HomeMy WebLinkAbout1262nd CSC Meeting1262nd REGULAR MEETING OF THE
CIVIL SERVICE COMMISSION
The 1262nd Regular Meeting of the Civil Service Commission was held on Wednesday, July
15, 2009. The meeting was called to order at 5:31 p.m.
Members Present: Ronald Campau, Chairperson
Charlotte S. Mahoney
Harry C. Tatigian
Also Present:
Ward Cowen, Sewer Maintenance Worker I Steven Schoonover, Vice -President,
Charles Locke, President, AFSCME Union AFSCME Union Local 192
Local192 Brian Wilson, Superintendent of Public
Vickey Locke, Sewer Foreman Service
Timothy Richards, Water 8 Sewer Robert F. Biga, Human Resources Director
Supervisor Derrick L. Washington, Personnel Analyst 11
Gretchen Guisbert, Secretary III
Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian and unanimously adopted, it was
09-140 RESOLVED, That the minutes of the 1261" Regular Meeting held
Monday, June 15, 2009, be approved as submitted.
Upon a motion by Mr. Tatigian, seconded by Ms. Mahaney and unanimously adopted, it was
09-141 RESOLVED, That the Civil Service Commission does hereby
confirm the administrative approval of the passing point of 70 or 70% of the
maximum score of 100, for the written test for Water Meter Repairer 1 (1297 p.).
09-142 RESOLVED, That the Civil Service Commission does hereby
confirm the administrative approval of the eligible list for Water Meter Repairer 1
(1297 p.).
The Commission received and fled the following:
Status of Temporary Employees Report for June 2009.
Non -Resident Report as of July 1, 2009.
Current Open -Competitive and Promotional Eligible Lists as of
July 1, 2009.
Affirmative Action Report for June 2009.
09-143 RESOLVED, That having reviewed the expiring eligible lists for the
month of August 2009 — Building Inspector (916 o.c.), Clerk -Typist 1 (889 o.c.)
and Sign Foreman (1283 p.), the Civil Service Commission does hereby confine
the administrative approval to extend the eligible list for Clerk -Typist 1 (889 o.c.)
for three (3) months until November 17, 2009.
Paget 1262.d Regular Meeting July 15, 2009
f. Removal of names from active eligible list report for the month of
July 2009 - none.
g. Council Resolutions from the June 10, 2009 meeting with minutes to be
approved June 22, 2009:
(1) #258-09, referring the matter of prohibiting utilization of City fuel in
connection with personal use of City vehicles, to the Committee of
the Whole for its report and recommendation.
(2) #259-09, discharging the Committee of the Whole from further
consideration of Council Resolution 164-09 relating to placing City
logos on City -owned vehicles, and directing the matter for
consideration by the City Council.
(3) #260-09, referring the matter of placing logos on City -owned vehicles
to the Department of Law for preparation of a policy or Ordinance
requiring City logos to be placed on all City -owned vehicles with the
exception of the Mayor, 161M1 District Court Judges, and Police
vehicles used for undercover or surveillance purposes, for
submission to Council.
h. Council Resolution from the June 22, 2009 meeting with minutes to be
approved July 8, 2009:
(1) #266-09, requesting approval of the appointment of Jeffrey Staebler,
to the Livonia Plymouth Road Development Authority as a Resident
Member at Large for a four-year term expiring May 16, 2013.
i. Letter of June 16, 2009, from Robert F. Biga, Human Resources Director to
City Council, transmitting the Livonia Lieutenants and Sergeants
Association Contract Agreement for the period December 1, 2006 through
November 30, 2012 and a letter of June 29, 2009, from Council President
Laura Toy, to City Council members, requesting that a Closed Committee of
the Whole meeting be scheduled to discuss same.
j. Letter of July 8, 2009, from Laura Toy, President, City Council, requesting
that a Closed Committee of the Whole meeting be scheduled to discuss the
salary and fringe benefit adjustments for Police Command for the period
December 1, 2006 through November 30, 2012.
