City Council

CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, JANUARY 11, 2006 4:30 P.M. PRESENT: Valerie Keehn, Mayor Commissioner John Franck, Accounts Commissioner Ron Kim, DPS Commissioner Matthew McCabe, Finance Commissioner Thomas McTygue, DPW ABSENT: Cheryl Keyrouse, Supervisor Joanne Yepsen, Supervisor STAFF PRESENT: Lynn Bachner, Deputy Commissioner Finance Michelle Boxley, Deputy Commissioner Accounts Frank Dudla, Deputy Commissioner, DPS Nancy Ohlin, Deputy Mayor Michael Englert, City Attorney CALL TO ORDER Mayor Valerie Keehn called the meeting to order at 4:30 p.m. PUBLIC COMMENT PERIOD No one spoke. MAYOR=S DEPARTMENT Executive Session - Outside Counsel Contract Mayor Valerie Keehn said this was a special Council meeting with executive sessions to discuss outside counsel on labor matters and for other legal matters. She explained that the existing labor attorney contract expired on December 31, 2005. There are some specific files relating to specific legal matters that the City Attorney needs to review. The City Attorney has not yet had the opportunity to review those files. Commissioner Thomas McTygue said the City Attorney had access to the files. He simply had to come down stairs to review them with his department. He said he was not amenable to copying personnel files. He has the personnel related documents not the legal documents that the City Attorney wanted. His department offered several times for the City Attorney to come down stairs and review the files. These are personnel files and was advised by attorneys that they should not be copied, distributed or released. Mayor Valerie Keehn asked if they were legal documents. Commissioner Thomas McTygue said they were personnel files. There is personal information, disciplinary material, commendations, etc. in these files. They will not leave the DPWs department. The City would be jeopardizing itself by copying and releasing personnel files. Commissioner Ron Kim questioned whether the Council was going to go into executive session. He said he was concerned about this matter and the Council needed to take a step back. He said Commissioner Thomas McTygue was correct in stating that personnel filed need to be handled in a particular manner, however, the City has a Human Resource Administrator. The files should not be copied. There needs to be a record maintained of who views files. Medical records should be kept separate from personnel records. There are confidentiality and privacy issues that need to be addressed. There seems to be a lot of personnel files spread around the building and there needs to be clear rules on where they are kept and Page 1 of 5 City of Saratoga Springs City Council Meeting Minutes Wednesday, January 11, 2006 how they are handled. Human Resources should be responsible for the files. The bigger issue is how the City develops its standards and then conforming to those standards. Commissioner Thomas McTygue said that there are two hearings pending on employee related matters and the City needs counsel to represent the City. The previous firm has done all of the preparatory work and he would like to use this firm to represent the City in these matters. If other departments want to use other firms, that was fine with him, however, the City needs assistance in these two disciplinary actions. Commissioner Matthew McCabe asked if there was an estimate on the amount of time and money that would be expended on these cases. Bill McTygue said it was difficult to project. The City has a strong case though and he hoped there would be resolution sooner rather than later. Mayor Valerie Keehn said she was not comfortable in voting on a matter that she had not yet been briefed on. Bill McTygue said these were ongoing matters. He said the charter did not transfer the obligation to deal administratively with employee grievances and labor related issues to the Human Resources Administrator. Those responsibilities clearly belong with each Commissioner. Mayor Valerie Keehn then read from the charter on the responsibilities of the Human Resources Department. Bill McTygue said the Human Resource Administrator is available to offer assistance to the departments. Each union contract has procedures to be followed for grievance procedures. In those procedures, they clearly state that it is the Commissioner or designee that handles disciplinary/grievance matters. Commissioners are tapped with that responsibility under employee contracts. Commissioners cannot be removed from this process. Mayor Valerie Keehn quoted the charter stating that Human Resources shall provide advice and coordinate grievance proceedings. Bill McTygue said that DPW does utilize the services of Human Resources, however, they do not transfer the obligation to administrate the grievance. Mayor