HomeMy WebLinkAbout1283rd CSC Meeting (April)128P REGULAR MEETING OF THE
CIVIL SERVICE COMMISSION
The 128P Regular Meeting of the Civil Service Commission was held on Wednesday,
April 20th, 2011. The meeting was called to order at 5:35 p.m.
Members Present: Charlotte S. Mahoney, Chairperson
Harry C. Tatiglan
Ronald E. Campau
Also Present
Charles Locke, President, AFSCME Union
Local 192
Steven Schoonover, Viva -President,
AFSCME Union Local 192
Robert F. Biga, Human Resources Director
Derrick L. Washington, Personnel Analyst II
Gretchen Guisbert, Secretary III
Upon a motion by Mr. Tatigian, seconded by Mr. Campau and unanimously adopted, it was
11-28 RESOLVED, That the revised minutes of the 1280h Regular
Meeting held Wednesday, January 19, 2011, be approved as submitted.
11-29 RESOLVED, That the revised minutes of the 1281` Regular
Meeting held Wednesday, February 16, 2011, be approved as submitted.
11-30 RESOLVED, That the minutes of the 1282n4 Regular Meeting held
Wednesday, March 16, 2011, be approved as submitted.
Upon a motion by Mr. Tatigian, seconded by Mr. Campau and unanimously adopted, it was
11-31 RESOLVED, That having reviewed the letter of April 8, 2011, from
Terranda Jett, Clerk I (RPT), as approved for submission by Kathleen Monroe,
City Librarian, requesting a sixty (60) day unpaid medical leave of absence, the
Civil Service Commission does hereby approve an unpaid medical leave of
absence, not to exceed sixty (60) days, for the period April 11, 2011 through
June 11, 2011, with the understanding that Ms. Jett Is responsible during her
unpaid medical leave of absence to pay the copayment for her medical
insurance;
AND BE IT FURTHER RESOLVED, that should Ms. Jett not return to work for at
least thirty (30) calendar days, after the approved sixty (60) day unpaid medical
leave of absence, she will be responsible to reimburse the City of Livonia for any
costs for benefits paid for Ms. Jett during her time, off in accordance with Section
25.6 tc1 Insurance Premium Paymentsof the Civil Service Commission Rules
and Regulations and Final FMLA Regulations (29 C.F.R.), unless circumstances
for not returning to work are beyond Ms. Jett's control.
11-32 RESOLVED, That having reviewed the letter of April 13, 2011, from
Brian Buda, Equipment Operator 11, as approved for submission by Kevin
Mallard, Director of Public Works, requesting to carry over vacation days in
Page 2 12834 Regular M ing AP61 M, 2011
excess of the maximum allowed by contract, based on a projected retirement
date of April 13, 2014, the Civil Service Commission does hereby affirm the
adminis[retive approval of this request;
AND BE IT FURTHER RESOLVED, that the employee is advised that the
maximum number of days to be paid off at retirement is fdtyone (51), as set
forth in 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 will be
increased by the number of bonus vacation days earned in the last two (2) out of
three (3) years prior to retirement for not using more than five (5) sick leave days
annually, up to a maximum of six (6) days;
AND BE IT FURTHER RESOLVED, that the employee is notified that it is the
amployeWs responsibility to manage his vacation time to avoid losing excess
accrued time prior to retirement by scheduling sufficient time off prior to
retirement, subject to the operating needs of the department.
11-33 RESOLVED, That the Civil Service Commission does hereby
confirm the administrative approval of the eligible list for Police Sergeant
(1318 p.).
11-34
RESOLVED,
That the
Civil Service Commission does hereby
confirm the
administrative
approval
of the eligible list for Police Lieutenant
(1317 p.).
The Commission received and filed the following:
a. Status of Temporary Employees Report for March 2011.
b. Non -Resident Report as of April 1, 2011.
C. Current Open -Competitive and Promotional Eligible Lists as of
April 1, 2011.
d. Affirmative Action Report for March 2011.
e. Removal of names from active eligible list report for the month of
March 2011.
