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HomeMy WebLinkAbout1201st CSC MEETING1201st REGULAR MEETING OF THE CIVIL SERVICE COMMISSION The 1201st Regular Meeting of the Civil Service Commission was held on Wednesday, June 16, 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: Richard Bowers, Water Meter Repairer III Alan W. Brandemihl, Jr., Fire Chief Cathy Bumgarner, Clerk I John Dauffenbach, Union Steward, AFSCME Union Local 192 Ken Grzen i, Chief Parks Steward, AFSCME Union Local 192 William Ivanac, Union Steward, AFSCME Union Local 192 Kelly Kamm, Spouse of Phillip Kamm Phillip Kamm, Firefighter Michael Kelly, President, Livonia Fire Fighters Union (LFFU) Barbara Kurzeja Cynthia Lane, Clerk I Yvonne Lillibndge, President, AFSCME Union Local 192 Christopher Martin Lynette Meeks, Clerk I Sharon Sabo, Account Clerk III Robert Schron, City Engineer Debra Seeman, Account Clerk II Susan Semposki, Account Clerk I Norm Siira, Equipment Operator III Elizabeth Stone, Tax Account Clerk Cheryl Wallman, Chief Clerical Steward, AFSCME Union Local 192 Bruce Whitcombe, Engineering Assistant II Mary E. Rutan, 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 revised minutes of the 1199'^ Regular Meeting held Wednesday, April 7, 2004, be approved as submitted. RESOLVED, That the minutes of the 1200th Regular Meeting held Thursday, May 20, 2004, be approved as submitted. The Commission received and fled the Status of Temporary Employees Report for May 2004. Upon a mofion 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 three (3) additional paid Family Sick leave days, and having had discussion with Mary E. Rutan, Human Resources Director, the Civil Service Commission does hereby approve three (3) additional twenty-four (24) hour paid Family Sick leave days, beyond the maximum four (4) twenty-four (24) hour paid Family Sick leave days allowed per calendar year. Page t 1201st Regular Meeting June 16, 2004 Mary E. Rutan, Human Resources Director commenced discussion regarding the proposed revision to RULE 16 — CERTIFICATION, APPOINTMENT AND REINSTATEMENT, Section 16.4 Character of Appointments, regarding casual appointment and the "at will" related agreement. The proposed agreement is to be signed by all employees in non -career (seasonal, temporary or casual) positions. A copy of the revised rule and draft agreement was sent to Ms. Lillibridge, President, AFSCME Union Local 192. Ms. Lillibridge stated that some of the Union members were still having difficulty with this language. Their concern is that some of the permanent part- time custodial employees working in the Parks and Recreation department wondered if this would involve them. While AFSCME Union Local 192 members stated they were assured that it would not affect them, there is a feeling that in the future this may affect some of their membership. The Union would like to see exactly which classifications would be affected. Ms. Lillibridge continued that with the hiring freeze going on there are some people that are concerned how this change may affect their bargaining unit. Ken Grzembski, Parks Division, stated he originally thought this was something just for the Recreation Department and the AFSCME 192 members are leery of expanding this to all temporary, seasonal or non -career positions. Mr. Grzembski added he would like the draft to be more specific with regard to the specific classifications to be governed by the proposed agreement. Mr. Tatigian restated that Ms. Rutan indicated this was applicable to non -career positions. Ms. Rutan clarified that it was initially recommended that this agreement cover Parks and Recreation Community Center employees whose service would exceed the six (6) or nine (9) month seasonal or temporary character of appointment. The at -will concept would also apply to Seasonal Laborers, or any temporary employees such as Library Page or Student Page, Crossing Guards and a variety of classifications that are all determined to be casual or temporary in nature. Mr. Tatigian clarified that this was not intended to be applicable to the Custodians that Ms. Lillibridge and Mr. Grzembski were referring to. Ms. Rutan stated that if the Commission directed, the language under section "(g)" could be specifically amended to itemize a list of all the applicable non -career classifications. Ms. Lillibridge and Mr. Grzembski responded that it would help. Ms. Mahoney and Mr. Tatigian discussed deferring this item for a month until such time the Civil Service Department could