Personnel Committee

PERSONNEL COMMITTEE Monday, April 18, 2016 6:00 P.M. The Personnel Committee will hold a meeting on Monday, April 18, 2016, 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 January 25, 2016 minutes. Old Business 2. Update on proposed Department of Labor overtime rules. a. In August the Committee reviewed an article regarding possible changes to overtime rules. Please see the attached two articles providing an update. b. Currently there are 7 employees that are paid on a salary basis that would be affected if the minimum salary requirement was increased per the proposed overtime changes. Included in your packet is a spreadsheet that shows the impact for each of the 7 employees. Staff will continue to wait for the administrative guidance to be issued by the department of labor in July 2016. Because this legislation has passed, it is recommended that the Village Board be updated with respect to this pending matter.  This is an update only. No action required. New Business 3. Review and discuss seasonal wages. a. The Village currently pays seasonal employees at two rates. One employee who has provided part time work for the Village over the last 15 years receives $14.91/hr. All other seasonal employees receive $10.93. The starting rate for seasonal summer employment is $10. If an annual increase is provided to the positions, that is then included on to the hourly rate moving forward. b. The Director would like to discuss with the Committee suggestions for providing equity in the seasonal wages moving forward.  The Committee is requested to discuss options with the Director. 4. Review and provide a recommendation on website content for Board/Committee/Commissions. a. Sunshine Week, a nationwide look at open and transparent government and access to public information, was held March 13-19. Many newspapers publish “report cards” on the transparency of the governments within the paper’s circulation. While the Village was not subject of such scrutiny, it did provide an opportunity to review the Village’s practices against other communities. b. One newspaper, the Battle Creek Examiner was shared with staff. It cited eight areas that they used to rate Michigan municipalities’ websites for access to public information: budget, meetings, elected officials, administrative officials, permits/zoning, audits, contracts, and public records’ access (webform). The Village ranks fairly well, but two areas bear review. c. Elected officials – recommendations include contact information including emails, phone, address, date first elected, terms of office and next election date. We currently post village email address and date term ends d. Meetings – recommendations include minutes for current year, including draft minutes for most recent meeting, packets for current year. We currently post only the agendas and the approved minutes. e. A review of websites for area municipalities is included in your packet.  The Committee is requested to provide direction on posting elected officials phone and address; and complete board and/or committee packets. 5. Review and discuss possible sick leave donation. a. Several employees have inquired as to whether the Village allows for the donation of banked time to other employees in need. Included in your packet are three sample policies. b. If agreed upon by the Committee, the Treasurer, Library Director and Administrator could analyze the policies to assess the feasibility and suggested parameters of how a donation policy might be designed for the Village. The analysis would then be provided to the Personnel Committee for further discussion and consideration.   The Committee is requested to provide staff with direction. 6. Update on SPS 330. a. Assistant Chief John Dahms inquired regarding the Village’s employee assistance program. He is overseeing a committee on the department that deals with this specific state regulation. He noted that it is a requirement for fire departments to have a program like EAP. Please see the highlighted section of the statute. This was the first that I was made aware of this regulation and wanted to share accordingly, as this last year we debated whether or not to keep the program.  This is informational only. No action required. 7. Discuss the next meeting date. a. I will be unable to attend the May 16 meeting. The Committee requested to provide direction on the next meeting date. The Committee could meet in May on an alternative date or meet in June.  The Committee is requested to provide direction. 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 4/15/16, 5:00 p.m.  