Civil Service Commission

April 20, 2022 Agenda

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CITY OF UTICA
MUNICIPAL CIVIL SERVICE COMMISSION AGENDA
APRIL 20, 2022

1. Roll Call: Teresa Wojnas, Chairperson
Craig B. Minor, Commissioner David H. Williams, Commissioner
Lori A. Wrobel, Secretary to the Civil Service Commission

2. Call the Meeting to order.

3. Review and approve Civil Service Commission Meeting Minutes from March 16, 2022 as written or as corrected.

4. Oral and written communications received:

A. Resolution has been received from the Board of Estimate and Apportionment noting that the Table of Organization for 2021-2022 has been amended as follows:

Department of Ski Chalet (A57181 — Wages)

CHANGE: 1 Laborer to Seasonal Laborer from $15 to $19 per hour. EFFECTIVE: February 3, 2022

EXPLANATION: To increase rate of pay per contact grant award — Wadas.


B. Resolution has been received from the Board of Estimate and Apportionment noting that the Table of Organization for 2021-2022 has been amended as follows:

Department of Ski Chalet (A57181 — Wages)

CHANGE: 1 Laborer to Seasonal Laborer from $15 to $17 per hour. EFFECTIVE: February 3, 2022

EXPLANATION: To increase rate of pay per contact grant award — Wadas.

C. Resolution has been received from the Board of Estimate and Apportionment noting that the Table of Organization for 2021-2022 has been amended as follows:

Department of Information Technology (A51680 — Wages)

DELETE: Provisional Computer Support Specialist (Grade 16) at $38,523 ADD: Provisional Computer Specialist (Grade 22) starting at $47,363 -
$53,052.

EFFECTIVE: March 14, 2022

EXPLANATION: The new position provides for additional duties beyond that for a support position.
D Memorandum of Agreement from the Board of Estimate and Apportionment has been received noting that a Grade 17 has been assigned to the title Recreation Specialist.

E. Resolution has been received from the Board of Estimate and Apportionment noting that the Table of Organization for 2021-2022 has been amended as follows:
Department of Youth Bureau (A57310 — Wages) DELETE: One Laborer at $17.77 per hour
ADD: Recreation Specialist starting at $39,284 - $43,672

EFFECTIVE: March 14, 2022

EXPLANATION: The new position provides for additional duties beyond that of a Laborer.

Resolution has been received from the Board of Estimate and Apportionment noting that the Table of Organization for 2021-2022 has been amended as follows:
Department of Parks (A57110 — Wages) UNFUND: One Laborer at $17.77 per hour
ADD: One Mechanic starting at $20.20 per our - $22.62 per hour

EFFECTIVE: March 28, 2022

EXPLANATION: The new position provides for additional duties beyond that of a Laborer.

G. Memorandum of Agreement from the Board of Estimate and Apportionment has been received noting that the title Assistant Engineer has been upgraded to Grade 25 and Junior Engineer has been upgraded to Grade 22.

H. Memorandum of Agreement from the Board of Estimate and Apportionment has
been received noting that the 2019 MOA for IT Project Manager has been rescinded and that the title IT Project Manager be reallocated to a Grade 31.

I. Memorandum of Agreement from the Board of Estimate and Apportionment has been received noting that the title Senior Payroll Clerk has been reallocated to a Grade 21.

J. Resolution has been received from the Board of Estimate and Apportionment noting that the Table of Organization for 2021-2022 has been amended as follows:
Department of Parks (A57110 — Wages) UNFUND: One Laborer at $17.77 per hour
ADD: One Maintenance Mechanic starting at $37,939 - $42,097.

EFFECTIVE: March 14, 2022

EXPLANATION: The new position provides for additional duties beyond that of a Laborer.

K. Resolution has been received from the Board of Estimate and Apportionment noting that the Table of Organization for 2021-2022 has been amended as follows:

Department of Public Safety, Bureau of Police (A53121 — Salaries)

ADD: Public Safety Relations and Recruitment Specialist at $60,000 EFFECTIVE: March 28, 2022
EXPLANATION: The new position will be deemed temporary for the life of the ARPA federal Grant funding and will be utilized for the City’s Police Reform Initiative “Pathway to Justice” as well as, to assist in other public safety initiatives as deemed necessary per the job description.