meet with the Union to decide upon mutually agreeable language. Ms. Mahoney expressed concern over the word "career' as being vague. Ms. Rutan clarified that the distinction wasn't that of time served, however, when a classification is established, the Commission makes a recommendation whether or not it will be regular or permanently filled and assigns to it a salary as well as full benefits. The positions that are casual, temporary or seasonal, are positions that do not afford benefits. Mr. Campau asked for clarification of Section 16.4 Character of Appointments, paragraph (e). Ms. Rutan explained that with regard to the second sentence, while the Commission can designate that a competitive test for such temporary positions be given, this competitive practice has not been followed in recent years with consideration given based upon time and date of application. Mr. Campau explained that these type of positions fall under the aegis of the Civil Service Commission Rules and Regulations; however, they can be terminated without cause. Ms. Rutan added that the Rules do permit seasonal or temporary employees to bring forth concems to the Commission. Mr. Tatigian stated that these employees do not have the status of a regular or permanent employee who has the right to grieve and appeal to the Commission a discharge or Page 3 1201 s1 Regular Meeting June 16, 2004 termination. Mr. Campau inquired if they have any protections from the Commission. Ms. Rutan reaffirmed that they could always appeal to the Commission if they feel the rationale for termination was unfair or discriminatory. Ms. Mahoney inquired if something was missing in the paragraph (e). Ms. Mahoney recommended removing "however" in the sentence that reads "Such persons have not been examined nor placed on an eligible list subject, however, to prior approval of the Commission" Ms. Rutan explained that this is similar to existing language under "Temporary Appointments." Ms. Mahoney stated that this language should be carefully reviewed for meaning by the Civil Service Department and the Unions. Ms. Lillibridge inquired if, after signing this agreement, an employee was terminated, there was any recourse to come to Commission. Mr. Tatigian reiterated that these employees do not have the same rights as a permanent employee. North Siira, Equipment Operator III, Roads Division, stated that one of the Seasonal Laborer employees had taken the test for a permanent position and had issues regarding joining the Union and how this casual employment agreement is broad in interpretation and could be used against the employee by a foreman in their department. Mr. Tatigian stated that at the last meeting the Commission was shown copies of similar casual or at -will employment rules that are in effect in other communities, such as Dearborn, Southfield and Canton. Mr. Tatigian continued that he was sure that the City of Livonia could come up with language that is fair and equitable to similarly employed individuals. Upon a motion by Mr. Tatigian, seconded by Mr. Campau and unanimously adopted, it was RESOLVED, That having reviewed the proposed revision to RULE 16 — CERTIFICATION, APPOINTMENT AND REINSTATEMENT, Section 16.4 Character of Appointments, regarding "casual appointment" and the "at will' related agreement, the Civil Service Commission does hereby refer this to the next meeting to permit the language under Section 16.4 (g) to be clarified by the Civil Service Department with AFSCME Union Local 192 members. The Commission received and fled the Non -Resident Report as of June 1, 2004. Upon a motion by Mr. Campau, seconded by Mr. Tatigian and unanimously adopted, it was RESOLVED, That having reviewed the request for review and approval of the agreement negotiated between the City of Livonia and the Livonia Lieutenants and Sergeants Association, the Civil Service Commission does hereby approve said contract 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 Mr. Campau, seconded by Mr. Tatigian and unanimously adopted, it was RESOLVED, That having reviewed the letter of June 8, 2004, from Barbara Kurzeja, requesting reinstatement as Clerk -Typist I with the City of Livonia, the Civil Service Commission does hereby approve Ms. Kurzeja's request for reinstatement to the classification of Clerk -Typist I, subject to, however, when the hiring freeze is rescinded for regular or permanent positions. At such time her name will then be Page 4 1201st Regular Meeting June 16, 2004 submitted to an Appointing Authority