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HomeMy WebLinkAbout1306th CSC Meeting (March 13, 2013)13W REGULAR MEETING OF THE CIVIL SERVICE COMMISSION The 1306th Regular Meeting of the Civil Service Commission was held on Wednesday, March 13, 2013. The meeting was called to order at 5:34 p.m. Members Present: Also Present: Brian Wilson, Superintendent of Public Service Harry C. Tatigian, Chairman Brian Meakin Charlotte S. Mahoney Robert F. Biga, Human Resources Director Gretchen Guisbert, Secretary III Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian and adopted, it was 13-27 RESOLVED, that the Minutes of the 1305th Regular Meeting held Wednesday, February 20, 2013, be approved as submitted. Upon a motion by Mr. Meakin, seconded by Mr. Tatigian and adopted, it was 13-26 RESOLVED, That having reviewed the letter of March 1, 2013, from Kimberly Belcher, Custodian, as approved by Brian Wilson, Superintendent of Public Service and Kevin Maillard, Director of Public Works, requesting an unpaid medical leave of absence, the Civil Service Commission does hereby affirm the administrative approval of an unpaid medical leave of absence for medical necessity to care for a family member, not to exceed sixty (60) days beginning February 26, 2013, with the understanding that Ms. Belcher 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. Belcher wish to continue her leave of absence to care for a family member, after she is no longer disabled by her physician, Ms. Belcher will be required to exhaust her vacation and personal business banks prior to requesting additional unpaid time off; AND BE IT FURTHER RESOLVED, that should Ms. Belcher not return to work for at least thirty (30) calendar days after the approved unpaid medical leave of absence, she will be responsible to reimburse the City of Livonia for any cost for benefits paid for Ms. Belcher 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. Belcher's control. Upon a motion by Mr. Meakin, seconded by Ms. Mahoney and unanimously adopted, it was 13-29 RESOLVED, That having reviewed the memorandum of March 6, 2013, from Robert F. Biga, Human Resources Director, regarding the passing Paget 1300"' Regular Meeting March 13, 2013 point for the written test for Police Sergeant (1341 p.), the Civil Service Commission does hereby affirm the administrative approval of the passing point of 70% out of a maximum raw score of 180 or a score of 126 on the written test for Police Sergeant (1341 p.). Upon a motion by Mr. Meakin, seconded by Ms. Mahoney and unanimously adopted, it was 13-30 RESOLVED, That having reviewed the memorandum of March 8, 2013, from Derrick L. Washington, Personnel Analyst II, Personnel Analyst II, to Robert F. Biga, Human Resources Director, regarding the passing point for the written test for Water Meter Repairer II (956 o.c.), the Civil Service Commission does hereby affirm the administrative approval of the passing point of 70% out of a maximum score of 100, or a score of 70 in the written test for Water Meter Repairer II (956 o.c.). Upon a motion by Mr. Meakin, seconded by Ms. Mahoney and unanimously adopted, it was 13-31 RESOLVED, that the Civil Service Commission does hereby affirm the administrative approval of the eligible list for Police Dispatcher (959 o.c.). The Commission received and fled the following: a. Status of Temporary Employees Report for February 2013. b. Non -Resident Report as of March 1, 2013. C. Current Open -Competitive and Promotional Eligible Lists as of March 1, 2013. d. Affirmative Action Report for February 2013. e. Removal of names from active eligible list report for the month of February 2013. f. Council Resolutions from the meeting of February 11, 2013 with minutes to be approved February 25, 2013: #27-13, authorizing an agreement between the City of Livonia and Reliance Standard Life Insurance to buy life and accidental death and dismemberment insurance coverage for a three year period ending February 28, 2016. #28-13, confirming the reappointment of William Tancill, to the Board of Review for a term of three years commencing February 17, 2013, and expiring on February 16, 2016. #29-13, confirming the appointment of Vahan Nazarian, to the Board of Review to fill the unexpired term of Conrad Gniewek for a term that will expire on February 16, 2014, provided that Mr. Nazarian takes the Oath of Office as required in Chapter X, Section 2 of the City Charter, to be administered by the City Clerk. g. Council Resolutions from the meeting of February 25, 2013 with minutes to be approved March 11, 2013: #41-13, confirming the reappointment of Richard W. McDowell, to the Board of Ethics for a three year term expiring March 1, 2016. Page 3 1300"' Regular Meeting March 13, 2013 #42-13, confirming the reappointment of Ronald Reinke, to the Local Officers Compensation Commission for a seven year term expiring April 2, 2020. #45-13, confirming the reappointment of James R. McCann, to the Board of Ethics for a three year term expiring March 1, 2016. h. Expiring eligible lists for the month of April 2013 — None. Robert Biga, Human Resources Director, informed the Commission that he received the Opinion and Award for the Act 312 Arbitration between the City of Livonia and the Livonia Firefighters Union. The contract that was negotiated left one issue unresolved. That issue dealt with premium sharing for medical