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HomeMy WebLinkAbout1330th CSC Meeting (March 18, 2015)1330M REGULAR MEETING OF THE CIVIL SERVICE COMMISSION The 1330' Regular Meeting of the Civil Service Commission was held on Wednesday, March 18, 2015. The meeting was called to order at 5:40 p.m. by Commissioner Mahoney. Members Present: James R. Cambridge, Chairman Charlotte S. Mahoney, Commissioner Harry C. Tatigian, Commissioner Also Present: Michael Bailey, Vice -President, LFFU Robert F. Biga, Former Human Resources Lawrence Mosier, Fire Engineer Director Michael Rusnak, President, LFFU Denise Maier, Human Resources Director Shadd A. Whitehead, Fire Chief Derrick L. Washington, Personnel Analyst II Brian Wilson, Superintendent of Public Service Gretchen Guisbert, Secretary III Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney, and unanimously adopted, it was 15-46 RESOLVED, that the Minutes of the 1329'^ Regular Meeting held Wednesday, February 18, 2015, be approved as submitted. The Eligible List for Public Service Worker II (1367 p.) was removed from the Confirming Agenda by direction of the Chairman. Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian, and unanimously adopted, it was 15-47 RESOLVED, That having reviewed the letter of February 19, 2015, from Edward Giedrojc, Custodian (RPT), as approved for submission by Brian Wilson, Assistant Superintendent of Public Service and Kevin Maillard, Director of Public Works, requesting an unpaid medical leave of absence, the Civil Service Commission does hereby affirm the administrative approval of Mr. Giedrojc's request for an unpaid medical leave of absence, not to exceed ninety (90) days, beginning February 3, 2015; AND BE IT FURTHER RESOLVED, that should Mr. Giedrojc not return to work for at least thirty (30) calendar days after the approved unpaid medical leave of absence, he will be responsible to reimburse the City of Livonia for any cost for benefits paid for Mr. Giedrojc during his time off, in accordance with Section 25.6(c) Insurance Premium Payments, of the Civil Service Commission Rules and Regulations and Final FMLA Regulations (29 C.F.R.), unless circumstances for not returning to work are beyond Mr. Giedrojc's control. Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian, and adopted, it was 15-48 RESOLVED, That having reviewed the letter of March 9, 2015, from Dennis Fluff, Public Service Worker II, as approved for submission by Brian Wilson, Assistant Superintendent of Public Service and Kevin Maillard, Director of Paget 1330' Regular Meeting March 18, 2015 Public Works, requesting an unpaid medical leave of absence, the Civil Service Commission does hereby affirm the administrative approval of Mr. Fluffs request for an unpaid medical leave of absence, not to exceed ninety (90) days, beginning March 12, 2015; AND BE IT FURTHER RESOLVED, that should Mr. Fluff not return to work for at least thirty (30) calendar days after the approved unpaid medical leave of absence, he will be responsible to reimburse the City of Livonia for any cost for benefits paid for Mr. Fluff during his time off, in accordance with Section 25.6(c), Insurance Premium Payments, of the Civil Service Commission Rules and Regulations and Final FMLA Regulations (29 C.F.R.), unless circumstances for not returning to work are beyond Mr. Pluffs control. Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian, and unanimously adopted, it was 15-49 RESOLVED, That having reviewed the memorandum of March 3, 2015, from Derrick L. Washington, Personnel Analyst II, to Denise C. Maier, Human Resources Director, the Civil Service Commission does hereby confirm the administrative approval of the passing point of a raw score of 70 out of a maximum raw score of 100, or 70%, on the National Basic Abilities Test (N -BAT) in the written test far Police Service Aide (964 D o.c.) examination. Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian, and unanimously adopted, it was 15-50 RESOLVED, That having reviewed the memorandum of March 6, 2015, from Derrick L. Washington, Personnel Analyst II, to Denise C. Maier, Human Resources Director, the Civil Service Commission does hereby confirm the administrative approval of the passing point of a raw score of 70 out of a maximum raw score of 100, or 70%, for the International Public Management Association for Human Resources (IPMA-HR) PO -EL 101 (TIP) written test in the Police Officer (938 D o.c.) examination. Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian, and unanimously adopted, it was 15-51 RESOLVED, That the Civil Service Commission does hereby affirm the administrative approval of the eligible list for Clerk -Typist 1 (999 o.c.). Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian, and unanimously adopted, it was 15-52 RESOLVED, That the Civil Service Commission does hereby affirm the administrative approval of the eligible list for City Librarian (1639 p.). Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian, and unanimously adopted, it was 15-53 RESOLVED, That the Civil Service Commission does hereby affirm the administrative approval of the eligible list for Clerk -Typist 1 (1370 p.). Page 3 1330r Regular Meeting Maier 18, 2015 Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian, and unanimously adopted, it was 15-54 RESOLVED, That the Civil Service Commission does hereby affirm the administrative approval of the eligible list for Police Sergeant (1365 p.). Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian, and unanimously adopted, it was 15-55 RESOLVED, That the Civil Service Commission does hereby affirm the administrative approval of the eligible list for Police Lieutenant (1366 p.). The Commission received and fled the following: a. Status of Temporary Employees Report for February 2015. b. Non -Resident Report as of March 1, 2015. C. Current Open -Competitive and Promotional Eligible Lists as of March 1, 2015. d. Affirmative Action Report for February 2015. e. Removal of names from active eligible list report for the month of February 2015: None. f. Expiring eligible lists for the month of April 2015 — Firefighter (960 o.c.) and Program Supervisor (982 o.c.). Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney, and unanimously adopted, it was 15-56 RESOLVED, That having reviewed the memorandum of March 16, 2015, from Derrick L. Washington, Personnel Analyst II, to Denise C. Maier, Human Resources Director, requesting an open -competitive examination for Animal Control 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 By the closing date of this announcement, applicants must: 1. Be a United States citizen or a resident alien with the right to work in the United States; and 2. Have a high school diploma or its equivalent; and 3. Possess and maintain a valid drivers license, and have an acceptable driving record; and 4. Must be able to pursue, restrain and lift animals up to 100 lbs.; and 5. Have a minimum of two (2) years' experience in one or more of the following areas: Animal Control Officer far a township, municipality, county or state agency, and/or Inspector with a regulatory agency responsible for directly overseeing animal control operations, and/or worked within a veterinary clinic, animal hospital, and/or shelter and been directly responsible for the care and upkeep of animals, and/or worked as an animal trainer or handler; and Page 1330' Regular Meeting March 18, 2015 6. Have or be able to meet State of Michigan Department of Agriculture requirements and training for an Animal Control Officer; and 7. Have or be able to receive the rabies vaccination. Note: Applicants must have the ability to meet and deal effectively with the public, to be able to read and comprehend the law and be able to write clear and concise reports. All applicants considered for interview must pass a security background investigation. PARTS OF EXAMINATION AND WEIGHTS Interview 100% In the event the number of qualified applicants exceeds ten (10), an evaluation will be made; and the ten (10) 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. Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney, and unanimously adopted, it was 15-57 RESOLVED, That having reviewed the letter of March 3, 2015, from Brian Wilson, Superintendent of Public Service, and Kevin Maillard, Director of Public Works, requesting an open -competitive examination for Project Foreman (Urban Forestry Manager) 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 Stales or a resident alien with the right to work in the United States; AND 1. Have an undergraduate degree from an accredited college or university in Forestry, Arboriculture, Horticulture, Landscape Architecture or closely related field; AND 2. Have a minimum of two (2) years full-time paid work experience within the past ten (10) years in municipal or urban forestry management; AND 3. Must have or be eligible for a commercial pesticide applicators license through the Michigan Department of Agriculture; AND 4. Must have or be eligible for an electrical hazard and line clearance certification; AND 6. Must have or be eligible for arborist certification through a state certification program or the International Society of Arboriculture; AND 7. Must have or be eligible for an International Society of Arboriculture tree risk assessment certification; AND 8. Possess and maintain a valid Michigan driver's license. Page 1330' Regular Meeting March 18,2015 NOTE: Original college degree and/or official transcripts must be presented at the lime of interview. Candidates must pass the Written Test and the Interview in order to be placed on the eligible list. PARTS OF EXAMINATION AND WEIGHTS Written Test — 30% Interview — 70% Background Investigation — Pass/Fail `NOTE: A maximum of ten (10) qualified applicants with the highest passing score on the Written Test will be invited to the Interview part of examination. Candidates must pass the Written Test, the Interview and the Background Investigation in order to be placed on the eligible list. Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian, and unanimously adopted, it was 15-58 RESOLVED, That having reviewed the letter of March 3, 2015, from Brian Wilson, Superintendent of Public Service, and Kevin Maillard, Director of Public Works, requesting a promotional examination for Assistant City Engineer 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 employed in the Department of Public Works; and Have regular status as Civil Engineer II; and Have at least five (5) yearsexperience as a Civil Engineer I or II; and Be registered as a Professional Engineer in the State of Michigan. PARTS OF EXAMINATION AND WEIGHTS Interview 70% Departmental Rating — 30%' `In the event there is only one qualified applicant for the position, the parts of examination and weights will be 100% Departmental Rating. Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney, and unanimously adopted, it was 15-59 RESOLVED, That having reviewed the letter of March 3, 2015, from Brian Wilson, Superintendent of Public Service and Kevin Maillard, Director of Public Works, requesting a promotional examination for Assistant Superintendent of Public Service 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 6 1330'" Regular Meeting Marts 18, 2015 QUALIFICATIONS This examination is open only to employees of the City of Livonia, who at the closing date of this examination are: Employed in the Public Service Division of the Department of Public Works; and Have regular status as a Parks and Forestry Supervisor; and Have a minimum of ten (10) years of experience as a Parks and Forestry Supervisor. PARTS OF EXAMINATION AND WEIGHTS Interview -70% Departmental Rating -30%' 'In the event there is only one (1) qualified applicant for this position, the Parts of Examination and Weights will be 100% Departmental Rating. Candidates must pass the Interview and Departmental Rating in order to be placed on the eligible list. Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian, and unanimously adopted, it was 15-60 RESOLVED, That having reviewed the letter of March 3, 2015, from Brian Wilson, Superintendent of Public Service and Kevin Maillard, Director of Public Works, requesting an open -competitive examination for Equipment Mechanic Trainee 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, an applicant 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 a high school diploma or a valid equivalency certificate; and 3. Have a minimum of two (2) years of paid work experience in the automotive/truck/construction equipment repair industry and/or completion of at least two (2) years in a recognized automotive technician program or a combination of both: and 4. Have a Michigan Department of State Motor Vehicle Mechanic Trainee Permit; and 5. Have a Temporary Instruction Permit (TIP) for, or have a valid Group "A" Commercial Driver's License with Air Brake; and 6. Have or be eligible for a valid Industrial Truck Driving Permit for operation of a forklift; and 7. Be able to lift a minimum of seventy-five (75) pounds. Page 7 1330' Regular Meeting March 18, 2015 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 Interview— 100% Background Investigation — Pass/Fail NOTE: The fifteen (15) applicants with the most appropriate and responsible level of education and experience will be invited to the Interview. Applicants must pass the Interview parts of the examination and a pass/fail Background Investigation in order to be placed on the eligible list. At the direction of the Chair, item 8 was removed from the Agenda. Mike Bailey, Vice -President, Livonia Fire Fighters Union (LFFU) was present at the meeting to discuss LFFU Grievance #14-02, dated September 26, 2014, from LFFU Membership, regarding the installation of video security cameras on Fire Department premises. Mr. Bailey explained that the Union requested security cameras due to an incident that happened where a personal vehicle was stolen from station #4. In addition, there have been incidents where they found people rummaging through personal vehicles at the stations. As a result of the incidents and after researching the types of cameras and seeking assistance from the Livonia Police Department, cameras were installed in the parking lots and the apparatus bays of fire stations #4 and #5. The Union was not aware of the cameras being installed prior to the installation, which resulted in discussions between the Chief and the Union. The Union fell that this constituted a change in working conditions and any changes should be negotiated. In addition, the LFFU Executive Board wanted a letter of agreement because they felt it would protect its members, due to there being a change in working conditions, which might result in any disciplinary action due to the cameras being installed. The Union requested Management stop the installation of cameras until they had a mutual agreement. They also requested to have SOGs in order for the Union members to be informed of what their rights are. Of further concern to the Union was who would be viewing the video from the cameras, which uses a wireless remote that can store up to 30 to 45 days of recording. Mike Bailey stated the Union believes that anything that is subject to discipline should be something they have the right to, under the Maintenance clause, to have an agreement as to SOGs, such as what is the process, who views the videos and why they are viewing it. The Union was concerned about the use of cameras as a "surveillance' tool because there is a different dynamic due to the 24-hour shifts they work. At certain times they have family members visiting or they are conducting personal business. They are concerned about