Personnel Committee
December 7, 2006 - 9:30 am
DRAFT MINUTES
Members: Larry Cornell, Chairman; Mike, McKee, Vice Chairman; Don Spaulding, John Troy and Tom Williams
Others Present: Marilyn Brown, Chairman of the Legislature; Katrina Spicer, Secretary to County Administration; Richard C. Van Donsel, County Attorney; Annette Barber, Personnel Officer; Dennis Whitt, County Auditor; Jeremy Boylan, County Historian; Dave Hartnett, District Attorney; Bob Howe, Board of Elections; Bill Wood, Board of Elections; Eric Mulvihill, WXHC; and Corey Preston, Cortland Standard
Absent: Steve Dafoe and Sandy Price (excused)
Mr. Cornell called the meeting to order at 9:31 a.m.
Mr. Troy made the motion to
approve the minutes of the October 12, 2006 meeting; seconded by Mr.
Spaulding. All members voting in favor, minutes approved as printed.
Mr.
Cornell announced that Dave Hartnett was present and would like to discuss a
salary issue in the District Attorney’s Office.
Mr. Cornell turned the meeting over to Mr. Hartnett.
Mr. Hartnett explained that on November 17, 2006, Assistant District
Attorney Pemberton resigned and he would like to fill the position as soon as
possible. He explained further
that he notified the Bar Association of the vacancy and that he has advertised
the position and notified other District Attorney’s Offices.
He went on further to explain that as a result of his efforts he
received six applications; there were only three viable applicants of those
six that applied; of those three, two have no experience in Criminal Law and
prosecution of cases. Mr. Hartnett discussed his point of view of actual experience
in Criminal Law and prosecution. He
added that either one of these two applicants would need training, he went on
to discuss the learning curve involved in the training process.
He explained the likelihood and possibility of errors involved in the
training process. Mr. Hartnett
explained that the third of three viable applicants has twenty years
experience, over eighteen of those twenty are as a prosecutor in two other New
York counties. He added that she
is currently employed as a Department of Social Services Attorney.
He added that she is his choice to fill this position.
He discussed that with her experience she comes with a price.
Mr. Hartnett explained that he feels her experience is worth the extra
money. He went on to explain that
she is currently making $63,000 and the current position is posted for $52,700
to $64,000. Chairman Brown
inquired about why she is no longer with a District Attorney’s Office.
Mr. Hartnett assured the Committee that it is due to budgetary
restrictions and not due to her performance.
Chairman Brown inquired about her residency.
Mr. Hartnett explained that she meets the residency requirements. Mr. Spaulding inquired about the salary at the time of the
posting and went on to discuss salary to attract professionals and viable
applicants. Ms. Barber explained
that the posting was for $52,700 to $64,312.
Committee members further discussed the posting of the salary for this
position. Mr. Spaulding agreed
that an Assistant District Attorney is needed at a “going salary”.
Mr. McKee inquired about what the salary was for the Assistant District
Attorney that resigned. Mr. Hartnett explained that her 2006 salary was $54,820 and
if she had not resigned the Budget & Finance Committee approved the 2007
salary at $56,475. Mr. McKee
inquired as to how much the applicant will be asking for. Mr. Hartnett explained that he suggested the County be
willing to offer her up to $63,000. He
added that she is a career prosecutor and is worth $63,000. He further discussed that as a Cortland County taxpayer he
would like to see our County professionals in line with other New York
professionals. He again stated
that he feels she is worth $63,000. Mr.
Troy asked what the normal procedure is in these circumstances.
Ms. Barber explained that a new employee would start at the base salary
in the appropriate grade of the Management Comp Plan unless the Committee
approves a change to that procedure. She
added that with all due respect to the District Attorney, she has never had an
employee start at Step 3 of which the starting salary for this position would
be $58,723. She further discussed that if he were to offer her $63,000
this would be in Step 5 of the plan. Mr.
Spaulding discussed offering her $60,000 if Mr. Hartnett felt she was
qualified. Mr. Hartnett explained
that he would offer that to her if the Committee approved such an offer.
Ms. Barber stated that an employee must be on a step in the Management
Comp Plan. Mr. Hartnett explained
that the Assistant District Attorney that left had six years experience and
would be making $56, 475 in 2007 if she had stayed.
