Civil Service

Official Proceedings of the Battle Creek Civil Service Commission City Hall 10 N. Division Street Commission Chambers Battle Creek, Michigan June 26, 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 CALL TO ORDER: President Martinovich called the meeting to order at 4:00 pm. APPROVAL OF MINUTES 1. A motion was made by Comm. Giguere, supported by Comm. Roller, to approve the Civil Service Commission meeting minutes of May 22, 2017. All yes, none opposed. Motion approved. PETITIONS AND COMMUNICATIONS Clerk Houser informed the Commission of communications to and from Raymond Yager, an entry-level Fire Fighter candidate who was offered employment with the Battle Creek Fire Department, with a condition of satisfactorily completing an employment physical and psychological examination. As Mr. Yager did not pass the psychological exam, he will be removed from the Eligibility List. Mr. Yager is requesting a public hearing appealing the removal of his name from the 2016 Entry Level Fire Fighter Eligibility List. Ms. Houser noted the public hearing had been scheduled for July 10, 2017, but upon request of Mr. Yager’s attorney, they have requested this date be adjourned until Mr. Yager obtains different counsel. REPORTS There were none. UNFINISHED BUSINESS Regarding the discussion of preference points for Entry Level Fire Fighter candidates, Attorney Mullett requested Mr. Tkac provide a proposal for the Civil Service Commission to review. As of today, no proposal had been received. NEW BUSINESS 1. Removal of one candidate from the “2016 Entry Level Fire Fighter Eligibility List” President Martinovich stated the first order of business was to consider the removal of one candidate, Raymond Yager, from the “2016 Fire Fighter 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 remove Raymond Yager from the “2016 Fire Fighter Eligibility List.” All yes, none opposed. Motion approved. PUBLIC COMMENT: Chief Schmaltz questioned whether he was required to put all hiring on hold until a public hearing to consider Mr. Yager’s appeal, expressing concern he has three Fire officers retiring and will need to begin their replacement. Chief Schmaltz asked if he would need to hold the position until the appeal hearing had been completed. Attorney Mullett stated the Civil Service Commission followed the rules as prescribed by the Public Act and the Civil Service Commission Rules when removing Mr. Yager from the 2016 Entry Level Fire Fighter Eligibility List. Attorney Mullett stated that as of today, Mr. Yager has officially been removed from the eligibility list, but that Mr. Yager could present a substantive reason why the decision was made in error. Attorney Mullett stated Chief Schmaltz was not required to stop the hiring process of other candidates. COMMISSION COMMENT: Comm. Giguere also expressed concern the hiring process would be delayed due to an undetermined date for the public hearing. 1 Attorney Mullett stated she would conduct more research, confirming the procedure had been followed as prescribed in the public act and the rules. Attorney Mullett stated she has received communications from Mr. Yager’s current attorney that he is looking for different representation and if found, may proceed with the July 10, 2017 hearing. ADJOURNMENT President Martinovich adjourned the meeting at 4:08 PM. 2