PERSONNEL COMMITTEE
MEETING MINUTES
February 6, 2003
A special meeting of the Chippewa County Board of Commissioners' Personnel Committee was held on
Thursday, February 6, 2003 at the Chippewa County Courthouse in Sault Ste. Marie, Michigan. Chairperson
Dale called the meeting to order at 3:38 p.m. with a quorum present.
MEMBERS PRESENT: Rita Dale, Chairperson, Ted Postula, and Earl Kay
MEMBERS ABSENT: None
OTHERS PRESENT: Tim Dolehanty, County Controller, Susan Cameron, Staff Representative,
AFSCME Council #25, Barbara Fortin, President, AFSCME Local 1552,
Employee 304, one department head and two others
Additions / Deletions to the Agenda
Chairperson Dale called for additions or deletions to the agenda. Hearing none, the agenda was declared
approved as presented.
Public Comments
Chairperson Dale called for pubic comments. No public comments were offered.
Agenda Items: AFSCME Step 3 Grievance
AFSCME Council 25 invoked its right to a hearing before the Personnel Committee regarding the February 5,
2003 suspension of Legal Secretary Employee 304. The suspension was issued for the following reasons.
1. Unprofessional conduct including intimidation, humiliation, and insult of a fellow employee on
January 17, 2003. In a verbally abusive manner, the incident in question included a threat of
physical abuse.
2. Insubordinate behavior toward a supervisor on January 17, 2003. After the department head
declared an end to a staff meeting on that day, Employee 304 was alleged to have, in an animated
manner, defiantly state a refusal to leave until certain matters were discussed.
The Committee and Union representatives discussed the process to be followed for the grievance hearing.
Because this was a disciplinary matter, Employee 304 was asked to decide whether the meeting would be
conducted in open or closed session as required by the Open Meetings Act. Employee 304 chose to have the
meeting conducted as an open session.
Sue Cameron, AFSCME Council #25 Staff Representative, commented on personnel files maintained in the
Public Defender's office. County officials present at the meeting were not aware of such files and noted the
official personnel files were maintained in the Controller's office. The County Controller was advised to
follow-up on this matter with the Chief Public Defender.
Ms. Cameron told the Committee that disciplinary actions should be corrective and not punitive. She stated it
was the Union's understanding that the matter was taken care of until a County Commissioner was contacted
and the matter was referred to the Controller.
The department head explained that Board Chairman Earl Kay was contacted on the day of the incident to
seek input on the matter. Chairman Kay suggested that the department head should contact the County
Controller in order to assure proper procedures were followed as required in the collective bargaining
agreement.
Ms. Cameron stated Employee 304 did not receive proper notification of this meeting. Barbara Fortin,
President of Local 1552, stated she informed Employee 304 of the meeting after a briefing with the Controller
on Monday, February 3. Ms. Fortin also said the Controller provided her with an incident information
package at that briefing, and the she worked with the Controller to set the meeting date.
Ms. Cameron stated Employee 304 was upset because the office was re-arranged on February 3 and many
files were destroyed. Ms. Cameron noted the physical location of Employee 304's workspace was fine, but
Employee 304 would like a different desk.
Ms. Fortin said she viewed the destroyed files and confirmed they were County files. The department head
discussed file retention practices and file confidentiality. The department head also affirmed that the
destroyed files were County property.
Ms. Cameron informed the Committee that she disagreed with the content of the incident memorandums
prepared by witnesses to the events of January 17. She also stated the action appeared to be a witch-hunt
because Employee 304 was the only person disciplined. Ms. Cameron explained that Employee 304 admits
threatening a coworker, but did so in response to actions of the coworker. Ms. Cameron also acknowledged
the use of foul language as documented by witnesses, and that it was not right for either person to use foul
language.
Regarding the suspension imposed on February 5, Ms. Cameron stated Employee 304 did not know where
intimidation, humiliation, and insult were present. With regard to the charge of insubordination, Ms.
Cameron stated Employee 304 only wished to discuss matters that were not covered in the staff meeting of
January 17. Ms. Cameron claimed Employee 304 was not the only one yelling during the meeting with the
department head after the staff meeting.
Ms. Cameron stated the witness memorandums made the incident appear worse than it was, and that
Employee 304 has never had a negative performance evaluation. She stated Employee 304 was also upset by
the swiftness of action by the Controller, charging that a decision was made before Employee 304 had an
opportunity to respond. Controller Tim Dolehanty explained he prepared a number of contingency responses
depending on the outcome of his meeting with Employee 304, the Union President and Department Head held
on February 5.
Ms. Cameron stated disciplinary action should be equal and fair for all involved in the incident. She stated
the Union would like the suspension reduced to a written reprimand. If the Committee agreed to the Union's
demand, Ms. Cameron stated Employee 304 would drop a current arbitration petition against the County and
the Prosecuting Attorney.
Controller Dolehanty asked Ms. Cameron to identify which provisions of the contract were applicable to the
grievance. Ms. Cameron stated the contract required progressive discipline. The Controller read from the
collective bargaining agreement where it was stated minor offenses could result in a verbal warning, written
warning and suspension prior to discharge, but "major offenses may result in immediate written warning,
suspension or discharge." Ms. Cameron said she did not agree that the incidents cited amounted to a major
offense. Mr. Dolehanty disagreed, stating his position that verbal threats toward other employees and
insubordination always amounted major offenses.
The Controller stated the disciplinary action provisions of the contract were strictly followed. He reminded
the Committee that Employee 304 admitted making a verbal threat to a coworker and to acts of
insubordination. Mr. Dolehanty said the County should not be tolerant either action, noting there was an
affirmative obligation to maintain a workplace free of intimidation, humiliation, and insult.
The Committee discussed the next steps in the process. It was agreed that the information would be taken
into consideration and a decision would be made within the time period prescribed in the collective
bargaining agreement.
Consideration of New Employees
OES/E 9-1-1 Director Tim McKee appeared before the committee to seek authorization to hire two part-time
dispatchers. He explained the department was currently short-handed as two full time employees were off on
medical leave. Mr. McKee stated he anticipated the return of both employees in March, but this was not
certain. He also reviewed the availability and status of the current part-time personnel.
After reviewing their qualifications, Mr. McKee recommended appointing Kimberly A. Reece and Randall J.
Elliott to part-time dispatcher positions.
It was moved by Commissioner Kay, supported by Commissioner Postula, to recommend hiring
Kimberly A. Reese and Randall J. Elliott as part time dispatchers at $8.00 per hour, with an increase to
$10.00 per hour upon LEIN certification. On a voice vote, the motion was CARRIED.
Committee Comments
There were no additional committee comments.
Chairperson's Comments
Chairperson Dale had no additional comments.
Adjourn
Chairperson Dale declared the meeting adjourned at 4:50 p.m.
__________________________________ __________________________________
Timothy J. Dolehanty, AICP, Recorder Rita Dale, Committee Chairman