Personnel Committee Unofficial Meeting Minutes January 25, 2016 – 6:00 p.m. Present: Bell, Filut, Pollnow Excused: Allen, Vaccaro Also present: Rebecca Ewald and Jeff Dolezal Filut called the meeting to order at 6:00 p.m. Pollnow moved and Bell seconded to approve the November 16, 2015 with minor corrections and December 9, 2015 minutes with minor corrections. Motion carried. Pollnow moved and Bell seconded to adjourn into closed session pursuant to Wisconsin Statute 19.85(1)(c) for the purpose of considering compensation for the Supervisor position within the Public Works Department by roll call vote: Bell – aye Filut – aye Pollnow – aye The meeting adjourned into closed session at 6:08 p.m. Bell moved and Pollnow seconded to reconvene into session at 6:31. Motion carried. Filut moved and Bell seconded to promote Rick Huening subject to a background check at the rate of $26.81 with the opportunity to increase future wages based upon certifications and recommendations of the Director. Motion carried. Pollnow moved and Bell seconded to adjourn at 6:34 p.m. Motion carried. Respectfully submitted, Rebecca Ewald Village Administrator  Understanding your options under the changing Fair Labor Standards Act rules November 18, 2015 Updates now expected in late 2016 The current white-collar rules for employees were last revised in 2004. Since that time, revisions to the salary level test have been proposed and discussed. In March 2014, President Obama instructed U.S. Secretary of Labor Thomas Perez to propose ways that “modernize and streamline” the white-collar regulations under the Fair Labor Standards Act (FLSA). These directives, written in the FLSA, outline the regulations for organizations electing to pay employees under the executive, administrative, professional, outside sales and computer exemptions. On September 4, 2015, the Department of Labor closed the comment period on the proposed revisions. Declining to extend the comment period, the department elected to work from the hundreds of thousands of comments provided through the comment period. The publishing of the final rule is not expected until late 2016, according to a recent statement made by the DOL’s Solicitor of Labor Patricia Smith. At the time of this writing, it is not clear whether there would be any phase-in period for businesses to comply. Generally speaking, if you wanted to pay a role using the “exempt” classification, you had to look at two tests: salary level and job duties. Under the existing FLSA salary test, the minimum $455 per week or $23,660 per year salary first had to be met. The changes include an increase to the minimum salary amount to $970 per week, or $50,440 per year. The impact of this change may be profound and you are smart to begin looking into your current pay practices and determining your options. So what steps can you take? Leverage your payroll systems to report on all employees currently classified as “exempt.” This reporting will include: • How many and which employees are classified “exempt” • The current salary rate for exempt employees While these two pieces of information are important, even more critical is your ability to answer several other questions, including: • How many hours did exempt team members work on an average? • What are you capable of paying for the talent you need to run the establishment effectively? • What compensation changes will you make for employees no longer meeting the salary level test? The new regulations will also contain updates to the job duties tests. The use of factors like “primary duties” was somewhat subjective and likely to be replaced with language emphasizing work time in addition to a specific set of role duties. Expect the revised regulations to define a specific percentage of time be spent performing “exempt duties.” These changes will likely require employers to revise their pay programs to be compliant. Start thinking about how you will compensate those employees who are no longer able to be treated as exempt. Hourly rate conversion Among the options is to simply translate the salary to an hourly rate (must meet the minimum wage), linking pay directly to the hours worked in a particular workweek. This choice requires overtime to be compensated at no less than 1.5 times the hourly rate. After you complete the analysis discussed above, your options and the costs will be clearer. Salary non-exempt conversion Another option is to pay a salary for a weekly payroll period that reflects a straight-time compensation for what you consider a normal workweek. While this option may initially look like a mirror of the “salary exempt” classification, the key difference is that you must first establish the workweek hours you consider as the basis on which the salary is paid. So, if you consider 35 hours as a normal workweek, the employee’s weekly salary is divided by 35 hours to establish an hourly rate. Overtime would still be counted after 40 hours, but the rate would be calculated using 35 hours as the base work week. But be careful! You must be able to show that these hours are normally scheduled and worked using this number. Establishments thinking that a normal work week is 60 or 80 hours in an effort to reduce their overtime liability will likely draw the attention of the Department of Labor. Use these tips as a good first step in thinking about how these impending changes will impact you, before you are faced with the impending exemption changes.  