City Council

August 7, 2017 The City Council of the City of Idaho Falls met in Special Meeting (Council Work Session), Monday, August 7, 2017, in the Council Chambers in the City Annex Building located at 680 Park Avenue in Idaho Falls, Idaho at 3:00 p.m. Call to Order and Roll Call: There were present: Mayor Rebecca L. Noah Casper Councilmember Michelle Ziel-Dingman Councilmember David M. Smith Councilmember Ed Marohn Councilmember Barbara Ehardt Councilmember Thomas Hally Councilmember John B. Radford Also present: Dave Coffey, Deputy Fire Chief Eric Day, Division Chief Pamela Alexander, Municipal Services Director Ryan Tew, Human Resources Director Holly Cook, Temporary Assistant to the Mayor Kerry Hammon, Public Information Officer Randy Fife, City Attorney Kathy Hampton, City Clerk Mayor Casper called the meeting to order at 3:02 p.m. with the following agenda items: Acceptance and/or Receipt of Minutes: It was moved by Councilmember Marohn, seconded by Councilmember Hally, to receive the recommendations from the Planning and Zoning Commission pursuant to the Local Land Use Planning Act. Roll call as follows: Aye – Councilmembers Hally, Marohn, Radford, Dingman, Smith, Ehardt. Nay – none. Motion carried. Calendar, Announcements and Reports: Mayor Casper stated a groundbreaking ceremony was recently held regarding the Broadway project. She recognized the efforts of Dana Briggs, Economic Development Coordinator; and Brad Cramer, Community Development Services Director and Executive Director for the Idaho Falls Redevelopment Agency. August 8-9, Intermountain Energy Summit August 10, Groundbreaking for the Naval Spent Fuel Handling Facility, which will replace the original outdated facility. August 10-12, Roaring Youth Jam August 10-13, Sho-Ban Tribes summer festival August 12-16, Utah Associated Municipal Power Systems (UAMPS) August 14, Police Chief Bryce Johnson first day with the City August 17, Public Hearing for the budget August 18-21, Eclipse weekend, and Great Snake River Greenbelt Duck Race August 22, Council Work Session, which has been rescheduled due to the eclipse August 23, Council Budget Session August 24, Council Meeting Mayor Casper briefly reviewed previous discussion regarding issues and mutual concerns from the June 5 Special Meeting with Bonneville County. She stated focus has been occurring on four (4) time-sensitive/priority items, and she gave an update on each item as follows: Magistrate Courts funding of $450, 000, this amount has been placed in budget; joint aerial flights for GIS data gathering, Public Works Director Chris Fredericksen did not recommend at 1  August 7, 2017 this time and was not budgeted as an item for the upcoming fiscal year; land transfer of the 4H Building and the 911 Dispatch Center, discussion is occurring between Councilmember Smith and Commissioner Bryon Reed; and, the Law Enforcement Building (LEB), discussion is occurring with Councilmember Dingman and the Police Department. Mayor Casper stated the remaining items will be reviewed in the near future. Councilmember Hally reminded the Councilmembers to submit any recommendations for benefit policy changes to Mindy Moore, Human Resources Analyst. Councilmember Marohn had no items to report. Councilmember Smith stated there is a fundraiser for domestic violence occurring on August 11. Councilmember Ehardt had no items to report. Councilmember Radford stated Movies in the Park will be occurring on August 11. Brothers Osborne will be performing during the eclipse weekend at Sandy Downs. Councilmember Dingman announced Sergeant Jeremy Galbraith has been promoted to lieutenant in the Police Department. Approval: Supplemental Ambulance Service Agreement with Jefferson County: Deputy Chief Coffey stated the City currently has as agreement with Jefferson County to provide Advance Life Support (ALS) and transport services. He stated in anticipation of the eclipse, traveling and transport to and from Rigby may be difficult during the eclipse weekend. Deputy Chief Coffey indicated per conversation with Jefferson County, it was requested by the County to have a supplemental ambulance available for 36 hours with costs provided by Jefferson County. Councilmember Marohn stated the current agreement would still be in effect. Division Chief Day stated the timeliness for the approval of this agreement will allow adequate time to obtain approval from the Rigby Councilmembers as well. After brief discussion it was moved by Councilmember Marohn, seconded by Councilmember Radford, to approve the Supplemental Ambulance Service Agreement with Jefferson County. Roll call as follows: Aye – Councilmembers Marohn, Dingman, Ehardt, Hally, Radford, Smith. Nay – none. Motion carried. Grand Teton Council Lease Approval Discussion: Director Alexander stated per the City’s agreement with the Grand Teton Council, any sub-lease requires Councils approval. Due to this item being tabled at the July 13, 2017 Council Meeting, additional discussion was requested regarding any legal concerns. Councilmember Marohn questioned if the Boy Scouts of America (BSA) were currently located in the building due to the relocation of the main headquarters. Mr. Fife clarified the purpose of lease is for the BSA to allow BSA activities, including sales, meetings, etc. If these activities are not occurring, the scouts may have breached the agreement. If these activities are occurring, the Council would need to approve any sub-lease which must relate