03-23-1983
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CITY OF EDGEWATER
MERIT BOARD MEETING
March 23,1983
Vice Chairman Bates called the meeting of the Merit Board to order
at 7:30 P.M. in the conference area of the Community Center.
ROLL CALL
Terry Edgell
Absent (Mrs. Blazi stated that Mr. Edgell
has indicated that he is going to resign.
Present
Present
Present
Present
Betty Billups
Robert Bates
Ray Troian
Debbie Sigler
Mayor McKillop spoke up that the City Clerk will call roll for the
Council.
Mayor McKillop Present
Councilman Ledbetter Excused
Councilwoman Bennington Excused
Councilman Asting Excused
Councilman Spencer Present
City Clerk Nancy Blazi Present
Mayor McKillop explained that the other council members are excused
due to illnesses and for the board not to be discouraged at their
not attending. This is not a joint meeting with the council, although
he and Councilman Spencer will remain for any questioning that the
board wishes.
APPROVAL OF MINUTES
Mr. Troian made a motion that the minutes of the February 23,1983
meeting be adopted as presented, being seconded by Mrs. Billups.
Motion CARRIED 4-0.
COMMUNICATIONS
Attorney's decision on Merit Board/Union: Mrs. Sigler read from the
Council minutes of March 10, 1983. (A copy of which is attached to
these original minutes)
OLD BUSINESS
Evaluation Forms: Mrs. Sigler read from the Council minutes of
March la, 1983. Mrs. Blazi informed the board members of various
information she and Mrs. Kinsey obtained recently-while attending
a seminar on unemployment. One suggestion was a semi-annual in-
formal evaluation, done by the employees and their supervisors,
as well as a more formal evaluation each year.
Mrs. Sigler and Mr. Troian both commented that this idea has merit.
Mrs. Blazi pointed out another suggestion of a daily log being kept
by the supervisors of their employee~ achievements, especially if
an extra project was worked on, outside of their ordinary work load.
All of this information would tie in together at the end of the year
during evaluation time.
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Mr. Troian stated that according to the grade received on the
evaluation, the employee would be entitled to a percentage of
an increase. A table needs to be determined for the evaluation
form.
Mrs. Sigler pointed out that once this is all in writing and a
policy is set up, the supervisors as well as the employees have
something substantial to go by when giving raises.
Mayor McKillop stated that it appears that this board is trying to
reinvent the wheel. There are package programs for evaluations,
perhaps we need to obtain such information.
Mrs. Sigler explained that Mrs. Blazi has done that; we have packages
from other municipalities and we are trying to get them in line with
our system in Edgewater.
Mayor MCKillop stated that he has never heard of a plan that allows
an employee to fall between the steps, either they have an open range
where they can go between the figures and the percentage flows or
they have steps--- where they go from step to step. He went on
to explain that people without supervisory responsibility are judged
merely for their attendance and how well they follow orders would be
on a step increase and would be given a fixed step at the end of the
year, people who are on a supervisory level with performance goals
and productivity goals would receive raises based on a percentage
system.
Mrs. Blazi stated that this would not be a merit system for the
employees.
A lengthy discussion continued between the Mayor and the board members.
in regard to how a pay plan should be set up for the city.
Mr. Troian stated that no matter what type of job is done, some one can
do it better, and deserves more for his performance. Under this plan
that concept would be implemented.
Mayor McKillop stated that you would be assigning the supervisors a
tremendously difficult task. The future liability of the City is
involved here because if the facts are not tangible the system is
going to be challenged as being arbitrary.
Mrs. Blazi questioned how the employees who just meet the basic
standards and the employees who exceed the standards would be
differentiated?
Mayor McKillop questioned who would determine the tangible difference
between the employees? You are expecting the supervisors to cut the
fine line between the employees.
Mrs. Sigler stated that our supervisors have been using evaluation
forms, this particular form that Mrs. Blazi has recommended simplifies
the process. Presently there is nothing tangible to justify any salary
increases; by this system of evaluating and grading an employee, no one
can get an increase because they are liked or not get one because they
are disliked by a supervisor. It would be determined by the grade they
received on their evaluations.
Mr. Bates pointed that there are two separate conditions; one being
physical ability and the other being mental capabilities.
