HomeMy WebLinkAbout1267th CSC Meeting (December)1267' REGULAR MEETING OF THE
CIVIL SERVICE COMMISSION
The 1267^ Regular Meeting of the Civil Service Commission was held on Wednesday,
December 9, 2009. The meeting was called to order at 5:34 p.m.
Members Present:
Also Present:
Keith Besonen, Sewer Maintenance
Worker I
Colleen Coogan, Chief Accountant
Ward Cowen, Sewer Maintenance Worker I
John Dauffenbach, Chief Clerical Steward,
AFSCME Union Local 192
Ed Hoffman, Equipment Operator II
Debra Jamieson, Equipment Operator II
Walt Krzeukowski, Meter Foreman
William Kuchera, Equipment Operator II
Yvonne Lillibridge, Account Clerk III
Ronald Campau, Chairperson
Charlotte S. Mahoney
Harry C. Tatigian
Charles Locke, President, AFSCME Union
Local 192
Sharon McGrady, Account Clerk III
Roger Ponder, Equipment Operator II
Marilyn Pullin, Account Clerk II
James Sturgill, Equipment Operator III
Ken Widmer, Equipment Operator I
Brian Wilson, Superintendent of Public
Service
Robert F. Biga, Human Resources Director
Gretchen Guisbert, Secretary III
Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian and unanimously adopted, it was
09-214 RESOLVED, That the minutes of the 1266'h Regular Meeting held
Wednesday, November 18, 2009, be approved as submitted.
Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was
09-215 RESOLVED, That having reviewed the letter of November 30,
2009, from Brenda Smyser, Legal Steno I, approved for submission by Donald
L. Knapp, Jr., City Attorney, requesting additional family illness leave, the Civil
Service Commission does hereby affirm the administrative approval of Ms.
Smyser's request for an additional six (6) days for the calendar year 2009 from
her sick bank to be charged as family illness, and an additional six (6) days for
the calendar year 2010 from her sick bank to be charged as family illness, with
the understanding that she must first use the eight (8) eight (8) hour days in
2010, as provided in the Civil Service Commission Rules.
09-216 RESOLVED, That having reviewed the letter of November 30,
2009, from Stephen Woida, Park Maintenance Worker I, and approved for
submission by Brian Wilson, Superintendent of Public Service and Kevin
Maillard, Director of Public Works, requesting an unpaid medical leave of
absence, the Civil Service Commission does hereby affirm the administrative
approval of Mr. Woida's request for a sixty (60) day unpaid medical leave of
absence beginning on December 18, 2009, subject to Mr. Woida submitting
Paget 1267" Regular Meeting December 9, 2009
medical documentation from his personal physician should he not return to work
by January 31, 2010.
09-217 RESOLVED, That having reviewed the Departmental
Correspondence of November 5, 2009, from Thomas Goralski, Police
Lieutenant, as approved for submission by Robert Stevenson, Police Chief,
requesting carry over of vacation days based on a projected retirement date of
November 5, 2012, the Civil Service Commission does hereby affirm the
administrative approval to carry over excess vacation days;
AND BE IT FURTHER RESOLVED, that the maximum number of days
permitted for payoff at retirement is sixty-eight (68) as set forth in the Livonia
Lieutenants and Sergeants Association centrad, Article 16.E., Vacation Accrual
and Civil Service Commission Rule 25, LEAVES, Section 25.1 Annual Leave
(Vacation), paragraph (f);
AND BE IT FURTHER RESOLVED, that the maximum number of days is based
upon the employee qualifying for the bonus vacation days for not using more
than five (5) sick leave days annually in the three (3) years immediately prior to
retirement;
AND BE IT FURTHER RESOLVED, that the maximum days payable will be
reduced by the number of bonus vacation days for which Mr. Goralski does not
qualify.
