General Counsel Commission

MINUTES GENERAL COUNSEL COMMISSION REGULAR MEETING OF FEBRUARY 13, 2025 Present: Council Member Blackwell, Council Member Nocera, Council Member Salafia, Council Member Sweeney, and Council Member Pulino. Staff: Deputy General Counsel Kori Wisneski, HR Director Justin Richardson Public: Brian France 1. Call to Order: Meeting was called to order at 6:31 p.m. 2. Public Comment: Brian France, President of Fire Local 1073, spoke about item 4A regarding Connecticut's new paid sick leave law. He highlighted that the law provides 40 hours of sick leave, which can be used in one-hour increments without requiring a doctor's note. He noted that this conflicts with their current contract but that the law allows these 40 hours to run concurrently with contractual sick leave while still following state regulations. France emphasized that they negotiated in good faith with the city to ensure the sick leave plan aligns with the law while maintaining efficient department operations. 3. Approval of Minutes Council Member Pulino made a motion to approve the November 14, 2024, Regular Meeting Minutes, and Council Member Sweeney seconded the motion. During the approval of the meeting minutes, minor corrections were discussed. One typo was identified in the ordinance section under new business, where "state level" was mistakenly written as "stat level." Additionally, a formatting issue was noted where an item under adjournment was incorrectly labeled as "B" instead of being numbered as item five. These corrections were acknowledged, and with those amendments, the minutes were approved unanimously. 4. New Business A. Fire Local 1073 CT Paid Sick Leave MOU Attorney Wisneski provided an overview of the Connecticut Paid Sick Leave Law, which went into effect January 1, 2025. The discussion regarding the Fire Local 1073 Connecticut Paid Sick Leave Memorandum of Understanding (MOU) focused on aligning the department’s policies with the newly enacted state law. Attorney Wisneski explained that the law, effective January 1, requires all qualifying employers, including municipalities, to provide 40 hours of paid sick leave per benefit year. Since the fire department already provides at least this amount, the main concern was compliance with the law’s specific conditions, particularly allowing sick leave to be taken in one- hour increments. This requirement conflicted with the fire department’s existing collective bargaining agreement (CBA), which mandates sick time be used in larger blocks, such as full or half-day shifts. To address this, the city and the union engaged in impact bargaining and drafted the MOU. Key provisions of the agreement include: 1. Firefighters must designate which bank of time (CT Paid Leave or contractual sick leave) they are using, and their choice must remain consistent throughout a shift. 2. If a firefighter uses CT Paid Leave for a day shift and intends to take the night shift off, they must use either CT Paid Leave or regular sick leave for both, rather than mixing with vacation time. 3. The city cannot require a doctor’s note for the 40 hours covered under CT Paid Leave. 4. Minimum staffing requirements still apply, meaning that if a firefighter takes even one hour off, a replacement must be called in, triggering a two-hour minimum callback. 5. A clause was included to revert back to the previous CBA terms if the law is repealed or modified for emergency responders. The financial impact of the MOU remains uncertain, as it depends on how frequently the one-hour increments are used and the associated costs of minimum staffing replacements. The resolution was approved to be sent to the Common Council, with a recommendation to also review it in the Finance and Government Commission for further fiscal assessment. Council Member Blackwell made a motion to approve MOU and Council Member Nocera seconded the motion. The motion passed with Council Member Pulino not voting. 5. Old Business A. Recruitment Efforts Director Richardson highlighted recent activities and challenges in filling vacancies. Due to winter weather and internal staffing adjustments, January was a slower period for recruitment. However, staff attended networking events and lectures focused on community transformation and diversity recruitment strategies. Some of the recruitment initiatives included: 2   Participation in a Shade Lecture in West Hartford, which provided networking opportunities and recruitment strategies.  Planning for a Women’s History Month panel discussion at Middlesex Community College on March 28.  Engagement in Black History Month activities, including a presentation by historian Rita Wagner.  Attendance at a lunch and learn event focused on community health and self- care, with the goal of incorporating findings into workplace programs. Council members expressed interest in seeing how these outreach efforts translate into actual hiring, particularly for essential service positions. B. Baker Tilly Updates The discussion on the Baker Tilly classification and compensation study focused on its progress and the steps remaining before finalization. The review process is currently in Phase Two, where unions are examining job descriptions for accuracy after supervisors completed their reviews in Phase One. While UPSEU has completed its review, raising concerns about job education and experience requirements, AFSCME Local 466 is still reviewing its descriptions, facing delays due to manually transcribing handwritten edits. They requested two more weeks to finalize their feedback. In Phase Three, the city will meet with unions and department heads to resolve any outstanding concerns before moving to Phase Four, where finalized job descriptions will be sent to Baker Tilly for evaluation. The firm will use its SAFE evaluation program to score positions and assign appropriate pay grades based on duties and qualifications. Although the city initially anticipated the union review process would take about a month, delays have extended the timeline. Council members stressed the importance of completing the study efficiently while ensuring fairness in job classifications and pay structures. C. Vacancy Report The discussion on the vacancy report focused on the high number of unfilled positions, particularly in public works, water and sewer, and central communications. Council members expressed concern that vacancies in these essential departments could impact city services and potentially increase overtime costs. Director Richardson explained that some vacancies resulted from retirements, causing a ripple effect of backfilling positions, while others remained unfilled due to a lack of qualified internal applicants, requiring external recruitment. The hiring process has been delayed in some cases due to winter weather, which affected scheduling for practical examinations. A significant concern was raised about positions in the water and sewer department that have remained vacant for an extended period. Some roles were listed as "waiting 3 for requisition from the department head," leading to questions about whether budget constraints or lack of necessity were preventing them from being filled. Council members suggested that the mayor should address this issue with the department head to determine if these positions are still needed. Additionally, two positions were noted as being budgeted at only $1, indicating they were not funded, leading to further discussion on how vacancies are defined. Some council members recommended that if certain long-term vacancies are no longer necessary, they should be removed from the budget. The conversation emphasized the importance of clarifying hiring priorities, addressing bottlenecks in the process, and ensuring departments have the necessary staffing to maintain city services. 6. Adjournment Council Member Nocera made a motion to adjourn and Council Member Sweeney seconded the motion. The motion passed unanimously. 4