There was more discussion about the job performances done by the
different departments.
Mr. Troian asked Mrs. Blazi if it is true that this has to all be
negotiated? Mrs. Blazi stated that it will be, just as the pay plan
will be negotiated. She added that we do need a plan to follow with
procedures spelled out for employees and superintendents.
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Councilman Spencer stated that the large company he worked for
had a national union contract which was very specific and most
union contracts do not have merit plans associated with them.
He explained the progression schedule system.
Mayor McKillop asked Mr. Opal about his experience with the unions
he worked with. Mr. Opal stated they had a labor classification
and there was no merit board involved.
Mrs. Blazi stated that most cities have personnel boards even if
they have unions.
Mrs. Sigler stated that the employees in Edgewater do not have the
choice between a union or a merit board. The citizens of Edgewater
voted by referendum and the City of Edgewater has a merit system as
a Charter revision. Even the lowest laborer in the City should be
rated on his merit as well as Mrs. Blazi or anyone else working for
the City.
Mr. Bates stated that he understands that the present agreement with
the labor union is that they will accept the decisions made by the
Merit Board.
Councilman Spencer stated that this is true presently, however it
does not have to be true during the next union negotiations.
Mr. Bates stated that the evaluation form submitted has a lot of
latitude and he feels this form is a good one.
Mrs. Blazi reminded the people present that the City at one time
contracted the garbage service out and there were a lot of complaints
made by the citizens. Since the City crew has been doing the pick up
again the complaints are minimum; this shows that our men are doing a
better job.
Mayor McKillop looked at the form that Mrs. Blazi has submitted and
stated that the form speaks to the different level of employees as
he was suggesting. He asked that it be carried a step farther and
have a satisfactory or unsatisfactory rating for the lower level
employees.
Mr. Troian stated again that one individual may deserve a better
rating than another, or they could be equal.
Councilman Spencer questioned where the pay scale form originated.
Mrs. Blazi explained that this was from Port Orange. She explained
the steps and that it is possible for an employee to max-out in one
grade, and unless he was reclassified he would only receive the
yearly cost of living increases.
Mrs. Sigler explained that this is a worksheet prepared from the one
Port Orange sent us. She explained that usually there are only ten
steps, however in order to prepare the scale within the City of
Edgewater's range, and so that our supervisors could review the
placement of their employees, this scale temporarily was taken out
to fifteen steps. This form leaves room for improvement in this
area and in the area of the ending of one step and the beginning
of the next grade.
Mr. Spencer explained that the pay scale he was familiar with pro-
vided for a 35% increase within a classification, then you topped
out and remained there until you were reclassified.
It was again explained that this was prepared to have something to
start with and work on with the board.
Mayor MCKillop stated that the term used is called red-circled.
Where the employee who is outside of the scale is kept at that
salary rate until the scale catches up with him through yearly
cost of living increases.
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Mayor McKillop went on to explain the system he works under in
regard to steps and grades, separating the supervisory individuals
from the individuals who perform a service.
Mrs. Blazi informed the board members on another issue that was
discussed at the seminar she attended; being misconduct as a
reason for termination rather than job performance. There was
discussion that supervisors should evaluate new employees more
than once during the probationary period.
At this time discussion began among the board members and the
Council members in regard to the classification scale. Mrs. Sigler
explained that the last page of the classifications needs some more
work on it. Again it was explained that this is a worksheet. There
has already been a lot of input from the supervisors. Certain job
classification changes were given to the board members to write in.
Several comments were made about the classification changes and how
they were determined. It was explained that the City's job descrip-
tions were reviewed and this is how the classifications were deter-
mined.
Mayor McKillop asked if this board has perhaps accepted a task that
requires professionals, do we have the expertise to adequately
separate the jobs and rate each application? It was stated that
there are companies who specialize in this type work. Mrs. Blazi
stated that it could be looked into to see how much this would cost.
Mayor McKillop made several comparisons between the different grade
steps and the classifications, showing the inequities in the system.
Mr. Bates stated that these inequities exist no matter where you go.
The job descriptions that we have were based on cities of comparative
size.
Mrs. Sigler explained that with the exception of the supervisors,
every employee fits on the scale in the grades fairly adequately.
