HomeMy WebLinkAbout1272nd CSC Meeting (May)1272nd REGULAR MEETING OF THE
CIVIL SERVICE COMMISSION
The 1272nd Regular Meeting of the Civil Service Commission was held on Wednesday,
May 19, 2010. The meeting was called to order at 5:37 p.m.
Members Present:
Also Present:
Nora Brock, Clerk -Typist II
Curtis Caid, Deputy Chief of Police
Paul Calleja, Senior Police Officer
Tom Funke, Senior Police Officer
Scott Heraly, Firefighter
Charles Locke, President, AFSCME Union
Local 192
Kevin Maillard, Director of Public Works
Charlotte S. Mahoney, Chairperson
Harry C. Tatigian
Ronald E. Campau
Scott Morgan, Senior Police Officer
John Raymond, Building Inspector
DuWayne Stratman, Building Inspector
Shadd A. Whitehead, Fire Chief
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
10-324 RESOLVED, That the minutes of the 1271" Regular Meeting held
Wednesday, April 21, 2010, be approved as submitted.
Upon a motion by Mr. Tatigian, seconded by Mr. Campau and unanimously adopted, it was
10325 RESOLVED, That having reviewed the letter of May 3, 2010, from
Kimberly Griffen, Firefighter, as approved for submission by Shadd A.
Whitehead, Fire Chief, requesting an unpaid personal leave of absence, the Civil
Service Commission does hereby affirm the administrative approval of
Ms. Griffen's request for an unpaid personal leave of absence not to exceed sixty
(60) calendar days, beginning May 10, 2010 through July 8, 2010, with the
understanding that Ms. Griffen is responsible during the unpaid period to pay the
copayment for her medical and dental insurance;
AND BE IT FURTHER RESOLVED, that should Ms. Griffen not return to work
after the approved sixty (60) day unpaid leave of absence, she will be
responsible to reimburse the City of Livonia for any costs for benefits paid for Ms.
Griffen during her time off, in accordance with Section 25.6(c), Insurance
Premium Payments, of the Civil Service Commission Rules and Regulations.
10-326 RESOLVED, That having reviewed the letter of May 11, 2010, from
Karen Wyman, Clerk -Typist II, as approved for submission by Robert Stevenson,
Police Chief, requesting additional family illness days, the Civil Service
Commission does hereby affirm the administrative approval of Ms. Wyman's
request for an additional six (6) days for the calendar year 2010 from her sick
bank to be charged as family illness, with the understanding that she must first
Paget 1272" Regular Meeting May 19, 2010
use the eight (8) eight (8) hour days in 2010, as provided in the Civil Service
Commission Rules.
10-327 RESOLVED, That having reviewed the letter of May 14, 2010, from
Alex Bishop, Director of Inspection, requesting an extension of his leave of
absence from the classified service, the Civil Service Commission does hereby
approve a leave of absence from the classified service for Mr. Bishop for one (1)
year, commencing June 1, 2010, 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.
10328 RESOLVED, That having reviewed the letter of April 21, 2010, from
Daniel McKeon, Senior Police Sergeant, as approved for submission by Robert
Stevenson, Police Chief, requesting carryover of vacation days based on a
projected retirement date of April 21, 2013, the Civil Service Commission does
hereby affirm the administrative approval to carry over excess vacation days;
AND BE IT FURTHER RESOLVED, that the maximum number of days permitted
for payoff at retirement is sixty-eight (68) as set forth in the Livonia Lieutenants
and Sergeants Association contract, Article 16.E, 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;
AND BE IT FURTHER RESOLVED, that the maximum days payable will be
reduced by the number of bonus vacation days for which Mr. McKeon does not
qualify.
10329 RESOLVED, That having reviewed the Departmental
Correspondence of April 26, 2010, from Gerald Schomack, Senior Police Officer,
as approved for submission by Robert Stevenson, Police Chief, requesting
carryover of vacation days based on a projected retirement date of April 26,
2013, the Civil Service Commission does hereby affirm the administrative
approval to carry over excess vacation days;
AND BE IT FURTHER RESOLVED, that the maximum number of days permitted
for payoff at retirement is sixty-eight (68) as set forth in the Livonia Police
Officers Association contract, Article 22.7., 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
Page 1272" Regular Meeting May 19, 2010
than five (5) sick leave days annually in the three (3) years immediately prior to
retirement;
AND BE IT FURTHER RESOLVED, that the maximum days payable will be
reduced by the number of bonus vacation days for which Mr. Schomack does not
qualify.
