Civil Service Commission

CITY OF STERLING HEIGHTS CIVIL SERVICE COMMISSION, ACT 78 OFFICIAL MINUTES OF THE REGULAR MEETING OF MARCH 5, 2015 3:00 PM The regular meeting of the Civil Service Commission, Act 78, was held in Room 202, City Hall, 40555 Utica Road, Sterling Heights, Michigan. 1. The meeting was called to order at 3:15 P.M. by Chairwoman Terri Jarema. 2. Roll Call Present: Chairwoman Terri Jarema, Commissioner Irv Droste (via telephone), and Commissioner Jerry Griesbeck (via telephone) Also present: Mark Carufel, City Clerk, Walt Blessed, Human Resources Director, Donald DeNault, City Attorney, Police Lieutenant David Smith, Fire Chief Chris Martin, Attorney Joseph Viviano, Sean Mangan, and four individuals who accompanied Sean Mangan to the meeting. 3. Approval of Agenda Moved by Griesbeck, supported by Droste, to approve the agenda as presented. Yes: All. The motion carried. 4. Approval of minutes of regular meeting of December 15, 2014 Moved by Droste, supported by Griesbeck, to approve the minutes of the December 15, 2014 meeting. Yes: All. The motion carried. 5. Appeal of Applicant Sean Mangan Lt. Dave Smith explained his findings during the background investigation of firefighter applicant Sean Mangan. Lt. Smith referenced the written application instructions, the questions contained therein, and verbal instructions during the interview. He stated that applicant Sean Mangan failed to disclose contact with the police and follow-up alcohol abuse treatment as a result of a drinking incident when Sean was 15 years old. Lt. Smith explained that based on the failure to disclose this information, despite several opportunities to do so, Sean Mangan failed the character background investigation and he was not recommended for employment. Joseph Viviano spoke on behalf of the applicant Sean Mangan. He stated he was not questioning the findings of Lt. Smith but he disagreed that the intent was to deceive the background investigation. He stated the incident was handled through the juvenile court as part of a diversion program and that Sean was told and instructed that since he successfully Civil Service Commission, Act 78 Meeting of March 5, 2015 Page 2 completed the program, and because he was a minor and 15 years old at the time of the incident, he would not have to disclose the incident on a job application, hence there was no intent to deceive because as far as the court was concerned the incident never happened. Mr. Viviano pointed out that there was no written question on the application that referenced the disclosure of “any police contact” and that his client does not recall that verbal instruction during the in-person interview with Lt. Smith. Sean Mangan stated he was told he would never have to disclose this incident and he was taking their word as authoritative figures. He did not mean to deceive or withhold information and was following what the juvenile court told him when he was 15 years old. Chairwoman Jarema asked Sean Mangan why he answered “no” on question 57. Sean replied that this incident was not on his mind when filling out the application. Commissioner Droste asked Sean why he provided details about the Kroger incident but not the alcohol incident? Sean stated he had been told when he was 15 that he would not have to disclose the alcohol incident, but for the Kroger incident he was required to make a disclosure. Commissioner Droste stated he was previously an instructor at the fire academy, and that all students receive instruction on the oral interview process and to fully disclose information and to answer questions truthfully. Mr. Viviano stated there is an assumption that there was an untrue statement, but the evidence is not there that he lied during the process. Commissioner Griesbeck stated the issue was integrity and that Sean gave an incorrect answer on question 57. Sean reiterated that he was instructed that he would not have to disclose the incident on any application and he was following that instruction, and not trying to provide untrue information. Commissioner Jarema asked Sean what he learned from that incident when he was 15. Sean replied he learned to make better choices in life. Commissioner Droste asked Lt. Smith to explain his questioning of the applicant regarding his police contact. Lt. Smith stated that when he conducts his interviews, he asks all applicants if they ever had “any police contact”. He stated he was disappointed in the response Sean chose to provide, that Sean is a good person and he wished him well. Mr. Viviano stated that the response that Sean provided was a misunderstanding, that it occurred when he was 15, he was told that upon completion of the diversion program he was told it would be treated like it never happened, that he can see both sides of the issue and that to hold Sean on his answer to question 57 was too harsh. Civil Service Commission, Act 78 Meeting of March 5, 2015 Page 3 Sean stated he never intended to provide false information and was following the instructions he was provided when he was 15. He thanked the commission for hearing his appeal and recognized Lt. Smith was doing a thorough job. Commissioner Griesbeck asked Chief Martin about who took Sean off the eligibility list. Chief Martin explained he followed the recommendation of the police department that Sean failed the background investigation. Commissioner Griesbeck asked Chief Martin to confirm that the Chief has the right to dismiss a candidate during the one-year probationary period. Chief Martin confirmed there is a one-year probationary period. Commissioner Droste stated there is a set standard, and the standard was not met. He stated Sean was told at the academy to tell the truth, and if it was him, he would have disclosed the incident. He stated we should hold employees to this standard. Mr. Viviano requested the opportunity to have a representative from the Juvenile Court provide a statement via telephone to the Commission regarding the diversion program and the instruction about not having to disclose the incident. Commissioner Droste stated the dispute is not about the court handling of the incident, but Sean should have told the truth and disclosed the alcohol treatment. Mr. Viviano withdrew the request. At 4:20 PM Sean Mangan, Joseph Viviano, and four individuals who accompanied Sean Mangan to the meeting voluntarily left the meeting and the commissioners then deliberated regarding the appeal. Commissioner Griesbeck stated the question is about integrity and Sean did not give the correct answers. Commissioner Droste stated he feels strongly about the training Sean received at the academy, he perhaps could understand the first question answering no, but the second question, answering no was a deception, and he agrees with Commissioner Griesbeck. Moved by Droste, supported by Griesbeck to deny the appeal of applicant Sean Mangan. Yes: All. The motion carried. 6. Review of the Firefighter Minimum Eligibility Requirement including Application & Selection Process for the establishment of a new 2015-17 Firefighter Eligibility List Walt Blessed addressed the commissioners and stated that upon review of the existing minimum requirements with the Fire Chief and Police Lieutenant Smith, the decision was made to recommend the addition of requirement number 13 on the list of requirements. Upon review and discussion, the following text for requirement 13 was agreed upon: Civil Service Commission, Act 78 Meeting of March 5, 2015 Page 4 Must possess good moral character determined by a favorable comprehensive background investigation covering school and employment records, home environment, personal traits and integrity. This includes but is not limited to arrest, expunged convictions, all previous law violations and personal protection orders. Moved by Droste, supported by Griesbeck, to approve the Firefighter Minimum Eligibility Requirements for the establishment of a new 2015-17 Firefighter Eligibility List, as amended. Yes: All. The motion carried. 7. Communications from Citizens Sean Mangan addressed the Commission and thanked them for their service and for considering his appeal. The Commissioners wished him well in his pursuit of a career in the fire service. 8. New Business Fire Chief Chris Martin and Human Resources Director Walt Blessed asked the commission to approve the past practice of using a tie-breaker based on the date an employment application was received by the City for purposes of assigning seniority when two candidates with the same total score and eligibility list rank are hired on the same date. The suggested tie-breaker would be that the candidate who submitted the application on the earlier date would have the higher seniority. Moved by Griesbeck, supported by Droste to approve the use of the date an employment application was received by the City as the tie-breaker in the assignment of seniority for the two candidates who attained the same total score and eligibility list rank and who are scheduled to be hired on the same date. 9. Adjourn Moved by Droste, supported by Jarema, to adjourn the meeting. Yes: All. The motion carried. The meeting adjourned at 4:45 p.m. ______________________________ Mark Carufel, City Clerk