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HomeMy WebLinkAbout1995 09-12• • MERIDIAN CITY COUNCIL SPECIAL MEETING AGENDA TUESDAY, SEPTEMBER 12, 1995 -(0:30 P.M. CITY COUNCIL CHAMBERS PERSONNEL POLICY MANUAL: (ADOPTED) • • MEhIDIAN CITY COUNCIL SPECIAL MEETING SEPTEMBER 12, 1995 The special meeting of the Meridian City Council was called to order by Mayor Grant P. Kingsford at 5:00 P.M.: MEMBERS PRESENT: Walt Morrow, Max Yerrington, Bob Corrie, Ron Tolsma: OTHERS PRESENT: Will Berg, Wayne Crookston, Gary Smith, Shari Stiles, Chief Gordon, Brian Zimmermann, Bill Allen, Rod Shaul, Ken Bowers, Marty Hill: Kingsford: Let's call this meeting to order, notice of a special meeting, notice is hereby given that the Meridian City Council of the City of Meridian will hold a special meeting to discuss and adopt the personnel manual for the City of Meridian at City Hall, 33 East Idaho, Meridian on Tuesday September 12, 1995 at 5:00 P. M. The public is welcome to attend. It was dated the 7th of September. At this time I will open that meeting and cover that subject and that subject only. Council members, where do you stand on that Personnel manual. Again our hope at the last meeting was that we could have the special meeting any amendments that you wanted on it we could approve it on that basis and have this thing typed up and put to bed we hope. Morrow. And I agree with that, I have some questions or comments on several things. On page 2, it says underneath methodism for prohibition, it says any such appointments may be voided by the Chief Executive if not voluntary by the appointing official. For a point of question, maybe because the rest of this says Mayor shouldn't it maybe say the Mayor and Council? Or Commissioner or whatever? That is a point of clarification. (Discussion Inaudible) Morrow. Well, to be consistent with the document we are talking about and or Council on all of the other things and so it seems to me like it makes sense to be consistent all the way through. Kingsford: Is that true Walt then I would have to go back through and research, is that true of termination. Generally speaking and not only at the local level but the national level and state level and executive appointment is by confirmation with the Council or the legislative body and so forth, but a termination is not. The executive has the power to terminate on his own. Is that different through this document? It needs to read the same I certainly agree with you on that. Morrow. You see what the appointment made here may be voided by Chief Executive and I didn't see Chief Executive referred to very many more times in the document. So my question is Chief Executive and Mayor the same thing? Kingsford: Yes, all of the stuff that I sign will say Chief Executive officer of the city. • Meridian City Council Special Meeting September 12, 1995 Page 2 Morrow. Okay, so in this document does, since we are using. My question is (inaudible) Kingsford: Okay, let's change that then to the Mayor or Mayor and Council whatever your pleasure is. Morrow: It seemed to me to be not difficult to understand but create Kingsford: My guess Walt is that is the term that is used in Idaho Code 59-701. Corrie: We get to changing too much from the code then (inaudible) I understand where Walt is coming from. Kingsford: I can see your point, the various employees might trip over that term too. Mayor is probably more clear to them. Tolsma: (Inaudible) Kingsford: Okay, so they are intermingling Mayor and Chief Executive and then they are talking about the legal counsel entity. In this sense then Mayor and Chief Executive are talked about the same person. Morrow: My observation was one of consistency so it wouldn't create confusion I guess. Kingsford: So up above that strike Chief Executive and put Mayor down below, strike Chief Executive and put Mayor? Morrow. That is food for thought, if that is what we want to do let's be consistent one way or another. Kingsford: I certainly would have no quarrel with that. I think part of the problem with this document is we plagiarized it from so many sources that everybody, they use Chief Executive whether they are talking about County or School District or whatever. So we'll strike Chief Executive here and put Mayor and then down below in B and D then to say Mayor. Is that satisfactory? Morrow. That is fine with me. My next area of question is on page 6, it was just really kind of a comment in terms of talking about workplace conduct. It seems to me and remembering the specific incident in terms of a water termination that we ought to maybe spell out as a policy that if there is conflict between a citizen that a department head ought Meridian City Council Special Meeting September 12, 1995 Page 3 to handle that conflict as quickly as possible. From the standpoint that I don't think that our employees are either prepared for nor should they be expected to handle irate taxpayers to the point of this particular employee was yelled at, screamed at, had her in tears. It seems to me that the minute something like that happens or begins to happen. that the procedure ought to be that it is directly a department head or greater that resolves the conflict. So my thought was maybe we have some sort of language that gives them a hint as to that they are not to try to resolve major conflicts or those types of things without some help. Kingsford: Where is the appropriate place to