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Council Minutes of 11/6/96 <br />approximately 50% income tax and 50% property tax. This balance is preferable because <br />there are not problems with shifts in the economy which cause real problems as far as the <br />ability to pay the debt service on bonds. Also, the fact that the city has 11.1 mills is a very <br />unusual feature for a municipal corporation. All in all, the presentations went well. We <br />explained that we did the things that had to be done because things were broken and we <br />fixed them. We were not there to apologize for that. We were there to tell our story and <br />felt that there are many communities, some being our neighbors, that may go into the next <br />year with a hefty balance but have impassable streets. The challenge for City Council and <br />the administration will be to maintain what has been done. <br />2) The city is currently having problems with AFSCME regarding the classification of <br />employees as "confidential" employees. On Monday, apre-hearing was held in Columbus <br />to determine the classification of the AFSCME unit and how many secretaries in the <br />Police Department should be excluded. The administration feels that two secretaries in <br />the Police Department are confidential employees who do work with collective bargaining <br />and should be excluded from the unit. <br />3) A case management conference was held in Common Pleas Court with regard to the <br />two AFSCME employees who filed a grievance after they had gone through the appeal <br />process for pre-certification with J. P. Farley. Instead of following that procedure, the <br />employees decided to file for arbitration. He has filed a motion for declaratory judgment. <br />4) There is a continuing problem with the firefighters hospitalization dispute that went to <br />conciliation. The conciliator found in the city's favor and indicated that the city should <br />have a uniform policy of health care. The firefighters union has filed a grievance and is <br />now asking for arbitration indicating that some non-union administrative personnel have <br />better benefits than the firefighters. They contend the city should find a different way of <br />calculating what the expected cost is going to be for hospitalization coverage because they <br />pay 8% of the expected cost. Both the city and the union have agreed to a bargaining <br />process which includes bargaining collectively, mediation, fact-finding and, as a last resort, <br />conciliation. This issue was resolved in conciliation, which is binding. He is currently <br />researching the aspect of filing an unfair labor practice against the firefighters union <br />because he honestly believes that they have no right to take this matter to arbitration. <br />5) We are in the process of having the case dropped which deals with the Olmsted <br />Township man, who is over 35 years of age, and claimed age discrimination because he <br />was not allowed to take the firefighters examination. Our Civil Service rules provide that <br />individuals over the age of 3 5 cannot receive an original appointment. In 1994, a <br />provision in federal law dealing with age discrimination expired. This provision had <br />exempted municipal firefighters and police employees from the 40-year-old EEOC <br />provision for age discrimination. In September, President Clinton signed a law which <br />restored this provision retroactively to 1994. <br />Mr. McKay asked the Law Director whether the secretaries who will be considered <br />confidential and therefore lose their union protection would be protected under Civil <br />Service. Mr. Gareau answered that the Police Department secretaries would be covered <br />under Civil Service. However, secretaries to directors are not covered under either the <br />union or Civil Service. Mayor Boyle commented that no director's secretary is a union <br />"""" member. Further, he wished to emphasize that most of the Law Director's report <br />3 <br />..., .~,_..,..~.. ~~.~„~k,.r .....~_ <br />