10-330 RESOLVED, That the Civil Service Commission does hereby
confirm the administrative approval of the eligible list for Superintendent of Public
Service (Environment & Utilities) (928 o.c.).
The Commission received and filed the following:
Status of Temporary Employees Report for April 2010.
Non -Resident Report as of May 1, 2010.
Current Open -Competitive and Promotional Eligible Lists as of
May 1, 2010.
Affirmative Action Report for April 1, 2010.
Removal of names from active eligible list report for the month of
April 2010. No changes.
Council Resolutions from the April 28, 2010 meeting, with minutes to be
approved May 12, 2010:
#129-10, reappointing Wayne Glass to the Livonia Plymouth Road
Development Authority as a representative of the Other Tax Entity in the
District representing Schoolcraft College for a four-year term expiring
May 16, 2014.
#130-10, reappointing Scott Grace to the Livonia Plymouth Road
Development Authority as a representative of the Business/Property
Owner in the District for a four-year term expiring May 16, 2014.
#131-10, reappointing John Hiltz to the Livonia Plymouth Road
Development Authority as a representative of the Business/Property
Owner in the District for a four-year term expiring May 16, 2014.
#142-10, concurring in the recommendation of the Civil Service
Commission approving the changes to wages, classifications and
qualifications for various Parks and Recreation classifications, effective
June 5, 2010.
Council Resolution from the May 3, 2010 Special Meeting, with minutes to
be approved May 12, 2010:
#151-10, appointing Conrad Schwartz to the Office of Councilmember of
the Livonia City Council to fill the unexpired term of Terry A. Marecki,
which term expires December 31, 2011.
Upon a motion by Mr. Tatigian, seconded by Mr. Campau and unanimously adopted, it was
10-331 RESOLVED, That having reviewed the expiring eligible lists for the
month of May 2010 — Custodian (914 o.c.) and Water Meter Repairer 11
Page 1272" Regular Meeting May 19, 201D
(925 o.c.), the Civil Service Commission does hereby approve the extension of
the Custodian (914 o.c.) eligible list for six (6) months to December 5, 2010.
Upon a motion by Mr. Campau, seconded by Mr. Tatigian and unanimously adopted, it was
10332 RESOLVED, That having reviewed the letter of April 8, 2010, from
Kevin Maillard, Director of Public Works, and Brian Wilson, Superintendent of
Public Service, requesting a promotional examination for Equipment Mechanic 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
This examination is open only to employees of the City of Livonia who, by the closing date of
this announcement, are:
Employed in the Public Service Division of the Department of Public Works;
and
Have regular status as Equipment Mechanic I with at least two (2) years of
experience in that classification; and
Possess and maintain a valid group "A" Commercial Drivers license with Air
Brake "N" Endorsement; must have or be eligible for, a valid Industrial Truck
Driving Permit for operation of a forklift and must maintain a Slate of
Michigan Motor Vehicle Mechanic Certificate. 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 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 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.
Upon a motion by Mr. Campau, seconded by Mr. Tatigian and unanimously adopted, it was
10-333 RESOLVED, That having reviewed the letter of April 26, 2010 from
Michael T. Slater, Director of Finance, requesting a promotional examination for
Account Clerk III, 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 1272" Regular Meeting May 19, 2010
QUALIFICATIONS
Applications will be accepted only from employees of the City of Livonia who, by the closing
date of this examination:
Are employed in the Accounting, Water and Finance Departments; and
Have regular status as an Account Clerk 11, and
Have at least two (2) years experience in the Payroll section.
Interview -80% Departmental Rating -20%`
`In the event there is only one qualified applicant for the position, the Parts of Examination
and Weights will be 100% Departmental Rating.
Candidates must pass the Interview in order to be placed on the eligible list. Pursuant to
AFSCME Local 192, PROMOTIONS 20.1b., in competitive examinations that include
departmental ratings, the departmental rating 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.
Charles Locke, President, AFSCME Union Local 192, requested that the Commission open
the Account Clerk I promotional examination to all 192 employees, not just personnel
employed at the Police Department. He stated there are other employees the Union feels
are qualified and have shown an interest in this position and they think that it is discriminatory
to limit it to people who are employed at the Police Department.
