HomeMy WebLinkAbout1331st CSC Meeting (April 22, 2015)1331°' REGULAR MEETING OF THE
CIVIL SERVICE COMMISSION
The 1331" Regular Meeting of the Civil Service Commission was held on Wednesday, April 22,
2015. The meeting was called to order at 5:36 p.m. by Commissioner Mahoney.
Members Present: James R. Cambridge, Chairman
Charlotte S. Mahoney, Commissioner
Harry C. Tatigian, Commissioner
Also Present:
Kimberly Buchholz -Lewis, PSW II
Curtis Caid, Police Chief
Jeffrey Cadsen, PSW I
Dennis DeMeyer, Executive Board Member, 192
Timothy Fairgrieve, Vice -President, UL 192
Ed Hoffman, Equipment Operator III
Kevin Maillard, Director of Public Works
Ralph Mohr, PSW II
Dennis Opsommer, PSW 11
Daniel Putman, Information Systems Director
Jason Ryan, PSW I
Jeremy Schaeffer, PSW I
Sidney Sorenson, PSW II
Thomas Stadler, PSW II
DuWayne Stratman, President, UL 192
Lindsay Szwejkowski, PSW I
Kenneth Widmer, Chief Roads Steward
Brian Wilson, Superintendent of Public
Service
John Woehrle, PSW I
Denise Maier, Human Resources Director
Derrick L. Washington, Personnel Analyst II
Gretchen Guisbert, Secretary III
Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney, and unanimously adopted, it was
15-62 RESOLVED, that the Minutes of the 1330'^ Regular Meeting held
Wednesday, March 18, 2015, be approved as submitted.
Derrick Washington, Personnel Analyst 11, requested to postpone the Public Service Worker 11,
(1367 p.) eligible list in order to make some adjustments, at the request of Management and
AFSCME Union Local 192.
Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney, and unanimously adopted, it was
15-63 RESOLVED, That having reviewed the letter received on April 1,
2015, from Lawrence Kehoe, Police Officer, as approved for submission by Curtis
Caid, Police Chief, requesting additional family illness leave, the Civil Service
Commission does hereby affirm the administrative approval of Officer Kehoe's
request to use an additional six (6) eight (8) hour days for the calendar year 2015
from his sick bank to be charged as family illness.
Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney, and adopted, it was
15-64 RESOLVED, That the Civil Service Commission does hereby affirm
the administrative approval of the eligible list for Police Officer (958D o.c.).
Paget 1331° Regular Meeting Aptl122,21)15
Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney, and unanimously adopted, it was
15-65 RESOLVED, That the Civil Service Commission does hereby affirm
the administrative approval of the eligible list for Library Aide 1 (1002 o.c.).
Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney, and unanimously adopted, it was
15-66 RESOLVED, That the Civil Service Commission does hereby affirm
the administrative approval of the eligible list for Police Service Aide (964D o.c.).
Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney, and unanimously adopted, it was
15-67 RESOLVED, That the Civil Service Commission does hereby affirm
the administrative approval of the eligible list for Assistant City Engineer
(1371 p.).
Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney, and unanimously adopted, it was
15-68 RESOLVED, That the Civil Service Commission does hereby affirm
the administrative approval of the eligible list for Assistant Superintendent of
Public Service (1372 p.).
The Commission received and fled the following:
a. Status of Temporary Employees Report for March 2015.
b. Non -Resident Report as of April 1, 2015.
C. Current Open -Competitive and Promotional Eligible Lists as of April 1,
2015.
d. Affirmative Action Report for March 2015.
e. Council Resolutions from the Meeting of March 16, 2015, with minutes to
be approved April 1, 2015:
#64-13, confirming the reappointment of Audrey Greenleaf, to the Board
of Ethics for a three-year term commencing March 1, 2015 and expiring
March 1, 2018.
#65-15, confirming the reappointment of Jacob Ghannam, to the Board of
Ethics for a three-year tens commencing March 1, 2015 and expiring
March 1, 2018.
f. Letter of April 7, 2015, to the Civil Service Commission from Denise C.
Maier, SPHR, Human Resources Director, regarding her probationary
period.
g. Expiring eligible lists for the month of May 2015 — Secretary 1 (938 o.c.).
Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney, and unanimously adopted, it was
15-69 RESOLVED, That having reviewed the letter of March 5, 2015,
from Brian Wilson, Superintendent of Public Service, and Kevin L. Maillard,
Director of Public Works, as approved for submission by Jack E. Kirksey, Mayor,
Page 1331° Regular Meeting Aptl122,21)15
requesting to establish a new classification of Roads and Parks Supervisor, the
Civil Service Commission does hereby approve the establishment of a new
classification of Roads and Parks Supervisor with a 5 -step salary range, having
approximately 4% differential between steps, of $62,566.40 to $73,008.00.
Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney, and unanimously adopted, it was
15-70 RESOLVED, That having reviewed the letter of March 26, 2015,
from Michael T. Slater, Director of Finance, requesting an opercompetitive
examination for Account Clerk I and proposed qualifications and parts of
examination and weights, the Civil Service Commission does hereby refer this
item to the next meeting.
Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was
15-71 RESOLVED, That having reviewed the letter of March 26, 2015,
from Michael T. Slater, Director of Finance, requesting a promotional
examination for Accountant 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:
Are employed in the Finance Department; and
Have regular status as an Account Clerk III.
Possess a Bachelor's Degree from an accredited college or university with
a major in Accounting, Finance or related business degree; and
Have one (1) year governmental work experience in Accounting or
Bookkeeping.
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
15-72 RESOLVED, That having reviewed the letter of March 26, 2015,
from Brian Wilson, Superintendent of Public Service and Kevin Maillard, Director
of Public Works, requesting an open -competitive examination for Water & Sewer
Supervisor 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 1331° Regular Meeting Aptl122,21)15
QUALIFICATIONS
By the closing date of this announcement, an applicant 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 ten (10) years full-time experience supervising the maintenance and
repair of water distribution and sanitary sewer systems; and
Possess a Michigan Department of Environmental Quality S-1 Drinking
Water Operator Certificate; and
Must possess and maintain a valid Michigan Driver's License; and
Be familiar with computer software including spreadsheets, word
processing, databases, etc.
PARTS OF EXAMINATION AND WEIGHTS
Interview -100%
Background Investigation — Pass/Fail
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
part of examination in order to be placed on the eligible list.
Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian, and unanimously adopted, it was
15-73 RESOLVED, That having reviewed the letter of March 30, 2015,
from Daniel T. Putman, Information Systems Director, and Michael T. Slater,
Finance Director, requesting an open -competitive examination for GIS -Computer
Administrator 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 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 completed at least a Bachelors Degree in a GIS related field or five
years of GIS computer related work experience.
3. Geographic Information Systems Professional® (GISP) Certification is
preferred.
4. Knowledge of MS SQL Databases.
5. Have a valid drivers license.
Pages 1331' Regular Meeting Apn122, 2015
PARTS OF EXAMINATION AND WEIGHTS
Interview — 100
NOTE: In the event the number of qualified applicants exceeds len (10), an evaluation will be
made of the applicants and the len (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
15-74 RESOLVED, That having reviewed the letter of April 7, 2015, from
Brian Wilson, Superintendent of Public Service and Kevin L. Maillard, P.E.,
Director of Public Works, requesting status as a Public Service Worker II for
Jeffrey Carlsen, the Civil Service Commission does hereby grant status to
Mr. Carlsen, as a Public Service Worker II.
Chairman Cambridge requested that Ms. Maier update the Commission on the establishment
of the eligible list for Superintendent of Parks and Recreation (1007 o.c.). Ms. Maier staled
there were a total of fifteen (15) candidates that interviewed for the position. Seven (7)
candidates had a passing score and the list was compiled today. The interviews took place
yesterday, April 21, 2015, with a panel of three (3) outside consultants from different
communities. These interview scores were based on the interviews yesterday.
Mr. Cambridge asked what the next step would be. Mr. Washington advised the top three
names on the eligible list would be certified to the Department or Appointing Authority.
Mr. Johnson, Chairman of the Parks and Recreation Commission, was at our meeting in
February, and it was explained to him that the Parks and Recreation Commission will interview
the top three candidates and make a choice. The rule says the Appointing Authority shall hire
one of the top three (3) candidates.
Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian, and unanimously adopted, it was
15-75 RESOLVED, That the Civil Service Commission does hereby affirm
the administrative approval of the eligible list for Superintendent of Parks and
Recreation (1007 o.c.).
Curtis Caid, Police Chief, was present at the meeting to discuss a request for a change in the
qualifications and parts of examination and weight for the promotional examination for Police
Officer. Chief Caid explained that a while ago they requested a modification to the open -
competitive Police Officer qualifications to widen the pool and recognize either prior military
service or prior Police experience in lieu of the college degree. Chief Call said he assumed at
the time was that it would flow to the promotional aspect from Police Service Aide to Police
Officer, which he stated was incorrect.
Page 1331° Regular Meeting Aptl122,21)15
Chief Call stated he was asking the Commission to adopt similar qualifications of the open -
competitive Police Officer process for Police Service Aide to Police Officer.
Derrick Washington stated the only difference is we are adding a four-year degree from an
accredited college or university or possess four (4) years of full-time qualified work experience
or an equivalent combination of college education and full-time qualified work experience.
That opens up the promotional examination to the same qualifications as what is listed for the
open -competitive.
Chief Cad staled the Commission also approved the mandate of six (6) months experience as
a Police Service Aide prior to being considered for promotion to Police Officer. Chief Call
previously asked for a waiver for that to give him the ability to waive that requirement. That
waiver expired March 1, 2014.
