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HomeMy WebLinkAboutMN-HRC-2003-06-24HUMAN RESOURCES (HR) COMMITTEE Regular Meeting June 24, 2003 Members Present: Alderperson Peterson, Alderperson Cogan, Alderperson Blumenthal, Mayor Alan J. Cohen Members Excused: Alderperson Mack, Alderperson Hershey Staff Present: George Apgar (Firefighter), Dan Tier (Fire Lieutenant), Brian Weinstein (IPFF President), Rob Covert (Firefighter), Lee LaBuff (Assistant Fire Chief), Brian Wilbur (Fire Chief), Tom Dorman (Deputy Fire Chief), Steve Thayer (Controller), Schelley Michell-Nunn (HR Director), Norma Schwab (City Attorney), Allen Green (Acting YB Director), Denise Malone (Administrative Secretary) Others Present: Members of the Media Alderperson Peterson called the meeting to order at 7:04 p.m. A. Agenda Review, Approval of Minutes & Announcements The Committee reviewed the minutes from the April 2003 meeting. Alderperson Cogan made a motion to approve the minutes. The motion failed due to the lack of a second. Alderperson Blumenthal requested more time to read the minutes because she had been out of town. There were no announcements or changes to the agenda. B. Employee Comments & Common Council Response Brian Weinstein, Firefighter and IPFF President, spoke in support of appealing the decision of the Position Review Committee to not fill the Assistant Fire Chief position. Mr. Weinstein thanked the Committee for listening to the Union’s concerns about not laying off Firefighters during the 2002 budget process. Mr. Weinstein stated that the Position Review Committee Human Resources Committee June 24, 2003 Page 2 decided that the Assistant Fire Chief position should not be filled. The IPFF Union would like to appeal this decision. Mr. Weinstein gave reasons why the position should be filled (i.e. the position has been funded for the 2003 budget year, so the money is available; the duties of this position have been shifted to the Fire Chief causing other responsibilities to be neglected; and the duties may be shifted to a Firefighter causing possible grievances, etc.) The IPFF Union would be willing to work with Common Council during the budget process to balance resources and to find a way to keep full staffing at the Fire Department. Mayor Cohen stated that the City is experiencing another difficult budget year and that it would be easier to consider position reduction through attrition than to lay off employees. The Committee will discuss this item later on the agenda. C. Chairperson’s Report. None. D. Affirmative Action Advisory Committee (AAAC) Update Alderperson Peterson stated that the AAAC did not meet in June. E. Sub-Committee Updates 1. Budget Process/Employee Impact Communications Alderperson Peterson distributed the final report from the Budget and Layoffs Sub-Committee and stated that any comments should be addressed to her attention. F. Personnel Items 1. Youth Bureau (Executive Session) Alderperson Cogan made a motion to go into Executive Session to discuss the employment history of an individual. After Executive Session, Chairperson Peterson reported that no action was taken. Human Resources Committee June 24, 2003 Page 3 2. Vacancy Review (Appeal) The Position Review Committee denied a request to fill the vacancy created by the retirement of Assistant Fire Chief Ray Wheaton. Fire Chief Brian Wilbur submitted a request to appeal that decision. Chief Wilbur stated that the loss of this position has caused a substantial impact on the department. Mr. Wilbur explained why the position should be filled and why the position’s duties could not be reallocated. The Committee asked members of the Position Review Committee to explain why the decision was made not to fill the vacant Assistant Fire Chief position. HR Director Michell-Nunn stated that the Committee recognized the need for the duties to be performed but also wanted to be cognizant of the City experiencing another difficult budget year. Mayor Cohen stated that the Position Review Committee discussed different options on how duties could be distributed among other Fire Department Staff without causing grievances or preventing other layoffs. Mr. Cohen stated that the duties could also be contracted out or the position could be filled at a later date. After discussion, Alderperson Cogan made a motion to go into Executive Session to discuss collective bargaining issues that may be affected by this appeal. Seconded by Alderperson Blumenthal. After Executive Session, Chairperson Peterson reported that no motion was taken to overturn the Position Review Committee’s decision. The Committee discussed options available to the Fire