L. Resolution has been received from the Board of Estimate and Apportionment noting that the Table of Organization for 2021-2022 has been amended as follows:

Department of Engineering (A51440 — Wages) ADJUST: One temporary Laborer at $30.00 per hour EFFECTIVE: April 1, 2022
EXPLANATION: The new position was listed in the 2022 Table of Organization but was erroneously deleted in the 2023 Table of Organization.

M. Resolution has been received from the Board of Estimate and Apportionment noting that the Table of Organization for 2021-2022 has been amended as follows:

Department of Public Safety, Bureau of Police (A53121 — Salaries)

ADJUST: One Secretary to Police Chief from Grade 16 ($42,097) to Grade 20 ($49,013)

EFFECTIVE: April 1, 2022

EXPLANATION: To increase the rate of pay through an increase in pay commensurate with job duties.

N. Memorandum of Agreement from the Board of Estimate and Apportionment has been received noting that the title Secretary to the Police Chief has been reallocated to a Grade 20.


5. Fees Collected:

A. A total of $300.00 has been forwarded to Comptroller William Morehouse for the following examinations:

Administrative Aide #65-849;
Administrative Clerk #61-217;
Office Manager #77-765;
Office Manager #65-384.


6. Adoption or amendment of job specifications:

A. Commissioner of Parks and DPW David Short has requested that the job specification for the Non-Competitive title of Mechanic be updated.
The Parks Department had a Mechanic that retired in March 2021 and we have had this position advertised since prior to that retirement with ZERO interest.

The Parks Department does employ a Laborer that has been working alongside the Mechanic performing some of the same duties for several years. The only issue with his appointment would be that he does not hold a Commercial Drivers License.

It has been requested that the job specification be updated to include a qualifier that does not require a CDL.
NOTE: This position at the Parks Department is not required to operate heavy equipment like they are at DPW.

If acceptable, make a motion to update the job specification for the Non- Competitive title Mechanic.

B. Paperwork has been received from Marques Phillips who has been leading the Police Reform Committee. In an effort to comply with the police reform, the title Public Safety Relations and Recruitment Specialist is being proposed.

The incumbent would be responsible for the following:

Develop and administer a Public Safety Academy in conjunction with the Utica Police Department and the Utica Fire Department that offers young men and women the opportunity to earn money while learning about public safety careers.

Oversee budgeting, recruitment, programming and composition of the Public Safety Academy and effectively work with public safety entities to make the experience enriching and improve community relations.

Develop a comprehensive recruiting plan in conjunction with the Utica Police Department and Utica Fire Department.

Develop and administer a Public Safety Athletic League that works with members of public safety departments to encourage physical activity, community interaction and better relations with public safety entities and young residents of Utica.

Host neighborhood tours for recruits of Utica Police and Utica Fire Departments aimed at familiarizing them with communities and residents.

Proposed qualifications are Graduation from a regionally accredited or New York State registered college or university with a Bachelors Degree in Criminal Justice, Sociology or a closely related field and three (3) years of experience working in a community relations oriented events, particularly in the context of public relations.

If acceptable, make a motion to approve the proposed job specification for the title of Public Safety Relations and Recruitment Specialist.

This position is considered temporary during the life of the ARPA Federal Grant funding and will be utilized for the City’s Police Reform Initiative “Pathway to Justice” as well as, to assist in other public safety initiatives as deemed necessary.


7. Approval of New Positions:

A. The Department of Public Safety, Bureau of Police has requested one (1) temporary Public Safety Relations and Recruitment Specialist position. This position will be considered temporary under Section 64 of New York State Civil Service Law.

All of the required paperwork has been received.

If acceptable, make a motion to approve the request for one (1) temporary Public Safety Relations and Recruitment Specialist position at the Department of Public Safety, Bureau of Police.

B. The Municipal Housing Authority has requested one (1) additional Community

Resource Assistant position.

All of the required paperwork has been received.

