CITY OF UTICA
MUNICIPAL CIVIL SERVICE COMMISSION AGENDA
FEBRUARY 16, 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 January 19, 2021 as written or as corrected.
A. We did not officially designate a Chairperson at out last Civil Service Commission Meeting.
Make a motion to designate the Chairperson and Term.
4. Oral and written communications received:
A. Correspondence has been received from Corporation Counsel William Borrill concerning guidance on return to work/use of COVID-19 paid sick leave.
B. Resolution has been received from the Board of Estimate and Apportionment has been received approving the terms and conditions of a tentative agreement
between the City of Utica and the Civil Service Employees Association, Inc., Local 1000, AFSCME, AFL-CIO, dated January 11, 2022.
C. Ordinance amending the complement of the Bureau of Police has been received. Section 2-2-167. Composition of Bureau of Police
The sworn personnel and composition of the Bureau of Police of the Department of Public Safety shall consist of the following members and ranks:
Rank Number Authorized
Chief 1
Deputy Chief 1
Police Captain 3
Police Lieutenant 6
Police Sergeant 26
Police Officer 111
Police Officer (Investigator) 22
Total 170
The Commissioner of Public Safety shall continue to assign the personnel of the Bureau of Police, in such numbers and of such rank as deemed necessary, to such divisions and assignments within the Bureau of Police as may be created, all in accordance with law.
The above composition includes the additional positions for Police Officers. It is not intended to permanently increase the composition of the Bureau of Police.
After December 31, 2024, as vacancies occur in the Bureau by retirement or otherwise, the complement of police officers shall be reduced by attrition until it returns to the level of 106 positions and the total complement shall be reduced by the same.
D. Resolution has been received from the Board of Estimate and Apportionment concerning the 2022-2023 Table of Organization where it was determined to fix the positions, salaries, and wages as set forth in the 2022-2023 Table of Organization, and the Secretary is hereby directed to immediately certify and submit the same to the Common Council pursuant to law.
E. Resolution has been received from the Board of Estimate and Apportionmefit noting that the itemized statement as prepared by the Board of Estimate and Apportionment Revenues and Expenditures of the City of Utica for the 2022-2023 fiscal year, presented for consideration at this meeting, be and the same hereby is, adopted as the Annual Estimate of the Board of Estimate and Apportionment for the 2022-2023 fiscal year, and the Secretary is hereby directed to immediately certify and submit the same to the Common Council pursuant to law.
5. Fees Collected:
A. A total of $175.00 has been forwarded to Comptroller William Morehouse for the following examinations:
Cashier #66-702;
Housing Code Inspector Trainee #66-663; and Bookkeeper #67-871.
6. Adoption or amendment of job specifications:
A. Mayor Robert M. Palmieri and Police Chief Mark Williams have requested that the minimum qualifications for the title Deputy Police Chief be updated. The minimum qualifications were last updated in 2001.
If acceptable, make a motion to approve the changes proposed for the competitive title of Deputy Police Chief.
B The Department of IT has requested that the minimum qualifications for the title Computer Specialist be updated.
There are no requested changes to the minimum qualifications. The only changes proposed would be updated the specific computer language and removing any duties not relévant to this position.
If acceptable, make a motion to approve the changes proposed for the competitive title Computer Specialist in the IT Department.
The Department of Public Safety, Bureau of Police had advertised for two (2) months for the position of Grants Writer. We received 20 applications/resumes, 13 of which were rejected because of residency. Three (3) interviews were scheduled with the candidates that reside in the City of Utica. There were several employees involved in the interview process and the candidate that was chosen currently works for the Oneida County Sheriffs Department in a clerical title.
She possesses a Master’s Degree but that Degree would not be considered qualifying since it is in Cyber Security. She does have experience in grants writing for the Sheriffs Department.
Relief is sought to reduce the minimum qualifications to allow this provisional appointment to be considered.
The current qualifications call for a Bachelors or Associates Degree in Business Administration, Public Administration, Political Science, Planning or a closely related field and experience in grants writing, grant procurement, research, technical writing or coordination/administration of a public or private grant program.
