March 9, 2006 - 9:30 am
Members: Larry Cornell, Chairman; Sandy Price, Don Spaulding, John Troy, Tom Williams
Others Present: Marilyn Brown, Chairman of the Legislature; Scott Schrader, County Administrator; Dennis Whitt, County Auditor; Katrina Spicer, Secretary to County Administration; Susan Morgan, Clerk of the Legislature; Annette Barber, Personnel Director; Elizabeth Larkin, County Clerk; Bob Howe, Board of Elections;
Absent: Steve Dafoe and Mike McKee
Mr. Cornell called the meeting to order at 9:29 a.m.
Ms. Price made the motion to
adoption of the minutes of the February 9, 2006 meeting and seconded by Mr.
Troy. All members voting in favor, minutes approved as printed.
Amend Budget/ Cortland County Clerk – Ms. Price moved
adoption; seconded by Mr. Troy. Ms.
Larkin explained that this is to transfer grant money from 2005 to 2006 for
Board of Elections. Mr. Howe
explained that this grant money is for equipment and used to be up-to-date with
HAVA. Mr. Howe further discussed the maintenance of voter
information and the possibility of having added expenses when bringing
everything up-to-date with HAVA. Mr.
Cornell recommended that Mr. Howe speak with Mr. Schrader regarding any added
expenses. All members voting in favor; none opposed; resolution adopted.
Amend Management/Management Confidential Compensation Policy –
Mr. Spaulding moved adoption; seconded by Mr. Troy. Ms. Price asked for some background information regarding
this resolution. Mr. Schrader
discussed that when the Management/Management Confidential Policy was amended it
did not include some positions for various reasons.
Ms. Price inquired about the Conflict Attorney position.
Mr. Schrader explained that this position is to pick up the conflicts
from the Public Defenders Office versus sending them out.
He added that he is still working to fill this position and it is
budgeted for. All
members voting in favor; none opposed; resolution adopted.
3. Amend Rules of Order- Annual Session-Cortland County Legislature - [Mr. Williams made a motion to table this until date certain, next month Personnel Committee meeting held on March 9, 2006; seconded by Ms. Price. Mr. Cornell, Mr. McKee, Mr. Spaulding, Ms. Price and Mr. Williams voted in favor; Mr. Troy was opposed; motion carried.] Mr. Spaulding made a motion to bring this item to the table; seconded by Mr. Troy. Mr. Williams discussed that at the last meeting the committee discussed the language regarding the presentation of the Budget being prior to Election Day. He also recommended and discussed that the second “Whereas” should include the County Attorney has reviewed it. Mr. Williams expressed that he would like the County Attorney’s approval that no statutes, etc. are being violated. Mr. Cornell asked if it could be changed without changing the law. Mr. Whitt discussed the law and the rules. Mr. Schrader discussed policy issues. Chairman Brown discussed separating the Rules and the Policies. Mr. Williams discussed his desire for the subcommittee to deal with the rules and then move forward and deal with the next thing. Mr. Troy suggested holding a meeting prior to Election Day. Committee members agreed and went on to discuss adding anything to the responsibilities of the County Administrator. Mr. Schrader expressed his concerns that the Rules and Policies should be separated. Mr. Cornell explained that he expects to end up with two different documents; the first being revisions to the Rules of Order and the second being revisions to Policies. Mr. Williams inquired if it is the intent of the sub-committee to send the revised Rules and Policies back through the Personnel Committee before sending them to the floor for approval. Mr. Cornell replied that it is the intent of the sub-committee. Mr. Cornell requested members to return attention to the resolution at hand and requested the County Attorney be added to the second “Whereas”. Mr. Williams discussed the resolution further. Mr. Troy made a motion to add the County Attorney to the second “Whereas”; seconded by Ms. Price. All members present voted in favor; none opposed; motion carried. Ms. Price inquired about when annual session will be held and discussed that no time has been designated if this is approved. Mr. Whitt discussed the history of the changing a meeting and the history of annual session. He went on to discuss the intent to have the meeting in the schedule with other meetings. He further discussed that this will allow the Budget Officer to present the budget at a regular meeting and still remain in compliance with the law. Ms. Price went on to discuss the change that was made at the last meeting regarding changing the regular meetings allows for no provisions for meeting being held in November and December. Mr. Schrader suggested having annual session called sometime between October 1 and November 30. Ms. Price stated that would take care of the budget being presented but does not allow for any meetings in November and December. Mr. Schrader discussed calling a meeting as needed to pass the budget. Ms. Price discussed further the fact that no provisions were made for a meeting in December. Mr. Williams suggested that the date for annual session being concurrent with the regular meeting in October and then the budget would be presented before Election Day. Mr. Schrader discussed the possibility of having an annual session and not having a budget ready to present and further discussed mixing the rules and the law. He went on to discuss the reference made to annual session needing to be taken out. Mr. Van Donsel discussed the elimination of annual session and the fact that the Chairman of the Legislature having the authority to call a meeting of the Legislature. Mr. Cornell discussed the resolution that was passed last month. Ms. Price discussed that the committee knows what they want to do but they need to make sure that it is written down. Chairman Brown suggested that the October meeting be not be adjourned and instead it be recessed. Mr. Williams discussed that there shall be a budget meeting formerly known as annual session shall be called by the Chairman of Legislature to commence no later than October 31st. Chairman Brown again suggested that the October meeting just be recessed. Mr. Schrader discussed this resolution and that it needs to go before Budget and Finance Committee after it is approved in Personnel Committee. The committee discussed this further. Mr. Williams made a motion to table this resolution again until the date certain of April 6, 2006 and referred it back to the subcommittee for further discussion. Mr. Williams recommended that this be sent back to the subcommittee for further discussion and the brought back to Personnel Committee and then sent on to Budget & Finance. He desires to send a finished product to Budget & Finance. Mr. Williams made a motion to table this resolution again until the date certain of April 6, 2006 and referred it back to the subcommittee for further discussion. Mr. Williams made a motion to table this resolution until date certain of April 6, 2006, the next scheduled meeting of the Personnel Committee; seconded by Ms. Price. Mr. Cornell, Ms. Price, Mr. Troy, and Mr. Williams voted in favor; Mr. Spaulding was opposed; motion carried.