I. Council Resolution from the meeting of March 9, 2011, with
minutes to be approved March 23, 2011:
956.11, confirming the reappointment of Lora Weingarden, to the
Board of Ethics for a three-year tern commencing March 1, 2011,
and expiring March 1, 2014.
g. Council Resolution from the meeting of March 23, 2011 with
minutes to be approved April 6 2011:
969.11, confirming the reappointment of John Murphy to the
Local O'dirars Compensation Commission, for a seven-year term
expiring April 2, 2018.
Pap 3 IM6 Regular Meeting April 20, 2011
11.35 RESOLVED, That having reviewed the expiring eligible lists for the
month of May 2011 — Cleric II (1303 p.) and Equipment Operator II (1289 p.), the
Civil Service Commission does hereby affirm the administrative approval to
extend the eligible list for Clerk II (1303 p.) for six months to November 12, 2011
and extends the eligible list for Equipment Operator It (1289 p.) for six (6) months
to November 7, 2011.
Charles Locke, President, AFSCME Union Local 192, presented AFSCME Union Local 192
Grievance #11-02, from Herman Legg, Equipment Operator II, regarding assignment of
vehicles. Chairperson Mahoney asked if Mr. Legg was present at the meeting and Mr. Locke
advised that Mr. Legg's employment had been terminated, but the grievance was a point of
practicality and procedure that the Union doesn't want to go by the wayside.
Mr. Campau noted that this was not a class action grievance. Mr. Locke felt that Mr. Legg
should still be ent@led to the back pay because he was employed when the grievance was
written.
Mr. Locke advised that Mr. Legg should have been brought over and received the overtime.
Ms. Mahoney stated as far as she was concerned if this is to be treated as a class action
grievance, It should be brought back as such. Mr. Locke stated he would respect the
Commission's decision.
Mr. Tatigian felt they had to deny this since the employee was not working. Ms. Mahoney
inquired if the Union was going to request to bring this back as a class action grievance
rather than having the Commission review it now and Mr. Locke replied yes.
Mr. Biga, Human Resources Director, stated the CWs position now and in the future is that
this provision in the comma, called Equipment Assignment, is no longer valid and that the
Union was put on notice November 30, 2010. He referenced the copy of a letter dated
November 30, 2010 to Charles Locke, President, AFSCME Union Local 192, regarding the
City's termination of Article 48, Equipment Assignmentof the 2007.2010 Agreement. Mr.
Locke stated they were not referring to specific vehicle assignment during a class action
grievance; they would be referring to job duties and responsibilities. Mr. Tatigian reiterated
that if the Union was going to handle it as a class action it would have to be done at a
separate meeting.
Ms. Mahoney asked the Union to take this grievance off the table because the employee is
no longer employed and if they choose to bring it back later as a class action grievance that
is up to the Union. Mr. Locke agreed to remove the item.
Mr. Tatigian advised the grievance required no further action inasmuch as the employee in
question is no longer employed by the City of Livonia and this matter is without prejudice. If
the employee comes back and still considers this to have been an issue, it can be brought
back.
Paged 12830 "UiW Mee@g April 20, 2011
Mr. Riga presented AFSOME Union Local 192 Grievance #11-06, dated, February 24, 2011,
from Ralph Mohr, Water Operations Mechanic II, regarding a temporary upgrade to Water
Foreman, as the next Nem for consideration.
Mr. Campau inquired about Article 39.A. of the 192 contract. Mr. Locke stated that Article
39.A. of the contract referenced the Temporary Assignment and Promotions paragraph
which states in part, 7amporary assignments for the purpose of filling a vacancy of
Employees who are on vacation, absent because of illness, etc., shall be granted to the
senior Employee of the department who meets the requirements for such jobs" Mr.
