MINUTES
GOVERNMENT OPERATIONS COMMITTEE
NOVEMBER 13, 2003
2:00 P.M.
SCOTT HEYMAN CONFERENCE ROOM
Present: M. Koplinka-Loehr, Chair; K. Herrera; T. Todd; L. McBean (arrived at 2:02 p.m.); M. Lane (arrived at 2:15 p.m.)
Staff: D. Bradac, Employment and Training;
J. Thomas, Administration; D. Squires, Finance Director; J. Yoder, Personnel;
B. Kominos, Peronnel; S. Whicher, County Administrator; A. Fitzpatrick, Personnel
Commissioner; J. Wood, County Attorney; C. Sowards, Workforce Development;
W. Skinner, Public Information; V. Coggin, Assessment Director; J. Franklin,
Assessment, B. Crosby, Health Department; G. Gizewski, Workforce Development
Guests: D. Winch, Legislator; D. Kiefer, Legislator
Called to Order
The meeting was called to order at 2:00 p.m.
Changes to Agenda
The following items were added to the agenda:
- Workforce Development Presentation of Award
- Appointment to Public Information Advisory Board
Chair's Report
Mr. Koplinka-Loehr did not have a report.
County Administrator's Report
Mr. Whicher did not have a report.
Report from the Finance Director
Mr. Squires updated the Committee on foreclosure activities.
The inventory for residential properties was reduced from 58 to 39 properties
with $115,000 being collected. There were 18 redemptions in vacant
and commercial properties and $86,923 was collected. Of the 67 inventoried
vacant property, 15 are owned by one developer. The school tax for
Lakeside Nursing Home was paid on time.
Ms. McBean arrived at this time.
Ms. Whicher asked if the taxes were paid for Biggs A;
Mr. Squires said he would have to follow-up on that question.
Mr. Squires said there are three properties of concern
at this time: two of the properties could be classified as junk yards, and
one a trailer park.
Report from the County Attorney
Mr. Wood said at the last meeting he was asked to work
with the Human Rights Director to prepare a draft law concerning anti-discrimination
of the transgender community. He prepared said law and forwarded it
to Shawn Martel-Moore who has arranged a meeting with various interested
people. He hopes there will be a draft law for the Committee to consider
at the next meeting.
Mr. Lane arrived at this time.
Approval of Minutes
It was the consensus of the Committee to approve the minutes of October 9, 2003 as submitted.
Personnel Department
Administrative Manual Policies
01-04, Amendments to Administrative Manual
At this time, Ms. Kominos reviewed the revised policy
distributed to Committee members. The format of the policy was changed
to separate policy changes from procedure changes.
Mr. Koplinka-Loehr said in paragraph one there have been
questions raised concerning the interpretation of what is the appropriate
committee. It was felt that more than one program committee could be
involved in the review and approval process and the Committee agreed to have
the appropriate language reflected in paragraph one of both sections of the
policy. Following a brief discussion, the Committee agreed to replace
the words "to ensure format and" to "to" in the first paragraph of the section
for procedure changes.
Ms. Kiefer suggested and the Committee agreed to delete
the word "amending" in the Objective line and change the word "revisions"
to "revised" in the first paragraph of the section for policy changes and
delete the information in the Reference line.
It was MOVED by Ms. Herrera, seconded by Ms. McBean, and
unanimously adopted by voice vote, to approve the following policy as corrected
above and submit it to the full Legislature for approval:
AMENDMENTS TO ADMINISTRATIVE MANUAL
Ms. Herrera temporarily left the meeting at 2:16 p.m. and returned at 2:25 p.m.
03-15, Military Leave
It was MOVED by Mr. Lane, seconded by Ms. McBean, and
unanimously adopted by voice vote by members present, to approve and submit
the following policy to the full Legislature for approval. A brief
discussion followed concerning the number of employees in active duty.
Ms. Yoder feels the supplemental pay will not impact the two individuals
in active duty as one will be returning in January and the military salary
for the other employee exceeds the County salary. Mr. Whicher requested
that he be kept informed of this as another call-up may occur and feels other
County employees may be called for active duty. Mr. Squires commented
that the County cannot foreclose on property when someone is on active duty;
he does not feel that is the current situation.
