Judiciary and Public Safety Committee

December 1, 2004

9:30 a.m.

DRAFT Minutes

 

Members present: Dave Wern, Chairman; Merwin Armstrong, Vice Chair; Marilyn Brown; Larry Cornell, Kurt Behrenfeld

Others present: Ann Homer, Bob Duell, Lee Price, Toni Seamans, Carl Moses, Jane Goldner, Keith Dayton, Dianna Claflin, Dave Tanner, Mike Sweeney, Trish Hansen, Dave Hartnett, Eric Mulvihill, Kevin Whitney

Absent: Tom Hartnett (notified the committee chair)

Mr. Wern called the meeting to order at 9:35 a.m.

Mr. Armstrong moved adoption of the minutes; seconded by Mr. Cornell. All members voting in favor; none opposed; minutes approved with the correction of the spelling of "elimination."

 

Resolutions:

     

1. Amend 2004 Budget/Transfer Funds, Sheriff’s Department (Personal Service Accounts) – Mr. Cornell moved adoption; seconded by Mrs. Brown. All members voting in favor; none opposed; resolution adopted.

2. Amend 2004 Budget/Transfer Funds, Sheriff’s Department/911 Center (Personal Service Accounts) – Mrs. Brown moved adoption; seconded by Mr. Cornell. All members voting in favor; none opposed; resolution adopted.

3. Authorize Agreement, Sheriff’s Department/911 Center (ATT Communications Systems Corporation) – Mrs. Brown moved adoption; seconded by Mr. Armstrong. All members voting in favor; none opposed; resolution adopted.

4. Authorize Agreement, Sheriff’s Department (Soft Code, Inc.) – Mrs. Brown moved adoption; seconded by Mr. Cornell. All members voting in favor; none opposed; resolution adopted.

5. Amend Maintenance Agreement, Sheriff’s Department/911 Center(Bio-Key – Aether Systems, Inc.) – Mr. Behrenfeld moved adoption; seconded by Mrs. Breed. All members voting in favor; none opposed; resolution adopted.

6. Renew Agreement, Sheriff’s Department (Creative Information Systems Co.) – Mrs. Breed moved adoption; seconded by Mrs. Brown. All members voting in favor; none opposed; resolution adopted.

7. Appointment of Jail Physician Pursuant to Correction Law § 501 – Mr. Cornell moved adoption; seconded by Mr. Armstrong. Mr. Schrader pointed out that after discussions with the County Auditor and upon his personal experience, what we have been doing in the past did not technically meet requirements of law. We were contracting with a physician to provide medical services in the jail. Section 501 of Law actually appoints a jail physician, who works for the Legislature, not the Sheriff. We need to specifically appoint a jail physician, even if we have a contract with a jail physician. Mr. Armstrong asked if this person is a Cortland County resident. Sheriff Price responded the individual lives in Lansing. Mr. Schrader indicated that it is not a requirement for this individual to be a County resident. All members voting in favor; none opposed; resolution adopted.

8. Authorize Agreement, Sheriff’s Department/911 Center (Dialogic Communications Corporation) – Mr. Cornell moved adoption; seconded by Mr. Armstrong. All members voting in favor; none opposed; resolution adopted.

9. Authorize Agreement, Sheriff’s Department/Jail (Oneida County – Central NY Psychiatric Center Forensic Unit Services) – Mrs. Brown moved adoption; seconded by Mrs. Breed. All members voting in favor; none opposed; resolution adopted.

10. Authorize Agreements, Alternatives to Incarceration (NYS Division of Probation and Correctional Services) – Mrs. Brown moved adoption; seconded by Mr. Cornell. All members voting in favor; none opposed; resolution adopted.

 

Discussion:

 

