Personnel Committee

PERSONNEL COMMITTEE Monday, December 15, 2014 6:00 P.M. The Personnel Committee will hold a meeting on Monday, December 15, 2014, at 6:00 p.m. in the Village Hall, 123 N. River Street, Waterford, WI. AGENDA Call to Order Approval of the Minutes 1. Review and act on November 17, 2014 minutes. Old Business 2. Review and possible direction regarding communication with Central States. a. A verbal update to be provided at the meeting.  The Committee is requested to provide a possible recommendation on future communications. New Business 3. Review and provide recommendation on possible amendments to the snow removal job description. a. As you will recall the Village did not receive any responses to the advertisement for this position. After the deadline the Director received one application from an individual without the required CDL license requirements. b. The Director will be in attendance at the meeting and desires to explore modifying the description to possibly require lesser qualifications, but give the discretion to the Director as to how many of each position he fills with with lesser qualifications.  The Committee is requested to provide a recommendation regarding possible amendments to the job description. 4. Review and provide a recommendation on amendments the personnel manual. a. The Director desires to discuss with the Committee the possibility of changing the training repayment agreement of the personnel manual to accommodate for the Village paying for the CDL license renewal and certification requirements for snow removal positions. b. The training repayment agreement section of the manual currently reads as follows: “Whenever the Village determines that it will pay the cost of the initial training and/or certification of an employee for a skill that is required for the position and that the person could continue to use after termination of employment with the Village, the cost of the training and/or certification shall be considered a loan to the employee, to be forgiven if the employee completes a service obligation for a predetermined number of years of employment with the Village, as determined by the Department Head. The Village shall require an applicant for such a position to be notified of the requirement, and upon selection, to enter into a repayment agreement with the Village as a condition of employment in that position. The repayment agreement will require the person to pay all or a prorated amount of the cost of the training and/or certification if the person leaves Village employment within the predetermined number of years after beginning the training and/or certification, together with collection costs and reasonable attorney fees. The Department Head may forgive the cost of the training and/or certification in the case of the employee’s death, in the case of the employee’s disability that renders the employee no longer able to perform the duties required, and in circumstances of extreme hardship where the repayment requirement would be unconscionable upon a request therefor. A decision by the Department Head may be appealed to the Village Board. The cost of the training and/or certification will be deducted from the persons final paycheck, provided that the amount of the deduction may not reduce that paycheck to an amount less than the minimum wage required to be paid for all regular and overtime hours worked pursuant to Federal and Wisconsin law. In the event that the person completes the service obligation set forth in the Repayment Agreement, the cost of the training and/or certification shall be forgiven by the Village.”  The Committee is requested to provide a recommendation on possible amendments. 5. Review and provide recommendation of funding a pension plan restatement. a. Attached please find the update provided by the Village’s third party administrator regarding federal requirements to issue a restatement of the current plan.  b. The restatement will cost $2,000 and the documentation will be ready in quarter one of 2015. c. The federal required restatement of the plan can be paid for with by the pension plan assets. In 2014 we have two former employees move their pension assets to another investment vehicle terminating their involvement in the pension plan. These individuals were not 100% vested and therefore forfeited a percentage of their accumulated earnings. Forfeited plan assets have been utilized in past years to offset the following year’s pension plan contribution if available. Forfeited plans are not budgeted or planned for. Staff is recommending that $2,000 of the forfeited funds be carried over into 2015 and utilized to pay for the restatement, the balance utilized to offset the 2015 pension plan contribution. This is being recommended as the expense was not budgeted for in 2015, is a direct requirement of the plan and therefore most appropriately funded by plan assets.  