Tompkins County Legislature
Regular Meeting
July 18, 2006 - 5:30 p.m.
Legislature Chambers

Called to Order

Chair Joseph called the meeting to order at 5:30 p.m.

Pledge of Allegiance to the Flag and Roll Call of Members

Members and guests participated in the Pledge of Allegiance to the Flag.

Present: 14 Legislators. Excused - 1 (Legislator Koplinka-Loehr).

Privilege of the Floor by the Public

No member of the public wished to speak.

Presentation of Distinguished Youth Award

Mr. Randall, District No. 9 Legislator, presented the July, 2006 Distinguished Youth Award to thirteen-year-old Charles Whitsell of Groton. Charles was nominated by Viola Fitzgerald of Groton Youth Services, who praised him for being an extremely civic-minded young man who volunteers with the Groton Farmers Market, Groton’s Helping Hands Program, beautification, and other programs, dedicating many positive services to his community.

Privilege of the Floor by Legislators

Ms. Herrera, District No. 5 Legislator, spoke of a meeting she had with her personal attorney for the purpose of creating a Last Will and Testament. She said she had to get things written into her Will because there are rights and responsibilities she is not allowed to have under the current law because she is not permitted to marry her partner. Today, the Federal Marriage Amendment was defeated in the House by a large margin. She said if she were in the hospital for some reason, her partner would not be allowed to visit her under the HIPPA Law unless she provides written permission that says she is permitted and that document is accepted by the Hospital and recognized by that State. Ms. Herrera said some of the rhetoric she heard in some of the floor debates was staggering in its lack of acknowledgement of the moral values this country was founded on having to do with freedom and justice. She said this is a local-and national-level issue and is thankful to those in the House, some of whom are facing terrific re-election pressures, for standing up and for fairness and freedom today.

Mr. Stevenson, District No. 8 Legislator and liaison to the History Center, reported Matt Braun, Executive Director of the History Center, is currently in Los Angeles at the 2006 Museum Leadership Institute at the Getty Center. This is a leading professional development program for decision-makers, and is an intensive and highly competitive three-week course. Mr. Braun is there with directors from museums such as the Smithsonian Institute and the Art Institute of Chicago. Mr. Stevenson said he has been impressed with the Board and leadership of the History Center and feels it is in good hands with Mr. Braun as Executive Director.

Mr. Proto, District No. 7 Legislator, reported on the American Cancer Society's Walk for Life event that took place over the past weekend in Lansing and stated it was well-attended. However, as a result of the weather, the closing ceremony will take place on July 20th at Ithaca College.

Ms. Robertson, District No. 13 Legislator, reported there was another demonstration today of the election voting machines by one of the vendors who is presenting it's machine to be certified in New York State. One more session will take place tomorrow at the Borg Warner Room at the Public Library. She said it has been interesting to see the machines and try them out, as well as listen to the comments by members of the public.

Report from the Chair

Mr. Joseph reported last weekend the County's Dragon Boat team defeated the City's team and captured the trophy dragon. Mr. Joseph thanked all of the individuals who helped sponsor the boat financially and who helped paddle. He recognized Kathy Luz Herrera, Anita Fitzpatrick, and Karen Fuller for helping in the organization of the County's team.

Mrs. McBean-Clairborne acknowledged the entire community for their participating in the Dragon Boat Race and thanked everyone for coming out to support this effort. One of the things she took away from this was there were a number of the top Dragon Boat racing teams from across the country here in Tompkins County and who were very pleased by the hospitality shown to them by Tompkins County residents.

Mr. Whicher thanked Mr. Joseph for his leadership with this event and for making it a fun experience to be a part of. He presented Mr. Joseph with a certificate thanking him for his participation in the event.

Report from the County Administrator

Mr. Whicher requested an executive session to discuss collective bargaining. He reported the Office for the Aging Director search is moving forward and he expects a final decision will be made before the end of August.

Mr. Whicher recognized Marcia Lynch, Public Information Coordinator, who began employment with Tompkins County last week.

Report from the County Attorney

Mr. Wood had no report.

