HomeMy WebLinkAbout1197th CSC MEETING a1197th REGULAR MEETING OF THE
CIVIL SERVICE COMMISSION
The 1197th Regular Meeting of the Civil Service Commission was held on Thursday, February
19, 2004. The meeting was called to order at 5:30 P.M.
Members Present: Ronald E. Campau, Chairperson
Charlotte S. Mahoney
Harry C. Tatigian
Also Present:
Alan W. Brandemihl, Jr., Fire Chief
Edward Butler, Equipment Operator II
Brad Christy, Fire Engineer
Linda Grimsby, City Treasurer
Daniel Lee, Fire Engineer
Brian Mills, Mills & Motley, LLC
James Montgomery, Fire Engineer
John Orzech, Vice -President, LFFU
Robert J. Schron, City Engineer
Elizabeth Slone, Tax Account Clerk
Cathryn K. White, Assistant City Attorney
Mary E. Rutan, Human Resources Director
Derrick L. Washington, Personnel Analyst II
Gretchen Guisberl, Secretary III
Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian and unanimously adopted, it was
RESOLVED, That the minutes of the 1196th Regular Meeting held Thursday,
January 15, 2004, be approved as submitted.
Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian and unanimously adopted, it was
RESOLVED, That having reviewed the information received from Brian Mills,
Mills & Motley, L.L.C., and memorandum of February 10, 2004, from Derrick L.
Washington, Personnel Analyst II, regarding same, the Civil Service Commission
does hereby approve the new HMO Medical Insurance rates for Health Alliance
Plan (HAP) and Blue Care Network (BCN), to be effective March 1, 2004 through
February 28, 2005.
Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was
RESOLVED, That having reviewed the information received from Brian Mills,
Mills & Motley, L.L.C. on February 17, 2004, and memorandum of February 19,
2004, from Derrick L. Washington, Personnel Analyst II regarding same, the Civil
Service Commission does hereby approve the initial Blue Choice Point of Service
(POS) and the new Blue Cross/Blue Shield PPO and Traditional rate increases
effective March 1, 2004 through February 28, 2005.
Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was
RESOLVED, That having reviewed the correspondence of January 20, 2004,
from Linda Grimsby, City Treasurer, requesting a leave of absence from the
classified service, the Civil Service Commission does hereby approve a leave of
absence from the classified service for Ms. Grimsby for one (1) year pursuant to
Paget 1197th Regular Meeting February 19, 2004
Civil Service Commission RULE 16 Section 16.5 Appointment of an Employee
in the Classified Service to a Position in the Unclassified Service.
Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian and unanimously adopted, it was
RESOLVED, That having reviewed the letter of Febmary 9, 2004, from Robert J.
Schron, City Engineer, requesting a promotional examination for Engineering
Assistant I, and proposed qualifications and parts and weights of examination,
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 dale of this announcement have:
At least two (2) years full-time paid work experience in the Department of
Public Works, in the surveying, inspection or construction of municipal
engineering or a related public improvement project such as pavement,
sidewalks, sewers, and water main; or
An Associates Degree in Civil Engineering or Construction Engineering; or
A Bachelors Degree in Civil Engineering or Construction Engineering.
PARTS OF EXAMINATION AND WEIGHTS
Written Test - 80% Departmental Rating - 20%*
Candidates must pass the Written Test in order to be placed on the eligible list.
Pursuant to AFSCME Local 192, PROMOTIONS 20.b., in competitive
examinations, which include Departmental Ratings, the Departmental Rating
from 0 to 100 will count 20% of the examination, but a score under 70 will not
disqualify the candidate from continuing the process.
'In the event there is only one (1) qualified applicant for the position, the Parts of
Examination and Weights will be 100% Departmental Rating.
Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was
RESOLVED, That having reviewed the letter of January 19, 2004, from Elizabeth
Stone, Tax Account Clerk, as approved for submission by Linda Grimsby, City
Treasurer, requesting repayment for alleged stolen prescription eyeglasses, the
Civil Service Commission does hereby deny Ms. Stone's request for
reimbursement for missing prescription eyeglasses based on the fact that there is
no contractual provision to replace stolen or missing eyewear.
Page 3 1197th Regular Meeting February 19, 2894
The Commission received and fled the Status of Temporary Employees Report for January
2004.
Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was
RESOLVED, That having reviewed the correspondence of December 30, 2003,
from Matthew T. Ream, Assistant Driver, as approved for submission by Alan W.
Brandemihl, Jr., Fire Chief, requesting to carry over vacation days, and upon
further discussion with Mary E. Rutan, Human Resources Director, the Civil
Service Commission hereby approves to reconsider Mr. Ream's request to carry
over excess vacation hours into 2004
Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian and unanimously adopted, it was
RESOLVED, That having reviewed the correspondence of December 30, 2003,
from Matthew T. Ream, Assistant Driver, as approved for submission by Alan W.
Brandemihl, Jr., Fire Chief, requesting to carry over vacation days, the Civil
Service Commission does hereby deny Mr. Ream's request to carry over .75 day
or eighteen (18) hours based on the fad that the Commission approved two prior
requests, one in 2002 and another in 2003, the last one due to an on-the-job
injury, which stipulates no future request would be considered to carry over
excess vacation into 2004.
The Commission received and fled the Non -Resident Report as of February 1, 2004.
Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was
RESOLVED, That having reviewed the correspondence of January 12, 2004,
copied to the Human Resources Director, regarding the 16'b District Court
offering a one-time window for all current full-time employees to voluntarily
transfer from the City of Livonia Employees Retirement System (LERS) Defined
Contribution Plan to the Michigan Employees Retirement System (MERS)
Defined Benefit (DB) Plan, and with all new full-time hires atter March 1, 2004
becoming members of MERS, the Civil Service Commission does hereby
recommend the retention of the fine Van Overbeke, Timmony and Michaud, to
provide a formal report and recommendation to be forwarded to City Council for
their review and consideration;
AND BE IT FURTHER RESOLVED, That all costs incurred to obtain this report
be charged back to the 16th District Court since they initiated the request to
voluntarily transfer between systems and requested the City to facilitate the
process.
Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian and unanimously adopted, it was
RESOLVED, That having reviewed the letter of January 28, 2004, from Edward
Butler, Equipment Operator II, as approved for submission by Robert J. Beckley,
Page 4 1197th Regular Meeting February 19, 2004
Director of Public Works, requesting an extension of the three-year retirement
limit for excess vacation accrual, the Civil Service Commission does hereby
approve this request with the understanding that Mr. Butler be required to not
exceed thirty-four (34) eight (8) hour accrued vacation days as of December 31,
2004, 2005 and 2006, which will then permit the maximum accrual of fifty-seven
(57) eight (8) hour vacation leave days for payout purposes in anticipation of his
retirement dale on or before January 28, 2007.
RESOLVED, That having reviewed the Departmental Correspondence of
January 18, 2004, from Dennis H. LaForest, Fire Lieutenant, as approved for
submission by Alan W. Brandemihl, Jr., Fire Chief, requesting an extension of the
three-year retirement limit for excess vacation accrual, the Civil Service
Commission does hereby approve this request with the understanding that Mr.
LaForest be required to not exceed fifteen (15) twenty-four (24) hour accrued
vacation days as of December 31, 2004, 2005 and 2006, which will then permit
the maximum accrual of twenty-eight (28) twenty-four (24) hour vacation leave
days for payout purposes in anticipation of his retirement date on or before
January 21, 2007.
Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was
RESOLVED, That having reviewed the correspondence dated January 15, 2004,
from Cathryn Huch, Librarian 11, as approved for submission by Acting City
Librarian Kathleen Monroe, requesting to carry over excess vacation hours, the
Civil Service Commission does hereby approve Ms. Huch's request to carry over
one point eight one (1.81) days or fourteen point five (14.50) excess vacation
hours into 2004 with the understanding that these hours will be used in 2004;
AND BE IT FURTHER RESOLVED, That no future request will be considered to
carry over excess vacation into 2005.
Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was
RESOLVED, That having reviewed the letter of February 17, 2004, from Mayor
Jack Engebrelson, which transmitted the letter of February 10, 2004, from
George Roumell, Attorney, Riley, Roumell & Connolly, recommending salary and
fringe benefit adjustments for the classification of Police Chief, the Civil Service
Commission does hereby approve the recommended salary and fringe benefit
adjustments for the period December 1, 2003 through November 30, 2006, to be
submitted to City Council for their review and consideration.
Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian and unanimously adopted, it was
RESOLVED, That having reviewed the expiring eligible lists for March 2004 -
Account Clerk 1 (835 o.c.), Engineering Assistant 1 (848 o.c.), Police Officer II (839
o.c.), Building Mechanic 1 (1167 p.) and Equipment Operator 111 (1153 p.), the Civil
Service Commission does hereby approve to extend the eligible lists for Police
Page 5 1197th Regular Meeting February 19, 2004
Officer II (839 o.c.), Building Mechanic 1 (1167 p.) and Equipment Operator III
(1138 p.) for an additional six (6) months.
The Commission received and filed the following items:
Council Resolution from the meeting of January 14, 2004, with minutes being
approved January 28, 2004:
CR# 18-04 Designating Don Knapp to serve on the Board of Trustees of the
Livonia Employees Retirement System on a continuing basis, or until further
order of this Council by Council resolution.
Council Resolutions from the meeting of January 28, 2004, with minutes being
approved February 9, 2004:
CR# 30-04 Reappointing Mr. Mark R. Thomas, 33714 Norfolk, Livonia, Michigan
48152, to the Board of Review for a term of three years commencing February
17, 2004, and expiring on February 16, 2007.
CR# 31-04 Reappointing Margaret Gray, 9840 Berwick, Livonia, Michigan
48150, as the Republican member of the Board of Canvassers of the City of
Livonia for a term expiring December 31, 2007; further, in the event of illness or
absence of this member, the City Clerk is hereby authorized to appoint a
temporary member to serve on the Board of Canvassers in accordance with the
provisions of Section 30g of 1963 PA 65 (MCLA 168.30g) as amended.
CR#32-04 Reappointing Eric Stempien, 14443 Ronnie Lane, Livonia, Michigan
48154, as the Democratic member of the Board of Canvassers of the City of
Livonia for a term expiring December 31, 2007; further, in the event of illness or
absence of this member, the City Clerk is hereby authorized to appoint a
temporary member to serve on the Board of Canvassers in accordance with the
provisions of Section 30g of 1963 PA 65 (MCLA 168.30g), as amended.
CR# 38-04 Appointing James C. McCann to the Office of Councilmember of the
Livonia City Council to fill the unexpired term of Jack Engebretson which tens
expires December 31, 2005.
Council Resolutions from the meeting of February 9, 2004 with minutes to be
approved February 25, 2004:
CR# 50-04 Appointing R. Lee Morrow, 37776 North Laurel Park Drive, Livonia,
Michigan 48152, to the Board of Review to fill the unexpired term of Barbara
Komarynski, for a term expiring February 16, 2005, provided that Mr. Morrow
takes the Oath of Office as required in Chapter X, Section 2 of the City Charter,
to be administered by the City Clerk.
Page 6 1197th Regular Meeting February 19, 2004
CR# 54-04 Approving the recommended hourly rate increase from $7.25 to
$10.00 for the Temporary Classification of Police Reserve Officer.
CR# 53-04 Referring the 16th District Court's participation in the Michigan
Employee Retirement System (MERS) Defined Benefit Pension Plan and
voluntary transfer of current full-time employees' account balances from the City
of Livonia Defined Contribution Plan for those who wish to participate in the
MERS Defined Benefit Pension Plan, to the Committee of the Whole for its report
and recommendation.
Letter received February 3, 2004, from Brian Dewan, Secretary, Livonia Police
Officers Association, transmitting names of elected union officers and
congratulatory letters from Mary E. Rutan, Human Resources Director.
Affirmative Action Report for January 2004
Brad Christy, Fire Engineer, commenced discussion regarding Livonia Fire Fighters Union
(LFFU) Grievance #749-2003, concerning education benefit in the amount of $750 for a
Bachelor's Degree. Mr. Christy explained that under the LFFU contract, Article 44, Paragraphs
A and C, LFFU members are eligible for a bonus for an earned Bachelor's degree. Mr. Christy
continued that he has a Bachelors degree from Michigan State University. Cathy White, Chief
Assistant City Attorney, responded that the City denied his request for an additional
educational cash benefit. Ms. White continued that Clause C was new language and that the
City does not pay for more than one Bachelors degree. Mr. Christy felt that with the new
language members of LFFU would be paid for both a Fire Science/EMS and for an additional
BA/BS degree. Mr. Christy stated he earned his original Bachelor's degree in
Telecommunication in 1979, before his employment with the City of Livonia.
Mr. Tatigian inquired if Mr. Christy wanted the Fire department to pay for this degree. Mr.