There were other comments made about the consequences if this plan
has too many fallacies. It was agreed upon that the City Clerk would
find out if there is some professional help that we can obtain.
Councilman Spencer complimented the board on the work they are doing,
and suggested that someone from the outside could view things more
objectively perhaps. Also, that some guidelines be set up for the
administration of the plan, one specifically that supervisors be
given a limitation as to the number of merit increases that they
are allowed to give. This way they would be more selective in the
giving of raises.
Mr. Troian made a motion that we direct Mrs. Blazi to find a pro-
fessional being seconded by Mrs. Sigler. Upon roll call vote the
motion CARRIED 4-0.
Safety Policy: Mrs. Blazi explained that we have been advised by
Management Risk who handle our workmen's compensation, that we need
to set up a formal safety policy. She explained that the Council
needs to formally adopt a policy. She passed out a proposed program
for the board members to look over.
There was discussion about whether the Building Official would be
the person to be the safety inspector. A hazardous situation should
be taken care of immediately and someone with some authority should
have this responsibility.
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Councilman Spencer complimented the package and explained the
safety policies that he was familiar with. He suggested that
a monthly safety inspection should be made and a City employee
should be with this person during the inspection.
Mayor MCKillop suggested a form procedure be followed. There is
a form sample in the package that has been prepared for the Council.
Mr. Opal explained the procedure that was followed when he was
working in regard to safety complaints and inspections.
There was more discussion about a safety committee being formed
in the near future and that all of the employees will be notified
that we have a safety program in effect. In the meantime if an
employee has something to report that they feel is a hazard and
an emergency, the Mayor stated,that they should call him personally.
Mr. Bates stated that at this time we should have the City Clerk
address a letter to the Council for the establishment of the safety
program to take place immediately and have the Council appoint an
interim safety officer until one is appointed on a full time basis.
Mr. Troian made this in the form of a motion, being seconded by
Mrs. Billups. Upon roll call vote the motion CARRIED 4-0.
NEW BUSINESS
None
Mrs. Billups made a motion to adjourn, being seconded by Mr. Troian.
Meeting adjourned.
Minutes submitted by:
Debbie Sigler
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ty Clerk if she ~s planning to apply for the
-rJ ~~ ~~~ k Nancy Blazi said she had not yet made up her
/7. - ( ~. -:'~ ing is April 1. Councilwoman Bennington did not
~~ ~~ for a position should be handling the applications
U7 / :ity Clerk said she is not answering any of these,
~ C/ / ~rZ~ :ouncil to review.
~ , Alvarez brought to Council's attention a.. lawsuit
: the City which should have been referred-to the
)ved from the trial calendar and then a new complaint
laint. He has contacted the insurance carrier, explain-
) take charge of this litigation. He has not yet
ime, the lawsuit has to be defended. He asked if anyone
~~. the insurance carrier and the City Clerk said it was
..moO . V""~' __'n.... he did not see why the insurance company will refuse
to defend the City but wants authorization in case they do not want to undertake the defense
he would like to cross claim. Councilman Spencer moved that the City Attorney be so
directed. Councilman Asting seconded the motion. There was a discussion regarding the.
original complaint and the amended complaint. Motion CARRIED 5-0.
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The next item was a letter from Attorney Paul Katz who represents J. C. Carder and telllng
the City that the subdivision ordinance contains a provision requiring a 5% donation of .
land or money and that the prior commission was advised in an open meeting that the
ordinance was invalid and that the extraction of land' and money thereunder would be
unconstitutional. City Attorney Alvarez said he will be contacting the former City
Attorney on this matter, and he is not prepared to comment tonight but will submit a
memorandum of law to Council and will try to get an extension of 30 days.
City Attorney Alvarez said they are also facing a potential challenge on an ordinance
from Eastern Shores and they say the ordinance is not applicable to their client because
of promises made by Council back in 1975 to the then owners of Eastern Shores. He
will bring this to Council and hopes to avoid litigation but said we do need to look at
the impact fee and the 5% and update.