Valerie Keehn said according to the charter, the City Attorney’s office shall coordinate and report on all legal matters. Bill McTygue said the issue this evening was engaging legal counsel. Commissioner Thomas McTygue said the City Attorney can come down to his office any time and review the files. He asked what was the problem with him coming downstairs. They have been arguing about this for two days and it was unnecessary. Commissioner Thomas McTygue asked Commissioner Ron Kim if he would release personnel files to the City Attorney. Commissioner Ron Kim said yes. Commissioner Thomas McTygue said there needs to be some resolution tonight on legal counsel for the two employee related hearing matters to be held on January 19. He said the files are not leaving his office and the City Attorney could come down any time to look at them. The real matter this evening was hiring legal counsel. He asked if the Council had someone else in mind to handle these matters. Bill McTygue said that there is a desire to retain the existing firm to handle these matters. This is serious business and the City needs legal counsel who is knowledgeable with the contracts, labor law and civil service law. Mayor Valerie Keehn said that as Mayor she has the authority to require a Council member to report on any matter at any time. She said that DPW refused to turn over the files. Bill McTygue said that he refused to allow personnel files out of his office and he would continue to do so. Commissioner Thomas McTygue said that Mayor Valerie Keehn refused to allow the City Attorney to come down stairs to review the files. Bill McTygue said that allowing the files out of the office and copying personnel files opens a Pandora’s box. This is not something that he takes lightly. Commissioner Matthew McCabe said there needs to be some coordination of information and standards for access to that information. The rights of privacy are paramount. Michael Englert clarified that he was not seeking the personnel files. He was seeking the legal documents so that an understanding of the status of the cases. He does not have the files in his office. It was his intention to come downstairs, however, he has been busy. He said there needs to be some tracking of the Page 2 of 5 City of Saratoga Springs City Council Meeting Minutes Wednesday, January 11, 2006 cases that are pending, procedures, estimated costs, does the City continue with the existing attorney, etc. He wanted to make the best recommendations to the Council and he needs to review the files to do so. Commissioner Thomas McTygue said the City Attorney was given access to the files and he has not come down to review them. Commissioner Thomas McTygue requested that Bill McTygue call Mr. Hobbs, attorney, and ask him to come here tonight to discuss the cases. Commissioner Matthew McCabe said that was fine , however, he wanted to be clear that the City was not paying for him to come here. Commissioner Ron Kim said his interpretation of the charter in the creation of the Human Resources Department was to centralize the process. There needs to be some standards developed on files, retention, medical records, how the files are handled, who has access, etc. He said he was not convinced that the new charter fully contemplated all of the issues revolving around personnel records. He noted that DPW has a process that seems consistent with privacy issues. Commissioner Thomas McTygue said Bill McTygue spends a lot of time on grievances and he hoped that the rest of the City was not depending on the Human Resources Department because the City would loose all of them. Commissioner Ron Kim said the employee contracts need to recognize the creation of the Human Resources Administrator and the role that department plays. Commissioner John Franck said his department has previously engage three firms to represent the City in assessment related matters. There are no concerns with two of the firms, however, the third firm is the same firm that is under discussion for the employee related matters. He has a case to be heard on January 30 using that firm and it needs to be resolved on whether this firm will be used. In relation to Commissioner Thomas McTygue’s employee related matters it may make sense to let this firm finish the work. Mayor Valerie Keehn said there needs to be a comprehensive approach to the way legal matters are handle. The City Attorney needs to review files and he has a right to review files. We can do some legal work in house and save the City money. Commissioner John Franck agreed that there were some issues that could be dealt with in house but there is still a need for outside counsel. He said the words “coordinate” and “hire” are two different words. She said as a Council member she wants to be briefed on