MILITARY LEAVE
04-08, Workers' Compensation
Mr. Lane recommended and the Committee agreed to add some
clarifying language which is reflected below in the policy. The Committee
also agreed to add the appropriate contract(s) reference to the first bullet
of paragraph four. In the second bullet, the Committee agreed to replace
"finalizes the claim" with "reaches a final determination".
It was MOVED by Mr. Lane, seconded by Ms. McBean, and
unanimously adopted by voice vote by members present, to approve and submit
the following policy to the full Legislature for approval:
WORKERS' COMPENSATION
Ms. Herrera returned at this time.
04-02, Overtime Compensation and Compensatory Time Off
Ms. Kiefer suggested and the Committee agreed to change the word "termination" to "end of employment".
It was MOVED by Mr. Lane, seconded by Ms. McBean, and
unanimously adopted by voice vote, to approve and submit the following policy
to the full Legislature for approval:
OVERTIME COMPENSATION AND COMPENSATORY TIME OFF
Resolution - Municipal Employees Expense Reimbursement Plan
It was MOVED by Ms. McBean, seconded by Mr. Todd, and
unanimously adopted by voice vote, to approve and submit the following resolution
to the full Legislature for approval:
RESOLUTION NO. - AMENDMENT
TO THE MUNICIPAL EMPLOYEES EXPENSE REIMBURSEMENT PLAN ACCORDING TO THE INTERNAL
REVENUE SERVICE
WHEREAS, Tompkins County adopted the Municipal Employees Medical Expense
Reimbursement Plan (known as VEBA) on June 16, 1998, Resolution No. 140,
and
WHEREAS, the Municipal Employees Medical Expense Reimbursement Plan became effective January 1, 1999, and
WHEREAS, the Internal Revenue Service has recently released Revenue Ruling
2003-102 regarding employer health plan reimbursements for over-the-counter
drugs, and
WHEREAS, Tompkins County wishes to amend the Municipal Employees Medical
Expense Reimbursement Plan and the Summary Plan Description to include the
Ruling of the Internal Revenue Service, now therefore be it
RESOLVED, on recommendation of the Government Operations Committee, That
the revisions below are hereby adopted as of December 1, 2003:
AMENDMENT ONE
Under Provisions of Article IX - "AMENDMENTS AND TERMINATIONS":
The following changes to the Tompkins County Municipal Employees Medical
Expense Reimbursement Plan are effective December 1, 2003.
Article V BENEFITS Section 5.2 Medical Expense Defined is changed to read:
For the purposes of this Plan, “Medical Expenses” means
an amount paid for the diagnosis, cure, mitigation, treatment, or prevention
of disease, or for the purpose of affecting any structure or function of
the body. The term may include Expenses for routine and extraordinary
physical, mental and dental examinations, surgery, psychiatric care, hospitalization,
drugs and medicines, vision care, therapeutic, orthopedic, and prosthetic
aides and devices, transportation primarily for and essential to medical
care, and all other Expenses that are considered to be for medical care as
said term is used in Section 105(b) of the Code. Medical Expenses are
subject to change at any time in accordance with applicable changes to the
IRS Code.
The following changes to the Tompkins County Municipal Employees Medical
Expense Reimbursement Plan - Summary Plan Description are effective December
1, 2003.
Section INTRODUCTION is changed to read:
The Tompkins County Municipal Employees Medical Expense
Reimbursement Plan (the "Plan") is a Plan in which reimbursements are paid
from a tax exempt trust fund designed to reimburse you for many of your family's
medical expenses not otherwise reimbursed. This trust fund has been
approved by the Internal Revenue Service.
Section BENEFITS - question 7 - "What expenses are not covered?" is changed to read:
Expenses which are not defined and interpreted as "medical care" by the IRS
are not covered. Some examples not considered "medical care" as of the date
of this document are cosmetic surgery, health club dues, and costs of a funeral.
Medical care is defined by comprehensive IRS rules which may change from
time to time. The Plan will follow these rules.