Oampau inquired if the contract states "for a promotion to another Union" and Mr. Locke
stated N does not state that. This states that for any employee who Is In 192 and is
promoted, the promotion shall be granted to the senior employee. Mr. Tatigian stated the
192 contract doesn't apply beyond the scope of their contract. Mr. Locke stated he agreed
completely except that this contract also does not specifically state that if the employee Is
promoted to a position outside of the bargaining unit, said rules do not apply. Mr. Locke
continued by saying that N clearly states that if an employee is in 192, and they are still in
192 when they take the upgrade, the promotion goes to the senior employee. The employee
still pays 192 membership dues and they come back to the rank and file end if the City
wanted to have the opportunity to promote anyone to whatever position they wanted outside
the bargaining unit, they were at the table and they never asked for that
Ms. Mahoney clarified that the remedy requested by Mr. Mohr was that he be paid for time
lost and any compensatory time. She stated she wasn't sure what Mr. Mohr meant by time
lost and any comp fime. Mr. Locke replied the Foreman, or the Temporary Foreman in this
case, is awarded comp time for being on call where the regular workers that come in and do
the work are not afforded any comp time. So this individual suffered a monetary lose due to
rot receiving the wage increase and he suffered a loss due to not receiving the comp time
he would have earned. He reiterated that the 192 contract clearly states that any 192
member promoted should be promoted based on seniority. Mr. Locke advised the language
could be found on page 28 of the 192 contract.
Mr. Campau inquired N this was a one -day temporary upgrade and Mr. Locke stated this.was
for a three (3) day weekend.
Mr. Tatigian inquired what actually happened on that day. Mr. Locke stated Mr. Mohr did not
get promoted, he was not asked to be promoted; Instead the department promoted Sid
Sorenson. Ms. Mahoney read the discission section on the grievance which stated Mr.
Sorenson was 'the only qualified Local 192 employee who is familiar with the Cws
computer and Cartegraph systems.° Mr. Locke responded that was subject to conjecture
because the duties performed by the Foreman, and the Equipment Operator Its in the
department have been there for a long time. Mr. Mohr has been employed for eight (8)
Years or nine (9) years, so he is quite familiar With the duties, There are guidelines that
direct the Foremen or the Temporary Foremen in their duties and it is certainly something
Mr. Mohr could have filled the role for. Mr. Tatigian stated the grievance said Mr. Sorenson
had previously been a temporary on-call standby Foreman. Mr. Locke didn't think that was
accurate. They have had Sid work as a Temporary Foreman during the day and nobody
Page 5 129P Regular Meeting APN 20, 2011
grieved that but this was the first time he was actually put on call for the weekend. Mr. Locke
explained the Department decided that one of the current classified Foremen was not
allowed to have the overtime duty weekend, citing fatigue or overwork. Mr. Tatigian stated
that Management thought Mr. Sorenson was better qualified and promoted him. Mr. Locke
referenced the contract language which states it is based on seniority. Mr. Tatigian stated it
could be argued that the contract doesn't apply to positions which are not in the 192
bargaining unit. Mr. Locke stated if that was the intent, that sentence could have been put in
the contract. Mr. Locke stated this clearly refers to any individual being promoted and
because the person is in the bargaining unit, this language is very applicable. Mr. Tatigian
was anxious to hear from the other side.
Ms. Mahoney stated the Union's assumption is that this statement applies to any temporary
assignment in the City of Livonia. Mr. Locke stated that was correct. Mr. Campau inquired ff
this situation had ever occurred in the past, where a 192 employee was temporarily
promoted to a Foreman? Mr. Locke said not to his knowledge, not for a duty weekend. Mr.
Locke explained there had been five Foremen, then they were down to four, then to three,
due to budget cuts. Out of the three Foremen, they rotated the duty weekends. One
Foreman worked virtually none of them, and on this particular weekend the Foreman that
was supposed to work was the Foreman that was transferred out of the Department.
Management did not offer the overtime to the other Foreman, Vickie Locke. Instead they
gave the temporary Foreman duty to Sid Sorenson, who is not even in the Foreman's Union,
rather than have another Foreman come in to do the job. So Mr. Locke did not believe there
has ever been a 192 member placed on standby duty for an entire weekend. Mr. Locke
continued by stating Mr. Sorenson did not even take the Foreman test.
Robert Biga, Human Resources Director, stated Article 1, Recognition of Union, of the 192
contract specifically excludes certain classifications from any of the provisions within this
bargaining agreement. Some of those classifications are: confidential, administrative and
professional employees, or persons working in a supervisory capacity, including but not
limited to confidential or supervisory Employees in the Mayor's Office, Office of the City
Council, Department of Law, and Department of Civil Service. The 192 labor contract does
not apply to anyone working in a classification outside the bargaining unit. The Water
Foreman classification and all Foreman classifications are listed in the bargaining unit for
Local 1917, which is the Supervisory bargaining unit. Therefore, the City's position has been
for many years that promotions outside the 192 bargaining unit are strictly at the discretion of
Management. Management has the right to select whomever they want to be temporarily
promoted to the Foreman classification regardless of seniority or classification, and has
exercised that for many years.
