WEDNESDAY,
SEPTEMBER 2, 2009
REGULAR
MEETING
8:15
P.M.
1. ROLL CALL. Mr. Smith called the meeting to order at 8:15 P.M., with roll call as follows: Mrs. Hammond, Mr. Wisniewski, and Mr. Smith were present. No members were absent. Others present were Tim Hansley, Lynda Yartin, Mayor O’Brien, Mike Sabatino, Jeff Fix, and others.
2. A. APPROVAL OF MINUTES OF August 4, 2009, Special Meeting. Mrs. Hammond moved to approve; Mr. Smith seconded the motion. Roll call was taken with Mr. Wisniewski abstaining, and Mr. Smith and Mrs. Hammond voting “Yea.” Motion passed, 2-0.
B. APPROVAL OF MINUTES OF August 5, 2009, Regular Meeting. Mrs. Hammond moved to approve; Mr. Smith seconded the motion. Roll call was taken with Mr. Wisniewski abstaining, and Mrs. Hammond and Mr. Smith voting “Yea.” Motion passed, 2-0.
C. APPROVAL OF MINUTES OF August 17, 2009, Special Meeting. Mr. Wisniewski moved to approve; Mrs. Hammond seconded the motion. Roll call was taken with Mr. Smith abstaining, and Mr. Wisniewski and Mrs. Hammond voting “Yea.” Motion passed, 2-0.
D. APPROVAL OF MINUTES OF August 24, 2009, Special Meeting. Mr. Wisniewski moved to approve; Mrs. Hammond seconded the motion. Roll call was taken with Mr. Smith abstaining, and Mrs. Hammond and Mr. Wisniewski voting “Yea.” Motion passed, 2-0.
3. SCHEDULED MATTERS:
A. Review and discussion regarding evaluation process for employees of Council. Mr. Smith stated Mr. Hansley had provided very comprehensive evaluation forms to be used on employees of Council. Mr. Hansley stated these forms can be used, but his question would be what process would be followed. He continued that it had been discussed that some of the areas would be evaluated by Council and the day-to-day type issues delegated to the City Manager to complete as the day-to-day supervision has been delegated to him. He stated we have also added a third employee of Council with the City Engineer and he would draft an evaluation form for that position as well. Mr. Smith stated he felt the evaluation of the City Manager was a partnership between the Mayor and Council, however, the evaluation of the Finance Director and City Engineer could be completed for the most part by the City Manager with Council input. Mr. Wisniewski stated the City Manager reported to the Mayor as far as the Charter is concerned. Mr. Hansley stated his opinion was that he was supervised by the Mayor as to the assignments given to him by Council, but he is accountable to the majority of Council. Mr. Wisniewski stated he felt Council should be involved in the City Manager’s evaluation, and Mr. Hansley stated when he was hired the contract suggested there would be some annual evaluation tied to some performance measures that Council would have established. He stated the Mayor was responsible for supervising on a day-to-day, week-to-week basis, giving guidance and supervising that function on behalf of Council because he would be at City Hall more often than the other seven elected officials. Mr. Hansley stated he thought of himself as one of the three Council employees, but we have a different process here. Mr. Smith stated his thought was that the role the City Manager would take in the evaluation of the Finance Director and City Engineer, the Mayor would take in the evaluation of the City Manager and do the bulk of the packet with Council input and then the Mayor would deliver the feedback to the Manager as the Manager would to the other Council employees. Mr. Hansley stated he agreed with that assessment. Mr. Sabatino stated he felt the Mayor should fill out the evaluation form and then during an executive session review it with Council for their input. He stated further he felt the Mayor was in a better position to look at some of the overall items because he has a closer working relationship with the Manager than Council. Mr. Smith stated feedback is extremely important in any evaluation process and he thought the best way to get that feedback is to have all of Council complete an evaluation form and submit it to the Mayor and then he could compile all of that with his own evaluation and that is what would be delivered to the Manager. He stated the same process could be used with the Finance Director and City Engineer, with all of Council filling out a form and submitting it to the Manager for use in compiling his evaluation. Mr. Hansley stated he thought that would be valuable so if there was something that Council wanted this would make him aware of it. Mr. Smith asked if Mayor O’Brien had any suggestions and Mayor O’Brien stated he felt this was the right track to take. Mr. Wisniewski and Mrs. Hammond both stated they felt this would be a process that would provide all Council members to provide any input they felt was important on the employee. Mrs. Hammond stated she felt a timeframe for the evaluations should be agreed upon so everyone would know when to expect the evaluation. Mr. Smith stated it seemed the month of January would be appropriate to do the evaluations and Mr. Hansley stated that is fairly typical. Mayor O’Brien stated at some point you will need to sit down with the employees and discuss the standards they will be rated against so they have a clear understanding and if they have any questions that can be resolved. Mr. Sabatino stated his question was why the law director was not being included in this and Mr. Hansley stated he thought it was because they are a contract employee and if they are doing a bad job, you just don’t renew their contract. Mr. Sabatino stated it is still a Council employee and Mr. Fix stated there was no reason an evaluation couldn’t be done. Mr. Sabatino stated further he felt an evaluation of who we had should be done, and then you would have that information when you begin negotiation of the contract. Mayor O’Brien stated an information evaluation could be conducted through Council and if a deficiency is