WORK SESSION
PSN was a competitor during the period that Retail Lockbox was chosen as our Web Bill Pay provider. Now that we have some experience with credit card processing, the Administration can now objectively say that this proposal is "about average" with respect to the cost and the features provided.
At root, the issue is one of "at will" or "just cause." The current Employee Handbook is firmly in the "at will" camp and that point of view was carried over into the proposed "City Official Handbook." The difference between "at will" and "just cause" is the difference inherent in an "employment agreement," which is what, broadly speaking, the Civil Service Regulations are, and not having such an agreement. In either case, the "employment relationship" is, essentially, an unwritten contract. The Civil Service Regulations take the place of an employment agreement negotiated on an individual basis.
This difference, however, is heavily mitigated by the fact that, even when "at will," employment in the Public Sector is heavily regulated. In many instances, the protections offered by many federal laws and state statutes provide protection to Public Sector employees not covered by the Civil Service Regulations. The Americans With Disabilities Act, the Age Discrimination in Employment Act, and, of course, Title VII of the Civil Rights Act of 1974.
Over and above this, however, the contractual nature of the "at will" employment relationship is governed by the development of a large body of case law surrounding the fact that there is an "obligation of good faith and fair dealing" that is required on the part of both the employer, and the employee. The obligation of good faith and fair dealing is the reason employees, particularly Public Sector employees, should not fear the "at will" environment.
City Attorney Hughes, after reviewing these materials, cautions that the manual would need to be re-written if the City Council intends any relationship other than "at will" as defined by Washington State Law. This revision would, necessarily, encumber the City by effectively placing all City employees under the protection of the Civil Service Regulations.
Councilmember Gotovac has been attending the Task Force meetings and desires to share the results of these efforts up to this point.
CALL TO ORDER
AGENDA APPROVAL
APPROVAL OF MINUTES
CONSENT CALENDAR
- Payroll EFT’s in the amount of $51,889.77
- Claims Checks #28119 through #28165 in the amount of $105,034.89
for a grand total of $156,924.66
Renewals: Group Delta 9 LLC; Tenino's Farmer's Market; Tenino Market Fresh
EXECUTIVE SESSION
PRESENTATIONS
"We would like to ask the Council for a minimum $25 reduction in the cost of each pass (based on the early bird rate of $100). Interested students/families will be responsible for paying $20 for each family pass ($10 for an individual pass, if they exist) and attending a water safety course at the start of the season to be conducted by the person who trains the current lifeguards or another qualified person. The No Child Left Inside/RCO grant funds will be used to pay the City for the remaining balance of the pass, and we can use the City's $25 discount per pass as matching funds for the grant"
PUBLIC COMMENTS
PUBLIC HEARING
PROCLAMATIONS
OLD BUSINESS
The attached agreement has been reviewed by the City Attorney.
Recommended action: Move to authorize Mayor Fournier to sign the agreement.
Recommended action: Move to accept Ordinance 898 as the first reading.
Recommended action: Move to accept Ordinance 901 as the first reading.
Research has shown that, with respect to cellular technology facilities, a franchise is not the best vehicle for such an agreement. Many Cities in Washington State also recognize this fact and several have moved to agreements that are much more akin to a lease. In addition to being less restrictive for both parties, leases are easier for both parties to administer and offer the advantage, from the City's perspective, of somewhat higher revenues.
Ordinance 902 would adopt the proposed amendment to the Verizon franchise that would, in effect, convert the agreement to a lease and will take effect immediately upon expiration of the current franchise term and will result in increased revenues to the City beginning on June 1, 2022.
Recommended Action: Move to approve Ordinance 902 as a first reading.
NEW BUSINESS
The City's current copier is leased through United Business Machines and that lease is scheduled to terminate in November of 2019. United Business Machines has proposed a new lease that will provide the additional capability, but at less cost than the current lease (because we have significantly reduced the number of copies we make).
Recommended Action: Move to authorize Mayor Fournier enter into a new copier lease agreement consistent with the attached proposal.
Officer Klumper, with full knowledge on the part of the City, has applied to the United States Immigration and Customs Enforcement (ICE) Agency for employment. The agency performed a background investigation and has indicated that it intends to hire Officer Klumper, but has given him no date certain. To the best of their ability, they estimate that they willl hire Officer Klumper within the next 4-5 months.
The City has the statutory authority to hire Temporary Employees, provided the City proceeds by the terms of the City's own policies. Paragraph 3.3, Temporary Employees, of the current City of Tenino Personnel Policy Manual, provides that the Mayor Temporary Employees for a variety of reasons, provided that the term of the temporary employment does not exceed 90 hours a month (or 70 hours if eligible for PERS). There are no substantial changes to these provisions in the proposed "City Official Handbook."
If approved, the cost of the Temporary position would be charged to Program 521 (Law Enforcement) of the City's 2019 Budget. As the Police Department is currently executing Police Operations Salary & Wages almost exactly as planned, at the end of the fiscal year, the cost of the Temporary Officer would, theoretically, come from currently un-obligated General Funds. However, our experience over the past three years has been that we will have under-executed in other areas such that the cost of Temporary Officer would, in practical terms, be offset...at least to a significant degree...by those under-executed budget line items.
Recommended Action: Move to authorize Mayor Fournier approve the hiring of Reserve Officer Samantha Garcia for a period not to exceed five (5) months.
Recommended Action: Move to authorize Mayor Fournier to enter into an Interlocal Agreement to expend RCSP funds on behalf of the City of Tenino.
RESOLUTIONS
Input from City Officials of all categories.
A review by the Human Resources firm of Enquiron, along with their recommendations.
Two reviews by the City Attorney.
Recommended Action: Move to adopt Resolution 2019-01 as and for the City of Tenino, City Official Handbook.
Recommended Action: Move to adopt Resolution 2019-02 amending the City of Tenino 2019 Consolidated Fee Schedule.
ORDINANCES
Recommended Action: Move to approve as the second reading and to adopt Ordinance 900, amending the 2019 Municipal Budget.
REPORTS
2) Economic Development Council (EDC)
3) Experience Olympia & Beyond (VCB)
4) Fire District
5) Library
6) Museum
2) Park Commission
3) Planning Commission
4) Facade Improvement Grant Review Committee
5) Finance Committee
6) Public Safety Committee
2) Director of Public Works
3) City Planner / Building Official
4) City Attorney
5) Clerk/Treasurer
6) Mayor
2) Community Investment Partnership (CIP)
3) Solid Waste Advisory Board
4) TCOMM/911
5) Tenino School Board
6) Thurston Regional PLanning Council (TRPC)
7) South Thurston Economic Development Initiative (STEDI)
7) Transportation Policy Board
PUBLIC COMMENTS 2
EnterTextHere
ADJOURNMENT