MINUTES
GOVERNMENT
OPERATIONS COMMITTEE
APRIL 19, 2006 3:00 P.M. BORG WARNER BOARD ROOM
Present: K. Herrera, Chair; M. Sigler; T. Randall, T. Joseph (appointed himself as a member); D. Kiefer
arrived at 4:05 p.m.)
Excused: G. Stevenson
Staff: C. Covert, Clerk of the Legislature; D. Squires, Finance Director; S. Martel Moore, Human Rights Director; K. Borgella, Planning Department; G. Potter, Information Technology Services Director; S. Whicher, County Administrator; J. Steiner, Public Library Director; V. Coggin, Assessment Director; E. Cree, Election Commissioner
The meeting was called to order at 3:03 p.m.
There were no changes to the agenda.
Ms. Herrera spoke briefly about the Taxing Trees Article Ms. Kiefer submitted for Committee members to review. Any questions can be directed to Ms. Kiefer.
Ms. Herrera also spoke about a symposium “Privacy in the Electronic Realm” held April 18 at Cornell University. Karen Fuller has made a request to receive a DVD of the conference for any interested person to watch. The one area of most interest to her is the discussion “Privacy and Access to Public Records: A Modest Proposal” by Sol Bermann, Associate Director, Moritz College of Law, The Ohio State University. Ms. Herrera said she also received a proposed bill concerning government records being available on the Internet. She will try to keep informed on these issues and report back to the Committee as needed.
Mr. Squires reported the process for towns returning taxes to the County changed this year. The date was moved from June 1 to April 1. All towns met their warrant by the April 1st date. However, there were two towns (Town of Caroline and Town of Ithaca) where there were problems.
The Town of Caroline purchased a new software program that is not compatible with the County’s system. Mr. Squires said he offered to have the County pay to have the file imported into the County’s system. The issue is the Town Clerk submitted the list of paid taxes not unpaid taxes, which is what the County enforces. The Town Supervisor was contacted and made aware of the situation. The problem that arises is the County does not have a list of individuals who paid their taxes in installments to remind them of the second installment due date.
The issue in the Town of Ithaca is the handling of unpaid taxes of special districts on State land. The area near Treman State Park is a special water and sewer district, which has been recorded as having unpaid taxes. Mr. Squires said the County is not responsible in this case and has informed the Town of this.
Mr. Squires also reported on a meeting he, County Administrator Whicher, and County Attorney Wood attended in Albany with representatives from the State Retirement system concerning the issue of recording a standard workweek. He said the problem is some positions with the same titles have been created at 35 hours per week and some at 40 hours per week. The Retirement system was saying that if there is position at 35 hours per week and another position with the same title at 40 hours per week, then the two positions need to be at the same schedule and the 40 hours per week prevails. In discussing this further there was agreement that since the Legislature creates the positions and not the departments the County can continue to record as it has. Also, during discussions, the issue of elected officials reporting their time spent on official County business was raised. He prepared a memorandum for all Legislators to document their hours worked for the month of May to determine if the position qualifies for full retirement service credit.
Mr. Whicher said he did not have a report.
Ms. Borgella outlined the County’s Land Transaction Policy and presented the Committee with the Planning Department’s findings and recommendations. She is requesting the Committee approve withholding from the 2006 auction three parcels of surplus land that have been withheld from previous’ years auctions and are subject to an executed Land Purchase Agreement with State Parks. In addition, she provided a report on the 11 parcels subject to foreclosure. The properties on the foreclosure list have not been identified as having significant strategic value to county government or significant natural resources worthy of protection for the benefit of the public good.
It was MOVED by Mr. Sigler, seconded by Mr. Randall, and unanimously adopted by voice vote by members present, to approve the Planning Department’s recommendations as presented.
Mr. Potter said that since the last meeting, he has spent some time on this project and has also been moving ahead with the roll out of the filtering system for the Sheriff’s office. He distributed copies of the objective and policy statement for the Communications Policy and hoped the Committee could review them. He also distributed copies of the policy as reviewed by the Government Operations Committee proposed in August 2005 and said he hoped the Committee could provide some direction and provide feedback on defining an appropriate level of use for personal use of County communication systems.
He explained there are currently three policies on the books that relate to the Communications Policy that will need to be revised or abolished: existing communications systems policy, software policy, and disposal procedures of older PCs.