09-218 RESOLVED, That having reviewed the letter received on
December 1, 2009, from Karen Delany, Program Supervisor, as approved for
submission by Kathleen Monroe, City Librarian, requesting carry over of
vacation days based on a projected retirement date of November 28, 2012, the
Civil Service Commission does hereby affirm the administrative approval to
carry over excess vacation days;
AND BE IT FURTHER RESOLVED, that the maximum number of days
permitted for payoff at retirement is fifty-seven (57), as set forth in Civil Service
Commission Rule 25, LEAVES, Section 25.1 Annual Leave (Vacation),
paragraph (4);
AND BE IT FURTHER RESOLVED, that the maximum number of days is based
upon the employee qualifying for the bonus vacation days for not using more
than five (5) sick leave days annually in two (2) of the three (3) years
immediately prior to retirement;
AND BE IT FURTHER RESOLVED, that the maximum days payable will be
reduced by the number of bonus vacation days for which Ms. Delany does not
qualify.
Page 1267" Regular Meeting December 9, 2009
09-219 RESOLVED, That having reviewed the letter of November 28,
2009, from Mary Kelly, Librarian II, as approved for submission by Kathleen
Monroe, City Librarian, requesting carry over of vacations days based on a
projected retirement date of November 28, 2012, the Civil Service Commission
does hereby affirm the administrative approval to carry over excess vacation
days;
AND BE IT FURTHER RESOLVED, that the maximum number of days
permitted for payoff at retirement is fifty-seven (57), as set forth in Civil Service
Commission Rules 25, LEAVES, Section 25.1 Annual Leave (Vacation),
paragraph (4);
AND BE IT FURTHER RESOLVED, that the maximum number of days is based
upon the employee qualifying for the bonus vacation days for not using more
than five (5) sick leave days annually in two (2) of the three (3) years
immediately prior to retirement;
AND BE IT FURTHER RESOLVED, that the maximum days payable will be
reduced by the number of bonus vacation days for which Ms. Kelly does not
qualify.
09-220 RESOLVED, That having reviewed the Departmental
Correspondence of November 5, 2009, from Shelley Holloway, Police Sergeant,
as approved for submission by Robert Stevenson, Police Chief, requesting to
carry over excess vacation days, based on extraordinary circumstances, the
Civil Service Commission does hereby affirm the administrative approval of Sgt.
Holloway's request to carry over excess vacation hours into 2010, subject to the
following conditions:
That Sgt. Holloway be allowed to carry over any furlough in
excess of the maximum accumulation of thirty (30) days.
That the waiver of furlough carryover is a one-time event.
That Sgt. Holloway's furlough banks must be used during 2010
subject to the normal restrictions.
This waiver shall not increase the number of hours that would be
paid out at retirement.
09-221 RESOLVED, That the Civil Service Commission does hereby
confirm the administrative approval of the eligible list for Clerk II (1303 p.).
The Commission received and fled the following:
Status of Temporary Employees Report for November 2009.
Non -Resident Report as of December 1, 2009.
Current Open -Competitive and Promotional Eligible Lists as of
December 1, 2009.
Affirmative Action Report for November 2009.
Page 12W° Regular Meeting December 9, 2009
Expiring eligible lists for the month of January 2010 — Building Mechanic
IV (91 o.c.), Police Crime Analyst (895 o.c.) and Sign Maintenance
Worker I (1287 p.).
Removal of names from active eligible list report for the month of
December 2009 — none.
Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian and unanimously adopted, it was
09-222 RESOLVED, That having reviewed the Departmental
Correspondence of December 2, 2009, from Janice Patterson, Personnel Clerk,
as approved for submission by Robert F. Biga, Human Resources Director,
requesting permission to carry over vacation days in excess of the maximum
based on a new projected retirement date of November 30, 2012, the Civil
Service Commission does hereby approve Ms. Patterson's request to carry
over excess vacation days up to a maximum payout of fifty-seven (57) days as
provided by Civil Service RULE 25, LEAVES, Section 25.1;
AND BE IT FURTHER RESOLVED, that the maximum number of days is based
upon the employee qualifying for the bonus vacation days for not using more
than five (5) sick leave days annually in two (2) of the three (3) years
immediately prior to retirement.
Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was
09-223 RESOLVED, That having reviewed the Departmental
Correspondence of December 2, 2009, from Thomas K. Funke, Police Officer,
as approved for submission by Robert Stevenson, Police Chief, requesting
permission to carry over vacation days in excess of the maximum based on a
new projected retirement dale of December 2, 2012, the Civil Service
Commission does hereby approve Officer Funke's request to carry over excess
vacation days up to a maximum payout of sixty (68) days as provided by the
Livonia Police Officers Association Contract, Article 22.7, Vacation Accrual and
RULE 25, LEAVES, 25.1, paragraph (f) of the Civil Service Commission Rules
and Regulations;
AND BE IT FURTHER RESOLVED, that the maximum number of days is based
upon the employee qualifying for the bonus vacation days for not using more
than five (5) sick leave days annually in the three (3) years immediately prior to
retirement.
Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was
09-224 RESOLVED, That having reviewed the Departmental
Correspondence of November 25, 2009, from Todd Scott, Police Sergeant, as
approved for submission by Robert Stevenson, Police Chief, requesting to carry
over excess vacation days, and based on Sgt. Scott notifying the Civil Service
Department of his intention to terminate employment in January 2010, the Civil
Pages 1267" Regular Meeting December 9, 2009
Service Commission does hereby affirm the administrative approval of
Sgt. Scott's request to carry over excess vacation hours into 2010, subject to
the following conditions:
That Sgt. Scott be allowed to carry over any furlough in excess of
the maximum accumulation of thirty (30) days.
That the waiver of furlough carryover is a one-time event.
That Sgt. Scott's furlough banks must be used during 2010
subject to the normal restrictions.
This waiver shall not increase the number of hours that would be
paid out at retirement.
Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was
09-225 RESOLVED, That having reviewed the Departmental
Correspondence of December 1, 2009, from Duane Cole, Police Officer, as
approved for submission by Robert Stevenson, Police Chief, requesting
permission to carry over vacation days in excess of the maximum based on a
new projected retirement dale of December 1, 2012, the Civil Service
Commission does hereby approve Officer Cole's request to carry over excess
vacation days up to a maximum payout of sixty (68) days as provided by the
Livonia Police Officers Association Contract, Article 22.7, Vacation Accrual and
RULE 25, LEAVES, 25.1, paragraph (f) of the Civil Service Commission Rules
and Regulations;
AND BE IT FURTHER RESOLVED, that the maximum number of days is based
upon the employee qualifying for the bonus vacation days for not using more
than five (5) sick leave days annually in the three (3) years immediately prior to
retirement.
Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian and unanimously adopted, it was
09-226 RESOLVED, That having reviewed the Departmental
Correspondence of December 1, 2009, from Gregory Winn, Police Lieutenant,
as approved for submission by Robert Stevenson, Police Chief, requesting
permission to carry over vacation days in excess of the maximum based on a
new projected retirement dale of December 1, 2012, the Civil Service
Commission does hereby approve Lieutenant Winn's request to carry over
excess vacation days up to a maximum payout of sixty (68) days as provided by
the Livonia Police Lieutenants and Sergeants Association Contract, Article 16,
VACATION, paragraph E., Vacation Accrual and RULE 25, LEAVES, 25.1,
paragraph (f) of the Civil Service Commission Rules and Regulations;
AND BE IT FURTHER RESOLVED, that the maximum number of days is based
upon the employee qualifying for the bonus vacation days for not using more
Page 6 1267" Regular Meeting December 9, 2009
than five (5) sick leave days annually in the three (3) years immediately prior to
retirement.
Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was
09-227 RESOLVED, That having reviewed the letter of December 1,
2009, from David R. Bryant, Project Foreman, as approved for submission by
Kevin Maillard, Director of Public Works, requesting permission to carry over
vacation days in excess of the maximum based on a new projected retirement
date of December 1, 2012, the Civil Service Commission does hereby approve
Mr. Bryant's request to carry over excess vacation days up to a maximum
payout of fifty-nine (59) days as provided by the AFSCME Union Local 1917
Contract, Article 28. VACATIONS, paragraph F. and RULE 25, LEAVES, 25.1,
paragraph (f) of the Civil Service Commission Rules and Regulations;
AND BE IT FURTHER RESOLVED, that the maximum number of days is based
upon the employee qualifying for the bonus vacation days for not using more
than five (5) sick leave days annually in two (2) of the three (3) years
immediately prior to retirement.
Upon a motion by Mr. Tatigian, seconded by Ms. Mahaney and unanimously adopted, it was
09-228 RESOLVED, That having reviewed the memorandum of
December 1, 2009, from Robert F. Biga, Human Resources Director, requesting
a promotional examination for Police Lieutenant 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, at the
closing date of this examination, are employed in the Police Division of the
Department of Public Safety as a Senior Sergeant or have regular status in the
classification of Sergeant and, have had at least four (4) years of experience,
immediately preceding the closing date of the examination, as Sergeant in the
City of Livonia. Experience is counted through April 8, 2010.
PARTS OF EXAMINATION AND WEIGHTS
Written Test -50% Interview -25% Departmental Rating -25%
Candidates must pass the Written Test, Interview, and Departmental Rating in order to be
placed on the promotional eligible list.
Page] 120T° Regular Meeting December 9, 2009
Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian and unanimously adopted, it was
09-229 RESOLVED, That having reviewed the memorandum of
November 25, 2009, from Robert F. Biga, Human Resources Director,
requesting a promotional examination for Police Sergeant and proposed
qualifications and parts of examination and weights, the Civil Service
Commission does hereby approve the following qualifcations and parts of
examination and weights:
QUALIFICATIONS
This examination is open only to employees of the City of Livonia, who, at the
closing date of this examination, are employed in the Police Division of the
Department of Public Safety; have regular status in the classification of Police
Officer; and have had at least five (5) years of experience, immediately
preceding the closing date of the examination, as a Police Officer in the City of
Livonia. Experience is counted through April 8, 2010.
PARTS OF EXAMINATION AND WEIGHTS
Written Test -60% Interview -15% Departmental Rating -25%
Candidates must pass the Written Test, Interview, and Departmental Rating in order to be
placed on the promotional eligible list.
Brian Wilson, Superintendent of Public Service, presented a request for an extension of
probation for Kimberly Heinzelman, Water Meter Repairer I and explained that there is some
time left on Ms. Heinzelman's original probationary period, however, if they waited until the
next meeting it would be well beyond the probationary period. He announced that the
Foreman was also present at this meeting if the Commission had any questions and he felt
that this situation could be turned around and they want to give the opportunity to allow for
improvement.
Mr. Tatigian commented that there had been situations where an employee's probationary
period had been extended and later they were trouble for the other employees in the
Department. Brian Wilson confirmed that this situation would be closely monitored.
Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was
09-230 RESOLVED, That having reviewed the letter of December 9,
2009, from Brian Wilson, Superintendent of Public Service, requesting a three
(3) month extension of probation for Kimberly Heinzelman, Water Meter
Repairer I, the Civil Service Commission does hereby approve a three (3)
month extension of probation for Ms. Heinzelman, to March 14, 2010.
Charles Locke, President, AFSCME Union Local 192, introduced John Dauffenbach, Chief
Clerical Steward, to present AFSCME Grievance #09-30, who explained that Ms. Sue
Page 1267" Regular Meeting December 9, 2009
Williamson was off work on a medical leave and a non-union employee filled in during her
absence. He referenced Articles 5 and 19 of their contract and it appeared that the union
should have sovereignty over union work. He also believed there was ample time to post
the vacancy and get another AFSCME Union 192 person to fill in. He stated this could have
been offered to employees within the Department or as an overtime opportunity to other
employees, but a non-union employee was chosen to fill a union position.
