HomeMy WebLinkAbout1307th CSC Meeting (April 17, 2013)13W REGULAR MEETING OF THE
CIVIL SERVICE COMMISSION
The 1307' Regular Meeting of the Civil Service Commission was held on Wednesday,
April 17, 2013. The meeting was called to order at 4:32 p.m.
Members Present:
Also Present:
Robert Domenzain, President, LLFU
Kevin Maillard, Director of Public Works
Brian Wilson, Superintendent of Public Service
Ken Grzembski, President, AFSCME Union
Local 192
Shadd Whitehead, Fire Chief
Richard Frizzell, Firefighter
Michael Persha, Firefighter
Ken M. Widmer, Chief Roads Steward
James Sturgill, Roads Foreman
Brian Buda, Equipment Operator II
Thomas Stadler, Sewer Maintenance Worker II
Andrew Toth, Custodian
William Kuchera, Equipment Operator II
Harry C. Tatigian, Chairman
Brian Meakin
Charlotte S. Mahoney
Jeremy Schaeffer, Equipment Operator II
Roy Harris, Equipment Operator III
Jason Ryan, Custodian
Audrey Young, Equipment Operator II
Todd Zilincik, P.E., City Engineer
Lindsay Szwejkowski, Equipment Operator II
Timothy Fairgrieve, Equipment Operator II
Dennis Pluff, Equipment Operator III
Darrell Shewcraft, Equipment Operator II
Alex Bishop, Director of Inspection
Robert F. Biga, Human Resources Director
Jan Patterson, Personnel Clerk
Vickie Wuerth, Personnel Clerk
Upon a motion by Ms. Mahoney, seconded by Mr. Meakin and unanimously adopted, it was
13-36 RESOLVED, that the Minutes of the 1306th Regular Meeting held
Wednesday, March 13, 2013, be approved as submitted.
Upon a motion by Ms. Mahoney, seconded by Mr. Meakin and unanimously adopted, it was
13-37 RESOLVED, That having reviewed the memorandum of March 13,
2013, from Derrick L. Washington, Personnel Analyst 11, to Robert F. Biga,
Human Resources Director, regarding the passing point for the written test for
Police Officer (958 o.c.), the Civil Service Commission does hereby affirm the
administrative approval of the passing point of 70% out of a maximum raw score
of 100 in the written test, or a raw score of 70.
Upon a motion by Ms. Mahoney, seconded by Mr. Meakin and unanimously adopted, it was
13-38 RESOLVED, That having reviewed the memorandum of March 21,
2013, from Robert Martin, Personnel Analyst I, to Robert F. Biga, Human
Resources Director, regarding the passing point for the written and performance
lest for Teller 1 (961 o.c.), the Civil Service Commission does hereby affirm the
administrative approval of the passing point of 22 or 63% out of a maximum raw
score of 35 in the excel performance test, approval of the passing point of 29 or
Page 2 1307" Regular Meeting Aptll 17, 2013
70% out of a maximum raw score of 42 in the bank teller written test, and
approval of the passing point of 86 or 50.58% out of a maximum raw score of
170 in the combined SET written lest.
Upon a motion by Ms. Mahoney, seconded by Mr. Meakin and unanimously adopted, it was
13-39 RESOLVED, That having reviewed the memorandum of April 15,
2013, from Derrick L. Washington, Personnel Analyst 11, to Robert F. Biga,
Human Resources Director, regarding the passing point for the written test for
Police Service Aide (964 o.c.), the Civil Service Commission does hereby affirm
the administrative approval of the passing point of 70% out of a maximum raw
score of 100 in the written test, or a raw score of 70.
Upon a motion by Ms. Mahoney, seconded by Mr. Meakin and unanimously adopted, it was
13-40 RESOLVED, That having reviewed the memorandum of April 2,
2013, from Derrick L. Washington, Personnel Analyst 11, to Robert F. Biga,
Human Resources Director, regarding the passing point for the written test for
Firefighter (960 o.c.), the Civil Service Commission does hereby affirm the
administrative approval of the passing point of 70% out of a maximum raw score
of 100 in the written lest, or a raw score of 70.
Upon a motion by Ms. Mahoney, seconded by Mr. Meakin and unanimously adopted, it was
13-41 RESOLVED, that the Civil Service Commission does hereby affirm
the administrative approval of the eligible list for Police Sergeant (1341 p.).
Upon a motion by Ms. Mahoney, seconded by Mr. Meakin and unanimously adopted, it was
13-42 RESOLVED, that the Civil Service Commission does hereby affirm
the administrative approval of the eligible list for Senior Fire Equipment Mechanic
(1345 p.).
Upon a motion by Ms. Mahoney, seconded by Mr. Meakin and unanimously adopted, it was
13-43 RESOLVED, that the Civil Service Commission does hereby affirm
the administrative approval of the eligible list for Water Meter Repairer II
(956 o.c.).
Upon a motion by Ms. Mahoney, seconded by Mr. Meakin and unanimously adopted, it was
13-44 RESOLVED, that the Civil Service Commission does hereby affirm
the administrative approval of the eligible list for Police Officer (958 o.c.).
Upon a motion by Ms. Mahoney, seconded by Mr. Meakin and unanimously adopted, it was
13-45 RESOLVED, that the Civil Service Commission does hereby affirm
the administrative approval of the eligible list for Teller 1 (961 o.c.).
Page 1307" Regular Meeting Apnll7,2D13
Upon a motion by Ms. Mahoney, seconded by Mr. Meakin and unanimously adopted, it was
13-46 RESOLVED, that the Civil Service Commission does hereby affirm
the administrative approval of the eligible list for Firefighter (960 o.c.).
Upon a motion by Ms. Mahoney, seconded by Mr. Meakin and unanimously adopted, it was
13-47 RESOLVED, that the Civil Service Commission does hereby affirm
the administrative approval of the eligible list for Police Officer (1332 p.).
The Commission received and fled the following:
a.
Status of Temporary Employees Report for March 2013.
b.
Non -Resident Report as of April 1, 2013.
C.
Current Open -Competitive and Promotional Eligible Lists as of April
1,
2013.
d.
Affirmative Action Report for March 2013.
e.
Removal of names from active eligible list report for the month of March
2013.
f.
Expiring eligible lists for the month of May 2013 — Firefighter (940 o.c.).
g.
Approval of the Request to Exceed the Maximum Vacation Accrual
for
Michael Reilly, Sr. Police Officer, in Anticipation of Retirement.
h.
Approval of the Request to Exceed the Maximum Vacation Accrual
for
David Parrinello, Sr. Police Officer, in Anticipation of Retirement.
Shadd Whitehead, Fire Chief, was present to discuss the step increase for Michael Persha,
Firefighter. Chief Whitehead stated we are fortunate to hire some really good people whose
experience, at times, well exceeds the minimum qualifications. Ms. Mahoney inquired if
everything was in order with this request. Robert F. Biga, Human Resources Director,
confirmed everything was in order.
