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HomeMy WebLinkAbout1183rd CSC MEETING1183rd REGULAR MEETING OF THE CIVIL SERVICE COMMISSION The 1183rd Regular Meeting of the Civil Service Commission was held on Thursday, December 5, 2002. The meeting was called to order at 5:30 P.M. Members Present: Ronald E. Campau, Chairperson Charlotte S. Mahoney Harry C. Tatigian Also Present: Nicholas Calleja, Local Union 192 Steward Elsie Graham, Clerk I John Graham, Tree Artisan Kenneth Grzembski, Local Union 192 Steward Christopher Kasprzynski, Tree Trimmer Linda McCann, Director of Community Resources Douglas Moore, Parks and Forestry Supervisor Ralph Williams, Tree Trimmer Brian Wilson, Assistant Superintendent of Public Service David G. Beecher, Personnel Analyst II Gretchen Guisbert, Secretary III Aurora Vigil, Personnel Analyst I Derrick L. Washington, Personnel Analyst II Mary E. Rutan, Human Resources Director Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian and unanimously adopted, it was RESOLVED, That the minutes of the 1182nd Regular Meeting held Thursday, November 14, 2002, be approved as submitted. Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian and unanimously adopted, it was RESOLVED, that the minutes of the 80' Special Meeting held Wednesday, November 20, 2002, be approved as submitted. The Commission received and filed the Status of Temporary Employees Report for November 2002. The Commission received and fled the Non -Resident Report as of December 2002. Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was RESOLVED, That having reviewed the departmental correspondence of November 12, 2002, from David A. Bostater, Assistant Driver, as approved for submission by Alan W. Bmndemihl, Jr., Fire Chief, requesting additional Family Sick Leave for 2002, the Civil Service Commission does hereby approve two (2) additional twenty-four (24) hour paid Family Sick Leave days, beyond the maximum four (4) twenty-four (24) hour duty days per calendar year allowed. Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian and unanimously adopted, it was Paget 1183rd Regular Meeting December5,2002 RESOLVED, That having reviewed the letter of December 2, 2002, from Peter Kunst, Police Chief, on behalf of Betty Hanwell, Clerk -Typist I, requesting an unpaid medical leave of absence, the Civil Service Commission does hereby approve an unpaid medical leave of absence for Ms. Hanwell for ninety (90) days from December 3, 2002 through March 2, 2003, pursuant to Civil Service Commission Rules and Regulations, RULE 25, LEAVES, Section 25.5 Leave of Absence. AND BE IT FURTHER RESOLVED, That should Ms. Harwell's physician medically release her to return to work prior to that date, that she will report to her supervisor to coordinate a return to work examination with the City Physician. Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was RESOLVED, That having reviewed the letter of December 2, 2002, from Robert J. Schron, City Engineer, as approved for submission by Robert J. Beckley, Director of Public Works, requesting permission to carry over vacation days, the Civil Service Commission does hereby approve Mr. Schron's request to carry over seven point zero six (7.06) days or fifty-six point five (56.5) excess vacation hours with the understanding that these hours will be used in 2003; AND BE IT FURTHER RESOLVED, That no future request will be considered to carry over excess vacation into 2004. Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was RESOLVED, That having reviewed the departmental correspondence of December 3, 2002, from Deborah Kross, Clerk -Typist II, (PPT), as approved for submission by Alan W. Brandemihl, Jr., Fire Chief, requesting to carry over excess vacation hours, the Civil Service Commission does hereby approve Ms. Kross' request to carry over ten point five six (10.56) four (4) hour days or forty- two point two five (42.25) excess vacation hours with the understanding that these hours will be used in 2003; AND BE IT FURTHER RESOLVED, That no future request will be considered to carry over excess vacation into 2004. Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian and unanimously adopted, it was RESOLVED, That having reviewed the departmental correspondence of November 15, 2002, from Roger A. Sutliff, Fire Lieutenant, as approved for submission by Alan W. Brandemihl, Jr., Fire Chief, requesting an extension of the three-year retirement limit for excess vacation accrual, the Civil Service Commission does hereby approve this request with the understanding that Mr. Sutliff be required to not exceed fifteen (15) twenty-four (24) hour accrued vacation days as of December 31, 2002, 2003 and 2004, which will then permit the maximum accrual of twenty-eight (28) twenty-four (24) hour vacation leave days for payout purposes in anticipation of his retirement date on or before December 5, 2005. Page 3 1183rd Regular Meeting December 5, 2002 Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was RESOLVED, That having reviewed the letter of November 18, 2002, from Linda McCann, Director of Community Resources, requesting an increase in pay rates for grant classifications to be consistent with the rate increase received by permanent employees during the City's present fiscal year, the Civil Service Commission does hereby approve the rate increase for these grant classifications to be effective October 1, 2002, and submits same to City Council for consideration. Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was RESOLVED, That having reviewed the letter of November 15, 2002, from Robert J. Beckley, Director of Public Works, requesting an extension of leave of absence from the classified service, the Civil Service Commission does hereby approve a leave of absence from the classified service for Mr. Beckley for one (1) year pursuant to Civil Service Commission RULE 16 Section 16.5 Appointment of an Employee in the Classified Service to a Position in the Unclassified Service. Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was RESOLVED, That having reviewed the expiring eligible list for the month of January 2003, Building Maintenance Supervisor (833 o.c.), Custodian (792-D o.c.), Park Maintenance Worker 1 (1139 p.) and Roads Foreman (1134 p.), the Civil Service Commission does hereby approve to extend the eligible list for Custodian (792-D o.c.) for an additional six (6) months. Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian and unanimously adopted, it was RESOLVED, That the Commission does hereby approve the eligible list for City Librarian (850 o.c.). The Commission received and filed the following items: a) Letters of November 27, 2002, from Mary E. Rutan, Human Resources Director, to Jack E. Kirksey, Mayor, transmitting the Annual Reports for the Civil Service Commission and the Board of Trustees for Fiscal Year 2001-2002. b) Council Resolution from the meeting of November 6, 2002 with minutes to be approved November 20, 2002: CR# 589-02 Concurring in and approving of the recommended changes to titles, job descriptions, qualifications and pay rates for temporary job classification in the Department of Parks and Recreation, to be effective December 1, 2002. Page 1183rd Regular Meeting December5,2002 Council Resolution from the meeting of November 20, 2002 with minutes to be approved December 9, 2002: CR# 615-02 Amending Council Resolution 507-02 to include fringe benefit adjustments for the classification of Deputy Police Chief and Police Captain for the period December 1, 2000 through November 30, 2003. CR# 632-02 Referring to the Department of Law the proposed restatement of the Retirement Plan Ordinance to place in proper form the appropriate ordinance amendments to chapters 2.96 and 2.97 of the Livonia Code of Ordinances for submission to Council. d) Affirmative Action Report for November 2002. The Chairperson called for the hearing of AFSCME Union Local 192 Grievance #02-05, from Ralph Williams, regarding failed probation as a Tree Artisan. Kenneth Grzembski, AFSCME Union Local 192 Parks Steward, spoke on behalf of the grievant, Ralph Williams. He stated that the grievant had failed the examination probation period for Tree Artisan because of a conflict and the bias of his Foreman. He reported that the Foreman stated to co-workers that the grievant would never pass his probation; that the Foreman issued the monthly performance evaluations late and identified issues which occurred before the reporting period; and that the Foreman had yelled at the grievant in front of a citizen's home and his evaluation comments were biased, harassing and demoralizing. Mr. Grzembski further commented that the role of the Foreman was to train the employee; that the Foreman was not properly certified to train the grievant; and that the Foreman had been given extra time after completion of his original probation period to achieve certification. Brian Wilson, Assistant Superintendent of Public Service, spoke on behalf of the Department. He stated that one of the qualifications for the Tree Artisan (822 o.c.) examination stated that the applicant "Must have or be eligible for arborist certification through the state certification program or the International Society of Arboriculture" (ISA). He reported that the grievant had been given multiple opportunities to lake the test at the expense of the City and failed to achieve certification. This resulted in Mr. Williams' failure of the Tree Artisan probation period. Commissioner Tatigian asked if other employees were given an opportunity to achieve certification after the probation period. Mr. Wilson responded that Mr. Williams had been granted an extension to his probation period to have the opportunity to obtain the certification required as a qualification for the Tree Artisan. Mr. Williams responded that he took the arborist certification test two (2) times prior to his promotion and three (3) times during his probation period. He stated, however, that he was told during his initial performance evaluation meeting that even if he passed the test he would not be rated "satisfactory" in the job knowledge category on the probation report. Page 5 1183rd Regular Meeting December 5, 2002 Commissioner Mahoney clarified that the grievant was given five (5) opportunities to pass the arborist certification test. Mr. Tatigian asked to be refreshed on why initially the Department felt no one was internally qualified for promotion to Tree Artisan and why the arborist certification was a requirement for the classification. Mr. Grzembski reviewed the unsatisfactory performance ratings issued to the grievant including attendance issues and the confrontation in the field over a tree limb removal. Mr. Wilson introduced Doug Moore, Park Maintenance Supervisor. Mr. Moore was asked to be present to respond to questions concerning the performance ratings of the grievant on behalf of the Foreman, who was absent from the meeting. Mr. Wilson stated the grievant had received an attendance review letter during the evaluation period identifying the Department's