City Attorney Alvarez distributed to Council a draft of the proposed oplnlon of the
Ethics Commission on the question regarding Councilwoman Bennington and her husband
serving on a board. He said as of this date the Commission met in Tallahassee and the
draft is the official ruling of the Commission. He said the bottom line of the decision
is the fact that the Council member's spouse was involved in determining or recommending
of the Planning Commission does not indicate that a measure upon which the City Council
member would vote would inure to her special private gain or the special gain of a
principal by whom she is retained. In another opinion, the Commission advised no voting
conflict of interest would be created if a county commissioner voted on a recommendation
of a committee of which he was a member, unless he had a personal interest so as to
benefit himself or a principal by whom he was retained as a result of his vote. He
asked the Commission's opinion on the ordinance he'd prepared announcing a voting conflict
before the vote was taken and they have no objections and this ordinance will be ready for
passage at the next meeting.
On the motion from Councilman Ledbetter to ask the City Attorney whether or not the
situation presented by the language in the labor agreements which addresses the merit
board was a situation that will permit the employees to receive their merit increases
and also the 5%, this was a fact of question and not really a question of theory of law.
Since this matter is an urgency to the City because a freeze has been placed on raises,
he checked orally throughout the state and they confirm his research that given the
language that is present in the agreements, given the past practices that merit increases
had been given, and given also the fact that money was budgeted for merit increases,
and the fact that the bargaining agent for the City said that the bargaining employees
were told they would be receiving merit increases and they bargained upon this assumption
and expectation, the City has little choice then to proceed with the merit increases
and the matter should be re-visited when it's time to negotiate again and have a
different deal for the City.
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Special Council Meeting Minutes
Ma rch 10, 1983
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Councilman Spencer moved that the Building,Official be hired as a City employee and
not on a contract. Councilwoman Bennington seconded the motion. ,Councilman Ledbetter
said there is no appropriation for hiring and you have to take into consideration the
salar~, retire~ent, insurance, social security, to know the amount of money we need.
Councl1man Astlng asked the City Clerk to prepare a statement as to how much we would
have to pay in fringe benefits to a 'Building Inspector who is a City employee and we
can arr;-ve at a salary when that figure is determined. Councilman Spencer said he feels
this will provide more direct responsibility for the City if the individiual is a City
employee. f~ayor f~cKillop stated if the man is a City employee he'll expect a. vehicle
and mileage reimbursement and this would also be an additional cost which he-'would like
figured in the cost estimate also." Councilman Asting said we should find-out how much
we paid Charlie Murphy yearly while he's been with the City. Councilman Ledbetter stated
you have to figure a secretary for the Inspector. Mayor f~cKillop asked that the motion
be delayed until the cost figures and other data is available. Councilman Spencer with-
drew his motion. Councilwoman Bennington \~ithdrew her second.
Board of Governors - Councilwoman Bennington stated this point was raised earlier and tha
this was tabled as a package item and this was brought back as a single item and she
feels it should be brought back as an entire package. Council agreed to this.
Mayor McKillop asked if he could put an item on the next regular meeting's agenda.
He had' passed out a resume' to Council and would like to present it at next meeting.
NEW BUSINESS.
Councilman Jack Spencer - Loan for Street Paving - Councilman Spencer had given Council
members a note and he feels they should consider negotiating for a loan. In anticipation
of receiving the portion of the cost for the assessments, May, Zima had suggested in
March we should consider this loan. Councilman Asting did not feel this is an immediate
problem and the longer the money is kept in cD's, the more interest we will get. There
was a discussion about the bills yet to be paid and the present cash balance. Councilman
Ledbetter questioned the authority to borrow this money as he doesn't think the State law
will let the people of Edgewater go out and borrow money on this situation. Councilman
Asting noted the Water &. Wastewater Department has $110,000. earmarked for the pilot
. sewer program which is not active and this money could be used to help with the paving.
.' Councilman Ledbetter stated you cannot intermingle the revenue fund. money and general gov-
ernment money. Councilman Asting felt as long as we h?ve money constantly going into
our sinking fund, that is restricted, and cannot be touched for anything but the enterpris
fund and the money for the pilot sewer program can be used. Mayor McKillop said he has
had a problem with the cash statements because they do not state what percentage of
revenue has already come into the City and when the franchise is due into the City
and he doesn't know what the expenses are anticipated to be over the next two or three
months. They give a picture of how funds sat on March 2nd. He feels with a little fore-
casting they should be able to get a picture of what things will be like in 60, 90, or
120 days. Councilman Ledbetter referred to the money left over from last year's budget.
