HomeMy WebLinkAbout1209th csc minutes1209th REGULAR MEETING OF THE
CIVIL SERVICE COMMISSION
(Revised)
The 1209th Regular Meeting of the Civil Service Commission was held on Thursday, February
9, 2005. The meeting was called to order at 5:35 p.m.
Members Present: Charlotte S. Mahoney, Chairperson
Harry C. Tatigian
Ronald E. Campau
Also Present:
Cheryl Altis, Custodian (PPT)
Theodore Anderson, Laborer
Robert Beckley, Director of Public Works
Kim Buchholz -Lewis, Construction Worker II
Ed Butler, Equipment Operator II
Rosemary Dawes, Laborer
Mark Eroh, Building Mechanic IV
Susan Flatley, Library Aide I
Arica Flores, Construction Worker I
Jacqui Gelarden, Secretary I
Maureen Gordon, Clerk -Typist II
Kenneth Grzembski, Chief Parks Steward,
AFSCME Union Local 192
John Hahka, Blue Cross Representative
Kathy Hawblitzel, Program Supervisor
Ed Hoffman, Construction Worker I
Debra Jamieson, Equipment Operator II
Lisa Johnson
Yvonne Lillibridge, President, AFSCME
Union Local 192
Charles Locke, Water Operator Mechanic II
Kathleen Monroe, Acting City Librarian
Jan Patterson, Personnel Clerk
Tommaleen Peterson, Clerk I
Marilyn Pullin, Account Clerk II
George Roumell, Attorney, Riley, Roumell &
Connolly
Sharon Sabo, Account Clerk II
Steve Schoonover, Equipment Operator I
Debra Seeman, Account Clerk 11
Norm Siira, Equipment Operator III
Tim Sprader, Park Maintenance Worker I
Robert Stevenson, Police Chief
Karen Tisher, Library Aide 11
Colleen Tomchuck, Clerk -Typist 11
Cheryl Wallman, Chief Clerical Steward,
AFSCME Union Local 192
Val Vandersloot, City Clerk
Suzanne Wenner, Account Clerk I (TA)
Daniel West, Water Meter Repairer I
Brian Wilson, Assistant Superintendent of
Public Service
Vickie Wuerth, Personnel Clerk (TA)
Audrey Young, Equipment Operator 11
Robert F. Biga, Human Resources Director
Derrick L. Washington, Personnel Analyst 11
Gretchen Guisberl, Secretary III
Upon a motion by Mr. Campau, seconded by Mr. Tatigian and unanimously adopted, it was
05-023 RESOLVED, That the minutes of the 1208th Regular Meeting held
Wednesday, January 19, 2005, be approved as submitted.
The Commission received and fled the Status of Temporary Employees Report for January
2005.
The Commission received and fled the Non -Resident Report as of February 1, 2005.
Page 2 120M Regular Meeting February 9, 2005
Upon a motion by Mr. Tatigian, seconded by Mr. Campau and unanimously adopted, it was
05-024 RESOLVED, That having reviewed the letter of January 31, 2005,
from Richard Zakalata, Custodian (PPT), as approved for submission by Robert
J. Beckley, Director of Public Works, requesting an unpaid medical leave of
absence, the Civil Service Commission does hereby approve Mr. Zakalata's
unpaid medical leave of absence from March 5, 2005 through May 14, 2005,
pursuant to Civil Service Commission RULE 25, LEAVES, Section 25.5 Leaves
of Absence.
AND BE IT FURTHER RESOLVED, That should Mr. Zakalala's physician release
him to return to work prior to that dale, that he will report to his supervisor to
coordinate a return to work examination with the City Physician.
Upon a motion by Mr. Tatigian, seconded by Mr. Campau and unanimously adopted, it was
05-025 RESOLVED, That having reviewed the letter of January 28, 2005,
from Val Vandersloot, City Clerk, requesting a promotional examination for an
Elections Systems Operator, 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
This examination is open only to employees of the City of Livonia, who, by the closing date of
this announcement are:
1. Currently employed in the Office of the City Clerk; and
2. Have regular status as a Clerk -Typist II; and
3. Have experience with elections procedures;
4. Have experience with the Michigan Qualified Voter File; and
5. Have extensive knowledge and experience with Windows Microsoft Office
and Microsoft Excel programs.