Mr. Tatigian stated they should adopt the first part separately. Ms. Mahoney asked the Chief if
the waiver impacted this or if they were they two separate items. Chief Call stated it was on
the same announcement for the same promotional examination. It is the Police Service Aide
promotional announcement to Police Officer.
Derrick Washington, stated the waiver was listed as a part of the promotional announcement.
Ms. Mahoney stated she thought the motion was to approve this document and then Chief
Call mentioned the additional piece. Mr. Tatigian asked to make it separate but if that is part
of this document it should be included. Mr. Washington referenced the section of the letter
that the Chief requested the qualifications mirror those of the Police Officer open -competitive
qualifications and the Commission extend the six (6) month's service waiver to at least 2017.
Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney, and unanimously adopted, it was
15-76 RESOLVED, that having reviewed the letter of April 16, 2015, from
Curtis Cad Police Chief, and the memorandum of April 22, 2015, from Derrick
Washington, Personnel Analyst II, requesting a change in the qualifications and
parts of examination and weight for the promotional examination to Police
Officer, and having discussion with Curtis Caid, Police Chief; and Derrick
Washington, Personnel Analyst II, the Civil Service Commission does hereby
approve the modified the qualifications for the promotional examination to Police
Officer as follows:
QUALIFICATIONS
This examination is open only to employees of the City of Livonia, who by the closing date of
the announcement:
1. Are employed in the classification of Police Service Aide; and
2. Are at least twenty-one (21) years of age; and
3. Possess a High School Diploma or General Educational Development
(GED) Test; and
4. Have been awarded an Associate's Degree in Law Enforcement or Police
Administration or a Bachelor's Degree in any non -Criminal Justice
Pagel 1331° Regular Meeting Apnl22,2g15
discipline from an accredited college or university; or possess four (4)
years of full-time qualified work experience; or possess an equivalent
combination of college education and full-time qualified work experience;
or upon graduation from an MCOLES approved training academy will be
awarded an Associate's Degree in Law Enforcement; and
5. Are one of the following:
(a) A certified Michigan Police Officer; or
(b) Certifiable as a Police Officer in the State of Michigan, subject to
verification by the Michigan Commission On Law Enforcement
Standards (MCOLES); or
(c) Currently enrolled in an MCOLES approved training academy and
certifiable by the promotion date; and
6. Able to pass a physical examination by the City Physician to determine
they are free from any physical defects, chronic diseases, organic
diseases, organic or functional conditions, or mental and emotional
instabilities which may lend to impair the efficient performance of duties or
which might endanger the lives of others or the individual employee; and
7. Have passed an MCOLES physical agility test within twelve (12) months
of date of promotion; and
8. Have met all other standards (see attachment for more detailed
information) as required by MCOLES RULES 28.14203 through 28.14207
of The Policies And Procedures Manual of the Michigan Commission On
Law Enforcement Standards (Rev. 2009) for certification as a Police
Officer; and
9. Possess and maintain a valid vehicle operators license and have an
acceptable driving record.
At time of certification to department for hiring consideration, candidate must:
1. Have at least six (6) months service as a Police Service Aide with the City
of Livonia; and
2. Have satisfactory performance reviews.
PARTS OF EXAMINATION AND WEIGHTS
Departmental Rating -60% Orel Interview -40%"
"In the event the number of qualified applicants is the same or less than the number of
vacancies, the Parts of Examination and Weights will adjust to 100% Departmental Rating.
Candidates must pass the Departmental Rating and Oral Interview in order to be placed on the
eligible list. Candidates on the eligible list must take and pass the Michigan Commission on
Law Enforcement Standards (MCOLES) Physical Skills and the Physician's Medical
examination to qualify for the Police Academy within 180 days prior to the start of the Academy
and possess a valid reading/writing test.
Page 1331° Regular Meeting Apn122,2D15
Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian, and unanimously adopted, it was
15-77 RESOLVED, That at the request of Curtis Caid, Police Chief, in
addition to the qualifications for the promotional Police Officer examination
mirroring those of the Police Officer opens mpetitive examination, the Civil
Service Commission does hereby grant the request of Chief Caid to extend the
six (6) month experience requirement waiver for individual candidates as
recommended by the Police Chief through December 31, 2016.
Ken Widmer, Chief Roads Steward, AFSCME Union Local 192, introduced himself and
explained that he was present to discuss AFSCME Union Local 192 Grievance #15-04, dated
February 12, 2015, from Local 192 members, regarding the assignment of employees to snow
plowing.
Mr. Widmer stated during one of the snowfalls this year which occurred February 2 and
February 3, 2015, Arnold Pollis who is a Foreman for Building Maintenance was called and put
on two separate shifts to work overtime to perform snowplowing which is a 192 job.