along with the top three (3) names on the eligible list for Clerk Typist I employment consideration. AND BE IT FURTHER RESOLVED, Her reinstatement shall be subject to passing the pre-employment medical examination conducted by the City Physician and satisfactory completion of the appropriate six (6) month probationary period. Upon a motion by Mr. Campau, seconded by Mr. Tatigian and unanimously adopted, it was RESOLVED, That having reviewed the letter of June 1, 2004, from Robert J. Beckley, Director of Public Works, and Brian Wilson, Assistant Superintendent of Public Service, requesting a promotional examination for Equipment Mechanic 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: 1. Employed in the Public Service Division of the Department of Public Works; and 2. Have regular status as Equipment Mechanic I with at least two (2) years of experience in that classification; and 3. Possess and maintain a valid group "A" Commercial Drivers license with Air Brake "N" Endorsement, and must have or be eligible for, a valid Industrial Truck Driving Permit for operation of a forklift and must maintain a State of Michigan Motor Vehicle Mechanic Certificate. An employee in this classification is subject to all requirements of the Federal Omnibus Transportation Employee Testing Act of 1991, as amended. 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 as 20% of the examination, but a score under 70 will not disqualify the candidate from continuing in the process. Upon a motion by Mr. Campau, seconded by Mr. Tatigian and unanimously adopted, it was RESOLVED, That having reviewed the letter of June 10, 2004, from Ronald Haskill, Custodian (PPT), as approved for submission by Robert J. Beckley, Director of Public Works, requesting an unpaid medical leave of absence, the Civil Service Commission does hereby approve an unpaid medical leave of absence for Mr. Page s 1201st Regular Meeting June 16, 2004 Haskill from June 2, 2004 to approximately July 14, 2004 pursuant to Civil Service Commission RULE 25, Section 25.5 Leave of Absence' AND BE IT FURTHER RESOLVED, That should Mr. Haskill's physician medically release him to return to work prior to that date, he will report to his supervisor to coordinate a return to work examination with the City Physician. Upon a motion by Mr. Campau, seconded by Mr. Tatigian and unanimously adopted, it was RESOLVED, That having reviewed the letter of June 12, 2004, from Maureen Gordon, Clerk -Typist II, as approved for submission by Kathleen Monroe, City Librarian, requesting an unpaid medical leave of absence, the Civil Service Commission does hereby approve an unpaid medical leave of absence for Ms. Gordon from June 7, 2004 to approximately July 9, 2004 pursuant to Civil Service Commission RULE 25, Section 25.5 Leave of Absence; with the understanding she may be allowed preauthorized vacation leave from July 2, 2004 through July 19, 2004. AND BE IT FURTHER RESOLVED, That should Ms. Gordon's physician medically release her to return to work prior to that date, she will report to her supervisor to coordinate a return to work examination with the City Physician. There were no reported expiring eligible lists for July 2004. The Commission received and filed the following items: a. Council Resolution from the meeting of May 19, 2004, with minutes being approved June 2, 2004: CR# 207-04 Approving the reappointment of Marvin Walkon, Commercial Property Development Co., 30445 Northwestern Highway, Suite 320, Farmington Hills, Michigan 48334, to the Livonia Plymouth Road Development Authority as a business interest or owner for a four-year term expiring May 16, 2008. CR# 208-04 Approving the reappointment of Dennis Kujawa, Bank One, Michigan, 28660 Northwestern Highway, Southfield, Michigan 48034, to the Livonia Plymouth Road Development Authority as a business interest or owner for a four-year term expiring May 16, 2008. Council Resolution from the meeting of June 2, 2004, with minutes being approved June 19, 2004: CR# 232-04 Approving the reappointment of Richard W. McDowell, 19538 Norwich, Livonia, Michigan 48152, to the Board of Ethics for a three year term, which will expire on March 1, 2007. Page 6 1201st Regular Meeting June 16, 2004 CR# 233-04 Approving the reappointment of C. Daniel Piercecchi, 16146 Alpine, Livonia, Michigan 48154, to the City Planning Commission for a three year term, which will expire on June 9, 2006. CR# 234-04 Approving the reappointment of Robert Alanskas, 36218 Barkley, Livonia, Michigan 48154, to the City Planning Commission for a three year term, which will expire on June 9, 2007. CR# 235-04 Approving the reappointment of John Walsh, 35041 Pembroke, Livonia, Michigan 48152, to the City Planning Commission for a three year term, which will expire on June 9, 2007. CR# 260-04 Approving the reappointment of James R. McCann, 15722 Golfview, Livonia, Michigan 48154, to the Board of Ethics for a three year term, which will expire on March 1. 