Brian Wilson, Superintendent of Public Service, requested an extension of probation for Ward
Cowen, Sewer Maintenance Worker I, and explained that the last Civil Service Commission
meeting was held on June 15, 2009. If the Department requested an extension of probation
for the June agenda, Mr. Cowen's rating would have had to be completed in the first week of
June, immediately following Mr. Cowen's June 1st, two (2) month rating, so the Department
feels this request was submitted as timely as it could have been after the three (3) month
failing rating. In reviewing the situation with the Supervisor, Timothy Richards and Foreman,
Vickey Locke, performance issues and problems were pointed out to Mr. Cowen during his
probation. Issues included excessive use of cell phone, lunch hours lasting longer than the
prescribed time, among other things. Mr. Cowen indicated to Mr. Wilson that he talked to his
Supervisor about his failing rating and the Supervisor indicated he would be happy to convene
Page 1262.d Regular MeeOrg July 15, 2009
all the parties and review the areas of concern. Since Mr. Cowen felt this was more of a
communication issue than his work habits, Mr. Wilson urged him to follow up with the
Supervisor and discuss that matter. Although Mr. Cowen didn't do that, the Foreman indicated
to Mr. Wilson that Mr. Cowen did speak to her and asked about the problem areas and what
the expectations were of him. In the area of work habits, the following were indicated: (1) Mr.
Cowen's use of his cell phone kept him from doing his job, as well as causing co-workers to
wait for him; (2) telling the crew leader he had to use the restroom, disappearing for 20 to 30
minutes; (3) telling other employees that his Foreman told him he didn't have to do certain
work functions when in fact the Foreman never said that; (4) complaining about the way jobs
are being done; and (5) moving slowly causing others to pick up the slack.
Mr. Wilson said there are two (2) choices. Mr. Cowen has a failing final rating which will result
in his failure to complete the examination and his removal from the position. Mr. Cowen has
indicated he would like to stay in the Sewer Maintenance Worker I position. The second
choice is an extension of probation. After talking to Mr. Cowen's Foreman and Supervisor, a
plan was developed to meet with Mr. Cowen on a bi-weekly basis during his extension of
probation to review any areas of concem, what the expectations are and what he needs to do
to bring areas of performance up to a satisfactory level. Mr. Wilson advised that Vickey Locke,
the Sewer Foreman, and Tim Richards, the Water and Sewer Supervisor, were present to
answer any questions the Commission had.
Charles Locke, President, AFSCME Union Local 192, stated he had discussion with
Mr. Richards and Ms. Locke regarding what Mr. Wilson says about Mr. Cowen's marginal
performance. Mr. Locke indicated Mr. Cowen's first rating was a 72 and the second was a 74.
He stated that traditionally ratings in the City are not that high, so to say that was marginal, is
an exaggeration. The ratings show that Mr. Cowen was increasing in performance. There
was no dialogue written or verbal, given to Mr. Cowen between his second and his third rating,
indicating that his performance was slipping. Performance issues were raised on the last day
of the rating when he was handed the sheet. He believed that this was a blatant attempt to
make the probationary period six (6) months. As far as the reasons for failing, he didn't think
the Foreman directed any of these to the employee's attention. He also believed this was
brought about by hearsay and unless the individual was observed doing these things, how do
you know it is true? Mr. Locke believed there was a third option that Mr. Wilson didn't cover
and that would be to pass Mr. Cowen on his probation, based on the fact that he was,
according to the first two (2) ratings, on an upward climb and then without indication from
Management, Mr. Cowen failed. He didn't feel any Union employee should suffer for the lack
of a Foreman or Supervisor doing their job, because while they are on probation, they are
supposed to be giving them direction and that didn't happen.
Mr. Wilson disagreed with that ascertalion, stating there was dialogue with Mr. Cowen prior to
the failing rating. He stated there are problem areas and they need to be addressed and they
are looking to develop a plan to review where Mr. Cowen is.