1. Residency requirement for Assistant DA – Mr. Hartnett explained that there have been, for a number of years, Assistant DAs and other County employees who have lived outside of the County. He would like to initiate having the State Legislature amended the Public Officers’ Law to allow Cortland County DA’s office to have Assistant DA’s who live outside the County. He is not convinced that residency is required but he believes the safest route is to have the State Legislature amend the Public Officers’ Law. He has a good candidate he would like to hire, however, that person does not reside in the County. Sheriff Price is also interested in an amendment because of the same situation with the Correction Officers. He has a Correction Officer who would like to transfer here, but he lives a couple of miles outside of the County. Mr. Hartnett knows that the State Legislature has approved at least two other resolutions for other counties in the past seven years. He does not anticipate a problem with support from the State level. As of 2001, there are 44 amendments to the Public Officers’ Law, all of them allowing various municipalities leeway in appointment status for out of county residency. In 2000, Madison County did this for an Assistant DA position; in 1998, Yates County did it for both an Assistant DA and a member of the Public Defender’s Office. Mr. Wern asked Mr. Dayton if there has been a problem with this as well. Mr. Dayton stated that his position is that beyond the Public Defender and the First Assistant Public Defender, there is no residency requirements, because the other staff members are public employees and not public officers. Mr. Hartnett professionally has the same opinion, but rather than continue to struggle with this, he would like to get the Legislation cleared up so there is no question. Mr. Schrader indicated that given the various positions and departments that are impacted by this law, a comprehensive review need to be conducted to see if there are other departments that should be included in the Home Rule request. He believes that the Personnel Committee should look at this in depth and a hiring policy should be implemented for this County. He does not believe that the State should mandate our hiring practices; however, he believes we should have a policy that local residents are given preference in hiring. He feels this needs to be forwarded to the Personnel Committee for consideration and for the development of a hiring policy for all positions in the County. Mr. Schrader indicated that there is no short-term solution to this situation. Chairman Steve asked if Mr. Hartnett has sent a letter to the local Bar Association about the vacancy? Mr. Hartnett indicates that he did not, as he understood it was posted by the Personnel Officer. Chairman Steve indicated that there is at least one application from a local resident who is interested in the position. Mr. Hartnett has not yet received that application, but he will certainly review it and give it consideration. Mrs. Breed feels the Personnel Committee can look into this and can work on developing a hiring policy. Mr. Hartnett wants to hire the most qualified person; if that individual lives in the County, that is great. However, if they live outside of the County, it doesn’t appear fair to him to not be able to hire that individual. Mr. Schrader indicated that if Mr. Hartnett can provide him case law supporting the position that the person doesn’t have to be a resident, we can look in to that further. Mr. Schrader does not want to open us up to suit by an inmate who was prosecuted by an Assistant DA who was not a County resident. Mr. Behrenfeld moved to refer this issue to the Personnel Committee; seconded by Mr. Cornell. All members voting in favor; none opposed; issue referred to Personnel Committee.

 

2. Mr. Dayton indicated that his office has exhausted the Assigned Counsel money. The attorneys are calling for payment. Mr. Schrader asked how many of the attorneys have been holding their billing and submitting them all at once.

 