2007. C. Letter of June 10, 2004, from Mary E. Rutan, Human Resources Director, and Derrick L. Washington, Personnel Analyst II, regarding Removal from Eligible List for Recreation Supervisor -Marketing Coordinator (859 o.c.). d. Letter of June 8, 2004, from Valda Vandersloot, City Clerk, concerning termination of federal Family Medical Leave Act (FMLA) leave of absence regarding Elsie Graham, Clerk I. e. International Public Management Association for Human Resources (IPMA) Regional Award for Best Practices regarding City Emergency Response Manual and Related Program Activities. f. Affirmative Action Report for May 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 Program Supervisor (1188 p.). Discussion commenced regarding Livonia Fire Fighters Union (LFFU) Grievance #240-01, dated February 25, 2004, from Phillip D. Kamm, Firefighter, regarding tuition reimbursement. Mike Kelly, President, LFFU, stated that Mr. Kamm, in compliance with the LFFU contract, submitted requests through the chain of command, through the Training Coordinator and through the Fire Chief, for educational reimbursement for classes that he took and successfully completed and has been reimbursed for these classes. This coursework and reimbursement has occurred over the last three (3) years. The Chief, however, has recently said he doesn't want the City to pay for these classes and also that he wants the City to be reimbursed for classes that he has taken the past semester. The Union's position is that Mr. Kamm has complied with the contract requirements through a request of the Department Head, to go to the classes. The Chief reviewed these documents and the classes and signed off on them. Mr. Kamm took the classes, passed the classes, received satisfactory grades, and has been reimbursed. He has complied with the contract and the Chief followed the contract authorizing his reimbursement money over Page] 1201 st Regular Meeting June 16, 2004 the last three (3) years. There is no contract language that allows the City to come back and ask that the reimbursement money be refunded after the Chief approved it. Mr. Tatigian reviewed the letter dated February 25, 2004, which identified that Fire Fighter Kamm did make a proposal for reimbursement. Mr. Kamm stated he disagreed with the repayment plan, however, submitted the letter to avoid being insubordinate and fled his grievance accordingly. Ms. Mahoney inquired if he had begun to repay any of the money. Mr. Kamm replied that he has not heard back from the City. Chief Brandemihl stated that in 2000 Mr. Kamm had applied for tuition reimbursement for classes involving a Master's Degree in Public Administration conducted at Eastern Michigan University. This request was denied because it was not specifically Fire Science or EMS related as required by contract. His corresponding grievance went through the grievance procedure to Labor Management. Attorney George Roumell drafted a labor management response, a copy of which was forwarded directly to the Fire Fighter Union. Chief Brandemihl stated that he and Mr. Roumell conceded only to accept that portion of the Master's in Public Administration curriculum that was directly related to the Public Safety Staff and Command program. Chief Brandemihl assumed that when Mr. Kamm submitted his request, the courses were part of the approved Staff and Command school. Chief Brandemihl continued that the error was caught shortly after payment was made and was due to a clerical error. He also stated that if a mistake was made due to a clerical error, the City may, by law, go back and collect the money by payroll deduction. Chief Brandemihl stated Mr. Kamm clearly understood he would not be compensated for the graduate level classes which were not directly related to the Staff and Command program. Mr. Campau inquired if Mr. Kamm was informed that he would not be compensated for the classes. Chief Brandemihl responded that the City was not going to pay for those graduate level classes that are not directly job related. Mr. Tatigian stated the classes they are talking