Mr. Campau inquired who the aggrieved employee was. Mr. Dauffenbach replied he had a
list of other employees who could have worked and any or all of them could have been
offered the opportunity and they were not. Mr. Campau asked Mr. Dauffenbach if the
Commission were to approve this grievance who would be given the pay? Mr. Dauffenbach
responded that they were not as concerned about the pay as they were about this setting a
precedent of using non-union personnel in a union position.
Ms. Mahaney referred to the remedy requested where it states "Pay senior permanent part-
time union employee for lost opportunity for additional hours or pay Accounting employees
for lost overtime opportunity." Mr. Dauffenbach stated that there were several employees
laid off from the Library and he was sure any one of those employees would have liked to
make some additional money.
Mr. Locke slated from a union standpoint, it is a tragedy to fill a union position with a non-
union body. He further slated there was contract language that clearly states if you have an
opening; it will be filled in a certain pecking order. If there was no one to fill it, there could
have been opportunity for somebody else to fill it or hire another union person, but don't go
outside the union to fill it.
Mr. Biga, Human Resources Director, stated Colleen Coogan, Chief Accountant was
present. He stated the Union was citing a provision in the contract that refers to transfers
when there is a vacant position. This position was not vacant. Therefore Article 39 of the
contract would be applicable. In that case, the senior person within the Department meeting
the qualifications would get the job. The Department was already working overtime and they
had no one left in the Department to temporarily assign to this additional work. Normally,
former employees have been brought back, or someone is hired from outside on a
temporary basis as needed to supplement staff.
In this instance, there was an existing part -lime, non-union employee working in the Mayors
office, who was asked to work part-time to supplement the work force. This person was able
to coordinate their schedule to work part -lime in bath the Mayor's office and the Finance
Department. Mr. Biga stated there was no violation of the contract. It is requested the
Commission deny the grievance.
Mr. Biga asked Colleen Coogan, Chief Accountant, if she had anything to add. Ms. Coogan
responded that the characterization that this was to replace a union employee who was off,
was a mischaracterization. The employee was used just to help. She did more than just the
absent employee's work. Mr. Tatigian inquired how many hours were worked by the
supplemental employee. Ms. Coogan stated a total of forty (40) hours were worked over two
(2) weeks, at twenty (20) hours per week.
Page 9 12W Regular Meeting December 9, 2009
Mr. Dauffenbach stated that when Ms. Marvel was re-employed, she was retired and
brought back on a temporary basis, with the Civil Service Commission approval. Nobody
signed the posting and then Ms. Marvel was brought back on a temporary basis. He stated
there was precedence for posting the job first and hiring someone outside of the union was
outside of the union spirit.
Charles Locke, President, AFSCME Union Local 192, concurred with Mr. Biga that the
wrong Article was cited, it was Article 39 and nowhere in Article 39 does it say that if you
cannot find a union employee, it was ok to get anyone else to fill the job. The contract
clearly states that a Union employee will be utilized. He added that this has nothing to do
with the Mayor's office or any other office that has non -represented employees. This is
clearly dealing with 192 members and its affairs.
Mr. Tatigian asked Mr. Locke if they took a union person, wouldn't that leave their position
shorthanded. Mr. Dauffenbach clarified that there were permanent part-time union
employees, such as from the Library who could work these hours.
Mr. Biga stated the Department didn't have anybody available and Management has the
right to find an individual. Mr. Biga added that it was possible to use a variety of ways to find
an employee to fill vacancies. Normally, retirees are called back. In this case retirees were
not available. The position needed to be filled quickly. Ms. Mahoney indicated that as a
retiree, they are not paying union dues and the issue should have been grieved when Ms.
Marvel was hired. Mr. Locke stated that was different because that job was posted before it
was offered to Ms. Marvel. Ms. Mahoney inquired if that job was posted because it was for
more than a two (2) week period. Mr. Biga clarified there have been both short-term and
long-term assignments. In the case of long -tern they would post it to see if someone
wanted to transfer. But for short -tern, they do not post all of them.
Mr. Tatigian asked if in the past the Union had objected to the past practice of bringing back
retirees. Mr. Locke said if it is posted to the active union members first, they do not object.
