General Counsel Commission

MINUTES GENERAL COUNSEL COMMISSION SPECIAL MEETING OF OCTOBER 29, 2024 Present: Council Member Blackwell, Council Member Nocera, Council Member Salafia, Council Member Sweeney (arrived during public comment), and Council Member Pulino. Staff: Deputy General Counsel Kori Wisneski, and HR Director Justin Richardson Public: Chief of Staff Bobby Peterson, Nick LaRosa, Deb Gill, Faith Jackson, Linda, Harry Bird 1. Call to Order: Meeting was called to order at 6:30 p.m. 2. Public Comment: Deb Gill explained that she has served on numerous labor management committees for the city as the neutral person. She explained that everything is done by the union contract. She explained the process: The committee receives the application, interviews the applicants, and then the committee decides to go forward with review or to not move forward. Once Justin reviews and the decisions are made, the committee votes again to approve. She explained that the Council cannot go against the contract and overrule the committee. Nick LaRosa, Local 466 Chapter C President of City Hall, spoke on the position of Equal Opportunity Specialist. He read from a statement by the E-Board, which he passed out to the commission. He explained that part of the CBA process was broken regarding this position. He spelled out the labor management process from the CBA between Local 466 and the City. He explained that the only time the director should have had impact on this process was during the department head review and comment. With additional input from the director, it has inadvertently created an uneven playing field for other union members who have previously gone through the process. He asked that the commission pass the position in the affirmative as originally submitted and abide by the negotiated CBA. Faith Jackson, Director of Equal Opportunity and Diversity Management, spoke regarding the Equal Opportunity and Diversity Specialist position. She explained that although the meeting with the Director of HR and the union will not result in a positive outcome, it is a step in the right direction. In order to ensure the guidelines are not all being violated by the labor management process, the position will have to go through another appeals process and the job description will be voted on with the new title, all new essential duties, and no salary change. She explained that based on her meeting with the union and HR Director, responsibilities were clarified, but the timing of this clarification is not in accordance with the contract and, therefore, there is no opportunity for an upgrade during this labor management process. Director Jackson asked the 466 union to explain to the employee what the recourse will be to get this position upgraded to receive equitable pay for the job. 3. Approval of Minutes Council Member Nocera made a motion to approve the meeting minutes and Council Member Sweeney seconded the motion. Council Member Blackwell mentioned a typo on page 1 in the third paragraph, to add an “ed” at the end of interview. The motion passed with 4 in the affirmative (Blackwell, Nocera, Sweeney, and Salafia). Council Member Pulino did not vote. 4. New Business A. 466 Labor Management 1.Executive Summary Director Richardson read his executive summary to the Commission. He explained that the report intended to provide the Common Council with a summary of the process and the outcome of the review of the currently tabled position. He explained that on July 25, 2024 the General Counsel Commission met to review the 2024 466 Labor Management process. At the meeting, the Commission voted to table the reclassification of the Administrative Secretary II- Equal Opportunity position to Equal Opportunity and Diversity Specialist due Director Jackson’s comments during public comment. During the meeting, Director Richardson stated he expressed his concerns about the director providing input at this late stage and that this input would have negative impacts on the process, the union, and its members. He explained that at the August 19, 2024 meeting, the council voted to unanimously table the item. On September 17, 2024, Director Richardson explained that he met with Director Jackson, Kelly Robinson, James Santoro, and Nick LaRosa to discuss the item and review the step by step analysis of how grade assignments are generated within our maximus classification plan. At this meeting, Director Jackson provided additional information not listed in the employee’s application. Director Richardson further explained that bringing this position back to the committee for review based on external involvements is a breach of the contractual language. Council Member Blackwell questioned what appeal Director Jackson was speaking on during public comment. Director Richardson explained that labor management process is not subject to appeal, but was not sure what Director Jackson meant. Attorney Wisneski thought Director Jackson was talking about filing a new labor management appeal the next time she can do so. More discussion ensued regarding this position being brought before labor management six times in ten years. Council Member Blackwell suggested providing a list of all the people who put in applications versus those that were selected and to maintain that going forward. Director Richardson agreed to provide the list. 2  2.Job Description – Equal Opportunity & Diversity Specialist Council Member Nocera made a motion to approve the job description and Council Member Blackwell seconded the motion. The motion passed with 4 in the affirmative (Blackwell, Nocera, Sweeney, and Salafia). Council Member Pulino did not vote. B. Adjournment Council Member Nocera made a motion to adjourn and Council Member Salafia seconded the motion. The motion passed with 4 in the affirmative (Blackwell, Nocera, Sweeney, and Salafia) and the meeting was adjourned. Council Member Pulino did not vote. 3