It is proposed to keep the existing qualifications and add another qualifier as High School Diploma and three (3) years of experience in a clerical position.
There are no other changes proposed.
If acceptable, make a motion to approve the changes proposed for the competitive title of Grants Writer.
The Assessor’s Office had advertised for two (2) months for the position of Real Property Data Clerk. We received 26 applications/resumes, 20 of which were rejected because of residency. This office contacted 4 applicants requesting further information with no reply. Two (2) interviews were scheduled and the candidate that was chosen does not have three (3) years of clerical experience.
This candidate does have a Real Estate License and the Assessor’s Office does believe she will be an asset. This is an entry level position.
It is proposed to add a qualifier of High School Diploma or a High School Equivalency Diploma.
To compare, the next step up in the Assessor’s Office would be Real Property Data Collector, which is a higher title and grade. To qualify for this higher title, an applicant would only need a High School Diploma or a High School Equivalency Diploma.
If acceptable, make a motion to update the qualifications for the title Real Property Data Clerk.
E. The Department of Urban and Economic Development, Section 8 has advertised for two (2) Administrative Clerk positions. We received 38 applications, 34 of which were rejected for residency and for failing to meet the qualifications. Three
(3) interviews were scheduled and the candidate selected doesn’t meet the current qualifications. Our current qualifications call for an Associates Degree or High School Diploma with clerical experience. The candidate chosen has a Bachelors Degree. Unfortunately, the qualifications are interpreted literally so the Bachelors Degree isn’t qualifying. This is an entry level title, therefore the request is being made to update the (B) qualifier to High School Diploma or High School Equivalency Diploma and one (1) year of clerical experience.
If acceptable, make a motion to update the qualifications for the title Administrative Clerk.
F The Department of Urban and Economic Development, Section 8 has advertised for one (1) Financial Analyst position. We received 13 applications, 12 of which were rejected for residency and for failing to meet the qualifications. No interviews were scheduled. Housing Assistance Administrator Krystal Curley has completely revised the job description in an effort to attract a qualified candidate.
If acceptable, make a motion to update the qualifications for the title Financial Analyst — Section 8.
G The Municipal Housing Authority has requested an update to the job specification for Assistant Asset Manager. This title is only used by the Municipal Housing Authority and it does not call for any promotional qualifications. The only request being made would be to add a promotional opportunity for continuous permanent Housing Assistance Representatives’to the minimum qualifications.
If acceptable, make a motion to update the qualifications for the title Assistant Asset Manager.
H The Municipal Housing Authority has requested an update to the job specification for Carpenter. This title is used by the City of Utica, the Utica City School District and the Municipal Housing Authority. MHA is not requesting changes to the current job spec other than to add a qualifier. The current issue is that MHA is receiving applications from very qualified, skilled applicants that do not have a
U.S. Diploma. MHA is requested an additional qualifier of“an equivalent combination of experience and training and the demonstrated ability to perform the duties of this position”.
The Municipal Housing Authority does have a highly skilled senior crew that perform a skilled assessment test of candidates prior to any offer of employment. The performance of the candidate will continue to be monitored during the probationary period.
If acceptable, make a motion to update the qualifications for the title Carpenter.
I. The Municipal Housing Authority has requested an update to the job specification for Maintenance Mechanic. This title is used by the City of Utica and the Municipal Housing Authority. MHA is not requesting changes to the current job spec other than to add a qualifier. The current issue is that MHA is receiving applications from very qualified, skilled applicants that do not have a U.S. Diploma. MHA is requested an additional qualifier of“an equivalent combination of experience and training and the demonstrated ability to perform the duties of this position”.
The Municipal Housing Authority does have a highly skilled senior crew that perform a skilled assessment test of candidates prior to any offer of employment. The performance of the candidate will continue to be monitored during the probationary period.
If acceptable, make a motion to update the qualifications for the title Maintenance Mechanic.