Upon a motion by Ms. Mahoney, seconded by Mr. Meakin and unanimously adopted, it was
13-46 RESOLVED, That having reviewed the letter of March 5, 2013,
from Shadd Whitehead, Fire Chief, requesting a step increase for Michael
Persha, Firefighter, and having discussion with Robert F. Biga, Human
Resources Director, the Civil Service Commission does hereby approve a step
increase for Michael Persha, Firefighter.
Mr. Tatigian stated Robert Biga, Human Resources Director, was recommending denial of the
request for a step increase for Richard Frizzell, Firefighter. Mr. Biga advised that based on the
information provided, Mr. Frizzell does not have the required 2912 hours, he has 2576.53
hours.
Shadd Whitehead, Fire Chief, advised that this individual has played different job roles, not as
an actual medic, but as a licensed provider. In the past we looked at the job qualifications for
us as being medics, previously EMTs, now paramedics, for a higher level of care. But whether
it is an EMT, medic and even a previous firefighter, it all contributes to their ability and skills in
Page 4 1307" Regular Meeting Apnl 17, 2013
what they bring to us as a veteran in terms of care. He understood the qualifications of 2,912
hours and that Mr. Frizzel is somewhat short, but coupled with some other previous
experience, maybe in a lower classification, he feels this individual has been an asset to this
organization over the last year. As the department head, I need to support this individual
since the job he has been doing for us has been outstanding.
Mr. Meakin requested Robert Domenzain, President, LFFU, to come forward. Mr. Meakin
advised Mr. Domenzain that the last time the Commission had a similar request, the Union
fled a grievance because the Commission permitted an exception to a requirement.
Mr. Meakin asked whether the Union has any conditions or concerns about this request.
Mr. Domenzain confirmed that the Union did not have any concerns. Mr. Meakin asked if the
Commission approved the request whether we would get a grievance the following week.
Mr. Domenzain replied, no.
Mr. Meakin advised he was going to offer a resolution. Mr. Tatigian asked if that resolution
was supported. Ms. Mahoney asked if it was regarding Mr. Biga's decision. Mr. Tatigian
slated it was for the step increase. Ms. Mahoney said before she supported this she wanted
to know if this was for this instance only because of the Chiefs comments about his behavior
and experience, and whether the new number is now going to be 2500 hours. Ms. Mahoney
stated if the motion is to approve, because of the related experience as explained by the
Chief, she would support it.
Mr. Biga advised the Commission that once they make an exception, the Commission can say
anything it wants as far as it being in a specific situation only, and that it is not precedent
setting, but once an exception is made, you have no control over this. Mr. Biga reminded the
Commission that two meetings ago the Commission denied a request from the Police
department for a situation where someone had extensive experience and that he would hope
that the Commission considers not starting exceptions anywhere else.
Mr. Meakin stated he appreciates the Director's concern, but that each case is heard on an
individual basis and did not think the two cases are related.
Mr. Biga stated that he could go back even further where the firefighters presented a
grievance to arbitration on this matter, and the arbitrator upheld the position of the required
number of hours the Commission has. Mr. Biga stated that he would not want to start any kind
of a change, and that it is also easier to say we are following our standard. Mr. Biga said he
knows the Commission from time to time makes exceptions, but once exceptions to
requirements are started there is really no stopping.
Mr. Domenzain stated he believes Mr. Frizzel has the number of experienced hours and that it
exceeds the 2912 hours. Mr. Biga disagreed with Mr. Domenzain. Ms. Mahoney advised he
had 2576.53 hours. Mr. Tatigian said he was a little over 300 hours short.
Mr. Domenzain asked Mr. Frizzel if he had other related experience. Mr. Frizzel stated that he
thought he was over the number of hours, so he didn't get the experience from Concord where
he worked. Chief Whitehead stated there were multiple experiences. Mr. Domenzain said it
was not presented. Mr. Biga advised if Mr. Frizzel provides that documentation for the next
meeting that he would reconsider.
Pages 1307" Regular Meeting Apn117, 2013
Mr. Tatigian asked if there were any objections if we put this over to the next meeting. Chief
Whitehead said he did not have an objection. Ms. Mahoney stated as long as they bring
additional information so we can make a sounder decision. Ms. Mahoney withdrew her
support based on additional information that can help make a better decision. Mr. Tatigian
said that by the direction of the Chair we will put this on the next meeting, and hopefully they
will have a happy result at that point.
Kevin Maillard, Director of Public Works, was present to discuss the request for the Civil
Engineer II open competitive examination. Mr. Maillard stated the Assistant City Engineer
position was eliminated from the budget this year. In response to that he put an Engineer II in
the budget for Engineering. He is requesting an open competitive examination with seven
years' experience and a P.E. for this position. There are quite a few engineers in the job
market right now looking for work and the City should be able to get a lot of good candidates
for the position. The City is looking for a person to be hired and be up and running with very
little training.
Todd Zilincik, P.E., City Engineer said that assistance would be helpful in the department. He
advised that he has a lot of people with over twenty five (25) years of experience, and (2) two
people that can walk out the door within the next three (3) years. He also stated that he only
has one P.E. other than himself and the Director of Public Works.
Mr. Meakin asked why they needed another P.E. when they already have three (3).
Mr. Zilincik advised he only had one (1) P.E. other than himself and this employee could
possibly retire within three (3) years. Mr. Zilincik advised that he is asking for somebody to be
a P.E. for the Civil Engineer II position. He said that most of our employees have over twenty
five (25) years of experience. Mr. Zilincik said he had thirteen (13) people when he started
and is now down to nine (9). He advised that he is looking for assistance to help in the
operational needs of the department and in the succession plan of the department. Mr. Zilincik
asked the Commission for their support.
Upon a motion by Mr. Meakin, seconded by Ms. Mahoney and unanimously adopted, it was
13-49 RESOLVED, having reviewed the memorandum of April 4, 2013,
from Kevin L. Maillard, P.E., Director of Public Works and Todd Zilincik, P.E.,
City Engineer, requesting an open -competitive examination for Civil Engineer II
and proposed qualifications and parts of examination and weights, the Civil
Service Commission does hereby approve the following qualifications and parts
of examination and weights:
QUALIFICATIONS
By the closing date of the announcement, applicants must:
1. Be a citizen of the United States, or a resident alien with the right to work in
the United States; and
2. Have graduated from an accredited college or university with a Bachelors
Degree or higher in Civil Engineering or Construction Engineering; and
3. Possess a valid State of Michigan Engineer License; and
Page 130]]" Regular Meeting Apn117, 2013
4. Have at least three (3) years of full -lime work experience as a Civil Engineer
while in possession of a Slate of Michigan Professional Engineer License;
and
5. Possess a valid Slate of Michigan Driver's License and an acceptable driving
record.
NOTE: Candidates are required to submit an ORIGINAL DEGREE OR OFFICIAL
TRANSCRIPTS and Professional Engineers License at the time of Interview.
