HomeMy WebLinkAbout1300th CSC Meeting (September 19, 2012)1300" REGULAR MEETING OF THE
CIVIL SERVICE COMMISSION
The 1300' Regular Meeting of the Civil Service Commission was held on Wednesday,
September 19, 2012. The meeting was called to order at 6:30 p.m.
Members Present: Harry C. Tatigian, Chairman
Brian Meakin
Charlotte S. Mahoney
Also Present:
Robert Jennison, Assistant Driver Robert F. Biga, Human Resources Director
Gretchen Guisbert, Secretary III
Upon a motion by Ms. Mahoney, seconded by Mr. Meakin and unanimously adopted, it was
12-94 RESOLVED, that the minutes of the 12W Regular Meeting held
Wednesday, August 22, 2012, be approved as submitted.
Upon a motion by Mr. Meakin, seconded by Ms. Mahoney and unanimously adopted, it was
12-95 RESOLVED, That having reviewed the Departmental
Correspondence of August 29, 2012, from Michael Kelly, Fire Lieutenant, as
approved for submission by Shadd A. Whitehead, Fire Chief, requesting additional
Family Illness leave, the Civil Service Commission does hereby affirm the
administrative approval of Mr. Kelly's request to charge an additional three (3)
twenty-four (24) hour days of family illness to his sick bank.
Upon a motion by Mr. Meakin, seconded by Ms. Mahoney and unanimously adapted, it was
12-96 RESOLVED, That having reviewed the letter of September 12, 2012,
from Linda Bieszczad, Clerk -Typist II, as approved for submission by Curtis Caid,
Police Chief, requesting an extension of an unpaid medical leave of absence, the
Civil Service Commission does hereby affirm the administrative approval of an
unpaid medical leave of absence for Ms. Bieszczad not to exceed ninety (90) days,
for the period August 13, 2012 through November 10, 2012.
The Commission received and filed the fallowing:
a. Status of Temporary Employees Report for August 2012.
b. Non -Resident Report as of September 1, 2012.
C. Current Open -Competitive and Promotional Eligible Lists as of September 1,
2012.
d. Affirmative Action Report for August 2012.
e. Removal of names from active eligible list report for the month of August
2012.
Paget 1300"' Regular Meeting September 19, 2012
f. Expiring eligible lists for the month of October 2012 — Police Officer (934
o.c.).
Robert Biga, Human Resources Director, explained that Curtis Caid replaced Police Chief
Robert Stevenson when he left in October 2011, but was not officially appointed Police Chief
until January 2012. He stated the paperwork was never processed that would have appointed
him in October. We are recommending two things; one is to make the probationary step
increase effective October 4, 2012 and the second is to advance Chief Caid to the maximum
step. He further stated that the Commission has done this in the past.
Mr. Meakin asked if it was normal to go back to the day the employee assumed additional
duties even though he was only the acting Chief. Mr. Biga replied that in other City
departments, when someone assumes extra duties, the effective date is the day they assume
the job functions. City labor contracts go back to the first hour of assignment, so yes, it is
normal.
Upon a motion by Mr. Meakin, seconded by Ms. Mahoney and unanimously adopted, it was
12-97 RESOLVED, That having reviewed the letter of September 7, 2012,
from Jack E. Kirksey, Mayor, requesting a step increase for Curtis Caid, Police
Chief, and having discussion with Robert F. Biga, Human Resources Director,
the Civil Service Commission does hereby approve Chief Caid's date of
appointment as October 4, 2011 and does hereby advance Chief Caid to step 5
upon satisfactory completion of his probationary period effective October 4, 2012.
Robert Jennison, Firefighter, introduced himself and slated he has been employed with the
City of Livonia for 14 years. For the last 22 years in his career he has been preparing to be a
Training Officer. He explained that he was a Training Officer at another fire department. He
slated he held all the certifications that are required to be the Training Officer prior to applying
for the job. He stated he was lacking only one thing; the Bachelor's Degree, which would give
him an additional four points to put him in the running with the rest of the people laking the
examination. Mr. Jennison stated due to the timing of the submission of the application, his
Bachelor's Degree was not complete. He indicated he would be finished with his Bachelor's
Degree on October 19. After speaking with the Personnel Analyst and reviewing the
application process, the announcement provides that the additional points for a Bachelor's
Degree and for time in service aren't figured in the score until after the written test and the
Assessment Center are passed. Then the additional points are added in. By that time, Mr.
Jennison states he will complete the requirements for his Bachelors Degree. He was
requesting a waiver of the requirement to have the degree by the date of application.
Mr. Jennison stated that in the past, the City has required applicants applying to be Firefighters
to have degrees in hand or have Paramedic licenses in hand at the time of application. With
the most recent announcement for Firefighter, that requirement changed to the Paramedic
license being accepted at the time of appointment. Mr. Jennison stated he equated his
situation to that. He stated he would be glad to answer any questions the Commission might
have.
