City Attorney Performance Evaluation Committee

City Attorney Evaluation Committee City Hall – Conference Room 302 A 10 N. Division Battle Creek, Michigan February 11, 2008 10:00 A.M. Commissioners Present: Mayor Behnke, Comm. Hersha, Comm. Baldwin Commissioners Absent: None Others Present: Wayne Wiley, Clyde Robinson, Russell Claggett, Comm. Simmons, Dee Laser Call to Order: Comm. Hersha called the meeting to order at 10:00 A.M. Comm. Hersha asked about the City Attorney’s status. Clyde Robinson stated he signed a contract with the City of Kalamazoo as its new City Attorney. He anticipated action on the contract this evening by the Kalamazoo City Commission and that he would like his start date to be on or before March 17, 2008. There was discussion regarding the following two topics: 1. In lieu of health care – with HIPPA qualifying event - could opt back in. 2. City Attorney’s last day of work with the City of Battle Creek Attorney Robinson indicated that constructive notice was given to the Battle Creek City Commission when he became a finalist on January 8th. Mayor Behnke remarked that the City Attorney’s position is unique with a 13-week separation clause unlike the City Manager’s 6-month severance clause. He did not know if Paul Levy gave a 13-week notice. He felt it was not unreasonable that Attorney Robinson could opt back into the City’s health care program with a HIPPA qualifying event. Commissioners Baldwin and Hersha agreed. Mr. Robinson anticipated enrolling in Kalamazoo’s health care plan and that Battle Creek’s program is a safety net for his family. Mr. Claggett stated it is not unusual to have this type of contract and explained that Mr. Robinson will have a limited window of 5 years where he will be allowed to come back into the insurance plan. Currently, he is eligible to retire and would get $200 per month towards the premium; the City would just suspend that. If he does opt back into the plan, 1 he would be eligible for the $200 at that time. If he should die, then the amount drops down to $80 a month that his spouse would be entitled to. Comm. Hersha inquired about the vacation time that Mr. Robinson has to cash out. Mr. Claggett said that vacation time can be a negotiated item. A non-represented employee can carry over an additional year of vacation with the approval of the City Manager. Since 1983, non-represented employees have been allowed to carry over accrued vacation time without a cap. The practice of the City lists vacation hours accrued and earned, and it is not subject to forfeiture. Comm. Hersha asked Mr. Robinson what his end date would be. Mr. Robinson was prepared to work through March 14, 2008, as he would like to assist the Board of Review during the week of March 11th. In consideration of the Board of Review, he asked the City of Kalamazoo to move the start date to the 17th. When he became aware he was a finalist, Mr. Robinson stated he provided notice to the City Commission. He asked for a waiver of the 13-week severance clause and didn’t believe any necessary harm would come to the Commission by leaving sooner. Comm. Baldwin stated she would rather resolve the City Attorney position as comfortable as possible and was willing to forfeit a few weeks vacation. In the past, when an employee left the City, Mr. Claggett stated all vacation was reflected in the final average compensation. MERS changed rules in 2006. Currently, Mr. Robinson can place 720 vacation hours into MERS towards his final average compensation. All new hires in the non-represented classifications earn only 5-weeks vacation after 20 years. Comm. Baldwin stated she thought the City Attorney and City Manager contracts should be similar in structure. Mayor Behnke asked if the Committee would consider receiving Mr. Robinson’s resignation notice as of January 7th. Mr. Claggett said it would be 10 weeks notice from January 7th to March 14th. The Committee could suggest proposing to Mr. Robinson that in lieu of waiving the 13-week severance, Mr. Robinson could forfeit vacation time for the remaining three weeks. Comm. Hersha felt the Commission would be comfortable accepting these terms. Mr. Robinson said in exchange for waiving the 13-week notice, the Commission would ask for 120-vacation hours to be removed from his vacation bank. 2 Mr. Claggett suggested an agreement where Mr. Robinson would have the ability to opt back into the City’s retiree health care program and purchase a waiver of his 13 weeks severance with 120 hours of vacation. Mr. Robinson envisioned his contract would be subject to a severance agreement that would basically say that in exchange for reducing his vacation bank by 120 hours, there would be a waiver of the13 week notice and he would be permitted to opt back into the retirement health care plan. If the City Attorney Search Committee appoints an Interim City Attorney, Mayor Behnke asked Mr. Robinson to share as much information with the Interim City Attorney until his last day of work. Mr. Robinson felt that the Committee was taking a fair approach. The City Manager should be congratulated because he has taken some steps recently to try to change what has been past practice. It is hard to take a vacation, especially when you have 6 weeks and it is expected by the Commission that the City Attorney will be present at all Commission meetings. Comm. Hersha thanked the City Attorney for his distinguished service. A motion was made by Mayor Behnke, supported by Comm. Baldwin, to consider January 7, 2008, the date of resignation notice by Mr. Robinson in lieu of a 13 week advance notice, and that his resignation date be March 14, 2008, by sacrificing 120 vacation hours in a severance agreement along with the opportunity for Mr. Robinson to opt back into the City’s health care plan with a HIPPA qualifying event. All yes. Motion carried. Mr. Robinson suggested that the City bring the City Attorney’s and City Manager’s contract more in line with each other. Public Comment: None. Adjournment: The meeting adjourned at 10:55 A.M. DAL/jg 3