Mr. Campau referenced Qualifications 1 and 3 and asked if the Union was asking for the
Commission to eliminate those qualifications? Mr. Tatigian stated he could understand why
the Department would want someone with that experience. Mr. Locke stated that
theoretically, you could have a Custodian who was qualified to do this job and is employed in
the Police Department doing Custodial work at night.
Ms. Mahoney asked Mr. Locke if he was asking for the qualifications to be changed and he
replied, "Yes." Mr. Biga announced that Deputy Chief Caid was present and asked if he
wanted to address this issue. The Deputy Chief staled he was present at the meeting to
address a different issue and wasn't well versed on this item. Mr. Biga advised he spoke
with Chief Stevenson and the Chief did not wish to make any changes in the qualifications.
He added that in the past, qualifications have been approved to restrict applicants to people
within the department so this was not unusual. Mr. Locke believed the other positions were
not entry-level positions.
Derrick Washington, Personnel Analyst 11, explained that the vacancy was posted for Union
Local 192 members who had status as Account Clerk I. He also stated there were a couple
Page 6 1272.4 Regular Meeting May 19, 201D
of people who signed the posting, but later asked that their names be removed from
consideration.
Mr. Locke asked that this announcement be opened up for those employees who did not
have status as Account Clerk I. Deputy Chief Caid stated he was not knowledgeable with
regard to status, but it is important to know that the employees in the clerical staff are privy to
a lot of sensitive information, not only internally but with ongoing investigations, so that
experience and that level of access is critical to the Police Department.
Mr. Tatigian commented that he agreed that the sensitivity of the position merits having
people in the Police Department they have confidence in. Mr. Locke commented that the
Department was willing to fill the position with employees having status who were outside the
Department prior to people withdrawing their names from consideration. Mr. Locke asked
Mr. Washington if one of the people with status who signed the posting would have been
offered the job. Mr. Washington replied he would have followed the contract, which states
the senior person with status would be given an opportunity to interview with the Department
Head and the Department Head would have rights of refusal.
Nora Brock, Clerk -Typist II, introduced herself and said she has been employed with the City
for 11 years and is currently working in the City Clerk's office. She stated she was one of the
unfortunate people to have theirjob eliminated, and had worked in the Fire Department. She
would welcome the opportunity to test for this job and felt that since she has been taking
classes at Schoolcraft College that she would do well in a position such as this. She advised
there were other 192 members that would be interested in testing for the position.
Mr. Washington pointed out that the incumbent employee is a Union Local 192 member.
Mr. Tatigian made a motion to approve the request for the examination as submitted, with the
addition of the language that the candidate must pass the LEIN lest before the probationary
period is completed.
The motion died for lack of support.
Mr. Campau made a motion to eliminate qualifications 1 and 3. The Chairperson clarified
that his motion was to allow employees with no experience in the Police Department to take
the test. Ms. Mahoney wasn't sure what the written test would involve. Mr. Washington
informed Ms. Mahoney that the Department has someone already working in the position
Police Command feels is qualified.
Mr. Biga stated it is traditional throughout the City that promotions be made within the
Department first before the opportunity is opened up citywide. If the Commission makes this
change, any time a Department has an opportunity for promotion from within, you will have
the same argument being made that the position should be open citywide. In the past, when
there is no one within the Department who is qualified for promotion, the position is open
citywide. He also stated there is no vacancy in the Police Department. That position is
classified at the Account Clerk I level and the person filling the position is a Clerk -Typist.
Should someone outside the Department get this position, the incumbent will be displaced.
Mr. Campau inquired if this promotional examination was for one person. Mr. Biga stated
there are other people in the Administrative section that could qualify and the objective has
Pagel 1272" Regular Meeting May 19, 201D
always been to transfer in at lower level. The employees are in the Department and would
like to stay with the Department first. This is the practice whether it occurs in DPW,
Accounting, Police or Fire. If there is an opportunity to get promoted you will find throughout
the City, we promote from within first. Mr. Tatigian stated he assumed that is because
experience matters.
Mr. Locke stated in the past Equipment Operator III opened up to allow Construction
Workers to test because somebody felt that they were around a backhoe and they should be
afforded the opportunity to test and the Union disagreed with that. You ruled for it, which is
similar to this, which now you are trying to rule against. Mr. Tatigian staled he considered
the Police Department to be a different animal. Charles Locke stated the person testing for
Account Clerk I job could later test for an Account Clerk II anywhere in the City and vacate
that position. The position would have to be filled from somewhere. Mr. Biga commented
that a person could take an examination if the qualifications did not require their experience
within a specific Department. Mr. Biga added if there was an Account Clerk 11 promotional
examination in DPW it would require Account Clerk I status and the person would have to be
employed in DPW, and an Account Clerk I outside of DPW would not be allowed to take the
examination.
