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HomeMy WebLinkAbout1293rd CSC Meeting (February 15, 2012)1293`d REGULAR MEETING OF THE CIVIL SERVICE COMMISSION The 1293`d Regular Meeting of the Civil Service Commission was held on Wednesday, February 15, 2012. The meeting was called to order at 5:39 p.m. Members Present: Also Present: Patrick Moug, President, Livonia Lieutenants and Sergeants Association Benjamin McDermott, Deputy Police Chief Jeffrey Teeter, Former Police Sergeant Sandy Teeter, Spouse of Jeffrey Teeter Charlotte S. Mahoney, Chairperson Harry C. Tatigian Brian Meakin Shelby Teeter, Daughter of Jeffrey Teeter Robert F. Biga, Human Resources Director Gretchen Guisbert, Secretary III Derrick L. Washington, Personnel Analyst II Upon a motion by Mr. Tatigian, seconded by Mr. Meakin and unanimously adopted, it was 12-15 RESOLVED, that the minutes of the 1292"d Regular Meeting held Wednesday, January 18, 2012, be approved as submitted. Upon a motion by Mr. Tatigian, seconded by Mr. Meakin and unanimously adopted, it was 12-16 RESOLVED, That the Civil Service Commission does hereby confine the administrative approval of the eligible list for Secretary II (1330-a p.). Upon a motion by Mr. Tatigian, seconded by Mr. Meakin and unanimously adopted, it was 12-17 RESOLVED, That the Civil Service Commission does hereby confine the administrative approval of the eligible list for Recreation Supervisor — Senior Citizen's Program (938 o.c.). Upon a motion by Mr. Tatigian, seconded by Mr. Meakin and unanimously adopted, it was 12-18 RESOLVED, That the Civil Service Commission does hereby confirm the administrative approval of the eligible list for Police Dispatcher (935 o.c.). The Commission received and fled the following: a. Status of Temporary Employees Report for January 2012. b. Non -Resident Report as of February 1, 2012. C. Current Open -Competitive and Promotional Eligible Lists as of February 1, 2012. d. Affirmative Action Report for January 2012. Paget 1293rd Regular Meeting February 15, 2012 e. Removal of names from active eligible list report for the month of January 2012. f. Council Resolutions from the meeting of January 11, 2012 with minutes to be approved January 25, 2012: #07-12 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated January 4, 2012, submitted pursuant to Council Resolution 498-05, the Council does hereby designate Brandon M. Kritzman as the City's delegate to the Southeast Michigan Council of Governments and does hereby designate Thomas A. Robinson as the City's alternate on a continuing basis, or until further order of this Council by Council Resolution. #08-12 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated January 4, 2012, submitted pursuant to Council Resolution 498-05, the Council does hereby designate Thomas A. Robinson to serve as the Council representative on the Board of Directors of the Livonia Anniversary Committee (SPREE) on a continuing basis, or until further order of the Council by Council Resolution. #09-12 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated January 4, 2012, submitted pursuant to Council Resolution 498-05, with regard to the Annual Meeting of the Michigan Municipal Risk Management Authority, the Council does hereby determine to designate the Director of Finance, Michael T. Slater, as the official representative and voting representative of the City of Livonia and does further designate John R. Pastor as the alternate on a continuing basis, or until further order of this Council by Council Resolution. #10-12 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated January 4, 2012, submitted pursuant to Council Resolution 498-05, with regard to the Retirement Board of Trustees, the Council does hereby determine to designate Joe Laura as the official representative and voting representative of the Board of Trustees of the Livonia Employees Retirement System on a continuing basis, or until further order of this Council by Council Resolution. #11-12 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated January 4, 2012, submitted pursuant to Council Resolution 498-05, the Council does hereby determine to designate James C. McCann to serve on the Hearts of Livonia Board on a continuing basis, or until further order of this Council by Council Resolution. g. Expiring eligible lists for the month of March 2012 — None. Upon a motion by Mr. Tatigian, seconded by Mr. Meakin and unanimously adopted, it was 12-19 RESOLVED, That having reviewed the Departmental Correspondence of January 12, 2012, from James Brophy, Fire Captain, as approved for submission by Shadd A. Whitehead, Fire Chief, requesting an Page 1293rd Regular Meeting February 15, 2012 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 January 12, 2015, 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, 2014, since his basic vacation credit on January 1, 2015, 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. Taligian, seconded