Section ADMINISTRATION - question 24 - "Who is the Plan Administrator and what are the duties?" is changed to read:
…..Initially, all claims will be processed by SIEBA, LTD.
and paid from available funds held in the trust. SIEBA, LTD. is the
same Third Party Administrator who processes claims for the Tompkins County
Government Flexible Benefit Program.
IN WITNESS WHEREOF, Tompkins County Government has caused this instrument
to be executed this
day of
20__.
Tompkins County Government
BY
DATE
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Presentation - Workforce Development
Ms. Sowards introduced Greg Gizewski of the Tompkins Workforce
New York One-Stop Career Center on the Commons. Mr. Gizewski has been
employed by the Center for four years and greets 1600 individuals per month.
Mr. Gizewski is the recipient of the James F. Walls One-Stop Employee of
the Year Award and traveled to Seattle to receive it. This award was
presented by the National Association of State Workforce Agencies and honors
a one-stop employee whose conduct demonstrates outstanding dedication to
customers and fellow employees, and extraordinary service to the community.
Mr. Koplinka-Loehr requested this presentation be given
to the Legislature at their regular meeting December 2nd.
Assessment
Proposed Local Law for Capital Improvements to Residential Buildings
Ms. Coggin provided a memorandum for the Committee outlining
the facts and administrative problems with administering this law.
She also provided an impact analysis and said the program if adopted by the
County would be labor intensive to administer and would require additional
staffing because of the number of exemptions to be processed. She said
her Department was not contacted by the City and was not aware of the City
adopting this law until the Legislature's office alerted her Department.
In addition, a certified copy of said law has not been formally filed by
the City.
Committee members and staff expressed concern with this
law and a brief discussion followed concerning the cost of administering
the program for the City. Mr. Whicher commented that the City should
rescind the law or be prepared to pay for the cost of administering it.
A concern was raised that the law also encourages the
Ithaca City School District to adopt a similar law and it was recommended
by Legislator Winch that appropriate staff and/or Legislators approach the
School District about the County's concerns and lack of support for it.
Mr. Todd said he opposes adding more exemptions and does not support the law.
It was the consensus of the Committee that this exemption
not be recommended countywide with a request that appropriate staff discuss
the Committee's concerns with the City and possibly encourage the City to
rescind the law. Mr. Koplinka-Loehr also asked appropriate staff to
contact the School District and provide necessary information concerning
this program.
AES Appraisal
Ms. Coggin provided a brief update on the AES appraisal.
The Lansing School District has agreed to pay $15,000 and the Town of Lansing
has agreed to pay $5,000 towards the County's cost of the appraisal.
She noted the appraiser has agreed to the work and she hopes to have a report
in approximately six weeks.
Health Department
HIPAA Resolutions
It was MOVED by Ms. Herrera, seconded by Ms. McBean, to
approve and submit the following resolutions to the full Legislature for
approval. Ms. Crosby noted that only organizations that perform electronic
billing or transmission of health information fall into the requirement of
being a covered entity under HIPAA.
A voice vote resulted as follows on the resolutions: Ayes - 5; Noes - 0. RESOLUTIONS CARRIED.
RESOLUTION NO. – APPOINTMENT OF
PRIVACY OFFICIAL AND SECURITY OFFICIAL - HEALTH INSURANCE PORTABILITY AND
ACCOUNTABILITY ACT (HIPAA)
WHEREAS, the Federal Health Insurance Portability and
Accountability Act of 1996 (HIPAA) mandates regulations that govern standards
for health care information in three major areas – electronic transactions,
security, and privacy, and
WHEREAS, the Federal privacy regulations have been finalized
and required compliance no later than April 14, 2003, and
WHEREAS, the Federal security regulations have been finalized
and require compliance no later than April 20, 2005, and
WHEREAS, in order to comply with the regulations the County must “designate
a privacy official who is responsible for the development and implementation
of the policies and procedures” [45 CFR 164.530 (a)(l)(i)], and
WHEREAS, in order to comply with the security regulations the County must
designate a Security Official who is “responsible for the development and
implementation of the policies and procedures” [45 CFR Parts 160, 162 and
164], now therefore be it
RESOLVED, on recommendation of the Government Operations
Committee, That the Public Health Administrator, be appointed as the Privacy
Official for Tompkins County,
RESOLVED, further, That the Director of Information Technology
Services, be appointed as the Security Official for Tompkins County,
RESOLVED, further, That the Departments of Mental Health,
Public Health and Social Services will appoint Privacy Coordinators to assist
these officials in the day-to-day management of the privacy regulations in
their respective departments.
