Present:  M. Koplinka-Loehr, Chair; D. Kiefer; D. Booth; T. Todd; G. Totman

Staff:     J. Beach, STOP-DWI Coordinator; J. Tynyk, Weights and Measures Director; D. Ellis, Weights
and Measures; D. Squires, Finance Director; J. Wood, County Attorney; W. Skinner; S. Whicher, County Administrator; J. Yoder, Personnel; K. Smithers, Deputy County Administrator; A. Fitzpatrick, Personnel Commissioner; D. Filiberto, Intern

Guests:  N. Schuler, Board Member; M. Robertson, Board Member

Called to Order

    The meeting was called to order at 11:32 a.m.

Changes to Agenda

    A transfer for the Assessment Department was added to the agenda as information only.  Ms. Kiefer asked if the Committee could receive an update about the letter for program Committee Chairs concerning advisory board reviews.

Approval of Minutes

    It was MOVED by Mr. Totman, seconded by Mr. Todd, and unanimously adopted by voice vote, to approve the minutes of May 14 and 23, 2002 pending corrections by Ms. Kiefer.

Chair's Report

    Mr. Koplinka-Loehr said he did not have a report.

Report from the County Attorney

    Mr. Wood said he did not have a report.

Report from the Finance Director

    Mr. Squires presented the Committee with the final results of the auction.  The total gain from  sales was $280,992 and he noted there was a gain on every property; the budget estimate was $100,000.  The County made $2,500 for handling the City properties.  The auctioneer earns six percent, and he was pleased with the results.  The Committee was reminded that the property in the Town of Ulysses was challenged and that the County could be sued, however, that has not occur.  The property was signed over to the individual that purchased it and again reminded he could be sued.  A court hearing is scheduled for next week on the two City properties removed from the auction list by court order.  Mr. Squires said he received $7,500 above the taxes owed to resolve the issue.  He anticipates a resolution authorizing the property be returned to the former owner at the next meeting.

    Mr. Squires announced that tentatively July 1 is the sale of surplus equipment at the old library and Cuddeback Auctions will be handling it.  He introduced Intern David Filiberto, a Cornell student, to the Committee and said he will working on the GASB 34 project.

    Ms. Kiefer asked if there was any update on the Town of Caroline Pinnacles property.  Mr. Squires said Cornell Real Estate has talked to the County and said they would be submitting an offer; he told them to direct it to the County Administrator.

    Mr. Squires reported that he received a payment from Lakeside Nursing Home and commented that they are keeping current with their agreement.

Report from the Public Information Officer

    Ms. Skinner reported the public input session was cancelled for this Saturday due to the low response of interested participants.  She asked that other approaches be discussed.  One suggestion she made was more personal contact and have each Board member submit names of 10 people to invite.  She said attending more community groups may also help.  She learned that a table could be set up at Pyramid Mall for free which is another option.

    Mrs. Smithers recommended a public forum for County employees.  Ms. Skinner said that is one of the focus groups she has been considering as well as members of agency boards.  Ms. Skinner and Mrs. Smithers agreed to work on putting together an employee focus group.

    Ms. Kiefer questioned the status of the letter to program committee chairs concerning advisory board reviews.  Mr. Koplinka-Loehr agreed to follow-up on this.

Report from the County Administrator

    Mr. Whicher spoke about the resolution adopted concerning the 20 percent cut and said a survey was done by a member of the County Corridor's Board asking for comments.  There were a variety of answers and he noted that people are upset and concerned.  He said he likes the idea of touching base with staff in some sort of a format such as a forum to address it.

    Ms. Skinner commented that "there is a sea change going through the organization".  Ms. Robertson said this information was not discussed at the Budget and Capital Committee prior to the vote to cut 20 percent.  Ms. Skinner stated that this is in the area of change management and said there are ways to deal with it emotionally.

Resolution - Reconfiguration and Fiscal Target Adjustment - Weights and Measures

    Mr. Booth MOVED the following resolution for discussion, seconded by Mr. Todd.  Ms. Tynyk stated that she has not yet heard a solid justifiable reason by the County Administrator for proposing the reconfiguration.  Ms. Kiefer questioned the rationale of the Whereas' in the resolution.  Mr. Whicher explained discussions regarding County department structures began several weeks ago and said for budget purposes, he was moving forward with this proposal at this time.  He said he does not believe it makes sense to have one- or two-person departments for reasons of oversight, accountability, and continuity of programs.  He commented that when Ms. Tynyk took over the Weights and Measures Department she did a stellar job in turning it around and making it something everyone is proud of.

    Mr. Koplinka-Loehr clarified the three reasons he heard for moving forward with this proposal is the principle of having small departments, oversight reasons and continuity of programs, and fiscal management.

    Ms. Fitzpatrick understands there are several levels of issues not just regarding this proposal but restructure of County government and maximizing resources in different ways.  If discussion could be delayed and if it is not directly related to fiscal targets, she suggested an approach of analyzing programs and strategic planning within a cabinet structure to review relationships between programs.