Following discussion concerning the level of personal use of County communications systems and the issues of enforcement, most committee members felt there should be some level of appropriate personal use. Further discussion followed and Ms. Herrera clarified that it is the sense of the Committee that it is inappropriate at this time without the resources to consider a complete ban of personal usage as there are many problems associated with having “fuzzy boundaries” and that the Committee wants to explore how enforcement and other areas would be rolled out. Mr. Randall does not agree with the Committee’s belief as he feels rules should be spelled out specifically because there are too many gray areas to be interpreted; however, he understands the enforceability issues. Ms. Herrera reminded the Committee that the filtering and monitoring of the systems will help with identifying who is abusing the system.
Mr. Potter said that the following Department Heads agreed to serve on a committee with him to look at this policy: Jonathan Wood, Anita Fitzpatrick, Patricia Carey, and Alice Cole.
Mr. Whicher recalls a similar issue being raised during discussions of a policy about bringing family members to work and believes there was some level of discretion built in the policy. Mrs. Covert agreed to locate the policy and make it available to the Committee.
Further discussion followed concerning the enforcement of the policy and the job performance issues. Mr. Potter said Department Heads have the ability to obtain Reports printed by the Information Technology Services Department that shows the history of Internet usage. Mr. Whicher said he would be more comfortable if the report was generated to Department Heads on a regular basis for review.
Mr. Potter reviewed briefly the proposed outline for the Communications Policy and said one other topic that will need to be discussed in the future is records retention pertaining to email records.
Transfer
Ms. Coggin explained the request to transfer funds for the purchase of a vehicle in anticipation of having certified rollover money available later in the year. Committee members did not express any objection to the transfer of funds for this purpose.
Ms. Martel Moore distributed copies of an alternative proposal to amend the Diversity Statement for the Committee to consider. She explained the background of the Diversity Policy and said a complete plan is being developed that will articulate procedures. This policy has been reviewed and approved by the Workforce Diversity and Inclusion Committee (WDIC) and the County Department Heads. When presented at the Personnel Committee meeting last week, members felt the policy was not in the proper format to include in the Administrative Manual as a policy as it did not outline procedures. The Personnel Committee recommended that the Diversity Policy could be endorsed by the Legislature and sent out as a memorandum from WDIC to all employees; however, Ms. Martel Moore did not feel that was appropriate and explored other options and therefore presented the policy as a resolution for this Committee to approve and forward to the Legislature.
Ms. Kiefer arrived at this time.
Following
further discussion, Ms. Kiefer presented a slightly different version of a
resolution that keeps the Diversity Statement the Legislature approved in July
2005 and that is in boldface in the WDIC draft and renames it the “Diversity
Policy” for use in the Administrative Manual and also either endorses or adopts
the expanded and comprehensive Diversity Policy in the WDIC resolution and
renames it Diversity Statement.
Ms. Herrera commented that since the proposed resolution is no longer a
policy of the Administrative Manual that the Personnel Committee should revisit
it.
Mr. Joseph explained that the County agreed to create a committee of community members to advise the County on how to handle diversity and WDIC has recommended the County Legislature adopt a Diversity Statement, which it did. WDIC has now followed with a recommendation that a more explanatory policy be developed and approved by the Legislature. There was much discussion among WDIC members about the differences between a statement and a policy and the decision was made that there should be a policy adopted by the Legislature. He understands the issues raised at the Personnel Committee concerning the procedures not being outlined in the policy. But he agrees the proposed resolution(s) presented is an appropriate direction and feels it will be satisfying to the members of the WDIC. Mr. Randall agreed with Mr. Joseph’s comments and feels it sends a message that the County wants to continue moving forward.
It was MOVED by Mr. Sigler, seconded by Mr. Randall, to approve the following resolution. Further discussion followed and Ms. Kiefer MOVED to substitute the motion with her resolution that endorses or adopts the expanded and comprehensive Diversity Statement. MOTION FAILED DUE TO A LACK OF A SECOND.
A voice vote resulted as follows on the original motion: Ayes – 4 (Herrera, Sigler, Randall, and Joseph); Noes – 1 (Kiefer). RESOLUTION CARRIED. Ms. Herrera noted that this resolution will be presented at the next Personnel Committee and the full Legislature on May 16th. Ms. Martel Moore agreed to update the WDIC on the action taken. Ms. Kiefer asked that the minutes reflect her support for the WDIC’s expanded Diversity Statement but is voting no for format and future-use reasons.
