HomeMy WebLinkAbout1290th CSC Meeting (November)12W REGULAR MEETING OF THE
CIVIL SERVICE COMMISSION
The 1290" Regular Meeting of the Civil Service Commission was held on Wednesday,
November 16'", 2011. The meeting was called to order at 5:31 p.m.
Members Present: Charlotte S. Mahoney, Chairperson
Harry C. Tatigian
Ronald E. Campau
Also Present:
Charles Locke, President, AFSCME Union Steven Schoonover, Vice -President,
Local 192 AFSCME Union Local 192
Kevin Maillard, Director of Public Works Robert F. Biga, Human Resources Director
Judy Priebe, Technical Specialist Gretchen Guisbert, Secretary III
Derrick L. Washington, Personnel Analyst II
Upon a motion by Mr. Tatigian, seconded by Mr. Campau and unanimously adopted, it was
11-106 RESOLVED, that the minutes of the 1289'" Regular Meeting held
Wednesday, October 19, 2011, be approved as submitted.
Upon a motion by Mr. Tatigian, seconded by Mr. Campau and unanimously adopted, it was
11-107 RESOLVED, That the Civil Service Commission does hereby affirm
the administrative approval of the eligible list for Police Officer (936 o.c.).
Upon a motion by Mr. Tatigian, seconded by Mr. Campau and unanimously adopted, it was
11-108 RESOLVED, That the Civil Service Commission does hereby affirm
the administrative approval of the eligible list for Program Supervisor (1328 p.).
The Commission received and fled the following:
Status of Temporary Employees Report for October 2011.
Non -Resident Report as of November 1, 2011.
Current Open -Competitive and Promotional Eligible Lists as of
November 1, 2011.
Affirmative Action Report for October 2011.
Removal of names from active eligible list report for the month of October
2011.
Council Resolutions from the meeting of October 19, 2011 with minutes to
be approved November 2, 2011:
#328-11, approving the reappointment of Lynda Scheel to the Livonia
Brownfield Redevelopment Authority for a tens of three years, expiring on
November 24, 2014.
Page t 129Du Regular Meeting November 16, 2011
#329-11, approving the reappointment of Joe Taylor to the Livonia
Brownfield Redevelopment Authority for a term of three years, expiring on
November 24, 2014.
#330-11, approving the reappointment of Jack Engebrelson, to the Livonia
Brownfield Redevelopment Authority for a term of three years, expiring on
November 24, 2014.
#340-11, determining that effective January 1, 2012, all Councilmembers
will be responsible to pay 50 percent of the cost of health insurance,
optical and dental benefits provided by the City.
g. Letters dated November 3, 2011, to Terry Marecki, City Clerk, from Jack E.
Kirksey, Mayor, regarding Items #10, #11 and #12 on the Council Regular
Meeting of November 2, 2011, indicating he does not intend to use his
veto power regarding the approval of the contract between the City of
Livonia and AFSCME Union Local 192; the Council concurrence of salary
and fringe benefits adjustments for non -represented City of Livonia
employees; and the Council concurrence of salary and fringe benefit
adjustments for Appointed Department Head classifications, for the period
December 1, 2010 through November 30, 2013.
h. Letter of November 1, 2011, from Kathleen Monroe, City Librarian, to
Teranda Jett, Clerk I (RPT), regarding termination of employment.
i. Expiring eligible lists for the month of December— None.
Upon a motion by Mr. Tatigian, seconded by Mr. Campau and unanimously adopted, it was
11-109 RESOLVED, That having reviewed the Departmental
Correspondence of October 24, 2011, from Linda McCann, Director of
Community Resources, requesting a beginning wage of Step 2 for Karl Peters,
Program Supervisor, the Civil Service Commission does hereby approve the
beginning wage of Step 2 for Mr. Peters, to be effective on the date of the
appointment, due to his work experience.