found, then make that a contract item when you negotiate the new contract. Mr. Smith stated the law director is also a little different because the law director is a corporation, not an individual, and the contract is with a corporation. Mr. Hansley stated the contract comes due every year so you can either roll it over or you can sit down and have a negotiation session. Mr. Wisniewski stated he thought this was an issue that should be handled by Finance Committee, in executive session, to discuss the services we are getting and it should be done at least three months prior to the contract expiring. Mr. Sabatino stated he agreed with that. Mr. Wisniewski clarified the law director’s contract would expire on December 31st. Mr. Wisniewski suggested this be put on the October Finance Agenda for discussion in an executive session, and Mr. Smith stated it should be on every October Finance Agenda. Mr. Wisniewski stated after that executive session there would be a determination on whether the contract would be renewed, renegotiated, or go out and seek a new contract. Mayor O’Brien stated he agreed that by doing this each October, it would allow for Council to plan for every scenario. Mr. Smith stated then, generally speaking, except for the law director which would be Finance Committee in October in an executive session, for the two employees of Council the City Manager would take the lead and each council member would be invited to fill out an evaluation form and submit it to the City Manager during the month of January. He stated the City Manager would then use that input to complete his evaluation of the employee. Mr. Smith stated then that Rules Committee would recommend that by the second Council meeting in January, Council input on the employees of Council would be provided to the City Manager, and provided to the Mayor on the City Manager. He stated further, the evaluation of the law director’s contract would be conducted in October during an executive session at Finance Committee.
Mr. Smith stated he would excuse himself from the remainder of the meeting.
(Mr. Smith departed the meeting at 8:40 P.M.)
B. Review and request for motion recommend individuals for appointment to the Charter Review Board. Mrs. Hammond stated they had received 18 applications for the Charter Review Board and all of them had been interviewed. She stated all of them seemed like they would have been an asset to any Board or Commission we had. Mrs. Hammond stated the first criteria they used in evaluating the applicants was availability to attend the meetings. Mr. Sabatino clarified that should a member resign from the Charter Review Board, the vacancy would be filled just as any other Board of Commission vacancy. Mayor O’Brien clarified that the individuals already interviewed would be considered to fill that vacancy as well. Mr. Wisniewski stated in speaking to the applicants most were willing to get started immediately, as soon as it was approved. Mr. Wisniewski stated after the Board is seated, everything else is up to them as far as how often they meet, appointing the Chairman, etc. Mr. Wisniewski stated they had tried to impress upon all of the applicants the importance of the Charter. He also stated they had also tried to get a good mix of people that included individuals who had been here a long time, a few years, or brand new. He stated also they wanted a mix that had some knowledge of the Charter to next to none. Mr. Wisniewski stated for knowledgeable individuals they were recommending Lee Gray and Ted Hackworth, for moderate knowledge Susan Chapman and Tory Kramer, and for new residents with little knowledge Eric McKinney, Christopher Donathan, and Ryan Holstein. Mr. Wisniewski stated the Board was not being seated with a council member on it, and Mr. Fix stated, however, the names recommended contained a former Mayor, a former council member, and a former council candidate. Mr. Sabatino stated those individuals had been removed from those positions for some time. Mrs. Hammond stated in interviewing the applicants she felt they handled themselves very well and they all seemed able to hold their own in discussions during the meetings. She stated they had aimed to get a round mixture of residents and based on the applicants she felt that is what they had done. Mr. Wisniewski stated further seating a council member when there were 17 other residents of the community that applied did not seem appropriate. Mr. Sabatino stated he felt this was the people’s document and Council should stay out of it altogether. He stated he felt the individuals that the committee was recommending would provide a broad range of opinions. Mayor O’Brien stated he intended to be a part of the process by attending the meetings of the Board and listening and speaking when spoken to. He stated he would not try to interject anything, but he considered it a learning experience as to how the process works. Mr. Wisniewski stated there is also no reason sitting council members could not attend every one of the Board’s meetings. Mr. Fix stated if the Board was to be de-politicized, then all politicians should be taken out, current and past. Mr. Wisniewski moved to recommend the following seven individuals be appointed to the Charter Review Board: Lee Gray, Ted Hackworth, Susan Chapman, Tory Kramer, Eric McKinney, Christopher Donathan, and Ryan Holstein; Mrs. Hammond seconded the motion. Roll call was taken with Mrs. Hammond and Mr. Wisniewski voting “Yea.” Motion passed, 2-0.
4. CHAIRMAN: No Report.
5. OTHER BUSINESS: No other business was brought forward.
6. ADJOURNMENT. There being nothing further, Mr. Wisniewski moved to adjourn; Mrs. Hammond seconded the motion. Mr. Wisniewski and Mrs. Hammond voted "Aye." Motion carried, 2-0. The Rules Committee adjourned at 9:10 P.M, September 2, 2009.
RESPECTFULLY SUBMITTED:
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