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HomeMy WebLinkAbout1264th CSC Meeting1264' REGULAR MEETING OF THE CIVIL SERVICE COMMISSION The 1264th Regular Meeting of the Civil Service Commission was held on Wednesday, September 16, 2009. The meeting was called to order at 5:33 p.m. Members Present: Ronald Campau, Chairperson Charlotte S. Mahoney (5:42 p.m.) Harry C. Tatigian Also Present: Dennis DeMeyer, Building Inspector Brian Wilson, Superintendent of Public Charles Locke, President, AFSCME Union Service Local 192 Robert F. Biga, Human Resources Director Michael T. Slater, Director of Finance Derrick L. Washington, Personnel Analyst II Gretchen Guisbert, Secretary III The Chairperson stepped down to second the following motions until Ms. Mahoney could be present: Upon a motion by Mr. Tatigian, seconded by Mr. Campau and adopted, it was 09-168 RESOLVED, That the minutes of the 1263rd Regular Meeting held Thursday, August 20, 2009, be approved as submitted. 09-169 RESOLVED, That having reviewed the letter of August 19, 2009, from Debra Finkbeiner, Clerk I, as approved for submission by Kathleen Monroe, City Librarian, requesting an intermittent unpaid leave of absence, the Civil Service Commission does hereby confirm the administrative approval of Ms. Finkbeiners request for a sixty (60) day unpaid intermittent leave of absence after she exhausts her vacation and personal business leave banks. 09-170 RESOLVED, That having reviewed the letter of August 19, 2009, from Ghada Bochenek, Library Aide II, as approved for submission by Kathleen Monroe, City Librarian, requesting additional Family Illness leave and a request for an intermittent unpaid leave of absence, the Civil Service Commission does hereby confirm the administrative approval of Ms. Bochenek's request for an additional six (6) days from her personal illness bank to be used for family illness and approves her request for a sixty (60) day unpaid intermittent leave of absence after she exhausts her vacation and personal business leave banks. 09-171 RESOLVED, That having reviewed the Departmental Correspondence of September 8, 2009, from Angelo Colone, Senior Police Officer, as approved for submission by Robert Stevenson, Police Chief, requesting carry over of vacation days based on a projected retirement date of September 8, 2012, the Civil Service Commission does hereby confirm the administrative approval to carry over excess vacation days; Paget 1204'° Regular Meeting September 16, 2009 AND BE IT FURTHER RESOLVED, that the maximum number of days permitted for payoff at retirement is sixty-eight (68) as established in accordance with the Livonia Police Officers Association contract, Article 22.9, Vacation Accrual and Civil Service Commission Rule 25, LEAVES, Section 25.1 Annual Leave (Vacation), paragraph (f), AND BE IT FURTHER RESOLVED, that the maximum number of days is based upon the employee qualifying for the bonus vacation days for not using more than five (5) sick leave days annually in the three (3) years immediately prior to retirement. 09-172 RESOLVED, That the Civil Service Commission does hereby confirm the administrative approval of the eligible list for Clerk -Typist II (Non- competitive), for Nancy Siegle. The Commission received and fled the following: Status of Temporary Employees Report for August 2009. Non -Resident Report as of September 1, 2009. Current Open -Competitive and Promotional Eligible Lists as of September 1 2009. Affirmative Action Report for August 2009. 09-173 RESOLVED, That having reviewed the expiring eligible lists for the month of October 2009 — City Engineer (917 o.c.), Assistant Director of Inspection (1286 p.) and Police Officer (1285 p.), the Civil Service Commission does hereby confinn the administrative approval to extend the Police Officer (1285 p.) eligible list for six (6) months until April 16, 2010. Removal of names from active eligible list report for the month of September 2009— none. Council Resolutions from the August 26, 2009 meeting with minutes to be approved September 9, 2009. (1) #364-09, approving the salary and fringe benefit adjustments for the classification of Fire Chief for the period of December 1, 2008, through November 30, 2012. (2) #365-09, discharging the Committee of the Whole from further consideration of Council Resolution #337-09 relating to the proposed salary and fringe benefit adjustments for the Police Command Staff for the period December 1, 2006, through November 30, 2012, and directing the matter to be taken up for consideration by the City Council. (3) #366-09, approving the salary and