MINUTES
PERSONNEL COMMITTEE
JULY 12, 2006         3:00 P.M.
SCOTT HEYMAN CONFERENCE ROOM


Present:  J. Dennis, Chair; P. Mackesey; L. McBean-Clairborne; F. Proto (arrived at 3:05 p.m.); D. Kiefer

  (arrived at 3:06 p.m.)

Staff:      C. Covert, Clerk of the Legislature; M. Lynch, Public Information Officer; A. Fitzpatrick,

Personnel Commissioner; C. DeMarco, Mental Health Department; H. Stewart, Personnel Department; S. Whicher, County Administrator; S. Martel Moore, Deputy County Administrator; B. Kominos, Personnel Department

 

Called to Order

 

            The meeting was called to order at 3:00 p.m.

 

Changes to Agenda

 

            There were no changes to the agenda.

 

Report from the Chair

 

            Mr. Dennis did not have a report.

 

            Mr. Proto and Ms. Kiefer arrived at this time.

 

Resolution – Approval of Tompkins County Diversity Policy Guidelines

 

            It was MOVED by Mrs. McBean-Clairborne, seconded by Ms. Mackesey, and unanimously adopted by voice vote, to approve and submit the following resolution to the full Legislature for approval with the changes recommended being accepted as friendly by the Committee and as reflected below.

 

RESOLUTION NO.         - AMENDMENT OF TOMPKINS COUNTY DIVERSITY STATEMENT

And policy APPROVAL OF TOMPKINS COUNTY DIVERSITY POLICY

        GUIDELINES

 

            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 outlining the purpose, goals, strategies, and expectations for consideration, now therefore be it

RESOLVED, on recommendation of the Workforce Diversity and Inclusion and the Personnel Committees, That the Diversity Policy Guidelines Statement contained in Resolution No. 126, dated July 5, 2005, be amended to readshall be  as follows: 

 

DIVERSITY STATEMENT

 

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.

 

I.  PURPOSE

 

A.  Tompkins County government shall 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 workforce 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.  Strive to reflect in the Tompkins County workforce 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.  Acknowledge and accept that a diverse workforce 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 and be served by 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 workforce.

 

D.  Create an organizational culture that fosters accountability for learning about, appreciating, and respecting employee differences and promote openness to multiple perspectives.

 

E.  Make diversity a core organizational value, one that 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.

 

H. Involve and encourage union leadership in promoting an organizational culture that values diversity.

 

I.  Ensure that awareness of diversity issues is a regular part of daily functioning that is internalized by all County Personnel.

 

 

III.  STRATEGY

 

Workplace cultures usually require people to conform to the style historically dominant in the organization.  In contrast, with an increasingly diverse workforce 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.  Tompkins County will strive for a pluralistic workforce 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, union leadership, and employees representative of the many different groups that make up the County workforce.

 

  1. Valuing diversity can have a synergistic effect as the total workforce 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.

RESOLUTION NO.         - AMENDMENT OF TOMPKINS COUNTY DIVERSITY STATEMENT

 

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.

            3.  Implement new open and inclusive 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, e.g, flexible work schedules.

           

6.  Achieve an inclusiveon work environment for all employees.

           

7.  Work through Minimize tensions and conflict problems or cultureal clashes toward respectful and productive resolution.

           

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 workforce, including active participation by the entire workforce.

 

V. RESPONSIBILITIES

 

111.  The Commissioner of Personnel will continue to track the interviewing, hiring, transfer, promotion and discharge of all personnel in order to ensure encourage the achievement and maintenance of diversity within the Tompkins County workforce.

 

212.  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.

 

313.  The County Administrator shall assemble a small team, including the Commissioner of Personnel and a member(s) of the appropriate legislature committee dealing with diversity as part of the Department Head’s annual performance review, shallto evaluate annually each Department’s approach to incorporate the County’s diversity and cultural goals and action plans.  In addition, this group/team e 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.

 

4.  On an annual basis, in consultation with the appropriate legislature committee dealing with diversity, the County Administrator shall recognize Departments that achieve their diversity goals.  The County Administrator, or his/her designee, in consultation with appropriate legislature committee responsible for diversity , 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.

