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HomeMy WebLinkAbout1200th CSC MEETING1200th REGULAR MEETING OF THE CIVIL SERVICE COMMISSION The 1200th Regular Meeting of the Civil Service Commission was held on Thursday, May 20, 2004. The meeting was called to order at 5:30 p.m. Members Present: Charlotte S. Mahoney, Chairperson Harry C. Tatigian Ronald E. Campau Also Present: Alan W. Brandemihl, Jr., Fire Chief Debra Finkbeiner, Clerk -Typist II Arica Flores, Construction Worker I Jeffrey Golm, Chief Roads Steward, AFSCME Union Local 192 Edwin Hoffman, Construction Worker I Karen Kapchonick, Assistant Superintendent of Parks and Recreation Yvonne Lillibridge, President, AFSCME Union Local 192 Robert Stevenson, Police Chief Mary E. Rulan, Human Resources Director Derrick L. Washington, Personnel Analyst II Gretchen Guisbert, Secretary III Upon a motion by Mr. Campau, seconded by Mr. Tatigian and unanimously adopted, it was RESOLVED, that the minutes of the 1199'^ Regular Meeting held Wednesday, April 7, 2004, be approved as submitted. RESOLVED, That the minutes of the 85^ Special Meeting held Wednesday, April 28, 2004, be approved as submitted. The Commission received and fled the Status of Temporary Employees Report for April 2004. Upon a motion by Mr. Campau, seconded by Mr. Tatigian and unanimously adopted, it was RESOLVED, That having reviewed AFSCME Union Local 192 Grievance #03-11, dated November 18, 2003, regarding call-in overtime, Yvonne Lillibridge, President, AFSCME Union Local 192, informed the Civil Service Commission that the Grievance #03-11 has been settled with a written agreement pending. No further action by the Commission is required. The Commission received and fled the Non -Resident Report as of May 1, 2004. Upon a motion by Mr. Campau, seconded by Mr. Tatigian and unanimously adopted, it was RESOLVED, That having reviewed the Livonia Fire Fighters Union Grievance #240-01, dated February 25, 2004, from Phillip D. Kamm, Firefighter, regarding tuition reimbursement, the Civil Service Commission does hereby refer this to the next meeting as requested by the Union and agreed to by Management. Paget 1200th Regular Meeting May 20, 2004 Debra Finkbeiner, Clerk -Typist 11, commenced discussion regarding her letter of May 10, 2004, approved for submission by Ronald R. Reinke, Superintendent of Parks and Recreation, requesting Civil Service Commission permission to file a late application for the Account Clerk I (1186 p.) examination after the published closing date. She stated that she is making this request based upon the fact she was absent due to an approved FMLA leave when the examination was announced and closed without notice. Derrick Washington, Personnel Analyst 11, explained that the closing date for application to this promotional examination had passed. He clarified that he was in the process of reviewing the proposed written test with the subject matter experts, James Andres, Chief Accountant and Ronald Reinke, Superintendent and Parks and Recreation. The written examination therefore, has not been administered to date. Ms. Rutan stated that there was no AFSCME Union Local 192 contract language which permits employees on leave be given late application consideration. Ms. Rutan also stated that all current applicants for this examination will be disadvantaged by the delay in this examination process. Furthermore, should the Commission grant this request, she stated that it will place a burden on the Civil Service Department staff to notify people who are absent due to vacation, sick or personal leave. The Rule normally places the burden on the applicant. Ms. Finkbeiner stated that when she returned from FMIA leave she called Mr. Washington to see if she could apply to Account Clerk I after it's application deadline. She also stated she was encouraged by her supervisors to submit this letter. Mr. Tatigian responded that the Civil Service Commission had previously denied Police Officer Proudlock an opportunity to apply to an examination after the closing date in 1994. Mr. Campau inquired if this request were approved, what problem would that create. Ms. Rutan stated that the seven (7) other individuals who applied for this examination within the prescribed time might be aggrieved because extraordinary consideration was given to this one individual. If approved, she recommended that the exam be reopened for anyone else who might wish to apply. Ms. Rutan explained that the Notices are publicly posted throughout the worksite. Mr. Campau inquired concerning Section 19.D. in the AFSCME 192 contract that