about are in Public Administration. Chief Brandemihl reiterated that initially Mr. Kamm provided a list of classes and his request was denied, which led to the original grievance in 2000. The Grievance went to Labor Management and the Union declined to pursue it further. Ms. Mahoney clarified that the decision was made to pay for those classes directly relating to Fire Command and Staff curriculum, even though Firefighter Kamm didn't have the prerequisite rank. Chief Brandemihl confirmed that he was able to be admitted into the program; therefore, the City lived up to their part of the agreement. Chief Brandemihl repeated that he assumed that the courses were part of the Staff and Command curriculum. He further stated the Labor Management written determination was sent to the Fire Fighters Union and Mr. Kamm would have received a copy of this response through the Fire Fighters Union. Mr. Campau inquired when Mr. Kamm took the courses in dispute. Chief Brandemihl replied they were taken from September to December of 2003 and that Mr. Kamm was reimbursed in January for $2,140.33. Ms. Mahoney confirmed that no courses have been submitted for reimbursement since then. Mr. Kamm responded that he never received the referenced Labor Management letter notifying him of the denial of reimbursement for courses. Mr. Kamm also asked Mr. Fessler, the addressee on the letter, if he received it, and he advised him he had not. Also, he checked the Union files, and did not find the copy. Mr. Tatigian clarified that the Chief stated there was a Labor Management meeting at which Mr. Kamm was present and was verbally told of management's decision concerning his request. Mr. Kamm explained at the Labor Management meeting that he thought that it had been determined that the program was acceptable and he believed everything Page 1201st Regular Meeting June 16, 2004 was approved when he left the meeting. Chief Brandemihl disagreed, stating that during the original grievance fled in 2000, the issue was approval for a Master's Degree in Public Administration. Chief Brandemihl stated that it was agreed at the meeting the City wasn't going to pay for the Master's Degree program; however, it was agreed that if Mr. Kamm was admitted into the Staff and Command part of the program that only those credits would be eligible for reimbursement. Chief Brandemihl further explained that the LFFU contract doesn't have any provision to pay for a Master's Degree. Mr. Kamm stated there is nothing in the contract that precludes someone for taking the Fire Fighters classes in a Master or Doctoral program, as long as it was directly related to a Firefighting Degree curriculum. Mr. Tatigian referenced Section 34.B of the Livonia Fire Fighters Contract which states, "All courses must be pre -approved by the Chief of the Department." Mr. Tatigian requested the Commission be given copies of the signed documents that approved Mr. Kamm's request. Mr. Kamm explained that all the information had been submitted to the Chief regarding the duration of the classes and that the requests were submitted through the chain of command each semester. Mr. Kelly explained that some of the approved documents said Staff and Command program on them and others said Masters of Public Administration program. Mr. Tatigian stated that there is a contract dispute where there was no meeting of the minds. He continued that Chief Brandemihl wouldn't have approved these classes if he knew they were not part of the Staff and Command program. Mr. Tatigian reiterated that the City was entitled to seek reimbursement if it was due to a clerical error. Mr. Kelly restated that Mr. Kamm's requests were reviewed and signed off by the Training Coordinator as well as the Chief over the course of three (3) years. Mr. Kamm explained that when he got accepted into the program he gave the Chief a binder of the program for Staff and Command and thought other employees might want to inquire about it. Mr. Kamm denied that he was told at the Labor Management meeting that some classes would not be eligible for reimbursement. Ms. Mahoney inquired if the City didn't pay for the classes if Mr. Kamm would have taken these courses. Mr. Kamm stated he wouldn't have enrolled in the Master's Degree in the Public Administration curriculum; rather he would have enrolled in a Masters in Business Administration program. Mr. Kamm clarified that in order to be eligible for promotional opportunities, Fire Command positions (outside the City) have evolved to where a