PARTS OF EXAMINATION AND WEIGHTS
Interview -100%
Background Investigation — Pass/Fail
Brian Wilson, Superintendent of Public Service, advised that the department is
requesting the examination for Water Meter Repairer I be open competitive. Mr. Wilson
advised that they just went through a promotional examination in house for this position.
Mr. Wilson stated that five individuals were placed on the eligible list. Mr. Wilson said
one failed probation, number 2, 3 and 4 declined a position and number 5 is currently on
probation in the position and is still trying to learn the work.
Mr. Wilson stated that positions in the meter section perform work for residents with
water meter repair needs, routine meter reading, final readings and meter change outs.
Mr. Wilson advised that with the cutbacks in recent years the Department is now down to
four (4) Water Meter Repairer I positions. Two of which are mostly dedicated to meter
reading, the other two positions — one has a learner employee in it and the other has just
become vacant due to an employee's resignation.
Mr. Wilson explained that residents need to make appointments for services and due to
lack of trained personnel the department is not serving the public adequately. Mr. Wilson
said that appointments are being delayed to unacceptable levels. Mr. Wilson further
staled that in order to meet the public's needs and expectations we need someone at this
point who can go right into the position and have the ability to perform immediately.
Mr. Wilson said that the Union representatives are going to speak to this request,
regarding their concerns of this examination not being done in house, even though the
City just went through an in-house examination process for the position. Mr. Wilson
stated it is within the departments' prerogative to go open competitive. Mr. Wilson further
stated that if they repeated a promotional examination over again there is no way of
knowing or being assured that someone may take the position this time. Mr. Wilson said
someone might make the eligible list that didn't pass previously, or someone might sign
up this time that previously didn't, but there was no way of knowing any of these things.
Mr. Wilson advised that approximately four (4) years ago we had a similar situation
where we had two (2) openings for Water Meter Repairer II and needed to bring in some
immediate expertise from the outside. Mr. Wilson advised that at the Commission
meeting four (4) years ago, because they had one (1) Water Meter Repairer I in house
that was expressing an interest in the position, the Commission determined to run
Page] 1307" Regular Meeting April 17, 2013
simultaneous exams, one open competitive and one promotional to fill those two (2)
openings. Mr. Wilson suggested if it is deemed feasible by the Civil Service department
that we run concurrent examinations for the one (1) position.
Mr. Wilson said that the eligible list from the open competitive examination would be
used to fill the current opening and the next opening would be filled from the promotional
examination eligible list. Mr. Wilson said this will accomplish a couple of things. It will
provide a promotional opportunity for a current employee and we will have more time to
work with a learning curve. Mr. Wilson said if we go through the promotional examination
process again, the same situation could happen where we run right through the eligible
list. Mr. Wilson said that we have a backup eligible list from the open competitive exam
to go to if we failed to get anyone from a promotional eligible list.
Mr. Grzembski, AFSCME Local 192 President, stated that the Union has an objection to
this. Mr. Grzembski said that in the past this has been filled on a promotional basis.
There are many people who do a good job and that it is a pretty quick job to learn.
Mr. Grzembski said it takes someone with a mechanical ability. Mr. Grzembski said he
believed that the person who is being replaced was actually one of our female employees
who came from a Clerk position. Mr. Grzembski said normally he believes you get
people from the custodial department who go from part time to full time and look forward
to these opportunities. He said they have performed well over the years, they look
forward to this, have a good mechanical aptitude and catch on very fast.
Mr. Grzembski said he didn't know if the Commissioners had a copy of the previous test
that was announced June 15, 2012, but it is a lot different than the qualifications being
asked for in the open competitive test. Mr. Grzembski said the Department is asking for
two years' experience in this field. He continued to say that even with that experience, if
it was open competitive, there is a Teaming curve there too because they have to learn
our system. Mr. Grzembski said someone doesn't walk in and is able to adapt and do it at
full speed.
Mr. Grzembski reiterated that this position has always been filled from within and they
would like to keep it that way. He also stated the Union is against the Department
changing the qualifications. Mr. Grzembski explained that by changing qualifications the
people that would have been able to take the test will not be able to take it again. He said
he was not sure how many people took the test last time, but thought it was close to ten.
He said Mr. Biga would know better on that. Mr. Grzembski stated there were some
failures. Mr. Biga stated yes, on the written test. Mr. Grzembski said there were some
people that declined, a person failed probation and that the Union didn't give the
department a hard time, the Union let it slide. Mr. Grzembski stated that they would like
to keep it the same as last time. He said there are employees who have expressed an
interest, even people who failed it before.
Mr. Grzembski said this Union has been suffering lately and the people really would
appreciate the opportunity. Mr. Grzembski reiterated that one of the last Water Meter
Repairer I employees was a female that came from a Clerk II position. Mr. Grzembski
said the employee working there now was promoted from custodian. The Union has had
one of its members who was cut to part time and ended up quitting.
Page 1307" Regular Meeting April 17, 2013
Mr. Grzembski further stated that they have had a staff reduction approximately two (2)
years ago and a position was cut in the water and sewer department. He further stated
that earlier this year, it was real close to one person being laid off which would have been
an Equipment Operator II. Mr. Grzembski staled that this person expressed an interest
in laking the test and the job. Mr. Grzembski said times have changed and that he did
not believe this person took the test last time.
Mr. Grzembski stated that in our contract it makes mention that the City will try to fill
positions on a promotional basis. Mr. Tatigian replied that is a City Charter provision.
Mr. Grzembski agreed and said that the Union feels these are qualified individuals that
served well, take pride in their work, look forward to promotions, and will get on the
ground and be running fast.
Mr. Grzembski said he wished it would go back to the old way, but if the Commission
chooses to take Mr. Wilson's option, the Union would appreciate if first hired from the
promotional list, if both tests are given.
Mr. Grzembski stated that there is one individual, Darryl, whose job was eliminated in the
water department, and that he would be very interested in the job. He also said there
was another individual, Andy Toth, who has been in a temporary upgrade position for
over a year. Mr. Grzembski advised the Mr. Toth works for the sewer department, but
works in the water department. Mr. Grzembski said Mr. Toth failed the test, but would
love the opportunity to take it again. Mr. Grzembski said there are other people
interested and would be a good employee.
Mr. Tatigian asked Mr. Wilson what was wrong with the suggestion of having both lists
and hiring from the promotional list first. Mr. Tatigian said, it is in the City Charter, and
that is what we are supposed to do. Mr. Wilson advised the Department takes in excess
of three (3) weeks to schedule an appointment for this kind of work, and is looking for
someone who has the experience right away.
Mr. Wilson reiterated that we just went through a promotional exam, and it is not as if he
is coming to the Commission and saying the Department wants to go open competitive.