states persons on vacation should have the right to file application for vacancies or transfers posted during their vacation upon return to work. Ms. Rutan informed the Commission that Section 19. applies strictly to lateral transfers of employees who already have status in the vacant classification to move from one position to another. Mr. Campau inquired if it would create any extra work. Ms. Rutan stated it would just to repost. Upon a motion by Mr. Tatigian, it was RESOLVED, That having reviewed the letter of May 10, 2004, from Debra Finkbeiner, Clerk -Typist 11, as approved for submission by Ronald R. Reinke, Superintendent of Parks and Recreation, requesting permission to file a late application for the Account Clerk 1 (1186 p.) examination after the prescribed closing date, the Civil Service Commission does hereby deny this request. The motion dies for lack of support. Ms. Mahoney inquired that if the Commission granted this request, could the examination be reopened to all employees. Ms. Rutan confirmed that it could if the Commission so directed. Page 1200th Regular Meeting May 20, 2004 Upon a motion by Mr. Campau, it was RESOLVED, That having reviewed the letter of May 10, 2004, from Debra Finkbeiner, Clerk -Typist 11, as approved for submission by Ronald R. Reinke, Superintendent of Parks and Recreation, requesting permission to file a late application for the Account Clerk 1 (1186 p.) examination after the prescribed closing date, the Civil Service Commission does grant this request for Ms. Finkbeiner only. The motion dies for lack of support Ms. Finkbeiner stated she was not looking for Civil Service to keep her informed. She also stated she had limited communication with her department while on FMLA, however, upon her return she was encouraged to submit the letter to the Commission. She informed the Commission that other people said that if the Commission reopened the examination application period, that they would apply. Ms. Mahoney inquired if Mr. Campau was correct if reopening the exam added an additional burden to the Civil Service Department. Ms. Rutan explained that the current position is temporarily filled but there was no burden to the department that she was aware of. The only work that it would require in the Civil Service Department would be the republishing of the Notice and postponing the written test date by fifteen (15) days. Yvonne Lillibridge, President of AFSCME Union Local 192, inquired if the employees who had already submitted applications would have to resubmit. Ms. Rutan stated that they would not. The reopening would allow additional applications to be fled from other employees who may be interested. People who made original application would continue to have their application under consideration. Ms. Lillibridge again clarified that no part of the testing procedure had begun yet. Ms. Rutan replied that it had not. Jeffrey Golm, Chief Roads Steward, discussed his promotional examination and placement in an Engineering Assistant I position was a temporary assignment. Ms. Rutan clarified that there was no budgeted vacancy for the Account Clerk I position in Parks and Recreation, rather, that a person was placed in the position on a temporary basis to accommodate a disability restriction. Mr. Golm inquired why there is a test if there is a current hiring freeze. Ms. Rutan explained that employees governed by AFSCME Union Local 192 contract who achieve a passing score on an eligible list and who are temporarily assigned to the position for the prerequisite probationary period, and satisfactorily perform, achieve status in the permanent classification. At such time the position becomes permanent, they have an option to sign for the vacancy. Mr. Golm asked why the City was administering a test when there was no permanent vacancy. Mr. Tatigian sought clarification about the temporary Account Clerk I position and wanted to know which department it was for. Ms. Rutan explained that the position was in the Department of Parks and Recreation at the Community Center. Mr. Tatigian inquired if Ms. Finkbeiner was filling that position at this time. Ms. Rutan clarified that she was not. Rather, she added, there was another 192 member that required accommodation for disability that was placed in that position. Furthermore, the position was "created" for that individual and that she had applied for the examination in hopes of achieving a permanent status position. Ms. Rutan stated that this position would be filled on a temporary Page 4 1200th Regular Meeting May 20, 2004 basis until such time there is