2015 WAGES 2015 DIFFERENCE BETWEEN 2014 2015 HOURLY CURRENT WAGE AND ESTIMATED OVERTIME EMPLOYEE SALARY RATE BASED ON PROPOSED INCREASE ACTUAL HOURS VALUE 2080 HRS/YEAR TO $50,440 GENERAL GOVERNMENT CARRIE ORLOVSKY $43,520.11 $20.92 $6,919.89 2550 $14,678.10 LORI PETERNELL $48,296.48 $23.22 $2,143.52 2240 $5,572.80 LIBRARY PATRICIA COX $41,539.12 $19.97 $8,900.88 2080 $0.00 RUTH FROST $34,127.41 $16.41 $16,312.59 2080 $0.00 GAIL JOLLIFFE $33,231.13 $15.98 $17,208.87 2080 $0.00 SAMANTHA VOGEL $29,844.31 $14.35 $20,595.69 2080 $0.00 2015 DIFFERENCE BETWEEN 2014 2015 HOURLY CURRENT WAGE AND ESTIMATED OVERTIME SALARY RATE BASED ON PROPOSED INCREASE ACTUAL HOURS VALUE 1404 HRS/YEAR TO $50,440 FIRE DEPT RICK MUELLER $38,438.71 $27.38 $12,001.29 2144 $30,391.80 PROPOSED WAGE ADJUSTMENT $50,440.00 $24.25  CITY OF MIDDLETON’S PAID TIME OFF DONATION POLICY POLICY Issued: June 14, 2011 Revised: June 14, 2011 Edited: June 14, 2011 PURPOSE The purpose of this Paid Time Off Donation Program is to permit an employee to donate paid time off leave to another employee. This Policy permits such donation to occur when an employee has a need for additional paid leave because they have exhausted all paid leave and have a need for additional FMLA qualifying leave. This need may arise for treatment or care of their own illness or qualifying condition; or from their need to care for a family member as permitted under FMLA. This Policy is not intended to provide for the donation of paid time off leave for common illnesses of short duration, or illnesses or injuries covered by employer paid long term disability policies or those illnesses compensated by Worker’s Compensation. ELIGIBILITY To be eligible, an employee: 1. Must be a regular full-time or part-time employee. 2. Be eligible to accrue paid time off leave. 3. To have exhausted all forms of their own paid leave, or plan on exhausting all forms of paid leave, during the qualifying FMLA leave event. Employees are ineligible to use this policy during any disciplinary suspension or if they are receiving or have applied to receive, Worker’s Compensation benefits. 07591.111292-1wem-140611jmm Paid Time Off Donation Policy  -2- PROCEDURES The Finance Department is responsible for coordinating donations, reviewing donation requests and authorizing eligibility. Final decisions on eligibility and distribution of donated leave time rests with the Finance Department, and shall not be subject to any grievance or appeal procedure. The following procedure shall be utilized in all cases: 1. Upon becoming aware of a qualifying FMLA leave need, a department head shall submit a paid time off donation request to the Finance Department. 2. Upon verifying the need for additional paid time off leave, the Finance Department shall issue a city wide communication by reasonable means, including by e-mail to all departments and employees advising of the leave need. Such communication shall not identify the individual with the leave need. 3. Donations of accrued sick leave, vacation leave, personal leave, or comp leave, must be in whole hours with a minimum of one hour per donation. 4. Donated hours will be converted to dollars by the Finance Department by multiplying the number of hours donated by the donor’s hourly base rate of pay at the time of processing. 5. Donating employees may donate as many hours as they wish; however, the donation may not reduce the donating employee’s sick leave account balance below 168 hours. 6. Once a donation has been processed, neither the donor nor the recipient may revoke the transaction. 7. Donated hours shall be available to the donee to draw upon during the qualifying leave event. Unused donation hours shall revert to a residual paid time off leave bank to be used for a future donation need. In no case shall donated hours be converted to cash as a lump sum payout. 8. The Finance Department shall cap donated hours and shall reject offers to donate additional hours if the donated hours and accumulated paid time off leave hours in the residual bank would exceed the anticipated duration of the leave need. 9. Total maximum donations for any individual leave event shall not exceed twelve (12) months. Any remaining FMLA leave shall run concurrently with the donated leave for up to the first twelve (12) weeks of the leave. 10. Use of paid time off leave may not be used to exceed a donee’s normally scheduled work hours per pay period. 