Mr. Tatigian advised that they are not going to be able to hire anyone now, they will have
to go through the process. Mr. Wilson stated in any event, in any process, we would
have to go through an examination. Mr. Tatigian said we can go through both
examinations, open competitive and promotional, and hire first as suggested from the
promotional list. Mr. Tatigian further stated if that does not satisfy the Department's
needs, then hire from the open competitive list. Mr. Wilson reiterated that they had
already gone through the promotional process which took many months and they need
someone with experience right away. Mr. Wilson stated we are offering a happy medium
here. Mr. Tatigian asked Mr. Wilson what makes him think they are going to find
someone like that. Mr. Wilson said because there are a lot of neighboring DPWs who
had staff reductions, so there are certainly qualified people that have installed meters.
Ms. Mahoney asked how many openings there were now. Mr. Wilson said there is one
(1) due to a resignation last week. Ms. Mahoney clarified that there is one (1) opening
and one (1) person on probation. Ms. Mahoney asked if the position that is going to be
filled is the one that is open. Mr. Wilson said yes. Ms. Mahoney said if the probationary
Page 1307" Regular Meeting Apnll7,2013
person makes it, the employee will maintain the position, and then there will be no more
hiring's. Mr. Wilson said yes, at this time. Ms. Mahoney inquired whether anyone from
within would have the experience. Mr. Wilson stated they would not have the experience
that someone with two (2) years' experience would have, as they are asking for in the
open competitive exam.
Mr. Grzembski said he suggested to Mr. Wilson that they fill the position on a temporary
basis. He asked for it to be posted, and was sure someone would sign up for it. Right
now it is being posted where you have to have status. The suggestion is to fill it as a
temporary promotion with a 192 member until the test takes place.
Mr. Grzembski said that Mr. Wilson should be proud of himself because he started out as
a DPW worker and through the promotional opportunities he has risen to the very top.
Mr. Grzembski said that he believes the promotional opportunities had a lot to do with it,
and he would like the same opportunities for 192 members.
Ms. Mahoney inquired as to why the Union thinks that if there were five on the list one (1)
failed probation, three (3) declined, and one (1) was on probation, what would make
them now any more interested than two weeks ago when they declined. Mr. Grzembski
said there were interested ones that failed.
Mr. Grzembski said that he believed one of them passed the test previously, and the last
one posted in June of last year was still working in a temporary position, but that the
temporary upgrade could return to part-time custodian at any time. Mr. Grzembski said
this individual is very interested. The other thing that came up is there are more
individuals interested because there was talk of a layoff. It was almost going to be a
certainty at the beginning of the year then things changed, positions were juggled, and he
doesn't know if it is still a certainty or if it is just a postponement now. Mr. Grzembski
said that there are a lot more interested people that are in positions with lower seniority,
even regular positions, that are interested now that would not have been before.
Mr. Grzembski said that currently our layoff language reads if someone was laid off,
correct me if I am wrong Mr. Biga, if they are able to meet qualifications of another
classification if they were laid off, they could bump into that classification. Mr. Biga said
the contract language changed, employees have to have status. Mr. Grzembski said "or
meets the minimum qualifications" and approved by the Civil Service Commission to take
that job. Mr. Grzembski said potentially if someone was laid off in the roads sections
where they would have a possibility to bump into this job, by changing the qualifications,
they would not be able to do that. Mr. Grzembski said we honor seniority here and give it
a great deal of credibility.
Ms. Mahoney asked why there was no bold in the qualifications. Mr. Biga said this is the
first time this has ever been announced as an open competitive, and this is all new so the
whole thing could be bolded. Mr. Wilson said understand Commissioners running this
examination concurrent employees would not fail to meet the qualifications, they could
sign up for the promotional exam for Water Meter Repairer I. Ms. Mahoney said the
promotional exam would not have the same qualifications. Mr. Wilson replied no, but
said they would have the qualifications of the previous exam. Mr. Tatigian asked Mr.
Biga would they have to have #7 on the memo that was added. Mr. Biga said no. Mr.
Page 10 1307" Regular Meeting April 17, 2013
Grzembski said two years' experience. Mr. Biga said you could add it but for an in-house
person they won't necessarily have an S1 licensure, but could obtain one. Mr. Biga said
we would add that to the promotional. Mr. Wilson stated that in regards to a potential lay
off, it is not anticipated. In fact, we have a Water Operations Mechanic II position that is
going to be filled and will ripple through the organization and create another opening.
We have retirements that are going to be occurring this year so the City is not
anticipating a layoff. Mr. Grzembski said it's on record. Mr. Tatigian asked what would
be the harm of having two (2) lists and then of course management has the right to select
from one or the other or both. Mr. Tatigian said the department is looking to hire two (2)
people. Ms. Mahoney said no, only if the one in the position failed probation.
Mr. Tatigian said even then you can hire the person that you think is best qualified.
Ms. Mahoney said that once someone is in probation on the job, once they pass
probation it is their job. Mr. Biga agreed. Mr. Grzembski said we don't have a problem
running two exams concurrent, however, he wants the City to select from the promotional
list first. Mr. Grzembski said that one of the objections that Mr. Wilson brought up was
that we just had this test and we ran through it and no one wanted it. Mr. Grzembski
said, I guess if that happened again it would prove him right and if no one took the job he
would have no problem with the City hiring from the open competitive list. Mr. Wilson
said the problem is that it took us months to get to this point and we don't have the time
to run through another promotional examination. Mr. Tatigian stated it is going to take
months to go open competitive anyways. Mr. Wilson said he understood that, but we
don't have the time to first run a promotional examination, hope we gel someone in the
position and then failing that come back and conduct an open competitive. Mr. Tatigian
said not consecutively, concurrently. Mr. Wilson stated he understood that and it is just
his suggestion that the City have the ability to hire someone with experience that can be
placed in the position.
Ms. Mahoney asked Mr. Biga if we run side by side promotional and open competitive, do
we have to decide tonight which list management chooses to select an individual from or
is it management's prerogative to take a look at both of those lists and decide at that
point in time which list they want to use first. Mr. Biga said that could be done.
Ms. Mahoney said it seems to her if in fact on the open competitive examination there
arose to the top an individual that had significant experience and appeared to be the best
for that particular situation then management hire from that list. Ms. Mahoney asked why
we have to decide tonight which list is going first. Mr. Wilson said he would agree with
the Commissioners, and that there could even be an in house candidate that might have
a lot of mechanical background, who is now choosing to take the examination. Mr.
Wilson said the Department just doesn't want to get back into the situation we are in now.
Ms. Mahoney said she would suggest that the Commission approve the open competitive
examination joined by a promotional with management's prerogative at the end to
determine who gets hired. Mr. Tatigian asked Mr. Biga if we need a separate resolution
on this, Mr. Biga said yes. Mr. Tatigian asked if we can approve this examination and
also the promotional examination. Ms. Mahoney said the Commission does not have the
promotional on our agenda, but can we add it. Mr. Tatigian said that is just proforma.
Mr. Biga said yes, we can do that.
Mr. Biga suggested since we don't have the information here that we use the prior
qualifications for Meter Repairer I plus the #7 qualification. Mr. Tatigian said he
Page 11 1307" Regular Meeting Apn117, 2013
concurred on that and asked if there was any objection with what the department is
recommending. Mr. Wilson said this isn't that what the department is recommending.