Ms. Mahoney inquired when Management chooses to fill 1917 positions and they go to
someone within the 192 bargaining unit, are there any applicable rules from the 1917
contract? Mr. Biga advised there are m rules for 1917 that state how a person is selected
for the assignment. He explained the long-standing past practice has been that
Management selects whom they believe to be the most qualified person for the particular
assignment. Thera are no requirements that must be met by any labor contract or any Civil
Service Department rule. Management selects the candidate that they believe to be the best
qualified individual and has done so for more than 40 years. Mr. Tatigian stated that Civil
Service Commission Rules have no application and Mr. Biga confirmed that was correct.
Pop® 6 1289i° Regilar AAeervp APM 20, 2011
Mr. Tatigian asked ff Mr. Sorenson was a member of 1917 and Mr. Biga responded that he
was a member of the 192 bargaining unit but if Management wanted to take another person
they could. Mr. Biga added there were no 1917 members present at the meeting stating the
City was violating their contract. Mr. Biga reiterated that this has been a long-standing
practice. Assignments within the 192 bargaining unit are covered by the contract provision,
39.A., wherein the senior qualified individual in the next lower classification within a series, is
the parson who would get appointed or the senior person in the Department. In this case,
the position is not in the 192 bargaining unit, therefore, there is no violation of the contract.
Mr. Campau inquired if Mr. Biga had, in aft his experience, ever known any experience like
this that occurred in the past where a 192 member was temporarily promoted to a 1917
Foreman position and Mr. Biga said yes, and it had never been grieved in the past.
Mr. Campau affirmed that It was the past practice where Management has the right to
promote whom they want. Mr. Locke would like to know when that occurred because he had
been referring to a duty weekend. Mr. Biga stated Mr. Locke just got through telling the
Commission that on a regular basis Mr. Sorenson is temporarily promoted to a Foreman.
Mr. Locke explained that when Mr. Sorenson is temporarily promoted to Foreman, it is only
for eight (6) hours and he is not afforded comp time and the upgrade is nominal compared to
a three (3) day event Mr. Biga stated he has not tried to research it, he was stating that
spadfic temporary promotions to the Foreman position, regardless of the duration, are
subject to Management's discretion.
Mr. Locke stated in the qualifying statement that says it's not applicable, is flawed. He says,
"or persons working in a supervisory capacity." Every other promotion or descriptive is very
specific. Police, fire divisions, supervisory employees in the Mayors office, they are all very
specific of who they say this does not apply to. Therefore, they should have listed 1917
because 1917 is, according to Mr. Biga, the supervisory unit Mr. Locke didn't believe it was
a supervisory unit; it happens to be the Foreman's union, which is not necessarily a
supervisory union. According to Mr. Biga, for anybody working in a supervisory capacity, this
contract doesn't apply. Mr. Locke stated he was a crew leader on a daily basis, which is a
supervisory position, so now, Management can lust do what they want and they can make
any employee a crow leader? He didn't think so.
Mr. Biga reiterated that on a classification within the 192 bargaining unit, the 192 contract
applies. It does not applyto any position outside the 192 bargaining unit. Mr. Locke stated if
Mr. Biga's logic were sound, then the language in the contract, since it was so specific on
every other detail, would have mentioned 1917 specifically.
Mr. Tatigian stated that Mr. Sorenson actually got the promotion and did the work and was
paid for ft. He continued by stating Ralph Mohr didn't do the work. Mr. Locke stated that if
the Commission were to rule that Mr. Mohr doesn't get paid for it, but in the future the
contract should be adhered to, then that would be fine.
Upon a motion by Mr. Campau, seconded by Mr. Tatigian and unanimously adopted, it was
11-36 RESOLVED, that having reviewed AFSCME Union Local 192
Grievance 7111-06, dated February 24, 2611, from Ralph Mohr, Water
Operations Mechanic II, regarding a temporary upgrade to Water Foreman, and
having discussion with Charles Locke, President, AFSCME Union Local 192, and
Pagel 1283'° Regular Meeting Al 20, 2011
Robert Biga, Human Resources Director, the Civil Service Commission does
hereby deny the grievance.