Upon a motion by Mr. Carl seconded by Mr. Tatigian and unanimously adopted, it was
11-110 RESOLVED, that having reviewed the Departmental
Correspondence of October 25, 2011, from Cynthia Stapleton, Police Lieutenant,
as approved by Curtis Caid, Deputy Police Chief, requesting an extension of the
three-year vacation day carry over limit in anticipation of retirement based on a
revised retirement date of October 25, 2014, the Civil Service Commission does
hereby approve this request;
AND BE IT FURTHER RESOLVED, that the employee must reduce her vacation
balance to thirty-two (32) eight (8) hour duty days, effective December 31, 2013,
since her basic vacation credit on January 1, 2014, is twenty-seven (27) eight (8)
hour duty days, and the maximum number of days the employee can have in the
vacation bank is fifty-nine (59) eight (8) hour duty days;
AND BE IT FURTHER RESOLVED, that the employee has been advised that the
maximum number of days will be increased by the number of bonus vacation
Page 1290u Regular Meeting November 16, 2011
days earned in the last three (3) years prior to retirement for not using more than
forty (40) sick leave hours annually, up to a maximum of nine (9) days;
AND BE IT FURTHER RESOLVED, that the employee has been notified it is the
employee's responsibility to manage her 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.
Upon a motion by Mr. Campau, seconded by Mr. Tatigian and unanimously adopted, it was
11-111 RESOLVED, That having reviewed the letter of November 2, 2011,
from Judy Priebe, Technical Specialist, City Council, requesting a promotional
examination for Secretary 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 Zoning Board of Appeals; and
Have regular status in the classification of Clerk -Typist II; and
Have a minimum of ten (10) years of full-time work experience with the
City of Livonia.
PARTS OF EXAMINATION AND WEIGHTS
Performance Test -40% Departmental Rating -60%
Typing — Minimum 60 wpm
Candidates must pass the Performance Test and the Departmental Rating in order to be
placed on the eligible list.
Upon a motion by Mr. Campau, seconded by Mr. Tatigian and unanimously adopted, it was
11-112 RESOLVED, that having reviewed the letter of November 4, 2011,
from Andrew Tubbs, Police Officer, as approved for submission by Curtis Caid,
Deputy Police Chief, requesting a waiver of the residency requirement, the Civil
Service Commission does hereby grant a request for a waiver of the residency
requirement for Mr. Tubbs until further notice.
Upon a motion by Mr. Campau, seconded by Mr. Tatigian and unanimously adopted, it was
11-113 RESOLVED, That having reviewed the letter of November 9, 2011,
from Donald Knapp, City Attorney requesting an extension of the Hours/Wage
Adjustment agreement for a member of its administrative support staff, the Civil
Service Commission does hereby approve an extension of the Hours/Wage
Page 1290"' Regular Meeting November 16, 2011
Adjustment agreement for Brenda Smyser, for the fiscal year December 1, 2011
through November 30, 2012.
Robert F. Biga, Human Resources Director, explained that the new contracts that we have
with AFSCME Locals 192 and 1917 and the provisions that we have for non -represented
have unpaid furlough time of six (6) days. Three (3) are unpaid regular work days and three
(3) are unpaid holidays for next year. There have been some people asking to continue the
unpaid furlough program that has been in place for the last two (2) years because they still
want to donate time to the City to help. Some people have the need or want to take more
time off and this way, under the 610 program, this is not held against them for accrual of
vacation or sick time. It is recommended this program be continued for up to twenty-six (26)
days per year.
Mr. Campau inquired if this program was voluntary and Mr. Biga confirmed that it was.
Mr. Biga further stated that if an employee takes a day off, they don't get paid. The
employee doesn't lose their accrued vacation or sick leave or their seniority.
Charles Locke, President, AFSCME Union Local 192, repeated for clarification, that the
program had increased the potential days off from thirteen (13) to twenty-six (26). Mr. Biga
stated that these days have to be pre -scheduled, and they have to be approved by the
Department and are subject to the operating needs of the Department.
Upon a motion by Mr. Tatigian, seconded by Mr. Campau and unanimously adopted, it was
11-114 RESOLVED, That having reviewed the memorandum of November
14, 2011, from Robert F. Biga, Human Resources Director, regarding the
continuation of unpaid furlough time designated as "610 lime," the Civil Service
Commission does hereby approve the continuation of unpaid furlough time
designated as "610 time" and increases the number of days that can be
designated as such to twenty-six (26), subject to these days being pre -scheduled
and approved by the Department Head, and subject to operating needs of the
Department, to be effective from January 1, 2012 through December 31, 2013.
