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HomeMy WebLinkAbout1239th CSC Meeting1239' REGULAR MEETING OF THE CIVIL SERVICE COMMISSION The 1239' Regular Meeting of the Civil Service Commission was held on Wednesday, August 22, 2007. The meeting was called to order at 5:34 p.m. Members Present: Also Present: Michael Bailey, Vice -President, Livonia Fire Fighters Union (LFFU) Francine Harmon, Clerk II Scott Rich, Firefighter Harry C. Tatigian, Chairperson Charlotte S. Mahoney Ronald E. Campau 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 Ms. Mahoney, seconded by Mr. Campau and unanimously adopted, it was 07-173 RESOLVED, That the minutes of the 1238th Regular Meeting held Wednesday, July 18, 2007, be approved as submitted. At the recommendation of Mr. Campau, the Commission reviewed the items of audience members who were present before the remaining items on the agenda. Upon a motion by Mr. Campau, seconded by Ms. Mahoney and unanimously adopted, it was 07-174 RESOLVED, That having reviewed the letter of August 2, 2007, from Patrick A. Hogan, Director of Public Works, recommending approval for an unpaid personal business leave of absence for Francine Harmon, Clerk II, the Civil Service Commission does hereby approve Ms. Harmon's request for an unpaid leave of absence for sixty (60) days, with the understanding that Ms. Harmon must first exhaust her vacation and personal business banks. Michael Bailey, Vice -President, Livonia Fire Fighters Union (LFFU) requested to review LFFU Grievance #07-01 at the end of the meeting because Scott Rich, Firefighter, would be late due to a family emergency. The Commissioners agreed to take care of other business before hearing this grievance. Robert Biga, Human Resources Director, presented the memorandum of June 11, 2007 regarding items to be considered for administrative approval and discussed the criteria under which this approval would be granted. Mr. Tatigian explained that this would help expedite things and that all the items handled administratively would be listed on the agendas for the Civil Service Commission's confirmation. Mr. Biga commented that one of the items is a summary of names that have been removed from eligible lists. Paget 1239' Regular Meeting August 22, 20D7 Mr. Tatigian requested that only in those cases where there was any question raised, would an issue be separately itemized, but otherwise these be under one confirming resolution for all items handled administratively. Mr. Biga stated he would group similar items together as a consent agenda. Ms. Mahoney clarified that if a decision made by the Human Resources Director did not grant what the employee requested, and the employee believed the Civil Service Commission would have acted on the request differently than the Human Resources Director, the employee has the right to have the item reviewed on the regular agenda by the Civil Service Commission. Mr. Tatigian emphasized that this procedure is being implemented to accommodate employees in expediting their requests for action. Upon a motion by Ms. Mahoney, seconded by Mr. Campau and unanimously adopted, it was 07-175 RESOLVED, That having reviewed the memorandum of June 11, 2007, from Robert F. Biga, Human Resources Director, regarding items to be considered for administrative approval, and having discussion with Mr. Biga, the Civil Service Commission does hereby grant the administrative approval of Leaves of Absence Without Pay, including Personal Leaves of Absence, Sick Leave, Military Leave and Maternity Leave; Establishment of Passing Points in Written Examinations; Eligible Lists; and Vacation Carryover in Excess of the Maximum for Non -Retirement and Retirement purposes, and it is with the understanding that should an employee's request not be approved, employees have the right to have their request reviewed by the Civil Service Commission. The Commission received and fled the Temporary Report for July 2007. Mr. Campau inquired about the length of employment of temporary employees in the Inspection Department. Derrick L. Washington, Personnel Analyst II responded that the temporary Clerk remained employed until the Department received a Certification of eligible candidates and hired a permanent Clerk -Typist. Mr. Biga added the temporary Inspectors work when someone is absent on vacation or seasonal demands require someone to fill in; they are not working on a regular basis and this was discussed with the Union and there were no objections. Mr. Campau inquired about the temporary Clerk - Typist position in the City Council office and Mr. Biga replied they have not been given authorization by the Personnel Review