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HomeMy WebLinkAbout1217th csc minutes1217th REGULAR MEETING OF THE CIVIL SERVICE COMMISSION The 1217th Regular Meeting of the Civil Service Commission was held on Wednesday, October 19, 2005. The meeting was called to order at 5:33 p.m. Members Present: Also Present: Cheryl Allis, Custodian Michael Bailey, Vice -President, LFFU Wade Clay, Firefighter Rosemary Dawes, Laborer Arica Flores, Construction Worker I Edward Gebnar, Custodian Ken Grzembski, Chief Parks Steward, AFSCME Union Local 192 Edwin Hoffman, Chief Roads Steward, AFSCME Union Local 192 William Kuchera, Custodian Barbara Kurzeja, (signed in, but left) Yvonne Lillibridge, President, AFSCME Union Local 192 Charlotte S. Mahoney, Chairperson Harry C. Tatigian Ronald E. Campau Kathleen Monroe, City Librarian Roger Ponder, Custodian Steve Schoonover, Roads Steward, AFSCME Union Local 192 Norman Siira, Equipment Operator III Thomas Stadler, Custodian Ken Widmer, Custodian Brian Wilson, Assistant Superintendent of Public Warks Audrey Young, Equipment Operator II Richard Zakalata, Custodian Robert F. Biga, Human Resources Director Derrick L. Washington, Personnel Analyst II Gretchen Guisbert, Secretary III Upon a motion by Mr. Campau, seconded by Mr. Tatigian and unanimously adopted, it was 05-158 RESOLVED, That the minutes of the 1216th Regular Meeting held Wednesday, September 21, 2005, be approved as submitted. The Commission received and fled the Status of Temporary Employees Report for September 2005. Ken Grzembski, Chief Parks Steward, stated that on page 4 of the Temporary Employees Report there are two (2) Custodian (TPT) employees that have an employment date of October 25, 2004 and October 26, 2004. He believed the time limit for Temporary Employees was six (6) months with a six (6) month extension and that extension would be expiring. He inquired if action was being taken. Brian Wilson, Assistant Superintendent of Public Service stated that they have already been heard by their Personnel Review Committee and there are a couple of new positions that could affect the ability of these individuals to become permanent. Mr. Grzembski asked what happens after October 25, 2005 and October 26, 2005 because with an extension, that would be one (1) year. Robert Biga, Human Resources Director, explained that it was up to the department to request an extension and if requested, action could be taken to extend those employees more than one time. He added that there wasn't any prohibition as to how many extensions can be granted. Mr. Grzembski stated the Union had to agree to the extension. Mr. Biga stated he didn't believe there was any requirement for the Union to agree. Mr. Wilson stated he thought the Union was referencing Page 2 1217th Regular Meeting 01 19, 2005 Article 39 of the AFSCME Union Local 192 contract dealing with Temporary Promotions and explained that this was not a Temporary Promotion. Ms. Mahoney stated they would Receive and File this document and ask the Department and Mr. Biga to discuss what, if anything, needed to be done relative to these two (2) employees. Mr. Biga stated the Civil Service Commission received a letter from AFSCME Union Local 192 indicating Grievances #05-17, #05-18 and #05-19 were being referred to Arbitration. Mr. Tatigian clarified that these were the grievances presented last month and that a lot of time was spent on these, the Civil Service Commission was prepared to make a decision tonight and inquired if the Union was asking them to remove it from their Agenda. Mr. Biga replied that in disciplinary action cases, the Union has to elect to go to Arbitration or to the Civil Service Commission and there is no appeal from the decision rendered by either party. In this case, these were sent to the Civil Service Commission from the Union by letter indicating that they wanted these items on the Agenda. The Commission heard these grievances at the last meeting and the Commission returned these to a Labor Management committee. Labor Management met to attempt to resolve the grievances, but it was his understanding that Mr. Kasprzynski agreed with the Step 2 settlement; Ms. Jamieson and Mr. Trybus did not agree and that was what they were working on, to try to get a resolution for all three. Management indicated that they were holding off on the settlement on Mr. Kasprzynski because the other two employees didn't agree with this settlement, so it was still up in the air. After Labor Management and after making an offer in writing what the Department had agreed to do, Council 25 representative Jeanette DiFlorio advised that the settlement was not accepted and they were going to send these to Arbitration. Mr. Tatigian stated the Union couldn't get two bites out of the same apple, i.e., you can't have both the Civil Service Commission act on it and an Arbitrator act