    Mrs. Schuler said she feels program committees need an opportunity to discuss this as well.

    Mr. Booth agrees with Mr. Whicher's comments about small departments and Ms. Fitzpatrick's suggestion and asked if there may be more of these situations coming.  He does, however, question if Highway is the most appropriate place for Weights and Measures.

    Ms. Kiefer does not feel the proposal needs to be tied with the budget and happen now.  She feels that if it is worth making a change it can happen anytime.  She supports finding a cabinet Weights and Measures can relate to, but does not support changing it from a department to a program and hopes more discussions will happen.

    It was the consensus of the Committee to withdraw the resolution.

Personnel

    Early Retirement Incentive
    It was MOVED by Mr. Totman, seconded by Mr. Todd, to submit the following resolutions to the full Board for approval.  Ms. Yoder provided a brief explanation of the proposed local law.  She said there are two incentives:  one is optional and one is mandatory.  The mandatory incentive must allow employees to retire if they are eligible.  She commented that four employees qualify.  The following explains the mandatory incentive:

    "Under Part B of chapter 69 of the laws of 2002, all employers must allow all employees who have reached at least the age of 55 years and who have accumulated at least 25 years of service credit, to retire without pension penalties, if they elect to do so.  An employer may exclude from participating under this part of the law those employees whom it deems essential to the preservation of public health and safety.  The window for participation under this part begins July 3, 2002 and closes September 30, 2002.  An employee may retire under the provisions of either Part A or Part B but not both."

    Ms. Yoder explained the optional incentive program.  Departments must designate employees who are eligible and want to retire and it has to have mandatory savings.  A plan must be prepared by the department that shows they can save the equivalent of the retiring employee's salary over the two-year period following the retirement.  There are 229 employees qualified for this option, which requires at least 10 years if service and being at least 50 years old.

    Ms. Kiefer spoke in opposition to the resolutions.  She feels that it is not an incentive when the same retirement package is offered every year.

    A voice vote resulted as follows on the two resolutions:  Ayes- 4 (Booth, Koplinka-Loehr, Todd, and Totman); Noes - 1 (Kiefer).  RESOLUTION CARRIED.

RESOLUTION NO:    AUTHORIZING A PUBLIC HEARING ON PROPOSED LOCAL LAW NO. ___ OF 2002 ELECTING AN EARLY RETIREMENT INCENTIVE PROGRAM AS AUTHORIZED BY    CHAPTER 69 OF THE LAWS OF 2002 FOR THE ELIGIBLE EMPLOYEES OF THE COUNTY OF TOMPKINS

    RESOLVED, on recommendation of the Government Operations Committee, That a public hearing be held before the Board of Representatives at Board Chambers of the Tompkins County Courthouse, 320 North Tioga Street, Ithaca, New York, on Tuesday, July 2, 2002 at 5:30 o’clock in the evening thereof concerning proposed Local Law No. ___ of 2002 – Electing a Retirement Incentive Program as Authorized by Chapter 69, Laws of 2002, for the Eligible Employees of the County of Tompkins.  At such time and place all persons interested in the subject matter will be heard concerning the same, and
    RESOLVED, further, That the Clerk of the Board is hereby authorized and directed to place proper notice of such public hearing in the official newspaper of the County.
SEQR ACTION:  TYPE II – 20

    RESOLVED, further, That this incentive may be used by any eligible employee who so chooses, provided that the department head has recommended a plan that will result in a financial savings equal to 50 percent of the base salary of the retiring employee over a two year period following the retirement, said plan to be reviewed and recommended upon by the County Administrator and the department’s program committee, and to be approved by the Board of Representatives, and further
   RESOLVED, That departments shall continue to be responsible to pay the added cost to the retirement system that results from an early retirement, in addition to the department’s regular Fringe Pool obligation, and further
    RESOLVED, That departments shall be obligated to return to the general fund balance of the County (through a reduced fiscal target) an amount equal to the difference between the state-mandated savings (essentially the annual salary) and the amount of additional payment due the Retirement System.

EXPLANATION TO BE INCLUDED WITH ADOPTION RESOLUTION:

This year’s early retirement option A of the State of New York is identical prior year’s:

- Employee must be a vested member of the New York State Retirement System.
- Employee must be 50 years old, but there are penalties for retiring earlier than 55 (Tiers 1 and 2) or 62 (Tiers 3 and 4).
- The incentive consists of one additional month of service credit for every year of service, up to a maximum of 36 months for 36 years.
- Employee must voluntarily choose to participate; department must voluntarily propose a plan as stated above (first Resolved above).

EXAMPLE of the fiscal impact:

Department A awards early retirement to Jane Smith whose annual salary is $30,000 per year.  The department’s proposal is to leave Jane’s position vacant for one full year, and after that to hire an employee at the same salary.     The department will save a total of $30,000 on Jane’s salary (disregarding any salary increase) plus $7,500 on fringes for a total of $37,500.  This exceeds the 50% of base salary for two years State requirement by $7,500.