He said this was similar to a situation like a water break, where a truck driver is needed right
now. They go through a list of union employees and they fill it. First they go with the people
that are assigned with the Water Section and then they go outside of that. Mr. Locke
suggested that if a little more effort were put into this, they could have found a union
employee to fill this.
Ms. Coogan stated she has utilized the Civil Service lists previously for supplemental help.
She doesn't recall that a job was posted before calling Ms. Marvel for supplemental help.
Mr. Campau inquired how long a posting took. Mr. Biga replied the process takes at least a
week. The Department anticipated a high volume of phone calls due to a large billing cycle
going out and Ms. Coogan thought about it and she needed someone to come in while the
employee was still there so they could be shown their duties. The Civil Service Commission
reviewed their list and came up with someone having previous water and sewer knowledge
and the person worked out well. Previous to this, she had a temporary employee, Lillian
Little. She added that Ms. Marvel is working now on a temporary basis due to a vacancy
and she was not aware if this was posted. Ms. Coogan stated that the person they used to
fill the vacancy needed to be able to take in money.
Page 10 1267" Regular Meeting December 9, 2009
Mr. Campau suggested that in the future Mr. Biga and Ms. Coogan try to get someone from
the union when filling these temporary vacancies. Mr. Biga replied that if contract language
was violated, they would comply with the contract. There is no mandate and we hire
supplemental help all the time and they are not "union' people. We have not violated
anything in the contract and unless it's restricted by the contract, Management has the right
to manage its affairs. Mr. Campau reiterated that if it is a union position, they should try to
look for a union person first. Mr. Dauffenbach responded that was his point exactly.
Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian and unanimously adopted, it was
09-231 RESOLVED, That having reviewed AFSCME Union Local 192
Grievance #09-30, dated October 28, 2009, regarding the employment of a
non-union employee, and having discussion with Charles Locke, President,
AFSCME Union Local 192; John Dauffenbach, Chief Clerical Steward,
AFSCME Union Local 192; Colleen Coogan, Chief Accountant and Robert F.
Biga, Human Resources Director, the Civil Service Commission does hereby
deny the grievance based on the fact that no contract violation occurred and no
individual employee was aggrieved.
Charles Locke, President, AFSCME Union Local 192, presented a letter of December 4,
2009, regarding donated vacation time for Duane Besonen, Custodian and explained that
there has been no official action regarding whether the time would count toward Mr.
Besonen's vesting in the retirement system. He recalled that at last month's Civil Service
Commission meeting, the Commission approved allowing the donation of vacation time to
Mr. Besonen and Mr. Biga didn't think that the donated time should count toward vesting.
From the Union's standpoint, there has never been an issue regarding donated time being
counted as pension credited service time. If Mr. Besonen wasn't so close to his len (10)
year mark, he didn't think this would become an issue. The hours that are donated come
out of someone else's bank, and all the benefits that we pay for are paid for out of this time.
Mr. Campau inquired how much time Mr. Besonen had with the City of Livonia. Mr. Locke
replied it was approximately nine (9) years and after checking with Ms. McBmdy, she
advised his continuous service date is April 3, 2000 and Mr. Besonen had some unpaid time
oft, so he needed about 5 or 6 months to vest for the ten (10) years. She also informed the
Commission that no one has come up against this before and there needed to be guidelines.
Mr. Campau believed someone should actually work the years and Mr. Locke responded
that there is a reason for the ten (10) years, and there should also be a certain human factor
that is looked at due to extenuating circumstances. Mr. Besonen is not an individual who is
trying to pull a scam on the City. He is hopefully recovering and hopefully going to be able to
return to work.
Mr. Tatigian asked if Mr. Besonen was working now. Mr. Locke staled Mr. Besonen was not
working right now because he was on a medical leave. Mr. Tatigian clarified that Mr.
Besonen was not here for purposes of earning time toward his retirement. Mr. Locke
reiterated Mr. Besonen had suffered catastrophic events in his life through no fault of his
own and this was not an attempt to manipulate the system or be devious in any way. Mr.
