HomeMy WebLinkAbout1220th csc minutes1220th REGULAR MEETING OF THE
CIVIL SERVICE COMMISSION
The 1220th Regular Meeting of the Civil Service Commission was held on Wednesday,
January11, 2006. The meeting was called to order at 5:36 p.m.
Members Present:
Also Present:
John Dauffenbach, Dept./Division Steward,
AFSCME Union Local 192
Edwin Hoffman, Chief Roads Steward,
AFSCME Union Local 192
Alex Kwasniuk Engineering Assistant I
Yvonne Lillibridge, President, AFSCME
Union Local 192
Linda McCann, Director of Community
Resources
Kathleen Monroe, City Librarian
Charlotte S. Mahoney, Chairperson
Harry C. Tatigian
Ronald E. Campau
Ruthann Saylor, Chief Clerical Steward,
AFSCME Union Local 192
Robert Schron, City Engineer
Cheryl Wallman, Senior Engineering
Inspector
Bruce Whitcombe, Engineering Assistant I
Brian Wilson, Assistant Superintendent of
Public Service
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
06-01 RESOLVED, That the minutes of the 1219th Regular Meeting
held Wednesday, December 14, 2005, be approved as submitted.
Upon a motion by Mr. Campau, seconded by Mr. Tatigian and unanimously adopted, it was
06-02 RESOLVED, That the minutes of the 90'^ Special Meeting held
Wednesday, December 28, 2005, be approved as submitted.
The Commission received and fled the Status of Temporary Employees Report for
December 2005.
The Commission received and fled the Non -Resident report as of January 1, 2006.
Upon a motion by Mr. Tatigian, seconded by Mr. Campau and unanimously adopted, it was
06-03 RESOLVED, That having reviewed the letter of January 3,
2006, from Richard Zakalata, Custodian, as approved for submission by
Robert J. Beckley, Jr., Director of Public Works, requesting an unpaid medical
leave of absence, the Civil Service Commission does hereby approve an unpaid
medical leave of absence for ninety (90) days, beginning January 16, 2006.
Page 2 1220th Regular Meeting January 11, 2006
Upon a motion by Mr. Campau, seconded by Mr. Tatigian and unanimously adopted, it was
06-04 RESOLVED, That having reviewed the letter of December 20,
2005, from Kathleen Monroe, City Librarian, requesting a promotional
examination for Library Aide 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
This examination is open only to employees of the City of Livonia who, by the closing date of
this announcement, must:
Have regular status as a Clerk or higher; and
Be currently employed in the Library and working with the SIRSI System;
and
Have completed at least two (2) years (60 semester credit hours) at an
accredited college or university;
OR
Two (2) years of permanent full -lime paid library experience or the
equivalent in permanent part-time paid experience; and
Have experience in the use of computers or word processing equipment
otherthan the SIRSI System.
PARTS OF EXAMINATION AND WEIGHTS
Written Test -80% Departmental Rating —20%*
In the event there is only one candidate for the position, the Parts and Weights of examination
will be 100% Departmental Rating.
Upon a motion by Mr. Campau, seconded by Mr. Tatigian and unanimously adopted, it was
06-05 RESOLVED, That having reviewed the expiring eligible list for
the month of February 2006, 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
06-06 RESOLVED, That the Civil Service Commission does hereby
approve the eligible list for Clerk 11 (1221 p.).
Page 3 1220th Regular Meeting January 11, 2006
Upon a motion by Mr. Campau, seconded by Mr. Tatigian and unanimously adopted, it was
06-07 RESOLVED, That the Civil Service Commission does hereby
approve the eligible list for Library Aide II (1217 p.).
Upon a motion by Mr. Campau, seconded by Mr. Tatigian and unanimously adopted, it was
06-08 RESOLVED, That the Civil Service Commission does hereby
approve the eligible list for Personnel Clerk (1222 p.).
Upon a motion by Mr. Campau, seconded by Mr. Tatigian and unanimously adopted, it was
06-09 RESOLVED, That the Civil Service Commission does hereby
approve the eligible list for Tax Clerk 1 (873 o.c.).