Report from the Finance Director

Mr. Squires reported on the County's bond-anticipation note sale that was held last week and said the County received a rate of 3.63 percent on a bond sale of $8.6 million. He said this is an astounding rate and the rates have not been this low since March. Mr. Squires attributes this to the County's strong financial statements and reputation in the financial community. The auditors will be present at the next Budget and Capital Committee meeting to provide a report on the County's Audit; a summary of the Audit will be distributed to Legislators this week. Mr. Squires reported on sales tax for the second quarter of 2006 and stated the June distribution was down, noting it was less than June, 2005. However, the overall sales tax receipts for 2006 are still $.5 million over budget.

Mr. Proto stated that Mr. Squires should be complimented for his good work and role in Tompkins County receiving such a good bond rating.

Addition of Resolution(s) to the Agenda

There were no resolution(s) added to the agenda.

Withdrawal of Resolution(s) from the agenda

There were no resolution(s) withdrawn from the agenda.

Approval of Resolution(s) Under the Consent Agenda

It was MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, to approve the following resolution(s) under the Consent Agenda:

RESOLUTION NO. 120 – CREATION OF A PETTY CASH ACCOUNT – JAIL

MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice vote by members present under the Consent Agenda.

WHEREAS, the Tompkins County Jail is required to transport inmates to other county correctional facilities whenever the Tompkins County Jail is at maximum limit authorized for inmate housing, and

WHEREAS, the transport of inmates frequently involves out-of-pocket expenses for the custody and care of transporting inmates such as meals and auto expenses, and

WHEREAS, reimbursement for such expenses can be accommodated most efficiently through a designated Petty Cash Account, now therefore be it

RESOLVED, on recommendation of the Public Safety and the Budget and Capital Committees, That the Tompkins County Legislature approves and does hereby create a five-hundred dollar ($500.00) petty cash for Account Number A12103150.

SEQR ACTION: TYPE II-20

____________________

Approval of Appointment(s) Under the Consent Agenda

It was MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, to approve the following appointment(s) under the Consent Agenda:

Criminal Justice Advisory/Alternatives-to-Incarceration Board - terms expire December 31, 2008

Julia P. Hughes - Assigned Counsel Program representative

Gino Bush - Ex-offender representative

Report and Presentation of Resolution(s) from the Budget and Capital Committee

Ms. Mackesey, Vice Chair, reported the Committee met last week and among other items, discussed the proposed scheduled for the Expanded Budget Committee meetings. She asked that Legislators review Draft No. 3 and provide input as soon as possible.

RESOLUTION NO. 121 – AUTHORIZING A PUBLIC HEARING ON PROPOSED LOCAL LAW NO. a - A LOCAL LAW AUTHORIZING A TAX ON REAL ESTATE TRANSFERS

MOVED by Ms. Mackesey, seconded by Mr. Booth.

Mr. Joseph provided a history on the County's Transfer Tax. He stated two years ago this Legislature discussed a Mortgage Recording Tax. At that time, an argument in support of the proposal was put forth that the Mortgage Recording Tax was an alternative to the property tax. An argument against the Mortgage Recording Tax was that it is still a tax on property and it was felt by some Legislators that this particular tax makes it more difficult for a first-time homebuyer to make the first step in purchasing a home.

The following year a proposal came back before this Legislature to adopt a Real Estate Transfer Tax. The main difference between the two taxes is that the Transfer Tax is paid by the seller and the Mortgage Recording Tax is paid by the buyer. That meant that the person who had to pay the Transfer tax was someone who was getting money versus someone who is paying money out. He said that argument was enough to gain enough votes to approve a Transfer Tax and that resulted in inclusion of revenue from a Real Estate Transfer Tax in the 2006 budget.

A resolution was adopted that asked for permission from the State for Tompkins County to have the authority to adopt this tax. At the present time the State Legislature has granted Tompkins County's request; however, the Legislation has not yet been signed by the Governor. Once the Governor signs the bill Tompkins County will need to adopt a local law implementing it. This is where the process stands at the present time. Although this resolution only sets a public hearing, Mr. Joseph feels this is the appropriate time to decide whether or not to move forward with this. He encouraged any Legislator who opposes the Transfer Tax not to support the calling of a public hearing.

Ms. Herrera said although the Transfer Tax will generate additional revenue, she does not support the creation of any additional tax.

Mr. Sigler said although he does not support the Real Estate Transfer Tax, he supports holding a public hearing for the purpose of hearing what the public has to say about an important issue. He said he hopes many people, including real estate agents, will attend the public hearing and speak about this topic.