SEQR ACTION:  TYPE II-20

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Emergency Pool Policy

 

            Ms. Fitzpatrick explained the policy and provided a brief history.  Mr. Whicher said subsequent to the creation of the policy, all unions except the Blue Collar employees have added a long-term disability plan.  Some issues and concerns have been identified including the administration of the program. 

 

Ms. DeMarco spoke as a White Collar Union representative and said the policy as stated in the objective is for employees who are confronted with a family emergency such as an employee having to take care of a seriously ill child, which is not covered by disability.

 

Ms. Fitzpatrick said the policy has been suspended since October and she is asking for direction on process.  One issue is the bookkeeping as no money changes hands when time is donated.  The problem is one department employee may be donating time, at one-dollar rate while another department is incurring actual unbudgeted dollar expenses.  

 

            Ms. Kiefer said she would like to have a policy where employees can help other employees in time of emergency and asked that the Committee review other proposals if possible. 

 

            Further discussion followed and the Committee agreed that the suspension of the policy be lifted and it remain in place until a new proposal is adopted.  Appropriate staff and union representatives will meet and discuss various options to bring back to the Committee in October.

 

Personnel Department Reports

 

            Training Update

            Ms. Fitzpatrick updated the Committee on the training program and said the training budget had been reduced over a period of time.  Over the past two years, additional money has been budgeted for training and several sessions have been held to date.  Ms. Fitzpatrick reviewed the report distributed to the Committee highlighting the various training series offered.  The Department is working collaboratively with Sue Greener of TC3 on the idea of pursuing a consortium as it relates to training and is in the process of sending out a letter to municipalities.  In addition, she hopes to run another series of training sessions in the fall if funding is available. 

 

            Mrs. McBean-Clairborne asked if we could find out why the response rate for the training programs is not higher and asked which trainings were mandatory.  Ms. Fitzpatrick said the Right-to-Know training is mandatory and the Sexual Harassment Prevention training is mandatory for employees who have not had the training.  She also reminded the Committee that there are many other trainings that take place within departments as well.  Ms. Mackesey said she hoped that in the future there will be mandatory training for supervisors.  A brief discussion followed concerning scheduling, outreach efforts, e.g., for Public Works employees without e-mail, and department needs and that these need to be identified for future training programs.  Ms. Kiefer said she would like to see concrete proposals for institutionalizing training during the budget season. 

 

            Mr. Whicher and Ms. DeMarco spoke about other training programs available through State organizations and will share that information with appropriate staff.  Mr. Dennis feels there needs to be an effort by the Legislature to send the message that training is a core value that it is willing to pay for and is part of the organization.

 

            Health Insurance Update

            Ms. Kominos provided a brief update on the status of the health insurance steering committee.  The steering committee continues to move forward and is reviewing current plans and looking at alternative medical health insurance plans, prescription plans, etc.  Upon completion of the review process, the steering committee will report back to this Committee.  At this time, Mr. Whicher provided an update on the discussions of the intermunicipal group as it relates to health insurance. 

 

            A brief discussion followed concerning participation by union representatives at the steering- committee meetings and Ms. Fitzpatrick stated the agreement is that preliminary discussions and the review process would take place first and some “pilots” would be developed on which to build; and union representation would then be sought. 

 

            Members of the steering committee comprise Steve Whicher, County Administrator; Anita Fitzpatrick, Personnel Commissioner; Brooke Kominos, Benefits Manager; Jackie Kippola, Contracts Coordinator; Patricia Carey, Social Services Commissioner; Michelle Benjamin, Public Library; Ruth Henniman, TC3; and Orville Boden, County’s Health Insurance representative. 

 

            Ms. Kominos said she hopes to bring something forward to the Committee in September or October.  Ms. Fitzpatrick said staff is trying to look at a concept of a pilot program in the short term to give people more options, but not take away benefits.  This approach is being done on a voluntary basis without going into negotiations, and allows agreements to institute pilots and then build on them to modify the long-term plan.

 

            Contract Negotiations and Settlement

            Ms. Fitzpatrick provided the following information concerning the contract settlements:

                        White Collar – settled through 2007

                        Blue Collar – settled through 2007

                        Corrections – settled through 2008

                        Management/Confidentials – County Administrator will be meeting with representatives

from this group to discuss 2007 salaries

                        Road Patrol – currently in interest arbitration.  No activity has occurred since February

10th.  A panel of three will render a decision.  The three panel members include one representative from the union, one from the County, and one neutral arbitrator from PERB.  Their first meeting is scheduled for July 24.  The contract for road patrol expired in 2003. 

