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HomeMy WebLinkAbout1285th CSC Meeting (June)1285t" REGULAR MEETING OF THE CIVIL SERVICE COMMISSION The 1285' Regular Meeting of the Civil Service Commission was held on Wednesday, June 15t', 2011. The meeting was called to order at 5:31 p.m. Members Present: Also Present: Alex Bishop, Director of Inspection Charles Locke, President, AFSCME Union Local 192 Steven Schoonover, Vice -President, AFSCME Union Local 192 Debra Seeman, Executive Board member, AFSCME Union Local 192 Charlotte S. Mahoney, Chairperson Harry C. Tatigian Ronald E. Campau Phil Sheridan, Water Operations Mechanic I Karen Thompson, Program Supervisor Brian Wilson, Superintendent of Public Service Robert F. Biga, Human Resources Director Derrick L. Washington, Personnel Analyst 11 Gretchen Guisbert, Secretary III Upon a motion by Mr. Tatigian, seconded by Mr. Campau and unanimously adopted, it was 11-48 RESOLVED, That the minutes of the 1284t' Regular Meeting held Wednesday, May 18, 2011, be approved as submitted. Upon a motion by Mr. Campau, seconded by Mr. Tatigian and unanimously adopted, it was 11-49 RESOLVED, That having reviewed the letter of May 31, 2011, from Merrill Wassell, Librarian I, as approved for submission by Kathleen Monroe, City Librarian, requesting an unpaid medical leave of absence, the Civil Service Commission does hereby affirm the administrative approval of an unpaid medical leave of absence, not to exceed thirty (30) days, for the period July 11, 2011 through August 9, 2011, subject to Ms. Wassell providing medical documentation from her physician, and it is with the understanding that Ms. Wassell 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. Wassell not return to work for at least thirty (30) calendar days, after the approved thirty (30) day unpaid medical leave of absence, she will be responsible to reimburse the City of Livonia for any costs for benefits paid for Ms. Wassell during her time off in accordance with Section 25.6 (c) Insurance Premium Payments, of 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. Wassell's control. 11-50 RESOLVED, That having reviewed the letter of May 31, 2011, 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) Paget 1285" Regular Meeiirg June 15, 2011 year, commencing June 1, 2011, 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. 11-51 RESOLVED, That having reviewed the letter of June 3, 2011, from Tenanda Jett, Clerk I, as approved for submission by Kathleen Monroe, City Librarian, requesting an extension of an unpaid medical leave of absence, the Civil Service Commission does hereby affirm the administrative approval of an extension of an unpaid medical leave of absence beginning June 12, 2011 through July 31, 2011, subject to Ms. Jett providing medical documentation from her physician. 11-52 RESOLVED, That the Civil Service Commission does hereby affinn the administrative approval of the eligible list for Librarian II — Automation Services (1320 p.). 11-53 RESOLVED, That having reviewed the Departmental Correspondence of May 31, 2011, from Shadd A. Whitehead, Fire Chief, requesting an extension of probation for Thomas Donovan, Account Clerk I, the Civil Service Commission does hereby affirm the administrative approval of a six (6) month extension of Mr. Donovan's probationary period to January 3, 2012. The Commission received and fled the following: Status of Temporary Employees Report for May 2011. Non -Resident Report as of June 1, 2011. Current Open -Competitive and Promotional Eligible Lists as of June 1, 2011. Affirmative Action Report for May 2011. Removal of names from active eligible list report for the month of May 2011. Council Resolution from the meeting of May 11, 2011, with minutes approved May 25, 2011: #124-11, Approving the appointment of Scott Bahr, to the City Planning Commission for a three-year term expiring June 9, 2014. Council Resolutions from the meeting of May 25, 2011, with minutes approved June 8, 2011: #154-11, Approving the reappointment of R. Lee Morrow, to the City Planning Commission for a three-year term expiring June 9, 2014. #155-11, Approving the reappointment of Lynda Scheel, to the City Planning Commission for a three-year term expiring June 9, 2014. #156-11, Confirming the reappointment of Richard Hayward, to the Board of Directors of the Economic Development Corporation of the City of Livonia for a six-year term expiring June 7, 2017. Page 1285" Regular Meeting June 15, 2011 h. Expiring eligible list for the month of July 2011 — Police Service Aide (927 o.c.). Brian Wilson, Superintendent of Public Service, was present at the meeting to answer questions the Commissioners had regarding the request for an open -competitive examination for Custodian. Mr. Wilson advised the Department requested to add a new qualification -'Be able to lift in excess