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Merit Pay Plan and Employee Evaluation Form - Councilman Spencer moved to.remove from the
table the employee evaluatlon torm. Councl Iman Ledbetter seconded for discussion.
Motion CARRIED 5-0. 'Councilman Spencer asked this be removed from the table because of
the City Attorney's earlier'decision that the'City is obligated to honor merit raises.
He wants the evaluation form returned to the Merit Board with a request that they develop
an employee merit plan and present this to Council for approval bec~use there is no
uniform merit plan. He moved to request the Merit Board prepare a merit plan for Council
approval and re-submit their. evaluation form at the'same time. Councilman Ledbetter secor!
the motion. Motion CARRIED 5~O.
The City Clerk asked Council if they can meet with the Merit Board on the 23rd. All
members agreed to attend.
Councilman Ledbetter asked the City Attorney about the City Manager giving supervisory
positions without resolution or ordinance or Council information and could it be in line
to abolish those positions unless backed up by ordinance or resolution. City Attorney
Alvarez added or any kind of collective"bargaining. Councilman Ledbetter-moved that
the City'Council abolish 'all jobs created by the former City ~~anager as supervisors
without any conflict with the collective 'bargaining agreement~ . City Clerk Nancy Blazi
said all your supervisors are members of the collective bargaining unit so where does
that leave it. .. Councilman Asting asked if they are all members and the City Clerk said
all but about two.' Councilman Ledbetter added unless backed up by an ordinance or
resolution. The City Clerk asked him if he meant to re-classifysince management has
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Special Cou.ncil ~jeeting ~1inutes
~1arch 10, 1983
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that right. C~uncilman Ledbetter said you can roll those people back into the work
force: Councilwoman Bennington seconded for discussion. Councilman Spencer felt this
is arbitrary as some supervisory positions we should be able to abolish and some could
be retained and he prefers considering them on an individual basis as they review depart-
ment heads. Councilman Asting asked if there are only two supervisors who aren't part
of the ba'rgaining unit. The City Clerk said she thought so. Councilman Asting said then
there would be only two falling into that category. Councilman Ledbetter reviewed the
count of the supervisors in the Public Works Department. Mayor McKillop felt we should
cover this at the department head meetings to give them a chance to respond.' -Council-
woman Bennington said we only had two department head reviews but she feltwe could do
it as a blanket and then reconsider as the department comes up. Motion CARRIED 3-2.
Councilman Spencer and Mayor McKillop voted NO.
Councilman Ledbetter moved to adjourn then withdrew his motion.
May, ZimaComputer Software Agreement - It was asked to have this presented at the
department head review for Finance and Administration.
Appointing Member to Board of Adjustment - Councilman Spencer nominated Dave Severance to
the Board of Adjustment, and stated that Mr. Severance does car pool with Mr. Robert
Garthwaite, another member of the Board of Adjustment. He brought up this fact with the
City Attorney to see if it created a problem with the Sunshine Law and the City Attorney
advised him that it's probably okay but the City Attorney will contact the State Attorney
General to make sure it is okay. Councilman Ledbetter seconded. Councilman Asting
nominated George Quaggin for appointment to the Board of Adjustment. Mayor McKillop
seconded. .Councilwoman Bennington moved to close the nominations. Councilman Spencer
seconded the motion. Roll call on motion to appoint Dave Severance was 3-2. Councilman
Asting and Mayor McKillop voted NO.
Councilwoman Bennington moved to adjourn' the meeting. Councilman Ledbetter seconded the
motion. Meeting adjourned at 10:58 P.M.
Minutes submitted by:
. "Lura Sue Koser
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MAYOR
COUNCILMAN - ZONE ONE
COUNCILWOMAN - ZONE TWO
COUNCILMAN - ZONE THREE
COUNCILMAN - ZONE FOUR
ATTEST:
CITY CLERK
Approved this
day of
, 1983.
MAYOR
-8- . Special Council Meeting Minutes
March 10, 1983
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