HomeMy WebLinkAbout1322nd CSC Meeting (July 16, 2014)1322nd REGULAR MEETING OF THE
CIVIL SERVICE COMMISSION
The 1322nd Regular Meeting of the Civil Service Commission was held on Wednesday,
July 16, 2014. The meeting was called to order at 5:38 p.m.
Members Present: Ronald Reinke, Chairman
Charlotte S. Mahoney
Harry C. Tatigian
Also Present:
Dennis DeMeyer—AFSCME Union Local 192
Executive Board Member
Timothy Fairgrieve, Vice -President, AFSCME
Union Local 192
Jeffrey Niemeyer, Firefighter
James Pietraz, Fire Battalion Chief
Thomas Stadler, Sewer Maintenance Worker II
DuWayne Stratman, AFSCME Union Local
192 President
Andrew Toth, Sewer Maintenance Worker I
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 Ms. Mahoney, seconded by Mr. Tatigian and unanimously adopted, it was
14-86 RESOLVED, that the Minutes of the 1321' Regular Meeting held
Tuesday, June 10, 2014, be approved as submitted.
Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was
14-87 RESOLVED, That having reviewed the letter of June 20, 2014,
from Judith Priebe, requesting a leave of absence from the classified service, the
Civil Service Commission does hereby affirm the administrative approval of a
leave of absence from the classified service for the period June 14, 2014 through
June 13, 2015, 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.
Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney, and unanimously adopted, it was
14-88 RESOLVED, That having reviewed the memorandum of July 1,
2014, from Derrick L. Washington, Personnel Analyst 11, to Robert F. Biga,
Human Resources Director, regarding the passing point for the written test for
Account Clerk II (987 o.c.), the Civil Service Commission does hereby affirm the
administrative approval of the passing point of 70% out of a maximum total score
of 100 or a score of 70 on the written test for Account Clerk 11 (987 o.c.).
Paget 1322"d Regular Meeting July 16, 2014
Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney, and unanimously adopted, it was
14-89 RESOLVED, That the Civil Service Commission does hereby affirm
the administrative approval of the eligible list for Police Vehicle Maintenance
Coordinator (984 o.c.).
Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney, and unanimously adopted, it was
14-90 RESOLVED, That the Civil Service Commission does hereby affirm
the administrative approval of the eligible list for Building Mechanic IV —
Electrician (986 o.c.).
The Commission received and fled the following:
a. Status of Temporary Employees Report for June 2014.
b. Non -Resident Report as of July 1, 2014.
C. Current Open -Competitive and Promotional Eligible Lists as of July 1,
2014.
d. Affirmative Action Report for June 2014.
e. Removal of names from active eligible list report for the month of June
2014:
M. Collin, Custodian (967 o.c.), removed 4/1/14
f. Council Resolutions from the meeting of June 2, 2014 with Minutes to be
approved June 16, 2014:
#160-14, confirming the reappointment of Scott Bahr, to the City Planning
Commission for a tens of three years, which will expire on June 9, 2017.
#161-14, confirming the reappointment of R. Lee Morrow, to the City
Planning Commission for a term of three years, which will expire on June
9,2017.
#162-14, confirming the reappointment of Gerald Taylor, to the Economic
Development Corporation of the City of Livonia Board of Directors for a
six-year lens expiring June 7, 2020, the Council does hereby confirm and
approve such reappointment.
#165-14, concurring with Civil Service Commission Resolution #1449
approving salary and benefit adjustments for the classification of Police
Command for the period December 1, 2013 through November 30, 2017.
Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney, and unanimously adopted, it was
14-91 RESOLVED, That having reviewed the expiring eligible lists for
August 2014 — Building Inspector (968 o.c.), Computer Administrator II (965
o.c.), and Water Meter Repairer 1 (1347 p.), the Civil Service Commission does
hereby affirm the administrative approval to extend the Computer Administrator 11
(965 o.c.) eligible list for six (6) months to January 16, 2015 and to extend the
Water Meter Repairer 1 (1347 p.) eligible list for six (6) months to January 16,
2015.
Page 1322"d Regular Meeting July 16, 2014
Mr. Biga stated there is a request from the City Attorney for an open -competitive examination
for Legal -Stenographer I, and proposed qualifications and parts of examination and weights.
Mr. Taligian noticed the shorthand requirement for this position was eliminated. He asked if
there was something substituted for that skill. Mr. Biga and Mr. Washington stated schools
don't teach shorthand any longer and the employee would use audio recordings or Dictaphone
instead. Ms. Mahoney noticed there is an addition of a qualification to require one (1) year of
experience of e -flings, because of the changes in technology for this position.
Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was
14-92 RESOLVED, That having reviewed the letter of June 30, 2014, from
Donald Knapp, City Attorney, requesting an open -competitive examination for
Legal -Stenographer I, 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; and
2. Have a high school diploma or a valid equivalency certificate; and
3. Have a minimum of two years full-time paid legal secretarial experience
within the five years preceding the closing date for fling applications; OR
have five years of secretarial experience within the last ten years; OR
have an Associate Degree in Legal Secretarial Science or a certificate
indicating that the applicant has completed at least two years of Legal
Secretarial training beyond the high school level.
4. Have one (1) year full-time paid experience of a -file pleadings with State,
Federal and Appellate Courts and Tribunals.
PARTS OF EXAMINATION AND WEIGHTS
Interview— 100%`
Performance Test— Pass/Fail
Required Minimum Typing Speed — 50 WPM
`A minimum of fifteen (15) applicants with the highest passing score for the typing
performance test will be invited to the interview portion of the examination.
Mr. Biga stated Lyle Trudell, Superintendent of Parks and Recreation, has requested
increases in wages for Parks and Recreation classifications affected by the increase in the
minimum wage law. Mr. Biga stated this is something the Commission needs to take action on
Page 1322"d Regular Meeting July 16, 2014
and there are a few other temporary classifications affected as well and those classifications
were attached to the request.
Mr. Biga stated there are several increases in the minimum wage up through January 2018 but
this request is the only one the Commission needed to review now.
Ms. Mahoney asked if each time the law changes to increase the minimum wage a request will
need to be brought forth. Mr. Biga answered yes. This specific request is to address an
immediate need and it has to be completed by September 1, 2014.
Mr. Biga stated there are four non -Parks and Recreation classifications affected. The first
thought was to raise the wage for the high school coop up to the same pay rale as a college
co-op. That didn't make any sense. We don't have any employees in these classifications
and since we don't, the recommendation is to keep the $1.00 per hour differential between the
high school co-op and college co-op. Also, we need to increase the rate for Police Matron.
Further, Student Page will now have the same pay rate as the high school co-op. Mr. Biga
stated there are three more wage adjustments scheduled for January 1, 2016, January 1,
2017 and January 1, 2018. These adjustments will affect the same classifications and we will
need to address rates of other classifications to maintain appropriate differentials. Also, there
may be a need to evaluate whether certain classifications could be eliminated or consolidated.
Departmental organizational structures could change also.
Mr. Reinke asked if these employees were limited to a certain number of hours per week and
Mr. Biga stated yes, they would be limited to under 30 hours per week.
Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian, and unanimously adopted, it was
14-93 RESOLVED, That having reviewed the memorandum of July 10,
2014, from Lyle Tmdell, Superintendent of Parks and Recreation, and the
memoranda of July 10, 2014 and July 16, 2014, from Robert Martin, Personnel
Analyst I, requesting an increase in wages for Parks and Recreation
classifications and other Temporary classifications affected by the increase in the
State of Michigan Minimum Wage law, the Civil Service Commission does
hereby approve an increase in wage rates for Parks and Recreation temporary
classifications for Levels 1 through 5, as well as an increase in wage rates for the
Temporary classifications of College Co-op, High School Co-op, Police Matron,
Seasonal Clerk, Seasonal Laborer I, Seasonal Laborer II, and Student Page as
indicated in the memoranda from Mr. Martin, and submits same to City Council
for their review and consideration.
Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney, and unanimously adopted, it was
14-94 RESOLVED, That having reviewed the Departmental
Correspondence of July 7, 2014, from Shadd Whitehead, Fire Chief, requesting
a salary step increase for Jeff Niemeyer, Firefighter, and having received
documentation of additional prior related work experience for Mr. Niemeyer, the
Civil Service Commission does hereby approve an additional step increase for
Jeff Niemeyer, Firefighter, to step 3, to be effective August 5, 2014.
Page 1322"d Regular Meeting July 16, 2614
Mr. Biga stated the request for adjustments in salary and benefits for non -represented City of
Livonia employees is based on pay changes that had been discussed with the Local 192
bargaining unit. Mr. Biga recommended rate adjustments and changes in compensation
practices for the non -represented employees have been reviewed with the Mayor and the
Mayor is in agreement.
Mr. Tatigian was prepared to offer a resolution. The Chair recognized a request from
DuWayne Stratman, President, AFSCME Union Local 192, to have discussion regarding the
matter.
