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HomeMy WebLinkAboutMinutes 01-16-03 MINUTES OF THE SPcCIAL COMMUN~'Y REDEVELOPMEN I' AGENCY MEETING HELD I'N COMMi'SSION CHAMBERS, CrI'Y HALl.., BOYNTON BEACH, FLOi~DA ON THURSDAY, JANUARY ~.6, 2003 AT 6:30 P.M. P~E~ Larry Finkelstein, Chairman 3eanne Heavilin, Vice Chair ]os~ Aguila Alexander DeMarco Michelle Hoyland Don Fenton Henderson ~llman Lindsey Payne, Board Attorney Doug Hutchinson, CRA Director Annette Gray, Secretary Susan Vielhauer, Controller ]:. Call to Order Chairman Finkelstein called the meeting to order at 6:30 p.m. ]! Roll Call The Recording Secretary called the roll. A quorum was present. Ill. Agenda Approval A. Additions, Deletions, Corrections to the Agenda None B. Adoption of Agenda Mr. Aguila moved to approve the agenda. Vice Chair Heavilin seconded the motion that carried unanimously. None V.Public Audience None V~. Public Hearing None Meeting Minutes Community Redevelopment Agency 3anuary 16, 2003 VZZ. Director's Report None VIII. Old Business None ]3(. New Business Am Consideration of Employment Policy Vs. Employment Contracts for CRA Staff At Mr. Aguila's request, Chairman Finkelstein opened the discussion with a brief history of the issue. He explained that there are three employment positions in the CRA Office. The Director was hired as a contract employee. There are also two staff positions. The Board was moving from independent contractors toward contract employees. ]:n haste, a polio/manual was put together and the Board approved it. The manual contained many mistakes. When staff wanted to go onboard as employees rather than independent contractors on 3anuary 1~, the Board asked for contracts to convert them from their independent contractor status. At that time, discussion indicated that staff did not want contracts. Staff worked on the manual in an attempt to correct it. They brought it back to the board with those changes. If accepted, staff would become employees governed under the manual. Chairman Finkelstein explained that the Board must first make a policy decision regarding whether to move forward with policy manual employees, utilize contrac'cs until the manual is ready or whether to utilize both contracts and the manual. Mr. Aguila questioned how the Board presented the ultimate situation at the time staff was hired. Chairman Finkelstein recalled that the Board wanted to give the employees basic benefits that included health insurance, sick and vacation benefits. The City's benefits were used as a guideline, but the Board could not afford to offer every benefit the City offered. When Mr. Aguila questioned whether that was clear from the employees' perspectives, Chairman Finkelstein reminded him that there was agreement among the members to go in that direction and the benefits were approved. The two staff members were to be employees of the CRA with benefits patterned al'cer the City and other similar entities. Chairman Finkelstein admitted that he had many questions that he did not think could be answered without the assistance of a professional. Vice Chair Heavilin agreed and explained that she was uncomfortable making a decision of this magnitude without expert guidance from a professional. She admitted that at this point, she didn't even truly understand the difference between a "contract employee" and an "employee". She recommended that a Human Resources consultant be hired to advise the Board on this matter because she only wants to do this one time. 2 Meeting Minutes Community Redevelopment Agency .]anuary 16, 2003 Attorney Payne explained that a contract document typically contains only the pay, the term and a severance if the contract is terminated short of the term. There is no "for cause" termination clause in a contract. Policy manual employees are set up with a right to some sort of "for cause" termination. A policy manual is like a contract but it has a process for termination. Attorney Payne pointed out that the existing policy manual for the CRA is one that was set up for an organization with many employees. Ms. Hoyland advised that she called other CRAs to obtain information on what they are doing. They had more employees than the Boynton 8each CRA, but all had 10 or less employees. One of the people she spoke with was an employee of the Delray CRA. Originally, all employees were contract employees and their contracts included terms. This became cumbersome on the 8oard because the contracts were constantly coming back to the Board for renewal. When the person she spoke with was hired, the Delray CRA employment contracts went to a longer term. They have automatic renewals unless someone decides not to renew. They also have a policy manual that they refer to. Benefits such as vacation and sick leave are contained in the policy manual. Even though they are "at will" employees, they are pleased and comfortable with their situations because of the security. In Delray, the CRA piggybacked onto the City for healthcare and the employees can opt into ICMA for pension if they so desire. Tt was Ms. Hoyland's impression that the Board hired an Administrative Assistant - not a Secretary. Chairman Finkelstein and Vice Chair Heavilin agreed that the Board hired a Secretary with skills that would allow her to move into an Assistant position. Ms. Hoyland thought the discussion at the time involved the Secretary moving into the position of Assistant Director. She requested that staff have an opportunity to express their understanding of what was presented to them. An _nett__e Gray, Secretary, said she knew she was accepting a Secretary position. However, at the time, one of her questions involved opportunities for growth. There was discussion