Mr. Proto said regardless of at what point an individual decides to sell their home, he does not support adding a new tax. He said when someone sells a home, this tax could end up being buried in the sale price of the home; therefore, the buyer may end up paying a portion or all of this tax. Mr. Proto said he would like the County to give more careful examination of County expenses and to live within its financial parameters.

Ms. Robertson said she supports a Real Estate Transfer Tax because in a sense it is a one-time tax, compared to an additional ongoing burden placed on the property tax. She said that adoption of this tax does not mean that this Legislature will not be giving serious consideration to cost-cutting in areas of the County's budget. She said the Transfer Tax is expected to generate approximately $600,000 in annual income, which is the equivalent of two percent on the property tax levy.

Mr. Whicher noted this income was included in the 2007 budget revenue.

Mr. Booth urged his colleagues to support the Transfer Tax. He said the real property tax rate is under tremendous pressure and the County does not have many taxation alternatives to raise revenues. He agrees that this Legislature has to work hard in controlling County spending.

Mr. Randall said he cannot support imposing an additional burden on taxpayers as he works in the housing trades and also serves as a member of the First-time Homebuyer Program.

Ms. Mackesey said she supports holding a public hearing because she has not made up her mind on this issue and would like to listen to public input.

A voice vote resulted as follows: Ayes - 8 (Legislators Booth, Dennis, Joseph, Kiefer, Mackesey, McBean-Clairborne, Robertson, and Shinagawa); Noes - 6 (Legislators Hattery, Herrera, Proto, Randall, Sigler, and Stevenson); Excused - 1 (Legislator Koplinka-Loehr). RESOLUTION ADOPTED.

WHEREAS, the Tompkins County Legislature requested that the State Legislature adopt legislation authorizing the Tompkins County Legislature to adopt a local law imposing a tax on real estate transfers, now therefore be it

RESOLVED, on recommendation of the Budget and Capital Committee, That a public hearing be held on August 1, 2006, at 5:30 o'clock in the evening thereof in the Legislature’s Chambers of the Tompkins County Courthouse, 320 North Tioga Street, Ithaca, New York concerning proposed Local Law No. a - A Local Law Authorizing a Tax on Real Estate Transfers. At such time and place all persons interested in the subject matter will be heard concerning the same,

RESOLVED, further, That the Clerk of the Legislature be and hereby is directed to place such notice of public hearing in the official newspaper of Tompkins County.

SEQR ACTION: TYPE II-20

* * * * * * * * * *

Report and Presentation of Resolution(s) from the Public Safety Committee

Mrs. McBean-Clairborne, Chair, reported the Committee met on July 6 and received an update from the Department of Emergency Response on efficiency systems that are taking place in the Department. Mr. Shurtleff talked about a new initiative in the Department which involves emergency medical dispatch that is geared at providing information to callers in the event of a medical emergency until help arrives. The Committee will receive a presentation on this at a future meeting. The Committee heard a report from the Sheriff on inmate phone charges at the Jail. Julia Hughes, Program Coordinator of the Assigned Counsel Program, and Bill Furniss, a local attorney, spoke of the ability inmates have to speak with many attorneys and agencies at no charge. They said this is a very useful to all of those involved and hopes it will continue. It was also noted that there are few if any other jails that allow this to happen. The Sheriff was asked to provide more detailed information on the phone charges and has done so since the meeting.

The Committee also discussed the former Civilian Review Board that oversaw complaints received in regard to the Sheriff's Office. This item was postponed to a future meeting so that Legislator Kiefer could be in attendance.

The Committee discussed a request by former Legislator Michael Lane on the joint jail study that was conducted a few years ago by this Legislature. Mr. Joseph provided members with an overview and conclusions of that study and following a discussion the Committee did not wish to pursue looking at this again.

Ms. Hughes, Assigned Counsel Program Coordinator, informed the Committee that she is looking for new space as the Department has outgrown its current space and has also experienced some security issues in its current location.

RESOLUTION NO. 122 – APPROPRIATION FROM CONTINGENT FUND FOR TERMINAL PAY – DISTRICT ATTORNEY

MOVED by Mrs. McBean-Clairborne, seconded by Mr. Hattery. A short roll call vote resulted as follows: Ayes - 14, Noes - 0, Excused - 1 (Legislator Koplinka-Loehr). RESOLUTION ADOPTED.

