MINUTES
GOVERNMENT OPERATIONS COMMITTEE
MAY 8, 2003          2:00 P.M.
SCOTT HEYMAN CONFERENCE ROOM
Present:  M. Koplinka-Loehr, K. Herrera, T. Todd, L. McBean, M. Lane (arrived at 3:30 p.m.)
Staff:      S. Whicher, K. Smithers, J. Yoder, J. Thomas, B. Kominos, A. Fitzpatrick, N. Jayne, D. Squires, J. Wood, J. Franklin
Board Members:   D. Kiefer
Guests:   D. Higgins, Ithaca Journal

Call to Order

    Mr. Koplinka-Loehr called the meeting to order at 2:05 p.m.

Changes to the Agenda

    The resolution entitled Appropriation from Contingent Fund for Terminal Pay at the County Administration Office was added to the agenda.

Chair's Report

    Mr. Koplinka-Loehr had no report.

County Administrator's Report

    Mr. Whicher had no report.

County Attorney's Report

    Mr. Wood had no report.

Public Information Coordinator's Report

    Mr. Koplinka-Loehr read the following report submitted by Ms. Skinner:

    "The Public Information Officers Team met with Alice Cole and Lee Shrtleff to learn more about the County's emergency management team to clarify roles and responsibilities in case of an emergency.  The 2003 Reader-Friendly Budget has been critiqued by Administration staff, the Public Information Advisory Board, the Legislature and Budget Committee chairs, and is now headed to the printer.  It's late but improved.  An obvious goal is to do better for 2004 with improved teamwork in Administration.   The Public Information program is a partner in a grant-funded education and outreach project for emergency preparedness.  Partners include the Red Cross, Ithaca Fire Department, National Weather Service, Office for the Aging, and the SPCA.  Funding is through a FEMA grant awarded to the Town of Dryden for a countywide effort.  The Town is contributing about $10,000 in administrative support and the partners have committed to in-kind staff time."

Finance Director's Report

    Mr. Squires distributed copies of a public auction publication and updated the Committee on the status of properties listed in the document.  There was a lengthy discussion on the Munson property in the Town of Lansing.   Mr. Squires stated he spoke with the attorney for Phillip Munson this morning in regard to the two parcels that were subdivided.  He informed Mr. Munson's attorney that it was too late to produce payment to redeem the property.

    A question was raised as to whether the property is owner-occupied.  Ms. Kiefer said it is her understanding that the property is owner-occupied because Mr. Munson, who has resided in the home for 15 years, received the deed to the property last Monday (May 28).  The deed was subsequently recorded in the Office of the County Clerk on January 10.   She said it is the County's policy is to give an owner-occupier up until the time of the auction to redeem their property.   Ms. Kiefer said she was told that Mr. Munson has arranged for a loan through Wells Fargo and if he receives a dollar amount of the total amount owed he will remit payment to the County on May 15th.

    Mr. Squires explained the history of the property and said he does not consider the property to be "owner-occupied".  From the county's tax-collecting perspective, he stated the property has a history of matters such as bankruptcy and non-payment of taxes. He recommended this property be sold at auction; however, he acknowledged the Legislature has final authority in conveying any property the County owns.  Mr. Wood concurred with Mr. Squires because there has been no attempt to pay taxes owed.  He also felt it would unfair to overturn Mr. Squires' decision in this matter as he has abided by the policy adopted by the Legislature.

    Mr. Todd said he supported the Finance Director's actions on this matter.

    Ms. Kiefer said the County's interest is in having the taxes on the property paid; she would hope that if Mr. Munson remitted the amount owed to the County that it would be accepted. 

    At this time the Committee debated whether the property is owner-occupied and whether the County's policy as it relates to allowing an owner to redeem property should be followed.   Mr. Franklin, Assistant Director of Assessment, provided the Committee with information that Mr. Munson had applied for a STAR exemption for this property and reported this is Mr. And Mrs. Munson's primary residence.  Ms. McBean said if the owner pays the entire amount owed prior to auction, she feels they should be allowed to redeem their property.