by Mr. Meakin and unanimously adopted, it was 12-20 RESOLVED, That having reviewed the Departmental Correspondence of January 12, 2012, from Daniel Lee, Senior Fire Inspector, 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 January 12, 2015, 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, 2014, since his basic vacation credit on January 1, 2015, 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 1293rd Regular Meeting February 15, 2012 12-21 RESOLVED, That having reviewed the Departmental Correspondence of January 12, 2012, from John Smilnak, Senior Fire Inspector, 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 January 12, 2015, 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, 2014, since his basic vacation credit on January 1, 2015, 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. Agenda item #6, regarding a letter dated February 2, 2012, from Pam Elliott, Police Dispatcher applicant, to Charlotte Mahoney, Chairperson, Civil Service Commission, and memorandum of February 8, 2012, from Derrick L. Washington to the Civil Service Commission, regarding the performance test for Police Dispatcher (935 o.c.) was withdrawn at the request of Ms. Elliott. Therefore, no further action is needed. Upon a motion by Mr. Tatigian, seconded by Mr. Meakin and unanimously adopted, it was 12-22 RESOLVED, That having reviewed the letter of February 2, 2012, from Susan Anderson, Program Supervisor, as approved for submission by Linda McCann, Director of Community Resources, requesting a waiver of the residency requirement, the Civil Service Commission does hereby grant a request for a waiver of the residency requirement for Ms. Anderson until further notice. Robert Biga, Human Resources Director, indicated the qualifications are the same for the request for an open -competitive examination for Police Officer, but there is a modification to the parts of examination and weights. The proposed parts of examination and weights have been modified to include a Chiefs Interview Panel, which requires a waiver of Civil Service Commission Rule 11. (b), which indicates that the interviewers not be regular employees of the City. Mr. Biga stated we would use Police employees to conduct these interviews and this would be on a trial basis to see if this would expedite the process. Pages 1293rd Regular Meeting February 15, 2012 Upon a motion by Mr. Taligian, seconded by Mr. Meakin and unanimously adopted, it was 12-23 RESOLVED, That having reviewed the letter of February 10, 2012, from Curtis Caid, Police Chief, and the memorandum of February 13, 2012, from Derrick L. Washington, Personnel Analyst II, to Robert F. Biga, Human Resources Director, requesting an open -competitive examination for Police Officer and proposed qualifications and parts of examination and weights, the Civil Service Commission does hereby approve the following qualifications and modification to the parts of examination and weights, with the understanding that this modification is for one time only: QUALIFICATIONS By the closing date of the announcement, an applicant must: 1. Be a citizen of the United States or resident alien with the right to work in the United States. 2. Be at least 21 years of age. 3. Have been awarded an Associate Degree in Law Enforcement or Police Administration or a Bachelor Degree in any non -Criminal Justice discipline. 4. Possess normal hearing, normal color vision, and normal visual functions and acuity in accordance with the Civil Service Commission approved visual acuity standard as attached. 5. Be one of the following: a. A Certified Michigan Police Officer; OR b. Certifiable as a Police Officer in the Stale of Michigan, subject to verification or re -verification by a Michigan Commission on Law Enforcement Standards (MCOLES) approved training academy; OR C. Currently enrolled in an MCOLES approved training academy and certifiable by date of hire. 6. Be free from any physical defects, chronic diseases, organic diseases, organic or functional conditions, or mental and emotional instabilities which may tend to impair the efficient performance of duties or which might endanger the lives of others or the individual employee; and have received an MCOLES physical fitness certificate within twelve (12) months from the closing date of the announcement; and meet all other physical requirements as determined by the Civil Service Commission and a physician appointed by the City. 7. Possess and maintain a valid motor vehicle operator's or chauffeur's license and have an acceptable driving record. Page 1293rd Regular Meeting February 15, 2012 NOTE: Candidates are required to submit original degrees/transcripts and MCOLES Certification at the time of interview. An employee in this classification performs general law enforcement duties in the Police Division of the Department of Public Safety. This employee enforces traffic laws, issues tickets, appears in