He went to explain that this applicant has eighteen and one-half years
experience and that is worth more than what we can currently offer her.
He further explained that she is currently employed in a neighboring
county and has had experience with local law enforcement, Cortland County
Sheriff’s Department and Cortland County Judges. Mr. Hartnett implored the Committee to allow him to offer her
a figure that she is worth. Mr.
McKee addressed his concern regarding the other current Assistant District
Attorney’s and how they would feel about this.
Mr. Hartnett explained that he does not believe that there will be any
problems. He stated that he had
spoken with one of them and she would be fine with it because this candidate
would come to his office with experience and the other Assistant District
Attorney’s would benefit from that experience.
He stated that he would discuss it with them if a problem arose.
Ms. Barber explained that she is hesitant to offer step 6 and
recommended that the highest the Committee offer be step 3.
Mr. Williams inquired about recognizing this candidates experience from
another county in the Cortland County Management Comp Plan.
The Committee discussed that the experience is not recognized from
another county and further discussed abiding by the step program. Mr. Spaulding
made a motion to offer this candidate employment starting at no higher than
step 4 in the Management Comp Plan, starting salary of $61,072 annually;
seconded by Mr. Troy. Mr. McKee,
Mr. Spaulding, Mr. Troy and Mr. Williams voted in favor; Mr. Cornell was
opposed and Chairman Brown stated that she also was opposed; motion carried.
Mr. Spaulding stated that he hopes that Mr. Hartnett negotiates this
offer and does not offer the Step 4 at the beginning of the negotiation.
RESOLUTIONS:
1.
Appoint Members of Cortland County Bicentennial Committee – Mr. Troy
moved adoption; seconded by Mr. Spaulding.
Mr. Troy asked if there was money in the budget for this.
Chairman Brown explained that there was in the County Historian’s
budget. Mr. Williams suggested
that Dan Hayes, Director for the Center for the Arts, and Lloyd Perdy,
Downtown Partnership, be contacted regarding this Committee.
He stated that he has not spoken with them yet but believe they would
be an asset to the Committee. Mr.
Toy asked if this allows for additional appointment to this Committee. Chairman Brown stated that it does. Mr. Williams asked if the Committee could report back
periodically to the Personnel Committee.
All members present
voting in favor; none opposed; resolution approved.
2. Amend Management/Management Confidential Comp Policy Grade and Step Schedule for 2007 – Pulled from Legislative Session on November 30, 2006 – Mr. Spaulding moved adoption; seconded by Mr. Troy. Mr. Troy inquired if this was the same resolution as the one from the previous month that was pulled on November 30. 2006 from the Legislative Session. Chairman Brown explained that this is the same resolution but added that there is another resolution for consideration, which removes the Election Commissioners from the Management Comp Plan. Mr. Whitt distributed a resolution entitled Amend The Management/Management Confidential Comp Policy Grade and Step Schedule. Chairman Brown briefly explained that this resolution removes the Election Commissioners from the grade and step schedule. Mr. Whitt expanded that this is based on a letter received from the Republican Election Commission regarding the salary of the two Election Commissioners be unequal and a request of equalization of the salaries. Mr. Whitt further explained that all Legislators received a copy of the letter and applicable laws. Mr. Whitt explained that the claim made by the Election Commissioner was valid and added that it was the intent of the County to provide additional salary based on years of service and for that reason these two positions were placed in the Management Comp Plan. He further discussed that the two positions of Election Commissioner have been received unequal pay for years; their annual salary has been different for years. Mr. Whitt further explained that he has reviewed the salary records from the Personnel Office. He added that now that this has been brought to the attention of the Legislature, the Legislature has the ability to pull the two positions from the Management Comp Plan. Mr. Whitt expanded and discussed the Republican Election Commissioner receiving several thousand dollars more than the Democratic Election Commissioner. Mr. Van Donsel expressed that he felt that Mr. Whitt was not accurate. Mr. Whitt discussed options available to the Personnel Committee to resolve this dispute and made members aware that this type of dispute could end up in court if some type of corrective action is not taken. Chairman Brown expressed that a resolution cannot supercede a local law. She further discussed that the last local law regarding these positions set the salary at $23,214 for a part-time