COMMITTEE OF THE WHOLE MEETING
HELD ON JULY 31, 2013
Council as a Committee of the Whole met on the above date at 6:00 p.m., in the Council Chambers, City Hall, Mayor Bill Brandt presiding.
Roll Call – Present: Alderpersons Kapusta, Darling, Kassis, T. Bauknecht, Beck, Bugni, Balcerzak, and D. Bauknecht. Absent: Dunn.
Mayor Brandt excused Alderperson Dunn.
Department Managers in attendance were: Mark Desotell, Director of Administrative Services; Kaye Matucheski, Clerk-Treasurer; Eric Roller, Police Chief/Public Safety Director; Jon Petroskey, Fire Chief; Robert Piskula, Street Commissioner; and James Pike, Communication and Technology Supervisor.
Others in attendance were: Jeanne Jensen, Deputy Clerk-Treasurer; Amy Lynch, Human Resources Specialist; Drew Kelly, WATK-WRLO; Nancy Bugni and Roxanne Bornemann, Library Board.
NEW BUSINESS
Discussion and Possible Action on New City of Antigo Employee Manual
Mayor Brandt explained the manual will be reviewed tonight and then forwarded to the August Council meeting for approval. Mayor Brandt thanked Amy Lynch, Human Resources Specialist, for all the work she put into this document.
Mayor Brandt stated this will affect all employees noting for public safety employees (police and fire) their union contracts would supersede language within the manual if different and for Library employees it will be contingent upon Library Board approval. Three contracts were put together with some losses and some gains.
The manual was reviewed page by page with the following discussions/ amendments:
Page 2, Alderperson Balcerzak noted the dog park is now open so that reference should be updated.
Page 7, Alderperson Beck questioned the existence of 35 hour week employees and suggested making the one employee a 40 hour week employee. Eric Roller, Police Chief/Public Safety Director, stated the workload for the employee only requires 35 hours per week unless the person is filling in for another employee.
Page 9, Compensation/Flexible Time was reviewed and the differences discussed.
Page 10, Alderperson Beck stated he felt longevity should be frozen at whatever level current employees are at and after January 1, 2014, no one new would receive it.
Alderperson Beck moved, Alderperson Kapusta seconded, to freeze longevity at employees current levels as of December 31, 2013.
Ayes were: Kapusta and Beck. Noes were: Darling, Kassis, T. Bauknecht, Bugni, Balcerzak, and D. Bauknecht. Absent: Dunn. Motion lost.
Page 10, Alderperson Balcerzak inquired on call-in and stand-by duty pay and the reference to alcohol use. Kaye Matucheski, Clerk-Treasurer, noted the employees know ahead of time if they are on stand by.
Page 12, Alderperson Beck inquired on the 90-day wait for new non-exempt employees to receive the 90% benefit of the health insurance premium. Ms. Matucheski noted this item was negotiated in the bargaining contracts and is being brought forward into the new manual. Additional discussion followed on waiting period with other employers and the possible significance for employees maintaining union representation, such as emergency services.
Alderperson Beck moved to eliminate the 90-day waiting period for the 90% benefit to be applicable for health insurance premiums for all employees. Motion lost for lack of a second.
Page 15, Alderperson Beck inquired on the election day unpaid leave of absence paragraph which was discussed. Ms. Lynch explained this item is included noting it was added by the labor attorney because it is the law.
Page 17, Mayor Brandt noted in the funeral (bereavement) leave paragraph brother-in-law or sister-in-law needs to be added as it was omitted.
Page 19, Alderperson Beck inquired on the 120 hours maximum for sick leave accrual per year. Ms. Lynch will check the hours and correct if necessary.
Page 20, Alderperson Beck inquired regarding why the Department of Public Works is singled out regarding personal days to which Ms. Lynch explained this is the only department part-time employees receive this benefit.
Page 21, Alderperson Balcerzak inquired on the employee assistance program and the employee being liable for payment. Ms. Lynch explained this is directed for instances where more sessions are required than covered or if the person is referred to another care providing service or advisory personnel.