court, responds to vehicle accidents, apprehends persons who violate City ordinances or State statutes, responds to complaints from citizens, assists persons seeking aid, and performs related duties as assigned. PARTS OF EXAMINATION AND WEIGHTS Written Test -50% Chiefs Interview Panel -50k' Psychological Evaluation — Pass/Fail Background Investigation — Pass/Fail 'NOTE: A minimum of 30 candidates with the highest passing scores on the written test will be invited to continue to the interview portion of the examination process. The results at each step in the application process will determine eligibility for continuation to subsequent steps. The process will include application review, written examination, oral board interview, personal history questionnaire, background investigation, and a psychological evaluation. Applicants must pass each part of the examination process in order to be placed on the eligibility list. The Commission received and fled the Health Insurance Rates for March 1, 2012 through February 28, 2013. Upon a motion by Mr. Tatigian, seconded by Mr. Meakin and unanimously adopted, it was 12-24 RESOLVED, that having reviewed the letter of February 9, 2012, from Curtis Caid, Police Chief, and memorandum of February 15, 2012, from Derrick L. Washington, Personnel Analyst II, requesting a promotional examination for Police Officer and proposed qualifications and parts of examination and weights, the Civil Service Commission does hereby approve the following qualifications and parts of examination and weights: QUALIFICATIONS This examination is open only to employees of the City of Livonia, who by the closing date of the announcement: Are employed in the classification of Police Service Aide; and Are at least twenty-one (21) years of age; and Have been awarded an Associate's Degree in Law Enforcement or Police Administration or a Bachelors Degree in any non Criminal Justice Pagel 1293rd Regular Meeting February 15, 2012 discipline or upon graduation from an MCOLES approved training academy will be awarded an Associate's Degree in Law Enforcement; and 4. Possess and maintain a valid vehicle operator's license and have an acceptable driving record; and 5. Are one of the following: (a) A certified Michigan Police Officer or recertifiable at time of appointment; or (b) Certifiable as a Police Officer in the Stale of Michigan, subject to verification by the Michigan Commission On Law Enforcement Standards (MCOLES); or (c) Currently enrolled in an MCOLES approved training academy and certifiable by the promotion date; and 6. Able to pass a physical examination by the City Physician to determine that they are free from any physical defects, chronic diseases, organic diseases, organic or functional conditions, or mental and emotional instabilities which may tend to impair the efficient performance of duties or which might endanger the lives of others or the individual employee; and 7. Have passed an MCOLES physical fitness test within twelve (12) months of dale of promotion; and 8. Have met all other standards as required by MCOLES RULES 28.14203 through 28.14207 of The Policies And Procedures Manual of the Michigan Commission On Law Enforcement Standards (Rev. 2009) for certification as a Police Officer. At time of certification to department for hiring consideration, candidate must: 1. Have at least six (6) months service as a Police Service Aide with the City of Livonia; and 2. Have satisfactory performance reviews. PARTS OF EXAMINATION AND WEIGHTS Departmental Rating -60% Oral Interview -40%' In the event the number of qualified applicants is the same or less than the number of vacancies, the Parts of Examination and Weights will adjust to 100% Departmental Rating. Candidates must pass the Departmental Rating and Oral Interview' in order to be placed on the eligible list. Candidates on the eligible list must take and pass the Michigan Commission On Law Enforcement Standards (MCOLES) Physical Skills and the Physician's Medical examination to qualify for the Police Academy, within 180 days prior to the start of the Academy and possess a valid reading/writing test. Page 8 1293rd Regular Meeting February 15, 2012 Patrick Moug, President, Livonia Lieutenants and Sergeants Association, presented a grievance dated January 12, 2012, from Jeffrey Teeter, former Police Sergeant, regarding sick time payout. Sgt. Moug explained that Sgt. Teeter retired last month. He was hired in 1977. He left in 1987 for a two-year period and came back to work for the City of Livonia on May 8, 1989. Afterward, he was given a new adjusted hire date of 1979. Sgt. Moug stated that Mr. Teeter alleged that when he prepared to retire, he spoke with the Civil Service Department about his payout and was informed that he would be under the auspices of being hired in 1979 including his sick time payout. Sgt. Moug stated that Sgt. Teeter based his retirement on this information and his plans were