WHEREAS, the District Attorney had two employees terminate employment: one Assistant District Attorney, effective June 15, 2006, and one Secretary, effective March 3, 2006, and

WHEREAS, the Fiscal Policy of Tompkins County allows for terminal-pay replacement from the Contingent Fund, now therefore be it

RESOLVED, on recommendation of the Public Safety and the Budget and Capital Committees, That the Director of Finance is hereby authorized and directed to make the following budget appropriations:

FROM: A1990.54440 Contingent Fund $4,149.29

TO: 1165.51000228 Salary, Assistant District Attorney $2,139.77

1165.51000330 Salary, Secretary $ 845.33

1165.58800 Fringes $1,164.19

TOTAL $4,149.29

SEQR ACTION: TYPE II-20

___________________

RESOLUTION NO. 123 – APPROPRIATION FROM CONTINGENT FUND – CORRECTIONS CONTRACT SETTLEMENT

MOVED by Mrs. McBean-Clairborne, seconded by Mr. Hattery. A short roll call vote resulted as follows: Ayes - 14, Noes - 0, Excused - 1 (Legislator Koplinka-Loehr). RESOLUTION ADOPTED.

WHEREAS, Resolution No. 89 of 2006 authorized ratification of a three-year agreement with Correction Officers Local 2062 , and

WHEREAS, the 2006 Budget did not allocate funds within the Jail Budget for salary adjustments, now therefore be it

RESOLVED, on recommendation of the Public Safety and the Budget and Capital Committees, That the Director of Finance is hereby authorized and directed to make the following budget appropriation:

FROM: A1990.54440 Contingent Fund $200,855

TO: A3150.51000406 Correctional Officer $124,200

A3150.51000411 Corrections Sgt $ 14,400

A3150.51000421 Head Cook $ 3,600

A3150.51000403 Cook $ 2,300

A3150.58800 Fringes $ 56,355

SEQR ACTION: TYPE II-20

___________________

Report from the Workforce Diversity and Inclusion Committee

Mrs. McBean-Clairborne, Chair, reported the Committee has not met since the last Legislature meeting. At the next meeting on July 26 the Committee will discuss its marketing plan for its diversity effort. She reported Tompkins County is unveiling its Diversity Plan and will be inviting the public to attend an event and to be informed that Tompkins County is serious about this and wants the public involved. Mrs. McBean-Clairborne said the Committee will also be working on the bylaws for a permanent Workforce Diversity and Inclusion Advisory Committee. This Committee will replace the Community Affirmative Action Committee that has been inactive for several years.

Report and Presentation of Resolution(s) from the Health and Human Services Committee

Mr. Proto, Chairman, said the Committee has met twice since the last Legislature meeting. He alerted Committee members that the Board of Health heard a presentation from John Andersson, Director of Environmental Health, on a water-well monitoring program that is similar to the one the County has on septic systems. This is a new program that is intended to generate its own income. Mr. Proto said this will be coming before the Health and Human Services Committee at a future meeting. Mr. Proto said he continues to work on scheduling a meeting with regard to the Human Services Coalition's request to invite several agencies in to speak to the Committee. The next meeting will be August 2nd.

RESOLUTION NO. 124 – ABOLISHING VARIOUS HEALTH DEPARTMENT POSITIONS

MOVED by Mr. Proto, seconded by Ms. Mackesey. The version approved by the Health and Human Services Committee included one position of Dental Hygienst; however, subsequent to that meeting some Legislators felt that position should not be part of this resolution as it was felt that is an important position and it is hoped that there will be funds to support that position in the future. There was also no objection from the Department to that position being removed from the list. A voice vote resulted as follows: Ayes - 14, Noes - 0, Excused - 1 (Legislator Koplinka-Loehr). RESOLUTION ADOPTED.