Page 21, Alderperson Beck inquired about vacation variations for the Library as an employee was promised specific vacation time when hired. Mayor Brandt noted the library can list their schedule separately by position.
Page 22, Alderperson Balcerzak inquired regarding education assistance to which the Mayor explained the Director of Administrative Services will approve or disapprove but the area of study must be job appropriate.
Page 23, Alderperson Beck inquired on the $100 uniform allowance to which it was noted employees not currently receiving a uniform allowance would receive this. Mark Desotell, Director of Administrative Services, noted this would allow employees be recognized as City employees at events, etc.
Page 24, Alderperson T. Bauknecht inquired on background checks and if social media is used, to which Chief Roller explained there are ways to investigate if reference information is too vague which may include checking social media outlets.
Page 24, Alderperson Balcerzak inquired on bonding requirements to which Ms. Matucheski stated the clerk-treasurer and police chief are bonded and also the City has a number of notaries.
Page 24, Alderperson Beck asked who is responsible for enforcing dress code. Ms. Lynch explained that would be the department head along with the Director of Administrative Services. Alderperson Beck further commented on the current dress code noting individuals go to people’s homes with no identifying clothing or badges to say they are a City employee. Ms. Lynch noted badges were made a number of years ago but she did not think it was an ongoing process that new employees receive one. Further discussion followed and the consensus was that all City employees should have badges and they should be available for employees to show if asked. Mayor Brandt noted this will be discussed further in a department manager’s meeting.
Page 25, Alderperson Kassis asked about domestic partnership and what type of paperwork is required. Ms. Lynch explained the required paperwork and that it must be a notarized document. She further explained how a domestic partnership is treated with regards to employee benefits such as retirement and the state policy regarding family medical leave.
Page 26, Alderperson Balcerzak asked about random drug screening. Ms. Lynch explained random drug testing is done for all employees that hold a Commercial Driver’s License (CDL) by Department of Transportation (DOT) requirements. Alderperson Kassis inquired about instituting random drug testing for all employees to which Ms. Lynch noted per Wisconsin law not all government employees can be randomly tested.
Page 28, Alderperson Beck inquired about the drug-free workplace wording regarding conduct prohibited during nonworking time. Mayor Brandt noted this is specific wording from the labor attorney.
Alderperson Beck moved to strike the last sentence in the first paragraph for the drug-free workplace. Motion died for lack of a second.
Alderperson Beck stated he would like the labor attorney to attend a meeting to explain some of these items. To which the Mayor stated if the attorney is here for another reason he may be asked to attend.
Page 28, Alderperson Bugni inquired if testing all City employees on a set date would be illegal to which Mayor Brandt stated it may be possible if employees were informed they are being tested prior to the testing date.
Page 29, Alderperson Balcerzak asked about layoffs and furloughs regarding seniority not being the deciding factor. Mayor Brandt explained seniority alone is not the deciding factor and this is the current union contract wording.
Page 30, Alderperson Balcerzak asked about the wording in item 1 of maintaining a valid commercial driver’s license (CDL). Mayor Brandt stated Ms. Lynch will talk to the labor attorney to clean up the wording.
Page 30, Alderperson Balcerzak inquired if the nepotism policy would apply to Alderperson Beck with his family members being employed by the City. Mayor Brandt noted he is not directly supervising his family members so it is not applicable.
Alderperson Bugni questioned if the manual was going to be adopted tonight. Mayor Brandt noted this manual will be forwarded to the August Council meeting. He noted the Library will also be reviewing it.
Page 31, Alderperson Beck commented from here on there is a lot of fluff and he felt it should be made simple language.
Alderperson Bugni was excused from the meeting at 7:18 p.m.
Page 32, Alderperson Balcerzak inquired on the residency requirement for Department of Public Works employees only. Ms. Lynch explained there is a new state law in place regarding residency and the City has to follow this new law.
