WEDNESDAY MARCH 21, 2001 6:00 P.M. COMMUNITY CENTER
*********************************************************************************************************************** CALL TO ORDER: MAYOR WILLE PLEDGE OF ALLEGIANCE: MAYOR WILLE I. DISCUSSION OF EMPLOYMENT ISSUES: A. ENGAGEMENT OF SHUTTS & BOWEN, LLP AS LABOR AND EMPLOYMENT LAW COUNSEL. B. EMPLOYEE COMPENSATION PRACTICES/COMPLIANCE WITH OVERTIME COMPENSATION AND RECORD KEEPING REQUIREMENTS OF THE FAIR LABOR STANDARDS ACT/AUTHORIZATION TO TOWN MANAGER FOR SAME. C. POSSIBLE CHANGES IN WAGE AND SALARY PLAN/AUTHORIZATION TO TOWN MANAGER FOR SAME. D. TOWN OF MELBOURNE BEACH POLICIES AND ADMINISTRATIVE PROCEDURES MANUAL ADOPTED JULY 19, 1995 (MANUAL) AND POLICE OFFICER BENEFITS DATED 1994. E. COMPLAINT AND GRIEVANCE PROCEDURE IN CHAPTER 20 OF MANUAL. F. RELATED MATTERS. II. ADJOURNMENT PURSUANT TO SECTION 286.0105, FLORIDA STATUTES, THE TOWN HEREBY ADVISES THE PUBLIC THAT: If a person decides to appeal any decision made by the Town Commission with respect to any matter considered at its meeting, he will need a record of the proceedings and that for such purpose, affected persons may need to insure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the Town for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. |
MINUTES TOWN COMMISSION SPECIAL MEETING MARCH 21, 2001 A special meeting of the Town Commission of the Town of Melbourne Beach, Florida was called to order by Mayor Wille at 6:03 p.m. on Wednesday, March 21, 2001 in the Community Centerl. Mayor Wille also led the Pledge of Allegiance to the Flag. Present: Mayor Wille Vice Mayor Remark Commissioner Smith Commissioner Stacey Others Present: Town Manager Ciummo Town Attorney Gougelman Attorney Robin Fawsett Police Chief Walters Town Clerk Masny I. DISCUSSION OF EMPLOYMENT ISSUES: A. ENGAGEMENT OF SHUTTS & BOWEN, LLP AS LABOR AND EMPLOYMENT LAW COUNSEL. B. EMPLOYEE COMPENSATION PRACTICES/COMPLIANCE WITH OVERTIME COMPENSATION AND RECORD KEEPING REQUIREMENTS OF THE FAIR LABOR STANDARDS ACT/AUTHORIZATION TO TOWN MANAGER FOR SAME. C. POSSIBLE CHANGES IN WAGE AND SALARY PLAN/AUTHORIZATION TO TOWN MANAGER FOR SAME. D. TOWN OF MELBOURNE BEACH POLICIES AND ADMINISTRATIVE PROCEDURES MANUAL ADOPTED JULY 19, 1995 (MANUAL) AND POLICE OFFICER BENEFITS DATED 1994. E. COMPLAINT AND GRIEVANCE PROCEDURE IN CHAPTER 20 OF MANUAL. F. RELATED MATTERS. Town Manager Ciummo stated that she has been looking into the Town's payroll and compensation practices as it relates to the Police Department with the intention of trying to improve the payroll reporting system because there are errors in the preparation of the payroll. Town Manager Ciummo stated that she believes some of the reasons errors are occurring is because the Town is paying in advance instead of arrears and adjustments are being made by exception rather than by a uniform reporting method. Town Manager Ciummo stated that the Town's Polices and Administrative Procedures Manual defines a work period differently from the Police Department's document. Town Manager Ciummo stated that these documents are in conflict and she believes legal advice is necessary. Town Manager Ciummo advised that no matter what solutions are found, the changes will not hurt the officers and will be implemented as painlessly as possible. Town Manager Ciummo stated that there appears to be a problem with the grievance procedures because the police officers do not like the idea that the grievance process ends with the Town Manager. Town Manager Ciummo advised that the Town needs the assistance of a labor law attorney. Attorney Robin Fawsett stated that the Town Manager has acquainted him with several issues and has suggested the possibility of several changes, all requiring advice of a labor law attorney. Attorney Fawsett stated that his job would be to advise and represent the Town in all matters of compensation, not just in the Police Department. Attorney Fawsett stated that there seems to be a problem of record keeping under the Fair Labor Standards Act, which requires nonexempt employees be paid minimum wage and overtime, and, record keeping requirements such as the employer being responsible for keeping exact hours worked per day and per week, both straight time and overtime. Attorney Fawsett stated that there seems to be assumptions being made about what hours are being worked and people are being paid on these assumptions. Attorney Fawsett stated that employees are being paid in advance and on assumed hours. Attorney Fawsett advised that the Town's payroll system needs to be looked at to see if it can be simplified, improved