of fifty (50) pounds' This is a change from the last announcement which stated in the Job Description that "The job requires lifting in excess of twenty-five (25) pounds' Mr. Campau thought that the 50 pound requirement was a lot of weight. Mr. Wilson explained the reason for the change is that Custodians regularly use five (5) gallon containers of cleaning material, perform garbage pick-up, recycle office paper, and empty mop buckets. With those activities, a Custodian can easily be handling over twenty-five (25) pounds. Mr. Tatigian thought that 50 pounds was not a lot of weight. Mr. Biga explained that a gallon of water weighs approximately 8-1/2 pounds, therefore, a 5 -gallon container would weight almost 50 pounds, so it was not unusual for a Custodian to handle that weight. Charles Locke, President, AFSCME Union Local 192, staled that generally the Custodians work in teams. It was very seldom that a Custodian worked alone in a building, and if there was something that required lifting fifty (50) pounds, the employee could get help. He added that the five (5) gallon containers are kept at the DPW yard and they purchase janitorial supplies in quantity to save on money but they use smaller refillable bottles, so the chances of a Custodian having to lift fifty (50) pounds on a regular basis is slim. The Chairperson stepped down to second the following motion: Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and adopted, it was 11-54 RESOLVED, That having reviewed the letter of May 19, 2011, from Brian Wilson, Superintendent of Public Service, and Kevin Maillard, Director of Public Works, requesting an open -competitive examination for Custodian and proposed qualifications and parts of examination and weights, and having discussion with Brian Wilson, Superintendent of Public Service; Charles Locke, President, AFSCME Union Local 192; Robert Biga, Human Resources Director; and Derrick L. Washington, Personnel Analyst II, 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: Be a citizen of the United States or resident alien with the right to work in the United States; and Have a high school diploma or its equivalent; and Possess and maintain a valid drivers license, and have an acceptable driving record; and Page 1285" Regular Meeting June 15, 2011 4. Have a minimum of six (6) months full-time paid work experience preferably custodial, janitorial, laborer or maintenance work; and 5. Be able to lift in excess of fifty (50) pounds. PARTS OF EXAMINATION AND WEIGHTS Written Test -50% Interview -50% NOTE: The twenty-five (25) candidates with the highest passing score on the written test will be invited to the interview portion for the examination. AYES: Tatigian and Mahoney NAYS: Campau The gavel was returned to Chairperson Mahoney. Alex Bishop, Director of Inspection, explained that his Department lost a position which he filled with a temporary employee. He went to the PRC and requested a regular full -lime employee but the request was denied so the position was filled with a temporary employee. The Department is in the process of implementing a new computer system and they are in the throes of that. He didn't see that issue resolving itself anytime soon. There is a need for an employee and they have a temporary employee, Ms. Mootsey, who is doing an excellent job. At this time they would rather continue this as a temporary position as opposed to changing it to a part-time position or not having an employee at all. Until the budget issues are resolved, he won't know if he will have permission to hire someone on a regular basis. He requested the continuance of this as a temporary position for another six (6) months. Ms. Mahoney inquired if in another six (6) months the Personnel Review Committee (PRC) would allow Mr. Bishop to fill the position on a regular basis. Mr. Bishop hoped so because he thought he might lose a couple of positions through retirements. Mr. Bishop indicated if he lost any more employees he wouldn't be able to fulfill his mission. Mr. Tatigian inquired who denied Mr. Bishop's request to fill this with a regular employee. Mr. Bishop stated the PRC denied the request. Ms. Mahoney stated she had a concern because the Commission has tried their best to keep temporary employment to a minimum. She also stated if they allow this to occur for another six (6) months, her fear is that after that, an additional request will come before the Commission for an extension. Ms. Mahoney requested that a letter be sent to the PRC through the Finance Director that given the need for this temporary employee, they give strong consideration to hiring someone for regular employment because the Commission should not continue to extend temporary employment beyond the additional six (6) month extension. Mr. Tatigian didn't object to sending a letter, but he doesn't want to offend the Finance