Upon a motion by Mr. Taligian, seconded by Mr. Campau and unanimously adopted, it was
11-115 RESOLVED, That having reviewed the memorandum of
November 14, 2011, from Robert F. Biga, Human Resources Director, requesting
a promotional examination for Police Sergeant 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, at the closing dale of
this examination, are employed in the Police Division of the Department of Public Safety;
have regular status in the classification of Police Officer; and have had at least five (5) years
of experience, immediately preceding the closing date of the examination, as a Police Officer
with the City of Livonia. Experience is counted through April 8, 2012.
Page s 1290"' Regular Meeting November 16, 2011
PARTS OF EXAMINATION AND WEIGHTS
The proposed parts of examination and weights are unchanged from the past examination
and are as follows:
Written Test - 60% Interview - 15% Departmental Rating - 25%
Candidates must pass the Written Test, Interview and Departmental Rating in order to be
placed on the promotional eligible list.
Upon a motion by Mr. Campau, seconded by Mr. Tatigian and unanimously adopted, it was
11-116 RESOLVED, That having reviewed the memorandum of
November 14, 2011, from Robert F. Biga, Human Resources Director, requesting
a promotional examination for Police Lieutenant 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, at the closing dale of
this examination, are employed in the Police Division of the Department of Public Safely; as a
Senior Sergeant or have regular status in the classification of Sergeant and, have had at least
four (4) years of experience, immediately preceding the closing date of the examination, as
Sergeant in the City of Livonia. Experience is counted through April 8, 2012.
PARTS OF EXAMINATION AND WEIGHTS
The proposed parts of examination and weights are unchanged from the past examination
and are as follows:
Written Test - 50% Interview - 25% Departmental Rating - 25%
Candidates must pass the Written Test, Interview and Departmental Rating in order to be
placed on the promotional eligible list.
Mr. Biga stated that the request for an open -competitive examination for Police Service Aide
has the same qualifications and parts of examination and weights as the previous
examination. He added there is one (1) name left on the current eligible list and there are
some people who passed the written examination and are scheduled for an interview. Those
people will be added to the current eligible list and the Police Department will still need
additional names and that is why the request for a new examination is before the
Commission.
Page 129Du Regular Meeting November 16, 2011
Upon a motion by Mr. Campau, seconded by Mr. Tatigian and unanimously adopted, it was
11-117 RESOLVED, That having reviewed the memorandum of
November 16, 2011, from Derrick L. Washington, Personnel Analyst II, requesting
an open -competitive examination for Police Service Aide, and proposed
qualifications and parts of examination and weights, the Civil Service Commission
does hereby approve the following qualifications and parts of examination and
weights:
QUALIFICATIONS
By the closing date of this announcement, applicants must:
Be a citizen of the United States or resident alien with the right to work in
the United States; and
Be at least eighteen (18) years old; and
Have a high school diploma or a valid equivalency certificate, and
Possess and maintain a valid drivers license; and
Be free from any physical defects, chronic diseases, organic 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; and
Possess an MCOLES, United States Army or Marines Physical Fitness
Test certificate, illustrating successful completion, dated within the
preceding twelve (12) months of the closing date of this announcement.
Possess normal hearing, normal color vision, and normal visual functions
and acuity in accordance with the Civil Service Commission approved
visual acuity standard adopted as attached.
By the closing date of the announcement, each applicant must submit a
written statement from a physician, optometrist, or ophthalmologist giving
the applicant's visual acuity in each eye corrected and uncorrected. (Eye
examination must be within the preceding six (6) months of the closing
date of this announcement.)
NOTE: Applicants are required to submit original degrees/transcripts, MCOLES Certification
and Visual Acuity Statement by the closing date of this announcement.
PARTS OF EXAMINATION AND WEIGHTS
Written Test -50% Interview -50%
NOTE: A minimum of the fifteen (15) qualified 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 parts of the examination in order to be placed on the eligible list.
NOTE: At the time of appointment, applicants are required to pass a background
investigation by the police department, a psychological evaluation conducted by a City
Page ] 129Du Regular Meeting November 16, 2011
authorized psychologist and a complete pre-employment medical examination including drug
testing conducted by a physician authorized by the City of Livonia.
