Civil Service Commission

CITY OF STERLING HEIGHTS CIVIL SERVICE COMMISSION, ACT 78 MINUTES OF THE REGULAR MEETING OF MARCH 2, 2021 The Sterling Heights Civil Service Commission conducted a regular meeting on March 2, 2021 by conference call in accordance with the Michigan Open Meetings Act, as amended on December 22, 2020. The decision to utilize conference calling is a result of the current and ongoing pandemic, for which a local state of emergency has been declared by the City Council, and is designed to eliminate the need to meet at Sterling Heights City Hall or convene any other public gathering. This is intended to promote the health and safety of the Civil Service Commission, City staff, and members of the public, which is the goal expressed in the orders issued by the Michigan Department of Health and Human Services, and which is consistent with the emergency rules promulgated by the Michigan Department of Labor and Economic Opportunity on October 14, 2020 regarding remote work by employees. Any person, including his or her representative, who wished to participate during this public meeting had an opportunity to do so in accordance with the procedures set forth below. Interested parties were invited to call 586.446.2663 and enter ID Code 446 2426 1. Call to Order. The meeting was called to order at 11: 01 a.m. by Chair Terri Jarema. 2. Roll Call. Present: Chair Terri Jarema, via conference call, Sterling Heights, MI Commissioner Jerry Griesbeck, via conference call, Scottsdale, AZ Commissioner Kevin Conlan, via conference call, Bennet, FL Absent: None Also present: Melanie Ryska, City Clerk; Ed Miller, Interim Fire Chief; Don DeNault, Assistant City Attorney; Mario Bastianelli, Police Lieutenant; David Allen, Police Sergeant Also on the call: James Sharkey 3. Approval of Agenda. Moved by Griesbeck, supported by Conlan, to approve the agenda as presented. Yes: All No: None The motion carried. Civil Service Commission, Act 78 Meeting of March 2, 2021 Page 2 4. Approval of minutes of regular meeting of February 22, 2021 Moved by Conlan, supported by Griesbeck, to approve the minutes of the February 22, 2021 meeting as presented. Yes: All No: None The motion carried. 5. Appeal of Firefighter applicant James Sharkey Clerk Ryska noted that the Commission was provided a letter from Mr. Sharkey to appeal the decision to deny his background investigation and Mr. Sharkey is on the call. Chair Jarema noted that the Commission also has personal letters of recommendation for Mr. Sharkey, however, no other background information was given. Commission member Griesbeck stated we have all parties on the call available for questions. Commission member Conlan indicated he would like to hear from the Police Department. Lieutenant Bastianelli noted that the Police Department does a thorough investigation on all potential applicants and information was found during the investigation that was not provided by the applicant at the time of interview. The investigators took the police reports at face value and the applicant, during the interview, stated that he did not remember the incident and failed to provide any information on the incident. The Police Department has not changed its decision to deny the background. Chief Miller stated the Fire Department went on the recommendation of the Police Department based on the findings of the investigation. Commission Conlan stated he has thought about this appeal. He has 34 years’ experience in Fire service and he has had a thorough and exhaustive background done. All information must be disclosed during that investigation. He reviewed the circumstances of the findings in the background investigation and noted that the problem is that the information was not disclosed. Mr. Sharkey questioned how he would have known that he was being investigated. Chair Jarema stated that the discussion topic is that the incident was not revealed during the interview, not whether or not they informed you that they were investigating. Commission member Griesbeck agreed with Chair Jarema noting that the important Civil Service Commission, Act 78 Meeting of March 2, 2021 Page 3 issue is that the Police Department was looking for truthfulness during the interview. Had Mr. Sharkey disclosed the incident, this would be a moot issue. Mr. Sharkey insisted that the did not remember the incident or the traffic stop until he spoke with Lieutenant Bastianelli and probably would have gone many more years without knowing about the incident. He stated he was not trying to hide anything. Chair Jarema stated that any time anyone has an encounter with the police, they tend to remember those incidents as a life changing event. Contact with law enforcement is something that stays with a person for a long time. Mr. Sharkey noted that he understands that, however, he was forthright with things that he did remember. Chair Jarema inquired if Mr. Sharkey has had a lot of contact with law enforcement. He replied that he has had a bunch of traffic tickets and that he forgot about this incident until he was reminded. He noted he now remembers every single detail about the incident. Chair Jarema noted that this was an omission of background information, which is very important. The City has the finest police force and their background investigations are thorough. Perhaps Mr. Sharkey did forget, however, that does not excuse the omission. Commission member Griesbeck recalled going through the same investigation when applying for a job at the Sterling Heights Police Department. They were very firm by telling applicants to give correct information, good or bad. He even disclosed a speeding ticket, so he passed the background investigation. The position Mr. Sharkey is seeking is very important and should be filled with truthful and competent people. Commission member Conlan stated that it’s unfortunate that Mr. Sharkey forgot the incident, however, it’s a deal breaker. Had it been disclosed, this meeting would likely not have taken place because the issue is not that it happened, but that it was not disclosed. Moved by Griesbeck, supported by Conlan, to deny the appeal. Yes: All No: None The motion carried. 6. Communications from Citizens There were no communications from citizens. 7. New Business. Civil Service Commission, Act 78 Meeting of March 2, 2021 Page 4 None. 8. Adjourn. Moved by Conlan, supported by Griesbeck, to adjourn the meeting at 11:22 a.m. Yes: All No: None The motion carried. _____________________________ Melanie D. Ryska, City Clerk