Mr. Stratman, stated it was his impression in the past that changes in salary and benefits for
non -represented employees have not been approved until the City has agreements with Local
192. At this time Local 192 is still in negotiations and he would like to follow the past practice
and not approve these changes until the Union has completed negotiations. Mr. Stratman
stated the Union has not agreed to these changes in wages and benefits.
Ms. Mahoney asked if the Commission could take action whether or not AFSCME Union
Local 192 approved or disapproved their contract. Mr. Biga stated yes, that was correct.
Mr. Biga explained that the Commission has approved changes to benefits for non -
represented employees before they have been extended to 192 members and other unions.
Ms. Mahoney stated that the Commission might need to revisit this matter if the Union
receives a contract with different terms than those under consideration in this
recommendation.
Mr. Tatigian didn't see any reason to delay for the non -represented employees, until
negotiations with Local 192 were completed.
Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney, and unanimously adopted, it was
14-95 RESOLVED, That having reviewed the memorandum of July 11,
2014, from Robert F. Biga, Human Resources Director, requesting approval of
the adjustments in salary and benefits for non -represented City of Livonia
employees, the Civil Service Commission does hereby approve the adjustments
in salary and benefits for non -represented City of Livonia employees as indicated
in the memorandum from Mr. Biga, for the period December 1, 2013, December
1, 2014, and December 1, 2015, to be submitted to City Council for their review
and approval.
Andrew Toth, Sewer Maintenance Worker I, was present to discuss AFSCME Union Local
192 Grievance #14-03, dated March 27, 2014, from himself and Robert Burkholder, Sewer
Maintenance Worker II, regarding snow plowing. Mr. Toth stated Robert Burkholder was
unable to be present. Tim Fairgrieve, Vice -President, AFSCME Union Local 192 was present
on behalf of the Union.
Mr. Toth stated the grievance was fled based on Mr. Burkholder and he were both told to
plow snow which he alleged was outside of their job description. Mr. Toth staled
Page 1322n° Regular Meeting July 16, 2014
Mr. Burkholder is a Sewer Maintenance Worker II and Mr. Toth is a Sewer Maintenance
Worker I, in the Water and Sewer Department. Mr. Toth stated the plowing is done by the
Equipment Operator It's and Equipment Operator III's in the Roads Department. Mr. Toth
stated this situation was a non -emergency. It was a few days after a large snowfall and
Management was just using extra people. For this reason they fled the grievance. They
didn't feel they should be doing other people's jobs, especially in a non -emergency situation,
and they would like the practice to be stopped.
Mr. Fairgrieve stated the Union felt that Mr. Toth and Mr. Burkholder were hired in a certain
job description and had limited experience and training on snow plowing and they would like
this practice to be stopped.
Mr. Tatigian asked if they did the job they were asked to do. Mr. Toth stated yes, he was told
if he were to say no, that would be an active refusal which would put him in trouble. Mr. Toth
explained he was advised to do the job and then file a grievance afterwards.
Brian Wilson, Superintendent of Public Service, stated that Charles Locke, the late former
Union president and Water Operations Mechanic, brought several grievances to the
Commission before and one task that Mr. Locke hated to do was snow plow and as inventive
as Mr. Locke was with the grievances, he never brought forth a grievance as a Water
Department employee being assigned to snow related work. Mr. Wilson further explained that
Mr. Locke recognized the right of Management to assign work. The practice goes back
decades with all kinds of classifications being assigned this type of work either voluntarily or
involuntarily. Mr. Wilson stated this past winter had unprecedented snowfall and the
employees in DPW performed beyond exceptional. Mr. Wilson stated they committed every
resource for snow removal, utilizing clerical personnel, Animal Control Officers, Custodians,
Building Mechanics and Engineering division employees. Mr. Wilson stated Management
prioritized the workload. That was snow and ice control on the City streets and sidewalks and
maintaining water service with the onslaught of water main breaks.
Mr. Wilson explained that in the grievance response the Management Rights article of the
contract covers work assignments in detail. Management cannot give up these rights. The
organization could not function with employees determining what tasks they will perform or
not perform, especially in emergencies. Mr. Wilson stated there were repeated emergency
situations this past winter. Snow emergencies were not called off until the snow and ice
removal work was entirely completed. Mr. Wilson reiterated this has been the practice for
decades and is covered by contract under Management Rights.
Mr. Tatigian noted that on the Grievance Forth the aggrieved employee(s) are supposed to
indicate what provisions of the contract or section of the Civil Service Commission Rules and
Regulations or Departmental Rules were violated. The employees failed to specify that.