Mr. Biga stated the Civil Service Commission had previously approved the qualifications that
were announced for the Recreation Supervisor — Senior Citizen's Program. Out of the
applicants, we only had one (1) qualified candidate. After discussing some options with
Linda McCann, Director of Community Resources, it was agreed to change the qualifications
in order to give us more Flexibility because there weren't enough people meeting the previous
qualifications. The applications we have received would be kept on file plus we would
receive additional applications and then we would proceed with the examination process.
Upon a motion by Mr. Tatigian, seconded by Mr. Campau and unanimously adopted, it was
11-118 RESOLVED, that having reviewed the memorandum of November
16, 2011, from Derrick L. Washington, Personnel Analyst II, requesting to re -
announce the Recreation Supervisor — Senior Citizen's Program (938 o.c.)
examination, the Civil Service Commission does hereby approve the re -
announcement of the Recreation Supervisor — Senior Citizen's Program
(938 o.c.) examination, with the revised qualifications and parts of examination
and weights as follows:
QUALIFICATIONS
By the closing date of application, applicants must:
1. Be a citizen of the United Stales or resident alien with the right to work in
the United States; and
2. Have a Bachelor's degree or higher from an accredited college or
university with major emphasis of study in Gerontology, Social Work,
Recreation or closely related field; and
3. Have a minimum of two (2) years full-time paid work experience directing
Senior Citizen activities and programs; OR
4. Have an equivalent combination of experience and education.
5. Grant writing experience preferred, but not required.
PARTS OF EXAMINATION AND WEIGHTS
100% Interview
In the event the number of qualified applicants exceeds ten (10), an evaluation of the
applications will be made and the ten (10) applicants with the most appropriate and
responsible combination of experience and training will be interviewed.
Charles Locke, President, AFSCME Union Local 192, presented AFSCME Union Local 192
Grievance #11-11, dated October 18, 2011, from DPW employees regarding the change in
starting time. Mr. Locke stated they came before the Commission last year regarding the time
change that Mr. Maillard wanted to implement and the Commission ruled in the employees'
Page 8 1290u Regular Meeting November 16, 2011
favor that it wasn't warranted. During contract negotiations the Union begrudgingly agreed to
the change but the understanding from the Union's point of view, was that there were very
specific timelines when this change could occur and it was not going into effect until the first
Monday of October 2012. Mr. Locke said the language clearly stated the time would be
changed on the first Monday of October of any year; not "may" change on the first Monday
and be altered at any time. Mr. Locke stated there was a specific timeframe and if Mr.
Maillard chose not to implement it, then he lost the right to make that change and the
schedule stays at the traditional 7:00 a.m. to 3:30 p.m. shift. The timeframe when Mr. Maillard
implemented the change had passed and it was beyond the first Monday in October deadline.
Mr. Locke slated both sides agreed to that and it was implemented anyhow it was clearly not
what the intent was or what the language states.
Kevin Maillard, Director of Public Works, stated that the 192 members did work without a
contract for a year, and the Commission did rule against the time change on the old contract
that expired on December 1, 2010. Mr. Maillard stated they negotiated for approximately a
year without a contract and this was one of the items he felt he could change without a
contract being in place. During negotiations he told the Union they will negotiate the time
change and he would not implement the time change, even though they were without a
contract.
On October 6, 2011, the Local 192 ratified the contract with the time change language. Mr.
Maillard slated he held off on making the change in the work day to 7:30 a.m. to 4:00 p.m.
primarily because he was waiting for Civil Service and the Union to ratify the contract. It took
a long time to get the contract to go through because they went back and forth on a number of
items and they came to an accord. Mr. Maillard stated it was never specified the time change
would take place in 2012. He further stated Mr. Biga was part of the negotiations and it was
never mentioned it would be 2012. The intent from day one was that the Department would
implement a change as soon as possible, primarily because of daylight, the leaf program, and
productivity. City Council has since approved the contract and the Department gave the
employees a two-week notice about the change, around October 24, 2011, that they were
going to change the work day hours. The work force has adjusted their schedules in
accordance with the 7:30 a.m. to 4:00 p.m. shift and as far as he was concerned, it has
worked out extremely well. He only heard one complaint on the time change. Mr. Maillard
further stated that this was the first time in the three years that he has been with the
Department that they are on schedule with the leaf pick up. Mr. Maillard believed the time
change was warranted and it is in the new contract and he felt the intent was to impose the
time change during the winter to take advantage of more daylight hours. Mr. Maillard stated
that during negotiations, in the last comment regarding the time change, he held off
implementing this until October through April, instead of Labor Day to Memorial Day like he
wanted to, and he said he cooperated with the Union on this matter until they ratified the
contract. He didn't see the need to change this nor did he feel he was in violation of the
contract. Mr. Maillard also disagreed that it was intended to begin in 2012.