Upon a motion by Mr. Tatigian, seconded by Mr. Campau and unanimously adopted, it was
06-10 RESOLVED, That having reviewed the letter of
January 3, 2006, from David M. Woodcox, Director of Inspection, 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. Woodcox for one (1) year, commencing January 17, 2006, pursuant to
Civil Service Commission Rules and Regulations, RULE 16, CERTIFICATION,
APPOINTMENT AND REINSTATEMENT, 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 Mr. Campau and unanimously adopted, it was
06-11 RESOLVED, That having reviewed the letter of January 5, 2006,
from Linda McCann, Director of Community Resources, requesting a promotional
examination for Program 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:
QUALIFICATIONS
The examination is open only to employees of the City of Livonia, who, by the closing date of
the announcement, are:
Employed in the Department of Community Resources; and
Have regular status as a full-time Recreation Supervisor for five (5) years
in the Department of Community Resources; and
Have full-time paid work experience including extensive supervisory skills,
reporting experience, handling complaint calls including Transit calls.
Employees must be well organized, able to multi -task, be Flexible and able
to maintain professional working relationships with business and
community leaders for public awareness of our services.
Page 1220th Regular Meeting January 11,2006
PARTS OF EXAMINATION AND WEIGHTS
Interview — 100%'
'In the event there is only one qualified applicant for this 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
06-12 RESOLVED, That having reviewed the letter of January 5, 2006,
from Linda McCann, Director of Community Resources, requesting an open -
competitive examination for Recreation Supervisor — Cable Video Specialist and
proposed qualifications and parts of examination and weights, the Civil Service
Commission does hereby approve the following qualifications and parts of
examination and weights:
QUALIFICATIONS
By the closing date of this announcement, applicants must:
1. Be a citizen of the United States or resident alien with the right to work in
the United States; and
2. Possess a Bachelors Degree from an accredited college or university in
Communication or a closely related field; and
3. Have at least one (1) year of paid full-time Video Production experience;
and
4. Have experience in supervising paid and volunteer staff; and
5. Be able to demonstrate technical and creative production skills in studio,
remote and mobile production van settings as well as edit skills with
various programs including linear cuts -only and A/B/C roll, non-linear
online Avid and computer generated graphics; and
6. Experience or familiarity with cable production in a government setting is
preferred.
PARTS OF EXAMINATION AND WEIGHTS
Interview —100%
The Civil Service Commission reviewed the letters requesting to donate vacation time to
Richard Zakalata, Custodian (PPT), which were transmitted by Cheryl Altis, Custodial Section
Steward, AFSCME Union Local 192. Mr. Biga, Human Resources Director, clarified that
donated time goes into the recipient's vacation bank. Mr. Zakalata had indicated that he did
not want to use his accumulated vacation time or his personal business time. If Mr. Zakalata
was permitted to not use his paid leave time and we gave him donated time then, the Civil
Service Commission would have to direct how the time is charged to the appropriate bank.
Ms. Mahoney inquired if the donated time could be set aside until he needed it.
Page 5 1220th Regular MeeliN January 11, 2006
Yvonne Lillibridge, President, AFSCME Union Local 192, informed the Commission that Mr.
Zakalata was a part-time employee and that he has enough time in his bank until January 16,
2006. She added that he has about 12 hours of personal business and there will be additional
hours added to his vacation bank after Payroll credits him for the new year, but as of January
16, Mr. Zakalata will have no sick time.
Mr. Tatigian inquired if the employees who donated time were aware that Mr. Zakalata still had
vacation time in his banks. Ms. Lillibridge replied that Mr. Zakalata may want to leave some
vacation time to use at the end of the summer and asking for vacation time without pay is
something that is frowned upon.