Director or the other Page 1285" Regular Meeting June 15, 2011 members of the PRC. Ms. Mahoney stated her concern was that the PRC doesn't know that the Commission no longer allows temporary employment to continue on an open-ended basis. Upon a motion by Mr. Taligian, seconded by Mr. Campau and unanimously adopted, it was 11-55 RESOLVED, That having reviewed the letter of June 6, 2011, from Alex Bishop, Director of Inspection, requesting an extension of temporary employment for Marilyn Mootsey, Clerk -Typist (TFT), the Civil Service Commission does hereby approve a six (6) month extension of Temporary employment for Ms. Moolsey; AND BE IT FURTHER RESOLVED, the Personnel Review Committee (PRC) should give strong consideration to approve this as a regular position in the future because the Commission will not approve a second extension beyond one (1) year for the Temporary Clerk -Typist position in the Inspection Department. Mr. Biga explained that regarding the letter of June 6, 2011, from Brian Wilson, Superintendent of Public Service, and Kevin Maillard, Director of Public Works, requests to extend the current Custodian (914 o.c.) eligible list until the establishment of a new eligible list. The Custodian list has expired. The Civil Service Department has an examination in process. Mr. Biga asked Mr. Washington what the timeframe was for completing the examination. Mr. Washington informed the Commission the Custodian examination would be announced tomorrow, June 16, 2011. Mr. Wilson clarified there was a short -lens need for the extension of the current Custodian (914 o.c.) eligible list because they had some promotions within the Department that resulted in some Custodian vacancies. Mr. Wilson stated they met with the PRC who indicated the department could hire Temporary Custodians while they go through the budget process. Mr. Wilson further stated the current list was a source of names to use. Mr. Biga stated that the department could use the list to hire temporary employees. Mr. Tatigian confirmed they could use the list for Temporary Custodians and no formal action from the Commission was required. Mr. Biga presented his memorandum to the Commission, dated June 10, 2011, regarding Public Act No. 54 of 2011 which freezes pay steps and requires that employees pay increased cost of insurance benefits until a successor contract is implemented. Mr. Biga slated there was also a letter from Gregg Schultz, Attorney, dated June 14, 2011, regarding Public Act 54 of 2011. Mr. Biga explained this was approved last week. The Public Employment Relations Act was amended and the new wording was published the following day, so this went through very quickly. Ms. Mahoney inquired if the Commission was subject to the new law. Mr. Biga confirmed that we are. He stated the law applies to all governmental agencies with contracts that have expired and are in the process of being renegotiated. With regard to the City of Livonia, AFSCME Union Local 192, AFSCME Union Local 1917 and the Livonia Police Officers Association (LPOA) are affected. He explained that the law states that any increased cost of benefits, including medical benefits that occur after the expiration of the contract, have to be Page 1285" Regular Meeting June 15, 2011 paid for by the employees. So if there is an increase in medical premiums and there is no subsequent contract, the employees have to pay that difference until the successor contract is in effect and then the terms and conditions of the new contract would be followed. Mr. Biga further stated that during the period of time the contract was expired and being renegotiated, there would be no pay steps, which for City of Livonia includes probationary increases, anniversary increases, longevity pay increases and any increases in benefits that are contingent upon time, such as additional vacation credits as a result of additional years of service. Mr. Biga continued by slating in the Police Department there is the classification of Senior Police Officer where Police Officers receive a step increase after ten (10) years of service. That increase would be stopped. Merit compensation that occurs after fifteen (15) years, or the increase after twenty (20) years of service would be stopped until such time as there is a successor contract. Ms. Mahoney inquired when a successor contract is in place, do the steps that were not paid during that time get implemented? Mr. Biga replied that as far as the City knows, that is a subject of negotiations. Mr. Biga advised that the new law also says if there is an arbitration award, there would be no retroactivity of wage increases. So for those unions subject to Public Act 312, such as Police Officers, Sergeants and Lieutenants and Firefighters, there would be no retroactive pay in an arbitration award. Mr. Campau asked Mr. Biga, in his opinion, what is