7. Approval of New Positions:
A. The Department of Public Safety, Bureau of Police has requested one (1) Grants Writer position. This position is classified as competitive.
All of the required paperwork has been received.
If acceptable, make a motion to approve the request for one (1) Grants Writer position at the Department of Public Safety, Bureau of Police.
B. The Municipal Housing Authority is requesting two (2) Assistant Asset Manager positions. This title is classified as competitive and would be a promotional opportunity for the current Housing Assistance Representatives.
All of the required paperwork has been received.
If acceptable, make a motion to approve the request for two (2) Assistant Asset Manager positions at the Municipal Housing Authority.
8. Appointments to Labor Class Positions:
In accordance with Rule V of the City of Utica Rules for 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 Public Works:
Justin Young was appointed as a Laborer at $20.60 per hour effective January 31, 2022.
Municipal Housing Authority:
Robert Harvey was appointed as a Maintenance Laborer at $35,252 effective January 3, 2022.
Utica Citv School District:
Javier Muniz was appointed as a Cleaner at $15.21 per hour effective September 7, 2021.
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 may be filled by the appointment of a person who meets the minimum qualifications”:
A. Municipal Housing Authority:
Semir Palic, and Muhamed Topic were appointed as Carpenters at $46,042 effective January 3, 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 Urban and Economic Development, Section 8 noting the provisional appointment of Jasmine Pena as an Administrative Clerk at an annual salary of $36,834 effective February 14, 2022. The examination for this title was ordered on April 16. 2021.
B. Paperwork has been received from the Municipal Housing Authority noting the provisional appointment of Caroline Hughes as an Officer Manager at an annual salary of $64,119 effective January 17, 2022. The examination for this title was ordered on January 21, 2022.
C. Paperwork has been received from the Municipal Housing Authority noting the provisional appointment of Shelley Penge as Deputy Executive Secretary at an annual salary of $130,000 effective December 1, 2021. The examination for this title was ordered on January 21, 2022.
D. Paperwork has been received from the Municipal Housing Authority noting the provisional appointment of Krystle Kleppang as Clerk-Typist at an annual salary of $31,692 effective December 28, 2021. The examination for this title was announced on January 21, 2022.
E. Paperwork has been received from the Municipal Housing Authority noting the provisional appointment of Joyce Angerosa as Bookkeeper at an annual salary of
$47,050 effective February 22, 2022. The examination for this title was held on February 5, 2022.
F. Paperwork has been received from the Utica City School District noting the provisional appointment of Zachary Nicotera as Operations Supervisor at an annual salary of $0,000 effective December 17, 2019. The examination for this title was ordered and then canceled because the School District said that they would not be filling the position. We just received paperwork concerning this appointment that was made in 2019.
11. Approval of Exempt Class Positions:
A. Nóne.
12. Examinations Ordered:
The following exarninations have been ordered:
T I T L E N U M B E R
Pur‹’Lasing Agent
February 5, 2022 Bookkeeper
February 27, 2022 Police Officei Agility Re-Test
67-871
Match 5, 2022 Cashier 66-702
Housing Code Inspector Trainee 66-663
Real Property Data Clerk 66-733
March 19, 2022 Firefighter—EMT Firefighter—Paramedic 68—455
64—424
June 1 t, 2022 Office Specialist Office Specialist 72—418
61—575
June 25, 2022 Fire Captain 72—677
Fire Lieutenant 72—724
WAITING FOR RESULTS OF
December 11, 2021 Accountant 66-410
Deputy Fire Chief 72-556
Administrative Aide, Engineering — Open Competitive Administrative Clerk, Secfion 8 — Open Competitive
Animal Control Parking Enforcement Officer, UPD — Open Competitive Assistant Asset Manager, Municipal Housing Authority — Open Competitive Assistant Asset Manager, Municipal Housing Authority — Promotional Assistant Engineer, Engineering — Promotional
Assistant Finance Administrator, Municipal Housing Authority —Promotional Cashier Supervisor, Comptroller’s OfEce — Promotional