put that? Here we are talking about the conduct of the employee specifically and not their dealing with the public. Morrow. Grant I don't know where the proper place is, when I was reading the conduct of the employee my thought was that we are telling them what we expect of them in terms of how they conduct themselves and their affairs and maybe it was appropriate there from the standpoint that we tell them that they are expected to treat the public with respect and those types of things. But if the public gets out of hand then they are to resolve that with somebody else not try to resolve it themselves. Corrie: Mr. Mayor, why could that not be handled at the level of the supervisor to the employees and let them know about that. I would think that would be a standard. operating procedure. Morrow: And I don't disagree with that but they are the human factors. There we are assuming that the supervisor has that on his check list. Here by virtue of this document we are requiring every potential employee to read this and sign it as a condition of employment. Kingsford: How about Walt at page 7 down below G it says this list is not all inclusive of any conduct which might be deemed offensive should be avoided. And then in that next paragraph perhaps that could be worked in easily with just a sentence. There it talks about any employee who believes he or she has been subject to sexual harassment and that of course is covered in that up above. Might, we might put a sentence in there to say that in the event that either any employee that feels like they have been harassed by the public should have that dealt with by their department head. Morrow. Or conflic#s with the public are to be dealt with by supervisory people, the issue may very well be if it is at the front desk and Will is not there, and Will or the Mayor or Gary or whatever the case may be. r r Meridian City Council Special Meeting September 12, 1995 Page 4 Kingsford: Will is making a good point, maybe enumerate that in that, in those 9, could put it in those nine number or make it number 18. Corrie: I would think Mr. Mayor it would be a lot better than having it under the sexual harassment section. That (inaudible) list is not all inclusive again I would put it in as 18. We are going to have to have a cut off somewhere. Kingsford: What is your feeling for making 18 and then Morrow: That is fine. Kingsford: Agreed by everyone, so page 9 make a number 18. Morrow: Wait that is prohibitive workplace conduct. Well maybe it belongs as item #14 under Workplace Conduct. Kingsford: Do you want to make it number 5 on page 6 then excuse me #14. Morrow: That is fine. Kingsford: Conflicts arising between the public and employees should be handed over to the department head or supervisor. Corrie: If they don't do then they could be terminated right. Morrow. The point is I don't want people that are not skilled in that type of thing trying to handle it on their own. My next question is on page 16, at the top of the page, participation in the pool would be voluntarily. And before drawing from the pool an employee must use all available sick leave, all available vacation leave and three days of reduced pay in full. What is three days of reduced pay in full mean, I didn't understand that. Kingsford: It shouldn't be reduced pay it should be no pay. And then strike reduced and in full I think say three days of no pay. With regard to the firemen we have inserted there 24 hours instead of and you can put 3 days/24 hours of no pay. Corrie: Mr. Mayor, have we done all of that days to hours for the fire department? Kingsford: t hope so. Corrie: Kenny gave you those? • Meridian City Council Special Meeting September 12, 1995 Page 5 Kingsford: I think they are all in here now. For example there are 24 hours under B, where we have one day they are talking about hours. Down in E there is three days, 24 hours. Is that agreeable, three days of no pay. Morrow. I understand that. Then on page 18, under leaves of absence, my question here is the sentence reads up to 30 days unpaid leave can be granted by the Chief Executive Mayor for a justifiable purpose. My thought was there in each department there is a Commissioner involved. The Commissioner of that department ought to be part of that decision process. So, food for thought is maybe it ought to be Mayor and Department Commissioner jointly or I am throwing that out for comment back. Kingsford: I would agree in those areas that there are Commissioners in City Hall where basically the Mayor runs, if you put and/or it would be one or the other. Corrie: I would suggest that it is and/or because it could be changed down the line. Kingsford: Or you can say Mayor and Commissioner where appropriate. Morrow: So Mayor and Commissioner. Kingsford: That was 240 hours and then likewise down below was 240 hours where they talked about then in excess of 30 days/240 hours. Will's point there under 6 that at the end of that where it says written approval of the Mayor and the City Council. Probably add in the case of fire, Rural Commissioners. Morrow: Okay, so that is the first paragraph under leaves of absence (inaudible). Kingsford: Right, right after City Council put and Rural Commissioners, including the Rural Commissioners like it is up above in that paragraph up above it. Does that meet your approval there Mr. Hill? What else guys? Morrow. On page 22, we are talking here, it is under