Loading...
HomeMy WebLinkAbout11-11-02 Personnel & Finance tonunitteu ttport *zonniz1 nor tinttttrt fltomlltttta The November 11, 2002 meeting of the Personnel and Finance Committee was called to order by its Chairperson, Council Member James Aranowski at 4:30 p.m. in the Council Informal Meeting Room. Persons in attendance included Council Members Varner, Kirsits, Aranowski, Pfeifer, King, Kelly, Coleman, Kuspa and White; Police Chief Thomas Fautz, Assistant City Attorney Thomas L. Bodnar,Attorney Rod Sniadecki and Kathleen Cekanski-Farrand, Council Attorney. Council Member Aranowski noted that this meeting has been called to address concerns raised by Mr. Rod Sniadecki under "Privilege of the Floor" at the October 28th Common Council meeting. He then called upon the Council Attorney to briefly address the topic. Mrs. Cekanski-Farrand noted that the discussions on the Investigative Division Tier System were formalized after the last police negotiations where a ratification was received. She noted that in addition to the handouts provided by Mr. Sniadecki at the last Common Council meeting (copy attached), that she provided copies of documents to the Common Council along with a memorandum dated November 8, 2002(copy attached). She noted that she met with City Attorney Charles Leone on two (2) occasions to discuss this matter and he assured her that a representative of her office would be present today to address the items set forth in her memorandum. She noted that the ordinances in question established the maximum amounts which could be paid as Detective Classification Pay, and that the Board of Public Safety was legally charged with establishing the day to day regulations addressing the criteria to earn such pay. Assistant City Attorney Thomas Bodnar concurred with the Council Attorney's remarks. He noted that discussions about the Investigative Division go back approximately a decade under then Police Chief Marciniak. The major issue ue was to address that fact that Corporals and Sergeants were doing the same work. At the time the program g p gram was instituted there were 27 Sergeants in the Bureau of which 23 took the test, 11 passed the test and 4 elected not to take the test at all. Currently there are seven (7) of the eleven(11) officers who qualified to receive the pay being paid today, with the other officers leaving the bureau due to retirement, promotion or otherwise. He noted that the word "qualified" as used in the ordinance is a legal axiom and that the Board of Public Safety Resolutions set forth the qualifications. He concluded that the program is being administered properly. Police Chief Fautz concurred that the program has been and is been administered properly. He added that there was much dialogue which took place and that a special committee was involved prior to the implementation of the program. The Council Attorney added that then FOP Attorney Leo Blackwell sent a memorandum via facsimile which states among other things that the concerns of the FOP were properly addressed when the program was instituted. Unfortunately, due to the technology at that time, the only legible copy of that facsimile is on file with the City Clerk and could not be reproduced. Mr. Sniadecki stated that he challenges the qualifications provisions noting that the Board of Public Safety Resolution in 1998 did not refer to testing and that the testing language did not appear until the 2000 Board of Public Safety resolution. Mr. Sniadecki stated that when he was on the Common Council and voted for each of the ordinances that he did not have understanding that there would be testing. Personnel and Finance Committee November 11, 2002 Page 2 The Council Attorney noted that Mr. Sniadecki's concerns have focused on the language contained in the Board of Public Safety resolutions and not in the ordinances. She believes that the proper forum which he should bring his complaint is the Board of Public Safety and not the Common Council. Mr. Sniadecki stated that there are a handful of officers who are being adversely affected. Council Member King noted that based on his review of the documents and listening to the discussion it appears that the proper domain for further discussion should be with the Board of Public Safety. Council President Kelly concurred and suggested that Mr. Sniadecki bring this matter to the Board of Public Safety. Mr. Sniadecki stated there was not full disclosure of the qualifications when the Council acted on the ordinances. The Council Attorney noted that the Council's role was to establish the maximum dollar amount, and that all regulations governing how an officer would qualify for such pay is in the jurisdiction of the Board of Public Safety. Council Member Aranowski stated that he was aware of the testing provisions when acting on the ordinances. He then recommended that the Council Attorney send Mr. Snidecki material to the Clerk of the Board of Public Safety. Mr. Bodnar noted that the Board would next meet in two(2) weeks. Under unfinished business, Council Member Kirsits noted that the there appears to be no consistent policy addressing what a city employee is entitled to when he or she is activated for military duty. He noted that Mishawaka he believes passed an ordinance on this a few years ago. He asked the Council Attorney to contact Mr. 011ett. Dr. Varner suggested that the City Attorney also address this matter in a memorandum so that everyone is clear about the policies, and that perhaps it be discussed at the next Personnel and Finance Committee meeting. Council Member Kirsits stated that he believes that the City must act quickly and have fair procedures in place. Council Member King stated that if time is of the essence that the Council Attorney should go ahead and draft the necessary ordinance. It was also noted that during the budget hearings that redrawing the boundaries for the rent or mortgage assistance was to be addressed. Chief Fautz stated that he would address this as soon as possible. Council Member Kirsits also noted that during budget hearings that Mr. 011ett was asked to provide information to the Council on the merit bonus program. He noted that there is at least $165,000 designated for that program. He asked the Council Attorney to send a letter on this topic. Personnel and Finance Committee November 11, 2002 Page 3 There being no further business to come before the Committee, Council Member Aranowski adjourned the meeting at 5:00 p.m. Respectfully submitted, Council Member James Aranowski, Chairperson Personnel and Finance Committee KCF:kmf Attachments II I i 1 4 i