Mr. Locke rebutted Mr. Wilson's reply stating if they are willing to go to an every week
evaluation, why wasn't this done when they first realized there was a problem, if there is a
problem.
Mr. Wilson reiterated the rating was done at the end of June and the timeframe for any
grievance has long past.
Page 1262.d Regular Meeting July 15, 2009
Mr. Tatigian asked Mr. Cowen if he had any problem with a three-month extension of his
probationary period, if he was faced with the fact that the last rating was a failing one.
Mr. Cowen replied he doesn't feel he deserved it, but he could do it. He believed it was all
untrue and nobody has said a word to him about these performance deficiencies.
Ms. Mahoney stated she was confused because one side said Mr. Cowen was talked to and
the other side said he wasn't talked to.
Mr. Tatigian asked Mr. Wilson if the extension had to be for three (3) months. He then asked if
this could be reduced to a two (2) month probationary period. Mr. Wilson stated two (2)
months would be fine. Mr. Cowen agreed.
Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was
09-144 RESOLVED, That having reviewed the letter of July 1, 2009, from
Brian Wilson, Superintendent of Public Service, and Kevin Maillard, Director of
Public Works, requesting an extension of probation for Ward Cowen, Sewer
Maintenance Worker I, and having discussion with Brian Wilson, Superintendent
of Public Service; Charles Locke, President, AFSCME Union Local 192; and
Ward Cowen, Sewer Maintenance Worker I, the Civil Service Commission does
hereby approve a two (2) month extension of probation for Mr. Cowen.
Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian and unanimously adopted, it was
09-145 RESOLVED, That having reviewed the letter of July 9, 2009, from
Rondi Andersen, Computer Administrator II, recommended for approval by Daniel
T. Putman, Information Systems Director, requesting approval to use six (6)
additional sick leave days for family illness, the Civil Service Commission does
hereby approve Ms. Andersen's request for six (6) additional sick leave days for
family illness.
Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was
09-146 RESOLVED, That having reviewed the legal opinion dated June 12,
2009, from Jack Timmony, Attorney for the Livonia Employees' Retirement
System, indicating that Councilmember John Pastor is eligible to participate in
the Defined Contribution Plan since he never opted out of the plan, the Civil
Service Commission does hereby approve Mr. Pastors request to be included in
the plan;
AND BE IT FURTHER RESOLVED, that if Mr. Pastor makes the required
employee contribution for his employment from January 1, 1998 through January
1, 2002 he be credited with that service and the City shall make the appropriate
employer contribution based on the circumstances discussed in Mr. Timmony's
letter.
Pages 1262" Regular MeeOrg July 15, 2009
Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian and unanimously adopted, it was
09-147 RESOLVED, That having reviewed the letter of July 13, 2009, from
Larry Rushing, Code Enforcement Officer, recommended for approval by Alex
Bishop, Director of Inspection, requesting an unpaid medical leave of absence,
the Civil Service Commission does hereby confirm the administrative approval of
Mr. Rushing's request for an unpaid medical leave of absence for a period not to
exceed sixty (60) days beginning on August 5, 2009;
AND BE IT FURTHER RESOLVED, This unpaid medical leave is subject to Mr.
Rushing providing additional medical certification from his personal physician
should he need to extend his unpaid medical leave beyond sixty (60) days.
Robert F. Biga, Human Resources Director, advised that in light of the current economic
conditions of the City, there have been meetings with the Mayor and the Finance Director and
the Mayor is proposing certain changes in the compensation package for future non -
represented employees. He explained that one of the things that is happening very rapidly is
that more employers are going away from providing health care benefits for their retirees. In
the public sector people are getting into retirement health savings accounts. The program
would begin with employees contributing the two (2) percent that employees presently do for
Voluntary Employees Beneficiaries Association (VEBA). Employee contributions would go into
a plan and the City would contribute money bi-weekly which would also go into the plan. The
plan is being set up. Under the plan employees can direct how the monies would be invested.
