MINUTES
GOVERNMENT OPERATIONS COMMITTEE
AUGUST 14, 2003
2:00 P.M.
SCOTT HEYMAN CONFERENCE ROOM
Present: M. Koplinka-Loehr, Chair; T. Todd; L. McBean; K. Herrera; M. Lane
Staff: D. Squires, Finance Director; W. Skinner,
Public Information; J. Thomas, Administration; S. Whicher, County Administrator;
J. Wood, County Attorney
Guests: D. Kiefer, Legislator; Press
Called to Order
The meeting was called to order at 2:00 p.m.
Changes to Agenda
A transfer from the Assessment Department was distributed for information only.
Report from the Committee Chair
Mr. Koplinka-Loehr announced the subcommittee on performance
evaluation for the County Administrator will be meeting following this meeting.
Report from the County Administrator
Mr. Whicher updated the Committee on the status of the
reorganization of the Facilities Division and said it is now fully implemented
and going very well. The Public Works Administrator was subsumed into
Facilities, Highway, Airport, and Solid Waste. The employee is helping
them communicate and work together.
Mr. Whicher said he continues reviewing department budgets.
His estimate is that 6.5 million dollars will need to be cut from programs
to achieve the five percent budget the Legislature requested.
He spoke about the costs of laying off employees and concluded that after
paying out fringes, unemployment, and health insurance would result in approximately
50 percent of an employee's salary. He cautioned the County could be
put in a situation where a program may be eliminated, but the costs of laying
off an employee(s) could be doubled in the first year if the position or
program was receiving State Aid.
Report from the County Attorney
Mr. Wood said he did not have a report. He distributed
copies of a revised Outside Employment policy and said he will discuss it
further at the appropriate time.
Report from the Finance Director
Mr. Squires reported that the Purchasing Division is working
at less than 100 percent staff which is causing some delays in purchasing
items. He currently has a vacancy and will be addressing this issue
during budget deliberations. He also anticipates another long-time
employee to retire before the end of the year.
He also reported one hauler is in arrears for $50,000.
He said he met with the hauler and there is an agreement that the hauler
will he will pay off the arrears and make weekly payments current tipping
fee. The hauler hopes to pay off the arrears in less than one year.
Mr. Squires said the State Treasurer's Association meeting
was held in Tompkins County last week. He announced there is an environmental
bill that is hoped to pass the next time the State Legislature meets.
The one area of the bill that impacts the Finance Department is related to
the Land Policy because it holds counties harmless for acquiring contaminated
property. It may result in the County having a different approach when
reviewing properties during the foreclosure process. One question that
has been raised is if a review is done at all on the property.
Ms. Herrera asked about the discussion held at the last
meeting concerning the County's International residents and refugee law.
Mr. Squires said the laws grant resident status to certain refugees.
An immigrant not subject to refugee status would have to wait at least one
year to get a certificate of residency. Out of State people who move
into New York State also have to wait one year. He feels there are
some inconsistencies with the procedures for issuing certificates of residence.
Ms. Herrera said she would be interested in working with the appropriate
staff when this is discussed.
Report from the Public Information Coordinator
Ms. Skinner said she working to assist in the budget process
with providing clear information for the public and employees. She
prepared a document called "Budget Primer" that will be used as a resource
for the public, County employees, and Legislators. This information
was sent to Department Heads for feedback and she hopes to have it available
next week on the web and for Legislators.
The County website designed by a cross-functional team
is having difficulty with technical details. Information Technology
Services is in the process of working on it and the team has set targets
for presentations. It is hoped that a presentation on the finished
site will be given to Department Heads at the first meeting in September
and the Legislature at the second meeting in September.
Ms. Skinner reported on a joint project she has been working
on with the County Clerk and Department of Motor Vehicle (DMV). She
created new signage for DMV. She understands the walls have been painted
and the signs are now ready to be hung. She believes the signs will
create a more user-friendly environment.
At this time, Mr. Whicher explained the issues that emerged
at DMV beginning with the installation of the ergonomic counter that was
put in while still off gassing. Some employees were affected
and out ill at the same time other employees were already out. The
Department was down four employees. A Personnel staff person assisted
and Administration began looking at this and made site visits. He said
he met with the County Clerk and requested a list of 10-15 items of importance
the County could assist with. It has been very successful and now the
DMV is up to full staff.
Ms. Skinner spoke briefly about the proposed resolution
to reduce her hours. She said it is voluntary and does not feel it
will impact her core responsibilities. It is likely she will no longer
handle special projects particularly for agencies outside the County.