3. 911 Center Staffing – Mr. Wern indicated that the Sheriff has communicated via e-mail with the members of the committee regarding this issue. Sheriff Price stated that what it really gets down to is the opinion on whether you can use full-timers or part-timers to fill the sheet. Sheriff Price has spoken with both Mr. Behrenfeld and Mr. Wern and he, Mr. Sweeney, and Mr. Tanner have written down the schedule in an effort to show why the positions are needed. Sheriff Price indicates that he understands there is a cost savings using part-timers; however, he feels the seats should be filled first with full-timers and then filled in with part-timers. Sheriff Price indicated that this is a philosophical difference. Mr. Sweeney distributed a report entitled "Cortland County 911 Center Staffing Chart Explanation". Sheriff Price indicated that there is a yearly scheduled developed each year. It is on Mr. Sweeney’s computer so that he can then schedule in vacations. Vacation requests, based on seniority, must be submitted by the end of January. Sheriff Price indicated that he has used a great deal of overtime to fill the vacancies in the shifts. He feels strongly that we need full-time, dedicated staff in those positions. This is not to degrade the part-time staff; he feels that it is more difficult to train the part-time staff than the full-time staff. Mr. Sweeney addressed the group regarding the report he distributed. He introduced Mr. Tanner, who explained the schedule development and how it was put together. Chart 1 shows the current staffing level on the midnight to eight shift. This is basically where new individuals begin their training when they commence employment with the County. A new individual will start on this shift on December 6. It shows a vacant position. Using four people assigned to the shift and a three-person minimum (three people sitting consoles every day), the OT to the right shows the overtime generated by this shift alone. There is only one shift that is covered by three people. This pattern will continue on any shift on which there is a vacancy. Mr. Schrader asked about the busiest shift and if this is the quietest shift. Mr. Tanner indicated that historically, this is the quietest shift. Chart 2 shows the same shift, without a vacancy/trainee. There will be one shift each week that will consistently need to be covered by overtime. Chart 3 shows the 8 to 4 and 4 to midnight shift. They are basically identical and they have one slot open every week. Chart 4 shows the current situation with one person taking vacation above and beyond the vacancy. Mrs. Breed asked if more than one person is being allowed to take vacation per week across all shifts. Mr. Tanner believes that there are multiple vacations across shifts being taken. Mrs. Breed feels that this is not appropriate. The Chairman asked if last January, the 911 Center knew this additional staffing requirement would be in place. Mr. Sweeney indicated that they knew it could happen, but there were no additional full-time staff to train. Sheriff Price indicated that if there is a fault for lack of training, it is his fault. When he was approached by the Chairman about whether or not they could assume the City’s dispatching, he said that he told Chairman Steve he was not certain but he would try. Sheriff Price feels the staff have been trying, but they need more full-time staff to cover. Mrs. Breed feels that vacations should have been cancelled to ensure proper coverage; in the real world, vacations are cancelled by supervisors all the time. Mrs. Breed does not accept that using part-timers will not work. She feels if the part-timers are regularly scheduled, they are just as reliable and trainable as a full-time person. It is unacceptable to state that part-timers are not as capable as full-timers. There are many people who want part-time jobs. It is not appropriate to state the part-time people are not qualified. The Sheriff said that he did not say that the part-time people are not capable. What he said is that it takes a lot more time to train a part-timer to be ready for the job. Mr. Tanner indicated that this is what will be happening in the 911 Center commencing January 1, 2005. When there is one person off on any given shift, it generates some overtime slots that are available. If you project it over twelve months, it is going to happen. Mr. Behrenfeld feels that this makes sense to him. If you have 12 full-time people who get 2 weeks of vacation per year, it generates to 24. Some people may get more than 2 weeks of vacation. Mr. Tanner indicated that there are. Right now, there are 285 shifts that will be open during the coming year with the current staffing levels, even with fully-staffed shifts, we would have 285 shifts that would be open because that is how many shifts are due between vacation, holidays, and the personal days to the current staff in the 911 center. Every time a staff member takes a day, it generates an overtime situation. Mr. Tanner explained that this does not account at all for sick time. Mr. Schrader asked why we are training on midnight to 8. Mr. Tanner responded because it is historically a slower shift, so more time can be spent with the new staff members explaining what is happening and why. This happens for about two months and then they are moved to a busier shift to see how they can handle the busier shift. Some do very well and others do not. They are then brought back to midnight for another month, to train on the other consoles, and then they are sent back to a busier shift to see how they handle the busier shift. Mr. Behrenfeld asked how many weeks a year are vacant with leave time---did he use the 5 weeks per year. Mr. Tanner indicated that he did. Mr. Tanner distributed a report entitled "Cortland County 911 Center 2005 OT Breakout" and explained how he developed the report. This report reflects 310 shifts, because it is based on 12 full-time positions with full benefit time available for usage. Chairman Steve asked if this report indicates that the requirement is 2.33 needed positions, not 