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08-22-1989 ~ C.) Q o".~ v- 0...\ ~ I?~~ Q.Jo.. 6.. ., CITY OF EDGEWATER MERIT BOARD REGULAR MEETING TUESDAY, AUGUST 22, 1989 7:30 P.M. CONFERENCE ROOM, CITY HALL Chairman, Harry Jones called to order Merit Board at 7:30 p.m., Tuesday, Conference Room of City Hall. a regular meeting of the August 22, 1989, in the ROLL CALL: KAREN GRASBERGER MARVIN OWENS CECE STEVENS SHERRY'YOUNG HARRY JONES, CHAIRMAN Present Present Present Present Present Also present were Mary Ann Vendrasco, Payroll/Personnel/Insurance clerk, Elly Johnson, City Manager (arrived mid-way through the meeting) and Sondra Meager-Pengov, Secretary. APPROVAL OF MINUTES: Mrs. Grasberger moved to Meeting of July 26, 1989 Vendrasco's name, as she Seconded by Mrs. Stevens. approve the minutes of the Special as corrected, eliminating Mary Ann did not attend the Special Meeting. Motion CARRIED 5-0. Mrs. Stevens moved to approve the minutes of the Regular Meeting of July 26, 1989, inserting under Temporary (NTE) Employees, section a) to read Temporary (NTE) Employees will be paid at the same rate as other City Employees of the same rate including overtime after forty (40) hours. Seconded by Mrs. Grasberger. Motion CARRIED 5-0. Mrs. Young moved'to approve the minutes of the Special Meeting of August 2, 1989 as presented. Seconded by Mr. Owens. Motion CARRIED 5-0. UNFINISHED BUSINESS: Temporary (NTE) Employees Mr. Jones stated he had spoken with Mr. Johnson, City Manager concerning Temporary (NTE) Employees and he sees no need for Temporary (NTE) because it was in the contract that in case of an emergency he has the authority to hire temporary employees. Mr. Jones agreed with Mr. Johnson. So, with that information, the Merit Board will forget the (NTE's) completely. Druq Testinq - Mr. Jones referred to the memo from the City Managel-. MI-. JOhn~ discussed with Mr. Jones nego t i at ions are in process and the y is proposing a prOgra~hat Mr. Johnson says is SU1-e the Mer i t Board wi 11 be "happy wi th. " Mr. Jones told Mr. Johnson one of the things the Merit Board wanted the employees of the City to know is that the Merit Board was also in favor of a drug testing program. Mr. Jones also referred to a number of things that have come up. One being, some of the people of public works are saying they don't like it, (being tested for drugs) they have their rights, etc. Mr. Jones told Mr. Johnson, they are right, they have their rights. If they want to go out and get all hopped up on dope and get drunk, that's their business. But, they had better be clear when they come into work the next day, because all that is needed is reasonable suspicion -Qand the management will be able to test them. Mrs. Stevens said that through hearsay and rumor that she understands that there is an employee of the City that was arrested for selling drugs, but not charged with selling. This person has not had a trial as yet. If this is true, Mrs. Stevens says their supervisor-S should be aware, because this is reasonable cause for this person to be tested. Mrs. Stevens asked Mr. Jones to follow-up on this. Mr. Jones inquired into this and the answer he got, was the City Attorney had advised that they could take no action at this point because, according to the law the man has to be found guilty by a jury of his peers before he is guilty. Mr. Jones says, he doesn't agree with that whole heartedly, but he is aware of this case. Mrs. Grasberger believes the issue with this particular individual, that the attorneys concern is, if any action is taken by the individual's supervisor and the individual is not found guilty of the charges, that individual could probably turn tables on the City. Mrs. Stevens feels that a urine test be given to this individual. Mrs. Grasberger asked, give the test on suspicion that he is coming to work under the influence of something? Mrs. Stevens said, yes. Mrs. Grasbeger said that is how it would have to be addressed. You couldn't be testing this individual because of this incident that occurred elsewhere. If this is not handled properly, Mrs. Grasberger said the City could end up being sued. Reference was made Smyrna Beach having a for selling a drug. of it." The next day by the Board members of an article on New similar problem. An employee was arrested Police found the employee's home was "full he was fired, without being tested for 0- drugs. Q o Mr. Jones said that the Board and Council are very much concerned with the "dope" situation and no one has mentioned alcohol. The States law that goes into effect the 1st of January states, they are going to the "drug free l'IIork place act." The first item of definitions is alcohol. Mr. Jones stated city employees have to conduct themselves as though they were and are employees of the City twenty four hours a day. The City employees represent all the Citizens twenty four hours a day. After further discussion, Mr. Jones said the Merit Board is on a temporary hold with the drug policy for a time. NEW BUSINESS: Report from Board Members/Chairman Mr. Jones said that Councilwoman Bennington requested that when a Board sends data to the City Council for action that minutes and all data available with regard to the action be submitted to the Council for prior l-eview. Mr. Jones also discussed Joann Sikes (contract employee.) The note written by Mrs. Sikes was re-read to the Board. Mr. Jones had conferred with Mr. Munoz on the verbal contract Mrs. Sikes has with the City. Mr. Jones suggested she discuss her problem with her supervisor concerning her additional hours. It was suggested by Mr. Jones to Mrs. Sikes to decide if in fact she would be better off not saying too much concerning her hours as it may be cheaper for the City to hire an outside company to do the same work at less cost. Mr. Johnson arrived at this time and Mr. Jones introduced him to the Board. Mr. Johnson stated, if this case goes any further, the job will go to a janitorial position and she would have to take a drastic cut in pay if she were to apply for the position. Mr. Jones and Mrs. Stevens briefed Mr. Johnson on the discussion on drug testing that had occurred earlier in the meeting. Mr. Johnson stated "reasonable cause" in you must be very cautious with the clause the drug testing issue. Mr. Johnson stated we are going to change the image of the City. We are going to ~rt with our employees an~go all the way up the line to department heads. We are going to be a place where people want to come and be. We are going to be proud of what we do and where we work in the community. There being no further business to come before the Board Mrs. Grasberger moved to adjourn the meeting. Seconded by Mrs. Young. Meeting adjourned at 8:20 p.m. Motion CARRIED 5-0. Minutes respectfully submitted by: Sandra Meager-Pengov, Secretary City of Edgewater Merit Board /smp