05/07/2003 Meeting Minutes - Laserfiche WebLink

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Council Minutes of 5/7/2003 Ordinance No. 2003-50 introduced by Councilwoman Kasler was given its second reading. An ordinance creating Section 161.13 of the Administrative Code, entitled "Hours of Work, Overtime Compensation and Compensatory Time OfP' providing that city Directors shall not be entitled to receive either overtime compensation or compensatory time off ("Comp Time") in connection with their city employment, and declaring an emergency, as amended. Councilwoman Kasler moved for suspension of the rule requiring three readings noting the legislation had been heard in committee. The motion was seconded by Councilman Miller. Roll call Kasler, yes; Miller, yes; Limpert, no, based on the fact that the administration had requested another two weeks because there was additional input, and he believes that courtesy should have been provided. Roll call continued: Dailey, yes; Gareau, yes; McKay, yes; Nashar, yes. The motion passed with six yeas and one nay. As the legislation was being passed under suspension of the rules, President O'Crrady invited comments from the audience. Mayor Musial said he felt the ordinance was too draconian in measure. He thinks that Council, in imposing the directors to work 40 hours a week plus attending committee meetings and the like, goes beyond what is reasonable-particularly when some of these directors are representing and supervising employees that are making much more than they're making. Dennis Lambert, 25057 Carey Lane said the legislation does not prohibit flex time. He assumes that this ordinance represents people that do not punch a clock. Therefore, the ability to work a 40 hour week and to adjust work hows is not uncommon in a management situation. He has worked in a management position and did have the ability to use flex time. Councilwoman Kasler moved for adoption. The motion was seconded by Councilman Miller. Roll call: Kasler, yes, with comment that the 40 hows per week plus committee meetings has a history which goes back quite a few years. This has always been understood as part of the position of director. Secondly, there has been ample time to have input as there have been numerous meetings, not just one committee meeting on this subject. Roll call continued: Miller, yes, with comment that, at times, Council has been put in a position where they need to legislate professionalism and integrity. Regarding the required attendance at Council meetings, Mr. Jesse has commented that he considers it his responsibility as a professional to attend Council meetings. It's unfortunate that not all the other directors have felt that way. Roll call continued: McKay, yes; Limpert, yes; Dailey, yes, commenting that he thanks the Council member for introducing the legislation and for the patience of everyone who worked an this, especially the Law Director. Roll call continued: Nashar, yes; Gareau, no, with comment that he wants to make it perfectly clear that his vote is not an endorsement of any past comp time policy in the city. He has made it very well known that he disagreed and continues to disagree with unwritten comp time policies that allowed salaried directors to accumulate hundreds of hours of comp time. Everyone agrees that was a problem. It will be addressed with this ordinance-and it needed to be. But that being said, he would be inclined to permit some comp time consistent with a reasonable unpaid comp time policy, not unlike flex time, that will be implemented for other salaried employees. This ordinance carves out a limited exception for five people, and he would not be inclined to carve out that exception but would address them with the rest of the employees and treat them similarly. The motion passed with six yeas and one no. Ordinance No. 2003-50 adopted. Councilman McKay said it should be understood that anybody who takes a director's position does not get comp time or overtime. They 16