WHEREAS, the Tompkins County Health Department has identified several vacant positions for which there is no longer a need, and

WHEREAS, deletion of these extraneous positions will make record keeping easier and more accurate, now therefore be it

RESOLVED, on recommendation of the Health and Human Services and the Budget and Capital Committees, That the following positions in the Tompkins County Health Department are hereby abolished effective immediately:

Administrative Assistant (12-535) 17.5 hours per week, Position Identification Number 477, created by Resolution No. 123 of 2002,

Case Manager – PHCP (12-686) 35 hours per week, Position Identification Number 494, created by Resolution No. 109 of 1991,

Clerk (4-503) 17.5 hours per week, Position Identification Number 529, created by Resolution No. 88 of 2001,

Community Health Nurse (15-580) 35 hours per week, Position Identification Number 1170, created by Resolution No. 384 of 1988,

Community Health Nurse (15-580) 35 hours per week, Position Identification Number 1191, created by Resolution No. 39 of 1994,

Community Health Nurse (15-580) 17.5 hours per week, Position Identification Number 531, created by Resolution No. 247 of 1996,

Community Health Nurse (15-580) 21 hours per week, Position Identification Number 463, created by Resolution No. 180 of 1986,

County Clinical Nurse Trainee (14-706) 35 hours per week, Position Identification Number 1171, created by Resolution No. 243 of 1992,

Data Entry Machine Operator (6-509) 35 hours per week, Position Identification Number 1172, created by Resolution No. 200 of 1987,

Health Aide (8-654) 11.7 hours per week, Position Identification Number 1173, created by Resolution No. 406 of 1991,

Keyboard Specialist (5-507) 21 hours per week, Position Identification Number 1174, created by Resolution No. 201 of 1994,

Marketing/Media Specialist (11-651) 35 hours per week, Position Identification Number 1175, created by Resolution No. 171 of 1988,

Medical Social Worker (13-628) 17.5 hours per week, Position Identification Number 1180, created by Resolution No. 290 of 1999,

Nutrition Aide (8-524) 35 hours per week, Position Identification Number 465, created by Resolution No. 310 of 1994,

Nutrition Aide (8-524) 35 hours per week, Position Identification Number 508, created by Resolution No. 80 of 1981,

Public Health Technician (11-554) 35 hours per week, Position Identification Number 534, created by Resolution No. 209 of 1986,

Public Health Technician (11-554) 35 hours per week, Position Identification Number 512, created by Resolution No. 209 of 1986,

Senior Account Clerk Typist (9-529) 17.5 hours per week, Position Identification Number 1188, created by Resolution No. 204 of 1993,

Senior Clerk (7-518) 10.2 hours per week, Position Identification Number 1189, created by Resolution No. 268 of 2000,

Senior Clerk (7-518) 35 hours per week, Position Identification Number 533, created by Resolution No. 100 of 1980,

Senior Clerk (7-518) 35 hours per week, Position Identification Number 476, created by Resolution No. 232 of 1990,

Tuberculosis Physician (87-265) 35 hours per week, Position Identification Number 532, created by Resolution No. 382 of 1988.

SEQR ACTION: TYPE II-20

___________________

RESOLUTION NO. 125 – APPROPRIATION FROM CONTINGENT FUND – TERMINAL PAY – HEALTH DEPARTMENT

MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne. A short roll call vote resulted as follows: Ayes - 14, Noes - 0, Excused - 1 (Legislator Koplinka-Loehr). RESOLUTION ADOPTED.

WHEREAS, the Health Department had a Public Health Sanitarian retire effective May 19, 2006, and

WHEREAS, the Fiscal Policy of Tompkins County allows for terminal-pay replacement from the Contingent Fund, now therefore be it

RESOLVED, on recommendation of the Health and Human Services and Budget and Capital Committees, That the Director of Finance is hereby authorized and directed to make the following budget appropriation:

FROM: A1990.54440 Contingent Fund $ 7,905

TO: A4090.51000595 Public Health Sanitarian $ 5,687

A4090.58800 Fringes $ 2,218

SEQR ACTION: TYPE II-20

____________________

Report from the Facilities and Infrastructure Committee

Mr. Randall, Chair, reported the Committee has not met since the last Legislature meeting. He announced there will be a demonstration on August 10th at Bakers Acres concerning agriculture plastic film baling and urged everyone to attend and learn more about this. The next meeting will be July 25th at 3 p.m.

Ms. Robertson expressed her appreciation to John Lampman and William Sczesny of the Highway Division for their presentation on the Ellis Hollow Road Reconstruction project and for answering many questions from the public.

Report from the Planning, Development, and Environmental Quality Committee

Ms. Robertson, Chair, reported the Committee has not met since the last Legislature meeting.

