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 December 27, 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: None STAFF PRESENT: Alicia Greene, Deputy Clerk; City Labor Attorney Nancy Mullett; Fire Chief Brian Sturdivant; Battalion Chief Michelle Hughey; Human Resource Director Michelle Hull; Fire Fighters Jeremy Pratt and Jayson Tac CALL TO ORDER: Chairperson Dopp called the meeting to order at 4:01PM. APPROVAL OF MINUTES Chairperson Dopp noted the first order of business was to approve the November 22, 2021 Civil Service Commission minutes. Comm. Martinovich, supported by Comm. Roller, made a motion to approve the Civil Service Commission meeting minutes of November 22, 2021. Comm. Martinovich and Comm. Roller approved. Chairperson Dopp abstained. Motion approved. PETITIONS AND COMMUNICATIONS: There were no petitions or communications. REPORTS: There were no reports. UNFINISHED BUSINESS: 1. Civil Service Rule Amendments i. Rule 3: Filling Vacancies in the Rank of Firefighter and/or Other Entry-Level Positions a) 1. Applications b) 2. Date of Examination c) 4. Content of Written Examinations ii. Rule 4: Filling Vacancies above the Rank of Firefighter a) 1. Promotion b) 2. Vacancies c) 3. Time in Lower Grade d) 4 Interview/Oral Examination e) 5. Yearly Evaluations f) 7. Promotional Scores iii. Rule 5: Examinations a) 2. Review of Contents of Examination iv. Rule 6: Eligibility Lists a) 2. Maintenance of Eligibility Lists b) 4. Ties; determination of position by lot: procedure. Attorney Nancy Mullett offered to review the changes to the rules. No Commissioner required any additional information. Comm. Roller, supported by Comm. Martinovich, made a motion to approve the revisions to the Civil Service Rule, specifically Rule 3: Filling Vacancies in the Rank of Firefighter and/or Other 1  Entry-Level Positions, Rule 4: Filling Vacancies above the Rank of Firefighter, Rule 5: Examinations and Rule 6: Eligibility Lists, as presented. Comm. Martinovich and Comm. Roller opposed, Chairperson Dopp, abstained. Motion not approved. NEW BUSINESS: Comm. Roller requested an item be added to New Business, specifically to rescind the additional Deputy Chief requirements:  a BSA degree from an accredited college or university with major course work in fire science, public administration or directly related to public safety/emergency management/ homeland security fields of study or master’s degree preferred.  Eight or more years of progressively responsible experience in a command positions including time spent in supervisory or administrative duties  must possess a thorough knowledge of principles procedures of modern fire science administrations  a minimum of two years demonstrated experience with program and project management with budgetary oversight in a fire department  experience on the management side of bargaining preferred Comm. Roller asked if he could get support to add the above item to New Business. Comm. Martinovich supported Comm. Roller’s motion to add this item to New Business. Chairperson Dopp asked if there was any discussion to adding this item to the agenda for consideration, stating it would be added to the agenda as item #7. Comm. Martinovich and Comm. Roller approved adding this item to the agenda. Chairperson Dopp abstained. Motion approved. 1. Certification of the 2021 Entry Level Fire Fighter Eligibility List Comm. Martinovich, supported by Comm. Roller, made a motion to approve the Certification of the 2021 Entry Level Fire Fighter Eligibility List. Comm. Martinovich and Comm. Roller approved. Chairperson Dopp abstained. Motion approved. 2. Certification of the first 5 candidates on the 2021 Entry Level Fire Fighter Eligibility List Comm. Roller, supported by Comm. Martinovich, made a motion to approve the Certification of the first five (5) candidates on the 2021 Entry Level Fire Fighter Eligibility List. Comm. Martinovich and Comm. Roller approved. Chairperson Dopp abstained. Motion approved. 3. Authorizing the City Clerk to initiate the Fire Marshal Promotional Testing Process Comm. Martinovich, supported by Comm. Roller, made a motion to approve Authorizing the City Clerk to initiate the Fire Marshal Promotional Testing Process. Comm. Martinovich and Comm. Roller approved. Chairperson Dopp abstained. Motion approved. 4. Authorizing the City Clerk to initiate the Deputy Fire Chief Promotional Testing Process in 2022 Comm. Roller, supported by Comm. Martinovich, made a motion to approve Authorizing the City Clerk to initiate the Deputy Fire Chief Promotional Testing Process in 2022. Comm. Martinovich and Comm. Roller approved. Chairperson Dopp abstained. Motion approved. 5. Authorizing the City Clerk to initiate the Battalion Chief Promotional Testing Process in 2022 Comm. Martinovich, supported by Comm. Roller, made a motion to approve Authorizing the City Clerk to initiate the Battalion Chief Promotional Testing Process in 2022. Comm. Martinovich and Comm. Roller approved. Chairperson Dopp abstained. Motion approved. 6. Approval of the 2022 Civil Service Commission meeting schedule 2  Chairperson Dopp noted he would be traveling on the scheduled meeting dates of January 24, 2022 and March 28, 2022, however if permitted would be available virtually. Comm. Roller, supported by Comm. Martinovich, made a motion to approve the 2022 Civil Service Commission meeting schedule. Comm. Martinovich and Comm. Roller approved. Chairperson Dopp abstained. Motion approved. 