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RESOLUTION NO. – DESIGNATION OF HYBRID
ORGANIZATION - HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT
(HIPAA)
WHEREAS, the Federal Health Insurance Portability and
Accountability Act of 1996 (HIPAA) privacy regulations describe a hybrid
entity as a single legal entity, whose business activities include both covered
and non-covered functions, and
WHEREAS, the County must designate and document the health care
components of the covered entity, now therefore be it
RESOLVED, on recommendation of the Government Operations
Committee, That Tompkins County Government has determined that it is a hybrid
entity, and therefore designates covered health care components as follows:
Mental Health Department
Public Health Department
Certified Home Health Agency
MOMS Program
Maternal Child Unit
Social Services
County Attorney
Information Technology
Finance – Comptroller
Risk Management
RESOLVED, further, That all other government functions
shall be considered as not covered components except that County Administration,
Facilities, and various Public Health programs shall receive general training
for staff as there may be occurrences of job functions that involve the protected
health information (PHI),
RESOLVED, further, That the offices of County Attorney,
Information Technology, Finance – Comptroller and County Administration –
Risk Management are designated with the covered components only to the extent
that they provide services that would make them function as a “business associate”
(as defined under HIPAA) if they were freestanding entities and to the extent
that they require protected health information (PHI) to perform the business
associate type functions for the hybrid entity,
RESOLVED, further, That the Privacy Official shall continue
to monitor all functions and recommend changes to the Legislature to meet
HIPAA regulations.
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Rules of the Tompkins County Legislature
Mr. Winch explained his concerns with program committee
meetings and the dissemination of information by Legislators. He said
he did not have proposed language to present, but asked if a subcommittee
could be created to look at this issue as well as others. One specific
issue Mr. Winch raised is when a Legislator presents a resolution at a Committee
meeting and expects action immediately. He feels five votes should
be required to add resolutions submitted by Legislators to the committee
agenda.
Ms. Herrera and other Committee members agreed with Mr.
Winch's suggestion to form a subcommittee; however, Mr. Koplinka-Loehr raised
a concern that flexibility may be lost if five votes are required to add
a resolution to a committee agenda.
Following further discussion, Legislators Todd, Herrera,
and McBean agreed to meet with Legislator Winch and discuss his concerns.
Year-End Resolutions
It was MOVED by Ms. McBean, seconded by Ms. Herrera, and
unanimously adopted by voice vote, to approve and submit the following resolution
to the full Legislature for approval:
RESOLUTION NO. - DATE OF ORGANIZATION MEETING
RESOLVED, on recommendation of the Government Operations
Committee, That in accordance with Section 151 of County Law, the organization
meeting of the Tompkins County Legislature shall be held in the Legislative
Chambers of the Tompkins County Courthouse, Ithaca, New York, on Tuesday,
January 6, 2004, at 5:30 o'clock in the evening thereof.
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It was MOVED by Ms. Herrera, seconded by Mr. Todd, and
unanimously adopted by voice vote, to approve and submit the resolution entitled
Establishing 2004 Meeting Dates to the full Legislature for approval.
Mrs. Covert agreed to confirm the proposed meeting dates do not conflict
with any holidays.
Appointments
It was MOVED by Ms. Herrera, seconded by Mr. Todd, and
unanimously adopted by voice vote, to approve and submit the following appointments
to the full Legislature for approval:
Ethics Advisory Board
Thomas Niederkorn - Term expires December 31, 2007
Joseph Calvo - Term expires December 31, 2007
Mr. Todd was excused at 3:30 p.m.
Ms. Skinner requested and the Committee agreed to withdraw
the appointment submitted for the Public Information Advisory Board as the
Board had not an opportunity to review the applicant's resume and advertise
for vacancies.
Next Meeting
Mr. Koplinka-Loehr requested the Committee review the
2003 goals adopted earlier in the year at the next meeting.
Adjournment
The meeting adjourned at 3:36 p.m.
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