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HomeMy WebLinkAbout1303rd CSC Meeting (December 5, 2012)1303rd REGULAR MEETING OF THE CIVIL SERVICE COMMISSION The 1303rd Regular Meeting of the Civil Service Commission was held on Wednesday, December 5, 2012. The meeting was called to order at 5:32 p.m. Members Present: Present: Robert Domenzain, President, LLFU James Pearen, Firefighter Phil Kamm, Fire Harry C. Tatigian, Chairman Brian Meakin Charlotte S. Mahoney Robert F. Biga, Human Resources Director Gretchen Guisbert, Secretary III Upon a motion by Ms. Mahoney, seconded by Mr. Meakin and unanimously adopted, it was 12-127 RESOLVED, that the Minutes of the 1302"d Regular Meeting held Wednesday, November 14, 2012, be approved as submitted. Upon a motion by Ms. Mahoney, seconded by Mr. Meakin and unanimously adopted, it was 12-128 RESOLVED, that the minutes of the 103rd Special Meeting held Wednesday, November 28, 2012, be approved as submitted. The Commission received and fled the following: a. Status of Temporary Employees Report for November 2012. b. Non -Resident Report as of December 1, 2012. C. Current Open -Competitive and Promotional Eligible Lists as of December 1, 2012. d. Affirmative Action Report for November 2012. e. Removal of names from active eligible list report for the month of November 2012. f. Expiring eligible lists for the month of January 2013 — Recreation Supervisor (938 o.c.), Equipment Operator II (1327 p.) — extended for six months to July 4, 2013; and Police Captain (1329 p.). Upon a motion by Ms. Mahoney, seconded by Mr. Meakin and unanimously adopted, it was 12-129 RESOLVED, That the Civil Service Commission does hereby amend the Civil Service Commission's prior resolution #12-107, regarding their meeting schedule for 2013, as follows: WEDNESDAY JANUARY 16, 2013 5:30 P.M. WEDNESDAY FEBRUARY 20, 2013 4:30 P.M. WEDNESDAY MARCH 13,2013 5:30 P.M. Paget 1303" Regular Meeting December 5, 2012 WEDNESDAY APRIL 17, 2013 4:30 P.M. WEDNESDAY MAY 8, 2013 5:30 P.M. WEDNESDAY JUNE 19, 2013 4:30 P.M. WEDNESDAY JULY 17, 2013 5:30 P.M. WEDNESDAY AUGUST 21, 2013 5:30 P.M. WEDNESDAY SEPTEMBER 18, 2013 5:30 P.M. WEDNESDAY OCTOBER 16, 2013 5:30 P.M. WEDNESDAY NOVEMBER 13, 2013 5:30 P.M. WEDNESDAY DECEMBER 4,2013 5:30 P.M. Upon a motion by Mr. Meakin, seconded by Ms. Mahoney and unanimously adopted, it was 12-130 RESOLVED, That having review the Departmental Correspondence from Shadd A. Whitehead, Fire Chief, requesting a step increase for James Pearen, Firefighter, based on Mr. Pearen's previous experience as a Firefighter or Paramedic and in accordance with past practice, the Civil Service Commission does hereby affirm their policy and approves a step increase to Step 3 for Mr. Pearen, to be effective December 5, 2012. Robert Biga, Human Resources Director, announced Livonia Firefighters Union (LFFU) Grievance #12-05, dated November 26, 2012, from Robert Domenzain, President, LFFU, regarding the deviation from the posted application process for the position of Training Coordinator (Fire) (1338 p.) allowing applicants to obtained credit for education completed after the closing date indicated on the examination announcement. Mr. Domenzain explained there were two (2) grievances listed on the Civil Service Commission meeting Agenda. The first one is a representative grievance fled by himself on behalf of the Union. Mr. Domenzain stated it was the Union's contention that during the posting for Training Coordinator (Fire) position, there were points awarded to Mr. Jennison in regards to a Bachelor's Degree that he was in the process of getting. Mr. Domenzain further stated Mr. Jennison was awarded the points at the November Civil Service Commission meeting and the Union feels that there was a deviation from the application process for the position of Training Coordinator. The points were awarded, and there is nothing against Mr. Jennison, but the Union feels that since Mr. Jennison did not have possession of his Bachelors Degree at the closing date of the application he should not have received the points. The Union requested as resolution to the grievance to deduct the points for Mr. Jennison and reposition the candidates according to how the candidates finished, after the deduction of those points. Ms. Mahoney stated the remedy requested on the Union grievance says `follow the application process as posted for the position of Training Coordinator." Mr. Tatigian noted that Mr. Kamm was in attendance at this meeting. Mr. Domenzain explained that Mr. Kamm Page 3 1303" Regular Meeting December 5, 2012 was the individual that submitted the second grievance, LFFU #12-06, which ultimately affected him. Mr. Tatigian suggested the Commission review Mr. Kamm's grievance at the same time with the first grievance because they were regarding the same issue. The Union had no objection to the request. Phil Kamm, Fire Engineer, explained that he had been in front of the Civil Service Commission about five or six years