August 18, 2004

A regular meeting of the Chippewa County Board of Commissioners’ Personnel Committee was held on Wednesday, August 18, 2004 at the Chippewa County Courthouse in Sault Ste. Marie, Michigan. Chairperson Dale called the meeting to order at 5:00 p.m. with a quorum present.

MEMBERS PRESENT: Rita Dale, Chairperson, and Earl Kay

MEMBERS ABSENT: Ted Postula

OTHERS PRESENT: Tim Dolehanty, County Controller, Elizabeth Church, Hon. Nicholas Lambros, Ron Cross, Susan Short, Carmen Fazzari, Barbara Fortin, Margie Hank, Holly Zaborowski, Mary Sue Nelson, Kathy Munson, Dave Carpenter, Jeannie Goeschel, Cecilia Harrison, and Sandra Kempf

Additions / Deletions to the Agenda

Chairperson Dale called for additions or deletions to the agenda. Commissioner Kay asked to discuss the work hours of the Circuit Court Family Division. The agenda was declared approved with that amendment.

Public Comments

Chairperson Dale called for pubic comments. No public comments were offered.

Agenda Items: Internal Promotions Policy

Controller Dolehanty presented a situation where an employee wished to be considered for a position at a lesser pay grade, but would like to maintain an hourly wage above the maximum for that grade. Chairperson Dale stated the employee should be compensated at the assigned pay grade.

It was moved by Commissioner Kay, seconded by Chairperson Dale, to recommend retention of the assigned pay grade when an employee accepts a new position at a lesser pay grade. On a voice vote, the motion was CARRIED.

Court Administrator Salary

Hon. Nicholas Lambros, Chief Judge of the 50^th Circuit Court, stated his intention to increase the salary paid to the newly promoted Circuit Court Administrator to $38,934. It was noted that this figure was the two-year rate for a grade 11 employee, and an increase of 39.25% over the wage previously paid to the employee. Reference was also made to the agreement May 5, 2004 in which the Court agreed to compensate promoted employees at the step which provides for at least a 4.5% increase, but not more than 10% unless the start rate for the new position is higher. The start rate for the Circuit Court Administrator is $35,568.

Commissioner Kay said he would support a compensation rate approved for grade 11 employees after 90-days of service, or $35,848.76, in recognition of the promoted employee’s seniority. Judge Lambros indicated that would be acceptable.

It was moved by Commissioner Kay, seconded by Chairperson Dale, to recommend compensating the newly promoted Circuit Court Administrator at the 90-day rate for grade 11. On a voice vote, the motion was CARRIED.

Public Defender Contract

Chief Public Defender Elizabeth Church met with the Committee to discuss the indigent defense contract with the Sault Tribe. The Committee reviewed meeting minutes from 2000 and 2001 in which the contract was discussed. Ms. Church said she disagreed with the minutes of February 5, 2001, alleging that the compensation figures presented were not accurate. The Committee reviewed the history of the contract and the associated pay breakdown. Chairperson Dale asked about what might happen should the Tribe decide to cancel the contract. Commissioner Kay stated he took issue with the secretarial component of the contract. It was agrees that the Controller and Chief Public Defender would develop alternative proposals for presentation at the next Finance, Claims and Accounts Committee meeting.

Circuit Court Family Division Hours of Work

Commissioner Kay said the Board should set a policy to establish consistent hours of work for all employees

It was moved by Commissioner Kay, seconded by Chairperson Dale, to establish a 35-hour workweek for all county employees.

Court Administrator/Juvenile Officer Susan Short said the current 40-hour workweek in the Family Division meant fewer employees were needed to accomplish the work of the court. She said this practice was more cost effective because it was not necessary to pay additional benefits necessary for additional employees. Ms. Short also cautioned that certain programs could not be maintained if work hours were reduced.

Commissioner Kay said it was necessary for the Board to take action or jobs would be lost. He also stated his hope that everyone would be willing to work a little harder in order to minimize the need for layoffs. Ms. Short assured the Committee that Judge Ulrich would help wherever possible.

On a voice vote, the motion was CARRIED.

AFSCME Local 1552 General County Employee Unit Grievance RE: Furlough Days

AFSCME Local 1552 President Barb Fortin said the Union was not actually notified of the Board’s decision to implement furlough days until the Controller issued a memorandum with payroll on July 23. She said it was the Union’s position that the grievance was timely. Ms. Fortin offered that Union members were willing accept furlough days if all other employees were required to do the same.

Controller Tim Dolehanty reviewed his conclusions as presented in his grievance disposition. He presented six reasons why the grievance should be denied. Mr. Dolehanty stated the Union failed to sustain its claim of violation of the seniority article of the labor contract. He said a supplemental document provided to all employees clearly and unambiguously stated all provisions of the seniority article would remain intact. Mr. Dolehanty also argued that the Union failed to sustain its claim that the layoff and recall article was violated because the work force was not reduced as a result of furlough days.

Mr. Dolehanty said the grievance was also fatally flawed because the Union did not meet the contractual time limits. He said Union President Barbara Fortin was provided with a copy of the detailed budget amendments, including delineation of furlough days, at the June 24 meeting of the board of commissioners. Mr. Dolehanty stated it was impossible for the Union to refute that the furlough issue became known, or should reasonably have become known, to many other Union members who attended the same meeting. He said the grievance should have been filed on or before Friday, July 9 in order to be valid. A precedent in the form of a 2001 grievance was cited in support of the dismissal claim.

Mr. Dolehanty reviewed sections of the labor agreement showing that the Board of Commissioners acted within the scope of this authority through implementation of the furlough day plan. He referenced the management rights section of the contract that states the board, as employer, is exclusively vested with the right to adopt, modify or amend the county budget or any appropriation. The contract also expressly states the board’s right to establish and change work schedules of Union employees. Mr. Dolehanty said the article addressing hours of work states that work schedules may be changed whenever operating conditions or economic conditions warrant such change, further supporting the board’s action.

Commissioner Kay said he spoke with Ms. Fortin about grant positions and other issues. He said the furlough day issue should be reviewed on a department-by-department basis.

Ms. Fortin brought forward other issues of concern to the Union including the County’s use of labor counsel and the pending arbitration over a suspended Union employee. The Committee agreed to meet with the Union committee on August 31.

Committee Comments

There were no additional committee comments.

Chairperson’s Comments

Chairperson Dale had no additional comments.

Adjourn

It was moved by Commissioner Kay, seconded by Chairperson Dale, to adjourn the meeting. On a voice vote, the motion was CARRIED.

Chairperson Dale declared the meeting adjourned at 6:50 p.m.

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Timothy J. Dolehanty, AICP, Recorder Rita Dale, Committee Chairperson