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HomeMy WebLinkAbout1231st csc minutes1231°' REGULAR MEETING OF THE CIVIL SERVICE COMMISSION The 1231" Regular Meeting of the Civil Service Commission was held on Wednesday, December 6, 2006. The meeting was called to order at 5:30 p.m. Members Present: Also Present: Kenneth Grzembski, Vice President, AFSCME Union Local 192 William Ivanac, Parks Maintenance Worker II Peggy Jones, Clerical Steward AFSCME Union Local 192 Yvonne Lillibridge, President, AFSCME Union Local 192 Roger Ponder, Custodian Ruth Ann Saylor, Chief Clerical Steward, AFSCME Union Local 192 Harry C. Tatigian, Chairperson Ronald E. Campau Charlotte S. Mahoney Steven Schoonover, Chief Roads Steward, AFSCME Union Local 192 Shenon Schultz, City Assessor Norman Siira, Equipment Operator III Daniel West, Department Steward, AFSCME Union Local 192 Audrey Young, Equipment Operator II Robert F. Biga, Human Resources Director Derrick L. Washington, Personnel Analyst II Gretchen Guisbert, Secretary III Upon a motion by Mr. Campau, seconded by Ms. Mahoney and unanimously adopted, it was 06-196 RESOLVED, That the minutes of the 1230th Regular Meeting held Wednesday, November 8, 2006, be approved as submitted. The Commission received and fled the Status of Temporary Employees Report for November 2006. The Commission received and fled the Non -Resident Report as of December 1, 2006. Upon a motion by Ms. Mahoney, seconded by Mr. Campau and unanimously adopted, it was 06-197 RESOLVED, That having reviewed the memorandum of November 30, 2006, from Robert F. Biga, Human Resources Director, regarding the benefits and advancement in the salary range for Police Service Aides, the Civil Service Commission does hereby approve the following benefits for this position: The Police Service Aide classification will have the same benefits as employees represented by the Livonia Police Officers Association for holiday pay, uniform maintenance and cleaning and roll call. Paget 1231° Regular Meeting December 6, 2006 • The Police Service Aide classification will have the same benefits as general non -represented employees for retirement/Voluntary Employees Beneficiaries Association (VEBA), vacation, sick leave and personal business. • Employees in the classification of Police Service Aide will be reimbursed for courses taken to obtain an Associate's Degree in Criminal Justice or related field, as approved by the Police Chief, up to a maximum annual reimbursement of $2,000. AND BE IT FURTHER RESOLVED, That employees in this classification will be evaluated on a semi-annual basis with semi-annual salary increases until the employee reaches maximum step. Further, that upon satisfactory completion of the six (6) month probationary period, the employee will be advanced in salary one (1) step every six (6) months until they reach the maximum of step nine (9). Upon a motion by Mr. Campau, seconded by Ms. Mahoney and unanimously adopted, it was 06-198 RESOLVED, That having reviewed the letter of November 12, 2006, from Deborah Dufour, Senior Clerk, as approved for submission by Linda McCann, Director of Community Resources, requesting permission to use six (6) additional sick leave days for Family Illness beyond the eight (8) days allowed for such use in 2006, the Commission approves this request. Upon a motion by Mr. Campau, seconded by Ms. Mahoney and unanimously adopted, it was 06-199 RESOLVED, That having reviewed the letter of November 15, 2006, from Robert J. Schron, City Engineer, requesting an unpaid medical leave of absence for Bruce Whitcombe, Engineering Assistant I, the Civil Service Commission does hereby approve Mr. Whitcombe's unpaid medical leave of absence through December 18, 2006, pursuant to Civil Service Commission RULE 25, LEAVES, Section 25.5 Leaves of Absence. No Civil Service Commission action was needed regarding the request for an extension of the probationary period for Danielle Price, Police Dispatcher, since the City of Livonia Rules and Regulations have an automatic extension provision. Upon a motion by Ms. Mahoney, seconded by Mr. Campau and unanimously adopted, it was 06-200 RESOLVED, That having reviewed the memorandum of November 16, 2006, from Sherron Schultz, City Assessor, requesting a promotional examination for Clerk 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: Page 1231° Regular Meeting December 6, 2006 QUALIFICATIONS This examination is open only to employees of the City of Livonia who, by the closing date of this announcement: Are employed in the Assessor's Department of the City of Livonia; and Have regular status in the classification of Clerk I; and Have a minimum of five (5) years experience in the Assessors Office. PARTS OF EXAMINATION AND WEIGHTS Written Test -50% Interview -50% 'In the event there is only one qualified candidate for the position, the Parts and Weights of examination will be 100% Departmental Rating. Upon a motion by Mr. Campau, seconded by Ms. Mahoney and unanimously adopted, it was 06-201 RESOLVED, That having reviewed the letter of November 20, 2006, from Mayor Jack Engebretson, requesting a promotional examination for Clerk II and memorandum from Robert F. Biga, Human Resources Director, proposing 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 at the time of application, are employed in the Department of Administrative Services