permanent budget authority. Testing is usually conducted to fill a position when there is no existing eligible list. Mr. Golm expressed a concern about the testing procedure and indicated he was informed that tests were not normally administered for temporary positions. Mr. Golm discussed his experience with previous tests and his displeasure with testing for the Engineering Assistant I position that may not become permanent. He referenced the City Charter and stated he would bring it to the next meeting. Ms. Mahoney informed Mr. Golm that he needed to have a formal request in order to be placed on the Agenda. Mr. Tatigian inquired if Ms. Lillibndge had discussed with the other seven applicants if there were objections to this. Ms. Lillibridge replied she had not. Ms. Finkbeiner stated that the employee who was currently filling the position, encouraged her to apply for this position. Ms. Lillibridge stated that this was posted as a promotional examination and while there is a hiring freeze, she was aware of at least one other Account Clerk that is going to be retiring. Mr. Campau asked to look at exigent circumstances and try to be fair and reasonable with requests and stated that in this case, there was an exigent circumstance, the employee was on FMLA leave, and wasn't aware of the exam. Upon a motion by Mr. Campau, it was RESOLVED, That having reviewed the letter of May 10, 2004, from Debra Finkbeiner, Clerk -Typist 11, as approved for submission by Ronald R. Reinke, Superintendent of Parks and Recreation, requesting permission to file a late application for the Account Clerk 1 (1186 p.) examination after the prescribed closing date, the Civil Service Commission does hereby direct that the examination be reannounced to permit Ms. Finkbeiner and any other qualified employee to apply. The motion dies for lack of support. Ms. Lillibridge commented that as it relates to the other people who had made application for the exam, it wouldn't directly violate anything in the AFSCME Union Local 192 contract to allow Ms. Finkbeiner to submit a delayed application for this examination. Mr. Tatigian stated that the Civil Service Commission had the discretion to grant this request, however, there was nothing in the collective bargaining agreement that actually provides for this kind of request to be approved. He further stated that what was provided for in the contract was only applicable to lateral transfers. The Chairperson stepped down to second the following motion: Upon a motion by Mr. Campau, seconded by Ms. Mahoney and unanimously adopted, it was RESOLVED, That having reviewed the letter of May 10, 2004, from Debra Finkbeiner, Clerk -Typist 11, as approved for submission by Ronald R. Reinke, Superintendent of Parks and Recreation, requesting permission to file a late application for the Account Clerk 1 (1186 p.) examination after the prescribed closing date, and after having had discussion with Yvonne Lillibndge, President, Pages 1200th Regular Meeting May 20, 2004 AFSCME Union Local 192; Debra Finkbeiner, Clerk -Typist II; Jeffrey Going, Chief Roads Steward, AFSCME Union Local 192, and Ms. Rutan, Human Resources Director, the Civil Service Commission does hereby direct that the Account Clerk I (1186 p.) be reannounced for all eligible employees who may wish to apply. Upon a motion by Mr. Campau, seconded by Mr. Tatigian and unanimously adopted, it was RESOLVED, That having reviewed the correspondence dated May 7, 2004, from Phillip Kamm, Firefighter, as approved for submission by Alan W. Brandemihl, Jr., Fire Chief, requesting to carry over excess vacation hours, the Civil Service Commission does hereby approve Mr. Kamm's request to carry over one point three three (1.33) days or thirty-two (32) 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. RESOLVED, That having reviewed the correspondence dated May 4, 2004, from Thomas Kiurski, Fire Lieutenant, as approved for submission by Alan W. Brandemihl, Jr., Fire Chief, requesting to carry over excess vacation hours, the Civil Service Commission does hereby approve Mr. Kiurski's request to carry over one (1.00) day or twenty-four (24) 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. Campau, seconded by Mr. Tatigian and unanimously adopted, it was RESOLVED, That having reviewed the amended employees' monthly Blue Cross Blue Shield "Blue Choice Point of Service' (POS) health insurance rates and with the addition of retirees' Blue Cross Blue Shield "Blue Choice Point of Service" (POS) rates, and having had discussion with Derrick Washington, Personnel Analyst II, the Civil Service