matters before attorneys are hired. Commissioner John Franck said the Council was over thinking this matter. Marilyn Rivers said these matters had been addressed in the transition policies that she had provided to Council matters. Risk Management has the files on all litigation, claims incidents filed against the City and reported to the insurance companies. There are established policies and protocols that were established after the adoption of the charter that do work. The City Attorney is copied on correspondence that pertains to a litigation matter and there is communication. The City Attorney maintains the legal file, Risk Management maintains the insurance file and they share as appropriate. The same protocol should be developed from the Human Resource perspective. She said that she has spoken several times to Marcy Brydges on this matter and she is willing to develop such a policy. Mayor Valerie Keehn asked that if there was a protocol, where was the breakdown in that the City Attorney’s Office does not have the files. Marilyn Rivers said that City Attorney had the records in one case. Human Resources has the two files. The problem is that Human Resource Administrator is on maternity leave at this time. Human Resources was intricately involved in the coordination of these two cases. Commissioner Thomas McTygue said there was some confusion between lawsuits and disciplinary actions. Marilyn Rivers said Commissioner Thomas McTygue was talking about disciplinary issues that have not made it to the claims or litigation stage so they currently rest between Human Resources and the Department that Human Resources is working with. When a claim is filed, then Risk Management takes the claim and works with the insurance company and the City Attorney. Then the insurance company Page 3 of 5 City of Saratoga Springs City Council Meeting Minutes Wednesday, January 11, 2006 provides and attorney to represent the City. The City Attorney is required by the charter to maintain files and she is required by the contract between the City and the insurance company to maintain files. Mr. Hobbs arrived. It was agreed to adjourn to executive session. Executive Session Mayor Valerie Keehn moved and Commissioner Matthew McCabe seconded to adjourn to executive session at 5:20 p.m. to discuss employee related matters and litigation. Ayes all. Mayor Valerie Keehn reconvened the meeting at 6:40 p.m. MAYOR=S DEPARTMENT Outside Counsel Contracts (06-09) Mayor Valerie Keehn moved and Commissioner Ron Kim seconded to allow on an hourly basis the law firm of Poklemba and Hobbs to continue representing the City on the two outstanding cases in the Department of Public Works with a cap of $3,500. Commissioner McCabe said the money is in the budget and the cap is for both pending cases. Brief discussion followed as to whether the cap amount of $3,500 was for one or both cases. Commissioner McTygue suggested leaving the cap at $3,500 and returning to the Council if necessary. Ayes all ZBA Article 78 (06-10) Mayor Valerie Keehn moved and Commissioner Matthew McCabe seconded to place the discussion and vote of the ZBA Article 78 on the agenda of this meeting. Commissioner Thomas McTygue explained that this is necessary because the agenda item did not indicate that a vote would be required. Ayes all Mayor Valerie Keehn moved and Commissioner Matthew McCabe seconded that the Council set a cap of $1,000 on ZBA Article 78 contingent upon review by the Finance Office. The funds are within the self insurance line in the Accounts Department. Ayes all. ACCOUNTS DEPARTMENT Nothing at this time. FINANCE DEPARTMENT Nothing at this time. DEPARTMENT OF PUBLIC WORKS Discussion and Vote: Labor Attorney Contracts Commissioner McTygue said that this item has been taken care of as Outside Counsel Contracts under the Mayor’s agenda. DEPARTMENT OF PUBLIC SAFETY Discussion and Vote: Lease Agreement for Marion Avenue Weigh Station Page 4 of 5 City of Saratoga Springs City Council Meeting Minutes Wednesday, January 11, 2006 Commissioner Kim explained that the traffic division conducts truck inspections at 46 Marion Avenue and since the property is to be developed in March, the current owners have agreed to a month to month lease for $583 per month. He said the money is in the Public Safety budget. Commissioner Ron Kim moved and Commissioner Thomas McTygue seconded to approve the lease for the facility at 46 Marion Avenue with Beechwood Associates/Saratoga LLC on a month to month basis for $583 per month. Ayes all. ADJOURNMENT Seeing that there was no other city council business, Mayor Valerie Keehn moved and Commissioner Thomas McTygue seconded to adjourn the meeting. Ayes all. Mayor Keehn adjourned the meeting at 6:50 p.m. Respectfully submitted, Kathy Moran Clerk Approved: Page 5 of 5