PARTS OF EXAMINATION AND WEIGHTS
Interview -80% Departmental Rating -20%`
'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 Mr. Campau and unanimously adopted, it was
05-026 RESOLVED, That having reviewed the letter of February 1, 2005,
from Alan W. Brandemihl, Jr., Fire Chief, requesting an open -competitive
examination for Firefighter 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 3 120M Regular Meeting February 9, 2005
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.
2. Be at least 18 years of age.
3. Have a high school diploma or valid equivalency certificate. Preference will
be given applicants that have a Bachelor's Degree or an Associate's Degree
in Fire Science or an EMS curriculum.
4. Hold a current State of Michigan Paramedic License or National Registry
EMT - Paramedic and be ACLS (Advanced Cardiac Life Support) certified.
5. Possess the Conference of Western Wayne Firefighter Written and Physical
Agility Test Certificates. THE AGILITY TEST CERTIFICATE MUST HAVE
BEEN ISSUED IN THE TWELVE (12) MONTHS PRIOR TO THE CLOSING
DATE OF THE ANNOUNCEMENT.
6. Possess normal visual functions and acuity in each eye of 20/100 or better,
correctable to 20/20 with eyeglasses. NOTE: AT THE TIME OF
APPLICATION, EACH APPLICANT MUST SUBMIT A WRITTEN
STATEMENT FROM A PHYSICIAN, OPTOMETRIST OR
OPHTHALMOLOGIST GIVING THE APPLICANT'S VISUAL ACUITY IN
EACH EYE CORRECTED AND UNCORRECTED. (Eye examination must
be within six (6) months from the closing date of this announcement).
7. Be free from any physical defects, chronic diseases, organic diseases,
organic or functional conditions or mental and emotional instabilities which
may tend to impair the efficient performance of duties or which might
endanger the lives of others or the individual employee.
8. Possess and maintain a valid motor vehicle operators or a basic
commercial driver's license and have an acceptable driving record.
9. AT THE TIME OF CERTIFICATION TO THE DEPARTMENT FOR FINAL
INTERVIEW AND HIRING CONSIDERATION, CANDIDATES MUST
POSSESS:
A. A current State of Michigan Paramedic License or National Registry
EMT - Paramedic, and be currently ACLS certified.
B. A Stale of Michigan Firefighter II Certificate or equivalent certification in
a state that has reciprocity.
NOTE: Candidates are required to submit original degrees/transcripts, licenses and
certifications by the closing date of this announcement.
PARTS OF EXAMINATION AND WEIGHTS
Written Test —50%* Oral Interview -50%
'NOTE: A minimum of thirty (30) candidates with the highest passing scores on the Written
Test will be invited to continue to the Interview portion of the examination process. Remaining
candidates who pass the Written Test will have their names kept on file for future reference.
Page 4 120M Regular Meeting February 9, 2005
The Commission tabled their review of the letter of January 31, 2005, from Robert Stevenson,
Police Chief, requesting a step increase for Nancy Bissell, Secretary I, until their next regular
meeting of Wednesday, March 23, 2005.
Upon a motion by Mr. Tatigian, seconded by Mr. Campau and unanimously adopted, it was
05-027 RESOLVED, That having reviewed the letter of February 2, 2005,
from Lisa Johnson, as approved for submission by Kathleen Monroe, City
Librarian, requesting reinstatement as a City employee, the Civil Service
Commission does hereby approve Ms. Johnson's request for reinstatement as
Clerk I with the City of Livonia, however, no placement may be made until the
hiring freeze is rescinded. At such time her name will be submitted to an
Appointing Authority along with the top three (3) names on the eligible list for
Clerk I employment consideration.
AND BE IT FURTHER RESOLVED, Her reinstatement shall be subject to
passing the pre-employment medical examination conducted by the City
Physician and satisfactory completion of the appropriate six (6) month
probationary period.
