Civil Service

Official Proceedings of the Battle Creek Civil Service Commission City Hall 10 N. Division Street Commission Chambers Battle Creek, Michigan February 27, 2012 4:00 P.M. 4:00 P.M. MEMBERS PRESENT: Commissioners Jennifer Cappell, Judith Mudge, Gordy Vogt MEMBERS ABSENT: None STAFF PRESENT: Chief Larry Hausman, Susan Bedsole, Vicki Houser, Paul Engels, and Russell Claggett CALL TO ORDER: President Cappell called the meeting to order at 4:02 PM and recognized that a quorum was present. APPROVAL OF MINUTES President Cappell stated that the first order of business was to approve the minutes from the January 23, 2012, Civil Service meeting. A motion was made by Comm. Vogt, supported by Comm. Cappell, to approve the minutes of the January 23, 2012, meeting as presented. All yes. Motion carried. PETITIONS AND COMMUNICATIONS Vicki Houser noted there were no petitions or communications received. REPORTS There were none. UNFINISHED BUSINESS There was none. NEW BUSINESS: 1. Authorize the City Clerk to proceed with the Fire Battalion Chief testing process A motion was made by Comm. Vogt, supported by Comm. Mudge, to authorize the City Clerk to proceed with the Fire Battalion Chief testing process. All yes. Motion carried. 2. Approval of New Service Providers Susan Bedsole presented a handout regarding information on the Entry Level and Promotional Testing process. The handout compared the current process to the proposed process with new service providers. Ms. Bedsole reminded the commission that discussions have occurred for the last few years regarding the organizational changes at the current provider, PCI, which is not currently providing the level of service that the city expected. She informed the commission that 1 the staff recently met with Dr. Linda Forsberg, of Psybus, of Southfield, MI, regarding the physical portion of the testing. Ms. Bedsole informed the Commission that Dr. Forsberg had completed some independent research for companies who could provide the written testing portion and the interview assessments. She also stated that the staff contacted Dr. Fred Rafilson, I/O Solutions, via a conference call to inquire as to their services. Ms. Bedsole informed the committee that Paul Engels, Human Resource Director, Susan Bedsole, Community Services Director, Vicki Houser, City Clerk, Jennifer Rosa, Human Resource Specialist, and Fire Chief Larry Hausman were present during the phone conference and meeting. Ms. Bedsole conveyed both Dr. Forsberg and Dr. Rafilson’s recommendation to eliminate the MIA process, instead recommending individual candidate interviews. She further stated that staff is recommending that the Civil Service Commission members no longer conduct the interviews, that they should instead be conducted by a panel of three to six individuals, to include the Fire Chief, a Fire Captain and a representative from the Human Resource office. For Promotional purposes, staff is recommending individual interviews be conducted by the Civil Service Commissioners or a third party assessment board. Comm. Vogt asked if the Fire Department had been involved in the recommended change to the interview process. Ms. Bedsole stated that it is staff’s responsibility to present the information to the Civil Service Commission for consideration. Comm. Vogt stated that he was uncomfortable that the change had not been discussed with the Fire Fighters Union, as a courtesy. Comm. Vogt asked if the new providers would be used for the Battalion Chief promotional testing. Ms. Bedsole responded that if the new providers were approved prior to the testing, that they would be used for the promotional testing. Chris Love, Union President, stated he liked the idea of changing providers, and felt that the Union would support the change. He further stated that he liked that the HR director would be involved in the interview process, and felt the rd Union could support this if the 3 member of the panel was chosen by the Union. He liked the idea of using a Michigan Psychologist. He stated that the third component regarding interview assessment boards for promotional interviews, made up of a group of experienced professionals, would be a good practice, and the panel would have an understanding of the questions and answers. He stated the Union would not have a problem with moving forward, but would understand if more time was needed to review information. A motion was made by Comm. Mudge, supported by Comm. Vogt, to approve the new service providers, I/O Solutions and Dr. Linda Forsberg of Psybus. Comm. Mudge yes, Commissioners Cappell and Vogt nay. Motion is denied. A motion was made by Comm. Vogt, supported by Comm. Mudge, to approve the modification of the entry level interview process. All Yes, motion carried. A motion was made by Comm. Vogt, supported by Comm. Mudge, to approve the modification of the promotional level testing process, and to continue to have the Civil Service Commission conduct the interview assessment. All Yes, motion carried. The commission asked that the city clerk’s office get additional information to review for a special meeting. Comm. , Cappell asked that the commission meet no later than March 9 2012. Ms. Bedsole stated she would send additional information regarding both I/O Solutions and Psybus via email. Ms. Bedsole also stated that a conference call could be scheduled with I/O Solutions if the commission needed. A special meeting to review new service providers was set for Friday, March 02, 2012. 2  A motion was made by Comm. Vogt, supported by Comm. Mudge, to proceed with the promotional testing. All Yes, motion carried. A motion was made by Comm. Vogt, supported by Comm. Mudge, that whenever the Civil Service Commission seeks a legal opinion on any issue, it will notify the Union contemporaneously with the submission of its request for the opinion of the City’s attorney and the Union may, at their sole discretion, have an opinion prepared by Union counsel for submission and consideration of the commission prior to its determination on the issue in question. Russ Claggett commented the Civil Service Commission does not have the authority to request the advice of outside legal counsel. Mr. Claggett further stated that under state statute, the Civil Service Commission has the support of city staff for all of their needs. For the Civil Service Commission to make a motion that it is mandatory that information be provided to a third party, Mr. Claggett stated the Commission does not have the authority to do so. Mr. Claggett further stated the Union does have a Union elected representative on the Commission, and that individual, as long as it is not privileged or confidential, is free to share information with the Union that an opinion has been requested. Mr. Claggett also confirmed that if the Union wishes to have their counsel provide information to the Civil Service Commission, they are welcome to submit information for consideration. Mr. Claggett further commented that as a member of the board, the commissioners are indemnified by the City of Battle Creek, not by IAFF Local 335 or by Michael O’Hara or any other attorney. Mr. Claggett expressed his concern to the Commissioners regarding the loss of the City’s indemnity provisions if the Commissioners were to rely on a specific legal opinion, or to take an action that is different than the advice given by the City Attorney. He further stated the Civil Service Commission is a board of the city, and the Commissioners need to be cautious, especially when looking at legal opinions offered to them. He reiterated the Union has the right to present information for the commission to consider. Mr. Love stated the reasoning behind the Union’s request that the Civil Service Commission be afforded an opportunity to solicit an opinion from the Union’s legal counsel is that the City attorney’s office has an obligation to best represent the city, but the commission is not the city. Comm. Vogt yes, Commissioners Mudge and Cappell nay. Motion denied. PUBLIC COMMENT: Chris Love requested a copy of updated local rules, not printed since 2000, as soon as possible. COMMISSION COMMENTS: No commission comment. ADJOURNMENT: The Civil Service meeting was adjourned at 5:00PM. Victoria L. Houser Victoria L. Houser Civil Service Secretary 3