    It was MOVED by Ms. McBean, seconded by Ms. Herrera, to allow the owner of the Munson property to pay back taxes prior to foreclosure to the redeem property.

    Ms. Herrera questioned what the negative ramifications would be if this property is withdrawn from the auction.  Mr. Squires stated withdrawing properties from the auction diminishes the process and encourages people to wait until the last minute to pay taxes.  He said his Office commits a great amount of effort to letting people know the consequences of not paying their taxes.   

    Ms. McBean stated although she understands Mr. Squires' perspective, this is an individual's home and feels it should be returned to the owner if the taxes are paid prior to the auction. 

    A question was raised as to what the current policy states.  Mr. Koplinka-Loehr clarified that last year the policy stated that an owner had until the publication date to redeem their property.  He said the Committee has not changed the policy.  Mr. Squires clarified the legal date a person has until to pay owed-taxes by is January 11.   The County has the authorization to extend this date and did so last May to the publication date.  The County still has the authority to direct the Finance Director to withdraw the property at any time prior to the auction.

    Ms. Herrera said she did not want to see someone lose their home.  However, the disadvantage to taking this action is that the County could lose credibility for this auction and the process will be eroded because people will see that the County pulls properties before and after the publication date.  

    A voice vote on the motion resulted as follows:  Ayes - 2 (Herrera and McBean); Noes - (Koplinka-Loehr and Todd); Excused - 1 (Lane).  MOTION FAILED.

    Mr. Whicher expressed concern with the message the Committee is sending by not allowing this property to be redeemed in these tough financial and political times.  

Approval of Rollover Request

    Ms. Fitzpatrick stated if the SARA (State Archives and Records Administration) grant comes through it can be used, otherwise these rollover funds will be needed.  She stated if this request is not approved the consequences will be lack of timeliness, access, and non-compliance with records management rules at the State level.  

    It was MOVED by Ms. Herrera, seconded by Ms. McBean, and unanimously adopted by voice vote by members present, to approve the request from the Personnel Department to use rollover-eligible funds in the amount of $23,050 in the 2003 budget.   MOTION CARRIED.

    There were no questions raised in regard to rollover balances for other departments reporting to this Committee.

Discussion -  Performance Reviews

    Ms. Fitzpatrick stated during the first quarter of 2003 departments were surveyed regarding the various mechanisms they use for performance evaluation.   She said 60 percent or more are standardized in terms of having an annualized written performance evaluation plan in place.   Many supervisors have communicated that although best efforts are put forward, in many cases conducting business interferes with creating an environment where performance evaluation in the written process is considered a positive and enriching experience.   She said during the remainder of 2003 she will be working on holding in-house, no-cost training sessions for line supervisors and managers on effective performance evaluations. 

    Ms. Fitzpatrick said there is no standard form and she does not believe that is essential to the effectiveness of the program.  Throughout the County there are at least ten different models used and many departments have customized their form and process to the nature of the work they do and by getting input from employees as to what is meaningful for them.  She said there are a few departments where the unions have taken the position that this is a mandatory subject of bargaining.   One thing she noted about the process that has improved is not only the written process with individuals, but the inclusion of groups in decision making within most of the departments and having a variety of forums on a routine basis that bring out performance issues.

    Mr. Koplinka-Loehr inquired about in-house training that will be conducted for the remainder of 2003 and asked how this will overlay with the culture of anxiety about where the County is heading.   Ms. Fitzpatrick did not have an answer; however, Mr. Whicher stated there are employees who are wondering why the Committee is discussing this issue at this time.   He said another side of performance review is that it is a way to document any difficulty with staff. 

    Mr. Koplinka-Loehr said the reason he brought this subject forward is because he sees it as a performance tool for performance enhancement.  He said he doesn't believe there is another reason this was brought forward.  Mr. Whicher noted it is one of the Governmental Operations Committee's responsibilities to monitor the culture and how work is done. 

    Ms. McBean asked how often performance review team meetings would take place.  Ms. Fitzpatrick said it varies widely based on the program areas and departments.  She said generally reviews for new employees are held at 8, 16, and 24 weeks; if problems are identified, a corrective action plan is established with a time-frame. 