Management, through Mr. Wilson, has specified those provisions in the contract which affords
them Management Rights. He explained to Mr. Toth and Mr. Fairgrieve that they as
Commissioners cannot grant a grievance unless there is a provision of the contract that has
been violated. Management has ample provisions that support their position but he doesn't
see any indication of a provision that supports Mr. Toth and Mr. Burkholder's position.
Mr. Toth stated he had a posting for Sewer Maintenance Worker II from 1996, which was
about the time Mr. Burkholder took the position. It lists the Description of Work. Mr. Tatigian
Pagel 1322n° Regular Meeting July 16, 2614
slated he understood the Description of Work, but Management has a right, under the
provisions of the contract, to do precisely what they did. Mr. Tatigian also stated the tax
payers have a right to the service that was performed.
Ms. Mahoney stated this grievance was not about lost dollars or that someone else was
saying they lost money because they could have been available to plow but Management
used personnel out of classification to plow. The fact of the matter is, in Mr. Toth's and the
Union's interpretation, the emergency was over. Perhaps the weather channel announced it
was over, but she heard Mr. Wilson explain that the snow emergency, as declared by the
City, was not over.
Mr. Wilson clarified that the Department does not lift a snow emergency until the plowing is
completed and they contact the Officer -In -Charge at the Livonia Police Department and
advise him that the emergency has been lifted. Ms. Mahoney stated she didn't understand
what Mr. Toth was referring to when he said there was no longer a snow emergency. Mr.
Toth explained in the past he has plowed snow. Further, he stated the local City Cable
Channel 8 said we were under a snow emergency. That is what he took to mean a snow
emergency. This situation was different. He was sent out in a truck, and given a map of the
City with stars indicating previous problem areas. He was to check those and he did that.
There was no snow in any of those locations. The areas had already been cleaned and the
Police had already stopped ticketing. That is why, to him, this situation was different, and no
longer an emergency.
Ms. Mahoney stated that was Mr. Toth's interpretation. Ms. Mahoney further stated this is a
36 -square mile City and even though the City had the areas done where Mr. Toth was sent,
Ms. Mahoney guessed there were other subdivisions that had not yet been cleared. Ms.
Mahoney agreed with Mr. Tatigian in that she did not see any part of the contract that was
violated. She appreciated what Mr. Toth and Mr. Burkholder did to help complete the work
assigned but she didn't believe there was any violation of the contract.
Mr. Biga stated that the Snow Emergency Ordinance refers to whether or not you can park
your vehicle on the road until it's been cleared. Once the road is cleared then you can park
your vehicle on the road. That is something different. That is what Channel 8 advises Livonia
citizens. The Union contract talks about an emergency. There is a definition in the contract
as what an emergency is. The City makes assignments during emergency circumstances.
Under that definition, this was an emergency situation. The Department is within its rights to
do what it did. While the term emergency is used in a variety of ways, one has to take into
consideration the specifics. This circumstance falls under that term of emergency. Even
though the snow emergency had been lifted via Channel 8, there was still an emergency
situation within the City.
Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian, and unanimously adopted, it was
14-96 That having reviewed AFSCME Union Local 192 Grievance #14-
03, dated March 27, 2014, from Robert Burkholder, Sewer Maintenance Worker
II, and Andrew Toth, Sewer Maintenance Worker I, regarding snow plowing, and
having discussion with Timothy Fairgrieve, Vice -President, AFSCME Union Local
192; Andrew Toth, Sewer Maintenance Worker I; Brian Wilson, Superintendent
Page 1322n° Regular Meeting July 16, 2014
of Public Service; and Robert F. Biga, Human Resources Director, the Civil
Service Commission does hereby deny the grievance.
The Commission received for file the letter of July 15, 2014, from Ken Widmer, Chief Roads
Steward, AFSCME Union Local 192, advising that Local 192 is submitting AFSCME
Grievance #14-04 from Roger Ponder, to AFSCME Council 25 for arbitration.
Mr. Biga stated for the information of the Commission, Council 25 has a committee review this
matter and determine whether or not the Grievance has merit and if they will take it to
arbitration. They will advise the City accordingly.
Ms. Mahoney asked if this would come back to the Commission and Mr. Biga stated no. By
contract, employees have to make an election of remedies when there is a disciplinary action.
The election of remedies says you either go to the Commission or arbitration but you can't
appeal to the other if you are unsatisfied with the results.
Mr. Biga requested that Mr. Stralman send the Civil Service Department a copy of the letter of
the newly elected AFSMCE Union Local 192 officers.
Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was
RESOLVED, that the meeting be adjourned at 6:13 p.m.
Gretchen Guisbert, Secretary III
Ronald Reinke, Chairman
Charlotte Mahoney, Commissioner
Harry C. Tatigian, Commissioner