T o w n o f C h i l m a r k P e r s o n n e l B o a r d
M i n u t e s
Monday December 7, 2009
Chilmark Town Hall
8am
Present: Max McCreery (Chair), Jennie Greene (Vice-Chair), Frank LoRusso
Also Present: J.B. Riggs Parker (Board of Selectmen Representative), Marina Lent (Secretary), Timothy R. Carroll (Executive Secretary), Warren Doty (Selectman)
Absent: Stephen Lewenberg (participating via Speaker Phone), Chuck Hodgkinson (Staff Representative)
Assistant Assessor Position Description: The agenda item was postponed to the next meeting of the Personnel Board to enable Assessor Clarissa Allen to participate.
Next Meeting of Personnel Board: Due to numerous holiday- and other absences, it was decided to hold the next meeting of the Board on Monday, December 14th, at 5pm. In addition, Max McCreery asked Marina Lent to investigate the possibility of moving the time of the Board’s meetings to evenings, in hopes that this might facilitate finding a new Board member.
Performance Evaluation for Administrative Assistant Marina Lent: The Board decided to hold the performance evaluation for Marina Lent at its next meeting, December 14th.
Hiring Process for Paramedic on the Tri-Town Ambulance: Max McCreery asked Tim Carroll for an update on the hiring process for a per diem paramedic on the Tri-Town Ambulance Service. Tim Carroll replied that he has not heard from the Tri-Town Ambulance Committee as to how it wishes to proceed. Riggs told the Board that a meeting of the Committee is set for tomorrow, Tuesday December 8, 2009, at which this issue will be addressed. Max McCreery asked Marina to report to the next meeting on any further progress.
Minutes: Jennie Greene requested that the discussion of the Board regarding Town Employee fuel allowances be reflected in the minutes of November 4th; Frank LoRusso requested that the absence of Tim Carroll at the meeting of October 31st be noted, that the effect of that absence on the Board’s work be shown, and that, henceforth, both attendance and absence of Board members, staff representative, Selectman representative and Executive Secretary be routinely reflected in the minutes. He also felt that it was important that minutes not be “edited”, and Jennie Greene felt that the Board’s discussion of the practice of certain Town employees charging fuel at Town expense was not reflected in these minutes.
Discussion ensued regarding a letter written by Personnel Board members three weeks ago, following the November 4th meeting of the Board, pointing to three different reimbursement practices, only one of which, reimbursement for mileage travelled which is submitted by the employee for specific, work-related activities, is sanctioned by the Chilmark Personnel Bylaw.
Tim asked when this letter had been sent. Max replied that the letter had been sent to the individual members of the Board of Selectmen on November 12th. He had not formally submitted it to the Board of Selectmen for their agenda due to the sensitive nature of the issue. Warren Doty pointed out that, while this Board is highly critical of Tim Carroll for not being present at all of its meetings, on the other hand it had written a letter to the Board of Selectmen without copying him on it. Max responded that the nature of the issue precluded doing so, and that it was up to the BOS as to whether it wished to formally address this matter or not. Frank LoRusso underlined the importance of approaching the Selectmen directly so that they could choose the best ways of
addressing it. Max felt this was not a matter that should have been brought to the public by the Personnel Board, but that the BOS could choose to do so. Warren Doty said he felt this should be addressed in a public meeting, Riggs Parker agreed that these meetings, such as this one today, are public, and that such a letter is public record, but that it may not be necessary to make a public announcement on the subject.
Frank LoRusso stated that the intent of the communication from the Personnel Board had not been to circumvent Tim Carroll, but to give the initiative to the BOS to decide how to address the problem. He emphasized that the practices are highly questionable: the Town is in effect paying people without reporting these payments as income. Warren Doty said that he feels it is appropriate to give a fuel stipend to certain employees whose work warrants it. Building Inspector Lenny Jason, for example, routinely uses his truck in the course of his duties for the town, and the stipend he receives does not cover the costs he incurs in terms of vehicle wear and maintenance.