WHEREAS, the Tompkins County Legislature adopted the Tompkins County Diversity Statement under Resolution No. 126, dated July 5, 2005, and
WHEREAS, Tompkins County Departments have requested an expanded Diversity Statement from the Workforce Diversity and Inclusion Committee to assist department managers in carrying out County diversity efforts with respect to recruitment, retention and promotion as well as to ensure that diversity is valued by each and every employee within the County, and
WHEREAS, the Workforce Diversity and Inclusion Committee has developed a comprehensive Diversity Statement for consideration, now therefore be it
RESOLVED, on
recommendation of the Workforce Diversity and Inclusion Committee, that the
Diversity Statement contained in
Resolution No. 126, dated July 5, 2005, be amended to read as follows:
Tompkins County government is committed to creating a diverse and fully inclusive workplace that strengthens our organization and enhances our ability to adapt to change by developing and maintaining: an organization-wide understanding and acceptance of the purpose and reasons for diversity; recruitment and retention policies that assure a diverse workforce; a workplace environment that is welcoming and supportive of all; awareness, understanding and education regarding diversity issues; zero tolerance for expressions of discrimination, bias, harassment, or negative stereotyping toward any person or group; and a workforce ethic that embraces diversity and makes it the norm for all interactions, including delivery of services to the public.
A. To foster an organizational culture of inclusion and full representation in every County department in which:
1. Groups, as well as individuals, are appreciated for their uniqueness and treat each other with respect;
2. Employees understand and appreciate the heritage and culture of many different groups and are responsive to the uniqueness of each individual as well as the community that the work force serves;
3. Individuals reach beyond their own experience to appreciate and work effectively with people who are not similar in values and backgrounds; and,
4. All employees reach their full potential in pursuit of
organization objectives and goals.
B. Tompkins County work force strives to reflect the multi-cultural community that it serves. As an organization we must look beyond that which is promulgated in our local law, Tompkins County Law 6-1991, as amended in 2004, and recognize that valuing diversity requires both a change in the way we do business and how we interact with each other. Valuing diversity requires changes in policies and practices to the point of changing the culture of our county organizations.
C. We believe that a diverse work force
provides advantages both internally, in terms of the human resources potential
offered by a variety of perspectives, and externally, in increasing the
County’s ability to serve an equally diverse community. In order to treat people fairly and
provide equal opportunity, County departments must seek out and learn from the
different perspectives and values that characterize diverse employees and
clients.
A. Build on the foundation of equality of opportunity and diversity, and embrace these
concepts as necessary to ensure fair representation and treatment of diverse
employees and the multi-cultural community we serve.
B. Establish a strategic plan to promote an organizational culture that values diversity in every County department.
C. Ensure equal employment and promotional opportunities for all members of our diverse work force.
D. Create an organizational culture that
fosters accountability for learning about, appreciating, and respecting
employee differences.
E. Make diversity a core organizational value, one which is practiced and communicated at all levels of county government and the workforce.
F. Conduct employee education sessions regarding: respecting the individuality of others by creating an openness to the experience of others; generating awareness of personal perceptions; imparting knowledge of diversity attributes, and by teaching skills to apply cultural concepts in everyday working behaviors.
G. Hold all managers accountable for demonstrating leadership in promoting an organizational culture that values diversity.
Workplace cultures usually require people to conform to the style historically dominant in the organization. In contrast, with an increasingly diverse work force and community, the County must assess its culture and identify policies and practices that both help and hinder the inclusion of a wide range of employees and the culturally sensitive provision of services to the community.
A. The County must move further toward a culture of inclusion, thereby increasing the consciousness and appreciation of differences associated with the heritage, characteristics and values of many different groups, as well as increasing the respect for the uniqueness of each individual.
1. Strive for a pluralistic work force in an effort to be more responsive to the service needs of the community.
2. For the County to continue to provide competent and quality services, we must acknowledge the changing demographics and recognize the impact on the way we do business. In order to be effective, we will identify the needs of the public and how they view the services we provide.
3. It is imperative that we recruit, hire and retain highly capable and productive employees into the County. To do this, we need to attract all qualified individuals, ensure that employees are acknowledged for their contributions, and encourage employees to achieve their full potential.
4. We must create programs that address diversity issues and include the full participation and involvement of managers, supervisors and employees representative of the many different groups that make up the County work force.
B. Valuing diversity can have a synergistic effect as the total work force of Tompkins County becomes greater than the sum of its parts. With this strategy guiding our actions, we will be ready to face the challenges of the 21st Century.
The Tompkins County
Legislature expects that departments will develop opportunities to draw on the
diverse skills, energies, abilities, knowledge and perspectives of all
employees in order to create a climate of a more open, flexible, responsive and
responsible work environment – where people can achieve their full potential,
thus becoming more efficient and productive.