Commission does hereby approve the revised rates for active employees effective March 1, 2004 and the retiree rates, effective April 1, 2004. Upon a motion by Mr. Tatigian, seconded by Mr. Campau and unanimously adopted, it was RESOLVED, That having reviewed the Departmental Correspondence of May 11, 2004, from Robert Jennison, Firefighter, as approved for submission by Alan W. Brandemihl, Jr., Fire Chief, requesting additional family illness leave, the Civil Service Commission refers this to the next meeting, until such time supportive medical documentation can be obtained. Page 1200th Regular Meeting May 20, 2004 Upon a motion by Mr. Campau, seconded by Mr. Tatigian and unanimously adopted, it was RESOLVED, That having reviewed the letter of April 14, 2004, from John A. Larese, Sign Maintenance Worker II, as approved for submission by Robert J. Beckley, Director of Public Works, requesting an extension of the three (3) year retirement limit for excess vacation accrual, the Civil Service Commission does hereby approve this request with the understanding that Mr. Larese be required to not exceed thirty-four (34) eight (8) hour accrued vacation days as of December 31, 2004, and 2005, 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 October 29, 2006. RESOLVED, That having reviewed the Departmental Correspondence of April 7, 2004, from James R. Harper, Senior Police Officer, as approved for submission by Robert Stevenson, Acting Chief of Police, 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. Harper be required to not exceed forty-four (44) eight (8) hour accrued vacation days as of December 31, 2004, 2005 and 2006, which will then permit the maximum accrual of sixty-eight (68) eight (8) hour vacation leave days, including nine (9) bonus days for payout purposes in anticipation of his retirement date on or before May 20, 2007. The Commission received and fled the letter of April 26, 2004, from Thomas C. Michaud, Attorney, VanOverbeke, Michaud & Timmony, P.C., summarizing the 16th District Court employees' proposed transfer of membership from the City of Livonia Employees Retirement System Defined Contribution (DC) Plan to the Municipal Employees Retirement System (MERS) Defined Benefit Plan and letter of May 5, 2004, from Anthony Asher, Attorney, Sullivan, Ward, Asher & Patton, P.C., responding to Attorney Thomas C. Michaud's correspondence of April 26, 2004, concerning the 16' District Court Employees request to Transfer Retirement Benefits to the Municipal Employees Retirement System. Upon a motion by Mr. Tatigian, seconded by Mr. Campau and unanimously adopted, it was RESOLVED, That having reviewed the letter of May 19, 2004, from Alan W. Brandemihl, Jr., Fire Chief, requesting a promotional examination for Program Supervisor 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 Fire Department for a minimum of two (2) years; and Have regular status in the classification of Clerk -Typist II; and Pagel 1200th Regular Meeting Mav2.. 2004 3. Be familiar with Telestaff, Fire Program Software, be able to process requisitions and payroll. PARTS OF EXAMINATION AND WEIGHTS Interview -80% Departmental Rating -20%' Background Investigation — Pass/Fail `In the event there is only one (1) qualified applicant for this position, the Parts of Examination and Weights will be 100% Department Rating. There were no reported expiring eligible lists for June 2004. Upon a motion by Mr. Campau, seconded by Mr. Tatigian and unanimously adopted, it was RESOLVED, That the Civil Service Commission does hereby approve the eligible list for Clerk -Typist II (non-competitive). RESOLVED, That the Civil Service Commission does hereby approve the eligible list for Elections Record Clerk (1187 p.). RESOLVED, That the Civil Service Commission does hereby approve the eligible list for Firefighter (857 o.c.). RESOLVED, That the Civil Service Commission does hereby approve the eligible list for Recreation Supervisor— Marketing Coordinator (859 o.c.). RESOLVED, That the Civil Service Commission does hereby approve the eligible list for Deputy Police Chief (1184 p.). RESOLVED, That the Civil Service Commission does hereby approve the eligible list for Police Captain (1185 p.). Chief Brandemihl inquired if the extended Firefighter list would now be exhausted and Ms. Rutan confirmed that it was now expired. Discussion commenced regarding the letter of May 10, 2004, from Ronald R. Reinke, Superintendent of Parks and Recreation, requesting the Civil Service Commission adopt a Casual At -Will Employee Agreement for their Community Center and related job