The employee would be eligible to receive this money after ten (10) years of service with a
vesting schedule put into place. The money could be used for a variety of things such as
health care benefits. If they wanted to buy long-term care insurance, Medicare co-insurance
costs, payments for hearing aids and any allowable health care expense. The employee would
have funds to be used for whatever medical related purposes they wanted.
Ms. Mahoney clarified that this is for new employees as retirees or terminated employees, they
would have access to this money, with the limitation that it would be spent on for health care
related expenses. Mr. Biga further clarified that the money could be passed along to a
survivor, a beneficiary; it doesn't have to be the spouse. Monies can be passed along to
whomever, but all of it must be used for health care.
Mr. Biga stated this would require the Civil Service Commission and City Council approval.
Mr. Tatigian asked if they should be making these kinds of decisions right now, in light of new
movement in Washington regarding health care reform. Mr. Biga believed that in the future,
there may not be private health insurance and these funds would be used as a supplement to
national health care. Mr. Campau inquired if Mr. Biga had any idea how much would be in the
account after thirty (30) years. Mr. Biga replied that the projection is that it could be in excess
of $100,000. Mr. Campau asked if they could imagine how much one operation would cost
thirty (30) years from now. Ms. Mahoney responded that employees could buy insurance with
the money. Mr. Campau inquired what would happen for people who invest this money in the
stock market. Mr. Biga stated the investment alternatives offered in the plan are conservative
for that very reason.
Page 6 1262" Regular Meeting July 15, 2009
Mr. Campau asked if proposals 1, 2 and 3 are combined recommendations and Mr. Biga
replied that they could be handled individually. Ms. Mahoney clarified that after the Civil
Service Commission adopted the resolutions for new hires, the matter has to go to Council and
they would also have to approve these three (3) proposals. Mr. Biga confirmed that was
correct.
Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and adopted, it was
09-148 RESOLVED, That having reviewed the proposal to establish a post -
employment medical program for future non -represented employees, the Civil
Service Commission does hereby adopt the following, to be effective December
1, 2009, and directs the Human Resources Director to bring proposed
Compensation Plan amendments to the August 20, 2009 regular meeting for Civil
Service Commission review before being submitted to City Council:
All new employees would contribute two percent (2%) of their
wages to the program. The City would contribute $50 per pay
period. Upon termination after ten (10) years of service, the sick
leave payout would be deposited in the account. This account
would be used by the employee or his survivors for health care
related expenses. These expenses would include such things as
health insurance premiums, deductibles, co-insurance costs,
Medicare co-insurance costs, direct payments for medical benefits,
dental benefits, optical benefits or hearing benefits or any medical
related expenses allowed by the Internal Revenue Service.
AYES: Tatigian and Mahoney NAYS: Campau
Mr. Biga explained the second proposal is regarding overtime and stated that the Fair Labor
Standards Act (FLSA) requires that employees would only be eligible for overtime payments at
a premium pay rate after they had worked forty (40) hours a week. If an employee works ten
(10) hours in one (1) day, the extra hours could be balanced oft at a later date within that work
week and if the person ended up working only forty (40) hours in a week, then that person
would not be qualified for overtime. Also under the FLSA if someone takes a day oft during the
week and they are paid, but they didn't work, i.e., they took a sick day, a vacation day or a
holiday and then they had to work extra hours to get their job done, until they actually worked
forty (40) hours, they would not be eligible for overtime pay. This provision is to comply with
the FLSA, not with what has been the practice. Mr. Carni asked how long this has been
part of the FLSA and Mr. Biga replied that it has been in the FLSA since it has been adopted,
1938. The matter is negotiated by State law for represented employees. Mr. Campau asked
what the current practice was for non -represented employees and Mr. Biga said that any hours
worked over eight (8) hours in one work day is paid at time -and -a -half, for those who are
eligible, but not all non -represented employees were eligible.
