Excused: L. McBean-Clairborne

Staff:       C. Covert, Clerk of the Legislature; A. Fitzpatrick, Personnel Commissioner; S. Whicher, County Administrator; S. Martel Moore, Human Rights

Called to Order

 The meeting was called to order at 3:05 p.m.

Chair’s Report

 Mr. Dennis reported that negotiations continue with the Corrections Unit.  A meeting is scheduled for tomorrow and again on May 23rd when proposals will continue to be discussed.  He noted that Paul Mayo was hired by the County as the negotiator.

 In response to a question raised concerning Library negotiations, Mr. Dennis said he did not have a report.  Mr. Sigler is the County’s representative and liaison; however, he is not a voting member.  Ms. Mackesey feels the Committee should have a report from Mr. Sigler at a future meeting.

 Ms. Kiefer asked if the Committee could have an update on the 25-year retirement plan proposal for Probation Officers that was discussed at the last Committee meeting.

Approval of Minutes

 It was MOVED by Ms. Kiefer, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, to approve the minutes of the March 8, 2006, meeting as corrected.  MINUTES APPROVED.

 It was MOVED by Mr. Proto, seconded by Ms. Mackesey, and unanimously adopted by voice vote by members present, to approve the minutes of the April 12, 2006, meeting as corrected.  MINUTES APPROVED.

Administrative Policy 03-04 – Emergency Fringe Pool

 It was MOVED by Ms. Mackesey, seconded by Ms. Kiefer, to approve and submit the following resolution to the full Legislature for approval.  Ms. Kiefer asked if alternative options to the existing pan have been developed yet for employees to help other employees.  Ms. Fitzpatrick said there is no method currently available.  She provided a brief history about the creation of the policy and said since the implementation of the policy disability plans have been established that cover all but approximately 80 blue-collar employees.  The disability plan is an entitlement not an earned benefit.  The benefit as a safety net has been enhanced tremendously over a period of time.  Ms. Fitzpatrick noted that this item (emergency pool) could be a negotiable item.

 In response to a question raised regarding any balance remaining in the pool, Ms. Fitzpatrick believed there was approximately $10,000 currently in the pool but that it is not real money until it is paid out to someone.  She noted that historically Management has donated hours to the pool, and the value is based on management’s hourly rate of pay; usage has been mainly white-collar employees, road patrol and corrections hazve never used it, and blue-collar employees have used the pool 3-5 times.  If the policy is abolished, Ms. Fitzpatrick feels that any time remaining should be returned to the employee(s) that donated the time if possible and any remaining balance would become void.  Ms. Fitzpatrick said she had suspended the pool about four months ago.

 Ms. Kiefer does not feel the concept of an emergency pool should be lost completely.

 Following a brief discussion, a voice vote resulted as follows on the following resolution:  Ayes – 4 (Dennis, Kiefer, Proto, and Mackesey); Noes – 0; Excused – 1 (McBean-Clairborne).  RESOLUTION ADOPTED.

RESOLUTION NO.        – RESOLUTION TO ABOLISH ADMINISTRATIVE POLICY 03-04 - EMERGENCY FRINGE POOL

WHEREAS, the Legislature adopted a resolution on September 18, 1989, to enable county employees to donate paid time off to other county employees who have been confronted with a family emergency, and

 Mr. Joseph arrived at this time and said he would be appointing himself to the Committee.

Salaries of Elected Officials

 Point-Factor Rating System

 Further discussion on this subject was postponed to allow the Committee to review and consider a resolution amending the Diversity Statement.

Resolution – Amendment of Diversity Statement

 A brief review of the resolution was provided followed with discussion.  Mr. Proto expressed concern that the statement may not be broad enough and felt that other protected classes as well as appropriate references to adopted legislation should be included.  Ms. Martel Moore commented that the County’s documentation and the direction it is headed is much broader and expansive than the EEOC  (Equal Employment Opportunity Commission) codes.   The EEOC codes are limited by gender, race, disability, and certain veterans.  The County’s proposed amended Diversity Statement is more expansive and does not specify Federal laws or other applicable State and local laws; however, that information is included in the interim Diversity policy and the Affirmative Action Plan.

Mr. Joseph gave an overview of the discussions held by the Workforce Diversity and Inclusion Committee (WDIC) and subcommittee that drafted the plan.  The intention of WDIC was to make the statement as inclusive as possible and recommended using the word diverse which means “all inclusive” and that was how it was being used in the Committee.  Ms. Martel Moore feels that including a laundry list of protected classes would be limiting and require the list be expanded in the future.  She also commented that the overall “shell” plan will cite all applicable laws.