Records Management - Resolution
It was MOVED by Ms. Herrera, seconded by Mr. Lane, and
unanimously adopted by voice vote, to submit the following resolution to
the Legislature. Mr. Whicher commented that this will be split over
a two-year period and the Committee requested that information be reflected
in the resolution.
RESOLUTION NO. - AUTHORIZATION TO ACCEPT
AN AWARD OF A GRANT FROM THE NEW YORK STATE ARCHIVES OF THE STATE EDUCATION
DEPARTMENT
WHEREAS, the Personnel Department has been notified of
a grant award from New York State Archives in the amount of $35,895, known
as Local Government Records Management Improvement Fund (LGRMIF) grant, and
WHEREAS, the LGRMIF grant represents an effort to inventory
and archive County records and assess the current status of the Records Management
Program, now therefore be it
RESOLVED, on recommendation of the Government Operations
Committee, That the County Administrator or his designee execute all contracts
related to this award,
RESOLVED, further, That the Director of Finance is directed
to make the following adjustments to his books for 2003:
BUDGET ADJUSTMENT
Revenue:
A1460.43389 State Aid
$35,895
Appropriation: A1460.51000
Payroll
$26,203
A1460.58800
Fringes
$ 9,692
RESOLVED, further, That this grant cycle runs from July
1, 2003, through July 30, 2004, and a budget adjustment will be made in 2004
for any unspent funds in 2003.
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County Attorney
Policy 02-10 - Outside Employment
Mr. Wood provided an overview of the recommended changes
in bold of the policy below. He said the purpose of the policy was
to avoid conflicts by employees with their county employment. The issue
was of particular concern with attorneys. This policy was drafted several
years ago prior to the County Attorney's position becoming full-time.
Discussion followed concerning the policy (three separate
similar versions were prepared) and the Committee felt the version prepared
by Legislator Kiefer was the policy to recommend. Some minor amendments
were suggested and agreed to by the Committee and are reflected in the policy
below.
It was MOVED by Mr. Lane, seconded by Ms. McBean, and
unanimously adopted by voice vote, to submit the following policy to the
Legislature for approval:
OUTSIDE EMPLOYMENT OF COUNTY EMPLOYEES
Objective: To ensure that outside employment does not interfere
with the accomplishment of job duties by County employees.
Policy Number: 02-10
Reference: (Laws: state, federal, and local)
Effective Date: 1/12/81
Modified Date: 8/17/95, 8/14/03
Policy Statement: It is the intent of the County Legislature
to have procedures in place that will ensure that employment of County employees
in addition to their County jobs shall not interfere with the accomplishment
of their County job duties. The County Attorney and the County Administrator
are jointly authorized and directed to establish such procedures.
Resolution #:
Procedure Modification Date:
Department County Attorney
Procedure:
General Procedures and Definition for all County Employees
Definition: "Outside Employment" is any paid or volunteer work not required as part of the duties of a County Position.
1. County employees shall not work for any other employer, including
self-employment, during regular or sick time hours paid by the County.
2. Outside employment must not violate the Tompkins County Code of
Ethics (see Policy 01-29, particularly regarding conflict of interest and
use of County employment to generate business for outside employment).
3. Outside employment must not interfere with County employees' fulfilling
the obligations of their position. Outside duties must not conflict
with regularly scheduled work hours, as determined by the department head.
Additional Procedures and Definitions for Particular Employees
Sheriff's Department - details for policy on outside employment must be taken
from the Agreement between the County of Tompkins and Tompkins County Deputy
Sheriff's Association.
Attorneys Employed by the County:
Definitions: "Full-time attorney" means an attorney admitted to practice
in the courts of the State of New York, employed by the County of Tompkins
and scheduled to work at least 35 hours per week.
"Pro bono" includes the following:
- Legal services to poor persons when rendered through a program of an organization
that has as a purpose the provision of legal services to the poor.
Whether a particular organization qualifies shall be determined by the County
Attorney.
- Legal services, other than litigation services, to charitable, religious,
civic, governmental, and educational institutions in matters in furtherance
of their organizational purpose, where the payment of customary legal fees
would significantly deplete the organization's economic resources or would
be otherwise inappropriate.
- Activity, other than litigation, designed to increase the availability
of legal services or otherwise improve the administration of justice when
performed as part of a program of an established organization.
- Any other legal services performed for individuals or organizations without compensation.
1. A full-time attorney employed by the County shall not engage in the practice
of law on behalf of individuals, corporations or other entities, whether
for compensation or pro bono, including services as an arbitrator, mediator,
or hearing officer, not required as part of the duties of such County employment.