Charles Locke, President, AFSCME Union Local 192, realized that this proposal was for non -
represented employees, but he suspected if Mr. Biga were to get this adopted for non -
represented employees, he might try to use that in future 192 negotiations. Mr. Biga stated
Page] 1262" Regular Meeting July 15, 2009
that the State of Michigan now uses this provision for their prison guards. Mr. Campau
commented that benefits are being eroded left and right.
Ms. Mahoney indicated that the Mayor of this community has been working very hard to move
this City forward in an attempt to save dollars and she didn't agree with all that he has done,
but in the process of trying to move forward and in looking at the private sector, there is a 32 or
40 hour work week prior to any overtime being paid, as hours worked. She believed they
needed to support the City in an attempt to move forward to try to maintain a reasonable
budget they can deal with.
Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian and adopted, it was
09-149 RESOLVED, That having reviewed the proposal to establish a
program for future non -represented employees, the Civil Service Commission
does hereby adopt the following, to be effective December 1, 2009, and submits
same to City Council for their review and approval:
Change overtime to comply with the Fair Labor Standards Act that
only hours worked in a work week in excess of forty (40) would be
compensated at the premium pay rate. Employees could balance
extra hours worked on one (1) day within a work week with hours
worked so that the total does not exceed forty (40). The Human
Resources Director shall draft an amendment to the City's
Compensation Plan to implement this change.
AYES: Tatigian and Mahoney NAYS: Campau
Mr. Biga explained that the third proposal for new non -represented employees is to establish a
formal compensatory time program. Under FLSA employees can have compensatory time in
lieu of paid overtime. The City does not have a formalized compensatory time program, but
they do have comp time on the books. This is an opportunity to formalize this practice to
protect those banks and to set up some standards so everyone understands they can
accumulate forty (40) hours and that's it, after that you would be paid.
Mr. Tatigian asked how it benefitted anyone to put a forty (40) hour maximum on this. Ms.
Mahoney asked when comp time is accumulated, is it calculated at time -and -a -half or hour for
hour. Mr. Biga replied it is at the premium rate if you work more than forty (40) hours. If you
had a holiday and had to work on Saturday it would be at straight time. If you worked forty (40)
hours in a week, then worked on Saturday, Saturday would be calculated at lime -and -a -half.
The provision will have if someone leaves and they have forty (40) hours in their bank, they
can be paid off in cash. Ms. Mahoney inquired if someone had eighty (80) hours on the books
they would be grandfathered in. Mr. Biga stated you would not be able to accumulate more
until it was down to forty (40). All hours in excess of forty (40) will have to paid out in cash.
Mr. Locke disagreed with Mr. Biga. He asked if this would be a rolling forty (40) hours, that if
an employee accumulated forty (40) and uses it, do they start back at zero and accumulate
another forty (40)? Mr. Biga replied that the 192 contract does not have compensatory time, it
didn't really matter. Mr. Locke was thinking ahead for potential questions he may be asked.
Page 0 1262.d Regular Meeting July 15, 2009
Ms. Mahoney stated it was a good question. Mr. Biga stated the maximum is there so the City
doesn't have employees with excessive comp time when they retire. Compensatory time
banks are dynamic, meaning that employees can use time and accumulate additional
compensatory time on a daily basis.
Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian and unanimously adopted, it was
09-150 RESOLVED, That having reviewed the proposal to establish a
program for future non -represented employees, the Civil Service Commission
does hereby adopt the following, to be effective December 1, 2009, and submits
same to City Council for their review and approval:
Establish a formalized compensatory time program which presently,
is not in existence. The maximum number of hours permitted to be
accumulated would be forty (40) hours or as permitted by the Fair
Labor Standards Act. The Human Resources Director shall draft
an amendment to the City's Compensation Plan to implement this
change.
Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian and unanimously adopted, it was
RESOLVED, That the meeting be adjourned at 6:13 p.m.
Gretchen Guisbert, Secretary III
Ronald E. Campau, Chairperson
Charlotte S. Mahoney, Commissioner
Harry C. Tatigian, Commissioner