made. Sgt. Moug stated that Sgt. Teeter wasn't told until the day before his retirement that he was not going to be allowed to receive the sick time payout, as if he was hired in 1979. Sgt. Teeter stated in 1995 he sent a letter to the Personnel Director, Edith Davis, requesting a clarification of his retirement service credit and benefits. Ms. Davis informed him that his adjusted continuous service date and retirement service credit date were both April 17, 1979. According to Mr. Teeter, Ms. Davis also said that the City would advise their actuary and accounting to permit an adjustment of the records as necessary. Sgt. Moug stated there was never a mention that the sick time payout was different, other than the fact that he was rehired in 1989. Jeff Teeter was present at the meeting and staled he was told that in the yearly benefit audits that are done for Civil Service Department he was always listed in the old plan as well. Sgt. Teeter stated he found out about this at 3:00 p.m. the day before he was to receive his retirement badge. He also stated he if found out after he retired he wouldn't have the Union to represent him, he would have had to hire an attorney. Mr. Teeter provided the Commission members with a copy of the letter he sent to Ms. Davis and her response. The Commission reviewed the letter from the Retirement Board. Robert F. Biga, Human Resources Director, also reviewed a copy of the letter from the Retirement Board. He stated there was nothing wrong with that letter. It references only his retirement service credit and his retirement benefits. Mr. Biga advised that Mr. Teeter's original date of hire was May 23, 1977. Mr. Teeter terminated his employment on June 5, 1987 and became a deferred retiree. Mr. Teeter was rehired on May 8, 1989. Mr. Teeter received an adjusted continuous service date of April 17, 1979. Mr. Biga explained that the way an adjusted continuous service date works is when an employee has a break in service and is subsequently reinstated, the employee does not get any service credit for the period of time he was gone. The continuous service date is adjusted to reflect the elimination of the period of time an employee didn't work. That is how the adjusted continuous service date of April 17, 1979 was created. There is also an adjusted service dale for retirement purposes. This is a calculation date that makes it easier to determine service credit instead of having a calculation that requires someone to use the new hire date and then add prior service credit. It is easierjust to have an adjusted date which can be used for calculation purposes. When Mr. Teeter terminated his employment in 1987, he received a payout of his sick leave credit of 958 hours at 60% of his pay in accordance with the Livonia Police Officers Association contract. Mr. Biga explained that Mr. Teeter was a Police Officer at the time he Page 9 1293rd Regular Meeting February 15, 2012 left employment in 1987. He left on a deferred retirement. When he was rehired in 1989, he had no sick leave and he was treated in accordance with Civil Service Department Rule 16.6, which provides in pertinent part, as follows: "An employee who is reinstated shall be considered as a new employee for the Purpose of determining vacation, sick leave, and personal business and shall have a probationary period appropriate to the classification as provided for in an original appointment" (Emphasis supplied) Mr. Biga stated Rule 16 further goes on to say: "In the case for credits for sick leave, these shall apply and accrue from the date of reinstatement with no credit given for prior service based on the original continuous service date" (Emphasis supplied) Mr. Biga explained that Mr. Teeter accumulated vacation and sick leave credits as a new employee, effective when he was reinstated. The current contracts between the City of Livonia and the Livonia Police Officers Association, as well as the Livonia Police Lieutenants and Sergeants Association say that a new hire after December 1, 1983, may accumulate a maximum of 107 days of sick leave to be paid off at 60%. Mr. Teeter was rehired as of 1989. Therefore, this provision applies. He was property paid off for his accumulated sick leave. He was paid out 60% of his pay rate for 856 hours, (107 eight (8) hour days). The adjusted continuous service date is not used to calculate sick leave. The Civil Service Commission Rules are very explicit. A returning employee is treated as a new hire for sick leave and vacation credits. The adjusted continuous service date is used to determine pension service credits. After you have been back to work for one year, the adjusted continuous service date is used to accumulate additional vacation credits based on total City service and longevity payments. Mr. Biga stated Mr. Teeter was treated accordingly and he received everything he was entitled to receive. He added that Mr. Teeter was entitled to being