on it. Mr. Campau inquired if the Union was aware of the contract language that explains the election of remedies in these kinds of cases. Ms. Lillibridge stated they were aware. When they brought the grievances to the Civil Service Commission originally, the grievants and the stewards were under the impression that the disciplinary action of time off without pay was removed and the issue was the placement on the overtime call out list and then Mr. Beckley indicated at the last Commission meeting, those days off without pay were being held in abeyance until some sort of settlement was made. That indicated to them it was a disciplinary action, and according to the contract, they could either come to the Civil Service Commission with it and the Commission's findings would be final, or take it to Council 25 and ask for arbitration. Ms. Mahoney inquired if the Union was changing the content of the grievances. Ms. Lillibridge responded they thought they were just arguing the point of placement on the overtime call -out list. When Mr. Beckley brought the fact to our attention that he was holding that disciplinary action in abeyance until it was settled, that conveyed to us that it was still a disciplinary action and they probably shouldn't have brought it to the Commission in the first place. Ms. Mahoney pointed out that the Commission spent a good evening dealing with this issue last month. Ms. Lillibridge stated she understood and added that they couldn't come up with an agreement that was satisfactory to everybody. Ms. Mahoney stated it appeared as though they went through the conclusion of the Commission before they determined that this was taking another direction. She suggested that the Union should have stated in the last meeting, that they no longer need to be here and that they would be going to arbitration. Ms. Lillibridge stated they wanted to try to work it out, but it didn't. Page 3 1217th Regular Meeting 01 19, 2005 Mr. Tatigian inquired if they were requesting these grievances be removed from the agenda and give it no further consideration. Ms. Lillibridge confirmed that was the Union's intention. Mr. Campau stated he was loathed to do this because of the contract language stipulating they had one of two ways to go. If the Commission agreed to this, he didn't want this to be precedent -setting. Mr. Tatigian stated that once the Union presented a grievance to the Commission, and then in the middle of the proceeding decide the Commission might be mling against them, they don't want the Union to change their mind and then take the matter to arbitration instead. Ms. Lillibridge replied that if it was a disciplinary grievance, they would have the employee make the decision as to whether they want to come to the Commission to have it heard, knowing the Commission's decision would be final, or if it would be going to Council 25 for arbitration consideration. Mr. Biga clarified that when the grievances came to the Commission, the Step 2 response, which was withdrawing the disciplinary action, was not accepted by the Union and that is why they were appealing it. To say there was no disciplinary action being contemplated by the Department was not really true, because Mr. Beckley said that unless they accepted the entire Step 2 response, the disciplinary action was still there. The Commission could say that everyone should have known that the disciplinary action was on the table when that matter was brought before the Commission. Mr. Tatigian confirmed that Mr. Biga's statements were true, however, based on what he saw in the last meeting; it seemed to him that there was a misunderstanding. Upon a motion by Mr. Tatigian, seconded by Mr. Campau and unanimously adopted, it was 05-159 RESOLVED, That having discussion with Ken Grzembski, Chief Parks Steward; Yvonne Lillibridge, President, AFSCME Union Local 192; Robert F. Biga, Human Resources Director; the Civil Service Commission does hereby remove the matter from the agenda so that Union can proceed to arbitration, and this matter is not precedent setting. The Commission received and fled the Non -Resident Report as of October 1, 2005. Upon a motion by Mr. Campau, seconded by Mr. Tatigian and unanimously adopted, it was 05-160 RESOLVED, that the Civil Service Commission does hereby approve the following schedule of meeting dates for 2006, pursuant to Civil Service Commission RULE 6, MEETINGS OF THE COMMISSION, Section 6.1 Regular Meetings, at 5:30 p.m. in the Fifth Floor Gallery of City Hall, and are subject to change with notice: Page 4 121M Regular Meeting 0aciaer 19, 2005 DAY DATE TIME WEDNESDAY JANUARY 11, 2006 5:30 P.M. WEDNESDAY FEBRUARY 1, 2006 5:30 P.M. WEDNESDAY MARCH 22, 2006 5:30 P.M. WEDNESDAY APRIL 26, 2006 5:30 P.M. WEDNESDAY MAY 10, 2006 5:30 P.M. WEDNESDAY JUNE 14, 2006 5:30 P.M. WEDNESDAY JULY 19, 2006 5:30 P.M. WEDNESDAY AUGUST 23, 2006 