11. Donees are prohibited from soliciting co-workers for donations of paid time off leave. Donations are voluntary. 12. Donees may refuse to accept donated hours in their discretion. 13. The City will not inform the recipient of the names of those donating hours or number of hours donated. 14. During the use of donated paid time off leave, all benefits, other than seniority, shall not accrue. Donees may continue health and dental insurance at their expense or as per any applicable bargaining agreement. 07591.111292-1wem-140611jmm Paid Time Off Donation Policy  -3- Donation decisions shall not be made on the basis of an employee’s race, religion, creed, color, sex, national origin, disability, age, marital status, public assistance status, or status as a veteran or any other protected classification. 4845-4958-5161, v. 1 07591.111292-1wem-140611jmm Paid Time Off Donation Policy Employee Transfer/Donation of Vacation and Random Holiday Human Resources 1400 Time to Another Employee in Special Emergency Situations 1466 1-2 5/7/02 09/16/14 1.0 PURPOSE: To describe the general policies and procedures of the City of West Allis in regard to vacation and random holiday time transfer from one employee to another for the purpose of providing income continuation during an employee’s or their immediate family member’s catastrophic illness/injury, or death of an immediate family member. 2.0 ORGANIZATIONS AND PERSONS AFFECTED: This policy applies to all City of West Allis departments, boards, commissions and employees. 3.0 POLICY: It is the policy of the City of West Allis to provide a uniform set of guidelines and procedures for the donation of vacation and random holiday time for an employee that has exhausted all his/her paid time. 4.0 REFERENCES: City of West Allis Policies and Procedures Manual, Policy 1432 - Vacations City of West Allis Policies and Procedures Manual, Policy 1412 - Holidays 5.0 PROCEDURES: 5.1 RESPONSIBILITY It is the responsibility of the Human Resources Division to administer this policy. 5.2 GENERAL POLICIES 5.2.1 A qualified absence shall include, but will not be limited to, an absence for medical and/or other catastrophic emergency needs of the employee or the employee’s immediate family members, as defined by the Family and Medical Leave Act, or in the aftermath of a family member’s death. 5.2.2 The recipient of the donated hours shall use the hours to extend paid leave time. The recipient, under no circumstances, shall be paid cash for the hours donated. 5.2.3 An employee wishing to donate vacation or random holiday time hours shall state his/her intention in writing on a form prepared by Human Resources. Such forms shall be submitted to Human Resources. 1466-1  5.2.4 The maximum number of hours donated by an individual shall be 241 hours. The number of hours donated to one employee for his/her use shall be up to 801 hours. The City Administrative Officer may grant an exception of up to an additional 801 hours based on FTE. 5.2.5 The application and use of the donated time in the case of death shall be limited to the death of the spouse and up to 30 days after the date of death. Exceptions to this limitation must be approved by the City Administrative Officer based on special or unusual circumstances. 5.2.6 No employee may donate more than 401 hours of combined time for all employees per calendar year. 5.2.7 If the employee donating hours is paid at an hourly rate different from the recipient, the donation of hours shall be on an hour-for-hour basis without calculation of dollars between the accrual amounts of either the donating and/or receiving employee(s). Recipient employees shall be paid at their regular wage rate. Donation transfer shall not result in overtime for the recipient. 5.2.8 Any donated time not used by the recipient for the purpose of the request shall be credited back to the donor. 5.3 REQUESTS FOR DONATION OF TIME 5.3.1 Qualifying Employee and Eligibility: An employee holding a budgeted position of 0.5 FTE (full time equivalent) or greater is eligible upon date of hire. 5.3.2 An employee wishing to request donation of time must first exhaust all paid time including vacation, random holiday days, compensatory time, and sick leave, including that under the Family Medical Leave Act. 5.3.3 The requestor shall state his/her intention in writing to the Human Resources Division. The request shall include whether or not the employee wishes to see exceptions as contained in sections 5.2.4 and 5.2.5. 