Mr. Widmer stated the contract language was very clear and he cited Article 53.E.,
Performance of Work. Mr. Widmer stated non -bargaining unit employees shall not perform
bargaining unit work except in emergencies or when an issue can be resolved with immediate
attention. It is recognized that a Foreman has a responsibility to train an individual, by
example if necessary to perform a task property and safely. All productive work in the Public
Service Division will be performed by the non -supervisory Employees of the Division both
during and outside of regular working hours.
Mr. Widmer stated snow plowing falls into that category and this was not an emergency
situation. This issue was also discussed during negotiations. An emergency situation would
be where life or property is immediately threatened. A supervisor can then step in and
intervene and help out but under a condition like this, it is very clear in the contract language
that it is not allowed for a supervisor to come in and plow snow and work at a 192 job.
Mr. Cambridge stated he appreciated Mr. Widmer being at the meeting. He asked Mr. Widmer
to tell him a little more about why he thought an emergency did not exist on that day.
Mr. Widmer stated an emergency is generally construed as life or property being in immediate
danger and in a snowfall neither of those qualify.
Mr. Cambridge asked Mr. Widmer why he said that. To his recollection, there was nearly 14
inches of snowfall and everything was shut down and every unit of government declared that a
day of emergency. He asked Mr. Widmer why he didn't think that was an emergency.
Mr. Widmer said with regard to the language, it states it's for immediate attention. Secondly,
on that particular snowfall, this was scheduled in advance. They actually had more 192
employees on the job plowing than there were trucks available. For a large portion of this
time, employees doubled up in trucks because there were so many 192 employees that
responded and were taking care of the plowing. Mr. Widmer stated they weren't saying that
Mr. Pollis as a supervisor cannot come in and work. There are plenty of jobs available for a
supervisor during those times, such as working with the outside contractors. They need
Foremen out to check on conditions of roads and to help organize. The union is more than
Page 1 331 ° Regular Meeting Apn122, 2015
happy to have every available body for that. But under the condition of coming in and working
and doing the 192 job, that's just not allowed and it's clear in the contract that it's not allowed.
Mr. Cambridge asked if there were any 192 members who weren't working at that moment and
were waiting for a truck. Mr. Widmer said no, there were no union members that were
disposed by this. Mr. Widmer stated as far as aggrieved employees, they had the whole union
body. They did not have one individual that was aggrieved but the entire body, based on a
break in the contract language. Mr. Cambridge stated he read the contract and it clearly said
to him that a grievant must be an employee or employees and the grievant has to sign the
grievance. He asked Mr. Widmer to explain that a little bit. Mr. Widmer stated that prior to
fling the grievance he called AFSCME to deal with that specific issue and he was told that
because this is a breach in contract, it doesn't affect any specific employee, that a grievance
can be fled based on the entire Union body. The Union was not asking for any specific
compensation for any employee as a remedy. They were just looking to make sure that in the
future the language in the contract is followed and that this doesn't happen again.
Mr. Cambridge asked how the Union came to that legal conclusion. Why was it so clear to
them that the Local could file a grievance that it seems like employees are supposed to file?
Mr. Widmer explained that the Employees are filing it, he was just the steward. The
employees came to him with this and he was filing it on behalf of all the employees in the
Union. There is not a specific employee that was aggrieved, it's all of them.
Mr. Cambridge noticed a gentleman standing behind Mr. Widmer and asked if he wanted to
speak regarding this grievance.
Ed Hoffman, Equipment Operator III, introduced himself and stated he has been a City
employee for about 18 years. He stated the contract clearly states Foremen can train by
example but not necessarily do the 192 union jobs. It has been that way since the day he was
hired. He believed this is clear and blatant. As far as an emergency situation, a lot of cities
declared emergencies but was property in jeopardy? He didn't think so. Were lives in
jeopardy? He doubted that. Mr. Cambridge asked with all the snow that fell that day why he
thought that. Mr. Hoffman asked how property could be at risk if they were plowing streets.
Ms. Mahoney staled her streets were not plowed. Mr. Hoffman further stated the Foremen
have responsibilities of their own. Mr. Pollis is a Foreman. Mr. Hoffman stated he had to
clean up after contractors. If this individual in question was doing Foreman work which is
watching the contractors, he wouldn't have to go back out and plow or re -plow what
contractors didn't do. The contractors went through the area and left snow three and four feet
from the curb. If Mr. Pollis was out watching the contractors, and made the contractor do what
he was supposed to do and get it plowed curb to curb, Mr. Hoffman wouldn't have to go back
and re -plow what the contractor already plowed.
Mr. Cambridge clarified that he understood their grievance was that plowing was a 192 job and
192 employees had to do it. He didn't think it had to do with going back and cleaning up after
contractors. Mr. Hoffman staled he thought it went hand-in-hand, but it is his job and he didn't
want somebody doing his job. He was very capable of doing his job. Mr. Widmer continued
that Mr. Wilson wrote in the Step II Disposition that in the past Supervisors and Foremen had
done some work and they have come out and shoveled walkways, cleaned out parking spots
and contractually, we could write a grievance on that, but it would be petty. Mr. Tatigian stated
Page 10 1331' Regular Meeting Apn122, 2015
the City actually does contract out and they are doing 192 jobs. Mr. Widmer stated there are
contracts where contractors do come in because of the lack of equipment and the amount of
people we have to fill that equipment, there is an amount of work that is contracted out.