 

            Affirmative Action and Demographic Report

            Ms. Fitzpatrick provided a brief overview of the information distributed with the agenda.  She said she is open to feedback and would welcome guidance on how the information is presented.

 

Red-Circled Positions

 

            Ms. Fitzpatrick said she was not prepared to make a recommendation as the management/confidential employees’ salaries have not been decided and she does not feel it would be appropriate to discuss the positions designated as red-circled until a decision is made for the management group.  Ms. Kiefer said it would be useful to know which positions are included, how they are evaluated, and what the background has been for granting increases.  Ms. Fitzpatrick agreed to report at the next meeting the position titles, current salary, and increases over the last five years.  She will also provide options for the Committee to review and discuss.  Mr. Proto feels the Committee should have a job description of the positions or what has changed in the job duties over the last five years.  Mrs. McBean-Clairborne also requested comparables if available.  

 

Performance Evaluations – Positions Reporting to the Legislature

 

            Mr. Dennis said he has a file of performance evaluations from past years, but would like to hear suggestions or recommendations for direction from Committee members.  Mr. Whicher commented that as one of the positions reporting to the Legislature he is looking for something that is more helpful.  He explained he has used a dialogue approach in the past with Department Heads, but is in the process of looking at other models.  In his research he has found some models that may be useful and will share the information if desired. 

 

            Mr. Proto said he would like to have a discussion at a future meeting concerning benefit packages and what is being offered currently to County employees.  He commented that he has learned that the tuition benefit is no longer being offered and would like to discuss it. 

 

Emergency Planning

 

            Ms. Martel Moore briefly updated the Committee on the development of an Emergency Plan for the County’s workforce.  One issue that was raised is if employees can work out of title and what is the time period that can happen.  Steve Estes reviewed Civil Service law and stated that employees can work for a temporary period of time up to 90 days out of title.  Ms. Martel Moore explained the plan is for internal needs of personnel.  Some of the questions raised by Department Heads that are being addressed include: 

·       Have a policy in place in case of emergency or disaster for employees reporting to work

·       Pay policy

·       Designated list of first responders and are they reporting to work for the County or military, firefighters, etc.

·       Policy on leave of absences during an emergency

·       Reporting notification procedures

·       What are the critical core services to be provided

·       Identify employees who are able to work out of title

 

Ms. Martel Moore identified the County employees working on this plan:

 

            Shawn Martel Moore

            Arel LeMaro

            Ed Marx

            Cheryl Nelson

            Alice Cole

            Carol Griep

            Anita Fitzpatrick

 

Approval of Minutes

 

            It was MOVED by Ms. Mackesey, seconded by Mr. Proto, to approve the minutes of the May 10 meeting as corrected.  A voice vote resulted as follows:  Ayes – 4; Noes – 0; Abstention – 1 (McBean-Clairborne).  MINUTES APPROVED.

 

Personnel Matter – Residency Requirements

 

            Ms. Fitzpatrick spoke briefly about an issue that was raised at the last Public Safety Committee meeting concerning residency requirements for County employees.  A request was made that the State Civil Service Department be contacted about this and copies of that response were distributed to Committee members.  The question was does the County have the right to restrict residency for county employment either by title or overall to Tompkins County residents only.  The answer is Civil Service law states the general recruitment for exams is for Tompkins and the six contiguous counties, but residency can be waived to make it not an issue.  However, Public Officers law indicates that certain designated positions must live in Tompkins County, e.g., County Attorney, County Clerk.  The County Legislature could consider adoption of a law specifying certain positions such as all dispatchers or heavy equipment operators must be Tompkins County residents or designate all County employees must be Tompkins County residents. 

 

            Mrs. McBean-Clairborne said as Chair of the Public Safety Committee this issue was raised and she requested that it be brought to the Personnel Committee for information only.  Mr. Proto requested a list of the positions that are required to live in Tompkins County. 

 

            Ms. Fitzpatrick also stated that upon request, information concerning recruitment efforts can be provided. 

 

Adjournment

 

            The meeting adjourned at 4:45 p.m.

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