Page 3 1300"' Regular Meeting September 19, 2012
Mr. Meakin asked if Mr. Jennison was enrolled in his last Gass. Mr. Jennison said, yes, he had
completed ten of eleven classes and he had his transcript, although unofficial, that shows he
has a 4.0 grade point average. Mr. Jennison stated the City is big on education. The City has
been supporting education for a long time, even to the point of going to arbitration over having
education as a prerequisite for their promotional system. Mr. Jennison just wanted to be able
to use the degree that the City paid for to give him his best shot as being the best candidate for
the position.
Ms. Mahoney asked if there were other candidates that qualify or that would take the test.
Mr. Biga replied, yes. The examination process begins with the application. The application
cutoff date is September 14, 2012. All transcripts and diplomas are to be submitted with the
application. Therefore, an applicant must have received his diploma by September 14, 2012.
Mr. Jennison will not complete his degree requirements until October 19. The issue is, do we
waive this requirement that the Commission has had for the last two examinations? Mr. Biga
stated he recognized the fact that the City is paying for Mr. Jennison's education. This is the
only competitive promotional examination we are conducting in the Fire service right now. All
the other promotions in the Fire service are based on seniority. In the Police Department, the
cutoff date is the closing date for applications. To open this up, the Commission may face
adverse reaction from other applicants. Based on previous experience, when exceptions are
made to qualifications, there can be problems. Mr. Jennison is asking to waive the
requirements and if this is changed to allow the transcripts and diploma after the closing date,
that could cause some difficulty with other candidates who may be adversely affected.
Mr. Meakin asked what kind of difficulty. Mr. Biga stated an employee who already met the
degree requirement and is going to be participating in the examination might, in the total
examination score, be passed up by Mr. Jennison should he be given the 4 point credit after
passing all parts of the test. The examination is comprised of written test and an Assessment
Center evaluation.
Mr. Meakin also stated the Training Coordinator position doesn't come up very often. Mr. Biga
advised this is the third time we have conducted an examination. Fire Chief Shadd A.
Whitehead was a Training Coordinator. Tom Kiurski is the current Training Coordinator. Mr.
Meakin stated Mr. Kiurski has just put in for retirement.
Ms. Mahoney asked Mr. Jennison if he submitted an application. Mr. Jennison said he had.
Ms. Mahoney asked when Mr. Jennison submitted his application if he told the Civil Service
Department that he would have his diploma at a certain date. Mr. Jennison stated he
submitted the official transcript from Siena Heights, along with a letter from his advisor stating
he had completed all of the degree requirements for graduation. Ms. Mahoney asked if he still
had an exam or two prior to finishing that class and Mr. Jennison answered yes. Mr. Jennison
explained that if his track record continued, he would graduate with a 4.0 grade point average.
Ms. Mahoney stated it will be about 30 days from the closing date of the official application
period to when Mr. Jennison will have completed his final class. Ms. Mahoney inquired if there
were other individuals in the City who would, within the next 30 to 60 days, be in the same
situation where they could have applied for this Training Coordinator examination? She asked
if this would open up a can of worms. Mr. Biga said the can of worms is that employees, who
have met the requirement as of the closing date of the announcement, may have an issue if
Mr. Jennison is permitted to receive the four (4) points for holding a Bachelor's degree when
Page 1300"' Regular Meeting September 19, 2012
he did not have it at the time of application. Mr. Biga stated Mr. Jennison is still in the
examination, but is requesting four additional points for having the Bachelor's degree at the
time of application. The four points could result in him being within certifiable range. Ms.
Mahoney asked if Mr. Jennison could get in the lop three without those four points and Mr.
Biga said yes, he could, but if history is any indication, scores on this examination are usually
very close. Mr. Biga stated he could argue both sides of this case, because by the time the
second part of the examination is completed, Mr. Jennison will probably have completed his
coursework. Mr. Biga stated Mr. Jennison still has to take the written test. If he doesn't pass
the written test, then it will be a moot issue. If Mr. Jennison does pass the written test, then he
still has to pass the Assessment Center. If he doesn't pass the Assessment Center, it's a moot
issue. If he passes the Assessment Center and there is a clustering of scores, giving him the
four additional points could move him from out of contention into contention. There will
probably be a grievance submitted from another employee that the Commission would have to
address.
Ms. Mahoney asked if the timing issue had ever occurred before. Mr. Biga said not to where
the issue has had to come before the Civil Service Commission. There have been applicants
for an open competitive examination who didn't meet the requirements. They are disqualified
because they don't meet the educational requirements, whether they have been within a
month of the closing date or a day within the closing date. There have been circumstances
where applicants didn't meet the announced requirements because of the examination closing
date. Had the closing date been moved back, then a candidate may very well have been
qualified.
