Personnel Committee
December 6, 2007 - 9:30 am
DRAFT MINUTES
Members: Larry Cornell, Chairman; Mike, McKee, Vice Chairman; Sandy Price, Don Spaulding, John Troy and Tom Williams
Others Present: Marilyn Brown, Chairman, County Legislature; Scott Schrader, County Administrator; Kathie Arnold, Legislator Elect; Katrina Spicer, Secretary to County Administration; Laurie Gosse, Deputy Personnel Officer; Evan Geibel, Cortland Standard; and Eric Mulvihill, WXHC
Absent: Steve Dafoe
Mr. Cornell called the meeting to order at 9:30 am.
Mr. Troy made the motion to
approve the minutes of the November 15, 2007 meeting; seconded by Ms. Price.
All members voting in favor; none opposed; minutes approved as printed.
SUGGESTED LEGISLATIVE REVIEW:
** The following items have been noted as items for suggested Legislative Review by the Chairman of the Personnel Committee. These items are also noted with ** and in bold print.
Set
Date for Organizational Meeting
Election
Commissioners – Prohibiting holding office within a political party/Code of
Ethics and the Appointment of an Ad Hoc Committee for Review of Code of Ethics
RESOLUTIONS:
LEGISLATURE
1. ** Set Date for Organizational Meeting – Mr. Troy moved adoption; seconded by Ms. Price. Mr. Schrader discussed changing the date and time if that was the desire of the Committee. He additionally, expressed that the meeting needs to be held prior to January 12th. Mr. Schrader also stated that the swearing in ceremony would be held in Legislative Chambers on January 1, 2008 at 11:00 am here at the County Office Building. All members present voting in favor; none opposed; resolution adopted.
PERSONNEL
2. Amending Management/Management Confidential Compensation Employment Policy – Mr. Troy moved adoption; seconded by Ms. Price. Mr. Schrader discussed that in the past the language was not properly clarified. He expressed that this is simply to clarify the intent and the language in the Management/Management Confidential Compensation Employment Policy. All members present voting in favor; none opposed; resolution adopted.
DISCUSSION:
** Election
Commissioners – Prohibiting holding office within a political party/Code of
Ethics and the Appointment of an Ad Hoc Committee for Review of Code of Ethics
– Mr. Cornell expressed that at the last meeting this was tabled for further
discussion at this months meeting. He
additionally explained that he has spoken with Chairman Brown and he was
informed that this change could not be done with a resolution.
He explained that at the request of Chairman Brown he has appointed an
Ad Hoc Committee to oversee review of the Code of Ethics.
Mr. Cornell expressed that he envisions a draft copy to come back to
the Personnel Committee in January 2008.
(a memorandum from Mr. Cornell to all Legislators was distributed
appointed Mr. John Troy , Mr. Michael McKee, Mr. Scott Schrader and Mr. Dennis
Whitt to the Ad Hoc Committee to review the Code of Ethics)
Mr. Cornell further discussed the recent decision regarding this
subject handed down by the Attorney General.
Committee members discussed the past work on this in 2004 but stated
that a draft version was never presented to the full Legislature for adoption. Mr. Williams explained that the Personnel Committee went back
and forth with input but no action was ever taken to adopt a new Code of
Ethics. Mr. Troy expressed that
once meeting dates are set the meetings will be open to all Legislators if
they wish to attend. Mr. McKee
explained that Mr. Whitt found no process in place for disclosures. Mr. Cornell explained that this review of the Code of Ethics
is a recommendation made by Gregg Gates.
Mr. Schrader agreed but added that the Code of Ethics was last passed
in 1984 and is in need of review. He
also stated that the issue regarding the Elections Commissioners could be
included in the Code of Ethics. Ms.
Price expressed that a very simple form be created and just have it available.
Mr. Williams inquired as to when the decision was made to proceed with
this. He stated that at the last
meeting two items were divorced and he was under the impression that Mr. Gates
would be present at this meeting to discuss this issue.
Mr. Schrader explained that the issue is not how should the Legislature
do this but was it constitutional. He
added that two weeks ago the Attorney General handed down an opinion regarding
this very subject, which was what Mr. Gates had already advised the
Legislature to do. Chairman Brown
expressed that other counties address this in their Code of Ethics.