Mr. Tatigian asked how much vacation time Mr. Zakalata had. Derrick Washington, Personnel
Analyst II, replied Mr. Zakalata had approximately 31.75 hours which is around two (2) weeks
on a part-time basis. Mr. Biga stated in prior situations, employees receiving donated time
would have used all their vacation before getting any donated time. Mr. Tatigian asked if they
could defer this matter until Mr. Zakalata needed the time. He added Mr. Zakalata should use
his own time before using donated time.
Ms. Mahoney replied Mr. Zakalata was not here but he didn't realize that he would have time
donated to him from his fellow employees. She inquired if he was willing to use his own time
first, then the Commission would approve the donated time subject to him using his own bank.
Mr. Tatigian responded that Mr. Zakalata's medical condition was not life-threatening as with
the other instances of donating vacation time. Ms. Lillibridge stated she believed that there
was such an instance where time was donated to an employee in the Law Department. Mr.
Dauffenbach also stated it was done for Mr. Stratman in the Inspection Department.
Ms. Mahoney responded the concern of the Commission is in approving donated time for an
employee who doesn't want to use his or her own vacation time. Mr. Tatigian inquired when
Mr. Zakalata returns to work, if he had to use his own time first. Mr. Campau stated Mr.
Zakalata should use his own vacation time and there is no policy set up which deals with this
issue.
Ms. Mahoney passed the gavel to Mr. Tatigian and stepped down to offer the following motion.
Upon a motion by Ms. Mahoney, seconded by Mr. Campau, and unanimously adopted, it was
06-13 RESOLVED, That having reviewed the letter of January 10, 2006,
from Cheryl Allis, Custodial Section Steward, AFSCME Union Local 192,
transmitting letters requesting to donate vacation time to Richard Zakalata,
Custodian, the Civil Service Commission does hereby approve the donation of
vacation time on the condition that Mr. Zakalata first use his own remaining
vacation and personal business time.
Mr. Tatigian passed the gavel back to Chairperson Mahoney
Page 6 1220th Regular Meeting January 11, 2006
Mr. Campau suggested a policy be established and distributed for review and comment. The
Commission asked Mr. Biga to contact all employee groups and inform them that they are
doing this.
Receive and File:
a. Affirmative Action Report for December 2005.
Ruthann Saylor, Chief Clerical Steward, AFSCME Union Local 192 and John Dauffenbach,
Department Steward, AFSCME Union Local 192, presented AFSCME Union Local 192
Grievance #05-33, on behalf of Alex Kwasniuk, Engineering Assistant I. Ms. Saylor stated that
Mr. Kwasniuk was asked to work out of his classification and that his job doesn't include any
type of laborer work. Ms. Wallman responded that an employee can be asked to work in a
classification lower than their series.
Ms. Saylor added these employees don't wear the type of clothing to do that type of work. She
referenced Article 39.D., which states, "In the event an Employee, because of an emergency
or other circumstances, is required to work out of his classification in that series, the Union
shall be advised, and due consideration shall be given to age, ability and health of the
Employee.' Ms. Saylor stated the Union was not consulted when this person was asked to do
this job.
Mr. Dauffenbach informed the Commission that Mr. Kwasniuk starts work at 7:30 a.m. He
asked to wait for his Steward and asked to be off the clock until Mr. Dauffenbach got there. He
was told to leave the building in 15 minutes "or else."
Ms. Saylor stated the Union's request is for Mr. Kwasniuk to be given his comp time (1/2 hour)
and personal business (7.5 hours) back. The Union would like the employee made whole and
that the practice of asking Engineering Assistant I's to lay sod not happen again. Mr. Campau
inquired if Mr. Kwasniuk refused to do this job. Mr. Dauffenbach replied Mr. Kwasniuk wanted
to see his Union Steward.
Brian Wilson, Assistant Superintendent of Public Service, responded the process is that the
employee follows the orders and then grieves the situation. He added that Mr. Kwasniuk left
by his own choice and that he did not perform any of the laborer work. He continued that
employees can work in a classification below theirs. Engineering employees are part of the
Department and that Equipment Operator Ills, Equipment Operator IIs, Park Maintenance
Workers and Laborers also do this work. Mr. Wilson discussed with over 20% loss in staffing,
he wondered why employees wish to make themselves less valuable to the Department. He
continued that at no time did the employee ask for time to go change clothes. He stated Mr.