Election Commissioner. She further explained that in 2005 they were placed in a grade and step of the Management Comp Plan. Committee members discussed the salary and step/grade of the Management Comp Plan and longevity pay. Chairman Brown expressed that something needs to be done regarding theses positions and the Committee can begin by removing them from the Management comp Plan. Mr. Williams request a legal opinion from the County Attorney. Mr. Van Donsel expressed that the law states that the pay must be equal between the two Election Commissioners. He added that the Cortland County longevity pay is still pay. Mr. Van Donsel expressed that being in Management Comp Plan has caused a problem and discussed the Local Law. Chairman Brown inquired if the two positions have been paid equally in the past. Mr. Van Donsel expressed that they the departmental budget that was submitted with the request for nearly equal pay. Mr. Whitt discussed the salary in the Management Comp Plan being based on longevity and added that $1 differences in these two positions still makes the County out of compliance. Mr. Van Donsel discussed that $1 less or more makes the salary not equal. Mr. Whitt further discussed that the two positions historically have not been paid equally and discussed the increment plan of time and grade. Mr. Van Donsel expressed that case law is clear; the two positions need to be paid equally. Mr. Cornell asked Committee members if they wanted to remove the Election Commissioners from the Management Comp Plan. Mr. Williams asked for Ms. Barbers input. Ms. Barber explained that upon review of the payroll records the two positions have been paid different amounts due to longevity. Committee members discussed their options regarding the correction of this problem.
Amend The Management/Management Confidential Comp Policy Grade and Step Schedule – Mr. Troy moved adoption; seconded by Mr. Spaulding. Mr. Williams discussed that this resolution removes the two Election Commissioner from the Management Comp Plan. Committee members discussed the resolution. Mr. Williams asked if this also removes them from the County Health Insurance Plan. Mr. Van Donsel expressed that the point of this is to resolve everything. Mr. Williams further discussed that if one Election Commissioner has Health Insurance and the other one does not then the County is compensating one more than the other one by paying the County’s Portion of the Health Insurance. Committee members discussed the phrase “without additional fees, percentages, emoluments, longevity or other compensation,” which was in the third “RESOLVED” of the resolution. Mr. Troy made a motion to amend the resolution and to strike the phrase “without additional fees, percentages, emoluments, longevity or other compensation,” which was in the third “RESOLVED;” seconded by Mr. Spaulding. All members voting in favor; none opposed; motion carried to amend the resolution. Mr. Van Donsel asked if the County was seeking any compensation regarding the past several years and unequal pay for Election Commissioners. Chairman Brown stated that the County is not seeking to pay any retroactive pay or to be paid back from any past Election Commissioners. All members present voting in favor; none opposed; resolution (Amend The Management/Management Confidential Comp Policy Grade and Step Schedule) approved.
The Committee discussed the original resolution that was pulled from the Legislative Session on November 30, 2006. All members present voting in favor; none opposed; resolution (Amend Management/Management Confidential Comp Policy Grade and Step Schedule for 2007) approved.
Mr. Cornell recessed the Personnel Committee meeting at 10:25 a.m. for a brief break.
Mr. Cornell called the meeting to order at 10:35 a.m. after a short recess.
A Local Law setting the salary of the Election
Commissioners for Cortland County in Compliance with Election Law 3-208
– Mr. Troy moved adoption; seconded by Mr. Spaulding.
Mr. Williams inquired about the workload involved in amending the
salary of an employee and since it is December is there an adequate amount of
time to have this completed before the end of the year. Ms. Barber expressed that it is a simple computer change and
not a great deal of paperwork involved. Mr.
Whitt discussed the term of office and changing the salary.
He also discussed that one Election Commissioner is moving a step and
setting the salary before the start of a new term.
He additionally discussed the compliance issues involved and that the
salary cannot be reduced mid-term. Committee
members discussed setting the salary at a minimum of what Mr. Howe is making
right now. Chairman Brown
strongly opposed setting salary of both Commissioners at what Mr. Howe is
currently making. She briefly
discussed why she is in opposition and stated that she does not want to set
the salary for two part-time employees at a level that is nearly the same as
the salary of another full-time Department Head.