1 Part-time employees will have the donated time prorated based on FTE (full time equivalent). For example, a 0.5 FTE may receive up to 40 hours (80 if granted an exception) or may donate up to 12 hours per individual and 20 hours maximum per calendar year. 1466-2 Procedures to Donate and Accept Leave Time City employees may donate certain accumulated leave time to another employee under the following conditions: 1. Any employee with accumulated and unused vacation or compensatory time may donate part of such leave to a recipient employee of the City who: a. is absent due to severe illness, injury, or other medical condition of the employee or the employee’s child, spouse, or parent, and b. has exhausted all of his or her accumulated leave time. 2. Accumulated sick leave cannot be donated. 3. All regular employees shall be eligible to request a donation of vacation or compensatory leave time from other City employees. Part-time, regular employees cannot utilize donated hours to exceed their regularly schedule hours per week. 4. To request a donation of leave time, an employee shall submit a written request to the City Administrator along with written verification from a physician certifying that the employee or the employee’s child, spouse, or parent has a serious health condition which prevents the employee from working. No information regarding the employee’s or family member’s illness, injury, or medical condition will be divulged without the employee’s consent. 5. After verification that the employee meets the qualifications to receive donated vacation or compensatory time, the Administrator shall make other employees aware of the request. All donations of eligible leave shall be voluntary and no employee shall receive compensation of any kind for leave which he or she has donated. No employee may intimidate, threaten, or coerce any other employee with respect to donating or receiving leave under this policy. 6. An employee wishing to donate leave time to a fellow employee shall indicate in writing the amount of leave time he or she wishes to make available for donation. Donations must be in increments of 4 hours or more. Donated time will be converted to dollars based on the current wages of the donor to calculate the number of hours of leave credited to the recipient based on the recipient’s current wage. Once leave time is donated, said leave may not be returned to the donor employee’s account until the recipient employee verifies in writing that the leave request is terminated. 7. Any donated leave time not used by the recipient employee prior to terminating the leave request, shall be returned to the donor employee’s respective account on a prorated basis. 8. Employees who receive donated leave time shall not be entitled to any payout for any unused donated leave time upon termination from City employment. Upon such termination, the donated leave shall be returned to the donor employees’ respective accounts on a prorated basis. 9. There shall be no limit on the amount of vacation or compensatory days which may be donated by any one employee. 10. This policy shall constitute a bona fide leave sharing arrangement for a “medical emergency” as defined in IRS Ruling 90-29. Pursuant to IRS Ruling 90-29, leave transferred under this policy will not be considered wages for the employee who surrenders the leave and will therefore not be included in gross income or subject to withholding. City of Burlington Includes photos of Mayor and Alderpersons with home address and phone number. Committee members are not listed Packets are posted for Common Council, CDA, Historic Preservation Commission, Plan Commission, Board of Appeals Town of Burlington All supervisors are listed with home address and phone number, sometimes email Only agendas posted Rochester All board list home address, phone number, and email, some with photos; inconsistent info for committee members Complete packets for Board, Plan Commission, Public Works, Finance, Historic Preservation Town of Waterford Supervisors listed with home phone and address, sometime email; Same with Committee members Only agendas, sometimes minutes posted Mukwonago Board members are listed along with home phone and emails Complete packets posted for board, plan commission, committee of the whole, board of appeals East Troy Board members listed with home phones and village emails. Committee members listed by name Does not include packets Union Grove Couldn’t find a list of board Only post agendas Town of Vernon Board members listed with town emails and home phones Post epackets, but login required Lake Geneva Mayor and alderperson listed with photo, home address and phone, and city email address Post complete packets for council meetings (one was 284 pgs), plan commission, public works  Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau. 19 SAFETY AND PROFESSIONAL SERVICES SPS 330.23 within voice contact and may be assigned to additional roles so identifies and assists fire fighters with alcohol or substance abuse, long as this individual is able to perform assistance or rescue activ- stress and personal problems adversely affecting their job perfor- ities without jeopardizing the