If Jane was a Tier 1 employee the department will have to pay, in addition to its regular fringe pool obligation, $30,000 times .15 = $4,500 for each of five years, totaling $22,500; net savings to the department will therefore be $37,500 minus $22,500 or $15,000.   (If Jane was a Tier 3 or Tier 4 employee the amount turned back in to the general fund would be larger.)

The department, per the final Resolved above, will see its fiscal target for years one through five after Jane’s retirement reduced by $1,500 per year ($30,000 minus $22,500 or $7,500 divided by 5 = $1,500).   This will be a net savings to the general fund.
The department, after it has paid the retirement system (by direct payment) and the general fund (through a reduced target) will come out ahead by $7,500, money which it can propose to spend, within its target budget, for any legitimate county purpose.

OF NOTE:  A department is not LIMITED in the amount that it saves; this is the MINIMUM the state will allow.   Any savings beyond this minimum would remain in the department.

RESOLUTION NO.    ADOPTION OF LOCAL LAW NO.___ OF 2002 - ELECTING A RETIREMENT INCENTIVE    PROGRAM AS AUTHORIZED BY CHAPTER 69 OF THE LAWS OF 2002 FOR THE ELIGIBLE EMPLOYEES OF THE COUNTY OF TOMPKINS

    WHEREAS, a public hearing has been held before the Board of Representatives on July 2, 2002, to hear all persons interested in proposed Local Law No.____ of 2002, now therefore be it
    RESOLVED, on recommendation of the Government Operations Committee, That Local Law No. ___ of 2002 - Electing a Retirement Incentive Program as Authorized by Chapter 69 of the Laws of 2002 for the Eligible Employees of the County of Tompkins be and hereby is adopted,
    RESOLVED, further, That the Clerk of the Board shall publish in the official newspaper of the County a notice of adoption containing a synopsis of said Local Law, and shall within five (5) days file one certified copy in the office of the County Clerk, and one (1) certified copy in the office of the Secretary of State,
    RESOLVED, further, That this incentive may be used by any eligible employee who so chooses, provided that the department head has recommended a plan that will result in a financial savings equal to 50 percent of the base salary of the retiring employee over a two year period following the retirement, said plan to be reviewed and recommended upon by the County Administrator and the department's program committee, and to be approved by the Board of Representatives,
    RESOLVED, further, That departments shall continue
 to be responsible to pay the added cost to the retirement system that results from an early retirement, in addition to the department's regular Fringe Pool obligation,
    RESOLVED, further, That departments shall be obligated to return to the general fund balance of the County (through a reduced fiscal target) an amount equal to the difference between the state-mandated savings (essentially the annual salary) and the amount of additional payment due the Retirement System.
SEQR ACTION:  Type II-20

Charter Articles

    Department of Law
    Mr. Wood announced the correction to delete "paid compensation from County funds" that the Charter Committee agreed to but was not made in the following paragraph:

Section 7.03  Inconsistent Interests Among County Officials.

    Whenever the interests of the Board of Representatives or the County are inconsistent with the interests of any officer or employee of the County paid compensation from County funds, the County Attorney shall represent the interests of the Board of Representatives and the County unless the provisions of Section 18 of the Public Officers Law are applicable.  In such case, the officer or employee may employ an attorney-at-law at the officer's own expense, except as provided by any local law with respect to indemnification.

    Following a brief discussion concerning a reference to the Social Services Attorneys hiring process as reflected in the Department of Social Services Article, the Committee agreed to add the following paragraph:

    (g) Advice and consult with the Commissioner of Social Services regarding hiring of Social Services Attorneys.

    Department of Personnel
    No change or discussion.

    Board of Elections
    No change or discussion.

    County Clerk
    No change or discussion.

2002 Goals and Action Items

    Following discussion, the Committee agreed to the following list of goals and action items:

Goals
-Advisory Board Review (complete)
-Policy/Procedure Manual:  review and make separate list of Board policies; consider additions of
-Copyright policy, Privacy policy, Freedom of Information policy
-County Government Structure
-Personnel Impact (as it relates to Budgets)
-Election Reform - voting machines, voter participation project

Action Items
-Personnel Rating system - salary schedules for elected officials and "red circled" positions
-Advisory Board resume form (revisit)
-Board agenda format
    - Municipal Officials Report
    - Special Orders of the Day

The list below represents long-term goals (2003) the Committee agreed to:

-Program evaluation
-Diversification of workforce (request quarterly reports in 2002)
-Partner's for Quality
-Risk Management
-Administrative reorganization (including but not limited to contractors performance, risk management)
-Tax-exempt properties in Tompkins County
    - including properties not sold at auction
-Personnel rating systems and various classifications; review; check market rates

Committee requested that a draft list of goals be prepared for the next meeting for review.

Next Meeting

    The Committee asked that the following items be discussed at the next meeting:

- Resolution regarding Board agenda format
- Resume form for advisory boards

Adjournment

    The meeting adjourned at 1:20 p.m.