Report and Presentation of Resolution(s) from the Personnel Committee

Mr. Dennis, Chair, reported at the last meeting the Committee discussed the Emergency Pool. This subject will be brought back to the Committee in October along with a plan and recommendation. The next meeting will be August 9th.

RESOLUTION NO. 126 - ~~AMENDMENT OF TOMPKINS COUNTY DIVERSITY STATEMENT~~

~~And policy~~ APPROVAL OF TOMPKINS COUNTY DIVERSITY POLICY GUIDELINES

MOVED by Mrs. McBean-Clairborne, seconded by Mr. Dennis. Mr. Proto said he cannot support this resolution because he thinks the current Affirmative Action Plan that is on file can be changed and adapted without creating an additional layer of government. He said he stands by his support for the Human Rights Commission and the work Legislator McBean-Clairborne and the Workforce Diversity and Inclusion Committee has done.

Mr. Hattery said he has concerns with the areas of the guidelines in which responsibilities for the County Administrator were added.

A voice vote by members present resulted as follows: Ayes - 12, Noes - 2 (Legislators Hattery and Proto); Excused - 1 (Legislator Koplinka-Loehr). RESOLUTION ADOPTED.

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 read~~shall 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. Tompkins County government shall 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. Tompkins County government acknowledges and accepts 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.

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

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 21^st 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, shall~~to 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

_________________

Report from the Government Operations Committee

Ms. Herrera, Chair, reported the Committee will meet tomorrow at 3 p.m.

Announcement

Mr. Proto reminded Legislators that a presentation will take place tomorrow at noon at the Transit Facility on the TCAT (Tompkins Consolidated Area Transit) budget.

Approval of Minutes

It was MOVED by Mr. Booth, seconded by Ms. Mackesey, and unanimously adopted by voice vote by members present, to approve the minutes of the June 20 and July 5, 2006 meetings with the corrections submitted. MINUTES APPROVED.

Recess

Chair Joseph declared recess from 6:35 p.m. to 6:45 p.m.

Executive Session

It was MOVED by Mr. Dennis, seconded by Ms. Robertson, and unanimously adopted by voice vote by members present, to enter into executive session at 6:45 p.m. to discuss collective bargaining.

It was MOVED by Ms. Herrera, seconded by Mr. Shinagawa, and unanimously adopted by voice vote by members present, to add to the agenda the resolution entitled Acceptance of Fact Finding Report from the Public Employment Relations Board, Sheriff’s Employee Union.

Ms. Kiefer was excused at 6:55 p.m.

The following actions were taken in executive session:

RESOLUTION NO. 127 - ACCEPTANCE OF FACT-FINDING REPORT FROM THE PUBLIC

EMPLOYMENT RELATIONS BOARD, SHERIFF’S EMPLOYEE UNION

MOVED by Ms. Herrera, seconded by Mr. Dennis. It was MOVED by Mr. Sigler, seconded by Mr. Booth, to amend the resolution and reject the Fact Finder recommendation of inclusion of Resolution No. 180 of 1963 in the collective bargaining agreement. A voice vote resulted as follows on the amendment: Ayes – 7 (Legislators Booth, Hattery, McBean-Clairborne, Proto, Randall, Robertson, and Sigler); Noes – 6 (Legislators Dennis, Herrera, Mackesey, Stevenson, Shinagawa, and Joseph); Excused – 2 (Legislators Kiefer and Koplinka-Loehr). MOTION FAILED.

A voice vote on the original resolution resulted as follows: Ayes – 6 (Legislators Dennis, Herrera, Mackesey, Shinagawa, Stevenson, and Joseph); Noes – 7 (Legislators Booth, Hattery, McBean-Clairborne, Proto, Randall, Robertson, and Sigler); Excused – 2 (Legislators Kiefer and Koplinka-Loehr). RESOLUTION LOST.