Upon a motion by Mr. Campau, seconded by Mr. Tatigian and unanimously adopted, it was
05-028 RESOLVED, That having reviewed the expiring eligible lists for
March 2005 - Custodian (856 o.c.) and Building Mechanic 1 (1167 p.), the Civil
Service Commission does hereby approve an extension of the eligible list for
Custodian (856 o.c.) for an additional six (6) months.
Upon a motion by Mr. Campau, seconded by Mr. Tatigian and unanimously adopted, it was
05-029 RESOLVED, That having reviewed the passing point for Building
Mechanic IV - HVAC (866 o.c.), the Civil Service Commission does hereby
approve the passing point of 61, which is one standard deviation from the
statistical mean of 69, or seventy (70%) percent, in the EMPCO written
examination for Building Mechanic IV — HVAC (866 o.c.).
Upon a motion by Mr. Campau, seconded by Mr. Tatigian and unanimously adopted, it was
05-030 RESOLVED, That the Civil Service Commission does hereby
approve the eligible list for Library Aide 1 (1196 p.).
Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was
05-031 RESOLVED, That having reviewed the information received from
Brian Mills, Mills & Motley, L.L.C. on February 3, 2005, and memorandum of
February 8, 2005 from Derrick L. Washington, Personnel Analyst II regarding the
monthly HMO and Blue Cross/Blue Shield Health Insurance Rates effective
March 1, 2005 through February 28, 2006, the Civil Service Commission does
Page 5 1209th Regular Meeting February 9, 2005
hereby approve the monthly HMO and Blue Cross/Blue Shield Health Insurance
rate increases effective March 1, 2005 through February 28, 2006.
The Commission received and filed the following items:
a. Council Resolution from the meeting of January 24, 2005 with minutes to be
approved February 9, 2005:
CR# 15-05 Designating Brian Meakin to serve as the City Council representative
on the Board of Trustees of the Livonia Employees Retirement System on a
continuing basis, or until further order of this Council by Council resolution.
b. Affirmative Action Report for January 2005.
The Commission discussed AFSCME Union Local 192 Grievance #04-27 dated December 14,
2004, regarding temporary employees in positions represented by AFSCME Union Local 192.
Ken Grzembski, Chief Parks Steward, AFSCME Union Local 192, stated that temporary
employees are employed in positions represented by Local 192. These employees were hired
during the hiring freeze. They pay no union dues. The union believes that these positions
should be posted and filled according to applicable contract provisions. He staled union
members have been denied contract rights to transfer to those positions.
George Roumell, Attorney, Riley, Roumell & Connolly, stated that the AFSCME Union Local
192 collective bargaining agreement incorporates the Civil Service Commission Rules and
Regulations and over the years there has been a past practice of hiring temporary employees.
Mr. Roumell further stated that a monthly temporary report has been provided to the Civil
Service Commission. He continued that the City is in a serious financial crisis, and anticipates
that more state aid to cities will be cut. This may lead to cutting services or layoffs. The City
wishes to work in partnership with 192 and work through this problem. The City made
proposals to 192 to address this issue, but thus far, the proposals have not been acceptable to
the bargaining team. The City thinks the best way to address this matter would be at the
bargaining table.
Yvonne Lillibridge, President, AFSCME Union Local 192, stated the union couldn't come to an
agreement because they felt it changed their contract language regarding posting procedures
and filling positions. The union is aware of the hiring freeze and they wonder how, during a
hiring freeze, the City is hiring temporary employees and putting them in 192 positions. Ms.
Lillibridge maintained that Union Local 192 transfer rights are being violated when the PRC
authorizes a 192 position to be filled with a temporary employee. The union feels their
members should have the opportunity to transfer by signing a posting for these positions.
Mr. Grzembski stated the freeze seemed to be directed primarily at 192 members.
Mr. Roumell stated that just because the first proposal was rejected, it didn't mean that other
proposals wouldn't be mutually agreeable to both the City and the union.
Page 6 129th Regular Meeting February 9, 2DD5
Ms. Lillibridge stated that generally temporary employees have been used for six months until
a test has been completed; when an eligible list is established, and then hiring a permanent
person from that list. The problem is that the six-month period has become almost a two-year
period, in some instances. The union agrees that the City can use temporaries.