paid for up to 270 days as Mr. Teeter has indicated at the time he terminated in 1986. Mr. Biga slated the key is the date of Mr. Teeter's rehire, which is May 8, 1989, and is after December 1, 1983. Mr. Biga referenced the attachments to the Commission's information. One is a letter that Mr. Teeter signed indicating his date of hire is May 8, 1989. His original date of hire was May 23, 1977 and he terminated employment on June 12, 1987 on a deferred retirement. Mr. Teeter received an adjusted continuous service date of April 17, 1979. This is a calculated date which is used for pension purposes, and additional vacation and longevity payments based on total City service. It is not used to adjust any sick leave credits. Mr. Biga referenced the LPDA contract from December 1, 1985 to November 30, 1988, which was in effect when Mr. Teeter originally retired. That contract provides, "Employees hired by the City prior to December 1, 1983, may accumulate sick leave up to a maximum of 270 days for payout purposes. Employees hired by the City on or after December 1, 1983, may accumulate sick leave to a maximum of 100 days for payout purposes. Employees will be reimbursed sixty percent (60%) of their pay rate at the time of such payments." Mr. Biga reiterated Mr. Teeter received payment in accordance with that contract provision when he first retired. Page 10 1293rd Regular Meeting February 15, 2012 Mr. Biga referenced another attachment (attachment 3), which was a letter dated June 15, 1987, signed by then Police Chief William Crayk, that shows Mr. Teeter was paid for 958 hours of sick time at 60%. Mr. Eiger referenced Attachment 4, which is a calculation from the payroll department that shows Mr. Teeter was paid for 958 hours of sick time at 60% of his pay rate. Attachment 5 is an excerpt of Rule 16.6 from the Civil Service Commission Rules and Regulations regarding Reinstatement, which has the provisions that Mr. Biga stated he quoted earlier. Mr. Biga stated Attachment 6 is an excerpt from the December 1, 2003 to November 30, 2006, Livonia Police Lieutenants and Sergeants Association, and that indicates the same provisions as the LPDA contract, which is, (1) Employees hired by the City prior to December 1, 1983, may accumulate sick leave to a maximum of 289 days for payout purposes. Employees hired by the City on or after December 1, 1983, may accumulate sick leave to a maximum of 107 days for payout purposes. Employees will be reimbursed sixty percent (60%) of their pay rate at the time of such payments." Mr. Biga referenced Attachment 7, which is Mr. Teeter's payout showing that he was paid out far the 856 hours of sick time at 60% of his pay rate. Ms. Mahoney confirmed that was why Mr. Teeter was paid out up to 107 days, not a higher amount. Mr. Biga stated the date of hire is the key and the Civil Service Commission Rules are very explicit, it says, "date of hire" and "no sick leave credits given for prior service based on the original continuous service date" Pat Moug, referenced the letter Mr. Teeter sent to Edith Davis and in the letter, Mr. Teeter's question is specifically about eligibility and benefits. Mr. Moug stated that sick time is a benefit and if Ms. Davis was under the same opinion as Mr. Biga, it should have been addressed then. Sgt. Moug stated there are days as a Police Officer where you are sick and you rightfully could call in sick but because of this benefit you are promised, you work through that sickness. Ms. Mahoney stated that people that are sick don't always make good decisions. Sgt. Moug disagreed and stated when staffing is at a minimum on a Friday, Saturday and Sunday, the Police Officers suck it up and come in. As the LLSA Union President, if the Commission wanted him to tell his members never to do that again, he would, but you don't want to do this. Ms. Mahoney stated she wasn't telling him to do that, but she did think that when individuals are suffering from fevers and headaches and so on, there was a decision they have to make. Page 11 1293rd Regular Meeting February 15, 2012 Sgt. Moug stated the reason they make that decision is because there is something promised to them when they retire and he believed the letter from Edith Davis confirmed that. Mr. Teeter stated that when he went to the Civil Service Department in the fall to inquire which plan he was under, he was told he was in the old plan. Mr. Tatigian confirmed that Mr. Teeter worked prior to December 1, 1983, and then he left the City in 1987 and came back in 1989. Mr. Tatigian stated Mr. Teeter was paid out for his sick time when he left in 1987. Mr. Biga stated Mr. Teeter received 60% of 107 days. Ms. Mahoney reiterated that Mr. Teeter was paid for the maximum of 107 days when he left employment. Mr. Tatigian asked Mr. Teeter how many hours he was asking for now and Mr. Teeter replied he was asking for 264 days. Sgt. Moug clarified that Mr. Teeter is asking for 289 sick