Excluded from this prohibition is the practice of law on behalf of entities
associated with or supported by the County (such as the Tompkins County Library)
and entities in which the County participates such as Municipal Electric
and Gas Alliance (MEGA) and Tompkins Consolidated Area Transit (TCAT).
Notwithstanding this, pro bono activities may be conducted by full-time attorneys
upon written authorization of the County Attorney.
2. If the County Attorney is a full-time employee of the County, authorization
for the County Attorney to conduct pro bono activity shall be upon written
authorization from the Chair of the Legislature.
Public Information
Resolution
It was MOVED by Ms. McBean, seconded by Ms. Herrera, to
submit the following resolution to the Legislature for approval. Mr.
Lane expressed his concern that voluntary reductions of hours may be an immediate
benefit, but feels it becomes a long-time problem when trying to fill positions
in the future. Mr. Whicher said he understands Mr. Lane's concern,
but also recognizes the importance of accommodating current staff needs.
A voice vote resulted as follows: Ayes - 5, Noes - 0. RESOLUTION CARRIED.
RESOLUTION NO. - REDUCTION OF HOURS FOR PUBLIC INFORMATION COORDINATOR - COUNTY ADMINISTRATION
WHEREAS, a reduction in hours is sought by the Public Information Coordinator, and
WHEREAS, the reduction will result in minimal loss of
core services to County Administration, other County departments, and the
Legislature, now therefore be it
RESOLVED, on recommendation of the Government Operations
Committee, That one (1) position of Public Information Coordinator, labor
grade M, is hereby reduced from 40.0 hours to 35.0 hours effective August
31, 2003.
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Rules of the Tompkins County Legislature and Functions of Committees
It was MOVED by Ms. Herrera, seconded by Ms. McBean, to
submit the Rules of the Tompkins County Legislature and Functions of Committees
to the Legislature for approval.
Discussion followed concerning the number of subjects
and amount of time granted to individuals speaking under privilege of the
floor. Ms. Herrera said she supports the current language and feels
there is enough flexibility while other members feel the language should
conform with current practice.
It was MOVED by Ms. McBean, seconded by Mr. Todd, to amend the paragraph below as follows:
No person, not a member of the Tompkins County Legislature,
shall speak for more than three (3) five (5) minutes on any one subject;
however, the Chair may exercise discretion to extend the three (3) minutes.
Beyond five (5) minutes without the consent of a majority of the Legislature
is necessary.
A voice vote resulted as follows on the above amendment:
Ayes - 4 (Koplinka-Loehr, Todd, Lane, and McBean); Noes - 1 (Herrera).
AMENDMENT CARRIED.
There was discussion concerning the deletion of the word
"one" in the paragraph above, however, no motion was offered.
Ms. Kiefer recommended adding the following paragraph
to Rule IV - Order of Business, paragraph (13) (B) Motions and Resolutions:
Any resolution that has been recommended by a committee
of the Legislature for action by the Legislature shall be pre-filed with
the names of the committee members and how they voted if it is not unanimous.
It was MOVED by Ms. McBean, seconded by Ms. Herrera, and
unanimously adopted by voice vote, to approve the suggested language in the
paragraph above.
Ms. McBean recalled a discussion by Legislators concerning
possible situations of people being disorderly. Following a brief discussion,
it was MOVED by Mr. Lane, seconded by Mr. Todd, and unanimously adopted by
voice vote by members present (Ms. Herrera was temporarily out of the room),
to add the following paragraph to Rule V under Order and Decorum:
In the event of a disruption during the meeting, the Chair
shall have discretion to recess the meeting and reconvene it at such time
the disruption has ceased.
Ms. Kiefer suggested and the Committee agreed to delete
the following sentence in Rule XI - Committee of the Whole as it was felt
the sentence was not necessary:
The committee of the whole cannot refer any subject under discussion to another committee.
Ms. Kiefer recommended amending the following paragraph
in Rule XIII - Standing and Special Committees to read:
The Chair of the Legislature may make temporary appointments
to fill vacancies on any committee caused by the absence of any of it s members
whenever a necessity exists for such appointment or appointments, but this
shall be the exception rather than the rule.
A brief discussion followed and the Committee did not
agree with Ms. Kiefer's recommendation and no motion was offered.
Ms. Kiefer suggested adding the words "non-voting" to
the following sentence in Rule XIII Standing and Special Committee, seventh
paragraph:
The Chair of the Legislature shall serve as an ex-officio non-voting member of all Legislature committees.
It was MOVED by Ms. Herrera, seconded by Ms. McBean, and
unanimously adopted by voice vote, to approve Ms. Kiefer's suggestion as
stated in the above paragraph.
