Personnel Sub-Committee

February 9, 2006 – 10:30 am

DRAFT MINUTES

 

Members:                     Larry Cornell, Chairman of Personnel Committee; Sandy Price, Danny Ross, John Troy, Dennis Whitt

Others Present:             Katrina Spicer

 Absent:                         Scott Schrader

 

Mr. Cornell called the meeting to order at 10:40 a.m.

 

DISCUSSIONS/PRESENTATIONS:

1. Review of Cortland County Legislature, Rules of Order (Revised May 20, 2004) – Mr. Cornell thanked everyone for being in attendance at this meeting.  He further stated that he had a meeting with Mr. Whitt and they discussed some areas that need to be looked at in regards to the Rules of Order.  Mr. Cornell went on to say that there are some gray areas that need to be cleaned up to eliminate any problems in the future.  Sub-committee members discussed possible ways of approaching this review of the Rules of Order.  Ms. Price stated that she would like to also look at creating more efficient ways of accomplishing things.  She went on to express that this process can become very timely.  Mr. Whitt went on to explain his role in this process.  He stated that the Legislators have a duty to make certain that all the rules are consistent with the law.  He stated that his role on the sub-committee is to make suggestions; he stated he would not give legal advice.  Mr. Whitt explained that he will provide the members with information to make adequate adjustments to the Rules of Order and he also stated that he believes it is appropriate to have him there.  Mr. Cornell discussed with members what days and times they would prefer.  Mr. Ross stated that he prefers earlier in the day.  Mr. Cornell stated that they should set up a schedule/time frame of what they want to do and when they would like it done by.  Sub-committee members discussed working on revisions between now and April 1, 2006; April 1, 2006 send the revisions to the County Attorney for his input; May 2006 send it to Personnel Committee and June 2006 send it to the floor for approval.  Ms. Price suggested looking at the meeting notices and would like to help make them more efficient.  She went on to suggest that the rules should reflect what we practice.  Mr. Whitt stated that from his standpoint when the Rules of Order were written those who helped write them did not have e-mail in mind.  Mr. Cornell asked what sub-committee members would like to discuss for the next meeting.  Mr. Whitt suggested that the sub-committee members direct him to audit the Rules of Order and pick-out areas and issues of non-compliance and report back to the sub-committee.  Ms. Price suggested that everyone review the Rules of Order and bring their ideas/concerns and items they would like to have addressed back to the sub-committee.  Mr. Cornell requested that Mr. Whitt conduct an audit on the Rules of Order and bring to the attention of the sub-committee members inconsistencies that he finds.  Mr. Whitt pointed out to the sub-committee members some items that he has found not to be in compliance.  He pointed out that after 1954 County Law 151 was amended and therefore that law can no longer be cited.  Mr. Whitt stated that Cortland County was changed from a Board of Supervisors to a Legislature.  He went on to state that 1954 law changed the appointment of Chairman from a one-year term to a two-year term.  Mr. Whitt also explained to history of County Laws and Local Laws regarding to the Legislature.  Mr. Whitt stated that in 1974 made some adjustments and he went on to provide some additional history regarding the Majority and Minority Leaders.  Mr. Whitt went on to state that major changes to the Rules of Order in 1941, 1954 and 1974, smaller changes have been made throughout the years.  He went to discuss that the term of office was changed outside the rules.  Mr. Cornell stated that the report he receives from Mr. Whitt he will use a starting point.  Mr. Ross stated that all the changes would go through the Personnel Committee.  Mr. Cornell mentioned that a Special Article needs two-thirds vote and briefly discussed that.  Mr. Whitt went on to give the history behind a Special Article and the definition of one.  He stated that technically it needs a two-thirds vote to bring to the floor and he went on the mention the appointment of the County Administrator and the appointment of the County Auditor not needing a two-thirds vote and discussing the rules not being consistent with statutes.  Mr. Whitt stated that the sub-committee might want to consider changing the title of the Rules of Order to the Rules of Procedure.  Mr. Whitt stated that he would provide sub-committee members with a copy of the rules of 1951, 1954 and 1974.  He went on to state that sub-committee members should not wait for his report; they should start reviewing things themselves.  Mr. Cornell suggested that each member go through the rules and if they find something then they should take it Mr. Whitt and ask him to look into it and find the back ground, etc.  Mr. Cornell went on to ask members when they want to meet next.  The members discussed when they want to meet next and decided on February 23, 2006 at 9:00 am.  Mr. Cornell suggested that a manner in which the sub-committee proceed; have Mr. Whitt conduct a audit of the Rules of Order and then go through them page by page.  Mr. Whitt discussed and informed the members of the manner in which rules need be published.  Mr. Whitt stated that he does not advise the sub-committee members to cite State Laws in the rules because when the law changes that rule will need to be changed.  He went on to state that it is not prudent to cite statutes because that statute can change.  Ms. Price suggested that they do one thing at a time.  Mr. Whitt agreed that they should only do one thing at a time but he wanted to mention they are not in compliance with Ethics Law.  Ms. Price stated that she thinks people are afraid of the Ethic Law because of it being misused and being used as a political tool.  Mr. Whitt discussed a lawyer looking at the Ethics Law, non-compliance with the Law and went on to discuss disclosure issues and who checks on them.  Ms. Price suggested a guideline for Legislators and went on to discuss an actual disclosure form.  Mr. Whitt stated that the law still exists and discussed it further.  Mr. Troy suggested that the sub-committee look at the Rules of Order first and then move on to the next priority.  Mr. Cornell stated that the Ethics Policy was discussed.  Ms. Price went on to offer information from the board at TC3.  Mr. Whitt discussed past ethics board issues and stated that they do not need a board but they do need a policy and enforcement of that policy.  He went on to add that the enforcement issue is the priority and there is no instrument in place for gaining compliance and he discussed gaining compliance. 

 

Mr. Cornell adjourned the meeting at 11:29 a.m.