Kwasniuk said "this is B.S." The Engineering Department does have restrooms where an
employee could change.
The Union submitted information to the Commission regarding Mr. Kwasniuk's physical
condition. Mr. Wilson reacted by stating that submitting information after the fact is not the
normal practice. Specifically, the letter about Mr. Kwasniuk's medical problem, dated about
November 4, 2005, was never turned in to the Department. The Department may have made
a different decision based on the new information. There may be a fitness -far -duty issue. This
Pagel 1220th Regular Meeting January 11, 2006
after -the -fact information was not provided before the November and December meeting, and
was not given to Management until Monday. Mr. Wilson continued there is a grievance
process to be followed. The Department doesn't think they should reward this type of
employee behavior.
Mr. Wilson stated they were not privy to the cover letter until this Monday and they would like
to provide the Commission with a response. Mr. Tatigian inquired if there was anything that
requires this to be sent back. Mr. Wilson staled they were more than happy to work this out
here.
Mr. Campau stated the Union's complaint is about working out of series. Mr. Wilson stated
they employ Equipment Operators III, Equipment Operators II and Equipment Operators I. An
Equipment Operator III can be asked to work at a level of a II or a I. He stated it was
commonly done with classification across the spectrum. Mr. Campau stated in looking at the
description of work it doesn't say anything about laying sod. Mr. Wilson replied that not all
duties are listed in the Descriptions of Work. Management's concern is that we never got to
that point. The orders were refused.
Ms. Mahoney pointed out the Union wanted to make another statement.
Mr. Dauffenbach stated the doctor's note was done expeditiously and he was told
Management had all the specific information.
Mr. Tatigian inquired if the individual in question took the day off. Mr. Dauffenbach replied he
was ordered to. Mr. Kwasniuk used 7.5 hours personal business and % hour comp time. Mr.
Tatigian also inquired if there was a place to change. Mr. Dauffenbach said there was a
restroom, but it was very small. Mr. Tatigian inquired if Mr. Kwasniuk was afforded the
opportunity to change his clothes or if he mentioned he had a back problem. Mr. Dauffenbach
replied yes and stated Mr. Kwasniuk goes to the chiropractor on a regular basis, but he didn't
know if he told the supervisor that. Mr. Dauffenbach referred to Article 39 where it states the
Union shall be advised.
Mr. Campau stated that having an Engineering Assistant lay sod doesn't seem to be consistent
with the Description of Work and that nowhere does it say he can lay sod and he asked why it
was done. Mr. Wilson stated that part of the reason is their availability. Ms. Wallman set it up
to get equipment from the department in order to address this problem and they had no
objections.
Bruce Whitcombe stated he was the other Engineering Assistant I laying sod, but he
volunteered to do it. He stated he had a degree in Engineering and competed against others
to get this job. He stated he was not interchangeable with an Equipment Operator. He stated
they only had less than 15 minutes notice to do this work. The Supervisor had already
arranged for the dirt and the backhoe and they didn't have any place where they could change
in private. He added he was 58 years old doing this type of work. It was heavy sod because it
was wet. This was an offshoot of the 2005 contract but the contractor is normally responsible
for fixing any damage related to the sidewalk repair. Mr. Whitcombe stated he volunteered to
do this work to honor God and he was told to go out to do this. He didn't do this under the
immediate authority of the Department of Public Works.
Page 1220th Regular Meeting January 11, 2006
Mr. Tatigian inquired why the employees were only given 15 minutes notice. Mr. Wilson stated
he couldn't specifically answer that but Ms. Wallman could. Ms. Wallman stated this was a
unique situation. The contractor delivered sod two days before. This was a cooperative effort
with the Roads Department. The contractor did restore the right-of-way and that met the City's
specifications, but the homeowner wasn't happy. The only way they could make the
homeowner happy was for the City to do it. The contractor paid for the sod. She stated that it
was a Friday. Ms. Wallman discussed the employees select what clothes to wear to do their
jobs but they are in the Engineering Department. She added that she always kept a change of
clothes available. Mr. Tatigian inquired if Mr. Kwasniuk ever told her he had a back problem.
