Civil Service

Official Proceedings of the Battle Creek Civil Service Commission City Hall 10 N. Division Street Commission Chambers Battle Creek, Michigan August 26, 2013 4:00 P.M. MEMBERS PRESENT: Commissioners Judith Mudge, Jennifer Cappell and Gary Green MEMBERS ABSENT: None STAFF PRESENT: Vicki Houser, Russell Claggett, Martin Erskine, Howard Holt, and Chris Love CALL TO ORDER: President Mudge called the meeting to order at 4:01 PM, noting a quorum was present. PETITIONS AND COMMUNICATIONS: There were no petitions or communications. APPROVAL OF MINUTES: 1. Approval of the July 29, 2013 meeting minutes A motion was made by Comm. Green, supported by Comm. Mudge, to approve the Civil Service Commission July 29, 2013 meeting minutes. All yes, none opposed. Motion approved. REPORTS: There were no reports. OLD BUSINESS 1. Discussion of the Fire Training Officer Eligibility Requirements Comm. Green asked if the City Attorney had reviewed the memorandum from Mr. Claggett regarding the Training Officer Position. Mr. Claggett stated that he is the Deputy City Attorney for Employee Relations, noting he is the attorney that represents the Civil Service Commission and reviews cases when questions arise. Mr. Claggett further stated Public Act 78, section 38.512(2) requires promotions be filled among persons holding positions in the next lower rank in the department who have completed 2 years in that rank and who have at least 5 years in the department, noting the act does not require continuous service. 1 Comm. Green stated he would prefer to have a definite attorney’s opinion. Mr. Claggett noted that an opinion of the Attorney General is given the force of law until such time as the Michigan courts rule on the issue in question. Mr. Claggett further explained the Attorney General ruled that if a person resigns from the department, but is later reinstated, that he/she has met the service requirement for testing, noting that absent a rule requiring continuous service, the ruling allowed credit for previous service. Comm. Mudge reminded everyone that the issue at the prior meeting was whether Jeffrey Slayton met the 5 year requirement with his reinstatement. Mr. Claggett noted that although Mr. Slayton had not served 5 years since his reinstatement, he did meet the 5 years in the department with the previous 15 years in the Battle Creek Fire Department. Comm. Green stated that he wanted to make sure the Commission was doing the right thing for all candidates. Comm. Mudge stated that as Mr. Claggett is the legal represent for the Civil Service Commission, she did not feel that an additional opinion was necessary. Comm. Cappell agreed with Comm. Mudge, stating Mr. Claggett represents the City Attorney’s office. Mr. Claggett stated that he did find another case favoring continuous employment over interrupted service, noting, however, that the Battle Creek Civil Service Commission did not have that requirement in the Civil Service Rules. Comm. Mudge stated she agreed with the Attorney General ruling as presented as the Battle Creek Civil Service Rules do not state that continuous service is a requirement. 2. Certification of the “2013 Fire Training Officer Eligibility List.” Motion: A motion was made by Comm. Cappell, supported by Comm. Green, to certify the 2013 Fire Training Officer List. All yes, none opposed. Motion approved. 3. Certification of the top candidate on the “2013 Training Officer Eligibility List.” (Jeffrey Slayton) Motion: A motion was made by Comm. Green, supported by Comm. Cappell, to certify the top candidate on the 2013 Fire Training Officer Eligibility List (Jeffrey Slayton). All yes, none opposed. Motion approved. NEW BUSINESS Comm. Green recommended the Civil Service Commission adopt the 5 year service requirement in the Civil Service Rules. Mr. Claggett noted Public Act 78 includes the 5 years in the department and the Battle Creek Civil Service Rules, Rule 2(b) states that vacancies in positions above the rank of Firefighter be filled in 2 accordance with Rule 4 and the Act. Mr. Claggett further noted Rule 4 #2 states “No person shall be eligible for promotion to a higher grade until he/she has served at least two (2) years in the next lower rank on the date of the exam or the expiration date of the latest eligibility list for that position, whichever is the latest date…” Mr. Claggett stated the Civil Service Commission could adopt the language regarding the 5 years continuous service requirement in the Civil Service Rules, noting the Act already addresses a 5 year requirement. PUBLIC COMMENTS Chris Love, IAFF Union President, stated his concern was that a candidate be able to take the test prior to completing 5 years of service in the department, if the candidate would meet the 5 year time period prior to the expiration of the new eligibility list. Mr. Love stated the local rules specified 2 years at the time of the exam, but that P.A. 78 states 5 years in the department. Mr. Claggett stated that the City of Battle Creek Civil Service Commission had always required the 2 years in the next lower rank and 5 year’s service in the department prior to being allowed to take a promotional exam. Comm. Green stated the Act allowed someone of lower rank or service time to be promoted if no other candidate qualified. Mr. Claggett reminded the Commission that they were required to follow Act 78, the Civil Service Rules and the union bargaining agreement. Mr. Claggett also stated the Civil Service Commission could adopt a modification of the provisions of Act 78, as long as they did not negotiate anything that would be illegal. Mr. Love stated that he understood they needed to follow the Act at this time, noting that they would like to consider making a change in the future as there were some court cases that challenged the requirement of 5 years in the department prior to taking the exam. Mr. Love expressed concern that a Firefighter with just less than 5 years in the department was not able to take the Lt. Exam scheduled for September 2013. Mr. Claggett requested Mr. Love have the IAFF attorney forward the cases to him for review Mr. Love addressed his previous concern regarding the scoring of the Structured Oral Interviews, specifically addressing the scoring of the file review and the wording in the candidates’ notification of final results which states the “file review comprises up to 25% of the oral score.” Mr. Love stated the issue could be easily remedied by changing the wording in the letter. COMMISSION COMMENTS Comm. Cappell reminded everyone that she had notified the Commission of her resignation affective at the end of August, but agreed to serve one additional month, through the end of September 2013. ADJOURNMENT President Mudge adjourned the meeting at 4:35 PM. 3