Cheryl Wallman, Chief Clerical Steward, AFSCME Union Local 192, stated she and Ms.
Lillibridge met with the Mayor in November regarding 192 members being denied seniority and
transfer rights. They have an extension on the current contract and there is language that
covers this and she stated the way that they are being treated right now is an unfair labor
practice.
Ms. Mahoney inquired if this grievance was asking for the City to not have any temporary
employees, because she heard Ms. Lillibridge say that there is a need for temporary
employees and the Civil Service Commission Rules requires that at six months, the
department justify the need to continue the appointment.
Ms. Wallman responded that there have been no offers to 192 members for promotional or
transfer opportunities which are mainly clerical positions.
Debra Jamieson, Equipment Operator 11, stated that at DPW they were down to approximately
35 permanent employees and they didn't have any temporary employees helping them. She
continued that in most workplaces people that are brought in to do union jobs were called
"scabs.'
Mr. Tatigian replied that Ms. Jamieson's use of the term "scab" was a term that went way back
to the connection with union busters and he didn't think this was occurring, especially when
there is the additional protection of the Civil Service Commission.
Mr. Campau inquired if the union acknowledged Civil Service Commission Rule 16.
Mr. Grzembski responded that they did acknowledge it, but they felt their contract superceded
that because the vacancies have to be filled the correct way.
Mr. Campau inquired where the contract language was. Mr. Grzembski responded that it was
contained in Article 19. TRANSFERS, paragraph B. of the 192 contract. He also referenced
Article 21. STATUS FOR TEMPORARY ASSIGNMENTS, paragraph B. — Status for
Temporary Assignments, and Article 39 TEMPORARY ASSIGNMENT AND PROMOTIONS,
paragraphs A., B.2. and B.3. Mr. Tatigian clarified that it is mainly the clerical positions that
are affected. He continued that he thought the City should be following the Rules and
Regulations in asking for extensions or postings. Ms. Lillibridge added that Clerk I, Clerk -
Typist I, and in one instance, Tax Clerk I were affected and that 192 members were not
afforded an opportunity for a temporary promotion to Tax Clerk 1.
Ms. Lillibridge clarified that if a person took a temporary promotion, they would still remain in a
permanent employee status.
Page ] 120M Regular Meeting February 9, 2005
Mr. Roumell responded that one of the proposals would be to assure that there would be
transfers if there were a temporary vacancy. He added they were still attempting to reach an
agreement.
Robert J. Beckley, Director of Public Works, stated that this was not business as usual and the
City needs to do whatever can be done to keep the work continuing. He stated that the Tax
Clerk I was in the Treasurer's Office and the person filling that temporary position previously
worked in that position for over 25 years and is very experienced. He explained the
Treasurer's Office has lost three to four people over the last fifteen (15) years and has
reorganized, but if temporary employees weren't hired, the alternative would mean not sending
out tax statements. Temporary employees handle the work crisis and then don't work again
for a period of time. The Clerk's Office has similar temporary positions to keep up with the
election activities and general clerk functions. Filling temporary positions in this manner has
saved the City approximately $450,000 to $500,000 over an annual period. If the positions
were filled on a permanent basis, the City would have to come up with additional money. He
continued that the choices are to not f11 those positions or not continue to provide the services
or missions we are obligated to provide to our residents. The City is trying to work together in
partnership with the Union to try to provide the same level of services and to afford the
opportunities that our union members are entitled to, and the City does recognize the transfer
rights of union members.
Cheryl Altis, Custodian, stated she was permanent part-time and was working full-time hours,
but if there were a promotional test, she would take it. Sharon Sabo, Account Clerk 11,
confirmed that the person in the Treasurer's Office is hired for a 40 -hour week and considered
temporary, but it is a 192 position. She wanted to differentiate between people who come in
during tax time and the person who worked in the Treasurer's Office for a long time. This
temporary employee has returned every year and the Union has never questioned it.
Arica Flores, Construction Worker 1, stated that the Rules were already in place and they aren't
being followed. Ms. Mahoney reiterated Mr. Campau's earlier statement that it is the union's
responsibility to monitor the list and they should bring it to the Commission's attention.