Jennie Greene noted that there are employees who fill up at the gas pump and charge it to the town and are not required to show that the mileage travelled bears any relation to the amount of gas they acquired in this manner. Frank LoRusso, as a member of the Finance Committee, asked precisely where these gas expenses are reflected. Max McCreery felt that the whole purpose of the Personnel Board is completely undermined by practices that go against what is called for in the Bylaw.
Tim Carroll explained Lenny’s view that travel off-Island is what is meant by the reference to mileage reimbursement. Lenny has argued to Tim that the budgeted expense for his vehicle to do day-to-day work of the position is a reasonable and on-going expense. Frank LoRusso said that the Building Inspector’s budget is the only one that clearly reflects this as an expense, but that Harbor and Beach departments do not clearly indicate what monies are being used for what purpose when it comes to fuel. Tim Carroll agreed, stating that was why he had brought it to the Board’s attention, so that needed improvements in these practices could be determined.(29:00) Riggs noted that the Beach and Harbor Department are the ones that charge the Town when they fill up at the
gas station. While it is possible to track how much each Department uses, and who has signed for gas at the pump, it is not clear whether the gas purchased in this manner by the town is being used exclusively for town business. (30:30) Riggs stated that the bylaw says that travel on behalf of the Town should be reimbursed on the basis of mileage submitted and what is being done is that people are able to charge at the gas station without being accountable for what is private travel and what is work-related travel. Gas provided for private travel counts as income to the individual, and that is a violation of the law. We are able to track who charged for the gas, but we cannot distinguish between private and work-related miles driven with that gas. The “income” that accrues to a Town employee by this means (private travel on gas charged to the Town) is not being taxed. And that is a problem.
Warren stated that the Town has trusted the employees to stay within appropriate limits in charging gas. Max stated that he, Jennie and Frank are very concerned; he had not heard from Steve Lewenberg on this matter, as Steve has been out of town and in hospital for total knee replacement.
Jennie Greene expressed shock that Warren Doty was not concerned about the legal implications of these practices, which she felt would be an outrage to taxpayers. Frank LoRusso reaffirmed the importance that the Board had felt in bringing this to the attention of the Selectmen without public fanfare, given the long-standing nature of these practices and the seriousness of the problem.
Tim Carroll reported on results of analysis of the total amount of gas purchased by the Beach Department in relation to the days worked and the miles between the three beaches overseen by the department, according to which the Department has purchased less gas through the Town than the minimum amount of travel required by the job.
Regarding the Harbor Department, Tim Carroll was unable to assess these expenses, as the Harbormaster states that he travels to Vineyard Haven on business three or more times a day. Tim Carroll noted that he is not the supervisor for the Harbormaster, and therefore does not know what business is served by these trips. Max McCreery asked the Selectmen present to elucidate. Riggs acknowledged that he did not have an answer, and that the Selectmen are responsible for not knowing this problem until it was brought up. (36:00) He felt that it is embarrassing to the Town. Frank LoRusso said the matter requires immediate resolution, and that the simple and obvious solution is to begin immediately in following the Bylaw as written. Riggs noted that these practices are
vestiges of the way the Town used to run.
Tim Carroll noted that he had raised this issue for the past two years in front of the Finance Committee in public meeting. Frank LoRusso said Tim had not gotten this information across effectively to the Finance Committee. Tim said that, following discussions with the Fin Com, he felt enabled to begin working with the Town Accountant over the past year to address these problems, but there is resistance from some parties to changing the existing practices. Tim Carroll said he welcomed the Personnel Board’s determination to declare reimbursement for mileage submitted by the employee as the Chilmark town policy, because it would enable him to present these parties with clear directives from the Town.
Jennie Greene disputed this, stating that the Bylaw has always required employees to receive reimbursement for mileage but that Tim had been making “private little agreements” with staff members to be able to charge for their gas, according to what he had said at the Personnel Board meeting of November 4th.