person would need a Master's Degree in Public Administration. Mr. Tatigian described a discrepancy in the amount of money. Mr. Kamm responded that he wanted to end this dispute and proposed that he would agree to pay for the four (4) classes remaining. Mr. Kamm stated he was approved for 14 classes and the City has already been paid for ten (10) classes. Mr. Kamm stated that he was agreeable to end this dispute if the City would reimburse him for the classes that were approved to date. Upon a motion by Mr. Campau, it was RESOLVED, That having reviewed the Livonia Fire Fighters Union (LFFU) Grievance #240-01, dated February 25, 2004, from Phillip D. Kamm, Firefighter, regarding tuition reimbursement, the Civil Service Commission does hereby approve the grievance in favor of the grievant and directs that the City retrad the February 9'^ order to submit a repayment plan (arrow 1); continue to approve fees, tuition, books and other expenses in this curriculum (arrow 2); and reimburse any monies collected from the February 9 order (arrow 3) as listed in the Grievance Initiation form dated February 25, 2004. Page 9 1201st Regular Meeting June 16, 2004 The motion dies for lack of support. Ms. Mahoney stated that Mr. Kamm's original grievance states, under the second arrow, "so that I, as well as others, may benefit from its guidance." Mr. Campau discussed amending the motion to strike that part of the second arrow, since this is not a class action. Ms. Mahoney discussed the third arrow where it states "other expenses related to this education endeavor to be reimbursable as they have since the Fall 2000 semester." Mr. Kamm explained that there are no other expenses. Mr. Campau requested striking the third arrow section related to "other expenses." Ms. Mahoney requested striking the fourth arrow of Mr. Kamm's grievance since no money has been collected from him. Mr. Kamm stated he would be elated if the Commission approved his continuation with the remaining four (4) courses in the Masters in Public Administration curriculum. Ms. Mahoney said they were not going to approve the four (4) remaining courses that shouldn't have been approved in the first place. Mr. Taligian stated he couldn't go along with this because he feels the Fire Chief didn't pre -approve this and he looks for an equitable settlement. Ms. Mahoney clarified that what Mr. Campau recommends is approving a grievance that would ask for a retraction of the February 9' need to submit a plan to repay and for continued support for the other four (4) courses that would lead to a Master's in Public Administration. Ms. Mahoney continued that there have been enough mistakes with regard to this issue by not asking enough questions or clarification from Management. Mr. Taligian stated he felt the Fire Chief always has the right to tum the request down. He continued that the Fire Chief has the authority by contract to turn down the request for reimbursement of the four (4) remaining classes. Upon a motion by Mr. Campau, it was RESOLVED, That having reviewed the Livonia Fire Fighters Union (LFFU) Grievance #240-01, dated February 25, 2004, from Phillip D. Kamm, Firefighter, regarding tuition reimbursement, the Civil Service Commission does hereby approve to retract the February 9, 2004 order to 'submit a payment plan' and to continue approval of payment on courses that have already been approved. The motion dies for lack of support. Chief Brandemihl inquired if this benefit would have to be extended to all other employees. Ms. Mahoney replied that she would hope that these requests for reimbursement on classes would be more carefully reviewed and that they would not be approved for reimbursement unless they were specifically Fire Staff and Command related courses. Ms. Mahoney confirmed that this case would not be precedent setting. The Chairperson stepped down to support the following motion: Upon a motion by Mr. Campau, seconded by Ms. Mahoney and adopted, it was: RESOLVED, That having reviewed the Livonia Fire Fighters Union (LFFU) Grievance #240-01, dated February 25, 2004, from Phillip D. Kamm, Firefighter, regarding tuition reimbursement, the Civil Service Commission does hereby approve Page 10 1201 A Regular Meeting June 16, 2DD4 to remove the debt of $2140.33 from Fire Fighter Kamm and agrees that the City will pay for the courses it has approved to date. AYE: Campau and Mahoney NAY: Tatigian The Commission took a break at 6:55 p.m The Commission reconvened at 7:05 p.m. John Dauffenbach, Union Steward, AFSCME