days to be paid out, but the amount would be minus what he was paid out; or approximately 169 days. Mr. Biga stated Mr. Teeter was paid out for everything he was entitled to. He is not entitled to any additional days. Mr. Tatigian confirmed that under the Civil Service Commission Rules, Mr. Biga was correct. Sandy Teeter introduced herself as Jeff Teeters wife, and also as an employee in the IT Department. She stated she has been employed with the City for about 22 years. Ms. Teeter slated ever since she has been here there have been reports requested by the auditors and they are based on the active employee's sick leave payout. She stated that Linda Sparkman Grimsby was the original creator of these reports on the 400 computer. She further stated that Jeff Teeter has always been under the old plan. Ms. Grimsby was the accountant in charge of payroll at the time and she was also in charge of the Data Processing department. Ms. Teeter continued, stating that when Ms. Grimsby was here the sick time reports were based on seniority date, not hire date. So if that is the case based on what is being stated, for the 22 years she has been here, these reports are wrong. Mr. Biga agreed with that. Mr. Biga stated the Civil Service Commission Rules have been in effect since 1962. Mr. Teeter asked how Mr. Biga accounted for the fact that when he went to the Civil Service Department to determine what contract he was under, he alleged he was told he was in the old plan. Mr. Biga staled he did not know why, but he would find out. Mr. Tatigian stated Mr. Biga knows the Civil Service Commission Rules and he wanted to see a compromise in this situation. Mr. Tatigian stated Mr. Teeter was only gone for 2 years. Mr. Teeter confirmed he was gone for 23 months. Ms. Mahoney stated before compromises are made, the Civil Service Commission Rules that have been in effect need to be applied. Further, the letter Mr. Teeter is citing did not come from the Civil Service Department, rather the letter came from the Retirement System. The Retirement system does not pay out sick time; the City of Livonia pays out the sick time. So any benefits Mr. Teeter referred to under the Retirement system, come from the Retirement Board, not the City of Livonia. Sick time is based on the Civil Service Commission Rules and the contract that Mr. Teeter happened to be under. Page 12 1293rd Regular Meeting February 15, 2012 Mr. Teeter inquired if people specifically asked the questions that he did. Ms. Mahoney responded that people ask many questions. Mr. Teeter indicated that Mr. Biga was the Co - Chair of the Retirement Board when the letter was written. Mr. Teeter stated said he specifically went in the fall when he was trying to select his retirement date and asked the Civil Service Department. Sgt. Moug stated in the letter Mr. Teeter provided to Edith Davis, it was addressed to her as Personnel Director; he did not send the letter to the Retirement Board. Ms. Mahoney understood that, but the subject Mr. Teeter was asking about in the letter was regarding his retirement benefits, not the City benefits. Sgt. Moug did not agree with Ms. Mahoney. Sgt. Moug stated Mr. Teeter was asking about his pension eligibility and benefit amount. Sgt. Moug explained that when you retire at the Livonia Police Department, sick time is a benefit and Sgt. Moug stated that is specifically what Mr. Teeter was asking for. Sgt. Moug asked about the Civil Service Commission Rules. He stated the current Rules and Regulations were not in effect in 1982, because when he looked at them, they speak about Defined Contribution, when people are reinstated. Sgt. Moug stated they didn't have Defined Contribution in 1982. Mr. Biga stated the current Rules refer to Defined Contribution, but Mr. Biga stated he said the provisions that were in effect in 1982 with respect to reinstatement are the same. Mr. Biga responded that the letter that was sent out by Edith Davis as Personnel Director on Board of Trustees stationery and was completely correct regarding Mr. Teeter's retirement benefits. Mr. Biga noted that the Personnel Director is the Secretary to the Retirement Board. That is the only thing being addressed in the letter. Mr. Teeter received the proper retirement benefit. Mr. Biga stated that Mr. Teeter converted from the Defined Benefit plan to the Defined Contribution plan at his own request around 1998. Mr. Teeter received full credit for his prior service that he had as a Police Officer. Mr. Biga reiterated that Mr. Teeter received everything he was entitled to that the Retirement Board has jurisdiction over. Mr. Biga emphasized that the Civil Service Commission Rules are very explicit. They provide that as a reinstated employee, you are treated as a new employee for sick leave. Mr. Teeter was treated as a new employee for sick leave. The contract says if you are hired after December 1, 1983, you have certain benefits. That was Mr. Teeters