Mr. Roumell reiterated that this should go back to the bargaining table to clean up the
language so there is no question about 192 members' rights for transfer or promotional
opportunities.
Mr. Grzembski asked if the union could have ten minutes to discuss some things, but the
Commission denied the request. Ms. Lillibridge stated that the language was already in their
contract, but knew the membership board would not accept the new proposal.
Kimberly Buchholz -Lewis, Construction Worker 11, stated she thought what the Union wanted
was just to follow standard posting procedures for 192 jobs. She continued that if there are
permanent positions and they utilized temporaries, the union members would have to wait to
transfer, not get experience Teaming that job and would not earn status in the job. She further
stated that the Union wasn't saying the City couldn't hire temporaries, because they know in
order to get the lawns mowed and flowers planted and different things, they do have to hire
temporary employees.
Page 129th Regular Meeting February 9, 2005
Sharon Sabo stated they have had general membership meetings discussing this very issue
and the members want it addressed now, not at the negotiating table.
Mr. Beckley stated the City doesn't feel there are clear contract provisions that address this
issue. Another issue is that of status. The offer was made at the bargaining table to offer the
employee these opportunities, but the response was "no." He continued by stating that with
the transfers, there would be difficult choices that would have to be made and it might turn out
that not all of the positions would be filled.
Mr. Roumell stated that there was nothing from preventing the Union from making a counter
proposal to the City and he once again requested the issue be remanded back to the
bargaining table with the highest priority.
Ms. Lillibridge stated that for the temporary jobs in questions, the members' rights were
violated because there was PRC approval to fill them without a posting being done. Ms.
Wallman added that they have had many discussions regarding this and they would be
continuing on with the grievance procedure.
Norm Siira, Equipment Operator III, stated that every fall the union members are afforded
temporary upgrade opportunities when they hire temporary laborers.
Mr. Biga stated he has been at the negotiating table and added that none of these
appointments have occurred since the date of this grievance. He continued that some of the
issues he has heard tonight fall into several of the proposals that the City made at the
negotiating table. He further stated Ms. Lillibridge was correct in stating the Union rejected the
entire proposal without comment, and it would have been helpful to find out what alternative
might have been offered, but they did not have that opportunity.
Upon a motion by Mr. Campau, seconded by Mr. Tatigian and unanimously adopted, it was
05-032 RESOLVED, That having reviewed the AFSCME Union Local 192
Grievance #04-27, dated December 14, 2004, from all affected employees,
regarding temporary employees currently employed in AFSCME Union Local 192
permanent positions, and having had discussion with Robert J. Beckley, Director
of Public Works; Kenneth Grzembski, Chief Parks Steward, AFSCME Union
Local 192; Yvonne Lillibridge, President, AFSCME Union Local 192; George
Roumell, Attorney, Riley, Roumell 8 Connolly; Robert F. Biga, Human Resources
Director; Cheryl Wallman, Chief Clerical Steward, AFSCME Union Local 192;
Debra Jamieson, Equipment Operator II; Arica Flores, Construction Worker I;
No" Siira, Equipment Operator III; Sharon Sabo, Account Clerk II; and Kimberly
Buchholz -Lewis, Construction Worker II, the Civil Service Commission does
grant the remedy requested in the grievance subject to the following: (1) The
City shall adhere to the six (6) month rule regarding temporary employees and
must justify to the Civil Service Commission any requests for extensions for
temporary positions in accordance with the Civil Service Commission Rules. (2)
All extended temporary and new Union Local 192 positions (those that have been
extended beyond 6 months) shall be posted for Union Local 192
Page 9 120M Regular Meeting February 9, 2005
employees who want the opportunity to transfer, in accordance with the
provisions of the AFSCME Union Local 192 contract.
Upon a motion by Mr. Tatigian, seconded by Mr. Campau and unanimously adopted, it was
RESOLVED, That the meeting be adjourned at 7:25 p.m.
Gretchen Guisberl, Secretary III
Charlotte S. Mahoney, Chairperson
Harry C. Tatigian, Commissioner
Ronald E. Campau, Commissioner