Chief Fire Marshal, UFD — Promotional
Computer Support Technician, IT Open Competitive
Deputy Executive Secretary, Municipal Housing Authority —Promotional
Electrical Inspector, Codes — Open Competitive
Employee Insurance Specialist, Utica City School District — Open Competitive Financial Analyst, Section 8 — Open Competitive
Fire Marshal, UFD — Prorriotional
Housing Assistance Administrator, Section 8 — Open Competitive Housing Assistance Inspector, Section 8 — Open Competitive Housing Assistance Representative, Section 8 — Open Competitive
Grants \Vriter, UPD and Urban & Economic Development — Open Competitive Media Technician, Utica City School District — Open Competitive
MicxoComputer Training Specialist, Utica City School District — Open Competitive Office Manager, UPD, Open Competitive
Permits and Records Clerk, Codes Enforcement Office — Open Competitive Principal Clerk, Utica City School District — Open Competitive
Principal Planner, UED — Promotional
Purchasing Agent, Purchasing — Open Corripetitive Receptionist, 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 Occupational Therapist #2022-B was announced on January 21, 2022. This examination is scheduled for March 12, 2022. This eligible list will be used to fill the existing vacancies at the Utica City School District as well as any future vacancies.
B. The open competitive examination announcement for Clerk-Typist #2022-A was announced on January 22, 2022. This examination is scheduled for March 12, 2022. This eligible list will be used to fill the existing vacancy at the Municipal Housing Authority and any future vacancies.
C. The promotional examination announcement for Police Chief — Type C #77-723 was announced on January 20, 2022 and re-issued February 2, 2022. This examination is scheduled for March 19, 2022. This eligible list will be used to fill any future vacancies at the Department of Public Safety, Bureau of Police.
D. The promotional examination announcement for Deputy Police Chief— Type C #77-720 was announced on January 20, 2022 and re-issued February 2, 2022. This examination is scheduled for March 19, 2022. This eligible list will be used to fill any future vacancies at the Department of Public Safety, Bureau of Police
14. Certified Eligible Lists:
A. None.
15. Establishment of Eligible Lists:
A. None.
16. Applications for Examination:
A. Review and approve/disapprove examination applications for:
Cashier #66—702;
Housing Code Inspector Trainee #66-663; Real Property Data Clerk #66-733; Firefighter-EMT #68—455; and
Firefighter-Paramedic #64—424.
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 Officer Joshua Harrington effective January 21, 2022 through January 25, 2022; the Leave of Absence of Police Sergeant Benjamin Perra effective January 21, 2022 through January 27, 2022; the Leave of Absence of Police Officer Sado Korman effective January 21, 2022 through January 25, 2022; the Leave of Absence of Police Sergeant Kevin R. Strife effective January 21, 2022 through January 27, 2022; the Leave of Absence of Police Officer Brian M. Baye effective January 27, 2022 through January 31, 2022; the Leave of Absence of Police Officer Benny Grullon effective January 27, 2022 through January 31, 2022; the Leave of Absence of Police Sergeant Pernell Wadley effective February 3, 2022 through February 7, 2022; the Leave of Absence of Police Officer Clifford M. Wiley effective February 3, 2022 through February 7, 2022; and the Leave of Absence of Police Officer Aaron Llewellyn effective February 10, 2022 through February 14, 2022.
B. Paperwork has been received from the Department of Public Works noting the Leave of Absence of Heavy Equipmént Operator Scott Ellis effective February 15, 2022.
C. Paperwork has been received from the Municipal Housing Authority noting the reinstatement of Laborer Anaoliy Popov effective January 3, 2022.
18. Resignations/Retirements/Terminations:
A. Paperwork has been received from the Department of Engineering noting the removal of provisional Senior Engineering Aide Memphis Brannum effective February 11, 2022.
B. Paperwork has been received from the Department of Public Safety, Bureau Police noting the resignation of Police Officer Matthew R. Felitto effective January 25, 2022; the retirement of Police Officer Robert Kopek effective January 29, 2022; and the retirement of Police Officer Jeremy VanHome effective January 29, 2022.