For these expectations to be realized, we must:
1. Assess organizational culture with respect to valuing diversity.
2. Involve managers, supervisors, union leaders, employees, and community members in the development and implementation of the diversity program.
3. Implement new practices and policies for the workplace.
4. Provide annual diversity training to develop new skills for managers, supervisors, union leaders, and employees.
5. Appreciate and encourage non-traditional approaches to employment, i.e. flexible work schedules.
6. Achieve inclusion for all employees.
7. Minimize tensions and problems or culture clashes.
8. Provide a mentoring and formal development program for all employees.
9. Create a checks and balances system, wherein each level of recruiting, hiring, transfer and promotion is reviewed and improved upon when necessary.
10. Enforce existing recruitment, retention and promotion policies created to assure a diverse work force, including active participation by the entire work force.
11. The Commissioner of Personnel will continue to track the interviewing, hiring, transfer, promotion and discharge of all personnel in order to ensure that the Tompkins County work force represents the diversity of the Tompkins County community as a whole.
12. The Commissioner of Personnel and the Tompkins County Human Rights Commission will monitor complaints and ensure that there is zero tolerance for discrimination, bias, harassment, or negative stereotyping toward any person or group. After a thorough investigation, if discrimination is found, disciplinary action will be taken as outlined by Civil Service law or the appropriate collective bargaining agreement, or if any one act of discrimination or bias by any one individual is so egregious, there exists the potential for possible law enforcement action.
13. The County Administrator, as part of the Department Head’s annual performance review, shall evaluate each Department’s approach to incorporate the County’s diversity and cultural goals and action plans. In addition, the County Administrator shall be responsible for evaluating each Department Head’s ability to initiate, manage, and be accountable for cultural change and effectiveness in achieving those goals.
14. On an annual
basis, the County Administrator shall recognize Departments who achieve their
diversity goals. The County
Administrator, or his/her designee, will work with Departments whose diversity
goals were not met, to develop a corrective action plan that will be presented,
discussed and acted upon with all employees within the department.
HAVA (Help America Vote Act) Update
Ms. Cree provided the Committee with an update on the Help America Vote Act. She believes the State will be receiving a response from the Justice Department tomorrow regarding the lawsuit that has been filed in response to the State Board’s interim plan for this year’s elections.
In order to plan in the timeframe given, the Department is proposing that one system – a voting machine that is ADA compatible – for one central location be purchased during the interim.
She expressed two concerns to the Committee: (1) funding availability if the State is penalized following the lawsuit; and (2) how the maximum number of voters per machine will be determined, since right now the New York State Board of Elections proposes to allow half as many voters as machines can handle.
Ms. Cree reported that staff has been going out and certifying voting locations for accessibility, with some changes being made such as in the Town of Enfield.
In addition, she said effective in 2007, the lever machines will not be allowed for use in the school or fire district elections.
Resolution
It
was MOVED by Mr. Randall, seconded by Ms. Kiefer, and unanimously adopted by
voice vote, to approve and submit the following resolution to the full
Legislature for approval. Mr.
Sigler disclosed that he is an employee of Roy Park, Jr., Director of Triad
Foundation.
RESOLUTION
NO.
– AUTHORIZATION TO ACCEPT AN AWARD OF A GRANT FOR TRAINING ON OUTCOME
MANAGEMENT – BUDGET ADJUSTMENT – DEPARTMENT OF ADMINISTRATION
WHEREAS, the County Administrator has been notified of a grant award in the amount of $2,700 from a local foundation that requests no publicity for the grant, to provide tuition for training in Outcome Management sponsored by the Grantsmakers Forum of New York, now therefore be it
RESOLVED, on recommendation of the Government Operations Committee, That the Department of Administration is authorized to accept the Grant from the local foundation for the purposes of attending training,
RESOLVED, further, That the Director of Finance shall make the following budget adjustments for 2006:
REVENUE: A1230.42770 Other Miscellaneous Revenues $2,700
APPROPRIATION: A1230.54412 Travel/Training $2,700
SEQR ACTION: TYPE II-20
* * * * * * * * * * *
This item was deferred to the next meeting.
Ms.
Herrera distributed a copy of a memorandum outlining a proposal for reviewing
the advisory board appointment process for the Committee to consider and
discuss at the next meeting. She
requested that any comments be sent to her. Ms. Kiefer suggested Ms. Herrera look into the survey and
work that was done on this in 2000 and 2001.
The meeting adjourned at 4:48 p.m. with a tour of the Public Library following.
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