    Following a brief discussion, Mr. Koplinka-Loehr requested Ms. Fitzpatrick to survey County departments to determine if all County employees are receiving performance reviews on an annual basis.

Administrative Policies and Procedures

Policy Number 01-17 - Work-Study Programs and Internship Programs

    Mr. Koplinka-Loehr questioned the section pertaining to interns and if the language would pertain to departments who hire interns independent of the Personnel Department.  Ms. Yoder explained only when a department wishes to use one of the interns from the Board-established Internship Program through the Personnel Department, it would require processing through Personnel.

    Ms. Yoder said the last time policies were brought to the Committee there was a discussion about the creation of a template for these policies.  She said Norma Jayne has worked with Ms. Kiefer on the template being presented. 

    Ms. Kiefer asked if the policy would provide information that would allow someone to track revisions that had been made.  Ms. Jayne said she is working with the Information Technology Services Department on the development of automatic forms that would filter information into a database.   The policy would include the most recent revision; however, a list could be produced showing a history of revisions.

    The following suggestions were made for changes to the policy and procedures of this policy:

    Under Reference section: add "Laws both state, local and federal"
    Under Work-Study, No. 3, line two: add "governmental department or division"
    A separator line between the Policy Statement and Procedure
    Policy Section: Change "Modified" Date to "Approved" Date
    Policy Section:  Remove line space between Effective Date and Approved Date
    Procedure Section, Work-Study:  Add "Procedure Modification Date"
    Title:  Delete the "s" in Programs
    Procedure Section, Internship, No. 2:  add "Any department requests"

    Ms. Jayne asked if this is only a procedure change and does not change the policy, is approval of the full Board required.  Mr. Koplinka-Loehr stated the Board will approve changes to the policy; however, the Committee will be responsible for approving modifications to procedures.    No changes were made to the Policy; the Procedure section will come back to the Committee.

Policy 02-04 - Processing New Employees

    A question was raised whether physicals are still required for new employees.  Ms. Fitzpatrick said approximately ten years ago the County stopped sending County employees to Family Medicine for physical examinations.    She said questions were raised about how the County was benefiting from that process.  She said she would not advocate for doing that again but would provide information to any legislator on the expenses the County incurred as a result of that process.

    The following suggestions were made for changes to the policy and procedures of this policy:

    Procedure Section, No. 4:  add "under 120 days or on a  seasonal basis"; delete "employees" in the first line.
    Policy Statement to read:  "It is desirable to establish clear and consistent practices for hiring County employees".

    Ms. Kiefer asked whether employees disclose information about communicable diseases or allergy sensitivities.   Ms. Fitzpatrick said employees are asked to complete a voluntary medical questionnaire, but are not required to disclose that type of information. 

    Ms. Jayne will begin the process of preparing all administrative policies to be in the format presented and will present them for approval by the full Legislature.

    It was MOVED by M. McBean, seconded by Mr. Todd, and unanimously adopted by voice vote by members present, to approve Policy 02-24 as amended.

    It was MOVED by Ms. McBean, seconded by Ms. Herrera, and unanimously adopted by voice vote to approve the following resolution and submit to the full Legislature:

RESOLUTION NO.     - APPROVAL OF SUCCESSION OF MEMBERS OF THE COUNTY LEGISLATURE TO SERVE IN THE ABSENCE OF THE CHAIR AND VICE CHAIR
   
    WHEREAS, Section 2.05 of the County Charter, specifies the succession of members of the Legislature be designated annually by resolution to serve in the absence of the Chair and Vice Chair, and
    WHEREAS, the Government Operations Committee recommends the chairs of appropriate standing committees be designated, now therefore be it
RESOLVED, on recommendation of the Government Operations Committee, That the following order of succession of County Legislators be approved to serve in the absence of the Chair and Vice Chair:

Chair, Budget and Capital Committee
Chair, Public Safety Committee
Chair, Government Operations Committee
Chair, Facilities and Infrastructure Committee
Chair, Health and Human Services Committee
Chair, Planning, Development and Environmental Committee
Chair, Consumer and Community Affairs Committee
SEQR ACTION:  TYPE II-20
* * * * * * * * *

RESOLUTION NO.             - APPROPRIATION FROM CONTNGENT FUND FOR TERMINAL PAY AT THE COUNTY ADMINISTRATION OFFICE

    It was MOVED by Ms. McBean, seconded by Ms. Herrera, and unanimously adopted by voice vote by members present, to approve the following resolution and submit to the Budget and Capital Committee

    WHEREAS, County Administration had an employee, Kathryn Smithers, resign effective February 28, 2003 at a cost of $28,948.16, for terminal pay, and
    WHEREAS, the Fiscal Policy of Tompkins Conty allows for terminal pay from the Contingent Fund, now therefore be it
    RESOLVED, on recommendation of the Government Operations Committee and the Budget and Capital Committees, That the Director of Finance appropriate a total of $28,948.16 to the County Administration budget for terminal pay,
    RESOLVED, further, That the money be distributed to the following accounts;

        FROM:        A990.54440   Contingent Fund     $28,948.16
        TO:              A1230.51000   Regular Pay            $22,794.16
                             A1230.58800   Fringe                         6,154.42
* * * * * * * * * *

Approval of Minutes of April 10, 2003

    It was MOVED by Mr. Todd, seconded by Ms. Herrera, and unanimously adopted by voice vote by members present, to approve the minutes of April 10, 2003 with the changes submitted.  MINUTES APPROVED.

    Mr. Lane arrived at 3:31 p.m.

Reconsideration of Motion Relating to Munson Property

    Mr. Koplinka-Loehr provided Mr. Lane with an overview of the discussion and vote that took place earlier in the meeting in regard to the public foreclosure auction and the Munson property in the Town of Lansing.

    Mr. Lane said he doesn't think the County should take someone's property if they provide the County with payment, even if it is after the established deadline.

    Mr. Squires suggested that if the Legislature were to accept payment at this late date that the County impose a severe penalty to allow for redemption such as five percent of assessed value.     

    Ms. Herrera said she wants the Committee to address the needs of administration and the people who implement the County's policy.  She said if the Legislature changes its policy at the last minute, it would be acceptable to place a penalty on the payment and would hope it would serve as a deterrent.  She said although she doesn't want the County to take someone's property, the County's policies should be protected.

    It was MOVED by Mr. Lane, seconded by Ms. McBean, and unanimously adopted by voice vote, to reconsider the motion made earlier in the meeting to accept payment on the Munson property.  MOTION TO RECONSIDER CARRIED.

    Mr. Whicher said the County has been very successful with the company hired to conduct the County's foreclosure auction.   Mr. Lane said it would be acceptable to him to incorporate any expense the County incurs into the total amount due on the property.   Mr. Squires said the agreement with the auctioneer states that a charge can be imposed of up to ten percent of the sale price of the item that was withdrawn from for auction.   The Committee directed Mr. Squires to negotiate with the auctioneer and establish a fair amount to be charged for expenses.

    It was MOVED by Mr. Lane, seconded by Ms. McBean, to direct the Finance Director to pull the Munson property from the public auction if full payment, including actual costs associated with the foreclosure, is received prior to the auction.

    Mr. Wood said he feels this action undermines the authority of Mr. Squires who has followed the policy adopted by the Legislature. 

    Ms. McBean said she cannot support the County taking someone's home even if that person waits until the last minute to pay what is owed. 

    Ms. Herrera stated she is not trying to undermine anyone's authority.  She sees this as the County being resistant to kicking someone out of their home.  She said she will vote for the motion as amended even though the policy question is still troubling to her.  She will support this motion with the understanding that the Legislature will come up with a policy that will give better guidance in the future.

    A voice vote on the motion resulted as follows:  Ayes - 3 (Herrera, Lane, and McBean); Noes - 2 (Koplinka-Loehr and Todd). MOTION CARRIED. 

Adjournment

    The meeting adjourned at 4 p.m.

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