Union Local 192, commenced discussion regarding AFSCME Union Local 192 Grievance #04-11, dated May 25, 2004, from Bruce Whitcombe, Engineering Assistant I, regarding a written reprimand. Mr. Dauffenbach stated the written reprimand regarding Mr. Whitcombe was overkill on the part of Management and that Mr. Whitcombe has not received any previous reprimands within the last 18 months. Mr. Campau inquired if Mr. Whitcombe was disputing any of the issues in the letter. Mr. Dauffenbach replied "Yes," and continued that Mr. Whitcombe does this job only periodically and part of the confusion was the address and how the paperwork was issued by the Engineering Department. A call-in complaint was received in the Department regarding some defective sections of sidewalk and the location written on the call log was that of the caller. Mr. Dauffenbach stated that this is a training issue, not an issue of negligence on Mr. Whitcombe's part. Mr. Tatigian clarified that Mr. Whitcombe has been with the City for 2 % to 3 years and inquired what Mr. Whitcombe said to the homeowner. Ms. Mahoney clarified Mr. Whitcombe went on a call, talked to a homeowner, and the homeowner to whom he spoke called and registered a complaint. An acting supervisor took the complaint and the acting supervisor went out to talk to the homeowner. The homeowner was upset because Mr. Whitcombe indicated there might be some personal liability on the part of the homeowner if the sidewalk repair was not taken care of. Mr. Dauffenbach clarified that Mr. Whitcombe had inspected both the sidewalk of the reported address and the sidewalk of the complainant. Mr. Whitcombe had inspected the wrong one first (the callers address) inadvertently and then he went on to the other address on the log. Mr. Whitcombe marked several flags, some of which were on the property of the complainant. Mr. Tatigian clarified that the written reprimand would be placed in Mr. Whitcombe's personnel file and would be removed in 18 months. Mr. Tatigian inquired if Mr. Whitcombe had ever received any verbal reprimand prior to this incident. Mr. Dauffenbach responded "No." Mr. Dauffenbach continued that the homeowner might have been upset because he thought he might have to pay for the repair of the sidewalk. Mr. Dauffenbach staled that Cheryl Wallman, Engineering Assistant II, and Rick Grodek, Civil Engineer II, were the supervisory personnel who went out to the location of the complaint and wrote a report following the interview of the homeowner. Mr. Dauffenbach stated to date, he did not have a copy of Mr. Grodek's report. Mr. Schron, City Engineer, stated that the disciplinary action involved was appropriate. Mr. Schron informed the Commission that the original form that Mr. Whitcombe was given, the address that Mr. Whitcombe was to go inspect, 19436 Donna, was highlighted. Mr. Schron added that the conversation that Mr. Whitcombe had with the homeowner, stating that if the sidewalk was not repaired the homeowner could lose his house, was not representative of how he should have communicated with the homeowner. Mr. Schron continued that Mr. Whitcombe has been Page 11 1201 A Regular Meeting June 16, 2004 employed in the Engineering Division since 2000 and should have been experienced in the appropriate communication skills required with residents. Ms. Mahoney inquired if he had been trained in communication skills. Mr. Schron responded that they do provide training if the Civil Service Department has a course that comes up citywide. Mr. Campau stated that usually there is a verbal reprimand first if there are previous examples of an employee having communication problems with homeowners. Mr. Schron responded that due to the degree of the communication that took place, a written reprimand was appropriate. The homeowner was upset because of the level of liability that was expressed and the fact that the conversation continued on for a long period of time concerning his potential liability. Ms. Mahoney clarified that when the Engineering Department sent out the log, the Donna address was highlighted. Mr. Whitcombe was sent to the Donna address in order to look at what was a resident complaint. In the process of looking at Donna, Mr. Whitcombe continued to look at the general area for other defective flags. Mr. Tatigian inquired if the work he did, putting the flags in place, was improperly done. Mr. Schron staled the work appeared to be appropriate. Mr. Tatigian clarified that the resident who complained was mad because the