and have regular status in the classification of Clerk I with at least ten (10) years of experience in that classification. PARTS OF EXAMINATION AND WEIGHTS Departmental Rating —100% Upon a motion by Mr. Campau, seconded by Ms. Mahoney and unanimously adopted, it was 06-202 RESOLVED, That having reviewed the expiring eligible lists for January 2007, the Civil Service Commission does hereby extend the list for Building Inspector (868 o.c.) for six (6) months. The Commission received and fled the following: a. Council Resolutions from the meeting of October 25, 2006, with minutes to be approved November 8, 2006. Page 1231° Regular Meeting December6,20U6 b. Council Resolutions from the meeting of November 8, 2006, with minutes to be approved November 20, 2006. C. Letter of November 15, 2006, from Jack Engebretson, Mayor, to City Council, regarding the appointment of Patrick A. Hogan as Director of Public Works and Establishment of Compensation effective December 1, 2006. d. Letter of November 28, 2006, from Brian Wilson, Assistant Superintendent of Public Service, regarding Grievance #06-25, concerning Equipment Mechanic III Temporary Assignment. e. Council Resolutions from the meeting of November 20, 2006, with minutes to be approved December 4, 2006 (#567-06 and #579-06). f. Affirmative Action Report for November 2006. g. Council Resolutions from the meeting of November 20, 2006, with minutes to be approved December 4, 2006 (#566-06 and #572-06). Upon a motion by Ms. Mahoney, seconded by Mr. Campau and unanimously adopted, it was 06-203 RESOLVED, That having reviewed the letter of December 4, 2006, from Val Vandersloot, City Clerk, requesting an extension of the employment of Rita Soucy as a temporary Clerk I, the Civil Service Commission does hereby approve an extension of the temporary Clerk I position for one (1) month. Upon a motion by Ms. Mahoney, seconded by Mr. Campau and unanimously adopted, it was 06-204 RESOLVED, That having reviewed the memorandum of December 4, 2006, from James Zoumbaris, Superintendent of Public Service, requesting an extension of the employment of Elaine Lawrenchuk as a temporary Clerk I, the Civil Service Commission does hereby approve the request for a six (6) month extension until June 28, 2007, with the understanding this would be the last extension granted. The Chairperson advised that each of the grievants concerning AFSCME Union Local 192 Grievances #06-31, #06-26 and #06-32 were entitled to an individual hearing but if there were no objections, they could be heard at the same time, although there would be individual rulings in each case. He asked the grievants if they would object to having all three grievances heard together. All three grievants agreed to have the grievances heard at the same time. Ruth Ann Saylor presented the AFSCME Union Local 192 grievances, #06-31 #06-26 and #06-32 from Yvonne Lillibridge, Roger Ponder and Peggy Jones, respectively. Ms. Saylor stated the grievants received a subpoena from the State of Michigan with a raised stamp and which states that failure to respond will result in enforcement proceedings. The attendees were gone for the entire eight (8) hour day and Mr. Biga chose not to follow the AFSCME Union Local 192 contract, Article 40, JURY DUTY, A., which states, "An Employee who serves on jury duty or is required to appear in court on a subpoena (except where the Employee has an interest in the case) will be paid his regular pay." She also read Article 40, JURY DUTY B., which states, "Jury duty and duty while appearing on a subpoena will be considered as time worked." The Union believes being subpoenaed falls under this contract Pages 1231° Regular Meeting December6,201)6 language and they should be paid as time worked. The employees were denied pay and they had to use their own banks. One of the aggrieved employees had to take no pay. Mr. Campau inquired how these employees relate being called to a Michigan Employee Relations Commission (MERC) meeting to that of jury duty. Ms. Saylor stated there was an official subpoena from the State of Michigan and there was no personal interest by the 192 members being aggrieved. Mr. Tatigian responded the contract specifically states "to appear in court on a subpoena." He stated that the MERC is not a court; rather, it was an administrative body. Yvonne Lillibridge, President, AFSCME Union Local 192, commented that Mr. Tatigian was making the distinction and he as an attorney, would know that, but when most people receive a subpoena, they have no idea whether it was an official court or administrative hearing. She continued that an administrative law judge signed the subpoena and a seal of the State of Michigan was on the document. Mr. Tatigian stated he was sympathetic but they are bound by the language of the contract. Ms. Mahoney stated that when someone receives a subpoena, it can be a scary thing, but when it involves something that will take the employee away from work, shouldn't the employee check with their supervisor to find out what the procedure is? Ms. Lillibridge stated in her case she showed her supervisor the document and as shown in her grievance paperwork, Mr. Andres's note was on it that said that Mr. Slater, Mr. Sabo and Ms. Coleman were all in accord that she should be paid. Mr. Campau noticed that the note was written on November 20, 2006 and pointed out