The Committee is requested to provide a recommendation on funding the restatement. Adjourn There may be a quorum of Village Trustees present, which would constitute a public meeting of the Village Board Jerry Filut Chairman Please note that, upon reasonable notice, accommodations can be made for the needs of disabled individuals through appropriate aids and service. For additional information or to request this service contact the Clerk’s Office at 534-3980. Posted 12/12/14, 5:00 p.m.  Personnel Committee Unofficial Meeting Minutes November 17, 2014 – 6:00 p.m. Present: Allen, Bell, Filut, Pollnow, and Vaccaro Also present: Rebecca Ewald and Fire Chief Mueller Filut called the meeting to order at 6:00 p.m. Pollnow moved and Filut seconded to approve the October 20, 2014 minutes. Motion carried. Chief Mueller was present to discuss fire and rescue equivalent certifications. The concept of reviewing equivalent certifications started with the Rescue Lieutenant positions. The rate of pay for promotion to lieutenant was originally designed to pay $17.00 per hour, but when adding up the certifications for two of the three individuals, the rate per hour was only $16.50. The pay scale for the entire department is designed to encourage members to gain additional education. The Chief is not interested in making this change frequently or adding equivalent certifications to individuals routinely, but in trying to make it equitable for these two individuals considering limited circumstances. Pollnow moved and Allen seconded to recommend approval of the equivalent certifications as discussed for two lieutenants to pay a rate of $17 per hour for the position. Motion carried. Chief Mueller discussed a joint application process with the Eagle and Mukwonago fire departments. Many people want to work, but can’t work for our individual organizations more than part time hours due to health insurance requirements. This process allows applications to be reviewed by all three departments, providing more opportunities for employees to gain hours working for each department, while departments help each other, rather than competing for skilled personnel. Filut inquired as to whether we needed a written agreement to ensure all three parties are on board and moving forward in the same direction. The Chiefs from both departments are easy to work with and interested in helping the employees and their departments, allowing us to work together and allowing this process to move forward. The Chief will review written procedures with the other Chiefs. By working with departments with paramedic licenses it allows current paramedics who work for the Village, opportunities to utilize their skills in nearby locations. Bell moved and Pollnow seconded to finalize the concept with neighboring departments, conduct legal review of the application and provide a finalized product to the Village Board for approval. Motion carried. Ewald updated that Central States Board of trustees met and verbalized a willingness to work with the Village to carry out the existing three year contract if the Village modifies the personnel manual to ensuring the Village is regularly reviewing regular and part time employees for compliance with the Affordable Care Act regulations. The legal counsel for Central States was asked to provide us with a written request so that we can proceed with the update on the personnel manual and review of the proposed participation agreement. Filut moved and Pollnow seconded for staff to proceed moving forward with Central States to resolve the matter and keeping the current health benefits as they stand. Motion carried. The electronic information systems, e-mail, social media and internet access policy was reviewed earlier this year by legal counsel. The Committee requested staff to review it with department heads and supervisors prior to making their recommendations. Pollnow moved and Allen seconded to recommend the policy to the Village Board. Motion carried. The Committee was apprised that no applicants applied for the snow removal position. Staff is considering advertising again with lesser qualifications to seek assistance for the smallest areas of snow removal such as plowing municipal lots, walkways and limited areas that do not require a 5 yard dump truck. Filut inquired as to whether we were competitive with at $20/hour per hour. The Committee asked if the Director would survey other municipalities to see if our rate is competitive. The Committee reviewed the new IRS spending limit for flexible spending plans of $2,550. The Village currently allows employees to deduct $2,500. Bell moved and Pollnow seconded to recommend changing the manual to have the employee contribution be consistent with the IRS limit for FSAs. Motion carried. Additional amendments for the carry over provision and modifications triggered by the Affordable Care Act were reviewed. Filut moved and Allen seconded to recommend that the amendment be forwarded to legal counsel for final review and then the Village Board for approval. Motion carried. Pollnow moved and Allen seconded to adjourn at 6:58 p.m. Motion carried. Respectfully submitted, Rebecca Ewald Village Administrator  SNOW REMOVAL POSITION DEPARTMENT OF PUBLIC WORKS VILLAGE OF