insurance in retirement for Firefighters. Mr. Biga stated we have this provision for all of our General employees. With the Firefighters we had a contract that did not have retirement premium sharing. During negotiations we tried to get the LFFU to voluntarily agree. They did voluntarily agree with one item because Police Officers receive it in arbitration. That was if the employee took the alternative health care plan in retirement, the retiree would pay the difference between the two plans. The issue was for the basic health care copays. Our geneml employees pay an amount equal to what they were paying at the time they retired into retirement. We requested the same for LPOA and we did not prevail in the Police Officer arbitration award. The arbitrator, Thomas Gravelle, was the mediator several years ago with our 192 employees. This was a major arbitration award. Mr. Tatigian asked if he adopted the City's Last Best Offer. Mr. Biga confirmed that he did. Mr. Biga explained that Act 312 has changed dramatically in that you have to present your last best offer on the first day of hearings. Previously you could actually do some negotiating and then present your last best offer. Now you put your last best offer up front. Mr. Biga stated it was an interesting feature. Mr. Biga stated legislation speeded the process up. The big changes involved some of the major procedures. Another thing the arbitration now places a greater emphasis on internal comparables. Arbitrators have looked at external comparables rather than internal. Communities have always argued that we have to be consistent across our own bargaining units within our community. Outside is interesting but if we are able to do something with one bargaining unit we should be able to carry it forward to other bargaining units so that internal comparables become consistent. The employer's ability to pay was another issue. It is mandated that the arbitrator must take that into consideration. The law always required it but some arbitrators have skirted that issue. Mr. Biga stated he could remember a case in Detroit where an arbitrator made an award. In that case the famous quote was "lesser minds than those in the City of Detroit have been able to resolve these financial problems." The arbitrator ignored the ability to pay argument that Detroit had made several years ago. Upon a motion by Ms. Mahoney, seconded by Mr. Meakin and unanimously adopted, it was 13-32 RESOLVED, that the Civil Service Commission does hereby accept the Opinion and Award for the Act 312 Arbitration between the City of Livonia and the Livonia Firefighters Union and forwards same to City Council for their consideration and action as may be required. Page 4 1306" Regular Meeting March 13, 2013 Mr. Biga stated that the request for an open -competitive examination for Custodian lists qualifications that are essentially the same as what they have been in the past. He recommended that qualification number 5 be rephrased to say "Be able to lift 'a minimum' of fifty (50) pounds' instead of "Be able to lift'in excess' of fifty (50) pounds." Upon a motion by Ms. Mahoney, seconded by Mr. Meakin and unanimously adopted, it was 13-33 RESOLVED, having reviewed the letter of March 4, 2013, 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, 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 Have a minimum of six (6) months full-time paid work experience preferably custodial, janitorial, laborer or maintenance work; and Be able to lift a minimum of fifty (50) pounds. PARTS OF EXAMINATION AND WEIGHTS WRITTEN TEST -50% INTERVIEW -50%, 'The twenty-five (25) candidates with the highest passing score on the written examination will be invited to the interview portion of the examination. Mr. Biga explained that the City has had a large number of vacancies in the Police Officer ranks and we have been hiring Police Service Aides along with Police Officers. Our approach has been Police Service Aides get promoted to Police Officer because that way we have a chance to evaluate the employee twice. The Chief wants to fill positions as quickly as possible. We have several of our Police Service Aides that have met all the qualifications for Police Officer, meaning they have the MCOLES certifications but they don't have the six (6) month experience with the City of Livonia. There is a 2 -year probationary period as a Police Officer so the Department is asking for a temporary waiver of the six month experience requirement as a Police Service Aide. Mr. Tatigian asked if there should be a duration for this waiver and Mr. Biga replied there could be a one year waiver of this requirement. Ms. Mahoney asked if in the next six months there is potential for the Department to come back again if the Commission makes it a one- time instance. Ms. Mahoney asked if they were waiving it for this particular instance, and at Page 5 1306" Regular Meeting March 13, 2013 what point in time does the Chief feel he will no longer have a need to expedite the processing of PSA's. Mr. Biga stated it may depend on what happens with the Police Officer examination that we have ongoing as well. He explained that we just hired six Police Service Aides on Monday and he thought some of those candidates are Police Officers in other departments, so the Chief is looking at if they pan out, he would want to promote them fairly quickly. Mr. Biga