Mr. Campau withdrew his earlier motion. Mr. Tatigian suggested they refer this issue to the
next meeting and have the Police Chief present since it was his request. No further
discussion followed.
Upon a motion by Mr. Tatigian, seconded by Mr. Campau and unanimously adopted, it was
10334 RESOLVED, That having reviewed the request for a promotional
examination for Account Clerk I and the proposed qualifications and parts of
examination and weights, and having discussion with Charles Locke, President,
AFSCME Union Local 192; Nora Brock, Clerk -Typist 11; Derrick L. Washington,
Personnel Analyst II and Robert F. Biga, Human Resources Director, the Civil
Service Commission does hereby approve the following qualifications and parts
of examination and weights, with the addition of the language staling the
successful candidate will need to pass a Law Enforcement Information Network
(LEIN) basic competency test administered by a qualified Terminal Agency
Coordinator prior to completion of the probationary period:
QUALIFICATIONS
This examination is open only to employees of the City of Livonia who, by the closing date of
the announcement:
Are employed in the Livonia Police Department; and
Have Regular Status as a Clerk Typist I; and
Have at least two (2) years experience in Police Administration Command
support; and
Have a combination of at least two (2) years work experience in accounts
payable and related clerical duties using Logos computer software.
Page 1272" Regular Meeting May19,2010
PARTS OF EXAMINATION AND WEIGHTS
Written Test -80% Departmental Rating -20%
Candidates must pass the 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 rating 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.
Applicants will be required to successfully pass a personal background check performed by
Police personnel. Successful candidate will need to pass a Law Enforcement Information
(LEIN) basic competency test administered by a qualified Terminal Agency Coordinator.
Ms. Brock stated she had worked in several departments and she felt she could qualify for
this position; she just didn't have experience in the Police Department. She added that
limiting this to employees in the Police Department restricts people from applying who have
experience. Mr. Tatigian suggested the Human Resources Director look into this in the
future.
Upon a motion by Mr. Tatigian, seconded by Mr. Campau and unanimously adopted, it was
10335 RESOLVED, that having reviewed the letter of May 13, 2010 from
Robert Stevenson, Police Chief, requesting an open -competitive 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
By the closing date of the announcement, applicants must:
Be a citizen of the United States or a resident alien with the right to work in
the United States; and
Have a high school diploma or a valid equivalency certificate; and
Have either;
(a) A minimum of five (5) years full-time, paid experience in a
progressively responsible executive support assignment with a two-
year degree; OR
(b) Seven (7) years full-time, paid experience in a progressively
responsible executive support assignment; and
Have the ability to prepare invoices, reports, memos, letters, and other
documents using word processing, spreadsheet, database, and/or
presentation software; and
Experience in accounting preferred, especially with accounts payable and
preparing payroll.
Page 1272" Regular Meeting May 19, 2010
NOTE: ORIGINAL HIGH SCHOOL DIPLOMA OR GED AND DEGREE MUST BE
SUBMITTED AT TIME OF INTERVIEW.
Pass/Fail Background Check
Keyboard Test — 25% Written Test — 25
Interview — 50
A minimum of the fifteen (15) qualified applicants who have the highest passing combined
score on the Written and Performance Tests will be invited to the Interview part of
examination. Applicants must pass the Written, Performance and Interview parts of
examination in order to be placed on the eligible list. Candidates are also required to pass a
Background Investigation.
Charles Locke, President, AFSCME Union Local 192, requested on behalf of the Union that
the Fire Equipment Mechanic I examination be run as a promotional examination rather than
as an open -competitive examination. The last person to fill this position took an open -
competitive examination although he was hired out of the garage at DPW and moved to the
Fire Station. The Union feels that given that given the financial difficulties that the City is
undergoing it would make more sense to utilize the personnel we have available to us and
offer this to the mechanics that we currently have.
Mr. Tatigian stated that if this can be filled by promotion, the Charter requires the
Commission to go in that direction. Mr. Biga informed the Commission that the Department
has by Charter, the right to request either an open -competitive or promotional examination.