Christy replied that he wasn't sure if the City's intent was to pay for this. Mr. Christy believed
that the City benefited from his Telecommunications degree by his grant writing expertise. Mr.
Campau stated that the language in Clause C was not to offer additional compensation for
multiple degrees, rather to open up the opportunity for employees to permit compensation for
other majors besides Fire Science/EMS. Mr. Tatigian stated that the since the contract was
enacted, the language wouldn't go back to pay an employee for degrees earned twenty-five
years ago and the new contract language was established for Firefighters who get their degree
now. Ms. Mahoney stated that if the intent had been to pay for more than one degree, the
contract language would state it would pay for any earned degrees (plural). John Orzech,
Vice -President, LFFU, commented that it doesn't matter when the degree was achieved. Mr.
Christy stated he was not requesting retroactive reimbursement. Mr. Campau inquired, prior to
2002, what the reason was to put new contract language in. Mr. Orzech replied that if Police
get paid for degrees with majors in other than Criminal Justice, the Firefighters should also.
Mr. Campau stated the language was to provide for other majors, not to provide multiple
payments paid for majors beyond Fire Science/EMT. Mr. Christy stated he didn't see
language that precludes him from getting more than one educational bonus.
Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian and unanimously adopted, it was
Page 7 1197th Regular Meeting February 19, 2004
RESOLVED, That having reviewed the Livonia Fire Fighters Union (LFFU)
Grievance #749-2003, dated November 18, 2003, from Brad Christy, Fire
Engineer, regarding educational benefit, and having had discussion with Cathy
White, Chief Assistant City Attorney; Alan W. Brandemihl, Jr., Fire Chief, and
John Orzech, Vice -President, LFFU; the Civil Service Commission does hereby
deny Mr. Christy's request for more than one educational benefit payment based
on the fad that there is no contract language authorizing a separate educational
bonus for each degree earned.
John Orzech, Vice -President, LFFU commenced discussion concerning Livonia Fire Fighters
Union (LFFU) Grievance #747-032, dated July 30, 2003, from Daniel Lee, Fire Engineer,
regarding call-in overtime. Mr. Orzech stated that the overtime call-in problem is recurring and
more overtime grievances are pending. Ms. Mahoney clarified that the "call-in procedure" was
the issue. Mr. Orzech confirmed that there are problems with the call-in procedure. He further
stated the issue had been previously negotiated, grieved and arbitrated. Mr. Orzech stated
that in this case the call-in procedure was done improperly and Mr. Lee should have received
24 hours of call-in pay.
Chief Brandemihl stated in Grievance #747-032 there were several different call -ins. Mr. Lee
argued that he missed 24 hours of call-in OT. Chief Brandemihl contended that according to
the schedule and time card, Mr. Lee had received 24 hours call-in OT because he worked that
day; therefore, he sustained no loss of pay or benefit. Mr. Campau inquired if Mr. Lee was
missed based upon the classification to be filled. Chief Brandemihl responded "No." Chief
Brandemihl stated some people feel others may be getting preference, but by contract, they
are following the required procedure to call the off-duty Kelly personnel. He further stated
people were called but they couldn't get an adequate number of respondants and Appendix B
of the contract allows them to go to the off -going shift for individuals to be called in.
Mr. Tatigian stated, in reading Captain Arnold's statement, seniority and accumulated overtime
hours should be considered. Mr. Tatigian inquired if Mr. Lee was paid in both cases. Chief
Brandemihl responded that he was only paid in the case of this particular instance. Mr. Orzech
stated it was less than Mr. Lee thought he deserved. Mr. Tatigian clarified that Mr. Lee
received the entire 24 hours in overtime. Chief Brandemihl stated that Mr. Lee claims he was
called out of order, but no documentation had been presented to substantiate that. Mr. Orzech
stated the Union requests the call -ins be done a specific way. Chief Brandemihl responded
that they overlooked what was done and have alleged favoritism. Chief Brandemihl suggested
bringing an executive board member in to make the call -ins, but all that would do is further
exacerbate the problem. Mr. Orzech reiterated that the union was asking for the procedure to
be done properly. Mr. Orzech also stated that the Battalion Chiefs responsible for call -ins are
under the Chiefs direction and they ignored the contract language.
Ms. Mahoney clarified the Union's position is that the contract language is not being followed
and the Union's request isn't to change the language of the contract, but to follow the contract.