to the purposes of lease. Mr. Fife believes the BSA has a presence in the building with activities related to their lease. Director Alexander stated the sub-lease request is only for a portion of the facility for one (1) year and any renewal of a sub-lease must also be approved by Council. She stated the Grand Teton Council lease was approved in 2008 and will expire in May 2033. Councilmember Marohn expressed his concerned regarding long-term leases which may bind future Councilmembers. Councilmember Dingman concurred. Mayor Casper stated the City is moving to shorter term leases overall. Councilmember Ehardt believes the original intent of the lease is not currently occurring and believes the City use of the building could be an asset to the City. Mr. Fife indicated the Council can deny the request if they believe it is not compatible with the use. He reviewed the Use of Premises as contained in the lease agreement. He stated the City could be taken to court by the BSA for any costs incurred regarding the proposed sub-lease if the Council denies the request. Councilmember Marohn expressed his concern for taxpayer perception and the financial accountability of City assets. Mayor Casper stated previous discussions have occurred regarding the building and use of the building. Director Alexander stated an evaluation was previously performed on the property and, at that time, the Council was not interested in obtaining the property. Councilmember Smith stated the City owns the land and the City will own the building at the end of the lease. He does not believe the sub-lease promotes the mission of the BSA, nor does he believe the sub-lease meets the mission of the City. Councilmember Hally suggested the BSA lease be re-written. Mr. Fife stated any reasonable reasons for denial could be included in a motion. After further discussion and general comments, it was decided this item will appear on the August 24 2  August 7, 2017 Council Meeting agenda. NOTE: Per Clarke Farrer, Grand Teton Council Director, the Grand Teton Council withdrew the sublease request on August 10, 2017. Priority Based Budgeting Presentation: Mayor Casper stated the consultants for Priority Based Budgeting (PBB) presented to Council in 2014 to establish the City’s governing and priority results. She indicated the PBB process has been delayed for various reasons. Director Alexander presented the following with general discussion throughout: Process of PBB:  Development of community-oriented and governance results – the ‘bubbles’  Program inventory – programs or services  Score to basic program attributes and community-oriented results – scoring 0-4, depending on “essential to the result”  Position, operating and revenue budget allocation to programs – allocates costs and revenues  Peer review – serves as the quality control or validation of the individual departments scoring of their programs to the defined Community Results and/or Governance Results. Director Alexander stated a variety of staff members participated in the Peer Review process.  Quartile assignment based on scoring  Review results and discussion Community-Oriented Results (external) include: Safe and secure community Access to a variety of life-long learning opportunities Livable community Economic growth and vibrancy Environmental sustainability Well-planned growth and development Reliable public infrastructure and transportation Good Governance (internal) includes: Attracts, develops and retains a high-quality, engaged and productive workforce Fosters innovative and sound fiscal management and enables trust and transparency Protects, manages, optimizes and invests in its human, financial, physical and technology resources Assures regulatory and policy compliance to minimize and mitigate risk Provides responsive and accessible leadership, focused on community priorities Supports decision-making with timely and accurate short-term and long-range analysis Director Alexander briefly reviewed the quartiles results for Peer Review Community-Oriented for the 1452 programs (services) identified: a total of 613 programs were considered to be of a higher relevance to the community- oriented results; 620 programs were considered to be of a moderate relevance; and, 219 programs were considered to be of a lower relevance. Summary of Peer Review Comments:  All maintenance-related activities should be combined  All class-related activities should be combined  There was duplication of more than one department claiming ownership of a program  Some program descriptions were not completed and/or need to be rephrased by the department  One department was consistently identified as over-represented in the community-oriented results  Mandated programs should be scored as essential across the board  We need to take care of what we have first, before we develop more programs (in reference to programs that involved aquatics, recreation center and civic auditorium) 3  August 7, 2017 Director Alexander briefly reviewed the quartiles results for Peer Review Good Governance for the 152 programs (support) identified: 104 programs were considered to be of a higher relevance to the governance results; 25 programs were considered to be of a moderate relevance; and, 23 programs were considered to be of a lower relevance. She stated portals are currently being developed for Spending on Governance and Community Programs, Community Spending Across Departments, Governance Spending Across