Ms. Mahoney said it came without the promotional examination option in it, and was an
offer the department made sitting here tonight. Mr. Grzembski asked what the #7 was.
Ms. Mahoney said have or obtain and maintain a Michigan Department of Environment
Quality S4 Water Distribution Certificate within the first year of employment. Mr.
Grzembski said ok, I have a different copy and it doesn't say #7. Mr. Biga said it was
included in the jab description. You don't put qualifications in the job description.
James Sturgill, Roads Foreman, said I thought in the Charter if you have people from the
outside and somebody is working for the City and is in the top three (3) the advantage is
given to the employee. Is that not cored? Mr. Biga said that is not correct, the
collective bargaining agreement says in the event you have an open competitive
examination and we have in house person laking the examination, if their earned scare is
among the top three (3) then the examination becomes a promotional examination. Mr.
Tatigian is referring to the City Charter provision that says you promote from within,
however for the good of the service, the department head may request to fill a vacancy
from an open competitive examination in lieu of a promotion, the Charter permits that.
Mr. Biga said this is a compromise and be aware there will be different qualifications for
the promotional exam than the open competitive. If someone from within the City meets
the qualifications for the open competitive exam and they come in the top three (3) of
earned score, then that examination becomes promotional. That is entirely different from
a promotional examination. The promotional examination would not have the same
qualifications, would not have the experience required, it would just say you would have
to have status as a City employee and that is entirely different. Mr. Biga said the open
competitive requires two (2) years of experience; he doesn't think anyone in the City has
that and so the possibility of what Mr. Sturgill is talking about would not happen. Mr. Biga
said if we conduct concurrent exams then the next question would be what qualifications
we would have. Mr. Biga said we would have the same as before plus the requirement of
the S4. The parts of examination would be different because on the promotional there
was no interview, the promotional is 70 %written, 30% departmental rating. The outside
applicants would not have experience in the City, so we use an interview panel in lieu of
the departments rating. Ms. Mahoney asked if an employee can apply through the open
competitive exam. Mr. Biga said yes, if they are qualified. Mr. Tatigian replied that he
would support Ms. Mahoney's motion. Mr. Grzembski said seeing that we are suffering
and the citizens need this quick, we know that it is going to take well over a month to do
this. He would like to see a posting for a temporary promotion or temporary job filling to
get it going. Ms. Mahoney said that is not up to the Commission. Mr. Wilson stated that
is not an item for the Commission.
Upon a motion by Ms. Mahoney, seconded by Mr. Meakin and unanimously adopted, it was
13-50 RESOLVED, having reviewed the memorandum of April 12, 2013,
from Brian Wilson, Superintendent of Public Service and Kevin Maillard, Director
of Public Works, requesting an open -competitive examination for Water Meter
Repairer I and proposed qualifications and parts of examination and weights, the
Civil Service Commission does hereby approve the following qualifications and
parts of examination and weights:
Page 12 1307x" Regular Meeting Apn111,2D13
QUALIFICATIONS
By the closing date of this announcement, applicants must:
Be a citizen of the United States or resident alien with the right to work in
the United States; and
Have a high school diploma or its equivalent; and
Have two (2) years experience in the maintenance and repair of water
meters; and
Have an acceptable driving record; and
Be eligible for or possess, and maintain a valid Group "A" Commercial
Drivers License with Air Brake; and
Be eligible for or possess, and maintain a valid Industrial Truck Driving
Permit for the operation of a forklift.
Have or obtain and maintain a Michigan Department of Environmental
Quality S4 Water Distribution Certificate within the first year of
employment.
NOTE: An employee in this classification is subject to all requirements of the Federal
Omnibus Transportation Employee Testing Act of 1991, as amended.
PARTS OF EXAMINATION AND WEIGHTS
Written Test -50% Interview -50%
Background Investigation — Pass/Fail
NOTE: The twelve (12) candidates with the highest passing score on the written test will be
invited to the interview portion of the examination.
Mr. Taligian stated there is an additional motion in order. Ms. Mahoney stated that an
additional motion would be to concurrently run a promotional exam using the requirements of
the most immediate past promotional exam for Water Meter Repairer I plus the S4
requirement. Mr. Biga asked if an interview should be added to the parts and weights.
Mr. Wilson said that since we are already convening an outside interview board for the open
competitive examination, we could simultaneously have the promotional go in front of the
interview board. Ms. Mahoney reiterated that using the Water Meter Repairer I with the
change of adding S4 and adding an interview process to the parts and weights. Mr. Wilson
agreed and stated that the parts and weights would be 35% written, 35% interview and 30%
departmental rating.
Upon a motion by Ms. Mahoney, seconded by Mr. Meakin and unanimously adopted, it was
13-51 RESOLVED, having discussion with Brian Wilson, Superintendent
of Public Service, and Robert F. Biga, Human Resources Director regarding a
promotional examination for Water Meter Repairer I and the proposed
qualifications and parts of examination and weights, the Civil Service
Commission does hereby approve the following qualifications and parts of
examination and weights:
Page 13 1307" Regular Meeting Apnll7,2D13
QUALIFICATIONS
By the closing date of this announcement, applicants:
1. Are employed in the Department of Public Works; and
2. Have regular status; and
3. Are eligible for a Temporary Instruction Permit (TIP) or have a Group "A"
Commercial Driver's License with Air Brake. Must have or be eligible for an
Industrial Truck Driving Permit for operation of a forklift. An employee in this
classification is subject to all requirements of the Federal Omnibus
Transportation Employee Testing Act of 1991, as amended; and
4. Have or obtain and maintain a Michigan Department of Environmental Quality S4
Water Distribution Certificate within the first year of employment.
PARTS OF EXAMINATION AND WEIGHTS
Written Test— 35% Interview 35% Departmental Rating — 30%
Candidates must pass the Written Test and Interview in order to be placed on the eligible list.
Pursuant to AFSCME Local 192, Promotions 20.B. in competitive examinations which include
Departmental Ratings, the Departmental Rating from 0 to 100 will count as 30% of the
examination, but a score under 70 will not disqualify the candidate from continuing in the
process.
Alex Bishop, CBO, Director of Inspection, was present to discuss his request for a Senior
Plumbing Inspector examination. Mr. Bishop stated he is anticipating a retirement of a Senior
Plumbing Inspector and is requesting that a list be created even though he does not have
approval to hire. Mr. Bishop said he would like to create a list so that he will not have down
time of four (4) to six (6) months, and will not have to hire part time people or subcontract the
work out.
Mr. Meakin asked if Mr. Bishop is aware that number seven (7) under qualifications was
changed to be a note which stales preference will be given to applicants with additional
Act 54 certification in mechanical, plumbing and/or electrical classifications. Ms. Mahoney
said it should be a note rather than a qualification. Mr. Bishop said that is fine, because it
really isn't a qualification, it's just that candidates who are dual certified are more valuable to
the City. Ms. Mahoney slated this is just to let applicants know. Mr. Biga replied yes and that
it will be taken into consideration during the interview process.