WATERFORD LIMITED PART TIME/NON-EXEMPT Provides snow removal services for the Village of Waterford for a specific time period as specified by the Director of Public Works. Must be available to work a variable shift that will include early morning and late night hours based on weather conditions. The Snow Removal Position reports directly to the Director of Public Works and indirectly to the Supervisor. Essential Duties and Responsibilities The Snow Removal Position will operate snow removal equipment, including snow plow, salt truck, snow blower and shovels for the purpose of clearing roads and pathways within the Village right-of-way including sidewalks and parking lots, perform daily operator maintenance checks and preventative maintenance on equipment, move equipment from one project/location to another. The person will perform these duties at municipal buildings and sites in the Village depending on the scheduled needs of the Village as determined by the Director of Public Works and/or Supervisor. The duties listed above are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position of the work if similar, related, required by law or a logical assignment to the position. Special Requirements & Skills Valid Wisconsin Class B commercial driver’s license and Wisconsin Class D driver’s license. Able to operate and troubleshoot basic light to medium sized equipment. Ability to operate trucks and heavy equipment. Ability to work outdoors in all types of weather. Physical Demands The physical demands described here are representative of those which must be met by an employee to successfully perform the essential functions of the job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Ability to work regularly in outside weather conditions, in field settings on construction sites or public works facilities. Ability to frequently work near moving mechanical parts and be exposed to wet and/or humid conditions and vibrations. Ability to operate, maneuver and/or steer equipment and machinery requiring simple but continuous adjustments, such as motor vehicles, surveying instruments, telephone and two-way radio. Hand-eye coordination is necessary to operate equipment and tools. While performing the duties of this job, the employee is frequently required to stand; walk; talk or hear; use hands to finger; handle, feel or operate objects, tools, or controls; and reach with hands and arms. The employee is also required to climb, stoop, kneel or crouch. The employee must be able to lift and/or move up to 80 pounds. Specific vision abilities required by this job include near and far vision and the ability to adjust focus. Work Environment The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Conditions of Employment This position is subject to the terms and conditions of the Village of Waterford Personnel Manual, as may be amended, and is classified as a Limited Part Time, Non-Exempt Employee. This position requires participation in the Village of Waterford CDL DOT random test pool and is required to follow the testing requirements. The job description does not constitute an employment agreement between the employer and employee. The duties listed above are intended only as illustrations of the various types of work that may be performed. The omission of the specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to the position. The Village of Waterford is an Equal Opportunity Employer. In compliance with the Americans with Disabilities Act, the Village will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective and current employees to discuss potential accommodations with the employer. _______________________________________ ________________________________________ Employee Date Administrator Date 12/12/2014 Retirement Plan ­ Required Plan Document Update (Restatement) ­ rewald@waterfordwi.org ­ THE VILLAGE OF WATERFORD Mail Move to Inbox More Retirement Plan ­ Required Plan Document Update (Restatement) Insurance/Benefits x Jake Dumke Dec 3 (9 days ago) to me Hi Rebecca, Below is the “canned” email regarding the upcoming plan document restatement. Feel free to call if you have any questions. The reason I wanted to reach out is because new IRS rules require governmental plans to have a separate plan document compared to non‐governmental plans. While we can continue to sponsor your plan document, I wanted to make you aware that our fee for this governmental plan document will be $2,000. The restatement period just started and we have until April 30, 2016 to complete the restatement. But I wanted to give you a heads‐up sooner rather than later about the new plan document requirements. Any questions, let me know. Thanks, Jake Re: Village of Waterford Pension Trust Dear Rebecca, As you may recall, our friends at the IRS require the restatement of all qualified retirement plan documents on a scheduled six year cycle. Restatement periods are used to update the language of your plan document for any legislative or regulatory changes made during the previous cycle. We are currently in the IRS‐ mandated “PPA Restatement” period, named for the Pension Protection Act of 2006. Attached you will find a short FAQ with additional background information. While this restatement is merely a formality that does not require any changes to the way you currently operate your retirement plan, it does provide an opportunity to explore possible updates or improvements to your current plan design. Now is the time to review plan objectives and adjust document provisions accordingly: 1) If you would like to discuss possible changes to your current provisions, please contact us no later than 12/31/14. 