Tim explained that some employees have been charging for gas but that this was not by agreement with him. In a number of cases, these arrangements pre-date his tenure with the Town. Frank LoRusso stated that, regardless of who had been involved in developing the practice, it was wrong and must be stopped. Jennie noted that the Harbormaster does not pre-date Tim Carroll’s time with the town and asked who had made such an agreement with the Harbormaster.
Tim Carroll asked to be able to read the letter that had been sent to the Selectmen on this issue.
Frank LoRusso put forward a recommendation (39:40) that henceforth, the only way that mileage is paid is in accordance with the bylaw. Warren Doty suggested that the Board transmit this recommendation to the Board of Selectmen. Personnel Board members wondered if it was desirable to put forward such a “mess” before the Town; Warren said he felt that would be appropriate.
Riggs stated that the Town needs to enforce the Bylaw. The Selectmen may want to discuss changes to the Bylaw, if they feel that the Bylaw provisions should be changed, but it is unwise to frame a discussion as a question of whether the existing Bylaw should be enforced or not. It should be enforced without question, and changed by the appropriate decision makers if change is desired.
Warren Doty noted that, in order to achieve change of long-standing practices within a particular Department, a clear directive from the Selectmen is needed. Personnel Board members felt that such a directive is already given in the Bylaw. Jennie Greene stated that the current practice is illegal and that it behooves the Town to correct this problem.
Frank LoRusso suggested that, instead of moving the discussion to the Board of Selectmen’s meeting, all three Selectmen could come to the next meeting of the Personnel Board, so that this matter could be resolved.
Tim Carroll said he wished to discuss the contents of the letter that had gone to the Selectmen, since five of the six bullet points were wrong. He was being accused in the letter of not doing precisely what he had in fact done, which is to bring this issue to the attention of everybody. He found the letter egregious.
Riggs Parker said it had not been brought to his attention. Tim Carroll said there were audio tapes that would demonstrate otherwise. The gas problem, said Riggs, had not been brought to the Selectmen’s attention or to the attention of anybody else. Tim stated that he had brought it to the attention of the Finance Committee and the Personnel Board, and he had recently individually told members of the Board of Selectmen about it.
Jennie Greene countered that Tim Carroll had “let it out by mistake” to the Personnel Board, which Tim Carroll vociferously and angrily countered, leading Riggs Parker to forcefully remind Tim Carroll that, as an employee, he is required to be civil to Town officials at all times. Jennie reiterated that none of this ever had been known until Tim had “let it slip out.” Tim Carroll objected, stating that he has been working to resolve this issue with the Town Accountant for two years.
Frank LoRusso stated he was not aware that it had been brought up at the Finance Committee, and, if it had, as a Finance Committee member, he would not necessarily have known that the policy was in contravention of the Personnel Bylaw.
Tim Carroll said that much of the fuel stipend money in the past was reported as income, and that the Building Inspector’s stipend is definitely reported, but that the “per tank” charging of expenses is a more recent practice that he had found offensive from the beginning, and has repeatedly brought up. He brought it up during the Harbor discussion during the budget. Riggs said he did not recall being informed that gas was being provided by the Town for private use. Tim said he did not know that it was, and had not said so. He felt that the amount of gas charged was not necessarily unreasonable for their official needs, but the problem with this system is that the use of that gas is not trackable, and not clearly tied to demonstrable work-related purposes.
Max said submission of expense account is essential. Tim agreed. Max said talking to people to urge them to change was not sufficient. A formal recommendation is needed and is now being made (46:00). He felt that talking to Tom about it was not sufficient. Max stated that Tom told him that he had brought it to Tim’s attention twice in successive years. Max stated the Personnel Board had notified the Selectmen and that the issue is now in the hands of the Selectmen.
Tim Carroll said that writing a letter to the Selectmen on the issue of fuel reimbursement was not discussed at the open meeting of the Personnel Board on November 4th. If this Board wrote the letter outside of an open meeting, it was an illegal action (in violation of the Open Meeting Law).