 At this time, Ms. Kiefer distributed copies and explained her recommended proposal for the Committee to consider.  She prepared a draft policy for the Administrative Manual and a revised resolution. She feels the previously adopted Diversity Statement should be renamed Diversity Policy which then could be used as a policy statement in the Administrative Manual followed with action items or procedures at a future date.

 Following a brief discussion, it was MOVED by Ms. Mackesey, seconded by Mr. Joseph, to approve and submit the following resolution to the full Legislature for approval.

It was MOVED by Ms. Kiefer to amend the resolution by replacing the Resolved with the following two Resolves.

 RESOLVED, on recommendation of the WDIC, the Government Operations, and the Personnel Committees, That the expanded and comprehensive Diversity Statement (see below) is hereby adopted by the Tompkins County Legislature,

DIVERSITY POLICY

 Tompkins County government is committed to creating a diverse and fully inclusive workplace that…

DIVERSITY STATEMENT

I. PURPOSE

A.  To foster…

 A voice vote resulted as follows on the original motion:  Ayes – 3 (Dennis, Joseph, and Mackesey); Noes – 2 (Kiefer and Proto).  MOTION CARRIED.  Ms. Kiefer requested the record state that she fully supports the expanded statement but voted against it for procedural and format reasons.  Mr. Proto questioned the existing Affirmative Action Plan and asked if it was “broken”.  The response was that it is not broken and that the Diversity initiative is an expansion of it.

RESOLUTION NO. ____ - AMENDMENT TOMPKINS COUNTY DIVERSITY STATEMENT

 WHEREAS, the Tompkins County Legislature adopted the Tompkins County Diversity Statement under Resolution No. 126, dated July 5, 2005, and

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;

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.

II.  GOALS

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.

III.  STRATEGY

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.

IV.  EXPECTATIONS

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.

4.  Provide annual diversity training to develop new skills for managers, supervisors, union leaders, and employees.

9.  Create a checks and balances system, wherein each level of recruiting,

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.

Salaries of Elected Officials (continued)

 Point-Factor Rating System

 Ms. Kiefer said that rather than making up numbers based on our subjective opinion of the elected positions, she supports tying salaries to the average of the last three full years of inflation, as was done four years ago.  Mr. Joseph stated that although he is not concerned with the Sheriff making less than the Undersheriff, he is influenced by the exercise the Committee went through earlier in the meeting and felt it was informative and believes the Sheriff should be the same labor grade as the Public Health Director, and the Probation Director and receive the same increases as management.

 Ms. Mackesey commented that these two positions (County Clerk and Sheriff) are different than other department heads as there are no specific job qualifications and she does not feel the need to increase their salaries significantly.   She would support an increase equivalent to what the white-collar union employees received.

 Mr. Dennis expressed his opinion that the County Clerk’s salary should be at the same level as the Election Commissioners and Clerk of the Legislature.

 Ms. Kiefer noted that unlike rating a real position, we have been talking about specific individuals, and for both of these elected department heads, there is much greater reliance by them on their departments’ number twos than is true in other departments.

 Mr. Joseph agrees with the comments made, however, he feels it is important to make it regularized and assign the two positions a labor grade and receive the same increases as management.  Mr. Proto disagreed with assigning a labor grade.

 A voice vote resulted as follows:  Ayes – 3 (Joseph, Mackesey, and Proto); Noes – 2 (Dennis and Kiefer).  RESOLUTION CARRIED.

RESOLUTION NO.       -  ESTABLISHING ANNUAL SALARY FOR THE POSITION OF SHERIFF FOR THE YEARS 2007, 2008, 2009, AND 2010

 WHEREAS, State law requires this Board to establish salary for the position of Sheriff, and County Administrative Manual Policy 04-06 states that this action occur prior to the time when candidate petitions may lawfully be passed, and the County Attorney has advised that it is sufficient to establish such salaries prior to the start of the term of office, consistent with State Law, and

 SHERIFF % Change

 It was MOVED by Mr. Proto, seconded by Mr. Joseph, to approve and submit the following resolution to the full Legislature for approval.  A voice vote resulted as follows:  Ayes – 4 (Dennis, Joseph, Mackesey, and Proto); Noes – 1 (Kiefer).  RESOLUTION CARRIED.

RESOLUTION NO.       -  ESTABLISHING ANNUAL SALARY FOR THE POSITION OF COUNTY CLERK FOR THE YEARS 2007, 2008, 2009, AND 2010

 WHEREAS, State law requires this Board to establish salaries for the position of County Clerk, and County Administrative Manual Policy 04-06 states that this action occur prior to the time when candidate petitions may lawfully be passed, and the County Attorney has advised that it is sufficient to establish such salaries prior to the start of the term of office, consistent with State Law, and

  COUNTY CLERK % Change

Agenda Items Deferred

 The following agenda items were deferred:

 The meeting adjourned at 5:21 p.m.