Chief that could alleviate the added duties of the vacant Assistant Fire Chief’s position. Fire Chief Wilbur will search other options and take them to the Committee of the Whole meeting next week if other options are found. G. Directors’ Report. None. H. Mayor’s Report. None. Human Resources Committee June 24, 2003 Page 4 I. New Business 1. Deputy Controller’s Residency Waiver Alderperson Cogan made a motion to go into Executive Session to discuss the employment history of an individual. After Executive Session, Chairperson Peterson reported the following: Alderperson Cogan made a motion to waive the Residency Requirement for the Deputy Controller position. Seconded by Alderperson Blumenthal. Motion carried 4-0. 2. Flexible Spending Account Increase HR Director Michell-Nunn stated that the City of Ithaca instituted a Flexible Spending Account for unreimbursed medical expenses in April 2002 and that the City established a one thousand dollar ($1,000) before tax limit for employee deductions. The City Controller and the HR Director are recommending that the amount be raised from $1000 to $1500 for the year 2004. After discussion, Alderperson Cogan made a motion to approve the request. Seconded by Alderperson Blumenthal. Motion carried 4-0. J. Old Business 1. City Administrator Local Law The Committee reviewed the City Administrator Local Law. After discussion, the following changes were made: Section 2.b: Search Process. The appointment of the City Administrator is subject to a search process by a committee that consists of five voting members; three Common Council members to be appointed by Common Council, the Mayor, and a professional in government administration, to be appointed by the Mayor subject to Common Council approval…. Section 2.c. Appointment. The Committee discussed whether the Mayor or Common Council would appoint the City Administrator. After discussion, Alderperson Cogan made a motion that Common Council would appoint the City Administrator. Seconded by Alderperson Blumenthal. Human Resources Committee June 24, 2003 Page 5 Ayes: 3 (Cogan, Blumenthal, Peterson) Nays: 1 (Cohen) Motion failed 3-1. Section 2.e: Powers and duties. The City Administrator shall … having working knowledge of fiscal management. It shall be the duty of the City Administrator to appoint heads of departments, as set forth in City Charter C26, which powers currently reside with the mayor as well as to exercise … The Committee discussed whether the City Administrator would appoint the City Attorney and the Chief of Police. After discussion, Alderperson Cogan made a motion that the City Attorney position remains an appointment of the Mayor along with the Chief of Police position. Motion failed due to the lack of a second. The Committee discussed whether the City Attorney’s position would be an at-will or a protected position. After discussion, Alderperson Blumenthal made a motion that it shall be the duty of the City Administrator to appoint heads of all departments and to delete “Assistant City Attorney as an appointment by the Mayor”. Seconded by Mayor Cohen. Motion carried 4-0. The initial language under 2.e. Powers and duties. will read as follows: “The City Administrator shall serve as the Chief Administrative Officer for the City of Ithaca and shall be responsible to the Common Council for the administration of all city affairs as described under this local law. The City Administrator shall be responsible for the administration of the city, which includes the coordination and delivery of services in addition to having a working knowledge of fiscal management. It shall be the duty of the City Administrator to appoint heads of departments, as set forth in City Charter C26 which powers currently reside with the mayor, as well as to exercise constant daily supervision over the activities and conduct of all department heads, to receive and investigate all complaints against them for misconduct, incompetence, and/or neglect of duty, and to exercise those powers set forth in City Charter C26.I related to the discipline and removal of selected officers which powers currently reside with the mayor. The City Human Resources Committee June 24, 2003 Page 6 Administrator may, by way of enumeration and not by way of limitation, have the following specific powers and duties:” 2.e.2. Powers and duties. Supervise and oversee all city department heads (except for elected officials). Alderperson Cogan made a motion to move the City Administrator Local Law to Common Council as amended. Seconded by Mayor Cohen. Motion carried 4-0. K. Adjournment With no further business, the meeting was adjourned at 10:40 p.m.