classifications. Mr. Campau inquired if this was for specific jobs. Ms. Rutan explained that this agreement was created for temporary, seasonal positions throughout the City. This is a recommendation to amend Civil Service Commission RULE 16, Section 16.4, Character of Appointments, to address casual or non -career employment which will exceed six (6) to nine (9) months. The recommendation is to add "casual" along with temporary and seasonal employees for positions with a duration exceeding six (6) to nine (9) months. A new section would be inserted. All the Recreation Center positions that currently go beyond six (6) to nine (9) months would come under the proposed agreement. Mr. Campau clarified that these were non-union or Unrepresented positions. Ms. Rutan added that this agreement would be applicable to other positions such as Page 1200th Regular Meeting May 20, 2004 School Crossing Guards, Police Reserve Officers and Library Pages. Mr. Campau inquired if these jobs would replace union jobs in the future. Ms. Rutan stated No, that in order to remove a job classification from the collective bargaining agreement and classify it as "casual," it would have to be collectively bargained. Mr. Golm stated that the letter doesn't specifically reference Parks and Recreation. Mr. Golm stated he was a temporary employee. Ms. Rutan clarified that Mr. Golm was not a temporary employee; rather, he is a regular or permanent employee, who is lemporanly assigned to an Engineering Assistant I position. Mr. Golm indicated that he felt this could infringe on future employee collective bargaining. Ms. Mahoney explained that the Commission would be recommending a concept of a casual/at-will employee. Ms. Flores, Construction Worker 1, agreed that everything she had read stated part-time and nowhere in the information she reviewed said temporary. She added Union Local 192 currently has twenty-seven (27) part-time permanent employees. Ms. Flores continued that the concern is that some of these part-time represented positions are at the Recreation Center. Ms. Mahoney stated that when this is drafted, the language needed to be clear to differentiate between those permanent employees who are temporarily assigned and those employees being hired in a temporary non -career classification. Ms. Kapchonick, Assistant Superintendent of Parks and Recreation, staled that the purpose of the casual/at-will appointment was to create another category so there wasn't an employee who worked beyond nine (9) months wondering what their status was. She added that in comparison with other communities, the at -will employee classification is becoming the standard in the Recreation field. Employees will know up front that they are an at -will employee, not seasonal and not a permanent employee. Mr. Campau wanted to know why they couldn't be made permanent employees. Ms. Kapchonick replied that not all the Parks and Recreation employees work a standard work week. Ms. Rutan stated that the seasonal character of appointment will continue because there are some positions within the City, such as Seasonal Laborer and Seasonal Clerk, that definitely only work a seasonal period during the year. Mr. Tatigian stated that most of the employees at the Recreation Center might only be working there for a few years until something better comes along. Ms. Kapchonick responded that the individuals that work there have no set hours; it is based on what is available for them and what is needed. The Law Department reviewed this and they decided this would be applicable to all their employees. Ms. Mahoney inquired if Ms. Lillibridge was familiar with how it had impacted the other Cities. Ms. Lillibridge believed that only one of those communities had an AFSCME bargaining unit. Ms. Lillibridge stated that the Union's concern was that this would infringe upon or apply to permanent career jobs that are currently not being filled due to the hiring freeze and to Custodians at the Recreation Center who are part-time. Mr. Tatigian clarified that the permanent employees would not be affected. Ms. Lillibridge reiterated that the concern of this letter was that it doesn't specify which classifications or which departments are affected. Ms. Rutan stated that Custodians have a Letter of Understanding stipulating the terms and conditions of their employment as permanent employees. She continued that if the Commission wished to refer this back to the Civil Service Department for appropriate language, then the Department is willing to work with the Union to draft language that is agreeable to both Union and