Committee to fill it on a permanent basis. Mr. Campau inquired if the Civil Service Department had notified the department to request an extension of the temporary employee and Mr. Biga stated the Civil Service Department would notify the Council office that a request for an extension of the temporary Clerk - Typist was needed. Mr. Biga announced that Bonnie Johnson, Technical Specialist, was going to be appointed as Director of Legislative Affairs. However, she announced she was planning to retire in November. Therefore, the Mayor has appointed Karen Tesner as the Director of Legislative Affairs. On the agenda is a request for an open -competitive examination for Assistant City Clerk with the proposed qualifications and parts of examination and weights to fill the anticipated vacancy. Page 1239'^ Regular Meeting August 22, 2001 The Commission received and fled the Non -Resident Report as of August 1, 2007. Mike Bailey, Vice -President, Livonia Fire Fighters Union (LFFU), presented LFFU Grievance #07-01, dated May 26, 2007, from Scott Rich, Firefighter, regarding denial of a dental reimbursement. He and explained that Mr. Rich went to the dentist to address a concern he had. He added the dentist found a problem and prescribed an electric toothbrush to address the problem. If the problem was unaddressed, the condition could worsen and prove to be costly. The Civil Service staff explained to them that the City -provided dental program is a reimbursement program for services rendered. The Union's position is that this is a part of the service because the dentist found a problem and Mr. Rich needed to get this piece of equipment to address it. They are asking for the reimbursement based on a prescription that was given to Mr. Rich. Mr. Tatigian inquired if an Oral-B® Triumphm toothbrush was something that could be purchased at a drug store or if Mr. Rich had to go to a pharmacist to purchase this. Mr. Bailey informed the Commission that this item was purchased at the dental office. Mr. Biga explained the City has a dental reimbursement program. It is not an insurance. The City has extended a reimbursement for dental insurance premiums paid by an employee to get their own insurance for members of the LLSA and LPOA. He stated the City is in arbitration with the Firefighters and they have a similar request in the arbitration. Mr. Biga stated there is no insurance denial. This is a denial by the Civil Service Department, as the request is not a reimbursement for services received. Mr. Biga presented a history of when the City first began having a dental benefit program in 1973. He referenced a copy of the contract provision from that labor contract article, Item F. He stated that has been the provision that has been in effect since December 1, 1974. He stated the wording of the current contract has not changed and the only thing that has changed since that time is the dollar amount of reimbursement. Mr. Biga added that the City sends out an annual notice to all employees notifying them of the turn -in period and the reimbursement program. The program has been defined by the City. The program is a reimbursement for the cost of services provided. Mr. Biga stated any expansion of the coverage is a negotiable item and is the responsibility of a bargaining unit to bring forth at the time of negotiations. The City has not had any request to do that. Mr. Tatigian clarified that this practice has been in effect for over 30 years and inquired if there had been other instances of requests for reimbursement for toothbrushes. Mr. Biga responded there have been three instances where employees have submitted requests for reimbursement for a toothbrush, this being one of them. The other two requests were denied. The other two toothbrushes were sold to the employee at the dentist's office. This is not a prescription; this is a recommendation from the dentist office. Mr. Biga stated that this is a long standing past practice which further defines what that contract provision says. Mr. Tatigian stated this was not a prescription and that this toothbrush could be obtained at K -mart, Wal-Mart or many other places. Mr. Bailey disagreed and stated prescriptions come in all forms. Page 1239'^ Regular Meeting August 22, 2007 Ms. Mahoney stated she thought this equipment was something the dentist said Mr. Rich ought to be using and the City reimburses for services, not equipment. If the Union needs to have other types of equipment considered for reimbursement, there is a need to negotiate this in the contract. Mr. Campau stated his feeling was the contract provides a dental reimbursement for expenses and the other definition