If acceptable, make a motion to approve the request for one (1) additional Community Resource Assistant position for the Municipal Housing Authority.


8. Appointments to Labor Class Positions:

In accordance with Rule V of the City of Utica Rules Nov the Classified Civil Service, which states “a position in the labor class may be filled by the appointment of any person selected by the appointing officer of the agency where a vacancy exists” the following individuals have been appointed to Labor Class positions:

A. Department of Engineering:
John Bessette and Sebastian Campuzano were appointed as a temporary Laborers (Paving inspectors) at $17.50 per hour effective April 11, 2022.

Youth Bureau:
Helen Davis was appointed as a temporary Laborer at $12.00 per hour effective November 22, 2021 through February 28, 2022.


9 Appointments to Non-Competitive Positions:
In accordance with Rule IV of the City of Utica Rules for the Classified Civil Service, which states “a position in the non-competitive class nay be filled by the appointment of a person who meets the minimum qualifications”:

A. Department of Public Works (Re-Bid):
Nico Dorsagano was removed from the 11pm to 7am shift as a Laborer and added as a Heavy Equipment Operator during the 11pm to 7am shift at $23.60 per hour effective April 4, 2022;
Marvin Nelson was removed from the 11pm to 7am shift as a Laborer and added as a Heavy Equipment Operator during the 11pm to 7am shift at $23.60 per hour effective April 4, 2022;

David Pastorelli was removed from the 7am to 3pm shift as a Mechanic and added as a Heavy Equipment Operator during the 7am to 3pm shift at $23.20 per hour effective April 4, 2022.

B. Municipal Housing Authority:
Elio Dizdarevic was appointed as a Maintenance Mechanic at $37,873 effective March 28, 2022.

10. Appointments to Provisional and Temporary (Competitive) Positions:

Paperwork has been received appointing the following individuals to a provisional or temporary position:
Applications of candidates for positions in the classified service must be submitted to the Commission on the form and in the manner prescribed by the Commission.
The burden of establishing qualifications to the satisfaction of the Commission shall be upon the applicant.

A. Paperwork has been received from the Civil Service Office noting the provisional appointment of Jennifer P. Carbone as an Administrative Aide at an annual salary of $43,793 effective April 1, 2022. The examination for this title is scheduled for May 14, 2022.

B. Paperwork has been received from the Department of Codes Enforcement noting the provisional appointment of Hajrudin Cvrk as a Housing Code Inspector Trainee at an annual salary of $29,273 effective April 11, 2022. The examination for this title was held on March 5, 2022.

Paperwork has been received from the Department of Codes Enforcement noting the provisional appointment of Ka-Reema Mitchell as a Housing Code Inspector Trainee at an annual salary of $29,273 effective April 11, 2022. The examination for this title was held on March 5, 2022.
D Paperwork has been received from the Department of Engineering noting the provisional appointment of Jaxson Yacowenia as a Junior Engineer at an annual salary of $47,362 effective April 1, 2022. The examination for this title was ordered on April 11, 2022.

E. Paperwork has been received from the IT Department noting the provisional appointment of Stephen Piechowicz of Computer Support Specialist at an annual salary of $47,363 effective March 14, 2022. The examination for this title was ordered on April 11, 2022.

Paperwork has been received from the Department of Public Works noting the provisional appointment of Danielle Faulkner-Forgas as a Receptionist at an annual salary of $36,834 effective March 21, 2022. The examination for this title was ordered on April 11, 2022.

G. Paperwork has been received from the Youth Bureau noting the provisional appointment of Keith Brown as a Recreation Specialist at ari annual salary of
$35,598 effective March 14, 2022. The examination for this title was ordered on April 11, 2022.

H Paperwork has been received from the Youth Bureau noting the provisional appointment of Geralyn Frank as a Receptionist at an annual salary of $36,834

effective March 14, 2022. The examination for this title was ordered on March 14, 2022.

I. Paperwork has been received from the Municipal Housing Authority noting the provisional promotion of Carol Carzo as an Asset Manager at an annual salary of
$65,685 effective March 14, 2022. The examination for this title was ordered on January 18, 2022.