3 positions. Mrs. Breed asked how many consoles there are without the TLC console. Mr. Tanner indicated that there are three consoles, sans the TLC console, however, there is another computer for entry purposes. Mr. Behrenfeld asked if the dollar amount reflected on Mr. Tanner’s report states that we can fill the vacancies at $12.05 per hour or with full-timers at $25.00 per hour. Mr. Behrenfeld asked if Mr. Schrader had built in $50,000 for additional part-timers in the 2005 budget. Mr. Schrader indicated this is correct. Mr. Behrenfeld said his final conclusion is that if you have 2.33 people, then you don’t need any part-time staff other than what is in his analysis. Mr. Tanner indicated that there are likely to be some time slots to cover sick time, which he did not build in to his analysis. Mr. Behrenfeld asked if really everyone isn’t on the same page. Mr. Tanner stated that having other full-time dispatchers available, when there is a retirement or resignation, it allows the movement from shift to shift to cover the vacancy created by the resignation or retirement. Mrs. Breed asked why part-timers could not be moved in to the slots to cover until the vacancy is filled. Mr. Tanner indicated that in the past, the availability of the part-timers has been an issue. Mrs. Breed asked if the part-timers have been regularly scheduled? Mr. Tanner indicated that Mr. Sweeney could better address that; however, they have one part-timer who works another job that has a rotating shift. Mr. Sweeney indicated that after the last grievance with the union, it was decided that if they join the union, they could be regularly scheduled for shifts and overtime shifts. Mrs. Breed indicated that that is unacceptable. Mr. Behrenfeld indicated that Dave’s analysis, if you implement the 3 people, you have additional people with additional time, which will result in a small usage of part-time. He asked Mr. Tanner if that is correct? Mr. Tanner said he believes it would be. Chairman Steve indicated that if the full timers are implemented, you will have to cover holidays as well, and you will have to continue to fund these positions, which will annually compound. The benefits for retirees are costing us almost as much as benefits for current employees. Chairman Steve stated he still feels they have 14 dispatchers. He understands that Mr. Sweeney is administrative, however, he can still work the system. And, you have the call taker, who can cover the vacant position, once the automated system is implemented. Therefore, there are 14 full-time dispatcher positions. Chairman Steve asked what you are going to do with the additional positions when everyone is at there station and no one is off. Sheriff Price indicated that training will be conducted; there are 21 hours of mandated training per year. Mr. Schrader indicated that he does not disagree with the numbers. However, utilizing overtime, it costs $121K; with three new positions, the cost would be $150K. He does not feel that using overtime is effective because it causes burn out. So how do you cover? Use part-timers on a regularly scheduled basis to cover the staff, so that a majority of the vacant shifts will be covered. You will have overtime, because you will have people call in sick, and you will have changes in shifts, vacancies, etc. Those can be used through the normal course of overtime. He does not feel that the shifts should not be covered; he feels that the shifts are not being covered in the best way. He disagrees with the Sheriff’s philosophy. If you regularly schedule part-timers, they can be as dedicated, well-trained, and knowledgeable as the full-timers. Mr. Schrader complimented the staff on the schedule they have developed; he encouraged them to use this schedule to then schedule the part-timers. He knows there will be growing pains and additional cost in the short-run, but in the long-run, we will save a great deal of money. Mr. Wern asked if adding sick time would increase the 2.33 to 2.6. Mr. Tanner indicated that sick time is so nebulous, it is hard to gauge. Mrs. Breed asked if we are going to address the person who directs traffic at the door. She does not believe that anyone in 911 should be answering questions at the door. That person could be scheduled to do dispatch regularly and not answering questions, directing traffic, or answering non-emergency phones. Mr. Schrader indicated that that is why he is asking why someone is trained on midnights, since there are two additional staff during the day shift who can be utilized to help with the training. Mr. Wern asked what would happen if they gave him 2 full-timers. Sheriff Price indicated that he will work with whatever is given to him, however, he is not happy with the budget. He indicates that he still contends he needs 3 positions. Mrs. Breed asked how overtime is being allocated and are one or two people getting a majority of the overtime. If that is happening, why is he not mandating overtime for all staff. Sheriff Price indicated that he looks at his staff as people. There may be reasons that some staff cannot take overtime because they have other obligations. If an individual asks for the overtime and feels he/she can handle it without stressing out, he allows the individual to have it. If he sees a staff member stressed, he instructs Mr. Sweeney to not schedule that individual for overtime. Mrs. Breed indicated that people in the real world have to do things they don’t want to do. She doesn’t know of any place in the real world where you can refuse to work overtime. Mr. Schrader indicated that the issue of excessive overtime which was brought up by the union is a different issue that needs to be discussed elsewhere. Mr. Behrenfeld feels that Mr. Tanner’s analysis ties in with Mr. Schrader’s and Chairman Steve’s analysis. Mr. Tanner’s report demonstrates some alternatives. The part-timers are the most cost-effective option. If quality is an issue, that can be dealt with in a different manner. Mr. Behrenfeld indicated that Sheriff Price’s option has a price tag of $100,000, which is a