concerns involving his absence or tardiness, which was not related to his FMLA Leave. Furthermore, he stated that the grievant had failed to report for numerous emergency call outs during the probationary report period and repeatedly refused all overtime. Commissioner Tatigian questioned Mr. Moore regarding the fairness of the probation ratings issued by the Foreman. Mr. Moore discussed the reported incident on Ellen Street which continued for over one and one-half (1 %) hours, with four (4) or five (5) City vehicles on site, in the presence of several homeowners. Chairperson Campau questioned if the grievant disagreed with the Foreman's directive on that job. Mr. Wilson reported that the incident had been reviewed at a previous Labor Management Meeting and the disagreement was not a safety issue. Mr. Williams concurred and replied that he had asked Mr. Pargoff to (climb the tree) "show me" what he wanted to be done. He was concerned that the tree limb hung over a lamppost and he didn't want it to hit it. Union Steward Nick Calleja confirmed he had been called out to be present at this incident and the grievant requested the Foreman to show him. In response, Mr. Wilson stated that the disagreement which occurred was not a training issue; rather, it was an argument or refusal to follow the Foreman's directive reflecting an attitudinal problem. Chairperson Campau asked the Union representative what language in the labor contract gave this grievance merit. Steward Grzembski cited the General Article requiring "friendly and cooperative relations' was violated when the Foreman raised his voice to the grievant during the Ellen Street incident. He further stated the Foreman was responsible to train or demonstrate the procedure to ensure the employee's safety. Further, he cited Civil Service Commission RULE 17.1 pertaining to issues of Tale performance or probationary reporting which resulted in limited time for the employee to correct deficiencies. He also cited DPW Department Rule 5.14 concerning Safety Rules and Practices and past practice which allowed the Foreman to complete probation without certification in line clearance which was a required qualification. Lastly, he commented on the low number of applicants who passed the Tree Artisan (822 o.c.) examination. Employee John Graham stated that while the arborist certification test is fair, it is very difficult and requires an overall passing score of 70% on 200 questions covering 15 categories. He stated he had over 20 years experience and Forestry employees do not utilize all the areas required in the test. Therefore, he believes an employee needs added time beyond the probationary period to pass sections of test they are not familiar with. Further, in his opinion, the arborist certification should be required for the Foreman but not the Tree Artisan. Mr. Wilson responded that these issues were previously reviewed by the Commission in July 2001 when the request to announce the examination was submitted and the Department identified the need to upgrade the skills of Forestry personnel. Page 1183rd Regular Meeting December 5, 2002 Commissioner Tatigian summarized that the Commissioners authorized the extension of the probationary period to do the grievant a favor and give him more time to achieve certification and that the Tree Artisan examination required arborist certification even though previously it was not required and others (Foreman) were not similarly required. He concluded that while the Foreman was not present to rebut questions concerning "unfair" ratings, the written reports showed consistent unsatisfactory performance over the probationary period. Chairperson Campau clarified that the Commission couldn't overturn the performance rating because they did not observe the grievant's actual performance. Ms. Mahoney commented that the Commission cannot refute, reverse or undo what has been recorded on the performance/probationary reports, and while it is clear the relationship between the grievant and Foreman was not harmonious, the failure to achieve arborist certification is a matter of fact. Mr. Tatigian concluded the comments by advising the grievant he could continue to attempt to pass the arborist certification and reapply for promotional consideration in the future, however, the City cannot pay for unlimited attempts. Further, he concurred with his colleagues and stated that the Department has the discretion to rate the employee's performance with stated reasons which appear valid and the Commission could not challenge or overcome these ratings. Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian and unanimously adopted, it was RESOLVED, That having reviewed the AFSCME Union Local 192 Grievance #02-05, from Ralph Williams, regarding failed probation as a Tree Artisan, and after having had discussion with Kenneth Grzembski, AFSCME Local 192 Union Steward; Christopher Kasprzynski, Tree Trimmer; Nicholas Calleja, AFSCME Local 192 Steward; Douglas Moore, Parks and Forestry Supervisor; Ralph Williams, Tree Trimmer; John Graham, Tree Artisan and Brian Wilson, Assistant Superintendent of Public Service, the Civil Service Commission does hereby deny the grievance based on the ratings during his extended probationary period. Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was RESOLVED, That the meeting be adjourned at 6:30 p.m. Gretchen Guisbert, Secretary III Ronald E. Campau, Chairperson Page] 1103rd Regular Meeting Decemlier5,2002 Charlotte S. Mahoney, Commissioner Harry C. Tatigian, Commissioner