the process of how video is obtained and who has the ability to view it. They want the SOGs to clearly define the process and procedures so that the video is not being arbitrarily viewed by Page 0 1330'" Regular Meeting March 18, 2015 just anyone. The Union is not against having the cameras but they don't want to have a wireless remote where all stations can be viewed in one person's cubby, their I.T. person. They want to know where the checks and balances are and what happens if somebody accesses this technology without authorization, what's the punishment? Mr. Tatigian pointed out that the contract states there are Management Rights and the Chief felt the cameras were needed to protect the employees and City property. Chief Whitehead discussed the reasons for needing the security cameras. First, the cameras serve as a deterrent for someone who might be thinking of doing something. Also, they serve as a tool to go back and review an event if one occurs. Chief Whitehead stated there is an I.T. Captain that has the ability to view footage and to ensure the cameras are operational, but it is not and never has been his intent to have the I.T. Captain continually view the cameras. He does look to make sure the cameras are operational periodically. Chief Whitehead explained that the cameras were placed inside the apparatus bays to assist in identifying someone coming into or going out of the area if an event occurred. The exterior cameras can also provide a good image however, they can have limitations depending on the environmental conditions, such as sunlight, darkness, rain, etc. Chief Whitehead stated he did not feel this was a condition of employment. Rather, it was something to make the organization better and it was really to protect employees, their personal property and Department and City property. Although stations are secured, there are times when a bay door gets left open and there is no one left behind. Chief Whitehead staled sometimes when the Firefighters are pulling out of the station on a call, the button is held loo long so the bay door cycles back up and is left open. The interior cameras do a better job of catching someone coming through the door because they're not subjected to some of the environment that the outside cameras are. Mr. Cambridge asked the Chief if the interior doors to the quarters are locked. The Chief said no, those are just pass throughs. Mr. Cambridge asked when the department changed to the electronic entry on the exterior doors. The Chief said it was at least 10-12 years ago. Mr. Cambridge then asked the Chief if he remembered any issues being raised by anybody about that piece of security being a change in employment conditions. The Chief replied none that he could recall. Mr. Cambridge stated that for him it starts and ends with the point that this is not a change in working conditions. Ms. Mahoney confirmed with the Chief that the cameras are not changing that condition of work that says if someone violates some rule, they are subject to discipline. The Chief said that is correct. Regardless, there is due process, an administrative review and an investigation. Mr. Bailey reiterated that the Union thought having the cameras installed was subject to bargaining. Ms. Mahoney didn't think bargaining occurred until it was near the end of a contract period. Mr. Bailey stated they wanted the letter of agreement to be adopted into the contract. Ms. Mahoney stated the Union's definition of how this was impacting the conditions of work was that it now exposed the employees to potential discipline that they would not have been exposed to before. Mr. Bailey stated there needed to be rules regarding this. Mr. Cambridge stated the contract says that the City can't unilaterally change conditions of Page 1330' Regular Meeting March 18, 2015 employment, but the condition for discipline is always there. He didn't believe this was a change in conditions of employment. Mr. Bailey stated there was an SOG regarding the use of cell phones but there isn't an SOG on who can view the cameras. Ms. Mahoney stated the letter of agreement basically is telling Management how to operate their camera system and she didn't believe that was the right of the Union. Mr. Bailey stated they didn't say Management didn't have the right to install the cameras, but they wanted to have an agreement as to the process and procedure. Mr. Cambridge thanked both sides for having the discussion. Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney, and unanimously adopted, it was 15-61 RESOLVED, That having reviewed Livonia Firefighters Union Grievance #14-02, dated September 26, 2014, from LFFU members, regarding Article 1, Recognition Clause and Article 35, Maintenance of Conditions Clause, concerning the installation of security cameras, and having discussion with Mike Bailey, Vice -President, LFFU; and Shadd A. Whitehead, Fire Chief, the Civil Service Commission does hereby deny the grievance. Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney, and unanimously adopted, it was RESOLVED, that the meeting be adjourned at 7:02 p.m. Gretchen Guisbert, Secretary III James R. Cambridge, Chairman Charlotte Mahoney, Commissioner Harry C. Tatigian, Commissioner