the reason for this anti-union law? Mr. Biga stated it was to get Unions to settle contracts more expeditiously. Ms. Mahoney clarified this matter is before the Commission to inform them what is being dictated by current law. Mr. Biga asked for direction from the Commission to notify the affected employee groups. Mr. Campau recommended the Human Resources Director get together with all the Union presidents to discuss this and give them as much information as possible. Ms. Mahoney stated this law was not created by the City of Livonia, but the City has to implement this and it is extremely important to provide this information to all employees. Mr. Campau stated one of the biggest financial impacts this will have, is the issue of the increased cost of health care. Mr. Campau asked when the next health care renewal will occur. Mr. Biga responded it was March 2012. Health care is being discussed during the contract negotiations. Mr. Biga further stated there is also another contemplated state law that would require public employees to pay 20% towards their health care that is supposed to go into effect January 1, 2012. That would be for contracts that have not been settled prior to that so hopefully the incentives are there for the employees to settle their contracts prior to January 1, 2012. Otherwise, there will be no negotiations and employees will automatically be paying 20%. Mr. Campau asked what the current average cost of the health care plan for an individual. Mr. Biga stated currently the average is about $35 per month. Mr. Campau then asked what the cost was for the total plan. Mr. Biga stated the average was about $1,400 a month, so the employee would have a charge of $280 per month. Ms. Mahoney stated that in the private sector, the portion that employees are responsible for their health care, if it even remains an option, is growing, but she didn't know if it was 20%. She further stated that one of the other organizations she belongs to just voted to start their employees paying 20% of their health care costs. Mr. Tatigian asked if Obama-care would take care of any of this. Mr. Biga stated no, Obama-care resulted in increasing the cost by Pagel 1285" Regular Meeting June 15, 2011 adding certain benefits January 1, 2011, and those costs were reflected in the City's costs that went into effect March 1, 2011. Ms. Mahoney explained that insurance companies now have to cover things they didn't before. Mr. Biga explained that part of Obama-care extended preventive care that wasn't previously part of many insurance programs and also the City had a family continuation rider that the employees had to pay that gave their dependent child coverage from age 19-26. Now under Obama-care that cost is borne on the Plan to the same extent that dependent children under 19 would be paid for. The City of Livonia paid for children under 19, which means we now have to pay for dependents all the way up to age 26. This is whether or not they lived at home, if they were married, or if they were working or not. Mr. Campau inquired how many people that involved and Mr. Biga responded it was about fifty (50). Ms. Mahoney stated she thought it was important that the Commission communicate to the employees and to their Union leadership the ramifications of what the state law is currently doing. She reiterated there was no recourse; the City must comply with the new law. Upon a motion by Mr. Tatigian, seconded by Mr. Campau and unanimously adopted, it was 11-56 RESOLVED, That having reviewed the memorandum of June 10, 2011, from Robert F. Biga, Human Resources Director, regarding Public Act No. 54 of 2011, effective June 8, 2011, and Freezing of Pay Steps and Employees Paying Increased Cost of Insurance Benefits during the period of time after the expiration of a contract until a successor contract is implemented, and having discussion with Robert Biga, Human Resources Director, the Civil Service Commission directs the Human Resources Director to communicate the impact of Act 54 on the current law and any impending laws regarding employees paying increased cost of insurance benefits to all employees of the City of Livonia. Robert Biga, Human Resources Director, presented a letter June 7, 2011, from Philip Sheridan, Water Operations Mechanic I, requesting a waiver of qualification #2, "Having regular status as an Equipment Operator II, Water Operations Mechanic II or Construction Worker II" and accept equivalent outside work experience, and be allowed to take the promotional examination for Equipment Operator III. Mr. Sheridan was present at the meeting. Mr. Campau said he would have liked to see a recommendation from the Department. Mr. Wilson stated there are occasions when the Department will come to the Commission with a request for examination qualifications that may be restrictive in nature based on skills