Ms. Mahoney asked if the requirement to have the diploma or official transcript submitted with
the application always applied for the Training Coordinator. Mr. Biga staled yes. Mr. Jennison
stated this is the third time, and there have only been two exams prior to this in nine years.
Mr. Meakin asked if this was a non-union position. Mr. Biga stated this was a union position,
within the Livonia Fire Fighters Union.
Mr. Jennison thanked the Commission for their consideration.
Mr. Tatigian stated he did not like the idea of the Civil Service Commission changing
qualifications that were established by the Civil Service Department staff.
Upon a motion by Mr. Meakin, seconded by Ms. Mahoney and unanimously adopted, it was
12-98 RESOLVED, That having reviewed a letter of September 6, 2012,
from Robert Jennison, Assistant Driver, as noted for submission by Shadd A.
Whitehead, Fire Chief, and having discussion with Robert F. Biga, Human
Resources Director, and Robert Jennison, Assistant Driver, the Civil Service
Commission does hereby approve allowing Robert Jennison to submit his official
diploma and transcript after the closing date listed on the announcement for
Training Coordinator (Fire) (1338 p.), with this being a one-time approval based
on the special circumstances involved;
AND BE IT FURTHER RESOLVED, it is with the understanding this is non -
precedent setting.
Page 5 1399u Regular Meeting September 19, 2012
Robert Biga read highlights of the tentative agreement that was reached between the City of
Livonia and the Livonia Fire Fighters Union:
A three-year agreement effective December 1, 2012 through November 30,
2015.
A wage freeze for the life of the Agreement.
All firefighters hired on or after December 1, 2012 will have a second tier of
wages. There will be two different tiers.
Modifications of the health insurance plan are identical plans as other City
employees. This is the first time in many years that all of the City of Livonia
employees will have the same medical provisions. There will be deductibles and
copayments in our base plan. The deductible will be $250. Presently it is $100
for an individual. For a two-person/family it will go from $200 to $500. There is
co-insurance. Once you meet the deductible, then eligible benefits are paid at
80%, the employee pays 20% up until the employee pays $1,000 out of pocket
expense in the co -pays. Maximum out of pocket expense will be the sum of the
co -pay and the deductible. So for an individual it is $1,000 plus the $250 or
$1,250 maximum out of pocket expense; for a family, $2,000 plus the $500 or
$2,500. Office visit co -pays will be $20 and those co -pays do not count towards
co-insurance. Emergency room charge is $100. If you are admitted to the
hospital, that charge is waived. If you are not admitted, then you must pay the
$100. This will act as a deterrent to going to ER unless it is for a true
emergency. Typically the charge is around $1,000 for the ER. The co -pays for
prescriptions are $10 for a generic prescription; $25 for a brand name formulary;
and $50 for a non formulary.
Mr. Biga explained that these are very modest changes, but for our employees these are
significant changes. Part of the reason for the change is Public Act 152 which sets a
maximum cap that the City can pay towards health care. This base plan gets the premium
very close to that maximum requirement permitted by law. Actually, it is very close for an
individual but for other than one person it will cost about $100 a month for the base plan.
There is a "premium" plan where there is no co-insurance and no deductible, but you pay
more in premiums. If you sit down with paper and pencil and figure out if you use every single
benefit to the maximum, it is still cheaper to go to the base plan over the premium plan. The
difference is you might have to come up with the money up front in the base plan. In the
"premium" plan you will pay that in a monthly premium. That is from about $140 a month to
$440 a month for the premium plan. Mr. Biga stated he doesn't counsel employees, he just
gives them the numbers and he is amazed at how many people are still going into the
premium plan. From a financial perspective, it doesn't make sense.
If someone elects to go in the alternative (premium) plan, they will pay the
difference between the alternative and the base plan. That will be about a $300
a month difference. The maximum out of pocket cost per family is $2,500. If
you multiply $300 a month limes twelve that is $3,600. So buying up to the
premium plan that doesn't have co -pays and deductibles costs you more.
However you can pay the monthly co -pays by payroll deduction in pre -lax dollars
and save some money.
Page 6 1300u Regular Meeting September 19, 2012
0 Retiree health insurance is gone for future Firefighters. The Firefighters will
have the same retiree health plan as general employees and police officers.
The new Firefighters will go into a retiree health savings plan. The City will
contribute and the employee will contribute. There is one difference in this plan.
When other employees leave the City and they get a sick leave payout for
accumulated sick leave, their payout will go into the retiree health savings plan.
The Firefighters didn't want that provision. Our plan can be set up so that it
doesn't. So they will be able to get the payout in their pocket. That is the major
difference between the two plans.