or if the employees or Town is being hurt by the current payroll methods. Attorney Fawsett stated that the 1995 manual indicates that the Town employees are paid overtime on the basis of a seven (7) day work week, and hours worked over forty (40) in that work week. Attorney Fawsett stated that the law allows a longer work period for municipal police and fire employees, for police up to twenty-eight (28) days, and overtime paid if more than one-hundred, seventy-one (171) hours are worked in the twenty-eight (28) days, this is indicated in the manual also. The manual also states that the Town Manager is required to authorize and regulate overtime before it is worked, however, there is a 1994 document that is a little ambiguous, it talks about time and one-half for hours worked in excess of a shift, which he understands to be 12 hours, or one-hundred sixty eight (168) hours, without mentioning a work period. Attorney Fawsett stated that these two (2) manuals are in conflict and the Town Commission and Town Manager need an opportunity to decide what should be done. Attorney Fawsett advised that he has discussed with the Town Manager various complaints and grievances and that he has seen some written dialog between the Town Manager and others. Attorney Fawsett stated that some of these are being called grievances and demands are being made that they reach a certain level. Attorney Fawsett stated that some of these do not meet the definition in the manual of a grievance. Attorney Fawsett stated that the Town needs to decide what type of complaints it wants a department head to deal with and require this person to give an answer to and where the Town wants this to stop. Attorney Fawsett stated that the Town also needs to decide what a formal grievance should consist of and where this should go. Attorney Fawsett explained that in most municipalities under a Town Manager form of government, employees are under the supervision of the Town Manager and the grievance procedure ends with the Town Manager because the Town Manager has the authority to discipline and final authority to discharge. Attorney Fawsett stated that this needs to be cleared up. Attorney Fawsett stated that the manual needs an up-to-date Equal Employment Opportunity policy and a new Employee Harassment Policy. Attorney Fawsett stated that the No Solicitation Rule also needs to be replaced. Attorney Fawsett stated that there is not a lot to do, but, it does require someone with experience in the field and stated that he would be willing to do these tasks and be the Town's Labor Attorney. Mayor Wille asked Town Attorney Gougelman if he would concur that with regard to labor issues such as this, Attorney Fawsett would be the authority to contact? Attorney Gougelman stated "yes". Mayor Wille stated that because there are clearly conflicts that exist and have not been resolved internally and one of the issues is payroll and this needs to be resolved quickly and properly. Mayor Wille stated that policy updates are not intended to be anything that will be punitive or hurtful to any employee, things work and have been working well with regard to the perception of the community with services provided. Mayor Wille stated that if we are doing things procedurally wrongly, I would like to see recommendations and options presented to us that will still provide for shifts that are working currently to be continued, if that is possible. Vice Mayor Remark stated that after the meeting of last week, we are at a point where we need to get the payroll and tension handled. Vice Mayor Remark stated that she does not review the policy manuals regularly, but, agreed that she would like to get these problems taken care of and have them done legally and Attorney Fawsett would be a good person to work with the Town. Vice Mayor Remark asked how long this will take? Attorney Fawsett stated that he cannot estimate attorney hours, but this will not take months to do, probably weeks, if people will cooperate. Commissioner Smith stated that this has been going on this way for years and the auditors and managers in the past have never had a problem with getting the records or watching the payroll. Commissioner Smith stated that these problems are not that big from what Attorney Fawsett is saying. Commissioner Smith asked Attorney Fawsett how much he will be charging per hour? Attorney Fawsett stated $210 per hour, normally $260 and in South Florida, $285. Commissioner Smith stated that the discrepancy in the current policies and procedures manual and the one from 1994, in the policies manual it reads 171 hours, 28 