or knowledge, but generally they are not looking to have restrictive qualifications. In this regard the Department defers to the expertise of the Civil Service Department and how it would be possible to qualify someone. Mr. Campau inquired if they would be opening up a can of worms if they were to approve the request for looking at outside experience as merit for the qualifications. He also asked how many other employees would come to the Commission with a similar request. Derrick L. Washington, Personnel Analyst II, stated he had never seen this occur and he reminded the Commission they spent a lot of time at the May 2011 meeting determining that Page 1285" Regular Meeting June 15, 2011 the qualifications for the Equipment Operator III announcement were appropriate. His recommendation is that the qualifications stand as approved. Mr. Biga explained that from time to time, there is a need to change qualifications. There have been circumstances, when for clerical jobs, outside experience had been considered. In this case, there are a significant number of employees who meet the qualifications that the Commission just recently expanded and to expand that more at this time, is not justified. That is why he agreed with Mr. Washington's recommendation. Mr. Campau clarified that the only previous experience they have is in 1987, and at that time, the Commission denied the request at the behest of the Department Head and that was why he asked if there was a recommendation from the Department for this request. Ms. Mahoney stated when the qualifications are put together for a job; they are recommended by the Department for a particular job. If the Civil Service Commission or anyone else decides that qualifications should change on an individual basis, she thought they would be opening up a can of worms. Steve Schoonover, Vice -President, AFSCME Union Local 192, stated he would definitely want to use all his outside experience to apply for every job he could if the Commission opened up that opportunity. Charles Locke, President, AFSCME Union Local 192, stated he believed that in the Fire Department, outside experience has counted for promotional steps for certain individuals. He further stated that everybody in DPW, has the right to attempt it, and then it is the Commission's decision whether or not to accept it. He didn't think there was any one set of rules to follow for qualifications. Mr. Locke continued by slating Mr. Sheridan meets the qualifications through previous employment, but he has not mel the qualifications as stated on the announcement. Mr. Locke added that it is virtually impossible to become a Water Operations Mechanic II. There are only four (4) of them so there are not many people who meet the qualifications for the Equipment Operator III based on that status. Mr. Locke stated there is only one (1) Construction Worker II in the City, so on paper it looks like the qualifications were expanded but in reality, they were not. Ms. Mahoney indicated that would be within the purview of the Department. Mr. Washington stated he thought the appropriate time to look at the qualifications is at the time the examination is announced. Philip Sheridan, Water Operations Mechanic I, inquired if having status with Redford Township Department of Public Works counted for anything at all. He explained he had a position there for fourteen (14) months operating a truck with a chipper behind it, involved in brush pick up, which is equal to Livonia's Equipment Operator II. Ms. Mahoney explained the difficulty with that is it is like transferring credits from college to college and it was unfortunate that it didn't count toward status in the City of Livonia. Upon a motion by Mr. Campau, seconded by Mr. Taligian and unanimously adopted, it was Page 1285" Regular Meeting June 15, 2011 11-57 RESOLVED, That having reviewed the letter of June 7, 2011, from Philip Sheridan, Water Operations Mechanic I, requesting a waiver of Qualification #2, "have regular status as an Equipment Operator II; Water Operations Mechanic II or Construction Worker II", and be allowed to lake the promotional examination for Equipment Operator III (1321 p.), and having discussion with Brian Wilson, Superintendent of Public Service; Robert F. Biga, Human Resources Director; Derrick L. Washington, Personnel Analyst II; Charles Locke, President, AFSCME Union Local 192; Steven Schoonover, Vice -President, AFSCME Union Local 192; and Philip Sheridan, Water Operations Mechanic I, the Civil Service Commission does hereby deny the request. Robert F. Biga, Human Resources Director, had a question for the Commission. In doing some research, it was determined there were quite a few City of Livonia employees who live outside the twenty (20) mile limit required by state law and have not come before the Commission to request waivers of the