Tatigian asked why he didn't take a disability and Mr. Biga advised that employees have to
Page 11 1267" Regular Meeting December 9, 2009
work len (10) years to be entitled to a disability pension on a non -duty disability. He also
advised an employee could apply for Social Security disability benefits if they are eligible.
Ms. Mahoney asked if there was a possibility that Mr. Besonen would not be able to return to
work and fulfill his ten (10) years on his own. Mr. Besonen's brother Keith, who is also
employed by the City, was present. Ms. Mahoney stated her concern was that if the
donated vacation time takes him to his ten (10) years, and then he is unfortunately unable to
return to work, then he has not worked ten (10) years on his own and it is a fine line that you
earn your vesting by your own labor. It is nice that his fellow employees and friends allow
him to keep that job open and to keep some income as he attempts to come back. Ms.
Mahoney believed that any donated hours beyond the ten years the employee earned could
go toward his service credit. Mr. Locke inquired what do you do with other employees that
have retired that have received time. Mr. Biga stated there were no employees this
pertained to. Ms. Lillibridge confirmed that she didn't think this would have affected anyone
because employees that had time donated did not make it to retirement and it wasn't an
issue. Ms. Lillibridge commented that in Payroll when they get letters requesting to donate
vacation time, it has never been treated as anything other than vacation so that when the
hours are used, pension and Voluntary Employees Beneficiaries Association (VEBA) are
charged for the employee deduction and the City benefit part. A Defined Contribution
employee, as far as pension money is concerned, is vested after four (4) years. After ten
(10) years they would be eligible for disability pension or the hospitalization benefits. If an
employee doesn't have ten (10) years, they don't qualify for hospitalization. The Defined
Benefit plan was closed in 1997 and since then, everyone is in the Defined Contribution
plan. She stated she was confused why this becomes an issue and not individualized for
anybody. She also did not understand why this time is not being viewed as part of an
employee's seniority for vesting when people are giving up their benefit to help another
employee.
Mr. Biga advised that there is no Civil Service policy regarding donated leave time, but there
is a draft policy. One of the reasons for reviewing the policy is because you will never get all
of the issues taken care of. This is one issue that has arisen as part of this consideration.
No one from the Defined Contribution plan that received donated time has made it to ten
(10) years of service, so it is a moot issue. There was one (1) person in the Defined Benefit
plan who already was vested, so it was a moot issue for that person as well. In regards to
this issue, Mr. Biga stated he was attempting to call to the attention of the Civil Service
Commission a potential concern with regard to the vesting. A statement was made about
vesting in the Defined Contribution plan which occurs after four (4) years, which means you
have access to the City's contributions. It does not mean you are entitled to a pension. In
order to be eligible for a pension, you have to refer to the Defined Benefit plan, which
requires that you have ten (10) years of service and you reach age 55. Then you are
considered a retiree. If you leave with len (10) years of service you could be a deferred
retiree and when you reach age 55 then you could receive benefits. The benefits for the
Defined Contribution plan are the medical benefits. Retirement service credit for pension
purposes is a different issue than seniority. If Mr. Besonen did not have access to donated
time, he would be on an unpaid leave of absence. The Civil Service Commission would
approve a request for an unpaid medical leave of absence which protects the employee's
seniority, but they get no service credit for pension purposes. Mr. Besonen has to be off
work on an approved leave of absence for sickness because he can't come to work. By
allowing donated time to go to Mr. Besonen, we are providing him with an income. That is
Page 12 12W Regular Meeting December 9, 2009
separate. One of the things that needs to be considered as part of the donated leave policy
is whether the City is going to allow donated time to be approved to vest for a pension. Mr.
Biga referenced that the State of Michigan has a variety of pension plans. They permit the
purchase of what they call universal time, but the employee still has to vest by working ten
(10) years of actual service time. He advised that the Commission has an option to
terminate the policy of donated time because it is not protected by any part of the labor
contract. There are other people on unpaid leaves of absence who do not have people
donating time to them.