day shift and the police policy, which I have not seen, says 168 hours, this is a simple thing to correct. Commissioner Smith asked Town Manager Ciummo if she has sat down with the Police Chief to go over the records and see where problems could have come from? Town Manager Ciummo advised that she has and the problem with Police Officer's pay errors is something she has been hearing since she came to work for the Town. Town Manager Ciummo stated that she is trying to find out what the correct work period is, set up a bookkeeping process that has more accountability and is in compliance with this law and move forward. Town Manager Ciummo advised that she is meeting a lot of resistance to change, and, if these payroll errors are to be minimized, these are things we might try first. Town Manager Ciummo stressed that this is all procedural and she needs the cooperation of the department and find out what is legally correct. Commissioner Smith stated that these are not big problems, we need to know what the labor laws are, but, some of these problems should and can be handled internally and that she has a problem with spending money for a labor attorney to do finance work. Commissioner Stacey stated that these problems have been going on for the last six to eight months and the Town Commission needs to wrap up these problems and move forward. Police Chief Walters stated that under this plan, we have never had a problem with it or a complaint on it. Mayor Wille asked which plan? Chief Walters stated under this 84 hours schedule, the 28-day schedule, the 7 days on, or the 8 days, that's what there talking about fixing, we have never had a problem with it. Chief Walters stated that he is on a regular eight (8) hour schedule and keeps his time records and of course, the officer's time records and he is the one who has had most of the complaints. Chief Walters stated that they are simple mistakes like charging eight (8) hours for vacation when none were taken and trying to fix it and by fixing it, charging another eight (8) hours. Chief Walters Stated that the only conflict between policies is that one says 168 and the other says 171 and the Town Commission has already voted that if there is a conflict between the benefits that the officer's receive and the policies of the Town, the officer's benefits prevail. Police Chief Walters stated that he has contacted the Director of Wage and Hour Division in Miami and Orlando and they will for free, look over the policies and tell us if they are right or wrong. Chief Walters stated that he feels this can be corrected without spending tens of thousands of dollars. Attorney Fawsett stated that the Wage and Hour Division of the U.S. Department of Labor is what Chief Walters is talking about and they will give you limited advice on certain, very discrete questions. They also, if you are in violation, assess you whatever they think you owe and are not too kind on backing off of that position. Attorney Fawsett stated that he does not know of any employer in the United States of America that would invite the Department of Labor to audit their payroll records, especially when the records may be in a state of noncompliance. VICE MAYOR REMARK MOVED, SECOND COMMISSIONER STACEY THAT THE TOWN ENGAGE THE SERVICES OF SHUTTS AND BOWEN AS LABOR AND EMPLOYMENT LAW COUNCIL TO RESOLVE THE ISSUES DISCUSSED AND THAT STAFF GIVE FULL COOPERATION TO THE ATTORNEY TO ENABLE THE TOWN TO RESOLVE THIS QUICKLY AND WITH AS LITTLE TIME INVOLVED AS POSSIBLE. VOTE: VICE MAYOR REMARK, AYE. COMMISSIONER STACEY, AYE. MAYOR WILLE, AYE. COMMISSIONER SMITH, NAY. MOTION CARRIED. Martha Russo, 420 Sunset Boulevard and member of the Civil Service Board stated that presently, the Civil Service Board rules and regulations do not address a grievance policy and asked if the Town Commission would like the Board to obtain this policy from other municipalities and present them to the Town Commission. Mayor Wille advised Ms. Russo that the Town would like to wait to see what the Labor Law Attorney comes up with prior to investigating the grievance policy idea. II. ADJOURNMENT COMMISSIONER STACEY MOVED, SECOND COMMISSIONER SMITH TO ADJOURN. VOTE: ALL AYES. MOTION CARRIED. The special meeting of the Town Commission of the Town of Melbourne Beach, Florida adjourned at 6:53 p.m. ________________________________________ ROBERT D. WILLE, MAYOR ________________________________________ CYNTHIA E. MASNY, CMC TOWN CLERK NOTE: A mechanical recording has been made of the foregoing procedures of which these minutes are a part and is on file in the office of the Town Clerk. |