ago when Training Coordinator Kiurski was appointed. Mr. Kamm stated he had a Master's degree in Public Administration and he was trying to get the 4 points awarded because he exceeded the requirement to have a Bachelor's degree. At that time Mr. Kamm was told by the Commission that they had to go by the letter of the posting. He could not gel the points awarded because his degree was in Public Administration not Fire Science or an EMS curriculum, as required in the posting. Mr. Kamm stated by awarding the points to Mr. Jennison, it knocked him out of placing in the lop 3 candidates on the eligible list for Training Coordinator. Mr. Kamm explained that the candidates who passed the written test went on to the Assessment Center. After the Assessment Center the top three candidates would go on to an interview with the Mayor, the Chief and the Union board in an effort to sell yourself. Mr. Kamm believed this has caused controversy because he didn't get the opportunity to sell himself to the Mayor, the Chief and the Union. A person has since been appointed to the Training Coordinator position. Mr. Kamm staled that if the points should have been awarded, then go ahead and give Mr. Jennison the points, but he never saw any documentation that the Bachelor's degree was secured. Mr. Kamm questioned if the posting states you shall have all original documentation at the time of application, he didn't understand why the Civil Service Commission extended that time for a candidate to get his degree whenever he got it done. Mr. Tatigian stated he thought Mr. Kamm was right. In awarding Mr. Jennison the 4 points, the Commission was trying to be nice. Mr. Domenzain explained that David Heavener was selected from the eligible list and therefore, Mr. Kamm was now automatically #3 on the list. Mr. Kamm staled his goal was always to make the top three and to get the interview with the Mayor, Chief and the Union board to finally sell himself to them. Mr. Kamm thought due to this controversy, they didn't have interviews. Management was not contractually obligated to have the interviews. Management filled the position with the person who was #1 on the list. Mr. Kamm felt it had a lot to do with the controversy of this matter. Ms. Mahoney asked if Mr. Kamm thought because he was not in the lop three they decided not to interview. Mr. Kamm said, no, he was saying because of the controversy by awarding someone 4 extra points and allowing the top three, that now he had to file a grievance and the Union had to file a grievance to make it right. He believed that because there were no interviews, it stopped the process. Management appointed the #1 person and they were done with it. Mr. Meakin stated he thought the Commission was just doing something reasonable. At the time the application period closed, Mr. Jennison had nearly completed his degree. Mr. Jennison said he was awaiting his diploma in December. The college Mr. Jennison attended followed up by sending the Civil Service Department a letter staling all the requirements had been fulfilled for graduation. Mr. Meakin also stated he wasn't here six years ago so he didn't know what took place before. Mr. Meakin stated there is no controversy; it is between the Chief and the Mayor. Page 1303" Regular Meeting December 5, 2012 The Union didn't back Mr. Jennison going to the Civil Service Commission. They said go ahead if he wanted to present his case. The issue the Union has is if this scenario comes up again and it could. Mr. Heavener has the position. There is a six month probationary period. If for some reason Mr. Heavener decided he did not want the position, this position could be offered to the person in the number 2 or number 3 spot. Their contention is to move Mr. Kamm up because Mr. Jennison didn't have the degree in hand. That would make Mr. Kamm #3 on the list. He could interview for the current opening, where he couldn't have if he was #4. Their contract states the top three will be interviewed. Ms. Mahoney asked if Management was going to undo the position. Mr. Biga slated no. Ms. Mahoney clarified that since #1 was hired, the person that was #2 is now #1 on the list. The person that was #3 on the eligible list is now #2, and #4 on the list, Mr. Kamm, is now #3. In the event that something occurs and Mr. Heavener is no longer the Training Coordinator, the top 3 individuals on the eligible list would then be eligible to interview for a chance to sell themselves to the Mayor, the Chief and the Union. Mr. Kamm stated the reason he fled his grievance was because he didn't know they were going to appoint a person rather than go through an interview process. Mr. Kamm staled he filed this grievance was so he could try to get on the top 3 on the eligible list, have the interview and then they could select whomever they wanted from the top 3. Mr. Kamm believed the controversy was on the department's end, not the Civil Service Commission's, and had to do with no interviews being conducted. Ms. Mahoney