Mr. Cornell and Chairman Brown both stated that this would come before
the full Legislature for a vote before anything is passed.
Mr. McKee expressed his concerns in regards to limiting Legislators as
political committee members. Chairman
Brown explained that the position of Party Chair is unique because that person
in that position is involved in all political issues.
She inquired as to how far the Committee wants to go with this. Mr. Cornell expressed that he has concerns like Mr. McKee.
Chairman Brown explained that there is a conflict because the Party
Chair is involved with political campaigns and the Election Commission is
involved with elections. Mr. Williams inquired if the Ad Hoc Committee will have legal
counsel. Mr. Cornell expressed
that any document produced by the Ad Hoc Committee would be reviewed by the
County Attorney. Mr. Williams
further inquired about when this was passed would it be put into affect.
He additionally asked is the members appointed to the Ad Hoc Committee
were competent to deal with the legal issues.
Chairman Brown expressed that the County Attorney would deal with the
legal issues. Mr. Schrader stated that the Ad Hoc Committee would seek
legal advice and added the policy would not take affect during the current
term. Mr. Williams expressed that
he would have liked to have Mr. Gates here to discuss these questions.
He expressed his concerns regarding the possibility of an Article 78
being filed down the road and expressed he would have liked to have had Mr.
Gates expertise as input. Mr. Schrader explained that the Ad Hoc Committee would need
legal advise in regards tot his. Mr.
Williams inquired if the Ad Hoc Committee needed authorization to seek outside
legal advise from Mr. Gates. Mr.
Cornell expressed that the standard procedure is for the County Attorney to
review any documents. Other
Committee members agreed with Mr. Cornell.
Mr. Troy added that is the County Attorney needs assistance from
outside counsel he will ask for it.
RESOLUTIONS:
INSURANCE
3. Authorize Agreement Worker’s Compensation/Self-Insurance Program – Mr. Troy moved adoption; seconded by Ms. Price. Mr. Schrader explained that an audit was performed at McNeil in regards to Worker’s Compensation and some issues were brought up that need to be addressed. He explained that there has not been a formal agreement with McNeil for the past few years and added that they have charged the same rate since 1999. He explained that he would like to give McNeil an opportunity to evaluate responses to the audit. He expressed that McNeil has agreed to not increasing their rate because of the findings of the audit and they would like to address those findings. All members present voting in favor; none opposed; resolution adopted.
DISCUSSION:
1. Vacancy Report, Personnel Officer – Ms. Gosse provided a copy of the Vacancy Report to all Legislators. Mr. Tory inquired about the Accountant position in the Treasurer’s Office. Ms. Gosse explained that they are holding off on filling that position due to the fact that a new Treasurer will start in January. Mr. Troy inquired about he Assistant Director of Information Technology. Mr. Schrader explained that the position was filled on Monday. He added that Jack Hess is the new Assistant Director of Information Technology. Ms. Price inquired about the Safety Officer position. Mr. Schrader explained that he just he has three applications on his desk to review in regards to that position. Mr. Troy inquired about the data processing position under County Historian. Ms. Gosse explained that Cheryl Sherman who previously worked in DSS had filled it. Mr. McKee inquired about the nursing positions. Mr. Schrader explained that seven positions were eliminated in the 2008 Budget and this report does not reflect that. Mr. Schrader expressed that the only problem area in regards to vacancies is with Caseworkers. Ms. Gosse agreed. Mr. Schrader further explained that the vacancy in Buildings & Grounds for Assistant Director has been offered to an individual and he anticipates the person starting later this month.
2. Unemployment Insurance Report – Ms. Gosse distributed a confidential Unemployment Insurance Report and briefly discussed the report. She collected all copies of the report after Committee members had a chance to review them. Mr. Schrader explained that the Unemployment Insurance Account is way over budget. He explained that he has made changes to the 2008 Budget but two budget amendments have been made already this year and a third may be necessary.
Mr. Troy made a motion to adjourn the meeting;
seconded by Ms. Price. Mr.
Cornell adjourned the meeting at 10:03 a.m.