Civil Service

Official Proceedings of the Battle Creek Civil Service Commission City Hall 10 N. Division Street Commission Chambers Battle Creek, Michigan May 22, 2017 4:00 P.M. MEMBERS PRESENT: Commissioners Al Giguere, Tim Martinovich and Mike Roller MEMBERS ABSENT: None STAFF PRESENT: Victoria Houser, Chief Dave Schmaltz, Battalion Chief Marty Erskine, Nancy Mullett, Joyce Snow CALL TO ORDER: Clerk Houser called the meeting to order at 4:01 PM, recognizing that a quorum was present. OATH OF OFFICE: Clerk Houser administered the Oath of Office to Commissioners Al Giguere and Mike Roller ELECTION OF CHAIRPERSON: Comm. Giguere nominated Comm. Martinovich to serve as Chairperson for 2017. Comm. Roller supported the nomination. Comm. Martinovich accepted the nomination as Chairperson for 2017. APPROVAL OF MINUTES 1. A motion was made by Comm. Giguere, supported by Comm. Roller, to approve the Civil Service Commission meeting minutes of January 23, 2017. All yes, none opposed. Motion approved. PETITIONS AND COMMUNICATIONS Clerk Houser informed the Commission that a communication was received from Chris Love, IAFF President, informing the Civil Service Commission of the appointment of Mike Roller as Union representative to the Civil Service Commission and to discuss the possibility of residency and veteran status points to the final scores of Entry Level FF candidates. REPORTS Clerk Houser informed the Commission that Promotional Testing for both Fire Captain and Fire Lieutenant candidates was completed, with 9 candidates for each position signing up for the test. Clerk Houser noted 9 candidates took the Fire Captain written test and Structured Oral Interviews, noting one candidate had considered withdrawing after the written test. Clerk Houser noted the candidate did participate in the interviews, but withdrew prior to creation of the eligibility list. Clerk Houser also noted 7 candidates took the Fire Lieutenant written test and Structured Oral Interviews. UNFINISHED BUSINESS There was none. NEW BUSINESS 1. Certify the “2017 Fire Lieutenant Eligibility List” President Martinovich stated the first order of business was to certify the “2017 Fire Lieutenant Eligibility List.” President Martinovich opened the floor for public comment. Seeing no public comment, a motion was made by Comm. Giguere, supported by Comm. Roller, to certify the “2017 Fire Lieutenant Eligibility List.” All yes, none opposed. Motion approved. 2. Certify the three candidates on the “2017 Fire Lieutenant Eligibility List” President Martinovich stated the next order of business was to certify the three candidates on the “2017 Fire Lieutenant Eligibility List.” President Martinovich opened the floor for public comment. Seeing no public comment, a motion was made by Comm. Giguere, supported by Comm. Roller, to certify the three candidates on the “2017 Fire Lieutenant Eligibility List.” All yes, none opposed. Motion approved. 3. Certify the “2017 Fire Captain Eligibility List” 1  President Martinovich stated the next order of business was to certify the “2017 Fire Captain Eligibility List.” President Martinovich opened the floor for public comment. Seeing no public comment, a motion was made by Comm. Giguere, supported by Comm. Roller, to certify the “2017 Fire Captain Eligibility List.” All yes, none opposed. Motion approved. 4. Certify the first three candidates on the “2017 Fire Capital Eligibility List” President Martinovich stated the next order of business was to certify the first three candidates on the “2017 Fire Captain Eligibility List.” President Martinovich opened the floor for public comment. Seeing no public comment, a motion was made by Comm. Giguere, supported by Comm. Roller, to certify the first three candidates on the “2017 Fire Captain Eligibility List.” All yes, none opposed. Motion approved. PUBLIC COMMENT: Chief Schmaltz discussed the possibility of allowing preference points for entry-level fire fighter candidates to increase local interest in the entry-level fire fighter testing, to include residency and veterans’ status points to the final score to determine the ranking on the list. Chief Schmaltz recommended adding 3 points to the final score for candidates who reside within the city, 2 points for candidates who live within 20 miles of the city limits, and one point for Veterans status. COMMISSION COMMENT: A motion was made by Comm. Roller, supported by Comm. Martinovich, to allow preference points for entry-level fire fighter candidates who place on the eligibility list. Chief Schmaltz stated the number of applicants had declined in the last few years, noting there are many other jobs available now with the economic recovery. Chief Schmaltz stated they were trying to attract more local residents to serve in our community, stating the additional points may allow someone who lives in the city to place higher on the eligibility list. Chief Schmaltz stated they were not recommending the change for the current list. Comm. Giguere expressed concern the awarding of preference points to local candidates may deter other qualified persons outside of the city from applying or testing. Comm. Giguere also expressed concern that the scoring must follow the Public Act. Attorney Mullett informed everyone that the awarding of preference points may not be allowed under PA 78 of 1935: Firemen and Policemen Civil Service System, Attorney Mullett noted Section 38.507 §7 states “Appointments to and promotions in all paid fire and police departments, or both of cities, villages and municipalities shall be made only according to qualifications and fitness to be ascertained by competitive examinations, …”. Attorney Mullett requested the IAFF Vice President provide a written proposal identify what they were trying to achieve, comparing it to the Civil Service Rules. Attorney Mullett cautioned the Civil Service Commissioners that they must maintain the Civil Service laws, reminding them the process needed to remain competitive. Attorney Mullett stated they would also need to ascertain there would be no objection from the City Commission. Jayeson Tkac, VP of IAFF, stated the previous union contract had a residency requirement, stating a fire fighter was required to establish residency within 20 miles of the city limit within 18 months of hire, noting this provision was removed during the most recent contract negotiations. Mr. Tkac stated it was their desire to have the make-up of the Fire Department be more representative of the community. Mr. Tkac also noted the residency points would only be added after the candidates have achieved the minimum score of 70%. Comm. Roller expressed his belief the Battle Creek Fire Department should be made up of persons from within the City, stating the Federal Center does provide veterans’ points to their employees. Attorney Mullett recommended the Commission consider tabling the motion until the next Civil Service Commission meeting, allowing the union representatives to prepare a proposal and for the Attorney’s office to conduct additional research to determine the possibility of preference points. Attorney Mullett stated she could not advise the Civil Service Commission to approve the motion to allow preference points until it was ascertained this would be compatible with PA 78 of 1935: Civil Service Act. A motion was made by Comm. Roller, supported by Comm. Martinovich, to table the motion to the next meeting. All yes, none opposed. Motion approved. ADJOURNMENT Commissioner Martinovich adjourned the meeting at 4:27 PM. 2