MINUTES
GOVERNMENT OPERATIONS COMMITTEE
OCTOBER 27, 2004 3:00 P.M.
SCOTT HEYMAN CONFERENCE ROOM
Present: K. Herrera, Vice Chair; D. Winch; N. Schuler; D. Kiefer (arrived at 3:05 p.m.); M. Lane (arrived at 3:27 p.m.)
Staff: C. Covert, Clerk of the Legislature;
J. Wood, County Attorney; J. Kippola, Administration; S. Whicher, County
Administrator
Called to Order
Vice Chair Herrera called the meeting to order at 3:03 p.m.
Approval of Minutes
It was MOVED by Mr. Winch, seconded by Ms. Schuler, and
unanimously adopted by voice vote by members present, to approve the minutes
of August 19, September 16, and October 19, 2004, as submitted.
Contracts Policy
Ms. Kiefer arrived at this time.
Ms. Kippola distributed copies of the draft Contracts
policy and highlighted the changes. The significant changes include
a revised policy statement, dollar amounts for capital projects and the approval
level by the Legislature, and a paragraph concerning record of experience.
Mr. Winch expressed a concern that the paragraph regarding
the reporting of performance issues needs to be monitored carefully to prevent
any legal concerns arising. He also feels the contract managers or
appropriate person(s) should have some training before this is implemented
and that Ms. Kippola be responsible for that training. Ms. Kippola
commented that David Squires would be the holder of the reports and comments.
It was also noted that positive comments, not just negative, can be reported
in some manner.
Following a brief discussion, it was MOVED by Mr. Winch,
seconded by Ms. Schuler, and unanimously adopted by voice vote by members
present, to approve and submit the Contracts policy to the full Legislature
as presented.
Apprenticeship Program
Ms. Kippola distributed a draft report she prepared listing
the County's projects in the last three years and the contractors identifying
union or non-union and the difference between non-union award and next union
bidder.
Mr. Lane arrived at this time.
Following further discussion, Ms. Herrera presented the
following proposed language she would like to add to the resolution adopted
by the Committee at the last meeting and hoped it would answer some concerns
raised with locking out small and/or specialty contractors.
RESOLVED, further, That a total of 25 percent of the monetary
value of the contract may be exempted from this requirement to permit the
use of small or specialty subcontractors who would otherwise be excluded.
Ms. Kiefer appreciated the willingness to find a way to
include smaller local contractors but wanted clarity on
how this would be applied. She also wanted Ms. Kippola to finish the
analysis of how this resolution might have changed bid awards on past county
contracts, noting that without that analysis she can't judge whether 25 percent
and $1 million are the right parameters. Following discussion on the
resolution and no action being taken, Ms. Herrera said the original resolution
as approved at the last meeting will be placed on the next Legislature's
agenda and she will likely present a substitute resolution that includes
the above-mentioned resolved. Ms. Kippola agreed to provide an updated
spreadsheet she presented earlier in the meeting and submit it prior to the
Legislature's meeting on November 3rd.
Report from the County Attorney
Mr. Wood updated the Committee on a litigation matter.
Several months ago he reported on a case involving the Mental Health Association
where children were abused. The County's insurance company hired an
outside attorney at our suggestion and the attorney wrote a letter urging
the individuals not to sue the County because the County did not have anything
to do with the case and a suit was filed but the County was not sued.
The attorney will be sending the Mental Health Association a bill requesting
payment.
Report from the County Administrator
Mr. Whicher did not have a report.
Financial Disclosure Forms
Required Filers
Mr. Lane asked Mr. Wood if there was anything more to
report on the question raised at the last meeting concerning the County Assessors
being required to file financial disclosure statements. Mr. Wood said
he does not have any new information as the law is so new. However,
he said he will speak with Ms. Coggin, Assessment Director, before the next
Committee meeting.
Review of Financial Disclosure Form
Ms. Kiefer referred to the cover letter she sent to the
Committee summarizing and explaining the importance of the form.
At this time, the Committee reviewed and discussed at
length the revised Financial Disclosure form as recommended by the Ethics
Advisory Board.
Following the review, Mr. Lane said he has not heard any
comments from Legislators concerning the current form but has heard concerns
from some County staff. Mr. Wood said as one of the individuals who
reviews the forms and takes questions, it is his view that there are two
major problems with the current form. One problem is the question on
investments and said it is very confusing and interpreted differently by
employees and he would like to have it clarified. The strongest objection
he has received is the listing of values. The second problem is the
question concerning household members and he personally finds it to be very
offensive.
Mr. Lane said the questions he has are how much information
is necessary for household residents, the public's right to know and need
to know, and how much information is needed concerning not-for-profits.
Ms. Herrera said she disagrees with much of the form as
she feels it is invasive, makes false assumptions, and requires interrogation
of household members. She expressed her opinion that she would like
to address the problems with the current form.
Mr. Winch said the proposed form does not feel right with
him and that it is invasion of privacy. He does not feel key employees
should have to fill this out.
Mr. Winch was excused at 4:52 p.m.
Ms. Kiefer said the proposed form attempted to address
concerns raised by Committee members at previous meetings. She hoped
the proposed revisions to the Code of Ethics might be ready for the next
agenda and that may help provide content for the disclosure form.
Adjournment
The meeting adjourned at 4:58 p.m.
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