7. ADDED: to rescind the additional deputy chief requirements the Commission at the November 22, 2021 meeting approved that. Comm. Roller, supported by Comm. Martinovich, made a motion to rescind the additional Deputy Fire Chief requirements, as previously read, which included:  a BSA degree from an accredited college or university with major course work in fire science, public administration or directly related to public safety/emergency management/ homeland security fields of study or master’s degree preferred.  Eight or more years of progressively responsible experience in a command positions including time spent in supervisory or administrative duties  must possess a thorough knowledge of principles procedures of modern fire science administrations  a minimum of two years demonstrated experience with program and project management with budgetary oversight in a fire department  experience on the management side of bargaining preferred Ms. Hull asked if the motion was to remove all minimum qualifications. Chairperson Mr. Dopp confirmed that the motion was to remove all minimum qualifications covered in Comm. Roller’s motion. Fire Fighter Tkac confirmed the request was to have all minimum qualifications rescinded, stating that if necessary they would ask that all the additional requirements be rescinded also. Responding to Chairperson Dopp, Commissioner Roller stated his request is to follow the requirements of Public Act 78, the Civil Service Act, when hiring, further stating the job description appears to be written for a specific individual, instead of many people, as if the person for the position had been pre-selected. Comm. Martinovich requested confirmation the promotion was to follow the language of the Public Act. Chairperson Dopp confirmed he understood they would be following the Act. Ms. Greene, Deputy Clerk, asked for clarification from Attorney Mullett; however, had lost the connection to the electronic meeting. Attorney Mullett returned to the call, stating that in the absence of approval of the rule changes, which allows the Civil Service Commission to approve the job description, she was unsure the Commission had the authority to take back the approval of the job description at the November 22, 2021 meeting. Comm. Roller stated that he is asking that the Civil Service Commission consider the motion to rescind their prior approval of the deputy chief job description and additional requirements, stating that after additional review, the requirements were a violation of Public Act 78, Section 12, paragraph 2. Comm. Roller expressed his concern that the Civil Service Commission erred when approving the job description and qualifications at the prior meeting. Chairperson Dopp, noting the item had already been created to eliminate the additional job requirements, asked Attorney Mullett if the Commission should table the motion at this time. Attorney Mullett agreed this was the language from Act 78, advising the Commission to table the item to the next meeting. Comm. Roller asked if the Commission did not have the authority to rescind something that they had previously voted on. 3 Deputy Clerk Greene, responding to Attorney Mullett, confirmed there was a motion and support to add the item to the agenda and there was a motion and support on the item to rescind the approval of the job description that took place at the November 22, 2021 meeting. Attorney Mullett stated there is a difference between eligibility to test and qualifications for the position, stating the eligibility to test has to do with the 2 years in the next lower rank and 5 years in the department, and another lower rank for 2 years and 5 years in the department. Attorney Mullett stated qualification for the position are something different. Attorney Mullett expressed her belief that there are one or two candidates in the next lower rank that meet the qualifications, further stating she believed there were candidates at the Fire Captain level who also met the requirements. Attorney Mullett stated the description and requirements were not written for any one individual person, that it was expected to be a national search if there were no internals, stating the description was based upon seeking out numerous other qualifications from other departments throughout Michigan. Attorney Mullett confirmed the Commission is able to rescind their actions, recommending they hold this discussion next month when the Commission meets in person. Comm. Roller stated his preference was that the Commission vote on the motion. Comm. Martinovich expressed his preference to vote on the motion if they could. Attorney Mullett stated she did not believe it would be appropriate for the Commission to vote on the motion today. Responding to Chairperson Dopp’s question if the Commission voted on the motion, and later found they did not have the authority, Attorney Mullett stated she would need to review the rules of order. Comm. Roller reaffirmed his desire that the Civil Service Commissioners take a vote on his motion to rescind the Commission’s prior approval of the job requirements made at the previous meeting. Comm. Martinovich expressed agreement to take a vote. Chairperson Dopp requested a vote on the motion to rescind the approval of the job requirements that was made at the November 22, 2021 Civil Service Commission meeting. Commissioners Roller and Martinovich approved the motion. Chairperson Dopp abstained. Motion was approved. PUBLIC COMMENT: There was none. COMMISSION COMMENT: Comm. Martinovich stated he did not understand the need to change the Civil Service Rules, asking, “If it is not broken, why fix it.” NEXT MEETING: January 24, 2022 at 4:00 PM. ADJOURNMENT: Chairperson Dopp adjourned the meeting at 4:40PM. 4