Ms. Wallman responded no; she just heard about the back problem.
Discussion ensued regarding the presenter providing information to Management. Mr. Wilson
stated that the information presented on Monday regarding Mr. Kwasniuk's back problem was
untimely and unfair and the Department may have handled the situation entirely different if
they had the information earlier and at no time did Mr. Kwasniuk indicate to his supervisor that
he had a back problem.
Ed Hoffman, Chief Roads Steward, stated that heavy Equipment Operators' jobs are to do
lawn repair, and not intending to offend the two Engineering Assistants, stated the Engineering
Assistants were a little older and that lawn repair is a physically demanding job.
Brian Wilson stated the behavior of this employee was of concern and there could have been
cause for disciplinary action. Mr. Campau inquired if the supervisor ordered Mr. Kwasniuk to
change. It was reported again that Mr. Kwasniuk's response was "that's B.S., I'm not going to
do it." There were two (2) employees that did the work and they didn't file a grievance. Mr.
Campau read the statement that Ms. Wallman told Mr. Kwasniuk if he was not going to do the
work, then he needed to leave the building.
Ms. Wallman stated she spoke with the Steward and said usually you do the job and then
grieve the fact and she also told him if Mr. Kwasniuk was off the clock, he needed to leave the
building. Mr. Kwasniuk did not leave the building until 10:20 a.m. Ms. Wallman said she had
other things to do and she was not very good at yelling.
Mr. Tatigian was curious because the contractor caused the problem, but they seeded the
area. Ms. Wallman said the homeowner was not happy because the grass was coming up too
slow and they wanted it fixed before winter and so the City put in sod.
Mr. Dauffenbach stated that Ms. Wallman said if she notified the employees about the job the
night before, they would have called in sick. Ms. Mahoney inquired why they waited until the
morning to advise the employees.
Ms. Saylor added the timeliness of Management's response was a factor. She stated Ms.
Wallman didn't give her a statement in a timely manner. Ms. Mahoney clarified that if
something is provided to the Civil Service Commission, it should be provided to both sides
beforehand.
Ms. Saylor stated the main issue was that the employees were asked to work out of their
series and that Ms. Wallman had prior knowledge of the job. She also stated Engineering
Assistants don't do this type of work. Mr. Whitcombe stated he came to help, but this was not
Page 9 1220th Regular Meeting January 11, 2006
part of their job. Ms. Mahoney stated this grievance was for one individual and the normal
procedure is for the employee to do the work and then grieve it.
Mr. Tatigian inquired how big of an area needed the repair work. Ms. Wallman replied it was
approximately 100 square yards. Mr. Tatigian stated it was not hard to lay sod and he thought
he could handle this type of work. Mr. Campau inquired if Mr. Wilson asked somebody to lay
sod. Mr. Wilson replied that they do not require clerical workers to do this; they provide
Engineering Assistants to do this type of work. Mr. Campau wanted to know who else could
lay sod. Mr. Wilson responded that Equipment Maintenance Workers and Building
Maintenance Workers could lay sod.
Ms. Wallman stated this work was done to make the homeowner happy. She herself has done
this type of work. Mr. Whilcombe used the hand cart while doing some of the work. She also
informed the Commission that they have an Engineering Assistant II who works in the office
and he is told to bring outside clothes. These employees can do comparable things.
Mr. Campau stated the City recognizes an employee should not work outside of their series,
but it is common for employees to do work outside of the classification and he referenced
Article 39 (D) of the AFSCME Union Local 192 contract. Mr. Wilson replied that an employee
can work below their classification within the series. If the language is taken literally, then no
Equipment Operators and no Park Maintenance workers could do this work either.