Mr. Tatigian asked if there were any 192 employees that didn't work that were able to work.
Mr. Tatigian thought the Commission should hear from the City on this matter.
DuWayne Stratman, President, AFSCME Union Local 192, introduced himself and stated they
just went through contract negotiations and they spent a lot of time with these individuals and
one of the things they did in negotiations was clarify the jobs that could be done by the
Foremen. At their insistence, they worked through this part of the contract and they agreed
that there were occasions where a supervisor, through an emergency type situation should be
able to do something. If there was a muffler laying in the middle of the road, that is a traffic
hazard, the Foreman can just stop his car and throw it to the curb. Maybe it was a 192 job but
doesn't it make sense for him to do it? The Union said this was an emergency that they would
assist in this manner. If there was an axe laying out in the middle of a driveway, a Foreman
could stop and pick it up, but he should not be doing a job that was a 192 job or a job that the
City has agreed to outsource. If the City is going to outsource every job, outsource the
Foremen too.
Mr. Tatigian asked if cars are barred from parking on the streets that means it was declared an
emergency. Mr. Stratman explained that Mr. Pollis wasn't needed to do this job. Mr. Stratman
stated they had 192 people who could have driven that truck. The employees were waiting to
drive that truck. The employees were doubled up and Mr. Pollis wasn't needed to be in that
truck and all they are saying is if you are going to agree in the contract, let's not play these silly
games.
Mr. Cambridge stated he was still trying to understand this snow removal issue. He asked
Mr. Widmer if it was true that somebody's road got plowed at that moment in time because a
Foreman got into a truck because a 192 employee was not available. Mr. Widmer said no that
is not true. Mr. Cambridge asked him to explain that to him. Mr. Widmer stated they had
every available body in on both of the days that Arnold Pollis was there. They actually had
more employees than they had trucks available. Some trucks actually had more than one
union body in it because there wasn't enough equipment. Arnold Pollis did go out in City
equipment and plow roads while this was happening so part of the issue is that it is a clear
violation of contract language for him to be doing the job and he wasn't needed to do the job.
They had more than enough 192 employees to do the work. Mr. Cambridge asked if there
was a 192 member that was in the yard at that moment who could have climbed into that truck.
Mr. Widmer said yes. Ms. Mahoney stated that is not what Mr. Widmer said earlier. Mr.
Widmer apologized if he misspoke earlier.
Mr. Cambridge asked to hear from the City.
Brian Wilson, Superintendent of Public Service, stated the Grievance was submitted without a
grievant's signature or signature(s) and that is a requirement under the provisions of their
contract. They already discussed that no employee from 192 was denied work during this
snowstorm and the cleanup work from that February V stone. In snow emergencies the
opposite occurs and they have Clerical personnel, Custodial personnel, Animal Control
Officers, and Engineering personnel all out plowing. Mr. Wilson stated there was fourteen
Page 11 1331' Regular Meeting Apn122, 2015
inches of snow that fell in Livonia which was the equivalent of 31/2 normal snow emergencies.
We had a region that was completely gridlocked. Emergency vehicles could not get into
neighborhoods. Everything was shut down, so the idea that this wasn't affecting the health
and welfare and the ability for somebody to get an ambulance or EMS to get to their house is
absurd.
Mr. Wilson stated there were seven (7) declared snow emergencies in the previous winter,
which incidentally, this Foreman plowed all last winter without argument. Mr. Wilson
referenced the 192 contract, Article 2, Management Rights and Responsibilities, that is specific
to emergencies. The very reason the language is there is for snow storms, severe summer
storms or for something like a tomado or a plane crash. It is understood by all that in times of
emergencies the Managers of the department have all the Flexibility needed to make work
assignments in emergency. Mr. Wilson cited paragraph I. which states "No policies and
procedures covered in this Agreement shall be conslmed as delegating to others or as
reducing or abridging any of the following authority conferred, in this case, the Department of
Public Works, to take whatever actions are necessary in situations of emergencies to perform
the functions of the department.
In effect, the language in Management Rights is specifically worded to supersede any other
language in that bargained agreement. The Department of Public Works has told the Union
on numerous occasions that they want to use in-house personnel before contractors whenever
and wherever possible. During each snowstorm, progress is tracked, our clean-up practice is
constantly tracked and the contractors are released as soon as possible to have our personnel
complete the plowing effort while we are still ensuring we have timely service so our citizens
and the motoring public get about their lives following a snowstorm. What Management
cannot do is give up their rights that are contained under this specific contract language to
address emergencies of which the paramount issue is public safety, health and welfare. That
foresight was put into place many years ago and it has been exercised countless times since
then.