Management. Page 1200th Regular Meeting May 20, 2004 Upon a motion by Mr. Tatigian, seconded by Mr. Campau and unanimously adopted, it was RESOLVED, That having reviewed the letter of May 10, 2004, from Ronald R. Reinke, Superintendent of Parks and Recreation, adopting the Casual At -Will Employee Agreement for Parks and Recreation non -career job classifications, and having had discussion with Yvonne Lillibridge, President, AFSCME Union Local 192; Arica Flores, Construction Worker I; Jeffrey Golm, Chief Roads Steward, AFSCME Union Local 192; Karen Kapchonick, Assistant Superintendent of Parks and Recreation; and Mary E. Rutan, Human Resources Director, the Civil Service Commission does hereby refer this matter to the Civil Service Department to develop the language in cooperation with the Union to be presented to the Commission at their next regular meeting for formal review and posting prior to adoption. Upon a motion by Mr. Tatigian, seconded by Mr. Campau and unanimously adopted, it was RESOLVED, That having reviewed the letter of May 19, 2004, from Police Chief Robert Stevenson, requesting establishment of the classification of Police Vehicle Maintenance Coordinator, the Civil Service Commission does hereby recommend amendment to the Classification of Positions Plan with the establishment of the temporary or casual/at-will classification of Police Vehicle Maintenance Coordinator and approves the compensation to be $18 per hour for the first year and $18.25 per hour for the second year of employment with the only benefit provided being holiday pay at the completion of 480 hours. The Commission received and filed the following items: Council Resolution from the meeting of April 5, 2004, with minutes being approved April 21, 2004: CR# 137-04 Proclaiming Friday, April 30, 2004, as Arbor Day in the City of Livonia, and urging citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands; and further resolving to forward copies of this resolution to Governor Jennifer Granholm, State Senator Laura M. Toy, State Representative John Pastor, the Michigan Municipal League State and Federal Affairs Division, the Conference of Western Wayne and the Plymouth Road Development Authority. Council Resolution from the meeting of April 21, 2004, with minutes being approved May 5, 2004: CR# 162-04 Authorizing the administration to implement the Voluntary Early Retirement Program for members of the Livonia Police Lieutenants and Sergeants Association as outlined in the report and recommendation from the Director of Finance and the Chief of Police. Council Resolutions from the meeting of May 5, 2004, with minutes being approved May 19, 2004: Page 10 1200th Regular Meeting May 20, 2004 CR# 192-04 Referring the subject of the cost to the City if the 16th District Court exercised its option to participate in the Michigan Employee Retirement System (MERS) Defined Benefit Pension Plan to the Finance Department and the Civil Service Department. CR# 193-04 Appointing Terry Godfroid-Marecki to the Office of Councilmember of the Livonia City Council to fill the unexpired term of Linda Dolan, which term expires December 31, 2005. Letter of April 30, 2004, from Mary E. Rutan, Human Resources Director, to Mayor Jack Engebrelson, regarding the Estimated Costs of Various City Benefits for Fiscal Year 2004-2005 for General Employees. Letter of April 30, 2004, from Mary E. Rutan, Human Resources Director, to Mayor Jack Engebrelson, regarding the Estimated Costs of Various City Benefits for Fiscal Year 2004-2005 for Police and Fire Employees. Affirmative Action Report for April 2004 Upon a motion by Mr. Campau, seconded by Mr. Tatigian and unanimously adopted, it was RESOLVED, That the Civil Service Commission does hereby approve to move the date for the June 2004 meeting from Thursday, June 17, 2004 to Wednesday, June 16, 2004. Upon a motion by Mr. Tatigian, seconded by Mr. Campau and unanimously adopted, it was RESOLVED, That the Civil Service Commission does hereby amend Civil Service Commission Rules and Regulations, RULE 6, MEETINGS OF THE COMMISSION, Section 6.1 Regular Meetings, to permanently reschedule the meetings from the third Thursday of each month to the third Wednesday of each month, effective January 1, 2005, and directs that this proposed amendment be posted for review and comment. Upon a motion by Mr. Campau, seconded by Mr. Tatigian and unanimously adopted, it was RESOLVED, That the meeting be adjourned at 6:30 p.m. Gretchen Guisbert, Secretary III Charlotte S. Mahoney, Chairperson Harry C. Tatigian, Commissioner Ronald E. Campau, Commissioner