asked for clarification as to what was the controversy? Mr. Kamm stated that the controversy is the delay the process of scheduling the interviews to see if in fact, the points that were awarded were earned. Ms. Mahoney stated the department could have interviewed #1 and #2 and waited for this meeting to happen. Then interviewed #3 after the Commission meeting, if any different action occurred. Ms. Mahoney agreed with Mr. Tatigian that the Civil Service Commission was trying to do a favor for someone who was within reach of something. Mr. Tatigian stated the Civil Service Commission has the authority to waive any and all requirements. Mr. Kamm stated the reason he was so adamant about this matter is because when he went to the Civil Service Commission with a Master's degree, he was told that degree was above and beyond the requirement and it couldn't be accepted because it wasn't to the letter of the posting. Mr. Kamm questioned that if his Master's degree gave him zero points, how can a Bachelor's degree be accepted when it wasn't completed by the deadline and wasn't presented at the time of application. Mr. Kamm asked why there were rules if they were not going to be followed. Mr. Biga explained that there is no grievance because there is no violation of a contract. As a result, this is an appeal of the Commission's determination. Officially, this is not something that could go beyond the Commission because it is not a violation of the LFFU contract. Mr. Biga agreed that what Mr. Kamm was saying was correct. He has a Master's degree in Public Administration. Unfortunately, the requirement is to have a degree in Fire Science or an EMS curriculum, not Public Administration. That was why he didn't get the points previously. Having a Masters degree is good but it is not in the curriculum that is set forth in the job announcement. The announcement said you have to have this degree by the closing date. The Civil Service Commission waived that requirement because Mr. Jennison's degree Pages 1303" Regular Meeting December 5, 2012 was granted within a reasonable period of time. The Commission tried to do something nice for that individual who had received his education, just like Mr. Kamm had, through reimbursement from the City. Mr. Tatigian asked if the paperwork was submitted. Mr. Biga advised the paperwork was not submitted because he didn't have it at the time of the closing, but subsequently the Civil Service Department received notification from his school that he got his degree. What Mr. Jennison said was that he would have a 4.0 GPA and this was his last class. He was sure he would be getting another "A." The issue is whether or not he met all of the requirements to qualify for the 4 points as of the closing date of the application period. He did not. The Civil Service Commission waived that requirement. What Mr. Kamm is saying is that the Civil Service Commission wouldn't waive the degree requirements for Fire Science or EMS for him. He had a Master's degree, which in his opinion was as good as or better than a Bachelor's degree in Fire Science. The concentration of the degree is different than getting the proper degree a week or two after the closing date. The Civil Service Commission could have recommended the Civil Service Department re -announce this with a new closing date. If this had occurred, with anyone having the degree requirement completed by October 29, then Mr. Jennison would have been fine. Mr. Tatigian stated that from now on he was going to adhere strictly to the announcement. Mr. Meakin stated since the Civil Service Commission had the right to waive that requirement, he offered the following resolution: Upon a motion by Mr. Meakin, seconded by Ms. Mahoney and unanimously adopted, it was 12-131 RESOLVED, That having reviewed Livonia Fire Fighters Union (LFFU) Grievance #12-05, dated November 26, 2012, from Robert Domenzain, Vice -President, LFFU, regarding the deviation from the posted application process for the position of training Coordinator (Fire) (1338 p.), and having discussion with Robert Domenzain, Vice -President, LFFU; Phil Kamm, Fire Engineer; and Robert Biga; Human Resources Director, the Civil Service Commission does hereby deny the grievance. Upon a motion by Mr. Meakin, seconded by Ms. Mahoney and unanimously adopted, it was 12-132 RESOLVED, That having review Livonia Fire Fighters Union (LFFU) Grievance #12-06, dated November 28, 2012, from Phil Kamm, Fire Engineer, regarding the award of education points to an applicant, and having discussion with Robert Domenzain, Vice -President, LFFU; Phil Kamm, Fire Engineer; and Robert Biga, Human Resources Director, the Civil Service Commission does hereby deny the grievance. Mr. Biga advised that with the appointment of Mr. Heavener to Training Coordinator, the remaining people on the list move up one position. Mr. Kamm is now #3 where he was #4 previously. In the event that Mr. Heavener, for whatever reason, does not satisfactorily