Mr. Cambridge asked Mr. Wilson if a 192 employee could sign a grievance form, why can't the
union representatives? Mr. Wilson stated their contract language specifically states that we
have to have someone with standing, someone who is aggrieved that we can address through
a remedy of some kind. If an employee was worked out of tum and that person should have
been called first and they deserve that overtime, there is a remedy to present to them. We
have no one withstanding in this grievance and no remedy to resolve a grievance. Mr.
Cambridge asked what the harm is in all of this. Is it about overtime? Was there a 192
member who could have worked overtime and made more money? Mr. Wilson stated there
was no one aggrieved in this situation. Everyone that wanted to work the snowstorm from 192
could work the snowstorm. In fact, we make efforts that anyone in classifications that do not
require them to have a commercial driver's license in order to use equipment to plow the snow.
We train them. They are paid for their training. The City pays for their license. The City will
train anyone to have those personnel resources available in these emergencies.
Mr. Cambridge asked to hear a little more about that. We heard from the Union representative
who was a little confused at one point but he ultimately said that there were 192 members who
were sifting in the yard ready to get into the truck that the Foreman drove. Is that accurate?
Mr. Wilson said the first point in that regard is, how would he know? He wasn't there. Mr.
Widmer stated he was there. Mr. Wilson stated in any snow emergency you have a situation
Page 12 1XM1 Regular Meeting Aptl122,21)15
where you have personnel coming on shift and personnel going off shift. They are fighting this
snowstorm from the very beginning keeping routes open, salting, and plowing. In this case, it
was a Sunday when during a vicious, heavy snowfall, they were out there plowing over and
over again. A lot of those employees then went home and we brought in additional personnel
and additional shifts. Do we double up sometimes individuals into a truck and what is the
reason for doing that? Yes, we do that because sometimes some of these individuals haven't
plowed for a while. They are not necessarily someone that does this kind of work day in and
day out. Those employees need training and acclimation to get back into the ability to know
what is necessary for this plowing. It is not unusual to take an individual and put them with an
experienced plow individual and have them ride together for the first couple of hours. They
know they have more people coming off shift. They are also in constant contact with the
equipment maintenance section throughout a snowstorm because the equipment is taking a
beating. There is equipment that breaks down and our mechanics do a tremendous job of
getting the equipment back up and running. Mr. Wilson indicated the scheduling is very fluid in
these situations.
Mr. Cambridge asked if it was true that at that moment in time when the Foreman got into the
truck, that somebody's street got plowed that wouldn't have. Or was it true that somebody's
street got plowed sooner because of that? Mr. Wilson said that was their goal and that is what
occurs. Mr. Cambridge asked if that was what happened? Did somebody's street get plowed
sooner rather than later because a Foreman was utilized? Mr. Wilson stated they had
additional plowing done because of that operational decision. At a certain point, they had to
pull the Foreman from doing plowing because there were heating emergencies throughout our
facilities. In an emergency situation the Foreman is pitching in working on the HVAC systems
himself. But that is what occurred at that time. Did some roads get plowed that wouldn't have
been plowed? Yes. Did we have to pull the Foreman because of other emergencies? Yes.
Kevin Maillard, Director of Public Works, stated they did have employees doubled up. All
hands were on deck and they had a number of employees that had not plowed before. Water
and Sewer people, etc. The ultimate goal of the Department is to limit the number of
contractors that are doing the plowing for the streets. Mr. Maillard stated that right now it is
70% City employees doing the plowing and 30% being contracted. It has been because of the
cooperation of the Unions and the personnel coming in. Our employees really did a terrific job
and Mr. Wilson was correct. As soon as we can release the contractors, they are out of the
picture. They are much more expensive than having our own employees do the work. The
plowing was finished by Tuesday morning, which was basically 12 hours ahead of what he
thought they could possibly have it done. We had a lot of employees that came in at 100 a.m.
and 2:00 a.m. that had never plowed before. That is the reason the employees were doubled
up. They were getting trained by employees that had plowing experience. As soon as the
individuals are able to plow on their own they were in their vehicles. They weren't waiting for a
vehicle they were waiting to go with an employee to get trained. The vehicle that the Foreman
took was available and he worked approximately six (6) hours total. At 7:00 a.m. he came to
Mr. Maillard and the heating systems were out and that was the only hours he worked. Would
he have worked 14 hours if he were available? You bet he would. Were streets plowed that
would not have been plowed in a timely basis because the Foreman helped out? Absolutely.
Mr. Maillard stated there were over 30 vehicles out plowing. The City personnel did a terrific
job and it was an emergency. The City was gridlocked. As far as what he saw around the
surrounding communities, Livonia was at least a day and a half ahead of everybody else in
plowing the streets. Mr. Cambridge appreciated Mr. Maillard saying that and he agreed, as a
Page 13 1331' Regular Meeting Apn122, 2015
resident of the City. It was truly a team effort and we should thank the employees who work
for all of the residents. Mr. Maillard advised that one day the City will get to the point where
they do all their own plowing.