2) If we have not heard from you by year end, we will assume you are satisfied with your current plan design and will proceed with the restatement without changes. 3) Your restatement will be completed during 2015, most likely in conjunction with your 2014 annual report and tax form filing. 4) The new plan documents will be provided to you via PlanSponsorLink. You will need to review the documents, sign, and return a copy to PCC. A new Summary Plan Description (SPD) must be copied and distributed to employees as well. Complete instructions will accompany the new documents. 5) The $2,000 fee for your restated plan document will be billed directly to you at the time of completion; however, you do have the option to take the fee from plan assets. If you have any questions or concerns, please do not hesitate to contact me directly. As always, we appreciate your partnership and look forward to assisting you and your employees in achieving a comfortable retirement. Happy Holidays and Wishes for a Prosperous New Year! Jacob S. Dumke, ERPA, QPA, QKA | Vice President | Pension Consultants Co., Inc. p (920) 593‐3287 | f (920) 432‐2452 | PO Box 1806 | Green Bay, WI 54305 https://mail.google.com/mail/u/0/?ui=2&view=btop&ver=1o1lwtkd0xwuq&q=jake%20dumke&qs=true&search=query&th=14a1163de2f76d77&qt=dumke.1.jake.… 1/1  PPA Plan Document Restatement Package Frequently Asked Questions Q-1: Why do we have to restate our Plan document? A-1: In recent years, Congress has enacted a number of new laws affecting tax qualified retirement plans. The most important of these new laws are the Pension Protection Act of 2006 (PPA) the Heroes Earnings Assistance and Relief Tax Act of 2008 (HEART Act) and the Worker, Retiree, and Employer Recovery Act of 2008 (WRERA). In addition, the IRS has issued substantial guidance regarding the operation of qualified plans. Congress and the IRS have generally permitted employers to comply with these new rules in operation without formally amending the underlying Plan document until some date after the law is effective. The IRS is now requiring all qualified plans to be restated to comply in form with the new laws and guidance. Q-2: By what date must our Plan document be restated? A-2: Your Plan is a “pre-approved” Plan that has been reviewed by the IRS to ensure it meets all of the new laws. As a pre-approved Plan, the IRS requires that the Plan be amended no later than April 30, 2016. If the Plan is not restated by April 30, 2016, it will lose its qualified status and could subject your company to substantial tax sanctions. Q-3: We just adopted our Plan last year. Why do we need to restate the document so soon after adoption? A-3: The IRS requires all Plans be restated onto an “IRS-approved” version of the pre-approved Plan. If your company adopted a Plan prior to May 1, 2014, it is likely the Plan was not on the most recent IRS-approved version. All plans must be restated onto an IRS-approved version no later than April 30, 2016. Q-4: How is the new plan document different than our current document? A-4: The new document has been updated for new laws and IRS guidance, including:  Required amendments to comply with PPA.  New rules providing certain benefits to employees on military leave, as required by the Heroes Earnings Assistance and Relief Tax Act of 2008 (HEART Act).  New rules allowing non-spousal beneficiaries to rollover a distribution to an inherited IRA.  New provisions dealing with the ability to make automatic contributions under the Plan.  New rules allowing participants to convert amounts from a pre-tax source to an after-tax Roth contribution source.  Final regulations addressing the maximum amount that may be contributed to the Plan under Code §415. Q-5: Does a new Summary Plan Description (SPD) need to be provided to each participant? A-5: Yes, the Department of Labor (DOL) requires participants be informed of any material changes made to the plan document. The DOL also requires periodic restatements of the SPD. The adoption of the PPA restated document is an appropriate time to provide a new SPD. All current participants and beneficiaries receiving benefits must receive a new SPD no later than 210 days (approximately 7 months) after the close of the plan year for which the SPD is updated. Q-6: Whom should I call if I have questions? A-6: Please contact your dedicated PCC administrator for further assistance. phone 920.437.0313 | direct 920.593.3283 | fax 920.432.2452 | 444 S Adams St Suite 1 | Green Bay, WI 54301 | pcc‐gb.com