benefit adjustments for the Police Command Staff for the period December 1, 2006, through November 30, 2012. Page 12W Regular Meeting September 16, 2009 09-174 RESOLVED, That having reviewed the Departmental Correspondence of August 21, 2009, from Donald Donnelley, Fire Marshal, as approved for submission by Shadd A. Whitehead, Fire Chief, requesting permission to carry over vacation days in excess of the maximum based on a new projected retirement date of August 5, 2012, the Civil Service Commission does hereby approve Mr. Donnelley's request to carry over excess vacation days up to a maximum payout of sixty-eight (68) eight (8) hour days as provided by the Livonia Firefighters Union contract. 09-175 RESOLVED, That having reviewed the letter of August 26, 2009, from Brian Wilson, Superintendent of Public Service and Kevin Maillard, Director of Public Works, requesting a promotional examination for Sewer Maintenance Worker 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, are: Employed in the Department of Public Works; and Have regular status in a permanent classification; and Eligible for either a Temporary Instruction Permit (TIP) for, or have a valid Group "A" or "B" Commercial Drivers License with Air Brake, 'N' endorsement, and must have or be eligible for, a valid Industrial Truck Driving Permit for operation of a forklift. An employee in this classification is subject to all requirements of the Federal Omnibus Transportation Employee Testing Act of 1991, as amended. PARTS OF EXAMINATION AND WEIGHTS Written Test - 80% Departmental Rating - 20% Candidates must pass the Written Examination in order to be placed on the eligible list. Pursuant to AFSCME Local 192, Promotions 20.13. in competitive examinations which include Departmental Ratings, the Departmental Rating from 0 to 100 will count 20% of the examination, but a score under 70 will not disqualify the candidate from continuing in the process. 09-176 RESOLVED, That having reviewed the letter of August 26, 2009, from Brian Wilson, Superintendent of Public Service and Kevin Maillard, Director of Public Works, requesting a promotional examination for Sewer Maintenance Worker 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 12W Regular Meeting September 16, 2009 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 Department of Public Works; and Have regular status and one (1) year of experience as a Sewer Maintenance Worker I; and Eligible for either a Temporary Instruction Permit (TIP) for, or have a valid Group "A" or "B" Commercial Drivers License with Air Brake, "N" endorsement and must have or be eligible for, a valid Industrial Truck Driving Permit for operation of a forklift. An employee in this classification is subject to all requirements of the Federal Omnibus Transportation Employee Testing Act of 1991, as amended. PARTS OF EXAMINATION AND WEIGHTS Performance Examination - 80% Departmental Rating - 20% Candidates must pass the Performance Examination in order to be placed on the eligible list. Pursuant to AFSCME Local 192, Promotions 20.13. in competitive examinations which include Departmental Ratings, the Departmental Rating from 0 to 100 will count 20% of the examination, but a scare under 70 will not disqualify the candidate from continuing in the process. 09-177 RESOLVED, That having reviewed the letter of August 31, 2009, from Todd Zilincik, City Engineer, and Kevin Maillard, Director of Public Works, 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: QUALIFICATIONS The examination is open only to employees of the City of Livonia who, by the closing date of the announcement, are: 1. Are employed in the City of Livonia; and 2. Have regular status in the classification of Clerk I, Clerk -Typist I or Tax Clerk; and 3. Have a minimum of one (1) year experience with the City of Livonia. 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. Pages 12W Regular Meeting September 16, 2009 Candidates must pass Written Test in order to be placed on the eligible list. Pursuant to AFSCME Local 192, PROMOTIONS 20.B. in competitive examinations which include Departmental Ratings, the Departmental Ratings from 0 to 100 will count as 20% of the examination, but a score under 70 will not disqualify the candidate from continuing the process. 09-178 RESOLVED, That having reviewed the letter of September 10, 2009, from Dennis DeMeyer, Building Inspector, as approved for submission by Alex Bishop, Director of Inspection, requesting a one-time exception to be allowed to opt -out of the City of Livonia's health insurance plan after the open - enrollment period, the Civil Service Commission does hereby approve a one-time exception to allow Mr. DeMeyer to opt -out, subject to Mr. DeMeyer providing evidence of possessing insurance through a source other than the City of Livonia. 