Mr. Tatigian reiterated that he believed the Charter requires we go promotional if at all
possible. He didn't recall the exact language. Mr. Biga quoted the language from Chapter V,
Executive Division, paragraph (i) of the City Charter which states in part, "An appointing
authority may, for the good of the Service, elect to fill a vacancy by appointing a person from
the open -competitive eligible list rather than from a promotional eligible list." He explained
that in the prior examination, an employee within the City was appointed from the open -
competitive examination. He also stated the 192 contract provides that if there is an open -
competitive examination, that if an employee is within the top three (3) earned scorers, it
becomes a promotional examination, and that is the consideration given through negotiations
for individuals taking an open -competitive examination. This gives current employees an
opportunity.
Mr. Locke stated that if there are layoffs in December, potentially we could lose an employee
that was just hired, due to seniority. Mr. Tatigian inquired if they would lose a body if this
were run as a promotional examination anyhow. Mr. Locke replied that there is a vacancy
right now and one person would move from the garage that is fully staffed to the Fire
Department, leaving the Department of Public Works slightly understaffed.
Page 10 1272" Regular Meeting May19,2010
Upon a motion by Mr. Campau, seconded by Mr. Tatigian and unanimously adopted, it was
10-336 RESOLVED, That having reviewed the letter of May 10, 2010, from
Shadd A. Whitehead, Fire Chief, requesting an open -competitive examination for
Fire Equipment Mechanic I and proposed qualifications and parts of examination
and weights, and having discussion with Charles Locke, President, AFSCME
Union Local 192 and Robert F. Biga, Human Resources Director, the Civil
Service Commission does hereby approve the following qualifications and parts
of examination and weights:
QUALIFICATIONS
By the closing date of this announcement, an applicant must:
Be a citizen of the United States or a resident alien with the right to work in the
United States; and
Have a high school diploma or a valid equivalency certificate; and
Possess and maintain a valid Driver's License and have an acceptable driving
record; and
A Stale of Michigan Mechanic's certification in Heavy Duty (HD) Truck/Engine
Repair (diesel), HD Truck/Brakes and Braking Systems, HD Truck/Electrical
Systems and at least one other area is required; and
Have three (3) years of current full-time, paid experience in the repair and
maintenance of diesel engines, Allison Automatic Transmissions, as well as
automobiles and other mechanically operated tools. National Association of
Emergency Vehicle Technicians (NAEVI) Certification is preferred.
NOTE: ORIGINAL HIGH SCHOOL DIPLOMA OR GED AND ORIGINAL MECHANIC
CERTIFICATION DOCUMENTATION MUST BE SUBMITTED AT TIME OF INTERVIEW.
NOTE: SUCCESSFUL CANDIDATE MAY HAVE TO OBTAIN A GROUP "B' COMMERCIAL
DRIVERS LICENSE WITH AIR BRAKE.
PARTS OF EXAMINATION AND WEIGHTS
Written Test -50k' Interview -50%
'NOTE: The fifteen (15) applicants with the highest passing score on the Written Test will be
invited to the Interview part of examination. Applicants must pass the Written Test and
Interview part of examination in order to be placed on the eligible list.
Upon a motion by Mr. Campau, seconded by Mr. Tatigian and unanimously adopted, it was
10-337 RESOLVED,
That
having reviewed the Departmental
Correspondence of May
5, 2010,
from Shadd
A. Whitehead, Fire Chief,
requesting a pay step increase for
Scott Heraty,
Firefighter, the Civil Service
Page 11 1272.d Regular Meeting May 19, 2010
Commission does hereby grant a one-step pay increase to step 3 for Mr. Heraty
effective May 19, 2010.
Mr. Tatigian recommended they adopt a second resolution regarding adding specific
language that future Firefighters must have at least 1 year or at least 2912 hours of previous
experience as a Firefighter or Paramedic or have a combination of the preceding experience
to qualify for an advance step increase.
Upon a motion by Mr. Tatigian, seconded by Mr. Campau and unanimously adopted, it was
10-338 RESOLVED, That having reviewed the qualifications for advance
pay step increases for the classification of Firefighter, the Civil Service
Commission does hereby approve language the establishes that future
Firefighters must have at least one (1) year or at least 2912 hours of prior
experience as a Firefighter or Paramedic or have a combination of the preceding
experience to qualify for an advance step increase.
Scott Morgan, President, Livonia Police Officers Association (LPOA), presented LPOA
Grievance #10-116, a class action grievance, dated March 8, 2010, regarding roll call time.