was provided by the Civil Service Department. Mr. Campau made the following motion: 07-176 RESOLVED, That having reviewed Livonia Fire Fighters Union (LFFU) Grievance #07-01, dated May 26, 2007, from Scott Rich, Firefighter, regarding a denial of a dental reimbursement, and after discussion with Robert F. Biga, Human Resources Director, and Derrick L. Washington, Personnel Analyst II, the Civil Service Commission does hereby approve the request to have the expense of an electric toothbrush be approved for reimbursement under the program. The motion died for lack of support. Mr. Washington explained that the contract does not state the City would reimburse for prescriptions. Mr. Campau reiterated the contract states it reimburses for expenses. Mr. Biga stated the expenses are further defined because a toothbrush, toothpaste, toothpicks, dental floss are dental expenses and if he accepted what Mr. Campau was saying, then anyone could bring forth any dental expense beyond what is defined by virtue of the notices that have been sent out clarifying contract language. The notice further embellishes what the contract language is and becomes a part of the contract. Mr. Tatigian stated that custom and usage is a rule that is generally applied by the courts and used in questions pertaining to the contract. Mr. Bailey added that there have been approvals from Civil Service Department for teeth whitening. Mr. Bailey inquired why teeth whitening was considered a service. Ms. Mahoney stated that the City paid for every other service for Mr. Rich but the toothbrush was not a service. Mr. Washington pointed out that the City paid for teeth whitening when it is performed by the dentist. We have not paid for teeth whitening when it was purchased over the counter. Mr. Bailey stated that was not true and it has happened with him twice. Mr. Bailey stated it was a packet that the dentist provided through the service, which he could have purchased at Farmer Jack's and it was approved twice. Ms. Mahoney inquired if the dentist performed the service for him and Mr. Bailey said no. Mr. Bailey stated he surveyed many people and there have been many people with whitening and that in itself says that it is accepted as a product, but yet, when Mr. Rich has a condition that has to be address, the City is saying no, it is not a service. Mr. Biga stated if the dentist billed us for a whitening service and what he did was give the patient a product to have them do that, that is fraud and we would take exception to that and it would be pursued with the dentist. If the dentist performs the service, we reimburse for the service. If the dentist gives you something and then says this is whitening services, and he never does the service, that is fraud. We reimburse for services. Anything else we don't. Ms. Mahoney indicated that the invoice Mr. Rich received for reimbursement is being interpreted as a service, not as a product. Mr. Biga confirmed that would be the only way we would reimburse for it. Mr. Tatigian stated when he was a City employee he was turned down Page 5 1239' Regular Meeting August 22, 2001 on dental reimbursement requests. He was very upset about it and he lived with it. This is only an $89 item and there is a slippery slope if we start approving these requests. It is going to open up a Pandora's box, anything from toothbrushes to toothpaste. He asked if there were any more comments from anyone. Mr. Bailey said no thank you. The Chairperson stepped down to second the following motion. Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian and adopted, it was 07-176 RESOLVED, That having reviewed Livonia Fire Fighters Union (LFFU) Grievance #07-01, dated May 26, 2007, from Scott Rich, Firefighter, regarding a denial of a dental reimbursement, and after discussion with Michael Bailey, Vice -President, LFFU; Robert F. Biga, Human Resources Director, and Derrick L. Washington, Personnel Analyst II, the Civil Service Commission does hereby deny the request for dental reimbursement. AYE: Mahoney and Tatigian NAY: Campau Upon a motion by Ms. Mahoney, seconded by Mr. Campau and unanimously adopted, it was 07-177 RESOLVED, That having reviewed the letter of July 30, 2007, from Elizabeth Slone, Tax Account Clerk, as recommended for approval by Linda Grimsby, Treasurer, requesting an unpaid medical leave of absence, the Civil Service Commission does hereby approve Ms. Stone's request for an unpaid medical leave of absence through October 30, 2007, pursuant to Civil Service Commission RULE 25, LEAVES, Section 25.5 Leaves of Absence. Mr. Tatigian expressed condolences to the family of George C. Harper, retired Livonia Police