Mr. Spaulding inquired about what the salaries are currently.
Mr. Cornell and Ms. Barber explained that Mr. Wood’s salary is
currently $25,616 and Mr. Howe’s salary is $29,967.
They discussed the movement in the steps of the Management Comp Plan.
Mr. Barber expressed that they will be out of the step plan once the
previous resolution is approved on December 21, 2006.
Mr. Williams expressed that County Law cannot change a salary.
Mr. Van Donsel expressed that with a Local Law salaries can be changed.
Chairman Brown expressed that Mr. Howe received a 21% increase in
salary in 2005 and she does not feel that this is fair to tax payers for a
part-time Election Commissioner. Mr.
Williams suggested that a Subcommittee look at the full spectrum of the
Election Office and to look further into this.
Mr. Van Donsel explained that the Election Office is a unique office;
it is governed by the State Board of Elections and funded by the County. Committee members discussed setting the salary of the
Election Commissioners. Mr. Whitt
explained that the County cannot control the office but must set the salaries
equal between the two Commissioners. Mr.
McKee inquired about what criteria other counties use to set the salary of
their elections Commissioners. Mr.
Whitt discussed the different ways of setting the salary of the two Election
Commissioners and stated that if anything, it must be equal.
Mr. Williams inquired to Ms. Barber what the percentage difference is
of the average salaries of the County employees over the last five years.
Chairman Brown expressed that the two Election Commissioners are not
County employees. Mr. Williams
explained that he was seeking to find the average increase in salary for
employees for the last five years and adjust the base salary set in 2001 to
reflect that increase. Ms. Barber
explained that because of the MSD Study that was completed the changes in
salary are all over the board and added that Management received a raise in
2001 and not again until 2005. Mr.
Whitt expressed that the Committee must set a base salary to be inserted in
this resolution. Mr. Williams suggest that even though they have been taken
out of the Management Comp Plan that the plan be used as guidance in setting
their salary. Chairman Brown
inquired as to what the base pay is for an Election Commissioner. Mr. Whitt expressed that it is $25,616. Mr. Cornell inquired if provisions can be made for an
automatic increase in salary. Committee
members discussed not inserting a provision for automatic increase.
The consensus of the Committee was to set the salary at the base of
$25,616 and add a 3% increase, which is being presented to the floor of the
Legislature on December 21, 2006 for all employees in the Management Comp
Plan. Mr. Troy made a motion to
amend the resolution to reflect the base salary for Election Commissioners to
be set at $26,384.48; seconded by Mr. Spaulding.
All members present voting in favor; none opposed; motion carried.
Committee
members discussed the Local Law briefly.
All members present voting in favor; none opposed; resolution
approved.
Mr.
Whitt explained to the Committee that there is still an unresolved issue.
He explained that the salary has not been equal during the current term
and this needs to be equalized. Mr.
Whitt suggested that Mr. Wood be paid a salary that is equal to that of Mr.
Howe for the current term. Chairman
Brown asked if Mr. Whitt is saying that the County should pay Mr. Wood $5,000?
Mr. Whitt expressed that is just putting this on the table for the
Committee to discuss and consider. Chairman
Brown strong expressed that she is not in favor of a $5,000 payment for any
Election Commissioner. Mr. Whitt
expressed that he is not recommending that but he is just making Committee
aware of it. Mr. Williams
expressed that the original letter was addressed to the Budget & Finance
Committee and he suggests that this be forwarded to the Budget & Finance
Committee for their consideration. Mr.
Troy inquired about how far back this would go for any consideration of
equalization of payment. Mr.
Whitt explained that Mr. Wood came aboard in February and any type of
equalization for the current year would go back to that date.
Mr. Williams expressed that this is not the time or place to consider
this. Mr. Cornell stated that
this would be referred to Budget & Finance Committee for their
consideration.
DISCUSSION (Personnel Department):
Vacancy Report, Annette Barber – Ms. Barber distributed the Vacancy Report dated December 1, 2006.
Mr. Williams made a motion to adjourn the meeting; seconded by Mr. Troy. Mr. Cornell adjourned the meeting at 11:06 am.