J. Paperwork has been received from the Municipal Housing Authority noting the temporary appointment of Kimberly Ververs as a Finance Administrator at an annual salary of $74,906 effective March 7, 2022 through March 6, 2023. This is not a provisional appointment but the examination for this title was ordered on April 11, 2022 since we do anticipate a vacancy.

K Paperwork has been received from the Engineering Department noting the temporary part-time appointment of Louis Matrulli as a Project Manager at an hourly rate of $35.00 per hour effective April 11, 2022.


11. Approval of Exempt Class Positions:

A. None.


12. Examinations Ordered:

The following exarriinations have been ordered:

E X A M I N A T I O N S C H E D U L E


March 5, 2022

March 12, 2022


March 19, 2022

Cashier
Housing Code Inspector Trainee
Real Property Data Clerk

Clerk—Typist
Occupational Therapist

Firefighter—EMT Firefighter—Paramedic Deputy Police Chief Police Chief

66-702
66-663
66—733

2022-A
2022-B

68—455
64—424
77-720
77-723


EXAMS ON ORDER:

Animal Control Parking Enforcement Officer, UPD — Open Competitive Assistant Asset Manager, municipal Housing Authority — Promotional Assistant Engineer, Engineering — Promofional
Assistant Finance Administrator, Municipal Housing Authority —Ptomofional Cashier Supervisor, Comptroller’s Office — Promotional
Chief File marshal, UFD — Promofional
Computer Support Specialist, IT — Open Competitive Computer Support Technician, IT —Open Compefitive
Deputy Executive Secretary, Municipal Housing Authority - Promotional Electrical Inspector, Codes — Open Competitive
Employee Insurance Specialist, Utica City School District — Open Competitive Finance Administtatox, IvfHA — Open Competifive
Financial Analyst, Section 8 — Open Competifive File i\Iaxshal, UFD — Piomofional
Housing Assistance Administrator, Section 8 — Open Competitive Housing Assistance Inspector, Section 8 — Open Competitive Housing Assistance Representative, Section 8 — Open Competitive Grants Writer, UPD — Open Competitive
Grants Writing Specialist, UPD — Open Compefitive Junior Engineer, Engineering — Open Competitive
Media Technician, Ufica City School District — Open Competitive
MictoComputer Training Specialist, Utica City School District — Open Competitive Operations Supervisor, U tica City School District — Open Competitive
Permits and Records Clerk, Codes Enforcement Office — Open Competitive Principal Planner, UED — Promotional
Purchasing Agent, Purchasing — Open Competitive Receptionist, DPW — Open Competifive
Recreation Specialist, Youth Bureau — Open Competitive Senior Engineering Aide, Engineering — Open Competitive
Telecommunications Specialist, Utica City School District — Open Competitive


13. Examination Announcements:

The following examinations have been announced in accordance with Civil Service Law:

A. The open competitive examination announcement for Office Specialist #61-575 was announced on April 11, 2022. This examination is scheduled for June 11, 2022. There is currently one (1) vacancy for this position in the Department of Codes Enforcement.

B. The promotional examination announcement for Office Specialist #72-418 was announced on April 14, 2022. This examination is scheduled for June 11, 2022. There is currently one (1) vacancy for this position at the Utica City School District.

14. Certified Eligible Lists:

A. A Certified Eligible List for Deputy Fire Chief #78-034 was forwarded to Mayor Robert M. Palmieri on April 18, 2022. #1 Joseph Cieslak was appointed as a Contingent Permanent Deputy Fire Chief effective April 18, 2022 at an annual salary of $93.744.


15. Establishment of Eligible Lists:

A. The results of the Clerk-Typist #2022-A have been recorded. There are three (3) names that appear on this Eligible List. Krystle Kleppang has been serving as a provisional for the Municipal Housing Authority and appears as #1 on this Eligible List with a score of 95.
The Municipal Housing Authority will be notified that Krystle Kleppang is reachable for permanent appointment.

The Eligible List for Clerk-Typist #2022-A can be established for a minimum of one (1) year to a maximum of our (4) years.