inspector noted that he also, has flags that need to be replaced and that may have led to his complaint about Mr. Whitcombe. Mr. Schron reiterated that Mr. Whitcombe exaggerated the impact of failure to replace the sidewalks. Mr. Tatigian explained that there is secondary liability to the property owner if there is a defective sidewalk. Upon a motion by Mr. Tatigian, seconded by Mr. Campau and unanimously adopted, it was RESOLVED, That having reviewed AFSCME Union Local 192 Grievance #04-11, dated May 25, 2004, from Bruce Whitcombe, Engineering Assistant I, regarding a written reprimand, and having had discussion with John Dauffenbach, Union Steward, AFSCME Union Local 192, and Robert Schron, City Engineer, the Civil Service Commission does hereby grant the request to remove the written reprimand from Mr. Whitcombe's personnel file. Ms. Mahoney recommended that if the City budget allowed, that training be conducted for all employees involved in customer relations and that Mr. Whitcombe should attend. Mr. Schron recommended that the training be offered in the month of November. Ms. Rutan stated that there was a gentleman in the audience who wished to have discussion with the Civil Service Commission. She reported that Christopher Martin came to her office out of concern regarding a matter that the Commission reviewed at their May 20, 2004 meeting concerning the amendment to the classifications of positions plan to establish the temporary classification of Police Vehicle Maintenance Coordinator. Ms. Rutan stated she advised Mr. Martin that his appropriate recourse, rather than addressing this at the City Council regular meeting tonight, was to address the Commission because he questioned the proposed qualifications for the position. Ms. Rutan brought copies to the Commission of what was received last month, as well as supporting correspondence to the City Council. She clarified that this request has not yet been formally adopted by City Council and this is a temporary classification with the only compensation to be an hourly rate of pay. Ms. Mahoney recalled this was to determine whether this would be useful to have in the Department. Police Chief Robert Stevenson presented the request to the Commission last month and identified that for the preceding 25 years, the coordination of the police vehicle maintenance has been handled by a Page 12 1201 st Regular Meeting June 16, 2004 certified Police Officer and with the reorganization of the Department; it was the intention to take nonessential responsibilities and reassign them to appropriate civilian staff. Chief Stevenson added that the classification was recommended to be approved on a temporary basis to see if the Department found it successful, and if so, a request would be made to the Commission for a permanent classification with appropriate wage and benefits. Ms. Rutan then introduced Christopher Martin. Mr. Martin stated he happened to be at the Council Study meeting of June 7, 2004 and when he heard the request to establish the classification of Police Vehicle Maintenance Coordinator he wanted to see what the qualifications were. Mr. Martin stated he tried to pick up a copy of the qualifications today from the Civil Service Department. Mr. Tatigian asked him to state his name and address for the record and what his interest was in this matter. Mr. Martin responded 11037 Hubbard Street, Livonia, Michigan 48150. Mr. Martin added that he was a resident for fifty-one (51) years. Mr. Tatigian directed that Mr. Martin be provided a copy of the qualifications. Ms. Rutan slated earlier in the day she asked Mr. Martin to put his request in writing under the Freedom of Information Act, but he didn't want to do that. Mr. Martin stated the Study meeting was last week and the Police Vehicle Maintenance Coordinator position was discussed briefly. Mr. Martin also stated he didn't want to take the time to fill out the Freedom of Information Act form because the Council meeting would be over with before he received the information. He continued that he just wanted to see what the requirements were. Mr. Martin replied that his interest was that he attended various meetings as a concerned citizen. Mr. Martin also stated he did not want to apply for the job. Upon a motion by Mr. Campau, seconded by Mr. Tatigian and unanimously adopted, it was RESOLVED, That the meeting be adjourned at 7:35 p.m. Gretchen Guisbert, Secretary III Charlotte S. Mahoney, Chairperson Harry C. Tatigian, Commissioner Ronald E. Campau, Commissioner