case. The issue that Mr. Teeter is referring to deals with an adjusted continuous service date, which, as he indicated, was for calculation purposes for Mr. Teeter's pension service credit, which Mr. Teeter received; his longevity payments, which Mr. Teeter received; and his additional vacation credits, which Mr. Teeter received. Mr. Biga stated Mr. Teeter got everything he was entitled to and the only question that Mr. Teeter had, was should the same apply to the sick leave. The Civil Service Commission Rules are very explicit. They say you are treated as a new hire. Mr. Tatigian stated he could see how Mr. Teeter could have concluded the same applied to sick leave payout. Mr. Biga restated the Davis letter addresses retirement benefits only. Mr. Tatigian stated the facts and the law was on Mr. Biga's side, but Mr. Tatigian thought Mr. Teeter was entitled to something because he came back within two years. Ms. Mahoney stated if he hadn't been gone, this issue would not exist. Mr. Biga stated at the time of conversion from the Defined Benefit plan to the Defined Contribution plan, all Mr. Teeters prior service as a Police Officer was credited for retirement payout as a Police Sergeant. He was given full benefit for retirement service credits that were used by the outside actuaries to determine the value of his retirement benefit at the time he transferred to the Defined Contribution plan. That is all Ms. Davis' letter is referring to. Mr. Page 13 1293rd Regular Meeting Febmary 15, 2012 Teeter received everything he was entitled to. Mr. Biga wanted to separate the two issues. This issue deals with sick leave only. Further, the Commission's Rules are very explicit. Ms. Teeter stated she knew Mr. Biga was reiterating the Rules and he is saying them very clearly, but unfortunately, she thought that when Jeff was getting ready to retire and asking Edith Davis at the time what he was entitled to, perhaps he didn't have the language to be specifically clear. Ms. Teeter thought that based on what Jeff asked, and what was received and then going back to the Civil Service Department and getting incorrect answers, and going to the Payroll department and getting incorrect answers, all they were asking for is what is fair. Ms. Teeter stated she and Mr. Teeter could say yes, Mr. Biga is 100% coned. In the meantime, what was he to do? He was expecting a higher sick leave payout. He based his retirement on a higher figure and on everything he thought he did correctly. He allegedly received the same answers regarding his sick leave payout with the exception of the day he was retiring, suddenly everything just changed. Mr. Teeter stated the Police Department already had promotions planned, schedules were already made out. For him to not leave would have been an inconvenience to the Department and he stated he has always been a fairly loyal employee. Ms. Teeter stated they were just asking for what is fair. She indicated the Commission could say these are the Rules and we're sticking by the Rules. If that's your decision, that's fine. Mr. Teeter stated he tried to clear this matter up with his letter. Maybe the semantics weren't to your liking, but he tried to ask when he went to the Department in the fall and was told he was under the old plan as well. All the reports, the yearly audit reports for retirement benefits, he was in the old plan, and so they are contrary to the Rules. Mr. Biga said he thought they were consistent with the Rule. He agreed with everything Mr. Teeter said regarding retirement. Mr. Biga stated Mr. Teeter received retirement service credit, all the benefits for longevity and vacation. Mr. Teeter received longevity payments and additional vacation credits based on length of service earlier than what it would have been had he been treated as a new employee, starting in 1989. The only thing that Mr. Teeter is slating he missed out on is the sick leave. The sick leave provision is very clear in the Rules. Reinstated employees are treated as a new hire. He didn't know why people may have said something different. Maybe they had misunderstood the provision. He didn't know. Maybe they didn't know the Rules as well as he does. Mr. Teeter stated so when employees have a question for Civil Service Department they can't ask anybody but Mr. Biga then? Mr. Biga stated that wasn't a fair question to ask. Sgt. Moug stated he thought it was a fair question because he was told by someone and now they have to come to you directly. Sgt. Moug stated the combination of the letter from Edith Davis and what he was told, that has to mean something, especially to an employee that was loyal for 31 years. Mr. Teeter inquired in 1995, who had Mr. Biga's job, wasn't it Edith Davis? Mr. Biga replied he thought that was correct, Ms. Davis' response to his letter refers to pension. Sgt. Moug stated he would submit that if this issue was so obvious, she would have addressed it