09-179 RESOLVED, That the Civil Service Commission does hereby confirm the administrative approval of the eligible list for Accountant III (1298 p.). 09-180 RESOLVED, That having reviewed the memorandum of September 16, 2009, from Michael T. Slater, Director of Finance, requesting an open - competitive examination for Chief Accountant 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 Bachelor's Degree from an accredited college or university with a major in Accounting, or an acceptable equivalent of experience and training; AND 3. Have five (5) years of full-time paid supervisory experience in the field of accounting within the last ten (10) years; AND 4. Have at least two (2) years of full -lime paid work experience related to governmental accounting. PARTS OF EXAMINATION AND WEIGHTS 100% Interview Candidates must pass the Interview in order to be placed on the eligible list. The Commission took a brief recess at 5:40 p.m. Ms. Mahoney arrived at the meeting at 5:42 p.m. The Commission meeting reconvened at 5:44 p.m. Page 12W Regular Meeting September 16, 2009 Charles Locke, President, AFSCME Union Local 192, presented Grievance #09-21, dated July 22, 2009, from Paula Bryant, Engineering Trainee, regarding a work assignment and explained that on June 3, 4, 5 and 8, 2009, Ms. Bryant was asked to take over job duties of Randy Toma, who is an Engineering Assistant I. Ms. Bryant did the job and she was not paid for the upgrade in pay rate. Mr. Locke stated Mr. Wilson cited one of the reasons for not paying her was per Article 39, Temporary Assignment and Promotions, paragraph A, which states in part, "Temporary assignments for the purpose of filling a vacancy of Employees who are on vacation, absent because of illness, etc...... and no one was on vacation, ill or otherwise off work. Mr. Locke asserted that there was a position vacant due to a death. He believed that qualifies if Article 39, paragraph A is cited. Mr. Tatigian inquired what work Ms. Bryant performed. Mr. Locke replied that according to Ms. Bryant's statement, she marked the sidewalks. Mr. Tatigian thought she only wrote down the addresses of the places that had red paint marks on their sidewalks. Mr. Locke believed that this was pointed out during discussion with Mr. Zambouris and Mr. Wilson. Mr. Tatigian asked Mr. Wilson if he agreed with this and he stated he did not. Mr. Wilson responded that he interviewed Ms. Bryant and found out exactly what she did. Mr. Tatigian asked why Ms. Bryant was not present at the meeting and Mr. Locke replied that he couldn't speak for another individual. Ms. Mahoney inquired if Mr. Locke spoke with Ms. Bryant about this meeting and he replied that he did not. Mr. Locke added they were under the impression that Mr. Romano would be in attendance and that he would have had the discussion with Ms. Bryant, but at the last moment, he was not able to be here. Mr. Locke then referenced paragraph three (3) of the Step II Disposition and concluded by stating they were straddling the line of if Ms. Bryant recommended that some sections of sidewalk be marked or if she actually put paint marks on the sidewalk. Brian Wilson explained that in May sidewalk inspections were conducted by Engineering Assistant I, Randy Toma. Mr. Wilson advised this grievance was submitted seven (7) weeks later on July 22, 2009. The premise of the grievance was that Paula Bryant was perfonning Engineering Assistant I work back in June involving the sidewalk program. Actually, the Engineering Assistant I, Randy Toma, performed all the inspection work and documentation used in the preparation of the plans and specs for the program. Ms. Bryant, in her classification as Engineering Trainee, is assigned various types of field work, but she also does inspections and makes subjective assessments and judgments out in the field, but what she was doing back in June was merely following behind what had already been inspected and noting the addresses where a sidewalk had been marked with red paint. She used a clipboard or a steno pad to write down the addresses and the information was turned over to the Roads section so they could go and cold patch these sidewalk lifts. The City has the liability and the potential safety hazard after the sidewalk has been inspected. If temporary repairs aren't made to a hazardous slab and someone was injured, it could mean a lawsuit. Communication