Departments, and, Budgeting. She stated all portals will be available through the website. She briefly reviewed the features of the portals on the website, stating the portals are spreadsheet-data driven. Next steps will include:  Development of 2017/18 budget to include: o Review, refine, modify programs o Review, refine and reallocate position and non-position costs based on adopted 2017/18 budget  Refinement of PBB tool using 2017/18 data for 2018/19 budget o Refine community-oriented and governance results Brief discussion followed regarding a timeline for community participation and involvement. Mayor Casper believes any new Councilmembers should review the Results for needed adjustments prior to community participation. Employee Protections and Human Resources (HR) Best Practices Presentation: Mayor Casper stated this presentation is one of several discussions regarding the proposal of the Fraternal Order of Police (FOP) becoming a union. She indicated, due to the rescission of the Civil Service System, there was concern regarding employee protections. She stated protection applies to all City employees, which are addressed in City and State policies. Mayor Casper then turned the presentation to Director Tew. Director Tew stated existing employee protections included in the Personnel Manual provide rules, expectations, and pay structures. The Personnel Manual specifically states this is not a contract although there is the right to change the manual for additional employee protections. However, a Collective Bargaining Agreement is a contract and can only be changed through negotiations. Director Tew stated the Personnel Manual is ‘At-Will’, indicating the employer has the right to terminate an employee at any time as well as the employee has the right to terminate their position with their employer at any time. He stated ‘For Cause’ states there has to be a cause in order for an employee to be terminated. He indicated At-Will protection is ICRMP (Idaho Counties Risk Management Program) recommended due to possible litigation as a protection to the City as well as taxpayers. He briefly reviewed the Federal Employment Laws including: Fair Labor Standards Act; Equal Pay Act; Civil Rights Act of 1964; Age Discrimination in Employment Act; Vocational Rehabilitation Act; Americans with Disabilities Act; Civil Rights Act of 1991; Uniformed Services Employment and Reemployment Act; and, Employee Retirement Income. Director Tew also reviewed additional employee protections including: due process; discrimination and harassment; recruitment and promotions; disciplinary actions and terminations, including progressive discipline; grievance procedures; and, other avenues for employee concerns. Discussion followed regarding disciplinary documentation and training of employees. Director Tew indicated the grievance procedures outlined in the Personnel Manual are much broader than the previous Civil Service System or the Firefighters Union. He briefly reviewed the grievance procedures process. Other avenues for employee concerns include Human Resources, the Equal Employment Opportunity Commission (EEOC), and/or the Department of Labor. Director Tew stated current issues for consideration within the Police Department include Fire Department comparison; Pay for Performance; low turnover (Councilmember Marohn believes there is low turnover with all City employees); and whether a union is the correct answer. Director Tew indicated there are many variables with becoming a union and he believes a union does not fix relationships, a union does not raise morale, and a union can be difficult to control. He stated of the ten (10) largest Idaho cities, five (5) of those cities have a collective bargaining unit, and five (5) cities do not. None of the cities have a Civil Service System. He indicated he individually contacted the Police Chief from each of these other cities regarding unions and best practices and shared several comments. Comments from those cities without unions: unions bring an adversarial culture, are more costly, are more detrimental, and creates a sense of entitlement. Comments from those cities with 4  August 7, 2017 unions: been very costly to the City, will lose the ability to manage and lead, and will not fix morale although a union could put additional responsibility on the officers. Director Tew stated HR best practices include: employer/employee obligations; leadership and training support; listening; communication (including employee focus groups); competitive pay and benefits; training (specifically leadership and supervisory training); hiring (and promotions); accountability; chain of command and proper channels (for grievances); and, utilizing the Human Resources Department. General discussion and comments followed. Director Tew indicated communication is his highest priority at this time. Mayor Casper believes there needs to be a balance when listening to complaints from officers and employees. It was commented that Councilmembers should not be involved in day to day employee operations as employees should follow the chain of command. Councilmember Radford believes unions have played an important role through the history of time and believes there should be a balance. Mayor Casper stated additional discussion will occur at the September 25 Work Session regarding unionization. There being no further business, the meeting adjourned at 6:13 p.m. s/ Kathy Hampton s/ Rebecca L. Noah Casper CITY CLERK MAYOR 5