Make a motion to establish the Eligible List for Clerk-Typist #2022-A effective April 20, 2022 through April 20, 20


16. Applications for Examination:
A. Review and approve/disapprove examination applications for: Administrative Aide #65-849;
Administrative Clerk #61-217;
Office Manager #77-765;
Office Manager #65-384;
Office Specialist #72-418; Fire Captain #72-677; and Fire Lieutenant #72-724.

17. Leave of Absences/Reinstatements:

A. Paperwork has been received from the Department of Public Safety, Bureau of Police noting the Leave of Absence of Police Matron Janice Zampa effective March 23, 2022.

B. Paperwork has been received from the Department of Public Works noting the Leave of Absence of Mechanic David Pastorelli effective March 30, 2022.

C Paperwork has been received from the Department of Public Works noting the Leave of Absence of Maintenance Laborer Verin Ivan effective March 28, 2022 through April 27, 2022 and the Leave of Absence of Maintenance Laborer Anatolity Popov effective March 29, 2022 through May 2, 2022.


18. Resignations/Retirements/Terminations:

A. Paperwork has been received from the City Clerk’s Office noting the resignation of Common Council Member Delvin Moody effective March 17, 2022.

B. Paperwork has been received from the Department of Public Safety, Bureau of Fire noting the retirement of Fire Captain Carmen Bossone effective March 31, 2022.

C. Paperwork has been received from the Parks Department noting the resignation/termination of Laborer Jiovanni Tantillo effective April 7, 2022.

D. Paperwork has been received from the Youth Bureau noting the removal (end of season) of seasonal Laborers Elma Bico, Saudin Bico, Hanka Grabovica, and Elmedin Hodzic effective April 4, 2022.

E. Paperwork has been received from the Utica City School District noting the resignation of Food Service Worker Ashley Cowley effective February 9, 2022.


19. Review current Eligible List Master Schedule: A.

20. Other Business:

A. Paperwork has been received from Mayor Robert M. Palmieri noting the appointment of Venice A. Ervin as a Common Council Member effective March 18, 2022 through December 31, 2022 at an annual salary of $16,803.

B. Paperwork has been received from Mayor Robert M. Palmieri noting the appointment of Raymond H. Tucker as an Electrical Board Member effective January 1, 2022 through December 31, 2024 at an annual salary of $500.00.

C
21. Review vouchers regarding Employment Agency hires: Golf and Parks

22. The next meeting of the Civil Service Commission is scheduled for May 18, 2022 at 3:30PM.

23. Adjourn Meeting.

ROBERT M. PALMIERI
MAYOR

WILLIAM M. B ORRILL, ESQ.
CÒRPORATION COUNSEL

ZACHARY C. OREN, ESQ.
FIRST ASSISTANT CORPORATION COUNSEL

CITY OF UTICA
OFFICE OF TIME CORPORATION ÜOUNSEL
1 KENNEDY PLAZA, UTICA, NEW YORK 13502
PH.315-792-0171 FAx. 315-792-0175


ASSISTANT CORPORATION COUNSEL
Ci1/\RLES N. BROWN, ESQ.
STEPI-1ANIE R. DI GIORGIO, ESQ. S C. HUGHES, ESQ.
DAVID A. LONGERETTA, ESQ. JOSEPH V. MCBRIDE, ESQ. SEHRISH NAWAZ, ESQ.
OHN P. ORILIO, ESQ. MiuW SMAJIC, ESQ.

M E M O R A N D U M

TO: Mayor

FROM: Corporation Counsel DATE: April 13, 2022
RE: Contingent Permanent Appointment of Joseph Cieslak
to the Civil Service Title of Deputy Fire Chief


Memorandum to the Citv of Utica Municipal Civil Service Commission: (as presented on February 15, 2022)

Question Presented: Can Joseph Cieslak be appointed contingent permanent to the Deputy Fire Chief position where he currently serves as Temporary Deputy Fire Chief where he had been canvassed for that position, had promptly returned said canvass letter indicating his interest in the same, and has been temporarily appointed thereto where it has been subsequently discovered that the eligibility of all candidates for said position was not extended as a result of an administrative/ministerial error?
Answer: Yes. New York State’s highest court, the Court of Appeals, has repeatedly held that a local Civil Service Commission has the discretionary governmental appointive power to correct administrative errors/defects in the appointment process.

