Civil Service

Official Proceedings of the Battle Creek Civil Service Commission City Hall 10 N. Division Street Commission Chambers Battle Creek, Michigan January 27, 2020 4:00 P.M. MEMBERS PRESENT: Commissioners Al Giguere, Tim Martinovich and Michael Roller MEMBERS ABSENT: STAFF PRESENT: Clerk Victoria Houser: Fire Chief Brian Sturdivant: Nancy Mullett, Labor Attorney CALL TO ORDER: Comm. Giguere called the meeting to order at 4:02 PM and recognized that a quorum was present. APPROVAL OF MINUTES 1. Comm. Martinovich, supported by Comm. Roller, made a motion to approve the Civil Service Commission meeting minutes of November 25, 2019. All yes, none opposed. Motion approved. PETITIONS AND COMMUNICATIONS: There was none. REPORTS: There was none. UNFINISHED BUSINESS: 1. Assessment Center for Promotional Candidates Chief Sturdivant discussed his desire to use an Assessment Center for the evaluation of candidates for promotional positions, stating the modern fire service almost mandates that other qualifiers help to better test candidates. Chief Sturdivant stated an assessment center would include an administrative assessment, an In-basket exercise, a reading assignment, and a presentation to the Assessment Panel, while also requiring a written test and oral interview. Chief Sturdivant noted the assessment exercises would identify organizational skills, time management and incident command skills. Chief Sturdivant requested the Commission consider internal development of the test and the assessment exercises, noting the costs would be significantly reduced, compared to outside development. Chief Sturdivant assured the Commission that the process would be objective, ensuring the integrity of the process to withstand any objections. Chief Sturdivant noted the process would be well documented, demonstrating why the candidate was promoted. Responding to Comm. Roller, Chief Sturdivant state reading materials would come from ISTA manuals and test banks could be requested from vendors, providing an example that of 100 questions could come from three different relevant manuals. As to a tactical experience, Chief Sturdivant noted the candidate would talk through an incident presented on a computer screen. As to the assessment of skills, Chief Sturdivant stated he would work with other department chiefs and staff to serve as proctors and assessors. As to outside testing service providers, Chief Sturdivant stated he was considering EMPCO and IPMA-HR. As to the costs of testing, Chief Sturdivant confirmed the Fire Department would find funds to support the assessment process if needed. Comm. Roller stated that although the fire fighters he has talked with are in favor of an assessment center, they do not want it developed or conducted by city staff. Comm. Giguere stated they needed to ensure the process was fair and unbiased, ensuring the most qualified candidate was promoted, also noting more information was needed to fully flush out the process. Comm. Giguere also noted the process must comply with the public act and the Civil Service Rules. Chief Sturdivant stated he was not averse to having an outside vendor conduct the assessment center, noting he has never had an issue personally, but history may have led to concerns. Chief Sturdivant agreed to work with the City Clerk, agreeing an outside vendor would save a lot of time and effort, while maintaining integrity of the process to avoid potential challenges. Attorney Mullett agreed they needed to consider both the act and the rules, stating they may not dictate the manner of testing. Chief Sturdivant stated he would continue to research the process, vendors and costs and provide the information to the Civil Service Commission. 2. Expanding the Fire Chief’s Options for the Entry Level FF Eligibility List a. Top 5 Candidates – current process b. Top 10 Candidates – requested process 1 Chief Sturdivant requested the Civil Service Commission consider expanding the certification of candidates to allow him to hire from the top 10 candidates on the Eligibility List, instead of the top five as noted in the Public Act. Chief Sturdivant stated he was given a directive and mandate from the City Manager and the City Commission to ensure increased diversity and inclusion when hiring for the Fire Department, ensuring there would be no quotas or lowering of standards. Chief Sturdivant stated he was willing to negotiate with the union to make the change. Chief Sturdivant expressed his opinion that all candidates on the eligibility list have met the minimum qualifications and should all be considered for hire, stating other departments place less emphasis on where a candidate places on the list. Chief Sturdivant stated he understands Battle Creek is under Act 78 covering civil service, but asked the Commission to consider loosening the restrictions of Act 78. Chief Sturdivant stated the numbering system for the eligibility list reflects those candidates that have some understanding and engagement of the fire service, expressing concern for local candidates who do not have the same level of opportunity for volunteer service. Chief Sturdivant stated females and candidates of color are not historically engaged in volunteer or paid on call service due to other life responsibilities. Chief Sturdivant stated that although there are Federal protections in place to ensure fairness and integrity, he has a responsibility to work toward increasing diversity and inclusion, noting that while Battle Creek has a 25% minority population, only 8-10% of BCFD personnel are minorities. Chief Sturdivant stressed that he is not lowering the standards, but looking for common solutions to make a better organization. Comm. Roller suggested implementing a point system for candidates on the eligibility list who live in Battle Creek. Comm. Martinovich suggested working with the local schools when recruiting candidates. Chief Sturdivant stated he is working with KCC and the local career academy to develop a program for the fire service, similar to the police and paramedic programs, also stating they would like to implement an explorer program similar to the police cadet program. NEW BUSINESS: There was none. PUBLIC COMMENT: Walter Hardy, Fire Fighter, commented on his efforts to increase diversity and inclusion, referencing Kalamazoo’s efforts. Mr. Hardy agreed with Comm. Roller’s suggestion of eligibility points for local residents, stating the process does not have to be fair as it was not fair in the past, stating they should target particular demographics. Quincy Jones, Fire Marshal, stated the prior to 1996 not a lot of minorities hired, and there few women on the staff. Mr. Jones stated that although the City talks about representing our community, but the City organization does not represent the community. Mr. Jones kids need to believe they can be whatever they want to be and need to see minorities on the department, stating minorities do not apply because they do not see enough minority representation in the organization. Michelle Hughey, Battalion Chief, stated that although she placed #1 on the entry-level list several years ago, she was not hired until four men were hired. Ms. Hughey recommended BCFD recruit candidates from the local schools and colleges, also recommending an explorer program, while agreeing with extra points for local residents Zach Meuller, fire fighter, agreed that BCFD needed to do more to recruit local candidates and the implementation of local preference points, however disagreeing with the suggestion to move down the eligibility list. Markel Spivey, candidate on the eligibility list, expressed appreciation for everyone’s comments about diversity and inclusion. COMMISSION COMMENT: Nancy Mullett, Labor Attorney, stated expanding the certified candidates to all on the eligibility list is not a bargaining issue; it is about whether the city will continue in a civil service capacity. Ms. Mullett noted PA 78 required the testing composite score to be competitive, stating every part that results in a score is contrary to preference pointes. Ms. Mullett noted PA 78 sets the number of certified candidate at five and that there is no other language that allows the local commission to set a different number, noting the IAFF contract regarding promotions just says to follow PA 78. Ms. Mullett also noted Battle Creek is not as progressive or liberal as Kalamazoo, which has a different model. Ms. Mullett agreed BCFD needed to do more to reach out to the community to encourage minority applications. Comm. Giguere expressed appreciation to the core group that understands the importance of diversity and inclusion in the City, and their willingness to seek solutions. Comm. Giguere noted that although the 3 commissioners, one representing the city, one representing the union, and the third being the neutral community representative, have different groups they represent, they all have a responsibility to ensure compliance with Public Act 78. Ms. Hughey asked that all candidates on the list be certified at one time to ensure BCFD can move quickly when hiring to fill vacancies. ADJOURNMENT Commissioner Giguere adjourned the meeting at 4:13 PM. 2