Riggs Parker proposed that, since there were two Selectmen present, the two Selectmen formally instruct the Executive Secretary to follow the Bylaw and require submission of mileage according to the Bylaw, until someone proposes changing the Bylaw, and then formally change the Bylaw if that is found to be desirable. Frank LoRusso agreed. Max stated that a formal proposal has been made.
Warren Doty suggested that it be an agenda item at the next Selectmen’s meeting. Riggs Parker said he would put on the agenda a reminder to all employees that it is town policy that reimbursement of fuel costs is for submission of mileage reports.
The Personnel Board agreed that the Board of Selectmen will address the issue at a future meeting.
(50:00) Stephen Lewenberg stated that he did not take part in the discussion, and had not seen the letter that had been sent to the Selectmen. He had been in the hospital at the time that the letter was circulated among Board members.
Personnel Board Meeting Schedule: Frank LoRusso asked whether it might be possible for the Board to change its meeting times from morning to evenings, to more easily enable a working person to participate, since the Board has still not been able to find a new member. Max asked Marina to look into availability of all participants to determine whether an evening timeslot can be found.
Hiring Process for the Town Accountant: Tim Carroll outlined the hiring process as follows: The deadline for receipt of applications is Dec 22; from December 23-27 the search committee will review the applications received; on December 28th the search committee will select candidates to interview; Interviews will be held on January 4th; the Board of Selectmen will interview finalists at their meeting on January 5th.
The hiring committee is as follows: Riggs Parker (Selectman), Melanie Becker (Treasurer), Richard Williams (Finance Committee), Tim Carroll (Executive Secretary), and a to-be-determined observer from the Personnel Board. The Board decided to ask Frank Lo-Russo to be the Personnel Board observer for the Town Accountant hiring process.
Warren Doty noted that the hiring timeline is very tight, and that this is an extremely important position, so the hiring committee should have the flexibility to extend the timeline if that would enable a better search process. Parties present agreed.
Exit Interviews: Frank LoRusso recommended that Tom Wilson be asked for his opinions on improvements that could be made and suggested that care and attention be paid to the exit interview process. Jennie Greene and Riggs Parker strongly agreed about the importance of the exit interview process. The Board discussed what might be the best format to make the exit interview process as constructive as possible. While too large a group could inhibit the interview, it is important that the contribution of the departing staff member be shared with people with differing perspectives and responsibilities.
Riggs stated that he had already held a discussion with Tom, and that Tim would be discussing Tom’s position with him on a much more technical level. It was agreed that Frank LoRusso should also be involved in the exit interview process, both as a member of the Finance Committee and for the Personnel Board.
The Board also discussed the question of the temporary hire. The Board of Selectmen has appointed Executive Assistant Nina Lombardi as temporary accountant for the duration of the hiring process. Tim Carroll pointed out that it can easily happen that a significant hire will take longer than the maximum 60 days stipulated for a “temporary” employee in the Bylaw, and that this might need to be changed to facilitate a more streamlined hiring transition.
The Board asked that Chuck Hodgkinson add something on the exit interview process into the HR Procedure Manual.
FY 2011 COLA: According to the formula used by the Personnel Board to determine its recommended COLA to submit to the Finance Committee, the COLA for this year is at 0%. The Board approved recommendation of a 0% COLA to the Finance Committee.
Middle Line Road Owner Project Manager: Tim Carroll noted that since the Town has undertaken the construction of the Middle Line Road rental housing, it is a requirement of State law that an Owner Project Manager be hired for projects above $ 1.5 million. Frank LoRusso stated that, although he had offered to make contribution to the Town to oversee the installation of utilities free of charge, this position is beyond what he has the time to do. Warren Doty noted the generous offer and valuable contribution Frank LoRusso has already made, and noted that this job is far larger than could possibly be done on a volunteer basis.
The Board noted that the position description before them is not in the regular Town format. Jennie Greene offered to reformat the position description and will send it to Marina Lent for distribution at the next Personnel Board meeting.