Mr. Locke didn't feel the overall effect of this new time change had gone without complaints;
people have had to adjust their schedules. He also didn't feel that there would be any
problem when the first Monday of October 2012 arrives, provided Mr. Maillard announces the
time change. Mr. Locke stated Mr. Maillard felt he had the right to implement this whenever
he wanted to. If he thought he could do that, he should have posted the notice during the
Page 1290u Regular Meeting November 16, 2011
second week in September and stuck by the guidelines of the contract, but he didn't. He
clearly violated the language that was written.
Mr. Maillard stated they had not come to an agreement on the October date, at that point. He
also stated that Mr. Tatigian had questioned during a prior meeting why Mr. Maillard was
disrupting the work force, therefore, that was the reason he decided he would wait until the
contract was ratified.
Mr. Campau stated that under the old contract, they told Mr. Maillard he couldn't do that. He
asked Mr. Maillard when he implemented this. Mr. Maillard replied this was done under the
new contract. Mr. Campau read the new language to Mr. Locke, which states,
"Notwithstanding the above, the Director of Public Works retains the right, without recourse to
the above process, to modify the work schedule for any group(s) of employees within the
Department of Public Works or for the entire department to 7:30 a.m. through 4:00 p.m. from
the first Monday of October of any year through the first Monday of April of the following year."
Mr. Locke stated he understood that but he felt that Mr. Maillard couldn't say that he couldn't
grieve the matter if Mr. Maillard was going to violate it. Mr. Locke stated the violation was that
it didn't occur on the first Monday of October.
Mr. Tatigian stated the starting time change didn't have to occur then. He continued by stating
the new language says he could do it at any time between the first Monday of October of any
year, not 2012. Mr. Tatigian further stated Mr. Maillard could implement the change during
that period of time. Mr. Tatigian stated there was good news and bad news for both Mr. Locke
and Mr. Maillard. The bad news for Mr. Maillard is that he implemented this after the Civil
Service Commission approved it, but it was before the November 2, 2011 City Council
approved the contract. Mr. Tatigian confirmed this with Mr. Biga. Mr. Tatigian stated that
since Mr. Maillard did this prior to City Council approving the new contract, technically, he was
in violation on the grievance that was presented, based upon the old contract and the decision
that the Civil Service Commission made.
Mr. Tatigian staled the good news for Mr. Maillard is that he has the right to implement the
time change at any time between the first Monday of October 2011 and the first Monday of
April of 2012. He told Mr. Maillard he just needed to repost the notification.
Upon a motion by Mr. Tatigian, seconded by Mr. Campau and unanimously adopted, it was
11-119 RESOLVED, That having reviewed AFSCME Grievance #11-11,
dated October 18, 2011, from DPW Employees, regarding the change in start
time, and having discussion with Kevin Maillard, Director of Public Works;
Charles Locke, President, AFSCME Union Local 192; and Robert F. Biga,
Human Resources Director, the Civil Service Commission does hereby grant the
grievance because at the time the grievance was fled, it fell under the language
of the old contract; further, the Civil Service Commission directs the removal of
the old posting, and a new notice will be posted listing the change in shift time
will be 7:00 a.m. to 4:00 p.m., in accordance with the new contract language.
Page 10 1290u Regular Meeting November 16, 2011
Upon a motion by Mr. Campau, seconded by Mr. Tatigian and unanimously adopted, it was
RESOLVED, That the meeting be adjourned at 6:02 p.m.
Gretchen Guisbert, Secretary III
Charlotte S. Mahoney, Chairperson
Harry C. Tatigian, Commissioner
Ronald E. Campau, Commissioner