as Mr. Campau's successor to the Board of Trustees, to be effective January 1, 2012. Chairperson Mahoney stated the Civil Service Commission sincerely thanked Mr. Campau for his time and his effort. She stated Mr. Campau will be missed and the Commission appreciated the time, the effort and the knowledge that he brought to this Commission. She thanked Mr. Campau and stated there will be big shoes to fill. Ms. Mahoney stated they will look to Mayor Kirksey to provide them with someone who can duly represent the contracted side of the house. She believed that Mr. Campau looked at things with an open mind and he really knows the contract business and she learned a lot from Mr. Campau relative to labor contracts and their value and hopefully his replacement will be able to do the same. The Commission wished everyone Happy Holidays. Page 1291 a Regular Meeting December], 2D11 Upon a motion by Mr. Tatigian, seconded by Mr. Campau and unanimously adopted, it was RESOLVED, That the meeting be adjourned at 5:59 p.m. Gretchen Guisbert, Secretary III Charlotte S. Mahoney, Chairperson Harry C. Tatigian, Commissioner Ronald E. Campau, Commissioner