5:30 P.M. WEDNESDAY SEPTEMBER 20, 2006 5:30 P.M. WEDNESDAY OCTOBER 18, 2006 5:30 P.M. WEDNESDAY NOVEMBER 8, 2006 5:30 P.M. WEDNESDAY DECEMBER 6, 2006 5:30 P.M. Upon a motion by Mr. Tatigian, seconded by Mr. Campau and unanimously adopted, it was 05-161 RESOLVED, That having reviewed the letter of September 22, 2005, from James Frantz, Sewer Foreman, as approved for submission by Robert J. Beckley, Jr., Director of Public Works, 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. Frantz will only be permitted the maximum accrual of fifty-eight (58) eight (8) hour accrued vacation days for payout purposes at the time of his retirement date on or before November 29, 2007. Upon a motion by Mr. Tatigian, seconded by Mr. Campau and unanimously adopted, it was 05-162 RESOLVED, That having reviewed the letter of September 26, 2005, from John Nichols, Police Officer 11, as approved for submission by Robert Stevenson, Police Chief requesting an extension of a military leave of absence, the Civil Service Commission does hereby grant an extension of a military leave of absence for Mr. Nichols until December 10, 2005. Upon a motion by Mr. Campau, seconded by Mr. Tatigian and unanimously adopted, it was 05-163 RESOLVED, That having reviewed the letter of October 11, 2005, from Barbara Kurzeja, Clerk -Typist I (TFT), as approved for submission by Karen Szymula, Director of Legislative Affairs, requesting an extension of eligibility for reinstatement for Clerk -Typist 1, the Civil Service Commission does hereby approve this with the understanding that her name will be certified along with Page 5 1217th Regular Meeting OHober 19, 2005 three (3) names from the Clerk -Typist I eligible list to the first Clerk -Typist vacancy and/or she be given a two (2) year period after the hiring freeze is rescinded for regular or permanent positions to have her name certified for re- employment. Upon a motion by Mr. Tatigian, seconded by Mr. Campau and unanimously adopted, it was 05-164 RESOLVED, That having reviewed the Departmental Correspondence of September 28, 2005, from Wade Clay, Firefighter, as approved for submission by Alan W. Branderri Jr., Fire Chief, requesting permission to use three (3) additional paid Family Illness days chargeable to sick leave for 2005, the Civil Service Commission does hereby approve the use of three (3) additional twenty-four (24) hour paid Family Illness days, beyond the maximum four (4) twenty-four (24) hour paid Family Illness days allowed per calendar year, subject to Firefighter Clay submitting medical documentation that his presence is necessary to care for a seriously ill family member. Upon a motion by Mr. Tatigian, seconded by Mr. Campau and unanimously adopted, it was 05-165 RESOLVED, That having reviewed the memorandum of October 14, 2005, from Robert F. Biga, Human Resources Director, requesting a promotional examination for Police Sergeant and the proposed qualifications and parts of examination and weights, and having had discussion with Robert F. Biga, Human Resources Director regarding the change in qualifications eliminating superfluous language about Police Officer I, Police Officer II and with the agreement of the Union, 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, at the time of application, are employed in the Police Division of the Department of Public Safety and have five (5) years full-time paid experience in the classification of Police Officer. PARTS OF EXAMINATION AND WEIGHTS Written Test -60% Interview -15% Departmental Rating -25% Candidates must pass the Written Test, Interview and Departmental Rating in order to be placed on the promotional eligible list. Upon a motion by Mr. Campau, seconded by Mr. Tatigian and unanimously adopted, it was 05-166 RESOLVED, That having reviewed the memorandum of October 14, 2005, from Robert F. Biga, Human Resources Director, requesting a promotional examination for Police Lieutenant and the proposed qualifications Page 6 121M Regular Meeting October 19, 2005 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, at the closing date of this examination, are employed in the Police Division of the Department of Public Safety as a Senior Sergeant or have regular status in the classification of Sergeant and, have had at least four (4) years of experience, immediately preceding the closing date of the examination, as Sergeant in the City of Livonia. Experience is counted through April 8, 2006. PARTS OF EXAMINATION AND WEIGHTS Written Test -50% Interview -25% Departmental Rating -25% Candidates must pass the Written Test, Interview and Departmental Rating in order to be placed on the promotional eligible list. Mr. Biga referenced his memorandum of October 28, 2005, requesting an open -competitive examination for Equipment Operator I and pointed out the change in the proposed Description of Work with a sentence being added "This