Page 33, Alderperson Beck inquired if the Smoking/Tobacco Products rule is enforced to which Ms. Lynch stated yes to the best of our ability.
Page 34, Alderperson Balcerzak inquired why bulletin boards are used and not just sent via e-mail to which Ms. Lynch noted some postings are required and not all employees have e-mail accounts.
Page 34, Alderperson Beck noted under the chain of command section he does not like the reference that policy resides by law with the Common Council under the leadership of the Director of Administrative Services and the Mayor. Alderperson Beck stated he prefers the word recommendation as the bottom line is that Council makes the rules.
Alderperson Beck moved to replace “under the leadership” to “based on the recommendation”. Motion lost for lack of a second.
Page 34, Alderperson Kassis inquired on the sentence “The Director of Administrative Services is given the latitude to determine the best method of implementing the policy decisions of the Common Council” and what is meant by latitude. Ms. Lynch explained this means the Director of Administrative Services can take the Council’s recommendations and implement them. She further noted the Council may not give him a step-by-step direction on implementation and it would be his or her job as a professional to decide the best way to implement the Council’s recommendation.
Page 37, Alderperson Kassis inquired on at-will employment for the two unions that are not public safety to which Ms. Lynch explained all of these employees are now at-will employees.
Page 38-39, Alderperson Beck inquired why the grievance and harassment sections are not just a statement to refer to the other documents. Mayor Brandt noted this is the wording received from the labor attorney. Ms. Lynch explained this manual gives small doses of what is necessary and then refers the employee to the complete policy.
Page 39, Alderperson Balcerzak commented on the no solicitation/no distribution section and lunch and break times not being working time. He further noted the prohibited harassment section also applied to Council members.
Page 41, Alderperson Beck commented the workplace violence and weapons section does not prohibit concealed weapons. Mayor Brandt explained if it is prohibited you must take steps to enforce it. Therefore, if signs are put up, it places liability on the City. Our insurance carrier, Cities and Villages Mutual Insurance Company (CVMIC), stated the City would be creating more liability by putting up signs.
Page 42, Alderperson Beck stated he felt paragraphs three and four were redundant. Ms. Lynch explained this section states call-in requirements if you are sick, etc. where the specific sick leave section is for benefits explanation.
Alderperson Beck inquired if someone can actually have a mental wellness day to which Mayor Brandt noted that would be checked with the labor attorney.
Page 42, Alderperson Balcerzak inquired what if the department head cannot be contacted and Ms. Lynch noted his or her designee will be added in this section.
Page 43, Alderperson T. Bauknecht asked about how tardiness or absence issues are handled by department heads. Ms. Lynch explained all departments handle their specific department with regard to discipline. Mr. Desotell added the department managers often refer to Ms. Lynch for guidance in prior handling of specific issues.
Page 45, Alderperson Beck commented County employees punch a clock system and wondered if all City employees should be required to do that for recording work time. D. Bauknecht noted most County employees do but not all. Discussion followed and no changes to current practice were recommended.
Page 48, upon inquiry by Alderperson Balcerzak regarding personal vehicle use, Ms. Lynch noted employees must submit copies of their proof of insurance to the Clerk-Treasurer.
Page 49, Alderperson Beck complained about more fluff and redundancy in this area reading the first paragraph and noting it was in another section also. Alderperson D. Bauknecht noted a lot of this is boiler plate language that needs to be included.
Page 50, Alderperson Beck again noted his dislike of fluff and redundancy in the first two paragraphs of page 51 as well as the whole of page 49.
Alderperson Kassis inquired on terminations which was explained that department managers make the decision and go through the Director of Administrative Services. Mayor Brandt noted our Labor Attorney would also review.
Alderperson Kassis commended Ms. Lynch on the excellent job she did on this document.
ANY OTHER BUSINESS AUTHORIZED BY LAW TO BE DISCUSSED
There was no other business to be discussed.
ADJOURNMENT
Alderperson Kassis moved, Alderperson T. Bauknecht seconded, to adjourn at 7:53 p.m. Carried.
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Mayor