safety or health of any fire fighter mance. The assistance program shall refer fire fighters to health working at the scene. In all structural fires in which fire fighters care services as appropriate for the recovery of their health and job use self−contained breathing apparatus, at least one additional performance abilities. member shall be assigned to remain outside the structural fire and (2) Through the program established under sub. (1), every fire monitor the operations. department shall provide health promotion activities that identify Note: It is not the intent of this rule to prevent any number of persons from a fire fighter’s physical and mental health risk factors and provide responding to a fire call, setting up equipment and initiating exterior suppression at the fire scene. Also, it is not the intent of this rule to prohibit an individual fire fighter education and counseling to fire fighters for the purpose of pre- from taking an action to preserve the life or safety of another person. venting health problems and enhancing overall well−being. (b) At emergency operations, the officer in command shall (3) The use of municipal or county programs shall meet the evaluate the risk to fire fighters and, if necessary, request that at requirements of this section. least basic life−support personnel and patient transportation be History: Cr. Register, August, 1995, No. 476, eff. 9−1−95. available. History: Cr. Register, August, 1995, No. 476, eff. 9−1−95; CR 01−044: am. (2) Subchapter XIII — Miscellaneous Activities (b) 1. and (3) (a), Register December 2001 No. 552, eff. 1−1−02; correction in (2) (b) 1., Stats., Register December 2011 No. 672. SPS 330.20 Hazardous materials. Fire departments engaged in emergency operations relating to hazardous materials Subchapter X — Facility Safety shall comply with s. 29 CFR 1910.120 as adopted by reference in ch. SPS 332. SPS 330.145 Facility safety. Fire department buildings History: CR 01−044: cr. Register December 2001 No. 552, eff. 1−1−02; correc- and facilities shall comply with chs. SPS 332 and 361 to 366. tion made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672. History: CR 01−044: cr. Register December 2001 No. 552, eff. 1−1−02; CR 01−139: am. Register June 2002 No. 558, eff. 7−1−02; correction made under s. 13.92 SPS 330.21 Confined spaces. Fire departments (4) (b) 7., Stats., Register December 2011 No. 672. engaged in emergency operations relating to confined spaces shall Subchapter XI — Medical comply with s. 29 CFR 1910.146 as adopted by reference in ch. SPS 332. History: CR 01−044: cr. Register December 2001 No. 552, eff. 1−1−02; correc- SPS 330.15 Physical and medical capabilities. tion made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672. (1) The employer shall assure that fire fighters who are expected to do structural fire fighting are physically capable of performing SPS 330.22 Diving operations. Fire departments duties which may be assigned to them during emergency opera- engaged in emergency operations relating to diving operations tions. shall comply with 29 CFR 1910 subpart T as adopted by reference (2) The fire chief may not permit a fire fighter with known in ch. SPS 332. heart disease, epilepsy, or emphysema to participate in fire depart- History: CR 01−044: cr. Register December 2001 No. 552, eff. 1−1−02; correc- tion made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672. ment emergency operations unless a physician’s certificate of the fire fighter’s fitness to participate in such operations is provided. SPS 330.23 Miscellaneous hazardous situations. Note: The intent of this subchapter is not to require an annual physical for each Fire departments engaged in miscellaneous emergency opera- fire fighter. History: Cr. Register, August, 1995, No. 476, eff. 9−1−95; CR 01−044: am. Regis- tions and hazardous situations such as, but not limited to, struc- ter December 2001 No. 552, eff. 1−1−02. tural collapse rescue, elevator rescue, trench rescue and terrorism responses shall comply with s. SPS 330.14, and with s. 29 CFR Subchapter XII — Member Assistance Referral 1910.132 and any other applicable standard in 29 CFR 1910 and Program 29 CFR 1926, as adopted by reference in ch. SPS 332. Note: Requirements for fire departments providing emergency medical services SPS 330.16 Member assistance referral program. are administered and enforced by the Department of Health Services under ch. DHS 110. (1) Every fire department shall establish and adopt a written History: CR 01−044: cr. Register December 2001 No. 552, eff. 1−1−02; correc- policy statement for a fire fighters assistance referral program that tion made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672. Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published. Report errors (608) 266−3151. Register September 2013 No. 693