General Counsel Commission

MINUTES GENERAL COUNSEL COMMISSION SPECIAL MEETING OF AUGUST 7, 2023 Present: Council Member Carta, Council Member Nocera, Council Member Salafia, Council Member Blackwell, and Council Member Marino. Staff: General Counsel, Brig Smith Public: Ed McKeon, Brianna Skowera 1. Call to Order: Meeting was called to order. 2. Public Comment: None 3. Old Business A. UPSEU Labor Management 1. Manager of Recreation Services 2. Director of Recreation Services 3. Clerk of the Common Council 4. Field Maintenance Manager 5. Assistant Field Maintenance Manager 6. Manager of Youth Services Council Member Salafia started the meeting by asking Attorney Smith if he listened to the July 25th meeting, which Attorney Smith replied no. He stated that he generally knows what transpired, saw the grievances and applications, understands MERA, and understands the charter. More discussion ensued regarding Attorney Smith watching the last GCC meeting. Council Member Marino stated that the grievance filed by the union states that the committee members refused to vote yet all they did was ask for more time and information. Attorney Smith explained that the role of his office is the give their best advice and he believes that was done at the last GCC meeting. Council Member Nocera explained that the Democratic caucus felt strongly that this should be untabled and move forward to Council. More discussion ensued regarding untabling this matter. Council Member Salafia asked Attorney Smith about when the 466 Labor Management would start and he replied that he would look into it and get back to her. Council Member Blackwell questioned Attorney Smith about the two positions and applicants that were not selected for the Labor Management process. She stated that she was never told the other two positions and individuals in those positions and that she was not clear about how the agreement was reached for six instead of eight. Attorney Smith explained that the administration negotiated with UPSEU and they both agreed upon six positions being brought forward instead of eight. Council Member Nocera made a motion to move all six positions forward to council for a vote, emphasizing that he would have to abstain one of the six because a family member was the applicant. Discussion ensued regarding Attorney Wisneski clarifying at the last meeting that at least one council member needed to sponsor a resolution before it is put on the council agenda. More discussion ensued regarding Council Member Nocera putting the positions on the Council agenda and Council Member Carta sponsoring the resolutions. It was then determined that no vote was needed in order for the resolutions to be placed on the agenda because they were already sponsored. A vote was taken to determine whether the General Council Committee would untable the resolutions and recommend Council support. Council Member Nocera made a MOTION to do so, which Council Member Carta seconded. The motion failed two to three. Council Member Blackwell asked Attorney Smith three questions. The first being who rewrites the job descriptions once an employee submits them, the second being who submits the job descriptions to the labor management committee, and the third being whether that person is also a voting member on the committee. She asked that he have answers to these questions for the Council meeting. 4. Adjournment: Council Member Nocera made a MOTION to adjourn and Council Member Blackwell seconded the motion. The meeting adjourned. 2