cost factor that the County cannot afford. We can adjust how things are done to ensure the quality, better training, better coverage, etc. Mr. Schrader indicated that if it is not working, then we need to address it in another way. We need to try the least costly option without sacrificing the health and safety. If we jeopardize service with the least costly manner, then we will revisit the plan. Mrs. Brown indicated that we have come round robin. We have said "let’s try it" all along. Now the Sheriff’s Department and the Union don’t want to use the part-timers, which is the problem. Mr. Wern indicated that we tried to address this issue last spring. They have been trying this for the last six months. I don’t know how much longer we should delay considering the Sheriff’s plan. Mrs. Brown indicated that the part-timers have not been used appropriately, so we have not tried this effectively. Mr. Behrenfeld stated that he does not feel that we should address the Sheriff’s plan until all the other options have been appropriately tried and exhausted. Sheriff Price feels that he has tried very hard to make this work and to use all the options. However, he needs regular, full-time employees who are there on a daily basis and who know what is going on. The part-timers are doing a great job for him, but training takes time. Sheriff Price indicated that his hands are tied by the Civil Service list. He has to hire part-timers off the Civil Service list if he doesn’t break it. If the firemen and police officers don’t take the test, he cannot hire them unless he breaks the list. Mrs. Breed asked if the Sheriff has talked to the fire districts and police departments about the need for part time dispatchers and the need for them to take the test. Kevin Whitney stated that the Sheriff has done that and if the firefighters don’t take the test, the Sheriff cannot do anything about it. Chairman Steve indicated that the Civil Service list can be broken by putting specific requirements on the position (e.g. one 12 hour shift per week, every week). Chairman Steve indicated that there needs to be better planning – how we utilize the part-timers – and how we plan to cover retirements. The entire system needs to be looked at. Mr. Schrader indicated that he has managed two other counties in the state; he is familiar with this system; and time after time, this system works. Chairman Steve indicated that there are individuals who will work part-time for us because they want to earn the extra money. These people will be dependable. Mr. Behrenfeld feels that the part-time program needs to be re-evaluated and reorganized. Sheriff Price indicates that he does not agree with this plan, but he will try to work with it. Mr. Cornell asked if there are three regular part-timers now and how many more part-timers will be needed? Chairman Steve indicated that there is a need for six part-timers who can be regularly scheduled. He indicated that we need to go through the five people on the list starting today. The problem won’t be solved if we don’t start. Mr. Sweeney indicated that those on the list have been contacted; they are either coming in for an interview or they have declined. Three people are coming in for an interview this week. Chairman Steve indicated that we need to develop a schedule for them to be required to work so it can be discussed when they are interviewed. Mr. Schrader indicated that the new software that was being proposed was to assist with and reduce the training time required. This new software will do much of the functions for the dispatchers. Chairman Steve indicated that on December 7, there will be 3 presentations – 10:00 a.m./3:00 pm./7:00 p.m. – on the proposed software. A notice will be sent to all police, fire, and EMS agencies in the County announcing this training. Then, there will be a two-week period for response back to the Chairman’s office on the software so a plan can then be brought to this committee. Chairman Steve indicated that by the end of 2005, with a good part-time system and new software, we should have a really good system in place. Mr. Cornell asked about implementing one new full-timer to get in to the busiest schedule and then supplement with part timers. The consensus of the majority of the committee was that we need to try effective and efficient usage of part timers first, particularly given the high cost factor. Mr. Wern asked about hiring a consultant to look at this. Again, the consensus was that it would be costly and it is not a numbers issue. The issue is how we fill the shifts. Sheriff Price indicated that it is a philosophical issue on whether to use full timers or part timers. Mr. Cornell moved that we hire one full timer; seconded by Mr. Wern. Mr. Cornell and Mr. Wern voting in favor; all others opposed; motion defeated.

3. Mr. Armstrong asked if the truck taken from the drug dealer could be painted with the County seal. The response was that it is in the process. Magnetic seals will be used. Chairman Steve asked if the truck could be kept at the Armory? Sheriff Price indicated that he would like that very much and it would make it readily available for several agencies who use it.

4. Sheriff Price commented on the drug arrest yesterday. It was a coordinated every amongst many agencies and resulted in an arrest of 21 individuals. These efforts have to be on-going to keep the drug dealers out of our community. This is brand new and not connected to last year. Chairman Steve commended Sheriff Price and his staff on the time and effort involved; they have done a great job.

5. Mr. Armstrong asked if we have any inmates boarded out. Sheriff Price indicated we have two juvenile females housed in Tioga County.

6. Mr. Armstrong asked if the Sheriff Department’s Expedition could be given to EMO in a swap for the EMO blazer. Sheriff Price indicated that it could not be done.

7. Mr. Armstrong asked about medical first staff getting dispatched to fires. Chairman Steve is looking in to this.

The meeting adjourned at 11:22 a.m.

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