Mr. Widmer wished to answer one of the prior questions from Mr. Cambridge regarding Mr.
Pollis and he stated no additional work was done with Arnold being in the truck. Mr. Widmer
slated every available truck was on the road and the employees were doubled up in vehicles.
If you take him out of the equation, the truck will be occupied by two employees, so there is no
additional work being performed. Mr. Widmer reiterated he was there. He punched in with
Arnold at the same time. He also stated he was one of the people who waited behind Arnold
who got to his truck before he did. Mr. Widmer stated that when Mr. Wilson spoke about Mr.
Pollis plowing last winter, Arnold was a 192 employee at that time. He received his upgrade
over the course of the year when he was promoted to the position which is why nothing was
grieved last year. All of the other positions that were mentioned where employees in other
classifications assisted, those are all 192 positions that received snowplow training. They are
all qualified to plow based on their language. The reason this is important is because if you
start bringing another group of individuals that can come in and use their trucks and plow the
roads, that many more Union positions may not be filled in the future because they are pulling
these employees from a different pool. That's why it's important. If they would like to
negotiate during negotiations to change this language to make this an available option for
them, that's fine, but it's a matter for negotiations. But currently under 192 contract language,
Arnold Pollis, as a Foreman, cannot get into a truck and plow.
Mr. Cambridge stated the average Livonia resident knows nothing of these labor matters and
contracts. He asked Mr. Widmer if he thought the average Livonia person would think there
was certainly an emergency that day and what he thought the average citizen would say about
whether it was right or wrong for one City employee who was a Foreman to hop in the truck
and get to work and plow some streets? At the end of the day what brings us all to the City
and to this room tonight is service, right? Mr. Widmer responded he thought the average
citizen doesn't care who plows their road as long as it gels plowed and he thought the average
citizen would be very happy because we did it. We were able to finish the whole City in about
two (2) days and a lot of it was due to Kevin's organization of the whole matter. Mr. Widmer
understood the average Livonia citizen may not care who is in that truck, they might jump in
and do it themselves. But under the contract language, that individual is not allowed to get into
a truck and plow and we had more than enough Union employees. There were more Union
employees than trucks. There is no reason for him to be plowing unless he is performing
Supervisory duties, which he wasn't needed for.
Ms. Mahoney stated some employees needed to be doubled up in order for training to occur.
The individual in question was a 192 snowplow operator. Mr. Wilson stated that was not
accurate. Mr. Widmer said no that was not accurate. At the beginning of December, Mr. Pollis
was appointed that position, the Building Maintenance Foreman, worked in that position
temporary. Since then he took an exam and was certified from the eligible list and is now in a
regular appointment, but since December of 2014, he plowed all last winter as a Foreman.
Ms. Mahoney was trying to understand that there is a 192 employee who could ride in a truck
and Arnold Pollis could get in the truck and plow. Ms. Mahoney stated she happened to be a
resident whose road didn't get plowed in the 2-1/ days, and even her service couldn't get in to
plow and when they finally got there in the middle of the night, the next morning the City came
by and plowed her back in. Ms. Mahoney stated that Mr. Widmer based the whole grievance
Page 14 1331° Regular Meeting Apri122, 2015
on the fact that it was not an emergency to get that snow plowed. She stated when she looks
at the Management Rights clause, if it was an emergency, it doesn't matter. The fact of the
matter is the City needed to get people in trucks and if they determine at this moment that it
was Arnold who goes in the truck, it's done and the roads gel plowed. But what is really
concerning her is that Mr. Widmer felt that it was not an emergency based on the contract,
therefore the Management Rights clause didn't apply. She was saying it was an emergency
and the Management Rights clause allows the City to get accomplished what needs to be
accomplished for the safety of the citizens. She was confused why Mr. Widmer made a
mistake on that. The fact of the matter is Mr. Widmer said very strongly that this was not an
emergency in his mind. Mr. Widmer clarified that it was definitely an emergency as far as
citizens are concerned but as far as contractual language, it wasn't an emergency. Ms.
Mahoney didn't think there was a difference. That was her concern with Mr. Widmer's
presentation.
Mr. Cambridge stated if there was any new information he would welcome comments. Mr.
Hoffman stated the contract language clearly states the Foreman language. He stated he
could be an aggrieved employee. If Arnold the Foreman wasn't doing his job and he wasn't in
that truck it would have been an opportunity for him. Instead of working 14 hours, he could
have worked 16, 17 or 18 hours, and possibly get into double-time. So Mr. Pollis was taking
money out of his pocket by not getting that additional overtime opportunity. Mr. Hoffman then
told Ms. Mahoney anytime she was plowed in she could call DPW and they would take care of
her driveway.
Mr. Cambridge pointed out there was a difference of opinion of whether there was in fact an
emergency or an emergency under the contract. If it was an emergency under the contract,
would the Union agree that the discussion should end at that point? Mr. Widmer said yes.