Senior Police Officer Morgan introduced himself and stated he has been a City employee for
15 years and a Police Officer for 13 years. He stated that this class action grievance was in
regard to roll call time and he distributed copies of contract language pertaining to this roll
call grievance. Officer Morgan explained that with the roll call time, for the time that he has
been employed with the City, they have always been given the option of either pay or
compensatory time for the twelve (12) hours that they receive on a quarterly basis throughout
the year. Officer Morgan introduced Officer Funke, who is an LPOA member and a City
employee for twenty-five (25) years and who during that time also received the option to
either take pay or compensatory time, regardless of the time that they have banked in their
compensatory time bank.
Officer Morgan stated that as of March 1, 2010, that former practice ceased and they were
forced to take compensatory time if they had less than 100 hours, or pay if they had over 100
hours. The members of the LPOA would like to continue with the past practice they have
experienced for many years.
Officer Funke thanked the Commission for allowing him to be present and stated that over
the past 24-% years since he has been with the Livonia Police Department they have always
had an opportunity to decide whether they wanted to have Court time in their compensatory
time bank or whether it would be paid. He said he and the Chief spoke briefly approximately
a year or a year -and -a -half ago about these issues and they knew exactly what the contract
stated, but they had a provision that five (5) years ago, Court time was diminished from their
department. There was a correspondence distributed by a Lieutenant stating there would be
no more Court time. Later there was a follow up letter distributed by the Captain of the
Uniform Division stating how you would cash in your Court time on a pay card which is how
they do it in order to get paid. He presented both of those directives and stated the problem
that you have is that it seems like when the City wants to enforce the contract, they will and
when they don't want to enforce the contract, they don't. It was felt they were playing both
Page 12 1272"° Regular Meeting May 19, 2010
ways. Officer Funke commented it was a simple case of a past practice that has been in
existence since he has been employed with the City. He added they understand what the
language of the contract says, but the problem is it seemed like whenever the City wanted to,
they will opt out and do whatever they want when it's convenient for the City.
Ms. Mahoney stated the Commission would like to have documents before the meeting in
order to have enough time to review them. She indicated the documents were in reference
to Court time. Officer Funke apologized for the late submission of the documents and
clarified they were in reference to the compensatory banks and at one time when the City
was in a position where there wasn't enough manpower, they instructed them that they
weren't going to exercise the right for them to have compensatory time any longer. They
were instructed to cash everything in and that was five (5) years ago. Now, the reverse is
being done.
Deputy Chief Caid introduced himself and stated he has been at the Police Department for
almost 31 years and his recollection is a little different as far as history. He recalled as a
Police Officer and Cadet working his way up through the ranks that when it came time for
compensation for roll -call, if your compensatory time bank was under the 100 hour limit, you
had no choice, you took it in compensatory time as the contract is outlined. If you were over
the 100 hour limit, you took it as pay. It was that standard for a period of time and continued.
There is a correspondence dated 1990 from Chief Crayk that essentially supports that. The
number of hours has changed throughout the years with the various labor agreements. He
referenced the Department Correspondence of October 3, 2008, from Chief Stevenson to all
personnel indicating that "Any employee that elects to receive overtime compensation in the
form of compensatory time will no longer be allowed to later convert that compensatory time
to a cash payment. Once an employee's compensatory time bank has reached their
contractual maximum limit all overtime must be taken in the form of cash payment"
Deputy Chief Caid further stated this pointed to the policy that you take it in compensatory
time if you are able to, and if it's overtime you had that option whether you have taken
compensatory time or in pay. With roll call time, it is straight out compensatory time unless
you go over the 100 hour limit. This was reiterated on October 6, 2008 at a staff meeting and
he referenced notes from that meeting. The first item on the note reads: "No more
compensatory time payouts. Once over contractual limit, must take pay. Roll call time will
only be taken as CT unless over the limit." He said this supports that policy. Officer Morgan
has been told, and Officer Funke was the Union President at that time, that he had a meeting
with the Chief over this issue and asked to revisit that. There was an agreement then
between Officer Funke and the Chief that they would allow the past practice of compensatory
time for one (1) additional quarter and then that would be it. Both parties agreed to this. This
situation came to light to them recently that of the three (3) patrol shifts, only one (1) of the
three (3) shifts has been abiding by this. They have been receiving pay cards, which is
overtime time cards, from employees requesting payment for compensatory time when they
didn't meet the criteria and the assumption has been made that they had. That was a
mistake on their part, but of the three (3) uniform platoon shifts, one (1) of them had been
following this all along, and the other two (2) had failed. Officer Funke agreed with Deputy
Chiefs summarization of this situation.