residency requirement. Mr. Biga wanted to make sure that we have the "Ps dotted and T's crossed. Under the state law, an employee can live up to twenty (20) miles away from the City. Outside that it's up to local jurisdiction to approve exceptions. Mr. Biga referenced the Receive and File item pertaining to the Non -Resident Report and he stated approximately twenty-five (25) of the forty-two (42) individuals who live outside 20 miles have never come to the Commission requesting a waiver. Ms. Mahoney inquired if it was a ane -lime approval because it used to be an annual request. Mr. Biga stated exceptions currently have a one-time approval. Mr. Tatigian staled the employees should be notified that they should request a waiver and a failure to do so can result in possible disciplinary action up to and including termination. Ms. Mahoney asked how employees go about requesting a waiver. Mr. Biga stated the residency requirement is set by the Civil Service Commission. The Civil Service Commission has always had a residency requirement for employees. Under labor contracts, waivers have been permitted. The state law provides that a community can have a residency requirement. However, the requirement must be greater than 20 miles from the border of the community. For anything outside the 20 miles, the local body decides whether it continues a residency requirement. The Civil Service Commission decides this. He advised the Commission could do one of two things; 1) end the residency rule, or 2) keep a residency rule in accordance with state law. An employee who wants to live outside the 20 mile limit must gel a waiver from the Civil Service Commission. He explained the Commission could decide to implement a ane -time waiver or an annual waiver. Mr. Tatigian thought it should be an annual waiver. Mr. Carl and Ms. Mahoney thought they didn't want to go through what they had been going through in the past regarding the waivers. Ms. Mahoney personally believed that if you earn a salary in a community, a person ought to live in that community. Ms. Mahoney thought if there was a residency requirement in place, she asked for one of the Commissioners to agree that we ask for individuals living greater than 20 miles outside the City to obtain a one-time waiver. That way everybody knows we are retaining our residency requirement. Mr. Bishop asked how the boundary is measured because he had heard different things. Mr. Biga responded it is measured from the border. Livonia's shape is a perfect 6 mile by 6 mile, Page 10 1285"' Regular Meeting June 15, 2011 so you go out 20 miles from the City's border. Some people live more than 20 miles away based on road mileage, but their address is not 20 miles away from a border. Upon a motion by Mr. Campau, it was RESOLVED, That having reviewed the City of Livonia residency requirement as explained by Robert F. Biga, Human Resources Director, the Civil Service Commission does hereby remove the requirement for employees to submit a waiver to live outside the 20 mile limit. The motion failed for lack of support Ms. Mahoney asked Charles Locke if he had any information to bring forth. Mr. Locke stated that years ago employees had to come before the Commission every year and it was a complete waste of time on everybody's part and he asked why they bother. Mr. Tatigian stated it was the rule and the law. Mr. Locke stated the realism of the situation is, at gas being $4.00 per gallon, people can't afford to take a job that is ridiculously far away from where they live. Mr. Tatigian responded that as long as there is the rule, employees must comply with the rule. Ms. Mahoney stated she tended to agree with Mr. Tatigian. Mr. Biga stated a residency rule is a personal matter as well as a political issue. He continued by stating under the City Charter, the Civil Service Commission sets the rules regarding residency. Ms. Mahoney passed the gavel to second the following motion: Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and adopted, it was 11-58 RESOLVED, That having reviewed the City of Livonia residency requirement as explained by Robert F. Biga, Human Resources Director, the Civil Service Commission does hereby require the submission of a ane -time waiver for any employee living outside the 20 mile limit from the border of the City of Livonia and directs the Civil Service Department to notify said employees to submit a waiver and that a failure to do so can result in possible disciplinary action up to and including termination. AYES: Tatigian and Mahoney NAYS: Campau Upon a motion by Mr. Tatigian, seconded by Mr. Campau and unanimously adopted, it was RESOLVED, That the meeting be adjourned at 6:25 p.m. Gretchen Guisbert, Secretary III Charlotte S. Mahoney, Chairperson Page 11 1285" Regular Meeting June 15, 2011 Harry C. Tatigian, Commissioner Ronald E. Campau, Commissioner