A rude comment was made from the audience and the Chairperson stated that conduct was
out of order. Mr. Campau warned that if any other comments were made, the person would
be asked to leave the meeting.
Mr. Biga continued by stating he would prepare a policy for the Commission's review and if
they chose to continue the policy there would be restrictions, as there have been in the past.
The restrictions protect the employee as well as the City.
Ms. Mahoney inquired if an employee donated time before they were vested, what happens
to that individual who donated time. She understood they would lose the vacation time, but
she didn't know what would occur with the other benefits. Mr. Biga advised that everything
donated would benefit the recipient.
Mr. Campau asked Mr. Locke what their specific request is. Mr. Locke replied that the
request was that donated time to Mr. Besonen counted toward vesting. Ms. Mahoney
indicated she thought the union's request was just to discuss the issue and she was not
ready to make a decision that would impact the policy. If they made a decision, that may
interfere with the creation of an official policy and Ms. Mahoney hoped this employee would
be able to return to work and have many years of employment with the City.
Ed Hoffman, Equipment Operator II, stated he donated time to Mr. Besonen who he believes
is a model employee, not a problem child and he has friends, that's why he had donated
time. He requested the Commission not use the employee as an example for the proposed
policy. Ms. Mahoney responded that this gave the Commission an opportunity to
understand they have a little more work to do before establishing a policy.
Mr. Locke discussed a hypothetical situation that if Mr. Besonen returned to work, obtained
the ten (10) years after using all the donated time, but some of the time was through
donated time, will the Commission determine Mr. Besonen is not entitled to the medical
benefit because he physically wasn't here, even if he mel his financial obligations towards
that? Ms. Mahoney stated that as the policy stands right now, anybody who terminates
employment with less than ten (10) years of service is not eligible for that benefit. That is
the rule. The Commission will try to establish if this rule needs to be amended.
Mr. Campau thanked Mr. Locke for his presentation and for the opportunity for the
discussion and indicated there was no action needed at this meeting.
Mr. Biga explained that in regards to Livonia Police Lieutenants and Sergeants Association
Grievance, #09-01, dated December 4, 2009, regarding Police Sergeant Todd Scott
Page 13 120T° Regular Meeting December 9, 2009
reimbursing the City of Livonia for tuition for obtaining his Ph.D., in accordance with Article 7
(A), Grievance Procedure of the LLSA contract, the Union can request that the Grievance
bypass the Civil Service Commission and proceed directly to arbitration. The Civil Service
Commission has to agree with that and Mr. Biga advised the City has no objection to this
going directly to arbitration.
Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was
09-232 RESOLVED, That having reviewed Livonia Police Lieutenants and
Sergeants Association Grievance #09-01, dated December 4, 2009, regarding
Police Sergeant Todd Scott reimbursing the City of Livonia for tuition for
obtaining his Ph.D., and subject to receipt of a letter from the President of the
LLSA Union confirming the request in writing for this to go to arbitration, the
Civil Service Commission does hereby approve the request to bypass the Civil
Service Commission and proceed directly to arbitration.
Mr. Biga stated there was a need to rescind a couple of Commission Resolutions due to the
City administration not wanting to pursue them at this time.
Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian and unanimously adopted, it was
09-233 RESOLVED, That having reviewed the memorandum of
December 8, 2009, from Robert F. Biga, Human Resources Director, regarding
rescinding Civil Service Commission Resolution 07-263 regarding rate
adjustments for certain classified Department Heads, and Resolution 09-41,
establishing the classification of Deputy Fire Chief and a salary rate for that
classification, the Civil Service Commission does hereby approve rescinding
Civil Service Commission Resolution 07-263 and 09-41.
The Commission wished everyone a Happy Holiday.
Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian and unanimously adopted, it was
RESOLVED, That the meeting be adjourned at 6:35 p.m.
Gretchen Guisbert, Secretary III
Ronald E. Campau, Chairperson
Charlotte S. Mahoney, Commissioner
Harry C. Tatigian, Commissioner