Upon a motion by Mr. Meakin, seconded by Ms. Mahoney and unanimously adopted, it was
13-52 RESOLVED, having reviewed the memorandum of April 5, 2013,
from Alex Bishop, CBO. Director of Inspection, requesting an open -competitive
examination for Senior Plumbing Inspector 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:
Page 14 1307" Regular Meeting Apnl l7, 2D13
QUALIFICATIONS
By the closing date of this announcement, applicants must:
1. Be a citizen of the United States or resident alien with the right to work in the United
States; and
2. Possess a high school diploma or valid equivalency certificate; and
3. Have either Journeyman or Master Plumbers License from the State of Michigan, or
have ACT 54 State registration as Plumbing Inspector and Plan Reviewer or be able to
become registered within six (6) months or hire. If not ACT 54 State certified as
Plumbing Inspector and Plan Reviewer, must have the credentials and experience
needed to obtain State certification. Failure to obtain and maintain registration will be
cause for dismissal; and
4. Obtain International Code Council (ICC) certification for Residential Plumbing Inspector,
Commercial Plumbing Inspector and Plan Reviewer within one (1) year of hire. This
certification will be at applicants own time and expense and the renewals will be at
applicants own time and expense. Failure to obtain and maintain registration will be
cause for dismissal; and
5. Have at least six (6) years of responsible full -lime experience in the field of plumbing;
and;
6. Possess and maintain a valid Michigan driver's license and have an acceptable driving
record; and
Note: Preference will be given to applicants with additional Act 54 certification in mechanical,
plumbing and/or electrical classifications.
Interview -100%'
Background Investigation — Pass/Fail
'In the event the number of qualified applicants exceeds fifteen (15), an evaluation will be
made of the applicants and the fifteen applicants with the most appropriate and responsible
combination of experience and training will be invited to the interview. Candidates must pass
the interview in order to be placed on the eligible list.
Mr. Bishop spoke regarding his second request and advised we will have to change number
seven (7) to a note, Mr. Biga replied yes. Mr. Bishop said he is requesting both Senior
Plumbing and Plumbing Inspector so if he gets a plumbing inspector with basic qualifications,
he would hire a Plumbing Inspector, if approved. If he has someone that comes in and has
dual certification, and has much experience then he would be able to offer them the Senior
Plumbing Inspector position. Ms. Mahoney summarized that he has one (1) position to fill at
one level. The level hired will depend upon who ends up on the list. Mr. Bishop concurred.
Upon a motion by Mr. Meakin, seconded by Ms. Mahoney and unanimously adopted, it was
13-53 RESOLVED, having reviewed the memorandum of April 5, 2013,
from Alex Bishop, CBO. Director of Inspection, requesting an open -competitive
examination for Plumbing Inspector and proposed qualifications and parts of
Page 15 1307" Regular Meeting Apn117, 2013
examination and weights, the Civil Service Commission does hereby approve the
following qualifications and parts of examination and weights:
QUALIFICATIONS
By the closing date of this announcement, applicants must:
1. Be a citizen of the United States or resident alien with the right to work in the
United States; and
2. Possess a high school diploma or valid equivalency certificate; and
3. Have either Journeyman or Master Plumber's License from the State of
Michigan, or have ACT 54 State registration as Plumbing Inspector and Plan
Reviewer or be able to become registered within six (6) months or hire. If not
ACT 54 State certified as Plumbing Inspector and Plan Reviewer, must have the
credentials and experience needed to obtain State certification. Failure to obtain
and maintain registration will be cause for dismissal; and
4. Obtain International Code Council (ICC) certification for Residential Plumbing
Inspector, Commercial Plumbing Inspector and Plan Reviewer within one (1)
year of hire. This certification will be at applicants own time and expense and
the renewals will be at applicants own time and expense. Failure to obtain and
maintain registration will be cause for dismissal; and
5. Have at least three (3) years of responsible full-time experience in the field of
plumbing; and;
6. Possess and maintain a valid Michigan driver's license and have an acceptable
driving record; and
Note: Preference may be given to applicants with dual Act 54 certification as either a
plumbing/mechanical, plumbing/electrical, or plumbing/building inspector; the
plumbing/mechanical combination is the most desirable for this position.
Interview -100%'
Background Investigation — Pass/Fail
'In the event the number of qualified applicants exceeds fifteen (15), an evaluation will be
made of the applicants and the fifteen applicants with the most appropriate and responsible
combination of experience and training will be invited to the interview. Candidates must pass
the interview in order to be placed on the eligible list.
Mr. Bishop spoke regarding his third request advising that there is no list for Building
Inspector. He anticipates retirements, he has nothing official, but again it is a six (6) month
process. He believes number eight (8) should be a note and not a qualification. Mr. Biga
concurred.
Upon a motion by Mr. Meakin, seconded by Ms. Mahoney and unanimously adopted, it was
13-54 RESOLVED, having reviewed the memorandum of April 5, 2013,
from Alex Bishop, CBO. Director of Inspection, requesting an open -competitive
Page 16 1307" Regular Meeting Apn117, 2013
examination for Building Inspector and proposed qualifications and parts of
examination and weights, the Civil Service Commission does hereby approve the
following qualifications and parts of examination and weights:
QUALIFICATIONS
By the closing date of this announcement, applicants must:
Be a citizen of the United States or resident alien with the right to work in the
United States; and
Possess a high school diploma or valid equivalency certificate; and
Be familiar with local, state and national building codes, have thorough
knowledge of construction methods and techniques and have some
knowledge of electrical, plumbing and heating codes; and
Have either:
a. At least five (5) years of full-time paid experience in responsible
residential and/or commercial building construction work, four (4)
years of which have been within the past twelve (12) years; OR
b. At least three (3) years of full-time paid experience in responsible
residential and/or commercial building construction work within the
past twelve (12) years, PLUS either:
i. An Associate's degree related to a building construction
program from an accredited college or university; OR
ii. One (1) year of full-time paid experience as building inspector
(Registered in accordance with P.A. 54 within the past five (5)
years; OR
C. An equivalent combination of the above experience and education;
and
Have Act 54 State Certification as Building Inspector and Plan Reviewer or
be able to become certified within six (6) months or hire. If not Act 54 State
certified as Building Inspector and Plan Reviewer, must have the credentials
and experience needed to obtain state certification as defined in the State of
Michigan Construction Code Commission General Rules for Building
Officials, Plan Reviewers and Inspectors. Failure to obtain and maintain
registration will be cause for dismissal; and
Obtain International Code Council (ICC) certification as a Residential
Building Inspector, Commercial Building Inspector and Plan Reviewer within
one (1) year of hire. This certification and renewals will be at the applicant's
own time and expense. Failure to obtain and maintain registration will be
cause for dismissal; and
Possess and maintain a valid Michigan Drivers license and have an
acceptable driving record; and
NOTE: Preference will be given to applicants with additional Act 54 certification in
mechanical, plumbing and/or electrical classifications.