paragraph, employee personnel files. And I am not exactly sure what my point is here but the last sentence says such purging of records may be done by the supervisor with the concurrence of the Mayor and City Council annually without notifying the employee. So I guess my interpretation of that was is that we are empowering the supervisor to purge disciplinary action notice from an employees personnel file Kingsford: If the Mayor and Council agree to it. Meridian City Council Special Meeting September 12, 1995 Page 6 Morrow: What is the form for that, is that an executive session meeting or is that Kingsford: Anything dealing with Personnel you would have to discuss that in executive session yes. Of course there you are not taking away any rights of an employee or purging any negative that might be in there. Morrow: So the sentence is clear then that the supervisor has to have. Kingsford: Well it is to me. Corrie: Has to have both the Mayor's and Council's approval. Morrow: Then I guess the last point that I had which was under the Shoshone County leave policy. A point that I thought was very well made, it is probably, it is under employee use of sick leave bank, it would be on the 3 page, item #1-C. I think this is a good point when we set up our sick leave bank that documentation by the employee that a known illness/injury did not exist prior to the initial sick leave bank enrollment. I think that is a very important point that I noticed within the Shoshone County sick leave set up. Kingsford: So include that in our sick leave bank paragraph. Morrow: The document with Shoshone County was very well done, the one thing that I saw that we had not to my recollection discussed, it is a really made well point seems like to me. That v~rould conclude that observations that I had. Kingsford: Is it the consensus of the group that you want it in there, I guess I just heard a positive from Walt, what do the rest of you say, pre-existing. Okay, item C then will be included in our sick leave bank policy. Max, what do you have? Yerrington: Nothing your honor. Kingsford: Did all of you take a look at this from John Shawcroft, the water department, did they all get one of these Will? Christmas and Thanksgiving should be compensated at time and a half or double time plus the standard alternative holidays. Morrow. I was asking for an explanation, I didn't know exactly. Kingsford: That is your department I was hoping maybe you would explain it to me. Morrow. I just got here not 15 minutes ago and I have to talk with my guy to see what the Meridian City Council Special Meeting September 12, 1995 Page 7 heck he is trying to tell me because I don't know. Time and a half or double time plus the standard alternate holidays that means to me that it is almost triple time. Kingsford: See that is what I am reading is we pay time and a half or double time and then we give them the time off is what I am looking at here. Morrow: That is not something that we are going to do. Kingsford: Down in the fire department for example, Chief correct me if I am wrong or the police department those guys work that shift regardless and they then get a holiday off somewhere else am I right? Gordon: The hours. Kingsford: Yes, the hours compensated for it. Gordon: The ten days off in patrol division to take as you see fit and if they are scheduled to work there is no such thing as a holiday. They have the ten days off and (inaudible) Morrow: But they are not getting time and a half or double time and alternate holidays? Gordon: No Kingsford: I looked at that that I thought maybe you would give me an explanation because that is what I read it as basically you are talking about triple time or (inaudible) Morrow. Well that is how I read it too and I thought my eyes have to be lying to me. Kingsford: They have a similar situation very often at the treatment plant because they are going to have to work the stuff keeps flowing. But none the less it shouldn't get both the double time an the time off. Morrow. I think what I would like to see and Gary and I will talk about this with John but I would like to see us remain consistent with the police and fire department and water. Smith: Mayor and Council that was a policy initiated years ago by our previous superintendent. As I understand the reason for that was because it was a family holiday or more family oriented than any of the other holidays. Kingsford: That was then just a policy he set up to (inaudible) in the treatment plant. I was ~ ~ Meridian City Council Special Meeting September 12, 1995 Page 8 totally unaware of that. Morrow: Me too and it is not anymore. Smith: They have their schedule arranged so that (inaudible) in the sewer or having to work that holiday two years in a row. They rotate so that doesn't happen. Tolsma: (Inaudible) Smith: No they are there. Morrow: They have to monitor and run tests and do everything, regular shift. (Discussion Inaudible) Smith: Like I said in the past that lift station thing is a 365 day a year job that is just one of those days that somebody has to be there. Tolsma: It wouldn't be any different then the police department or the fire department though. They have to be there that day too. Kingsford: Bob? Corrie: Kenny, have you, do you have anymore than you have given to him? Bowers: (Inaudible) I think Will and I talked about it. Kingsford: I think Kenny all the things you guys talked about are in here but you