Personnel Committee

July 12, 2007 - 9:30 am

DRAFT MINUTES

Members: Larry Cornell, Chairman; Mike, McKee, Vice Chairman; Sandy Price, Don Spaulding and John Troy

Others Present: Marilyn Brown, Chairman, Cortland County Legislature; Scott Schrader, County Administrator; Katrina Spicer, Secretary to County Administration; Annette Barber, Personnel Officer; Jeremy Boylan, County Historian; Elizabeth Larkin, County Clerk; Don Ferris, County Treasurer; Bill Wood, Board of Elections and Dennis Whitt, County Auditor

Absent: Steve Dafoe and Tom Williams

Mr. Cornell called the meeting to order at 9:31 am.

Mr. Troy made the motion to approve the minutes of the June 14, 2007 meeting; seconded by Mr. McKee. All members voting in favor, 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.

· Voting Machines

· Update on Bicentennial Plans

DISCUSSION:

ELECTION OFFICE

1. ** Voting Machines – Mr. Wood distributed a copy of a memo from the Cortland County Board of Elections to State Legislative Leadership regarding all of New York State being prohibited from using lever voting machines and New York Sate not having another certified voting system available for purchase (See Attachment “A”). Mr. Wood explained the facts regarding the memo to the Committee and added that in addition to prohibiting lever voting machines, there is also as additional requirement of having at least one handicapped accessible voting system at each polling station. Mr. Wood additionally, explained to the Committee that there was an article in the newspaper regarding the Board of Election Office and the treatment of an individual. He added that his office takes pride in treating all individuals equally and added that no one is denied service and all are treated honestly and fairly. Mr. Cornell inquired about any voting machine being certified. Mr. Wood expressed that currently there is not one. He addressed his concerns in relation to the upcoming Primaries on September 18, 2007. Mr. McKee inquired about receiving any sort of amnesty from the State in regards to this. Mr. Wood expressed that this is what they are trying to do. Committee members discussed the upcoming primary on September 18, 2007 and the need for voting machines. They also discussed using the lever machines and breaking the law. Additionally, the Committee discussed possibly being forced to use paper ballots. Mr. Whitt expressed that this involves compliance issues and by using a lever machines will leave them out of compliance for state regulations and if there are no elections held then they will be out of compliance in regards to federal law. Mr. Whitt discussed this possibly resulting in a Court procedure. He expressed the need to have this resolved and added that the Board of Elections cannot go into the Election season without the ability to hold elections.

Mr. McKee made a motion to direct Mr. Whitt to draft a resolution to go before the full Legislature stating that the Cortland County Legislature supports an amendment to the Election Reform and Modernization Act of 2005. All members present voting in favor; none opposed; motion approved to draft a resolution.

Ms. Price expressed that she feels it is not too early to begin looking into a lawsuit. She expressed that if a resolution was needed it would not be approved until the end of July and August is not too early to start this. Mr. Schrader agreed and stated that this issue needs to be addressed.

Ms. Price made a motion to authorize the County Administrator and the Election Commissioners to look into this issue and do any necessary legal research to determine options as to how to proceed; seconded by Mr. Troy. All members present voting in favor; none opposed; motion approved.

COUNTY CLERK

2. Grant Funding – Ms. Larkin expressed that the County had received two grants in the approximate amounts of $20,000 for County Historian and $72,000 for Records Management. She explained plans for the Records Management Grant funds being used for digitizing records. She added that the deed records in the County Clerk’s Office date back to 1808. Ms. Larking further explained that this would help out in the area of space needs. She added that she would bring this back to the Personnel Committee in the form of a resolution as soon as she receives the necessary documentation in regards to these grants.

Mr. Boylan explained that the grant funding received by the County Historian would be used to purchase software to electronically back up all records. He further discussed records retention and space issues. Mr. Boylan explained that currently he does not have any problems with space but may in the near future.

Ms. Larkin expressed that new moveable shelving was installed in the Law Library at the Court House. She explained that this type of shelving can double storage space and is easy to move. Chairman Brown explained that the shelving is amazing and easy to handle.