C. Paperwork has been received from the Municipal Housing Authority noting the retirement of Office Manager Madeline Barlow effective January 15, 2022.
19. Review current Eligible List Master Schedule:
A. The Civil Service Commission has reviewed and taken action on all Eligible Lists due to expire through May 2022.
20. Other Business:
A. Paperwork has been received from City Clerk Melissa Sciortino noting the election of Katie Aiello as Councilmember, First Ward effective January 1, 2022 through December 31, 2023; and the election of Councilmember Samantha Colosimo-Testa effective January 1, 2022 through December 31, 2023.
B Paperwork has been received from the Municipal Housing Authority noting the appointment of Lucretia Hunt as a Commissioner effective January 1, 2022 through December 31, 2027.
Police Chief Mark Williams has submitted paperwork requesting that Oneida County Deputy Sheriff Andrew J. Citriniti and Oneida County Deputy Sheriff Sanel Beslic be laterally transferred to the City of Utica, Department of Public
Safety, Bureau of Police as Police Officers.
In accordance with Rule XVII of the Civil Service Rules for the Classified Service, which states “Upon The written request of an individual and the prospective appointing authority, and subject to the approval of the Commission, any individual serving in a competitive class position as a permanent appointee may be permanently appointed to another competitive class position subject to these rules without further competitive examination, provided:
(a) There is no preferred list appropriate for filling the position to which appointment is sought containing the name of an eligible willing to accept appointment; and
(b) There is no departmental promotion list for the position to which appointment is sought containing the names of three or more eligibles willing to accept appointment; and
(c) The commission determines that the examination's scopes and qualifications for the positions held and to which appointment is sought are identical; or
(d) When examination's scopes and qualifications are not identical, the New York State Department of Civil Service has determined that the examination for the position held involved or would involve essential tests
and qualifications the same as or greater than those of the position to which appointment is sought; and
(e) The Commission had determined that such appointment is for the good of the service.”
NOTE: One of the transferees is a resident of the City of Utica; each have completed the MPTC Course in accordance with the law; each has served their respective departments on a full-time permanent basis for more than fifty-two (52) weeks; and the minimum qualifications for examination are identical to the City of Utica’s.
D. Memo from Corporation Counsel regarding the Contingent Permanent appointment of Joseph Cieslak to the title Deputy Fire Chief.
Memo attached.
21. Review vouchers regarding Employment Agency hires: Golf and Parks
22. The next meeting of the Civil Service Commission is scheduled for March 16, 2022 at 3:30PM.
23. Adjourn Meeting.
ROBERT M. PALMIERI
MAYOR
WILLIAM M. B ORRILL, ESQ.
CORPORATION COUNSEL
ci \itY C. OWN, ESQ.
FIRST ASSISTANT CORPORATION COUNSEL
CITY OF UTICA
OFFICE OF THE CORPORATION COUNSEL
1 KIDDY PLAZA, UTICA, NEW YORK 13502
PH.315-792-0171 FAX. 315-792-0175
ASSISTANT CORPORATION COUNSEL
CHARLES N. BROS, EST. STEPHANIE R. DtGIORGIO, ESQ. SARAH C. HUGHES, ESQ.
DAVID A. LONGERETTA, ESQ.
]OSEPH V. MCBRIDE, ESQ. EHRISH NAWAZ, ESQ. OHN P. ORJLIO, ESQ. MERIM S Jlc, ESQ.
M E M O R A N D U M
TO: Civil Service Commission FROM: Corporation Counsel DATE: February 15, 2022
RE: Contingent Permanent Appointment of Joseph Cieslak
to the Civil Service Title of Deputy Fire Chief
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:
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. County of Onondaga Sheriff s Dept., 71 NY2d 623, 634) [1988]) (citing City of Schenectadv
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v. State Div. of Human Rights, 37 NY2d 421, 430 [1975]; Matter of Cassid 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 [hf7?f] 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.
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