It was MOVED by Ms. Herrera, seconded by Ms. McBean, and
unanimously adopted by voice vote, to amend Rule XIII Standing and Special
Committees, eighth paragraph, first sentence, by adding the words "or minutes"
as recommended by Ms. Kiefer.
Mr. Lane stated that in his opinion the language in Rule
XIII Standing and Special Committees should be parallel with the language
under privilege of the floor for the public and MOVED said amendment.
However following a brief discussion and a second for the motion not being
offered, the MOTION FAILED FOR LACK OF A SECOND.
It was MOVED by Ms. Herrera, seconded by Ms. McBean, to
amend the following paragraph in Rule X - Receipt of Reports as recommended
by Ms. Kiefer:
The Legislature may also vote to ADOPT any such report
in whole or in part. Adoption is hereby defined to mean that the Legislature
acknowledges receipt of the report, thanks its author for it, and formally
commits itself to implementing its the recommendations of the report.
A voice vote on the amendment above resulted as follows:
Ayes - 4 (Koplinka-Loehr, McBean, Herrera, and Lane); Noes - 1 (Todd).
AMENDMENT CARRIED.
It was MOVED by Ms. Herrera, seconded by Ms. McBean, to
include "and the public" to the section of the appointment policy that asks
the committee and Legislature to assist in providing nominees as suggested
by Ms. Kiefer. A voice vote resulted as follows: Ayes - 3 (Koplinka-Loehr,
McBean, and Herrera); Noes - 1 (Todd); Excused - 1 (Lane - temporarily out
of the room). AMENDMENT CARRIED.
Ms. McBean recalled a discussion about the appointment
policy and a comment made to include language for making an effort to have
a diversified pool of candidates as well as the question about members requesting
permission to be absent. She felt that these subjects may come up at
the time the Legislature considers adopting the Rules.
A voice vote resulted as follows on the Rules of the Legislature
and Functions of Committees as amended: Ayes - 5, Noes - 0. MOTION
CARRIED.
Human Rights Commission
Annual Report
Ms. Martel-Moore highlighted the Department's Annual Report
from January 1, 2002 through July 31, 2003. She said it was a productive
year and are moving along with their cases. They have also done a lot
of education outreach. Tompkins County was the host for the Fall New
York State Local Human Rights Commission Association. At this time
she gave an overview of the Annual Report and the programs offered by the
Department.
Mr. Koplinka-Loehr explained the importance of the report
and the significance of the budget process this year and said the role in
educating Committee members will also be significant. Ms.
Martel-Moore understands one of the issues is duplication and whether or
not the local office is duplicating work that the State or Federal government
can do for Tompkins County. The point is the cases handled by the local
office are cases that occur in Tompkins County. Mr. Lane also spoke
about the office doing an educational component that is important as well.
Ms. Martel-Moore agreed to provide copies of the Annual Report to the full Legislature.
Budget Review Schedule
The Committee agreed to schedule the following meetings for budget reviews:
September 11 - 2:00-5:00 (Regular meeting and budget reviews)
September 15 - 2:00-5:00 (Budget reviews)
Executive Session
It was MOVED by Ms. McBean, seconded by Mr. Todd, and
unanimously adopted by voice vote, to hold an executive session to discuss
personnel matters and collective bargaining. An executive session was
held at 3:55 p.m. and returned to open session at 4:12 p.m.
Resolution
It was MOVED by Ms. McBean, seconded by Ms. Herrera, and
unanimously adopted by voice vote, to submit the following resolution to
the Legislature for approval:
RESOLUTION NO. - AUTHORIZING THE
COMMISSIONER OF PLANNING TO ACCUMULATE VACATION TIME AT THE MAXIMUM RATE
WHEREAS, in the 2003 budget, the Deputy County Administrator’s
position reduced to 50% of a full time equivalent, and
WHEREAS, the County Administrator has requested that Edward
Marx, Commissioner of Planning, take on certain duties of the Deputy County
Administrator during 2003, and
WHEREAS, it is the intent of the County Administrator
to recommend that, beginning with budget year 2004, Mr. Marx permanently
assume the position of Deputy County Administrator and Commissioner of Planning,
with 50% of his time devoted to each, and
WHEREAS, the position of Deputy County Administrator and Commissioner of Planning are the same salary level, and
WHEREAS, the Legislature recognizes and appreciates the additional effort
and demands required to meet the challenges of the additional duties, now
therefore be it
RESOLVED, on recommendation of the Government Operations Committee, That
effective January 1, 2003, that Mr. Marx be granted maximum vacation at a
rate of 20 days per year.
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Adjournment
The meeting adjourned at 4:15 p.m.
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