NOTE: ORIGINAL LICENSES, CERTIFICATIONS, COLLEGE TRANSCRIPTS, HIGH
SCHOOL DIPLOMA OR GED MUST BE SUBMITTED AT TIME OF
INTERVIEW.
Page 17 1307" Regular Meeting Apnl i], 2D13
NOTE: THE APPLICANT MUST PASS THE STATE CERTIFICATION FOR BUILDING
INSPECTOR AND PLAN REVIEWER WITHIN SIX (6) MONTHS FROM DATE
OF HIRE. FAILURE TO DO SO SHALL BE CAUSE FOR DISMISSAL.
PARTS OF EXAMINATION AND WEIGHTS
100% Interview`
Background Investigation — Pass/Fail
'In the event the number of qualified applicants exceeds fifteen (15), an evaluation will be
made of the applicants and the fifteen (15) applicants with the most appropriate and
responsible combination of experience and training will be invited to the interview. Candidates
must pass the Interview in order to be placed on the eligible list.
Robert Biga, Human Resources Director, advised that the memorandum of April 15, 2013,
from Derrick L. Washington, Personnel Analyst II, documents the verbal request from Police
Chief Curtis Caid to amend the qualifications for the open -competitive examination for
Computer Administrator II. Ms. Mahoney inquired as to whether this position is in the Police
department. Mr. Biga advised the position is in the Police department. Mr. Biga further staled
we advertised with the initial qualifications, but the Civil Service department fell that the
qualifications were a little excessive and that we probably wouldn't find anyone, which is what
happened. We then reviewed the qualifications with the Police department and made some
adjustments. Mr. Tatigian asked if there was anyone here on this item. Mr. Biga stated, no.
Upon a motion by Ms. Mahoney, seconded by Mr. Meakin and unanimously adopted, it was
13-55 RESOLVED, having reviewed the memorandum of April 15, 2013,
from Derrick L. Washington, Personnel Analyst II, requesting to amend the
qualifications for the open -competitive examination for Computer Administrator
II, the Civil Service Commission does hereby approve the following qualifications
and parts of examination and weights:
QUALIFICATIONS
By the closing date of the announcement, applicants must:
1. Be a citizen of the United States or resident alien with the right to work
in the United States; and
2. Possess an Associate's Degree in a Computer Science curriculum, and
at least two (2) years full-time paid work experience in the last five (5)
years in a computer-related field; or
3. Possess a Bachelor's Degree in any discipline, and three (3) years of
full time computer-related work experience in the past five (5) years, or
an equivalent level of education and experience; and
4. Possess Camp Tia A+ Certification or six (6) months full time paid work
experience as first line Help Desk support; and
Page 18 1307" Regular Meeting Apnll7,2D13
5. Possess a thorough knowledge of Microsoft Office 2010 including
Outlook, Word, Excel and Access.
PARTS OF EXAMINATION AND WEIGHTS
Performance Test -25% Interview -75%
Background Investigation - Pass/Fail
Note: Applicants must pass each phase of the process to be placed on the eligible list. The
process will include; performance test, interview, and at time of hire, a background
investigation.
The Commission reviewed a letter dated April 15, 2013, from Dawn Borregard, Assistant City
Assessor, requesting an open competitive examination for Property Appraiser I and a
memorandum of April 16, 2013 from Derrick L. Washington, Personnel Analyst II.
Mr. Biga stated the only change from the prior qualification is the certification as an
"Assessor' is now called Michigan Certified Assessing Official (MCAD).
Upon a motion by Mr. Meakin, seconded by Ms. Mahoney and unanimously adopted, it was
13-56 RESOLVED, having reviewed the correspondence dated April 15,
2013, from Dawn Borregard, Assistant City Assessor, requesting an open -
competitive examination for Property Appraiser I and proposed qualifications and
parts of examination and weights, the Civil Service Commission does hereby
approve the following qualifications and parts of examination and weights:
QUALIFICATIONS
By the closing date of this announcement, applicants must:
Be a citizen of the United States or resident alien with the right to work
in the United States; and
Have a high school diploma or a valid equivalency certificate; and
Possess a valid Michigan driver's license and have an acceptable
driving record; and
Possess a Michigan Certified Assessing Official (MCAO) certification
from the State of Michigan; and
Have two (2) years full-time paid work experience relating to
assessment principles and methods, and the appraisal of real and
personal property. A full understanding of State of Michigan
Homestead and Transfer Affidavits and Rescission forms is necessary;
and
Possess computer skills including BS &A Equalizer and Apex; and
Have excellent communications skills and the ability to deal with the
public.
Page 19 1307" Regular Meeting April 17, 2013
PARTS OF EXAMINATION AND WEIGHTS
100% Interview`
Background Investigation — Pass/Fail
'NOTE: In the event the number of qualified applicants exceed fifteen (15), an evaluation
will be made of the applications and the fifteen (15) applicants with the most appropriate and
responsible combination of experience and training will be invited to the interview. Candidates
must pass the interview in order to be placed on the eligible list.
Robert Biga advised departmental correspondence dated April 16, 2013, from Daniel Horning,
Police Service Aide as approved by Captain Taig requesting a military leave of absence.
Mr. Biga stated this is procedural and a requirement by Civil Service Rules. When someone
is asking for Military Leave the employer is obligated by law to grant the leave.
Upon a motion by Mr. Meakin, seconded by Ms. Mahoney and unanimously adopted, it was
13-57 RESOLVED, having reviewed the correspondence dated April 16,
2013, from Daniel Horning, Police Service Aide as approved by Captain Ronald
Taig requesting a military leave of absence the Civil Service Commission does
hereby approve the request.
Mr. Tatigian asked that we hear from the Union regarding the AFSCME Local 192 Grievance.
Ken Widmer, Chief Roads Steward, advised that we have two (2) individuals in the water
department that were denied their fatigue time. Current fatigue time policy, or that if
employees are on the clock for sixteen (16) hours in a twenty four (24) hour period, they are
to be sent home with eight (8) hours off for fatigue time. These two (2) individuals' worked for
twenty-six (26) hours straight and they were denied. They were told because of emergency
situations that they could not be relieved. Mr. Widmer said he believed that after twenty six
(26) hours on the clock, it is an excessive amount of time to be at work. Mr. Widmer further
stated that by keeping those employees on the clock after that amount of time, the City is
causing more of an emergency later on. Mr. Widmer said the idea is to send those
employees home so that they can get some sleep, and later if there is an emergency situation
going on those employees can be called back to the job. He said that the City will actually
have employees working around the clock, instead of working everyone until they are
dropping and then not having anybody to do the work when an emergency situation occurs.