ANALYSIS:

Operative Facts:

Temporary Deputy Fire Chief Joseph Cieslak took the Civil Service Exam for said Deputy Fire Chief title and received the highest score on said exam and accordingly was at the top of the list of candidates eligible for appointment to said position.
As the top of the three (3) candidates that were eligible for the Deputy Fire Chief position, he was subsequently canvassed (along with the next top three candidates) for appointment to said position on or about September 10, 2021 which he promptly returned indicating his interest in appointment to the same.
On September 17, 2021 Captain Joseph Cieslak was temporarily appointed to the title of Deputy Fire Chief in which title he currently serves.
Thereafter, it was discovered that the list of his and the other candidates eligibility for said position had not been extended as the result an administrative error (and from which he and other candidates were canvassed and he was temporarily appointed, as detailed above).
Discussion:

The New York State Court of Appeals in Matter of Andriola v. Ortiz has expressly recognized and held:
Our decisions repeatedly have acknowledged the importance of the discretional governmental appointive power embodied in Civil Service Law
§ 61, and have rejected attempts to invoke the aid of the court to limit that reasonable exercise of that discretion.


. we explained the holdings in our previous decisions dealing with defects in the appointment process that “where a person has not been considered fairly for an appointment by a public employer, the remedy that generally will make the individual whole .. . is that the individual be fairly considered for the appointment.”

82 NY2d 320, 324-325 [1993] (italics in original) (quoting Matter of State Div. of Human Rights (Cottongim) v. Countv of Onondaga Sheriffs Dept., 71 NY2d 623, 634) [1988]) (citing Citv of SchenectadY
-2-

v. State Div. of Human Rights, 37 NY2d 421, 430 [1975]; Matter of Cassidv v. Municipal Civ. Serv. Comm. of City of New Rochelle, 37 NY2d 526, 528-529 [1975]; and Matter of Berger v. Walsh, 291 NY 220, 223
[1943].

Here, then Captain Joseph Cieslak was canvassed for appointment to the title of Deputy Fire Chief, returned his canvass letter indicating his interest in said position, and has been temporarily appointed to the same in which title he presently serves. But as a result of a subsequently discovered “defect[] in the appointment process,” his contingent permanent appointment to that title “has not been considered fairly” by the City. Accordingly, the remedy “that generally will make [him] whole” for the defect in the appointment process here is for Temporary Deputy Fire Chief Joseph Cieslak to “be fairly considered” for contingent permanent appointment to that title. It is the opinion of Corporation Counsel, based on the foregoing Court of Appeals’ precedent, that the Utica Civil Service Commission has authority to correct an administrative error such as the one presented here.


On February 16, 2022, the City of Utica Civil Service Commission extended the Deputy Fire Chief Eligible List that was established on April 18, 2018 and, as a result thereof, will now expire on April 18, 2022.
New York State Department of Civil Service Guidance: (as provided on April 1, 2022)

While the New York State Department of Civil Service advised it will not issue a written opinion or find reason to reactivate the list, it advised it does not (and will not) take action in such matters and will defer to the local Civil Service Commission, which is vested with the same authority as the State Civil Service Commission, on the same. The Department of Civil Service further advised it only acts in an advisory capacity to local Civil Service Commissions providing technical assistance.
The Department of Civil Service also advised it has never seen criminal charges emanating from such matters, including Civil Service Law §106.

On April 6, 2022, Captain Cieslak was canvassed for the contingent permanent position of Deputy Fire Chief, along with three others. On April 8, 2022, Captain Cieslak returned his canvass letter affirmatively indicating his interest in said position. All persons canvassed for said position were required to return their respective canvass letter by April 13, 2022.
Conclusion:

Based upon the forgoing, including the guidance from the New York State Department of Civil Service, it is our opinion that the list can be certified and the appointment of Captain Cieslak to the contingent permanent position of Deputy Fire Chief can be made forthwith.


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