Ms Mahoney asked as compensatory time accumulates if there was an opportunity for Police
Officers to use that time? The Deputy Chief responded that it depends on how you define
Page 13 1272" Regular Meeting May 19, 2010
ample opportunity. He explained that for some people an ample opportunity might be they
could take compensatory time any Saturday or Sunday that they want and that's the only
time they want it. Weekends and holidays are times that are of high preference for time off,
whether it is regular leave days or vacation time or even compensatory time and if the
department has staffing that will support the use of compensatory time on those prime days,
that the shifts will generally grant that. It doesn't happen frequently where we have that kind
of staffing level to allow time off on prime days, but it does occur. There is opportunity to
take compensatory time, single furlough days and personal business days.
Mr. Tatigian asked Officer Morgan if he fell that past practice can overcome the specific and
express language of Section 21.9 of the contract because it seems to cover this issue.
Officer Morgan believed that past practice will prevail in this situation. Mr. Tatigian asked
how they could disregard clear cut language to the contrary. Officer Morgan deferred to
Officer Funke. Officer Funke stated that there is no doubt that the contract is very concise
and very clear. Past practice is what has occurred over the years. There are numerous
things in the contract that clearly states what should be done but have not always been
followed. He added this is not one thing just happened recently, this is something that has
occurred through the years and it continues. As the Deputy Chief said, it even goes step
further when two (2) out of the three (3) Lieutenants in charge of the shifts aren't still aware
of what the circumstances are or the direct order coming from the Administration. Now all of
a sudden membership is getting something saying they can't take their compensatory time,
as he showed the Commission the document from five (5) years ago when the City was in
just the opposite position. He indicated that was at a time where there was not an ample
opportunity to take time off. He reiterated that the problem is that the situation has gone both
ways.
Mr. Tatigian believed that the most senior employees wanted the compensatory time, and the
younger employees wanted to get paid. Officer Funke wasn't so sure this was a correct
analysis because probably the most important thing for most members is their time off with
their families.
Mr. Campau asked if two (2) years ago there was an agreement made with the Union.
Officer Funke confirmed that there was an agreement. Mr. Campau stated that it was at that
time the Union gave up the past practice and agreed to it. Officer Funke stated they had
agreed but it was not implemented at that point, so now the situation is returning. Mr.
Campau stated the language in Section 21.9 is pretty clear.
Upon a motion by Mr. Campau, seconded by Mr. Tatigian and unanimously adopted, it was
10339 RESOLVED, That having reviewed Livonia Police Officers Association
(LPDA) Grievance #10-116, dated March 8, 2010, regarding roll call time, and having
discussion with Senior Police Officer Scott Morgan, President, LPDA; Senior Police
Officer Tom Funke; and Deputy Police Chief Curtis Caid; the Civil Service
Commission does hereby deny the grievance.
Page 14 1272.d Regular Meeting May19,2010
Mr. Biga announced there was an X -item that was brought in from the Department of Public
Works and Mr. Maillard was present to discuss the item. The item was a request dated May
17, 2010, regarding a salary step for the Superintendent of Public Service (Environment 8
Utilities) that the Department is hiring.
Kevin Maillard, Director of Public Works, staled they went through the open -competitive
examination process and Donald Rohraff was number one on the eligible list and the position
has been vacant since late October. The position was downgraded for budget purposes to
Superintendent and the top three candidates were interviewed. Mr. Rohraff was the only
individual that met the Department's requirements. Mr. Rohraff comes from Westland, has
an S-1 license which the Department is in dire need of, he has a 4 -year degree in Accounting
from the University of Michigan, 14 years expenence as a Superintendent and also as a
Parks and Recreation Foreman for the City of Westland. He brings a lot to the plate for the
City of Livonia. He continued that Mr. Rohraff handled all the personnel issues for Westland
and has also done the budget, so he brings a lot of capabilities that they have been seeking
since Mr. Zoumbaris left. He added that Mr. Rohraff currently works for the City of Westland
as a Superintendent and he discussed his current wage and has much better benefits in
Westland than what we can offer here in Livonia.
Mr. Tatigian inquired if this position was advertised at the higher rate and Mr. Maillard
responded it was not. Mr. Tatigian further inquired why we should give this individual a
higher rate at this point and he also asked Mr. Biga if we had done this for someone else.