WHEREAS, members of the Employees Union of the Tompkins County Sheriff’s Department have been working without a contract since March 1, 2004, and

WHEREAS, negotiations between the County and the Union for a successor collective bargaining agreement began on or about February 10, 2004, followed by additional bargaining sessions and a joint Fact Finding and Interest Arbitration hearing on February 10, 2006 (PERB Case No. M2004-335), and

WHEREAS, following the February 10, 2006 joint Fact Finding and Interest Arbitration hearing, the State of New York Public Employment Relations Board, represented by Dennis J. Campagna, has submitted its Fact Finding Report and Recommendation to the County and the Union, and

WHEREAS, a standard successor collective bargaining agreement with the Employees Union of the Tompkins County Sheriff’s Department would cover the period of March 1, 2004 to February 28, 2006; and it is in the best interest of the County to negotiate a collective bargaining agreement that coincides with the termination of other employee agreements on December 31, 2007, now therefore be it

RESOLVED, That the Tompkins County Legislature hereby accepts the Fact Finding Report and

Recommendation by the State of New York Public Employment Relations Board (PERB Case No. M2004-335), contingent on the following changes:

1. Civil Division/Clerical Titles: (pg. 7)

Modify Chart as follows:

2. Longevity (pg. 8) – Chart and increments as set forth except-

3. Personal Days (pg. 14) – 5 days per year accumulating to a maximum of 10 days.

Use and current procedure for use as is plus personal leave accrual may be used to pay for health insurance in retirement.

4. VEBA (pg. 15) – Correction of Fact Finder recommendation (employee contributions to fund).

5. Prescription Drug Program (pg. 9) – Correction of Fact Finder recommendation ($5/$15/$25).

SEQR ACTION: TYPE II-20

______________

It was MOVED by Mr. Sigler, seconded by Ms. Robertson, to approve the following resolution. A voice vote resulted as follows: Ayes – 4 (Legislators McBean-Clairborne, Robertson, Sigler, and Joseph); Noes – 9 (Legislators Booth, Dennis, Herrera, Hattery, Mackesey, Proto, Randall, Shinagawa, and Stevenson); Excused – 2 (Legislators Kiefer and Koplinka-Loehr). MOTION FAILED.

RESOLUTION NO. - ACCEPTANCE OF FACT FINDING REPORT FROM THE PUBLIC

EMPLOYMENT RELATIONS BOARD, SHERIFF’S EMPLOYEE UNION

WHEREAS, members of the Employees Union of the Tompkins County Sheriff’s Department have been working without a contract since March 1, 2004, and

RESOLVED, That the Tompkins County Legislature hereby accepts the Fact Finding Report and Recommendation by the State of New York Public Employment Relations Board (PERB Case No. M2004-335), contingent on the following changes:

Civil Division/Clerical Titles: (pg. 7)

Modify Chart as follows:

Longevity (pg. 8) – Chart and increments as set forth except-

Personal Days (pg. 14) – 5 days per year accumulating to a maximum of 10 days.

Use and current procedure for use as is plus personal leave accrual may be used to pay for health insurance in retirement.

4. VEBA (pg. 15) – Correction of Fact Finder recommendation (employee contributions to fund).

5. Prescription Drug Program (pg. 9) – Correction of Fact Finder recommendation ($5/$15/$25).

6. Reject the Fact Finder recommendation of the inclusion of Resolution No. 180 of 1963 in the collective bargaining agreement.

SEQR ACTION: TYPE II-20

______________

It was MOVED by Mrs. McBean-Clairborne, seconded by Ms. Mackesey, and unanimously adopted by voice vote by members present, to reconsider Resolution No. 127. A voice vote resulted as follows on the resolution: Ayes – 7 (Legislators Dennis, Herrera, Mackesey, McBean-Clairborne, Shinagawa, Stevenson, and Joseph). Noes – 6 (Legislators Booth, Hattery, Proto, Randall, Robertson, and Sigler). Excused – 2 (Legislators Kiefer and Koplinka-Loehr). RESOLUTION FAILED.

Mr. Stevenson was excused at 8:48 p.m.

Adjournment

On motion and duly seconded, the meeting adjourned on a day-to-day basis at 9:12 p.m. A voice vote resulted as follows on adjourning the meeting: Ayes – 9 (Legislators Booth, Hattery, Herrera, Mackesey, McBean-Clairborne, Proto, Robertson, Stevenson, and Joseph); Noes – 4 (Legislators Dennis, Randall, Shinagawa, and Sigler); Excused – 2 (Legislators Kiefer and Koplinka-Loehr). MOTION CARRIED.

Respectfully submitted by Michelle Pottorff, TC Legislature Office

Tompkins County Legislature Homepage

Tompkins County Homepage
E-mail Comments about this page