might just go through that again if you have ear marked those. Bowers: I had a question on page 19, it said something about (inaudible) Kingsford: You are talking about the Family Medical Leave Act. Bowers: (Inaudible) less than 12 weeks we do have that in hours too right now. Kingsford: I don't think so because you are talking about the Family Medical Leave Act. Bowers: That is what I talked to Will about and what we should do. Meridian City Council Special Meeting September 12, 1995 Page 9 Kingsford: I don't know whether the Bower: I was kind of concerned (inaudible) Kingsford: I think here you are talking about Kenny if you take up all of your leave, your paid leave ability then an entity has to provide you under the Family Medical Leave Act time off so they take you back. What is what they are talking about here. So then they wouldn't be on shift and I don't think you would have to convert that to hours. Bowers: Then on page 18, #6, we talked about 30 days putting hours in there. I was asking him about that (inaudible) Family and Medical Leave Act, are we still in the same boat there where we need to convert to hours? (Inaudible) act does say 12 weeks. Kingsford: There you are talking about unpaid leave again and l would think you wouldn't need to convert that to hours (inaudible) went through it before. I would think that those ought to be just weeks then as well. Bowers: Well, Will and I talked about that. Kingsford: Because the act speaks to just days it doesn't speak to shifts or that sort of thing. Bowers: The hours in there we wouldn't be going against the act. Kingsford: I think you can drop the hours out of those, out of that paragraph Chief. That is a-good point Chief. Because you are talking about unpaid leave there. So then a person that is not on shift you don't need to convert those to hours. Anything else Chief? dowers: Page 23, 1 am sure Wilt got that in there (inaudible). Kingsford: Yes, except in the fire department to one year. Hp has that hand note in there. Bowers: That is it Mayor. ~Cingsford: Did you have anything, your Commissi~er didn't say anything but did you have anything thief? Gprdon: No sir, other thin I would like authorization, ~~n to incorporate this into my policy sawe don't operate (inaudible). Also with the agrg~ment or the authorization that I can mike it tougher but not more lenient (inaudible) • ~ Meridian City Council Special Meeting September 12, 1995 Page 10 Kingsford: We will need to have a copy of your policy in the office now. Anything else Bob? Ronald? Tolsma: No, t think Walt (inaudible). Corrie: We will have this all put together? Kingsford: I guess we are faced with two options here. Are you prepared to approve it with those notes that we have made today, keep your notes double check them when you get your full text. I think you are going to have to look at that full text again for printing errors and typos and that sort of thing. Is that your pleasure then to approve the amended document this evening. Morrow: It is mine. Kingsford: One thing that Will has brought up that is a good point, but I, I didn't say anything earlier because I am of the opinion this ought to be passed and we will amend it should we need to. The lady from IRS has been in and has been just a load of fun. And it might very well be that there will have to be some amendments or addendum put on this with regard to travel pay, with regard to reimbursements those sorts of things. But if that is the case than that is the case. I think we need to go ahead, we have dinked around with this for a year. Counselor do you have any comments? Crookston: I don't. Kingsford: Is there a motion? Morrow: Mr. Mayor, I would move that we adopt the City of Meridian personnel policy subject to the clarifications and the changes that we made this afternoon. Tolsma: Second Kingsford: Moved by Walt, second by Ron to approve of the Meridian City personnel policy manual subject to the changes made, clarifications this afternoon, any discussipn? All those in favor? Opposed? .MOTION CARRIED: All Yea Kingsford: I want to give thanks to anyone that gave input into this document. It has been a long and tedious process that I am sure that nobody envisioned but me. • Meridian City Council Special Meeting September 12, 1995 Page 11 (Inaudible) • Kingsford: I think that just as soon as the final copy runs off and we have proof read it. Well, let's have it be effective the fiscal year we are right there, let's have it be October 1. Morrow: Mr. Mayor f would if you think to withdraw the motion would be appropriate. Kingsford: I think we could add a motion to have it effective separately. Morrow: Alright the second motion would be for the Meridian City personnel policy to become effective October 1, 1995. Yerrington: Second Kingsford: Moved by Walt, second by Max to have the personnel manual become effective October 1, 1995, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: If there is nothing else to discuss about the personnel manual that is all that was noticed for. I would entertain a motion to adjourn? Corrie: So moved Yerrington: Second Kingsford: Moved by Bob, second by Max to adjourn, all those in favor? Opposed? MOTION CARRIED: All Yea MEETING ADJOURNED AT 5:30 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: NT P. KINGSFO D, A • • Meridian City Council Special Meeting September 12, 1995 Page 12 ATTEST: ~~ ~~ j,~L WILLIAM G. BERG, JR., CITY CLERK