Chairman Brown introduced a resolution, Creating the Offices of Majority Leader and minority Leader with a Two-Year Term of Office. Ms. Price commented that this is putting the practice of the Legislature into words and went on to inquire about the difference between office and position. Mr. Whitt explained resolution 361-74 created the positions but gave them no term of office. He went on to discuss the courts would not spell out the policy of the Legislature and the need for the rules to be consistent. He went on to discuss this resolution bringing clarity to the term. Ms. Price inquired about this being done in the rules. Mr. Whitt explained that historically it was not. Ms. Price inquired further about the difference between office and position. Mr. Whitt referred Ms. Price to the County Attorney and went on to explain that he only did the historical research.
Mr. Williams distributed a memorandum (attached) that he had forwarded to all Legislators regarding his thoughts on the subcommittee reviewing the Rules of Order. He would like the subcommittee to take this into consideration.
Personnel: Vacancy Report – Ms. Barber discussed the Vacancy Report and explained that negotiations regarding Nurses are ongoing. She informed the committee negotiations for the Sheriff’s Department are just beginning.
Election Office: HAVA Update & Insurance – Mr. Howe discussed the HAVA with the committee and updated them. He went on to discuss the auto mark and IBS and the regional meeting he had just attended. He explained to the committee that the region does not want to comply with auto mark and IBS. Mr. Howe further discussed New York State and non-compliance with HAVA. He further discussed the voting machines in the County and that they are under County control and that in January of 2007 all lever voting machines will be illegal. He further discussed changes in costs related to the HAVA regulations and inquired about billing of Towns. Mr. Howe further discussed the rate of Inspectors for elections. Mr. Howe also discussed the voting machines. Mr. Howe went on to discuss insurance and the tier system. He discussed that recently our insurance rates were increased and he feels that the rate of employees insurance should be what they were hired at. He discussed Management being at the rate of 15% while there are unions that are still at 10%. He would like to see those that were hired at 10% to remain at 10%.
Mr. Schrader distributed documents pertaining to the intent of the Legislature to move the Payroll Coordinator from the Treasurers Office to the Personnel Office. He discussed that the change could not be made because the CSEA Contract had not been ratified but now that has been done. Mr. Schrader explained the history behind this move and this will be more cost effective and manageable in the Personnel Office. He discussed the creation of time and attendance system. Mr. Schrader discussed that he has directed Ms. Barber and Mr. Ferris to make the change. He went on to discuss that some things, check stock and semi annual payroll certification, the will remain under the control of the Treasurers Office. Mr. Schrader further discussed internal controls being created and maintained regarding this. He also discussed the vacancy in the Treasurers Office and in the interim the Personnel Office will coordinate to help the Treasurers Office. Mr. Schrader further discussed the new server and MUNIS and training will be done as needed.
Ms. Price inquired about the vacancy of Program Director at Horizon House. Ms. Barber stated that applications are currently being reviewed.
Mr. Williams made a motion to adjourn the meeting. The meeting adjourned at 10:40 a.m.
March 2, 2006
It is being suggested that
the Rules Sub-Committee consider the following proposed rule change for
inclusion in any amendment of the Rules of Order for the Legislature:
Any resolution that pertains to the
hiring, re-hiring, appointment, or
re-appointment of any department head or other significant county employee where
a contract of employment or any formal agreement to employ is made a part,
either directly or as a follow-up piece of said resolution, that resolution and
the final version of the proposed contract or agreement must be made available
all members of the jurisdictional committee, at least 2 business days prior to
the date when the committee meeting is scheduled.
(for the purpose of discussion of this material)
all members of any subsequent committee (i.e. Budget and Finance) that has power
to modify or deny action on the resolution, at least 2 business days prior to
the date that the committee meeting is schedule. (for the purpose of discussion
of this material)
all members of the Legislature, at least 3 business days prior to the scheduled
date of the session where said resolution and contract or agreement are to be
presented for discussion and possible adoption.
For the purpose of this rule, delivery of the above mentioned materials
shall be in person (placed in members county maintained mailbox), by US mail (so
that mailing is done with the time constraints of normal delivery in mind so as
to meet the above mentioned time deadlines), or by electronic mail service.
For the purpose of this rule, the procedures outlined for introducing
discussion by Special Articles do not apply for any of the above mentioned
contracts or agreements or their accompanying resolutions.
This rule also applies to any contract of employment or agreement to
employ that is being considered for any of the bargaining units for the various
county employee groups.
Any contract of employment or agreement to employ that meets the above criteria, must be reviewed by the County Attorney prior to presentation to either the various committees or to the full Legislature. Said review shall concern the form and details of the contract or agreement and the County Attorney shall be given time to comment at both the committee level as well as to the full Legislature, as he or she deems appropriate.