Mr. Wilson advised that in the interest of time he would not go through the whole Step 2
answer to this grievance and would just reiterate the points. Mr. Wilson advised that the
Commission has already ruled on this subject in Grievance #10-10. Clear contract language
exists in the contract regarding release and fatigue time. At two separate Civil Service
Commission meetings the Union acknowledged the right of management not to release
employees. Mr. Wilson said problems do exist with the current methodology of fatigue time
and with the operational and financial issues. The subject is going to be addressed in the
upcoming contract negotiations. Mr. Wilson said that contract negotiations, is the proper
forum to make contract changes.
Page 20 1307" Regular Meeting April 17, 2013
Ken Widmer continued to say that basically what the Union is asking for is the employees that
were on the clock for twenty six (26) hours were told that they could not be released for
fatigue time due to an emergency situation, but that they were allowed to leave on their own
time if they needed to sleep and fell they could no longer perform the job duties. Mr. Tatigian
inquired as to how many people continued to work. Mr. Widmer said there were four (4)
people on the clock, two (2) people left and two (2) people continued to work. Mr. Tatigian
asked what we do about the two (2) people that continued to work. Does he think it is fair that
we compensate somebody for not working while the other two (2) employees continued to
work? Ken Widmer said the problem that happens with that is that after twenty-six (26) hours
on the clock, the right way to handle it would have been to go to the employees and say we
still have some water breaks going on, we can use some extra hands and if you feel that you
are no longer able to maintain and handle the equipment, because they are handling heavy
duty equipment tractors, dump trucks and are in charge of the safety of the other people on
the crew. Mr. Widmer said give the crew members the opportunity to decide whether they
can continue. If they don't feel they can continue, then go home and enjoy your fatigue time.
The City may call you back later. This way you give the employee the option. It also works
out in case of liability. Mr. Tatigian stated that if you know you are going to continue to get
compensated, then why would you continue to work? Mr. Grzembski and Mr. Widmer stated
if you continue to work you are paid double time. Mr. Wilson staled that not in every scenario
does that happen, quite often employees revert to straight time. Mr. Grzembski said in this
case though, he believed it would have been all double time. Mr. Wilson stated that was
irrelevant in regards to what the contract says in this maker.
Mr. Biga stated there was a mischamcterization by Mr. Widmer of what the contract provides.
The contract says that management has the right to determine whether or not someone can
continue to work. What Mr. Widmer is saying is, release of employees is automatic. That is
not the case. Mr. Biga said that management still has the prerogative whether to release or
not release. In this case the department chose not to release. They permitted the employees
who wanted to go home the opportunity to go home and employees charged time to an
appropriate leave bank. Mr. Biga stated there is a fine line here. Management chose not to
release. It is management's decision whether or not someone is going to receive fatigue time
or not. It is not the Union's decision. Mr. Wilson stated to the Commissioners that is exactly
what happened in Grievance #10-10 that they ruled on. Mr. Widmer stated the difference
with that grievance was all of those employees were released after twelve (12) hours. This is
a case where the employees were on the clock for twenty six (26) hours straight. Mr.
Grzembski said every case and every scenario is different. Mr. Wilson stated that what is not
different is the contract. Mr. Grzembski stated that he truly believes that the intent was to
keep the employees fresh so they could respond to the next emergency safely. Mr.
Grzembski stated that Mr. Wilson said it will be addressed next contract. Ms. Mahoney stated
to Mr. Biga that what she is hearing is it is management's prerogative to determine whether
an employee is suitable to continue working after twenty six (26) hours. Ms. Mahoney stated
she doesn't know that she necessarily agrees with that, because I may look awake, but I
might be ready to fall over. However, the contract is what we live by, and that is why we have
contracts. The contract says that it is management's decision to decide to do that, so she
thinks it is a good point for discussion in future negotiations, because intent is unknown
unless it is in writing, and she would move to deny this request.
Mr. Tatigian asked if there was anyone else that would like to speak on this. Mr. Sturgill said
that everyone "blows" off working twenty six (26) hours. Would you have firefighters fighting a
Page 21 1307" Regular Meeting April 17, 2013
fire for twenty six (26) hours straight or would you have police officers out there directing
traffic for 26 hours straight? Everyone takes that with a grain of salt but when you are here
for twenty six (26) hours, it is a long time. There have been guys that have worked thirty eight
(38) hours. Mr. Wilson interjected stating that no one is diminishing these employees in any
way shape or form. That is not the case at all. The situation is that you just can't have some
employees go home and get paid and some don't. Ms. Mahoney stated that none of us are
diminishing twenty six (26) hours, he has to realize she worked for an electric utility. Linemen
are working under the same circumstances when it is snowing and raining and lines are
down. It is management's prerogative. If management makes a mistake it is on
management's shoulders and that would be a real shame, but it is in the contract. Mr. Wilson
further stated, just to be clear this is a rare occasion. This is not a normal occasion. Ms.
Mahoney further stated that employees were given the opportunity to leave; it's just that the
time released wasn't going to be designated as fatigue time.
Upon a motion by Ms. Mahoney, seconded by Mr. Meakin and unanimously adopted, it was
13-58 RESOLVED, having reviewed the AFSCME Union Local 192
Grievance #13-03, dated March 15, 2013, from Phil Sheridan, Water Operations
Mechanic I, and Brian Molnar, Water Meter Repairer I, regarding fatigue time;
and Robert Biga, Human Resources Director, the Civil Service Commission does
hereby deny this request.
Ms. Mahoney stated that before the meeting was adjourned there were a couple of quick
items, one Mr. Meakin would address, and the other item is Ms. Mahoney would not be
available for Civil Service Commission meeting dates of June 19 2013, and August 21, 2013.
After discussion with Robert F. Biga and the Civil Service Commission regarding rescheduling
of the meeting date, the Civil Service Commission meeting dates were rescheduled.
Upon a motion by Ms. Mahoney, seconded by Mr. Meakin and unanimously adopted, it was
1359 RESOLVED, after discussion with Robert F. Biga, Human
Resources Director and the Civil Service Commissioners the Civil Service
Commission meeting date of Wednesday, June 19, 2013, and rescheduled for
Tuesday, June, 18, 2013, at 5:30 p.m., and the Civil Service Commission
meeting dale of Wednesday, August 21, 2013, and rescheduled for Wednesday,
August 28, 2013, at 5:30 p.m.
Mr. Meakin advised that as of 4:00 p.m. this afternoon he gave the Mayor his resignation to
this Commission in complying with the City Ordinance, because he is running for Council.
Mr. Tatigian and Ms. Mahoney thanked Mr. Meakin for his service on the Commission and as
the Commission representative on the Board of Trustees of the Livonia Employees
Retirement System.
Page 22 1307" Regular Meeting Apn117, 2013
Upon a motion by Ms. Mahoney, seconded by Mr. Meakin, and unanimously adopted, it was
RESOLVED, that the meeting be adjourned at 5:30 p.m.
Vickie Wuerth, Personnel Clerk
Harry C. Tatigian, Chairman
Brian Meakin, Commissioner
Charlotte Mahoney, Commissioner