Mr. Cambridge stated the Union would acknowledge that Management would have the right to
do what the circumstances require. Mr. Widmer said absolutely. He further stated they have
had that happen on several other occasions where something happens that needs immediate
attention. Mr. Widmer stated this was a situation where a Foreman was called two days ahead
of time to be put on this overtime schedule.
Mr. Cambridge stated he appreciated everything the Union has said. Mr. Tatigian stated if the
Union had someone grieving the matter because they could have worked but didn't that was a
legitimate grievance. But arguing about the language was not legitimate because
Management has been doing this for a long time. Mr. Tatigian stated he did recall this
snowstorm and was greatly appreciative of the good work performed by all the DPW
employees.
Mr. Cambridge stated he respected the importance of this contract. But for him this discussion
ends atter the question was asked if this was an emergency. He believed that it was. It was
an emergency in fact and he believed it was an emergency under the contract. For him, that
ended the discussion. It was up to all of us to agree that an emergency exists and the City
needed to utilize every employee possible to handle the emergency situation because that was
the right thing to do for the community.
Mr. Tatigian reiterated that if the Union could show there were people who could have worked
but didn't it would be something they could really look at. The City declared an emergency
and that was strong evidence.
Page 15 1331' Regular Meeting Apnl22,2g15
Mr. Widmer stated to clarify an emergency, everything we do, as 192 employees is an
emergency. Whether it is a water break, sewer back-ups, or snowplowing. Every job they
perform is in a sense an emergency. He further stated the reason that language is in their
contract is to protect their jobs. To bring another pool of people in means there is a position
that cannot be filled by 192 employees. The specific language in the contract was brought up
just in our most recent negotiations.
Mr. Tatigian stated that for Management to use a higher paid employee must have meant
there was a real need for all employees to help handle the emergency. Mr. Hoffman stated he
was grieved because he didn't get to work over 14 hours. He would have kept plowing and he
would have been more than happy to and he could have gotten into some double-time.
Mr. Hoffman asked why there weren't any other Foremen out there plowing if it's
Management's Rights. Mr. Hoffman stated the Foremen that have been here longer know
better. Arnold Pollis is a new Foreman and he may not have understood that Foremen don't
do our jobs.
Ms. Mahoney stated Mr. Hoffman could have signed the grievance because he didn't get more
than 14 hours. Ms. Mahoney firmly believed that everything 192 employees do has a sense of
emergency around it relative to an emergency for a portion of the City. When a snow
emergency is declared, it is announced and cars are to be removed from the streets. That to
her, is an emergency. People's lives were impacted. There was no way if she needed EMS
they could have gotten there. So lives were at stake. Ms. Mahoney stated this was an
emergency and the Management Rights clause should kick in. What the Union asked for in
the grievance was that Management use and live by the contract and she believed that they
did in this instance.
Kimberly Buchholz -Lewis, Public Service Worker II, introduced herself and stated she has
been with the City for 25 years and she has done a lot of snow plowing. She believed what
the Union was stating, in her opinion, was that Arnold Pollis was used in the wrong capacity. If
they wanted him in a truck plowing, they already heard that an Animal Control Officer was
training a clerical worker. In the future, maybe they could use Arnold Pollis as a Foreman and
he could be the one training the new people, not out plowing by himself. He could be a trainer
or that he could be out following the contractors. There are usually two Foremen in the office
marking the maps and two Foremen out on the roads. But there are not as many Foremen as
there used to be. She personally went to clean up after the contractors. The snow was four
feet away from the curb. If Mr. Pollis was out doing the Foreman's job, being used in that
capacity, in the future they would not have a problem, and the Union would not be here. That
is where we need to use Mr. Pollis, in the Foreman capacity, not in a 192 capacity.
Mr. Cambridge stated that was a fair point.
Mr. Wilson was gratified at this meeting to hear the Union acknowledge the Management
Rights section of this contract as Ms. Mahoney said it would kick in for emergency situations
allowing what happened to happen. There is a definition in the contract of what constitutes an
emergency and we will follow this definition in the future.
Page 16 1331° Regular Meeting Apn122,2D15
Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian, and unanimously adopted, it was
15-78 RESOLVED, That having reviewed AFSCME Union Local 192
Grievance #15-04, dated February 12, 2015, from 192 Union members,
regarding the assignment of employees to snow plowing, and having discussion
with Ken Widmer, Chief Roads Steward, ASCME Union Local 192; Ed Hoffman,
Equipment Operator III; Brian Wilson, Superintendent of Public Service; Kevin
Maillard, Director of Public Works; and Kimberly Buchholz -Lewis, Public Service
Worker II, 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 6:57 p.m.
Gretchen Guisbert, Secretary III
James R. Cambridge, Chairman
Charlotte Mahoney, Commissioner
Harry C. Tatigian, Commissioner