Upon a motion by Mr. Tatigian, seconded by Mr. Campau and unanimously adopted, it was
1137 RESOLVED, That having reviewed the letter of March 10, 2011,
from Shedd A. Whitehead, Fire Chief, requesting an open -competitive
examination for Firefighter, 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:
1. Be a citizen of the United States or a resident alien with the right to work in
the United States.
2. Have a high school diploma or valid equivalency certificate. Preference will be
given applicants that have a Bachelor's Degree or an Associate's Degree in
Fire Science or an EMS curriculum.
3. Hold a current State of Michigan Paramedic License or National Registry EMT -
Paramedic, and be ACLS (Advanced Cardiac Life Support) certified.
4. Possess the Conference of Western Wayne Firefighter Written and Physical
Agility Test Certificates. THE AGILITY TEST CERTIFICATE MUST HAVE
BEEN ISSUED IN THE TWELVE (12) MONTHS PRIOR TO THE CLOSING
DATE OF THE ANNOUNCEMENT.
5. Possess normal visual functions and acuity in each eye of 20/100 or better,
correctable to 20/20 with eyeglasses. NOTE: Applicant must submit a
completed City of Livonia Firefighter Visual Acuity form dated after November
13, 2010, signed by a physician, optometrist or ophthalmologist attesting to the
applicant's visual acuity in each eye corrected and uncorrected.
6. Be free from any physical defects, chronic diseases, organic or functional
conditions or mental and emotional instabilities which may tend to impair the
efficient performance of duties or which might endanger the lives of others or
the individual employee.
7. Possess and maintain a valid motor vehicle operator's or a basic commercial
driver's license and have an acceptable driving record.
i5. AT THE TIME OF CERTIFICATION TO THE DEPARTMENT FOR FINAL
INTERVIEW AND HIRING CONSIDERATION, CANDIDATES MUST
POSSESS:
Pages czar seguw k4" Ayre M,nlr
A. A current State of Michigan Paramedic License or National Registry
EMT - Paramedic, and be currently ACLS certified.
B. A State of Michigan Firefighter 11 Certificate or equivalent certification in
a state that has reciprocity.
NOTE: CANDIDATES ARE REQUIRED TO SUBMIT ORIGINAL
DEGREESMP ANSCRIPTS, LICENSES AND CERTIFICATIONS BY THE
CLOSING DATE OF THIS ANNOUNCEMENT.
PARTS OF EXAMINATION AND WEIGHTS
Written Test -50V Oral Interview -50%
Background Investigation - PassrFail
Psychological Evaluation - Pass/Fall
`NOTE: The thirty (30) candidates with the highest passing scores on the Written Test will
be invited to continue to the Interview portion of the examination process. Remaining
candidates who pass the Written Test will have their names kept on file for future reference
during the life of the eligible list.
Upon a motion by Mr. Tadgian, seconded by Mr. Campau and unanimously adopted, it was
11.38 RESOLVED, That having reviewed the letter of March 28, 2011,
from Kathleen Monroe, City Librarian, requesting a promotional examination for
Librarian ll, 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 in the Library Department of the City of Livonia,
who, by the closing date of this announcement
1. Have regular status in the classification of Librarian 1; and
2. Possess a Master's Degree in Library Science from a University
accredited by the American Library Association; and
3. Have a minimum of one (1) year of full time supervisory work experierwe
or equivalent part-time experience.
PARTS OF EXAMINATION AND WEIGHTS
Interview -50% Departmental Rating - SOV
Candidate must pass the Interview and the Departmental Rating to be placed on the eligible
list.
Page 1ZEir Regular Meeting Apel 20, 2011
'in the event there is only one qualified applicant for this position, the parts of examination
and weights will be 100% Departmental Rating.
Upon a motion by Mr. 7atigian, seconded by Mr. Campau and adopted, it was
RESOLVED, That the meeting be adjourned at 6:07 p.m.
X ULt(I//Y/LL
Gretchen Guisbert, Secretary III
Mahoney, Chairperson
pr-giiqn,Co
` ssioner
Ronald E. Campau, Commissioner