about the Assistant Director position. When she asked about benefits, she was told that the CRA would mirror the City's benefits. She reviewed the City's benefits on the website and felt they, or something close to them, were acceptable. Mr. Gray said she doesn't care whether she is a "contract" employee or a "policy manual" employee. Her concern is job security and grovCoh opportunities. Although each member of the CRA staff is working out of his/her job descriptions, she would not have a problem with that if there were room for compensation and growth into the true job title. Under those circumstances, she is ready to give 110%. She is not in favor of the existing contract because it is not specific enough. She wants a document that contains details. The document that is ultimately adopted should be specific enough so that if the three current members of the CRA staff leave, it would be possible to attract quality people. She did not accept the position thinking that it was a term position and she doesn't want it to be a term situation. She wants an ouUet to air grievances and she wants to be given a warning if she does something wrong. She doesn't want to be fired at will. She believes a policy manual would offer more protection for staff and for the Board. Meeting Minutes Community Redevelopment Agency January 16, 2003 Susan Vielhauer, Controller, agreed with the comments made by Ms. Gray. She wants more details in a document. She pointed out that there is no mention of retirement and she wants a venue for getting problems out in the open. Doua Hutchinson. CRA Director, summed up the comments by adding that none of the CRA staff is against the employment contract. However, when he was interviewed, he was told that the benefits would mirror the City's benefits. The City's policy manual is three times the size of the CRA manual. Staff worked on it and cut it in half. As Director, Mr. Hutchinson said he is concerned about how to handle employee grievances and provide the employees with recourse to get their concerns aired. The healthcare that was approved was a good package. Staff also contacted other agencies and learned that they use hybrids of their City's documents. Staff wants a contract that refers back to a policy manual and puts everyone on the same page. The 8oard must make a policy decision on how detailed the policy manual should be. Staff would prefer a hybrid between the policy manual and a contract. They want consistency so that they know what to expect. Chairman Finkelstein explained that a Secretary would not normally be a contract employee. The City has moved toward contracts for all department heads; therefore, the Director's position would be a contract position. The other two positions could be either contract or policy manual, or a combination of both. There is no way to put all of the policy manual information in a contract. Furthermore, a great deal of work is needed on both the manual and the contracts. Chairman Finkelstein said he would have no objection to stating in the contract what the 8oard wants to give in benefits. The detailed job descriptions, leave and a grievance process could then be handled in the manual. Chairman Finkelstein added that the Assistant Director position would be a contract position. Mr. Aguila felt the Director's position should be a contract position and the others should be policy manual employees. The job descriptions, containing all of the tasks and requirements of the position are important. Ms. Hoyland agreed and pointed out that there is a human element involved now. The Director and Assistant Director positions should be contract positions. All other staff should be employees pursuant to a policy and procedures manual. Ms. Hoyland would be comfortable removing the references to vacation, sick leave, etc. from the contract and instead, inserting a footnote that refers back to a policy manual for this information. There is a lot of information in the existing manual that is not necessary. The job descriptions should not be part of the manual. They need to be included in a separate document. With respect to doing other people's tasks, Ms. Hoyland pointed out that there is crossover in jobs and many times she handles others' responsibilities. Chairman Finkelstein feels the phrase "and any other duties assigned" should be included on all job descriptions because there is a great deal of crossover of jobs in a team environment. He would not want the job descriptions to get too specifics. Ms. Hoyland asked Mr. Hutchinson about his comfort level as a contract employee. Mr. Hutchinson explained that he did not have a problem with it since the CRA was mirroring the City and the City has issued contracts to directors. 4 Meeting Minutes Community Redevelopment Agency January 1.6, 2003 Ms. Hoyland suggested hiring a Human Resources professional to review the documents. This person must have experience in municipal government. Chairman Finkelstein agreed. He explained that Attorney Payne has a background in employment law, but she is not a Human Resources professional. So as not to delay the process, Ns. Hoyland suggested hidng a consultant who would provide an answer within three weeks. Chairman Finkelstein reminded the members that all of the contracts were canceled dudng the December meeting and staff is in limbo at this point even though they are being paid for their work. An interim solution was needed. He suggested altering the existing contracts to add a few of the "bread & butter" items until the manual is reviewed and accepted. Ms. Hoyland suggested reactivating the original contracts for a two-month period, but Chairman Finkelstein pointed out that the staff opposes