that the MERC hearing was on November 13, 2006. Ms. Lillibridge replied that was when they received the letter from Mr. Biga. Mr. Campau inquired if prior to the MERC meeting she received permission from her supervisor to attend. She said yes. Roger Ponder, Custodian, commented that when he received the subpoena, he showed it to his foreman, David Flahan, who said he definitely had to attend because it was an official subpoena. Mr. Ponder inquired if he would get paid for it or would he have to go unpaid. Mr. Flahan stated as far as he knew, according to the contract, this is a subpoena, and you will get paid; write it up under jury duty. Peggy Jones, Clerical steward, replied that her experience was much the same. She stated she took it to Louise Heyza who told her she would be paid and to list the time as jury duty on her time card. Mr. Tatigian asked if any of the grievants participated in the hearing. Mr. Lillibridge stated they were not called to the witness stand on that day. Ms. Mahoney inquired if there were other individuals from the City who were called. Ms. Lillibridge stated there were other City witnesses but they were not subpoenaed; they were there as representatives of the City. Robert Biga, Human Resources Director reiterated that the labor contract refers to appearance in court under a subpoena and as the subpoena indicates, this was for an administrative hearing. It should be noted in the upper left hand comer it lists "Completion: Voluntary." Under "Penalty," it says "Failure to respond will result in enforcement proceedings" There is also a statement in here that says, "Hereof fail not, at your peril." So there are some languages in the subpoena that are disconcerting to individuals. He responded that in at least one instance that he is familiar with, an employee who received a subpoena contacted the administrative law judge and was advised if they didn't show nothing Page 1231° Regular Meeting December 6, 20D6 would happen. Mr. Tatigian asked if it was one of the three aggrieved individuals, to which Mr. Biga replied no. Mr. Biga said he contacted the administrative law judge to find out whether or not anything would happen to anyone who failed to appear and he was advised that these were non -enforceable subpoenas. Mr. Biga continued that he had a witness list of 12 people but did not know people were subpoenaed. He discovered these people were subpoenaed by Council 25 and this was signed off by the administrative law judge. He responded that if people had contacted him, he could have told them that they didn't have to appear; there is no penalty. Of the 12 people who were subpoenaed, five (5) did not show. None of them were penalized and as far as he knew. The other four (4) people who attended were not AFSCME Union Local 192 members and also were not paid for that time. Mr. Tatigian stated that with respect to the contract language, Mr. Biga was correct; however, these people did contact their supervisors. If their supervisors told them they could attend the hearing and they would be paid, it would be difficult to rule against their grievance. He also stated he thought the supervisors were in error for letting the employees attend without checking with Mr. Biga to begin with. Mr. Biga responded that he contacted Mike Slater, Brian Wilson and Karen Kapchonick and advised all of them that these employees were not covered by this contract provision and they would not be paid. Mr. Tatigian confirmed that this occurred after the fact. Mr. Biga replied he did not know the individuals concerned had been talked to by any of their supervisory staff. He added that Mr. Ragan refutes what Mr. Ponder said. Mr. Flahan did not indicate that he told Mr. Ponder that he would be paid. After talking to the supervisors, none of them had given an indication to their employees that they would be paid. The letter was written so there was a record that he contacted the supervisors and let them know the individuals were not to be paid, pursuant to their contract. This was a non -enforceable subpoena and if anyone had contacted him beforehand, he would have explained to them they would not be penalized for failing to attend. He was aware in the first hearing in September that was cancelled that there was a person who was subpoenaed. That person's father contacted the judge and was told that she did not have to appear. Mr. Biga further explained that he had no knowledge that people were subpoenaed; he just had a witness list. Mr. Tatigian stated he was not criticizing Mr. Biga; he respected his decision and that he concurred that on the contract language Mr. Biga was 100% correct. The employees are not entitled to receive compensation; however, once they contacted their supervisors prior to the hearing and they attended with the understanding they would be paid, it was tough to say no. Mr. Biga responded the supervisors contacted him prior to hearing and he told them they would not be paid. The letter was a follow up after the hearing. That is when he had someone refute what Mr. Ponder had said. He also had an unfair labor practice fled against the City that refutes the fact that one of these employees does not have a personal interest. He quoted from the unfair labor practice, "while it is true that Mr. Ponder is apparently a part of AFSCME's existing bargaining unit at the City, he has