COUNTY HISTORIAN

3. ** Update on Bicentennial Plans – Mr. Boylan distributed and discussed briefly a Bicentennial Update to all Committee members (See Attachment “B”). He added that as soon as the logo is set things would begin to move. He discussed the Logo Contest, which has an entry deadline on August 1, 2007. He expressed that about fifty entries have been received. He expressed the parade date being set for September 18, 2008. Mr. Boylan explained that this date does not interfere with any other downtown activities and is after school is back in session so that the school marching bands would participate. He went on to explain that there is a debate as to the location for the Ball. He also discussed the countywide bell ringing and a newspaper supplement that are being worked on. He also explained that he is working with individual communities and museums in the County. Mr. Boylan explained that each event has a subcommittee. He added that time and money are issues but expressed that this would come up in his budget request for 2008. He expressed that Ms. Larkin has assisted him with municipal history and added that for the parade he would like to see each town participate and have a float in the parade. Ms. Price expressed that she visited Senior Centers for Older American’s month and the seniors had expressed interest and information in relation to the Bicentennial celebration. Mr. Boylan expressed that he is working with all communities and the Senior Centers in regards to this. He added that he had spoken with Carol Deloff in regards to visiting the Senior Centers and events at the Senior Centers.

PERSONNEL

4. Vacancy Report, Annette Barber – Ms. Barber distributed the Vacancy Report dated July 1, 2007 and briefly discussed the report. Ms. Barber explained that there are vacancies in the area of Licensed Master Social Workers. Ms. Price inquired about these vacancies. Ms. Barber explained that there are not the individuals to fill the positions. Ms. Barber discussed having a problem filling the position of Assistant Director of Information Technology. Mr. Troy inquired about the Accountant position in the Treasurer’s Office. Ms. Barber explained that an exam was held and the exam list had been broken. She added that various individuals have turned down the position and that they are struggling to fill it. Mr. Schrader explained that he is currently in the process of interviewing for the vacant Safety and Code Officer position. He added that he hopefully is able to have a candidate by the end of the month. Mr. McKee inquired about a specific position in which the reason for vacancy was “failed probation.” Ms. Barber explained that this position was vacated due to a trainee failing the probationary period.

RESOLUTIONS:

INSURANCE

1. Authorize Agreement Worker’s Compensation Administrative Audit – Mr. McKee moved adoption; seconded by Mr. Troy. Mr. Schrader explained that for over ten years there has been a formal and informal agreement with Mc Neil and Company, Inc. to administer the County’s Workers Compensation program. He expressed that this has not been audited and he believes an audit is appropriate with all the changes in regards to Worker’s Compensation. He explained that this resolution would allow thirty-four cases to be audited for $5,000. He discussed the duties and responsibilities in regards to Worker’s Compensation and that McNeil has requested additional funds. He expressed that he hopes to have the results back in time for budget preparation. Mr. Schrader also expressed that once the results are received he can make a recommendation to the Personnel Committee as how to proceed in regards to Worker’s Compensation. Mr. McKee inquired about the firm to be used for this audit. Mr. Schrader explained that they come highly recommended and the price is nominal. Ms. Price inquired about using an outside firm versus the in-house County Auditor. Mr. Schrader explained that this firm know and are up to date on the Worker’s Compensation laws. Mr. Whitt added that there is a need for an independent audit and explained that this means an audit conducted by someone outside the County. He explained and described his current involvement in regards to Worker’s Compensation and McNeil and Company. He added that he recommends that the Legislature go ahead with this audit and use the firm named in the resolution. Mr. McKee inquired about this being the first time this has been done and asked how often it should be done. Mr. Schrader expressed that this is the first time these records have been audited and added that they do not need to be audited every year. He added that this would ensure that claims are handled appropriately and that the administrator is administering the program properly. He expressed that an audit should be dome periodically and suggested every second or third year to conduct an audit. He expressed that a request for proposal has not been done in over ten years but may look into it in the future in regards to a Worker’s Compensation administrator. He explained that this audit will make sure that McNeil and Company are doing what they should be doing. Mr. Whitt added that since things are better on a global level it is time to slowly focus on smaller issues. He expressed that it is good news now that the County can shift gears and begin fine tuning everything. All members present voting in favor; none opposed; resolution approved.

