Civil Service

Official Proceedings of the Battle Creek Civil Service Commission City Hall 10 N. Division Street Via Zoom, Enterprise Video Conferencing Battle Creek, Michigan November 22, 2021 4:00 P.M. MEMBERS PRESENT: Commissioners Chris Dopp, Michael Roller and Tim Martinovich, all attending remotely from the City of Battle Creek. MEMBERS ABSENT: STAFF PRESENT: Clerk Victoria Houser, Fire Chief Brian Sturdivant, Battalion Chief Michelle Hughey, Human Resource Director Michelle Hull, Fire Fighter Jeremy Pratt CALL TO ORDER: Chairperson Dopp called the meeting to order at 4:07 PM. APPROVAL OF MINUTES 1. Chairperson Dopp noted the first order of business was to approve the September 22, 2021 Civil Service Commission minutes. Comm. Martinovich, supported by Comm. Roller, made a motion to approve the Civil Service Commission meeting minutes of September 22, 2021, as amended, to note Comm. Roller’s attendance remotely, via phone service. All in favor, none opposed. Motion approved. PETITIONS AND COMMUNICATIONS: There were no petitions or communications. REPORTS: There were no reports. UNFINISHED BUSINESS: There was none. NEW BUSINESS: 1. Civil Service Rule Amendments Nancy Mullett, Labor Relations Attorney, discussed the proposed amendments to the Civil Service Rules. Attorney Mullett noted that after review of Public Act 78 of 1935, proposed amendments to the rules, particularly Rules 3 and 4, were being recommended as to the hiring process of and the role of the new position of Deputy Fire Chief. Attorney Mullett, noting the Deputy Chief position was a high-level position, reviewed the flexibility of the Civil Service Commission to determine the requirements to fill this position. Attorney Mullett stated the amendments were to determine what an examination would look like, stating a written exam is not needed for each positon. As an example, Attorney Mullett stated the City of Troy simply conducts interviews for promotions, stating there is no written exam or assessment center conducted, noting this type of discretion is contained in Public Act 78. Attorney Mullett noted the only change to Rule 3 was to eliminate the word “written” before examination, stating that an examination could be an interview, and all questions would be at the discretion of the Civil Service Commission, stating the interview could be conducted by a company, the fire department staff or the human resources staff, or a panel of all three. Attorney Mullett stated all changes to Rule 4 are based on the language of the statute, stating there was no paragraph designated to promotions, stating the new Paragraph #1 is the authority the Public Act provides the Commission, with the exception of the last sentence. Attorney Mullett noted the last sentence allows the Commission to approve all job descriptions that contain qualifications not 1  otherwise required by the Act, before the position is posted. Attorney Mullett noted that although an interested candidate may have sufficient years to be able to participate in a promotional examination, they may not have the qualifications for the position. Attorney Mullett noted the Civil Service Commission, as the independent decision maker, would also need to consider if the qualifications for the Deputy Chief position are reasonable, otherwise it would be an independent action by the Fire Chief, the HR Director, or a combination of both. Attorney Mullett noted the following additional changes: Rule 4, Paragraph #2, previously Paragraph #1, updated to provide some flexibility, stating there could be an examination by assessment center or not, removing the narrow language that it must be done by an assessment center. Rule 4, Paragraph #3: Time in lower grade, the insertion of Deputy Chief, and the next lower grade, Battalion Chief, noting the law provides a distinction. Rule 4, Paragraph #4 to remove “Assessment Center” and add “examination,” which may or may not include an assessment center. Rule 4, Paragraph #5 to clean up the language regarding yearly evaluations to be reviewed by one other command staff. Rule 4, Paragraph #7, amended various ways to get to 100%, including an option for only oral interview and removing the word “written.” Rule #5, Paragraph #2, examination questions to be approved by the Civil Service Commission. Rule #6, Paragraph #2 to add Deputy Chief to the exception for maintenance of Eligibility lists. Attorney Mullett stated the proposed amendments are to bring the rules closer to what the Public Act represents, stating something just got stuck in old language. Comm. Roller expressed concern the changes were significant and there had not been any prior discussion or review time, stating he did not feel comfortable making a motion on the changes until he had a better understanding as to why the changes were being proposed and what the desired results were to be. Comm. Roller stated he has several questions and would like to speak with others prior to making a decision. Comm. Martinovich expressed agreement, stating he would also like additional time to review the proposed amendments and to get a better understanding. A motion was made by Comm. Roller, supported by Comm. Martinovich, to postpone a decision on the rule amendments to a future meeting. All in favor, none opposed. Motion approved. 2. Deputy Fire Chief Michelle Hull, Human Resources Director, presented a summary memo regarding the proposed Deputy Fire Chief position, along with the job description and a table of comparable requirements from other municipalities. Ms. Hull noted the city is beginning a recruitment process, in conjunction with Chief Sturdivant, to hire a deputy fire chief. Ms. Hull stated the documents established the deputy fire chief qualifications, stating these are similar to the qualifications of other municipal organizations, stating these will assist the city with succession planning. Ms. Hull also noted the chart of comparable municipalities included cities that follow Public Act 78, noting some have deputy chief positions, while others do not. Ms. Hull stated she added specific certification and qualifications that are preferred, not required. 2  After confirming Ms. Hull was only requesting a vote on the deputy chief qualifications, a motion was made by Comm. Roller, supported by Comm. Martinovich, to accept the qualifications, as presented, for the Deputy Fire Chief position. All in favor, none opposed. Motion approved. PUBLIC COMMENT: Jeremy Pratt, BCFD Fire Fighter, Local 335, commented on the proposed changes to the local rules, stating his opinion the written test is important for entry-level candidates, stating a written test ensures the entire process is objective and unbiased. Mr. Pratt, referring to Rule 4, expressed understanding that Attorney Mullett was trying to give some leeway in the promotion of a deputy chief, however stating Rule 4 applies to all promotional positions, including Battalion Chief, Captain, Lieutenant, Fire Marshal and Training Officer. Mr. Pratt expressed his opinion that the proposed rules are extensive and get away from the intention of PA 78, which was to eliminate the “good ole boy system.” Mr. Pratt stated the current process, along with the public act, ensured the process is unbiased and objective, stating the proposed changes were aligning with a one-person decision on who gets the positon. Attorney Mullett expressed understanding of the concerns from the Commission and Mr. Pratt, stating the proposed amendments to the language are actually statutory, not an interpretation. Attorney Mullett stated the approval and authority to make the changes rests solely with the Civil Service Commission, not with one person. Attorney Mullett noted the changes to Rules 3 & 4 ensures the Civil Service Commission has final say on the scope of the examination, how subjective or objective the process is. COMMISSION COMMENT: Comm. Roller expressed concern with the proposed rule changes, stating he feels it bears scrutiny in the hiring process, which under the current process keeps everything fair. NEXT MEETING: December 27, 2021 at 4:00 PM. ADJOURNMENT: Chairperson Dopp adjourned the meeting at 4:34 PM. 3