employee may be on call twenty-four (24) hours per day," to make sure everyone understood that they need to respond to emergency situations. Mr. Tatigian made a motion to approve the request, and it was seconded by Mr. Campau. Ed Hoffman, Chief Roads Steward, stated that the Union does not want to see this examination announced as open -competitive. The Union has ten (10) or eleven (11) employee members present at the meeting that would be interested in taking a test to have an opportunity to be promoted in this job and there was no need to go outside the City. There is one (1) individual filling in part-time right now as an upgrade from a Custodian. Many Custodians haven't had the opportunity to move through the ranks with the hiring freeze. Some of them have their CDLs and they are doing 110% coming in helping us plow snow in hopes of possibly getting promoted. Brian Wilson, Assistant Superintendent of Public Service, stated they had this discussion the last time it was in front of the Commission. He added the department's intent is to open up another entry-level position into the department. They are also trying to broaden their pool of candidates and what they have found is that there are potential candidates that are interested in Civil Service positions with the City of Livonia and progressing up through the ranks, but they are not in a position where they can do so through the entry-level Custodian position. With regard to some of the concerns expressed by the Union, this discussion on Equipment Operator I was part of Union negotiations and we believe that most if not all of these concerns about current employees having the opportunity to test for this position were addressed and were proposed by Management and current Union negotiations. Page] 1217th Regular Meeting ORober 19, 2005 Ms. Mahoney clarified that open -competitive meant that more than employees can test. Mr. Wilson confirmed that employees can test for it as well and under their contract, if they were within the top three (3) in score, then they would be the sole certified. Mr. Campau stated he didn't see any reason why the Department had to go outside if you have enough people that are interested in this job from inside. We owe our first loyalty to our current employees, not any potential employees. The employee Union members thanked Mr. Campau for his comments. Mr. Wilson stated he believed the concerns Mr. Campau expressed were addressed in negotiations. He added that some time ago they reached a Letter of Understanding on this issue with Union management. It was voted on by membership and was turned down, so we previously addressed this issue. Mr. Tatigian inquired how many people they wanted to hire. Mr. Wilson replied that would be subject to a review of the Personnel Review Committee and the hiring freeze. There is one (1) position right now. There was a show of hands as to how many employees would be interested in applying for the Equipment Operator I. Rosemary Dawes, Laborer, stated she is upgraded to Equipment Operator I for six (6) months of the year and she has done so for five (5) years. She states she has brought up making her a permanent Equipment Operator I with Mr. Washington and Mr. Wilson. She added that was the part of the contract that was cited that the Union and Management tried to come to an agreement on three (3) years ago. The Union turned it down because it was going to create a two (2) tiered system and the Union felt that was unfair. She stated that there is one (1) other person that is in the same situation; Mr. James Swan. They have both been in the position for more than six (6) months, so our extension has already been one (1) more month. Then she goes back to Laborer and she shovels snow during the winter. She stated she has a CDL and she can plow. Mr. Wilson replied that part of what they came up with was the situation that those jobs were going to be converted to Equipment Operator I for twelve (12) months out of the year, rather than being part-time. Also, they were going to grandfather in those existing employees into the permanent Equipment Operator I positions. They were also looking to upgrade the other Laborer positions to Equipment Operator 1. Mr. Tatigian staled the City Charter indicates that the City should employ people in the classified service to the extent possible through promotion rather than competitive. Mr. Wilson agreed. Mr. Biga stated the department still has to come to the Civil Service Commission to approve the qualifications. Mr. Tatigian stated the Department could change direction and go with a promotional instead of an open -competitive and if that didn't work, they could come back to the Civil Service Commission and explain that they couldn't find applicants. Mr. Wilson responded that was part of their proposal. Mr. Campau inquired if this was retribution for the Union