Human Resources Bylaw and Procedure Manual Tim Carroll noted that it would be best to proceed to release the final draft to Department Heads and Staff immediately following the next meeting of the Board on December 14th. Jennie Greene said that the Board would meet with the staff to present the Bylaw. Tim noted that the deadline for getting everything in is technically December 29th,. But January would be the time for a meeting with staff to discuss the Bylaw, as it is likely that the Fin Com will not discuss it until February 3rd.
Members asked the Selectmen present how and when they would like to receive the documents. Tim Carroll noted that there is no executive summary of changes made between the old and the new bylaw, and that therefore, Selectmen would be presented with large documents to work through at a very busy time of year, when the next year’s budget is under preparation. Chuck and Marina could put together a bullet-point list of changes made between the old Bylaw and the new one. The Selectmen will also want to hear how Department Heads react to the bylaw.
Tim described the process he would like to go through to elicit comments from Department Heads. He will call the Department Heads together for a meeting to impress upon them the importance of close attention to the Bylaw, and then bring them back together a week later, and ask them to submit questions and comments. Chuck will collect the comments.
Marina will do a side-by-side reading of the old Bylaw with the new Bylaw and the HR Procedure Manual to summarize major changes.
(Warren Doty left the meeting)
Message from Finance Committee to the Personnel Board Frank LoRusso reported back from the last meeting of the Finance Committee, at which the Committee had determined that step increases will not be granted unless and until a satisfactory performance evaluation has been completed for each employee.
Performance Evaluation Process for Departments Max McCreery noted that he had seen a letter from Tri-Town Ambulance Committee Chair Randhi Belain, stating that the 6-month evaluation for Bob Bellinger had been accomplished. He asked whether this was sufficient or whether the Board should receive a more substantive record. Tim Carroll pointed out that Stephen Lewenberg had participated in that review process, and that this constituted substantial involvement of the Personnel Board.
Stephen Lewenberg did not recall having produced a written report. Max McCreery would like a report, and Tim suggested that the Board request the 6 month report at the occasion of the upcoming first annual performance review. Tim Carroll also noted that Tri-Town Ambulance Coordinator Martina Mastromonaco’s performance evaluation is overdue, and needs to be conducted by the Tri-Town Ambulance Committee. Riggs Parker, who is a member of the Committee, agreed to bring it up at the forthcoming meeting of the Committee.
Frank LoRusso asked about the performance evaluation for Martina Mastromonaco to be done by the Beach Committee. Marina Lent will write a memo from the Personnel Board to the Beach Committee reminding them of this important commitment.
Stephen Lewenberg raised the question of whether Martina Mastromonaco should be holding two jobs for the Town. Frank LoRusso said Martina cleaned out her personal items from the Beach Committee desk at Town Hall (in late August) and left the building; Tim Carroll said this had been at the directive of the Beach Committee, which had told her not to be present for those hours. Steve said that Martina’s overtime hours, when combining both jobs, are an ongoing issue which he hoped would be resolved prior to the upcoming Beach season. Tim Carroll said that the legal opinion was that her Beach position is exempt from overtime as a Seasonal position.
Max asked who should resolve this matter. Riggs Parker asked for guidance from the Personnel Board as to whether this job structure should continue.
(Stephen Lewenberg left the meeting)
Jennie Greene suggested that this issue needs to be resolved. Max McCreery said that he would stay out of the discussion because he is a member of the Tri-Town Ambulance squad. Jennie felt that working up to 80 hours per week during the summer at public safety jobs raises the issue of safety of the staff member and of the public she serves.
Tim noted that Martina is paid as an administrative worker for the ambulance.
Frank LoRusso put forward a recommendation that Martina not be allowed to work both jobs. Tim Pointed out that many Town employees work more than 40 hours during the summer.
Jennie Greene stated that “The Personnel Board feels that Martina Mastromonaco should hold only one job not two in FY’11. The Personnel Board has concern for her safety and those she serves.”
The meeting adjourned at 10:30am
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