suggested a one-year waiver to March 1, 2014. Mr. Biga further explained that yesterday an examination was conducted for Police Officer and of the 32 total candidates, 29 candidates showed up. The Police Officer announcement will remain open for applications until the Department is at full staff. Another written test will be given as soon as there are at least 30 candidates. One group is being considered at a time and a list is generated. As another group is tested the lists can be consolidated by the Commission. Ms. Mahoney stated the ability to deal with a waiver for a year should be sufficient. Mr. Biga slated that takes care of the current Police Service Aides. Normally, these are candidates with high school diplomas who are still taking MCOLES certifications. We have had certified Police Officers come and take the Police Service Aide test. The Police Service Aide concept was espoused by Director Kunst and Chief Stevenson when they were here. It is a great idea, but not when you are trying to fill vacancies at a higher level. Hopefully we can get some employees and season them as Police Service Aides so they could progress into a Police Officer but right now, with the market, we are getting some very well qualified individuals. Just because they have been a Police Officer somewhere else does not mean they will be a good candidate here. In the last year we have hired 28 people as Police Service Aides, Police Officer or Police Dispatcher. With retirements we lost 14 people, so we put on 28 and took off 14. With people who did not pass probation or decided they didn't like the Police profession, we lost another seven. Out of the 28 of the new hires there is only a net gain of 7 individuals. Upon a motion by Mr. Meakin, seconded by Ms. Mahoney and unanimously adopted, it was 13-34 RESOLVED, that having reviewed the letter of March 7, 2013, from Curtis Caid, Police Chief, requesting to modify the promotional qualifications for Police Service Aide to Police Officer, the Civil Service Commission does hereby approve a one-year waiver of the six-month experience requirement to be reviewed on a case-by-case basis and at the recommendation of the Chief of Police, for Police Service Aide for promotion to Police Officer, until March 1, 2014. Mr. Biga stated there was one x -item, a memorandum of March 11, 2013, from Derrick L. Washington, Personnel Analyst II, to Robert F. Biga, Director of Human Resources, requesting to eliminate the interview portion of the Water Meter Repairer II examination. Mr. Biga explained that the Water Meter Repairer II exam had two parts to it. One part was a written test and one part was an oral interview. We had two people take the test and both of them passed the test. Under City Charter for an open -competitive examination we are supposed to certify the lop three names to the appointing authority. It seems kind of senseless to conduct an interview. He recommended we not give the interview and certify Page 1306" Regular Meeting March 13, 2013 these two names to the Department. The Department has the choice. They can lake either one of these individuals or they can reject the certification and request we re -advertise. It seems to be a waste of our time and money to have an interview if we have an acceptable candidate in the two who passed the written test. Ms. Mahoney asked if the interview the Civil Service Department is requesting to eliminate is an outside interview. According to this request, it is recommended the Department make the decision whether it will be one of the two candidates or none of them. The Department would get that opportunity in any event. Ms. Mahoney clarified that staff is suggesting the Department interview be the only interview. Mr. Biga stated the Commission would go to a 100% written test and create and eligible list. We would have two candidates on the eligible list and we are supposed to have a minimum of three for a valid certification. So if the Department doesn't like either of the two candidates, they will not be forced to select one from the list and our Department would not have to start the examination process over. Mr. Tatigian asked if Mr. Wilson intended on hiring one person or two people. Mr. Wilson advised they will be hiring one person. Both people will be certified and they will interview both candidates. Based on the interviews they will decide if they will hire or ask to begin the process over again. Upon a motion by Mr. Meakin, seconded by Ms. Mahoney and unanimously adopted, it was 13-35 RESOLVED, That having reviewed the memorandum of March 11, 2013, from Derrick L. Washington, Personnel Analyst II, to Robert F. Biga, Human Resources Director, requesting to eliminate the interview portion of the Water Meter Repairer II (956 o.c.) examination, and having discussion with Robert F. Biga, Human Resources Director, the Civil Service Commission does hereby approve a waiver of the interview portion of the Water Meter Repairer II (956 o.c.) examination; AND BE IT FURTHER RESOLVED, that the Department Head will not be required to appoint a person from the certification for this examination. Upon a motion by Mr. Meakin, seconded by Ms. Mahoney and unanimously adopted, it was RESOLVED, that the meeting be adjourned at 5:51 p.m. Gretchen Guisbert, Secretary III Harry C. Tatigian, Chairman Brian Meakin, Commissioner Charlotte Mahoney, Commissioner