Mr. Troy made a motion to adjourn the meeting; seconded by Mr. Spaulding. Mr. Cornell adjourned the meeting at 10:02 am.

ATTACHMENT “A”

Page 1

CORTLAND COUNTY BOARD of ELECTIONS

county office building

60 central ave., room 102

Cortland, new york 13045

Robert C. Howe, Commissioner Phone: 607) 753-1032

William J. Wood, Commissioner Fax: (607) 758-5513

July 9, 2007

State Legislative Leadership,

Currently, all of New York State is prohibiting from using our lever voting machines after September 1, 2007. As the law stands right now lever machines will be banned effective September 1, 2007 and there is no other certified voting system available for us to purchase.

We are enclosing an attachment of a recommended amendment to the Election Reform and Modernization Act of 2005. This amendment was agreed to by the Election Commissioners Association members at our Summer Conference on June 25-27. A great deal of time was spent discussing this amendment and we hope you will give it you full consideration.

Please feel free to call us at any time to discuss this most important matter.

Robert C. Howe

William J. Wood

Commissioners

ATTACHMENT “A”

Page 2

AN ACT to amend chapter 181 of the laws of 2005 amending the election law and the state finance law relating to enacting the Election Reform and Modernization Act of 2005, in relation to voting machine and system implementation

Section 1. Section 11 of chapter 181 of the laws of 2005 amending the election law and the state finance law relating to enacting the Election Reform and Modernization Act of 2005, is amended to read as follows:

S 11. Help America Vote Act voting machine and system implementation.

Effective the first federal election {in 2006} after March 1, 2008, each polling place shall be equipped with at least one voting machine or voting system which is equipped for individuals with disabilities and provides individuals with disabilities with the same opportunity for access and participation as other voters and which meets the requirements of section 7-202 of the election law and the federal Help America Vote Act.

Effective {September 1, 2007} on the date of the first election for federal office after March 1, 2008, all lever machines in New York state shall be replaced by voting machines or voting systems which meet the requirements of section 7-202 of the election law, provided, however, that with respect to any board of elections which determines to retain lever machines on or after the effective date of this act and prior to {September 1, 2007} the date of the first election for federal office after March 1, 2008,, the provisions of this act which impose new standards for voting machines which were not required prior to the effective date of this act, including the amendments to section 7-202 of the election law made by section six of this act, shall not be applicable with respect to such lever machines during any period of time during which such lever machines are lawfully utilized. Each board of elections shall attempt to the greatest degree practical to select and utilize voting machines or systems which, from the perspective of a voter or poll worker, are functionally equivalent, provided, however, that nothing shall preclude a board of elections from selecting more than one type of voting system where such multiple systems are determined by such board to be necessary in order to meet the requirements of this act for such voting machine systems to be accessible to disabled voters or where such multiple voting machine systems are determined by such board to be necessary for other reasons.

ATTACHMENT “A”

Page 3

S 2. Until the date of the first election for federal office after March 1, 2008, each county shall provide at least one location with one or more ballot marking devices which provide individuals with disabilities with the same opportunity for access and participation as other voters, which are authorized by the state board of elections pursuant to subdivision 4 of section 7-201 of the election law. Any registered voter who resides in the county shall be eligible to use such ballot marking device on the day of the election. The ballot of each voter marked by such ballot marking device shall be canvassed in the manner provided for absentee ballots as provided in the Election Law. The state board of elections shall prescribe procedures for implementing this section.

S 3. Notwithstanding the foregoing, in the event that the state board of elections has not certified more than one voting system as complying with the requirements of section 7-202 of the election law by December 31, 2007, the effective date of section 11 of chapter 181 of the laws of 2005 shall be December 31 of the year in which the state board of elections makes such certification.

S 4. This act shall take effect immediately.

ATTACHMENT “