Mr. Campau clarified that while not every duty is listed in the Description of Work, he has to
look at the language that is in the contract. He stated Management violated the contract and
he has the responsibility of restoring the employee. Mr. Hoffman agreed the Union does not
condone an employee not doing the work. Mr. Wilson responded that these same employees
lift manholes on a routine basis.
At 7:03 p.m. Mr. Schron, City Engineer, excused himself from the meeting because he needed
to attend another meeting.
Ms. Mahoney stated that she wanted to deal with this matter tonight. She restated the grievant
said he doesn't do that type of work and that normally you perform the work, then you grieve
that it was not a proper job assignment. The situation was the employee chose to take the
time off and the normal process was not followed and there needed to be more teamwork.
Mr. Tatigian agreed the contract may not provide specific guidelines, but the City does have
the latitude and there was common usage. He felt Management did not act reasonably and
should have given the employees notice. If the employee chose not to show up, Management
could have taken disciplinary action. But Management should do the right thing. He added it
was also not the right thing for the employee to say "I am not going to do it." Employees don't
have the right to say "screw it" to a job assignment.
Mr. Tatigian made a motion to turn the grievance down because the employee took the time
off, but he feels Management was unreasonable. Mr. Campau stated they need a definition of
what working outside of a series is.
The motion died for lack of support
Page 10 122M Regular Meeting January 11,2006
Ms. Saylor stated the grievant felt entrapped. Mr. Tatigian stated Mr. Kwasniuk would know it
if he had real back trouble. Mr. Campau staled the Union contract says the Union shall be
advised. The employee has to let the supervisor know about any medical condition they have.
Ms. Saylor inquired why the City went to the expense to fix the problem when it was the
contractor's responsibility. She added it took over seven hours to complete the work. Ms.
Wallman stated she felt the City should make the homeowner whole.
Mr. Campau agreed that Mr. Kwasniuk should not get his time back. Mr. Kwasniuk responded
that he has never been asked to lay sod in 19 years and he has overseen what goes on, but
he's never been asked to lay sod.
Mr. Wilson answered that Management Rights explain that not all duties are listed in the
Description of Work. Under Management Rights, it has been the practice.
Upon a motion by Mr. Tatigian, seconded by Mr. Campau and unanimously adopted, it was
06-14 RESOLVED, That having reviewed AFSCME Union Local 192
Grievance #05-33, dated October 10, 2005, from Alex Kwasniuk, Engineering
Assistant I, regarding work assigned outside of his classification, and after
discussion with Brian Wilson, Assistant Superintendent of Public Service;
Ruthann Saylor, Chief Clerical Steward, AFSCME Union Local 192; John
Dauffenbach, Department Steward, AFSCME Union Local 192; Cheryl Wallman,
Senior Engineering Inspector; Bruce Whitcombe, Engineering Assistant I; Edwin
Hoffman, Chief Roads Steward, AFSCME Union Local 192, and Alex Kwasniuk
Engineering Assistant I, the Civil Service Commission does hereby deny the
grievance on a limited basis, that the employee suffered no hardship and was
allowed to take time off without disciplinary action; further the City did act
unreasonably without giving notice to employees in advance; and the
Department submit a report back to the Civil Service Commission with respect to
what the process is in the Department of Public Works when an employee works
outside of a series as set forth in Section 39.D. of the Agreement between the
city of Livonia and AFSCME Union Local 192.
Ed Hoffman commented that Management has one interpretation of the contract and the Union
has another interpretation. Ms. Mahoney stated the Commission can hear both sides. Mr.
Dauffenbach requested a copy of Mr. Wilson's letter and Mr. Wilson replied that those were
only his presentation notes, not a letter.
Page 11 1220th Regular Meeting January 11,2006
Upon a motion by Mr. Campau, seconded by Mr. Tatigian and unanimously adopted, it was
RESOLVED, That the meeting be adjourned at 7:15 p.m.
Gretchen Guisbert, Secretary III
Charlotte S. Mahoney, Chairperson
Harry C. Tatigian, Commissioner
Ronald E. Campau, Commissioner