those contracts because they contain no benefits. Attorney Payne advised that staff is concerned with the start date for the benefits. Mr. Aguila sought a consensus of the Board that the start date is the date each employee started working for the CRA. Mr. Aguila moved that the first date that the employee reported for work is the date that all benefits began to accrue. Ms. Hoyland seconded the motion. Ms. Hoyland confirmed that this motion covered all three CRA employees. Mr. Hutchinson confirmed that this would not be retroactive on withholding tax and FI:CA. ]:t is simply for the benefit package. Mr. Aguila agreed. Ms. Hoyland pointed out that their start date for healthcare benefits was January l, 2003. Health insurance cannot be made retroactive. She asked whether the employees would be vested for retirement benefits, Attorney Payne explained that no other contracts mention that. The retirement benefit needs to be looked at carefully. Ms. Hoyland pointed out that if the employees were vested for a year, then the Board and the employees would be liable for payment. There was discussion about having the start date effective for all leave because leave is also vested, klr. Aguila explained that what he was trying to accomplish with his motion was to provide all of the things that normally start on the first day of employment. Mr. Aguila withdrew his motion and Ms. Hoytand withdrew her second. Meeting Minutes Community Redevelopment Agency .January 16, 2003 Motion Ms. Hoyland moved that the current employees' start dates be retroactive from the date they were originally hired for sick and vacation leave. Mr. Aguila seconded the motion that carried unanimously. With respect to retirement and life insurance, Attorney Payne recommended having a detailed discussion with the consultant on these issues once that person is hired. As government employees, Mr. Hutchinson said staff needs a retirement program. Therefore, this must be an element that is developed. ]:n his particular circumstance, this would make a big difference in his mind and in his contract. With respect to vesting, Mr. Hutchinson advised that the City says there is no contribution by either side until after a one-year employment period. Mr. Hutchinson requested that the Board members offer their views on the retirement issue and whether or not they were interested in developing this element. Chairman Finkelstein said he would like the HR consultant to direct the Board in this area. Ms. Gray reminded the members that start dates drive vesting into a retirement program, but the earlier motion of the Board did not address this issue. Ms. Hoyland said that when the Board finally addresses this issue, they would make a motion that would include the start date for purposes of retirement. Attorney Payne advised that the Board would have to consider this issue when they consider the entire package. Mr. Aguila stated that the date would go to the date of first reporting. Vice Chair Heavilin wants the consultant to work with the Board on the contract for the Director, the policy manual and the retirement plan. She would like direction on how to set up the retirement plan as well as direction with respect to life insurance. The members reminded Mr. Hutchinson that he was supposed to purchase life insurance. Mr. Hutchinson agreed, but stated that this has not yet been accomplished. Chairman Finkelstein recommended that the Board ask the Board Attorney to find a few HR professionals by the next meeting on February 11t~ to redraft the contracts. Ms. Hoyland asked Attorney Payne to gather all of the information and forward it to the members so that they could review each package and be ready to make a decision regarding hiring this person. A special meeting for this issue only should be scheduled and a specific goal should be set so that the consultant is aware of the time frame. Attorney Payne reminded the members that the consultant would need a time frame that is reasonable. Ms. Hoyland pointed out that the consultant should be selected and hired and asked to come back to a February meeting to discuss this issue so that the Board can make a decision in March. When Mr. Hutchinson suggested putting together a selection committee, the Board disagreed and decided that Attorney Payne would interview and hire the consultant so that work could begin right away. 6 Meeting Minutes Community Redevelopment Agency 3anuary 16, 2003 Motion Vice Chair Heavilin moved to authorize Attorney Payne to interview and select a Human Resources professional consultant immediately. Ns. Hoyland seconded the motion that carried unanimously. Vice Chair Heavilin requested an opportunity to meet with the consultant for the purpose of asking questions. There was a consensus of the Board members to tentatively schedule a special meeting specifically for this purpose on February 8, 2003. Chairman Finkelstein asked the Board members forward any specific comments or concerns to Attorney Payne as soon as possible. Mr. Hutchinson offered to provide copies of the original and proposed contrac'cs so that the consultant will have a running start. When questioned by Vice Chair Heavilin, the three CRA staff members confirmed that they were comfortable with the decisions the Board had made at this point. Chairman Finkelstein suggested that the staff members forward any other comments or concerns that they might have to Attorney Payne by e-mail. The Board members reviewed their upcoming meeting dates. There are meetings scheduled for r l m .tt and x. Acljoumment Vice Chair Heavilin moved to adjourn the meeting. meeting properly adjourned at 7:55 p.m. Mr. Aguila seconded the motion. The City Clerk (Two Tapes) (3anuary 16, 2003) 7