between the Engineering Division and the Public Service Division could have been better and when he learned about the task that Ms. Bryant did, he questioned the whole need to have her doing this task. Page] 12W Regular Meeting September 16, 2009 Mr. Wilson indicated it was the Union that cited Article 39 and Civil Service Commission Rule 20.3, both concerning Temporary Appointments to hire classifications. They both had to do with vacancies; there was no real vacancy in this situation and no budgeted position for the deceased Engineering Assistant I. The grievance refers to the announcement for the description of work for the Engineering Assistant I classification and it specifically points to the words "assist in preparing plans and specifications.' Ms. Bryant did not assist with preparing any plans or specifications for the sidewalk program nor did she have any plans and specifications resulting from her task. The grievance didn't cite Management Rights, but it is within that Article that reveals that Management determines the method, means and personnel and that every incidental duty that gets assigned is not necessarily going to be in the job description. Mr. Wilson stated the burden lies with the Union to put for the argument that the task performed by Ms. Bryant was at the level at the higher classification. Mr. Toma did all the inspection work and all the paperwork that resulted in the plans and specs for the sidewalk replacement program. Ms. Bryant's task of writing down addresses with sidewalks marked with red paint is not comparable to that inspection work. Ms. Mahoney commented that Mr. Romano wrote a good letter, but inquired if it was his intention to discuss this matter, rather than filing an official grievance. Ms. Mahoney recommended that any letters to be submitted to the Civil Service Commission be specific because this letter was unclear if it was to be discussed or if it was a grievance. Ms. Mahoney was concerned that the individual was not present because she would like to ask her if she actually painted the sidewalks because this is hearsay. Mr. Locke discussed the job descriptions and explained they are so completely different that any work Ms. Bryant performed on that day falls under the description of Engineering Assistant 1, not under the job description of Engineering Trainee. Whether she painted the sidewalk or not, the duties she was sent out to perform, are in his opinion, Engineering Assistant work. Investigating complaints, answering questions from the public, performing related work as assigned, none of that is in the Engineering Trainee job description. Mr. Wilson commented that Ms. Bryant did none of that work. Ms. Mahoney asked if this grievance was brought forth because the Union wanted to grieve it or because the individual wanted to grieve it. Mr. Locke explained Ms. Bryant was unsure of what she could and could not do. Mr. Campau inquired about the timeliness of the grievance and Mr. Locke replied that the timeliness was not that big of an issue given the fact that they have multiple grievances over the years that have not been answered timely on management's side and common courtesy reflected back is not out of the question to ask for. Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was 09-181 RESOLVED, That having reviewed AFSCME Union Local 192 Grievance #09-21, dated July 22, 2009, from Paula Bryant, Engineering Trainee, regarding a work assignment, and having discussion with Charles Locke, President, AFSCME Union Local 192; and Brian Wilson, Superintendent of Public Service, the Civil Service Commission does hereby deny the grievance. Page 12W Regular Meeting September 16, 2009 Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian and unanimously adopted, it was 09-182 RESOLVED, That the Civil Service Commission does hereby approve the following schedule for 2010 for the Civil Service Commission meetings: DAY DATE TIME WEDNESDAY JANUARY 20, 2010 5:30 P.M. WEDNESDAY FEBRUARY 17, 2010 5:30 P.M. WEDNESDAY MARCH 17, 2010 5:30 P.M. WEDNESDAY APRIL 21, 2010 5:30 P.M. WEDNESDAY MAY 19, 2010 5:30 P.M. WEDNESDAY JUNE 16, 2010 5:30 P.M. WEDNESDAY JULY 21, 2010 5:30 P.M. THURSDAY AUGUST 19, 2010 5:30 P.M. WEDNESDAY SEPTEMBER 15, 2010 5:30 P.M. WEDNESDAY OCTOBER 20, 2010 5:30 P.M. WEDNESDAY NOVEMBER 17, 2010 5:30 P.M. WEDNESDAY DECEMBER 8, 2010 5:30 P.M. Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was RESOLVED, That the meeting be adjourned at 6:00 p.m. Gretchen Guisbert, Secretary III Ronald E. Campau, Chairperson Charlotte S. Mahoney, Commissioner Harry C. Tatigian, Commissioner