Civil Service

Official Proceedings of the Battle Creek Civil Service Commission City Hall 10 N. Division Street Commission Chambers Battle Creek, Michigan June 22, 2015 4:00 P.M. MEMBERS PRESENT: Commissioners Judith Mudge, Samuel Gray and Tim Martinovich MEMBERS ABSENT: None STAFF PRESENT: Victoria Houser, Nancy Mullett, Susan Bedsole, Dave Schmaltz, Martin Erskine, Matt Beauchamp, Derek Malone, Chad Hughes CALL TO ORDER: President Mudge called the meeting to order at 4:01 PM and recognized that a quorum was present. OATH OF OFFICE Clerk Houser provided the Oath of Office to newly appointed Commissioner Samuel Gray. PETITIONS AND COMMUNICATIONS Clerk Houser noted a communication from Fire Lieutenant Mark Koch, which has been provided to the Commission. APPROVAL OF MINUTES 1. A motion was made by Comm. Martinovich, supported by Comm. Gray, to approve the Civil Service Commission April 27, 2015 meeting minutes. All yes, none opposed. Motion approved. REPORTS There were none. UNFINISHED BUSINESS There was none. NEW BUSINESS 1. Certify the “2015 Fire Lieutenant Eligibility List” President Mudge stated the next order of business was to certify the “2015 Fire Lieutenant Eligibility List.” President Mudge opened the floor for public comment. Seeing no public comment, a motion was made by Comm. Matinovich, supported by Comm. Gray, to certify the “2015 Fire Lieutenant Eligibility List.” All yes, none opposed. Motion approved. 2. Certify the first candidate on the “2015 Fire Lieutenant Eligibility List” (Andre Doser) President Mudge stated the next order of business was to certify the first candidate on the “2015 Fire Lieutenant Eligibility List,” Andre Doser. President Mudge opened the floor for public comment. A motion was made by Comm. Martinovich, supported by Comm. Gray, to certify the first candidate on the “2015 Fire Lieutenant Eligibility List,” Andre Doser. All yes, none opposed. Motion approved. PUBLIC COMMENTS There were no public comments. 1 COMMISSION COMMENTS Comm. Gray requested a discussion regarding Lt. Koch’s email and the eligibility of recently promoted Captains to take the Battalion Chief exam. Nancy Mullett, Employee Relations Attorney, respectfully disagreed with Lt. Koch’s assertions, stating the two newly appointed Captains do have additional training and experience, stating it was disrespectful to disregard the effort they have put in to achieve the Captain position. Addressing Lt. Koch’s comment that not all current Lieutenants were able to take the test due to scheduling conflicts, Ms. Mullett stated this would have been due to personal conflicts, stating work would not interfere with their ability to take the exam. Ms. Mullett also noted her understanding that no eligible Lieutenants were gone at the time of testing, that it would have been a personal decision to opt out of taking the exam, not city imposed. As to Lt. Koch’s comments regarding a small pool of candidates, Ms. Mullett stated any time there is a greater pool of candidates, it is always good, stating that if that was what was envisioned when section 512 was created and enacted, and the legislature could have expanded what they viewed as their definition of competitive. Ms. Mullett stated section 512 has certain requirements, first that the exam has to be competitive, noting the courts in Michigan have defined competitive as 2 or more, stating 2 is sufficient, noting it does not mean 10 would not be better. Ms. Mullett stated the second important piece of Public Act 78 is to respect the rank, stating the next lower rank is more deserving of respect than everyone else from a competitive eligibility level. Ms. Mullett stated that if every captain took the test and passed, the Commission would need to look at the minimum requirements, and fill the vacancy based upon hierarchy, ideally 5 years in the department, and 2 years in the next lower rank. Ms. Mullett noted that if candidates with the minimum requirements were not taking the promotional exam, the law allows candidates with 3 years in the department, and 2 or more years in the rank, and if there are still no candidates with those qualifications, the candidates must still have 3 years in the department, but years of experience in the next lower rank can be simply one day. Ms. Mullett cited a similar case, citing facts of a Sargent eligibility test, stating a department had 3 candidates who had 3-5 years department service, and 2 or more years in the next lower rank. Ms. Mullett noted only one person signed up, stating this was clearly not competitive. Ms. Mullett further stated in this case there were 6 additional candidates who did not have 2 years in the rank, but 3-5 years in the department. Ms. Mullett noted the law states the promotional opportunity must be open to candidates in the next lower rank. Ms. Mullett stated the union president expressed a concern that with only two candidates taking the exam, the exam would be discriminatory. Ms. Mullett stated Act 78 specifically addresses the neutrality of the language they used in enacting this particular subsection that sets out the 5/3 or 2/0, stating statutes are assumed constitutional, stating that if it is believed Act 78 is discriminatory, it would be unconstitutional, recommending someone raise a challenge to it if there was a good faith belief it is discriminatory. Ms. Mullett also stated that if only one candidate signed up, then the testing would have been opened to all Lieutenants. Ms. Mullett stated her understanding of the Commission’s role is to allow the implementation of the Act as written. Commissioner Mudge asked if there were any questions from the Commission, noting no action was needed, requesting a response be provided to Lt. Koch. Lt. Derek Malone expressed concern the issue should be voted upon to avoid future arguments. Ms. Mullett stated she had discussed the concerns with the IAFF attorney, stating he did not request any additional action, stating the Commission was not obligated to vote, stating this was just giving effect to the law, as was done at every meeting. Comm. Gray asked Chief Schmaltz what the scheduling conflict was referenced in Lt. Koch’s email. Chief Schmaltz stated they did review the schedule for the 3 day testing and interview period, stating no staff who were eligible to take the exam had requested time off those three days. ADJOURNMENT President Mudge adjourned the meeting at 4:20 PM. 2