complete his probationary period and a new certification of eligible is necessary, Mr. Kamm will be among the top 3 candidates and his name will be certified for a future opening. Ms. Mahoney asked how long the list was effective for and Mr. Biga stated it was effective for one year. The Civil Service Commission can extend the list for a longer period of time. Page 1303" Regular Meeting December 5, 2D12 Mr. Kamm stated he respected what Mr. Meakin said, but wanted to add that it was this type of decision making that confuses the rank and file and creates angst. Ms. Mahoney staled the difficulty is when an individual comes forward and asks the Civil Service Commission to act outside the rule and no one from the Union came in opposition to the request, it is difficult to decide whether or not they should allow a waiver. Mr. Kamm asked if an individual has a higher degree or has a Bachelor's degree that is closely related to a Fire Science or EMS curriculum, can that person then come to the Civil Service Commission and ask for a waiver to get those points awarded. Ms. Mahoney would be willing to look at the time difference because that is what makes the skill set or the qualifications of that individual change. If the Fire Department tells me they need a Fire Science degree or a specific degree, Ms. Mahoney stated she doesn't feel that she has the ability to waive that and say some other requirement is ok. The individuals who put the qualifications together understand the skill set that is needed to perform the job. Mr. Biga suggested when an employee sees the Civil Service Commission agenda listing a request for an examination, the Civil Service Commission will review the proposed qualifications and parts of examination and weights at the meeting. The employee should come to the meeting and find out what the qualifications are that the Civil Service Commission is considering. If you have input, that is the best time to bring it up. The requirements could be modified if necessary, at that time. Then it could be addressed in an open meeting and there are no questions. Mr. Kamm asked how employees will know. Mr. Biga advised that it will be in the Civil Service Commission agenda, which is distributed via email as well as on InsideLivonia. Mr. Kamm said he was more confused now that people can argue about what they want on the posting, than when he saw the posting and it tells you what to follow. If the Rules are not rigid, it doesn't make sense. Mr. Kamm stated he didn't realize you could ask for a waiver. Ms. Mahoney stated when Mr. Kamm tried to get the educational bonus points, the requirements listed on the posting for the previous Training Coordinator announcement were followed. He thought it would be the same for this announcement. Ms. Mahoney believed that what Mr. Biga was saying is when the Department says they are requesting a posting and it has to come before the Civil Service Commission for approval to do the posting. If an employee came before the Commission then, and expressed their concern, that is the time to bring those concerns forward. Mr. Taligian explained that the waiver that they granted wasn't part of the requirements, it was only regarding the time of submission. They were under the impression it was just a matter of a little time before the paperwork could be submitted. Mr. Kamm stated he is concerned when there are requirements and then the Civil Service Commission lists a deadline for application and then the Commission says it is kind of a suggestion. Mr. Tatigian stated Mr. Jennison was in compliance, he just hadn't submitted it. Ms. Mahoney stated a rule is a rule until someone chooses to question it and when they question it, the Commission has the right to grant a waiver. Ms. Mahoney further staled if it is the requirements Mr. Kamm was concerned about, that should be brought to the Civil Service Commission before the posting closes, but if it is a timing issue, and someone comes before them with a reasonable request for a waiver, the Commission has the right to waive that requirement. Mr. Meakin stated the individual requesting the waiver is a 15 year veteran requesting a 2 - week waiver of the time limit on the submission of his paperwork because his coursework was completed, but he just hadn't received his diploma. Mr. Kamm stated when he saw a due Page] 1303" Regular Meeting December 5, 2012 date, that is "D -Day' for him. Ms. Mahoney staled that individuals can request waivers. Mr. Kamm indicated he did try to request it with his Masters degree and it didn't help his cause. Ms. Mahoney stated there was a difference between a requirement and time limit. Mr. Tatigian thanked Mr. Domenzain and Mr. Kamm for coming to the meeting. Upon a motion by Mr. Meakin, seconded by Ms. Mahoney and unanimously adopted, it was RESOLVED, that the meeting be adjourned at 6:03 p.m. Gretchen Guisbert, Secretary III Harry C. Tatigian, Chairman Brian Meakin, Commissioner Charlotte Mahoney, Commissioner