then. Mr. Biga stated no and Sgt. Moug disagreed with Mr. Biga. Mr. Biga believed that in reading the letter that Mr. Teeter sent, it refers to pension and pension only. Sgt. Moug stated "and benefit" and he believed the sick time payout is a benefit. Page 14 1293rd Regular Meeting February 15, 2012 Ms. Mahoney stated that the letter states "pension eligibility and benefit amount" It is unfortunate that the question regarding sick leave benefits wasn't asked specifically. She understood Sgt. Moug's concern. Mr. Teeter has modified his request to be paid for 62 additional sick leave days. She feels it is unfortunate that Mr. Teeter doesn't feel he was communicated with correctly. She believed that every individual in the world can sometimes make a mistake. If you don't have something in writing, that person could say they didn't tell you that. All we have in writing is this information regarding pension service credits and benefits. The Civil Service Commission Rules are pretty clear in her mind. Mr. Tatigian agreed that the Civil Service Commission Rules are clear but he thought there were extenuating circumstances in this situation. Mr. Tatigian stated that the Civil Service Commission Rules can be waived in whole or in part when the facts and circumstances indicate they should. Mr. Tatigian didn't say the Rules should be totally waived, but believed Mr. Teeter wouldn't be here if he didn't feel strongly about the issue. Ms. Mahoney countered that everyone who comes before the Commission feels strongly about their issue. Mr. Meakin asked where a current document is showing Mr. Teeter's current breakdown. Mr. Teeter advised he was in the new plan, the Defined Contribution plan. So instead of retiring after 25 years he has been here 32 years and 9 months. Mr. Teeter stated had he stayed in the Defined Benefit plan he would have been gone almost 8 years ago. Mr. Meakin inquired if employees don't file to the Civil Service Department to get what their payout will be? Mr. Teeter replied he just asked but there was nothing written down. Mr. Biga stated Mr. Teeter could have stayed in the Defined Benefits plan, but he chose not to. Ms. Mahoney advised this issue is not about the Defined Benefit plan or the Defined Contribution plan. Mr. Teeter agreed this issue was not about the Defined Benefit plan or the Defined Contribution plan; but had he stayed in the Defined Benefit plan, then he would have gone to Civil Service Department because he would have been rolled into the pension, but since he's in the new plan, it is separate. Mr. Biga advised the sick leave payout doesn't get rolled into the pension. Mr. Teeter stated to answer Mr. Meakin's question, he didn't have to go to the Civil Service Department, because he is in the new plan; instead he went to his financial advisor. Upon a motion by Mr. Tatigian RESOLVED, that having reviewed the Livonia Lieutenants and Sergeants Association Grievance, dated January 12, 2012, from Jeff Teeter, former Police Sergeant, regarding sick time payout, and having discussion with Patrick Moug, President, LLSA; Jeff Teeter, former Police Sergeant; Sandy Teeter, spouse of Jeff Teeter; and Robert Biga, Human Resources Director, the Civil Service Commission does hereby grant thirty (30) days of sick leave payout for Mr. Teeter based on extenuating circumstances and it is understood this matter is not precedent setting. The motion died for lack of support. Page 15 1293rd Regular Meeting February 15, 2012 Upon a motion by Mr. Meakin, seconded by Mr. Tatigian and unanimously adopted, it was 12-25 RESOLVED, that having reviewed the Livonia Lieutenants and Sergeants Association Grievance, dated January 12, 2012, from Jeff Teeter, former Police Sergeant, regarding sick time payout, and having discussion with Patrick Moug, President, LLSA; Jeff Teeter, former Police Sergeant; Sandy Teeter, spouse of Jeff Teeter; and Robert Biga, Human Resources Director, the Civil Service Commission does hereby deny the request for additional sick time payout for Jeffrey Teeter. Ms. Teeter wanted to say that Jeff has worked for the City of Livonia for almost 33 years. She has worked here for 22 years. Jeffs dad worked here; her sister was a Council person for a while. Jeffs uncle worked here and she thought the way this matter was handled was very poor. Jeff has worked for the City of Livonia a long time and he was excited about retirement and he found out the last day that he worked that suddenly his sick leave payout was getting cut, and everything he was told suddenly changed. Ms. Teeter said Jeff never got a call and no consideration and all she wanted to say is shame on you. That is just common courtesy. Upon a motion by Mr. Tatigian, seconded by Mr. Meakin and unanimously adopted, it was RESOLVED, That the meeting be adjourned at 6:04 p.m. Gretchen Guisbert, Secretary III Charlotte S. Mahoney, Chairperson Harry C. Tatigian, Commissioner Brian Meakin, Commissioner