Officer, who recently passed away. Mr. Tatigian stated he knew him personally and that Officer Harper spent 10 years with the Detroit Police Department before coming to Livonia and he was one heck of a good police officer. Mr. Tatigian also stated that Officer Harper assisted Mr. Tatigian in the revision of the Livonia Traffic Ordinance and he was a good man. Upon a motion by Mr. Campau, seconded by Ms. Mahoney and unanimously adopted, it was 07-178 RESOLVED, That having reviewed the letter of August 6, 2007, from Robert Stevenson, Police Chief, requesting additional three (3) family illness days above the eight (8) days permitted in Civil Service Commission Rules, for James Harper, Senior Police Officer, the Civil Service Commission does hereby approve the use of three (3) additional eight (8) hour paid sick leave days, beyond the maximum eight (8) days allowed per calendar year in Civil Service Rules 25.2(e). Upon a motion by Mr. Campau, seconded by Ms. Mahoney and unanimously adopted, it was 07-179 RESOLVED, That having reviewed the memorandum of August 20, 2007, from Robert F. Biga, Human Resources Director, requesting an open- Page 6 1239'^ Regular Meeta g August 22, 2007 competitive examination for Assistant City Clerk 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. Have a high school diploma or it's equivalent; AND 3. Have an Associate's Degree from an accredited education institution with a business related major OR Have four (4) years of administrative office work experience, AND 4. Have at least two (2) years of municipal work experience in an administrative office such a City/Township Clerk, Treasurer, legislative office, executive office, finance, etc; AND 5. Possess a Certified Municipal Clerk (CMC) designation or obtain one within three (3) years of employment; AND 6. Have a demonstrated ability to work in a confidential work environment; AND 7. Have a demonstrated ability to use Microsoft applications such as Word, Excel and Access, as well as database applications; and a familiarity with Adobe Acrobat. PARTS OF EXAMINATION AND WEIGHTS 100% Interview In the event the number of qualified applicants exceeds fifteen (15), an evaluation will be made of the applicants and the fifteen (15) applicants with the most appropriate and responsible combination of experience and training will be invited to the Interview. Candidates must pass the Interview in order to be placed on the eligible list. The Commission received and fled the expiring eligible list for September 2007. Upon a motion by Mr. Campau, seconded by Ms. Mahoney and unanimously adopted, it was 07-180 RESOLVED, That the Civil Service Commission does hereby approve a passing point of 69 or 69% of the maximum score of 100 for the written test for Building Mechanic 1 (1253 p.). Upon a motion by Mr. Campau, seconded by Ms. Mahoney and unanimously adopted, it was 07-181 RESOLVED, That the Civil Service Commission does hereby approve a passing point of 70 or 70% of the maximum score of 100 for the written test for Water Meter Repairer 1 (1254 p.). Pagel 1239' Regular Meeting August 22, 2001 Upon a motion by Mr. Campau, seconded by Ms. Mahoney and unanimously adopted, it was 07-182 RESOLVED, That the Civil Service Commission does hereby approve a passing point of 70 or 70% of the maximum score of 100 for the written test for Police Service Aide (897 o.c.). Upon a motion by Mr. Campau, seconded by Ms. Mahoney and unanimously adopted, it was 07-183 RESOLVED, That the Civil Service Commission does hereby approve the eligible list for Building Mechanic 1 (1253 p.), as submitted. Upon a motion by Ms. Mahoney, seconded by Mr. Campau and unanimously adopted, it was 07-184 RESOLVED, That the Civil Service Commission does hereby approve the eligible list for Water Meter Repairer 1 (1254 p.), as submitted. Upon a motion by Mr. Campau, seconded by Ms. Mahoney and unanimously adopted, it was 07-185 RESOLVED, That the Civil Service Commission does hereby approve the eligible list for Technical Specialist -City Council (899 o.c.), as submitted. The Commission received and fled the following: a. Council Resolutions from the July 18, 2007 meeting, with minutes to be approved August 13, 2007. b. Affirmative Action Report for July 2007. C. Current Open -Competitive and Promotional Eligible Lists as of August 1, 2007. d. Removal from a current eligible list for the month of August 2007. Upon a motion by Mr. Campau, seconded by Ms. Mahoney and unanimously adopted, it was RESOLVED, That the meeting be adjourned at 6:25 p.m. Gretchen Guisberl, Secretary III Harry C. Tatigian, Chairperson Ronald E. Campau, Commissioner Charlotte S. Mahoney, Commissioner