Mr. Biga answered the first inquiry by stating the job announcement shows the salary range
from $79,000.00 to $92,000.00. To hire Mr. Rohraff at step 3 the rate would be $85,800.00
per year, which is the mid-range of the salary range. To answer the second question, Mr.
Biga stated if we have hired people at a higher rate than the starting rate, typically, what has
been done is an individual is hired at the minimum rate and after they have passed the
probationary period, the Civil Service Commission will entertain recommendations to seek a
higher rate. With regard to Administrative classifications, they have not been hired above the
minimum, the Department waits until the employee passes the probationary period. In the
case of Appointed positions within the City, the Mayor and City Council have hired people
above the minimum. Mr. Tatigian asked why we should treat this individual any better than a
Firefighter. Mr. Maillard he could not answer the question regarding Firefighter, all he could
tell them was that the individual has a talent and they are in a position in DPW that in about
five (5) years, all three (3) of the Supervisors will be gone and they are looking for someone
that has the complete package.
Mr. Tatigian asked if they don't agree to this, would the individual not take the job. He further
asked about the person who was number two on the eligible list. Mr. Maillard stated that
candidate numbers 2 and 3 were not people they would hire.
Ms. Mahoney stated if he really wanted to come to Livonia knowing there is potential, what
the difference is if he started at the initial rate and then after the probationary period, at that
point in time he could go to a higher rate. Mr. Maillard agreed that if he could be bumped to
at least what he made with the City of Westland, he didn't think he would have a problem
with that. If he were to get hired at step 1 and then be bumped after six (6) months to the
appropriate level, he would have no problem with that.
Page 15 1272.d Regular Meeting May 19, 2010
Ms. Mahoney made a suggestion to bring him in at step one and then after a six (6) month
probation, bump him to step three. She didn't know if he should be bumped to the end of the
range because in two (2) years that gives him no place to go in regards to salary.
Mr. Biga explained the procedure in pay step progression, if going along with what Ms.
Mahoney suggested, at the end of six months probationary period, move him to step three.
At the end of another six months, he would normally be entitled to a half step or step three
and one-half. After another year, he would go to step four and one-half and then you could
address the pay step at the two years of employment point. He recommended addressing
this at the end of the six months. The candidate first needs to pass the probationary period
and then the issue could be re -visited at the end of the probationary period.
Ms. Mahoney asked if Mr. Biga was suggesting that they bring the candidate in at step one
and at the end of six (6) months, bump him to step three and have Mr. Maillard come in with
a plan at that point in time where he would go after that? Mr. Biga replied "yes." Mr. Maillard
asked what step one was and Mr. Biga informed him it was $79,372.80 and step three would
be $85,800.00. He informed the Commission that the administration of the pay plan was in
the purview of the Civil Service Commission that is why they get these requests. Further, in
the case of the Human Resources Director, the Commission employed the Director at step 1.
After six (6) months the Director was advanced to step 2. After one year of employment the
pay rate was advanced to step 3. After two (2) years of employment, step 4 and after three
(3) years of employment, step 5.
Upon a motion by Mr. Campau, seconded by Mr. Tatigian and unanimously adopted, it was
10-340 RESOLVED, That having reviewed the letter of May 17, 2010, from
Kevin Maillard, Director of Public Works, regarding the salary schedule for
Superintendent of Public Service (Environment & Utilities), and having discussion
with Kevin Maillard, Director of Public Works, and Robert F. Biga, Human
Resources Director, the Civil Service Commission does hereby approve hiring
the candidate for Superintendent of Public Service (Environment & Utilities) at
the step one level and will review any recommendation submitted by the Director
of Public Works for a salary adjustment after the completion of the probationary
period.
Upon a motion by Mr. Campau, seconded by Mr. Tatigian and unanimously adopted, it was
10-341 RESOLVED, that having reviewed the Civil Service Commission
meeting schedule, the Civil Service Commission does hereby change the June
meeting date from Wednesday, June 16, 2010 to Thursday, June 17, 2010 and
will notify all employees regarding the change.
Page 16 1272.d Regular Meeting May 19, 2010
Upon a motion by Mr. Campau, seconded by Mr. Tatigian and unanimously adopted, it was
RESOLVED, That the meeting be adjourned at 6:27 p.m.
Gretchen Guisbert, Secretary III
Charlotte S. Mahoney, Chairperson
Harry C. Tatigian, Commissioner
Ronald C. Campau, Commissioner