turning down a proposal. Mr. Wilson stated it was indicated that the proposal would establish a two (2) tier weight system and explained there is a two (2) tier weight system in place now. Two Equipment Operator I's could be working side-by-side and be paid as much Page 8 1217th Regular Meeting October 19, 2005 as a 14% difference. A four-year Equipment Operator I is going to make a lot less than a 25 - year Equipment Operator I. The Department was looking at grandfathering in all the existing employees at the existing rate and they were looking to give them the first shot at these jobs; as part of their proposal. Ms. Mahoney stated they needed to be extremely careful because there is no new contract and we can only discuss what is available in the previous contract. Mr. Tatigian withdrew his original motion, and Mr. Carl withdrew his support of the motion. Upon a motion by Mr. Tatigian, seconded by Mr. Campau and unanimously adopted, it was 05-167 RESOLVED, That having reviewed the memorandum of October 18, 2005, from Robert F. Biga, Human Resources Director, requesting an open - competitive examination for Equipment Operator I and the proposed qualifications and parts of examination and weights, and after discussion with Yvonne Lillibridge, President, AFSCME Union Local 192; Ed Hoffman, Chief Roads Steward, AFSCME Union Local 192; Brian Wilson, Assistant Superintendent of Public Service; Rosemary Dawes, Laborer; and Robert Biga, Human Resources Director, the Civil Service Commission does hereby refer this matter back to the Department to restructure the submission on the basis of a promotional examination instead of an open -competitive examination. The Commission received and fled the expiring eligible list for the month of November 2005 — Clerk 1 (842 o.c.), Clerk -Typist I (805-c.) and Secretary 1 (862 o.c.). Upon a motion by Mr. Campau, seconded by Mr. Tatigian and unanimously adopted, it was 05-168 RESOLVED, That the Civil Service Commission does hereby approve the eligible list for Librarian II (1215 p.). The eligible list for Secretary II (1214 p.) is being removed from the agenda due to the applicant not being available to test due to illness. Upon a motion by Mr. Campau, seconded by Mr. Tatigian and unanimously adopted, it was 05-169 RESOLVED, That the Civil Service Commission does hereby approve the eligible list for Program Supervisor (1216 p.). The Commission received and filed the following items: a. Council Resolutions from the meeting of September 14, 2005, with minutes to be approved on September 28, 2005: CR 470-05 RESOLVED, that having considered a communication from the Council President, dated August 25, 2005, to which is attached a proposed schedule of Council Study and Regular Meetings for the period January 1, 2006, through December 31, 2006, the Council does hereby approve the following dated for City Council Meetings for 2006, subject to change with notice: Page 9 1217th Regular Meeting OHober 19, 2005 Study Meetings Regular Meetings JANUARY Monday, January 9 Wednesday, January 18 Monday, January 23 Monday, January 30 FEBRUARY Wednesday, February 1 Wednesday, February 8 Monday, February 13 Wednesday, February 22 MARCH Wednesday, March 1 Wednesday, March 8 Monday, March 13 Wednesday, March 22 APRIL Monday, April 3 Wednesday, April 12 Monday, April 17 Wednesday, April 26 MAY Wednesday, May 3 Wednesday, May 10 Monday, May 15 Wednesday, May 24 JUNE Monday, June 5 Wednesday, June 14 Monday, June 19 Monday, June 26 JULY Wednesday, June 28 Wednesday, July 5 Monday, July 10 Monday, July 17 AUGUST Wednesday, July 19 Wednesday, August 9 Monday, August 21 Wednesday, August 30 SEPTEMBER Wednesday, September 6 Wednesday, September 13 Monday, September 18 Wednesday, September 27 OCTOBER Monday, October 2 Wednesday, October 11 Monday, October 16 Wednesday, October 25 NOVEMBER Monday, October 30 Wednesday, November 8 Monday, November 13 Monday, November 20 DECEMBER Monday, November 27 Monday, December Monday, December 11 Wednesday, December 20 b. Letter to Robert Biga, Human Resources Director, dated September 20, 2005, from Mike Bailey, Vice -President, Livonia Fire Fighters Union (LFFU), regarding Grievance #268-01, concerning Personal/Family Illness Usage for David Jacobsen - Hann, Firefighter. c. Letter to Robert Biga, Human Resources Director, dated September 16, 2005, from Mike Bailey, Vice -President, Livonia Fire Fighters Union (LFFU), regarding Grievance #238-1-05, concerning disciplinary action of Lawrence Mosier, Firefighter. d. Affirmative Action Report for September 2005. Page 10 1217th Regular Meeting Oelot,er 19, 2005 Upon a motion by Mr. Tatigian, seconded by Mr. Campau and unanimously adopted, it was RESOLVED, That the meeting be adjourned at 6:12 p.m. Gretchen Guisbert, Secretary III Charlotte S. Mahoney, Chairperson Harry C. Tatigian, Commissioner Ronald E. Campau, Commissioner