0 Vacation and sick leave accumulation has changed. Fifty-six (56) hour per week
Firefighters had a disproportionate amount of sick leave accrual compared to a
40 -hour employee. Our 40 -hour employees were accruing eight (8) hours a
month; the Firefighters were getting eighteen (18) hours a month. If you figure it
out on a proportionate basis it should have been about ten and one-quarter
(10.25) hours and we got them down to about eleven (11).
0 There is a whole new sick leave payout plan for the Firefighters, which gives
incentive to employees not to use sick leave.
0 There is a new vacation accrual which will be on a monthly basis. For years, we
have always had carryover requests. We no longer do that. Whatever the
maximum cap is for retirement is the maximum cap on an annual basis. When
employees get to the cap they must use vacation or lose it.
0 The minimum call in for overtime was four (4) hours pay plus time a one-half for
all hours worked. The new plan is a minimum of three (3) hours pay or time and
one-half for all hours worked, whichever is greater, just like other City
employees.
0 Educational benefits were capped like it is with Livonia Police Officers
Association (LPDA).
0 There was an increase in the optical reimbursement to $150 for two years.
0 Dental reimbursements went from $700 to $800 per year. Those were the two
economic improvements.
If the Commission approves the agreement, it will go to City Council. This is the first time
we have gone through the contract, and revised contract language before submitting to
City Council for concurrence. Mr. Tatigian stated this is the first time we have had a
contract where we are not going retroactive. Mr. Biga said yes, this is the first time we
have had a contract before the expiration of the old contract.
Mr. Biga explained that Public Act 54 has a non -retroactive provision stating there is no
retroactivity to pay increases and no retroactivity to any economic increase and a freezing
of pay steps. As Mr. Tatigian pointed out, our history is that we have had years and years
Page 7 1300u Regular Meeting September 19, 2012
before you get a contract and then you go retroactive to day one. That doesn't happen
anymore with Public Act 54. Firefighters came in early April. This tentative agreement has
one issue that is not resolved that is going to arbitration, just like we had with the Livonia
Lieutenants and Sergeants Association (LLSA). The Firefighter arbitration is scheduled for
November 8, 2012. There is no way the issue will be resolved before that date. It involves
how much the Firefighters pay in monthly copayment in retirement for health care.
Mr. Biga stated that Last Best Offers have to be presented on the first day of the hearing.
After hearings and testimony, there might be modifications to the Last Best Offers.
Upon a motion by Mr. Meakin, seconded by Ms. Mahoney and unanimously adopted, it was
12-99 RESOLVED, That having reviewed the tentative agreement
negotiated between the City of Livonia and the Livonia Fire Fighters Union, to be
ratified by the LFFU on September 26, 2012, for the period December 1, 2012
through November 30, 2015, the Civil Service Commission does hereby approve
the tentative agreement and submits same to the City Council for its review and
approval.
Mr. Biga stated the LFFU has not voted on the tentative agreement yet. They will vote on
Monday, September 26, 2012. If they do not accept, the Civil Service Commission resolution
will be repealed. If it is voted through it will go to City Council that evening.
Mr. Biga stated the Civil Service Department received a letter from Curtis Caid, Police Chief,
requesting to hire a temporary Program Supervisor at step 3. Mr. Biga explained that the
Police Department is attempting to add more civilian positions. They are figuring out what
jobs have been done by Police that can be done by civilians. They want to bring Mr. Donnelly
who retired, back on a temporary basis.
Ms. Mahoney asked if the individual would come back full time. Mr. Biga advised he would be
back full-time and he would not be receiving any benefits, just wages. Mr. Biga stated the pay
rate was already established, but the recommendation is to hire him at a step 3.
Mr. Meakin asked why he was being paid at step 3. Mr. Biga stated it is because of his
extensive experience in law enforcement. Mr. Mahoney stated he worked for 25 years with
the City. Mr. Biga stated the Civil Service staff was recommending the wage.
Upon a motion by Mr. Meakin, seconded by Ms. Mahoney and unanimously adopted, it was
12-100 RESOLVED, That having reviewed the letter of September 17,
2012, from Curtis Caid, Police Chief, regarding the rate of pay on employment for
a new Program Supervisor, and having discussion with Robert F. Biga, Human
Resources Director, the Civil Service Commission does hereby approve hiring a
temporary Program Supervisor at step 3.
Page B 1300u Regular Meeting September 19, 2012
Upon a motion by Ms. Mahoney, seconded by Mr. Meakin and unanimously adopted, it was
RESOLVED, that the meeting be adjourned at 7:10 p.m.
Gretchen Guisbert, Secretary III
Harry C. Tatigian, Chairman
Brian Meakin, Commissioner
Charlotte S. Mahoney, Commissioner