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Personnel Committee Minutes 11/15/07
PlaceNameplaceCHILMARK PlaceTypeTOWN HALL
MEETING MINUTES OF NOVEMBER 15, 2007
                                                                FINAL


MEMBERS PRESENT:   Max McCreery, Susan Heilbron, PersonNameStephen Lewenberg
        ALSO PRESENT:   PersonNameTim Carroll, Staff liaison; Polly McDowell, Staff liaison;
                                          J B Riggs Parker, BOS liaison; Christina Soulagnet;
                                         Virginia Jones, Administrative Assistant.
                     ABSENT:   PersonNameJennie Greene, Richard Williams

CALL TO ORDER
In the absence of PersonNameJennie Greene, Max McCreery presided as “facilitator” and opened the meeting at 8:00 a.m.

MINUTES
The Meeting Minutes of October 19, 2007 were approved with minor revisions.
The Meeting Minutes of October 25, 2007 were approved with minor revisions.  

MINUTES AND THE BYLAW REVISIONS
MINUTES OF THE 19TH:  There was discussion concerning minutes in general.  It was expressed that there is often no resolution (no votes taken) or sense of approval after discussing sections of the bylaw.   Steve proposed to include the following statement in the meeting minutes at the conclusion of bylaw discussions,  “The Board has thoroughly reviewed and has completed discussions of the Bylaw sections included in today’s meeting.”  The only exceptions would be if someone has been delegated to revise a section and bring it to a future meeting.

EVALUATIONS:    A discussion followed expanding upon the deliberations of the October 19, 2007 meeting minutes regarding who should do evaluations.   Some members felt that this should be specified in the Policy Manual.  Max stated that the evaluation format must be consistent before presenting to the employees, the department heads/board chairman, and to the Town.   Riggs proposed that all evaluations of Town Hall employees should be completed by the Executive Secretary or his/her designee.  If an employee works with a board, such evaluation shall take place in consultation with the board chairman/department head and/or the employee’s direct supervisor.  

MINUTES OF THE 25th:  There was further discussion of the personnel file, which originated from the October 25, 2007 meeting.  The use of  “Supervisor’s Personnel File” was questioned.   Steve noted that there is clear placeStateMassachusetts law defining “personnel file” and that it includes both formal and informal files and documents such as notes, formal reports, and anything of a similar nature related to the employee’s performance.  Steve also indicated that keeping written notes is important in the event of litigation.  Max commented that the information in a personnel file could be very useful in prompting constructive discussions.  Steve reiterated that the law states that any employee has the right to access everything and anything in his or her Personnel file.  
It was decided that this is a matter that should be in the Procedure Manual, and should
be discussed more fully at a later date.

SHELLFISH CONSTABLE
PersonNameTim Carroll asked for guidance in the matter of the Shellfish Constable’s vacation time.   He explained to the Board that the Constable has accrued 80.72 hours of time and wishes to take all his vacation now (during the months on November and December).  The Personnel Guidelines specify that all vacation time must be taken within a certain time period.   At this time, the shellfish season is at its peak and “now” is not an appropriate time for the Constable to take vacation time.   The Board had a lengthy discussion involving questions such as, "does the employee lose the vacation time because he/she had an entire year to utilize the accrued vacation days and hasn't by the deadline date or should a special one-time exception be granted?"   In addition, there was a concern regarding precedent setting, if an extension was granted.  Max commented that the current shellfish constable situation is an example of how the Board of Selectmen does not have the time to adequately monitor administrative duties and supervise all the employees and examine all facets of a situation.  The Executive Secretary should oversee the administrative duties.  Overall, the Board felt that this situation is unique and the decision should reflect the Town's best interest.  Steve stated that the Board may recommend a solution but the answer to this situation is a policy decision, which should be made by the Board of Selectmen.  Steve moved, and it was seconded and voted to forward a memo to the Board of Selectmen stating to the effect of, “We as a Personnel Board recommend to the Board of Selectmen that they consider the Shellfish Constable’s situation and suggest an equitable resolution, which might be granting a three-month extension.  The timing of the extension and any future vacation time will be scheduled in collaboration with the Executive Secretary”.

SUPERVISION OF EMPLOYEES
Riggs recommended inclusion in the Bylaw of a section which states that administrative matters of employees supervised by the Board of Selectmen be delegated to the Executive Secretary.   Steve asked where this could be inserted into the Bylaw, and requested that the concept be included in these minutes as a sense of the meeting.  Tim is to research this and draft wording as well as make recommendations as to where to insert it in the Bylaw.  Polly urged placing this in the introduction, as other parts of the Bylaw flow sequentially from this.

VACATION TIME
Polly suggested that at the beginning of each fiscal year all employees be advised that all vacation time must be scheduled in consultation with the Executive Secretary and must be used during the year.  Tim reported that vacation time is noted on the paycheck stubs of employees who accrue vacation time.


AGENDA ITEMS   
Section 7.0 Civic Leave:  Change Department Head to “Supervisor.”   
Section 8.0 Holidays:  Change full and part time employees to “regular” wherever found.
Section 9.0 Travel Reimbursement:  Change department head to “supervisor.”                   In addition, PersonNameTim Carroll will reword Section 9 to reflect the sense of the meeting.

Steve:   We have now thoroughly reviewed and have completed discussions of Bylaw Sections 7, 8 and 9, with the exception of minor revisions to be made.

DECEMBER 6, 2007  MEETING
Agenda items as per the schedule handed out today.   Tim will present a draft proposal for the role of the supervisors.  He will also present a draft proposal for the grievance section.   Discussion of how to refine the schedule and work around the absences of various members took place and a revised schedule for meeting dates will be circulated
to all members (and staff involved).

COHESIVE DRAFT OF BYLAW   The Board emphasized that all members need a cohesive version of the draft bylaw including all the revisions to date.   It was moved, seconded and voted that Tim will get the draft to the committee members as soon as possible.

Meeting was adjourned at 9:45 a.m.  

Minutes respectfully submitted by Virginia C. Jones and Christina Soulagnet, Administrative Assistant.