taken an active and supportive role in a Recreation Center employee organizing drive." This indicated to Mr. Biga that this person had more than a passing interest in this case and he does have a personal involvement. Mr. Tatigian asked Mr. Ponder if this was true. Mr. Ponder responded yes, he was on the organizing committee at the Recreation Center. Mr. Campau didn't see how there was a connection between a personal involvement and an organizational involvement. Mr. Tatigian commented that if you belong to an organization, there is an interest of some sort. Mr. Biga suggested if the Civil Service Commission was in a quandary about the first hearing, that it is Pagel 1231° Regular Meeting December 6, 20D6 a gray area and these individuals should be paid. If the Civil Service Commission so chose, they could pay the individuals for that date, but make it clear so that any subsequent hearings would be on their own time. Mr. Tatigian said he understood how a subpoena could be kind of a threatening thing for the average person in this country. But in this case, it was kind of a meaningless piece of paper; a request to come down to the hearing and Mr. Biga was 100% correct on that. Ms. Saylor again referenced Section 40, "B," which states, "Jury duty and duty while appearing on a subpoena will be considered as time worked." Ms. Saylor stated this mentions nothing about a subpoena for a court. Mr. Tatigian advised her to read all of the language. Mr. Campau indicated he was ready to make a motion. Mr. Tatigian wanted to make it very clear to everyone that in the future, the employees would not get this kind of response if they attended one of these kinds of hearings. Upon a motion by Mr. Campau, seconded by Ms. Mahoney and unanimously adopted, it was 06-205 RESOLVED, That having reviewed AFSCME Union Local 192 Grievance #0631, dated November 28, 2006, from Yvonne Lillibridge, President, AFSCME Union Local 192, and after discussion with Ruth Ann Saylor, Chief Clerical Steward, AFSCME Union Local 192; Yvonne Lillibridge, President, AFSCME Union Local 192; Roger Ponder, Custodian; Peggy Jones, Clerical Steward AFSCME Union Local 192; and Robert F. Biga, Human Resources Director, that due to mitigating circumstances, the Civil Service Commission does hereby grant the remedy requested in the grievance and grants the paid time off for Ms. Lillibridge, and advises that in the future, there would not be paid time off for attending hearings that are not court ordered. AND BE IT FURTHER RESOLVED, That the Civil Service Commission does grant restoration of any leave time used. 06-206 RESOLVED, That having reviewed AFSCME Union Local 192 Grievance #06-26, dated November 28, 2006, from Roger Ponder, Custodian, and after discussion with Ruth Ann Saylor, Chief Clerical Steward, AFSCME Union Local 192; Yvonne Lillibridge, President, AFSCME Union Local 192; Roger Ponder, Custodian; Peggy Jones, Clerical Steward AFSCME Union Local 192; and Robert F. Biga, Human Resources Director, that due to mitigating circumstances, the Civil Service Commission does hereby grant the remedy requested in the grievance and grants the paid time off for Mr. Ponder, and advises that in the future, there would not be paid time off for attending hearings that are not court ordered. AND BE IT FURTHER RESOLVED, That the Civil Service Commission does grant restoration of any leave time used. 06-207 RESOLVED, That having reviewed AFSCME Union Local 192 Grievance #06-32, dated November 28, 2006, from Peggy Jones, Clerical Steward AFSCME Union Local 192, and after discussion with Ruth Ann Saylor, Chief Clerical Steward, AFSCME Union Local 192; Yvonne Lillibridge, President, Page 1231° Regular Meeting December 6, 20D6 AFSCME Union Local 192; Roger Ponder, Custodian; Peggy Jones, Clerical Steward AFSCME Union Local 192; and Robert F. Biga, Human Resources Director, that due to mitigating circumstances, the Civil Service Commission does hereby grant the remedy requested in the grievance and grants the paid time off for Ms. Jones, and advises that in the future, there would not be paid time off for attending hearings that are not court ordered. AND BE IT FURTHER RESOLVED, That the Civil Service Commission does grant restoration of any leave time used. Mr. Tatigian directed Mr. Biga to discuss this subject with Department Heads at a future staff meeting in order to educate all supervisory staff members to consult with Mr. Biga or his department if any future cases arise that may be ambiguous. Mr. Biga staled it should be noted there are times when employees challenge the supervisors interpretation of the contract when it is contrary to them. Mr. Tatigian recommended each case be considered on its own meat. Ms. Mahoney requested the Civil Service Commission change the November 21, 2007 meeting to November 14, 2007, since November 21 is the Wednesday before Thanksgiving. Chairperson Tatigian and Commissioner Campau agreed to the change. Mr. Biga stated a Notice would be sent out to inform all employees of the change in the schedule. The Civil Service Commission wished all a Happy Holiday. Upon a motion by Mr. Campau, seconded by Ms. Mahoney and unanimously adopted, it was RESOLVED, That the meeting be adjourned at 6:15 p.m. Gretchen Guisbert, Secretary III Harry C. Tatigian, Chairperson Ronald E. Campau, Commissioner Charlotte S. Mahoney, Commissioner