Ms. Mahoney clarified that Mr. Lee would have received no more money if he had been called
first, second or third. He worked that day and he was paid for it. Ms. Mahoney added that she
personally could not pay anyone for work they didn't do, even if they should have been called
in. Mr. Tatigian requested to hear from Mr. Lee. Mr. Lee stated when Senior Captain Theisen
was called in, Senior Captain arrived prior to 8:00, so his overtime hours started at 8:00. Mr.
Page 8 1197th Regular Meeting Febnuary 19, 2004
Lee stated he came in after 9:00 because he was called later. Ms. Mahoney confirmed that he
was paid for the hours that he worked. Mr. Lee replied that he was paid, but he added that he
should have been the first person called, and he should have been in at 8:00 a.m., which
meant he was short an hour and a half of pay.
Mr. Campau stated he didn't have a problem paying for work not done if it was a result of a
contract violation. Mr. Campau stated that Ms. Mahoney was not speaking for the whole
Commission. Ms. Mahoney confined she was speaking for herself.
Chief Brandemihl restated he had no reason to believe the procedure wasn't being followed
according to contract and so far, no one had been able to prove otherwise.
Mr. Campau inquired why Captain Theisen was called in before Mr. Lee. Mr. Lee stated he
would have to defer to Battalion Chief Carlton to respond. Mr. Lee explained that the open
position was a Driver/Engineer, not a Fire Officer's position. Mr. Lee also stated he was called
in second, possibly third, because three people were called in, with Sr. Captain being the first.
Mr. Campau wanted to know how Mr. Lee knew Sr. Captain was the first person called and Mr.
Lee responded that the Sr. Captain was the first one to show up. He was informed that the
two people had been called in and his call was after 9:00 a.m.
Chief Brandemihl believed the phone call was made to those on the Kelly list prior to 8:00 a.m.,
not after 9:00 a.m. Ms. Mahoney inquired if a call-in log was maintained. Chief Brandemihl
replied that since these conflicts began, most shift commanders tried to keep a log. Mr.
Tatigian clarified that it cost the City more money to call in a Captain.
Chief Brandemihl summarized that if employees respond "no" to a call-in request, then the
hours are banked against them for the next call-in, so there is a penalty for saying no. Ms.
Mahoney clarified that there is no penalty for not answering the phone. Mr. Lee stated he had
a copy of the desktop calendar and there were four people noted, one of whom was already
working, but there was no note next to his name. All the people listed on the Kelly for that day
had been called and two had already agreed to work. Mr. Orzech repeated that there are two
more grievances pending regarding 24 hours of overtime. Mr. Tatigian explained that each
case would be decided on it's own merit.
Ms. Mahoney asked if there was a more advanced computerized system to track call -ins. Mr.
Orzech replied that the system, "Telestaff," doesn't work.
The Chairperson stepped down to second the following motion:
Upon a motion by Mr. Tatigian, seconded by Mr. Campau and adopted, it was
RESOLVED, That having reviewed the Livonia Fire Fighters Union (LFFU)
Grievance #747-032, dated July 30, 2003, from Daniel Lee, Fire Engineer,
regarding call-in overtime, and having had discussion with Fire Chief Alan W.
Brandemihl; John Orzech, Vice -President, LFFU; and Dan Lee, Fire Engineer,
the Civil Service Commission does hereby grant one and one-half (1 % ) hour of
overtime pay for Mr. Lee, pursuant to Appendix B of the Livonia Fire Fighters
Union Agreement dated December 1, 2002 to November 30, 2005.
Page 9 1197th Regular Meeting February 19, 2004
AYE: Campau and Tatigian NAY: Mahoney
Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was
RESOLVED, That having reviewed the Livonia Fire Fighters Union (LFFU)
Grievance #747-033, dated August 29, 2003, from Daniel Lee, Fire Engineer,
regarding call-in overtime, the Civil Service Commission does hereby approve
the hearing of this grievance be postponed, at the request of Management, until
the next regular meeting on March 11, 2003, as requested by Management and
agreed to by the union.
Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was
RESOLVED, That the meeting be adjourned at 6:35 p.m.
Gretchen Guisberl, Secretary III
Ronald E. Cam tau, Chairperson
Charlotte S. Mahoney, Commissioner
Harry C. Tatigian, Commissioner