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SIX O'CLOCK.[1. CALL SESSION TO ORDER]
WE START MEETING THE CITY COUNCIL WORK SESSION FOR THURSDAY, SEPTEMBER 7TH, 2023 TO ORDER START WITH ROLL CALL.OR, UH, COUNCIL MEMBER WILCOTT.
[3.1. Personnel Policies - Final Review (Irene Talioaga)]
POLICIES.IRE YOGA, UH, HR DIRECTOR, CITY OF PEDO.
AND UH, WITH ME TODAY IS, UH, RENEE PALMER, UM, HR COORDINATOR.
UH, WE WOULD LIKE TO GO OVER HOPEFULLY THE FINAL SESSION FOR, UM, THE TABLE OF CONTENTS AND IF THERE ARE ANY QUESTIONS, UH, EDITS OR, YOU KNOW, ANY COMMENTS.
AND THEN, UH, LEGAL ALSO PREPARED, UM, UM, ITEMS THAT THEY WOULD, UH, LIKE TO DISCUSS.
SO, UM, FIRST OFF, ON THE, UM, THE GENERAL INFORMATION, UM, UM, THE ETHICS CODE ON THERE, IT'S SOMETHING THAT WE ADDED.
UH, IF YOU'ALL HAVE ANY QUESTION ON THAT.
UH, WE GOT ALSO, WE, WE'VE BEEN WORKING WITH LEGAL, UM, ON IT, SO, AND WE WORK WITH ML, CORRECT.
UM, SO, UH, DIA, I'M NOT SURE IF YOU WANT TO COVER THE 1.2, WHICH IS ALSO PART OF THAT, UH, NEW SECTION, RIGHT? SO OUR LEGAL COMMENT WAS, IS IF THE, UM, CITY MANAGER AND CONSULTING MAY, MAY TAKE TEMPORARY CHANGES AND SUSPEND SOME PORTION FOR A PERIOD OF TIME NOT TO EXCEED 90 DAYS, THAT, UM, DEPENDING ON WHAT HE DOES, COULD INVITE LITIGATION.
SO, SO WHERE THAT'S APPLIED ALREADY WAS WHENEVER I WALKED IN THE DOOR, IT SAID THAT YOU COULDN'T WEAR BLUE JEANS AND THE PERSONNEL POLICY, AND I SUSPENDED THAT.
RIGHT? BUT THERE'S NO ACTUAL AUTHORITY STATED THAT I CAN SUSPEND CERTAIN RULES.
SO I THOUGHT IF YOU SUSPEND A RULE, YOU CAN ONLY BE TEMPORARILY SUSPENDED WITHOUT IT BEING FULLY ADOPTED BY THE COUNSELOR.
THAT WAS THE INTENT THAT I WAS LOOKING TO TRY TO DO.
IN CASE I'M SURE THERE'S OTHER THINGS IN HERE THAT APPLY TO THAT.
WHAT YOU WOULDN'T, WHAT WOULD BE CAUSING THE LEGAL ISSUES IF I SAY, OH, JUST KIDDING, YOU'RE NOT ACTUALLY PROTECTED BY HIPAA.
THAT WOULD CERTAINLY, I WOULD SAY CAUSE AN ISSUE.
SO, AND IT DOES SAY IN CONSULTATION WITH HUMAN RESOURCES AND LEGAL, UM, THE ONLY OTHER THING IS WHAT KIND OF CHANGES? IF THERE'S SOME KIND OF LIMITATION THAT COULD BE IN THERE, LIKE WHATEVER DRESS CODE, UM, CERTAIN SECTIONS RATHER THAN JUST YEAH, THE WHOLE
IF YOU WANNA, MAYBE IT'D BE BETTER IF YOU PUT PROHIBITIVE SECTIONS AND THEN THAT WAY YOU HIT THE ONES THAT ARE THE MOST LIKELY TO CAUSE LEGAL ISSUES.
I LOOK AT THIS SOMETHING I, I GUESS A LITTLE BIT DIFFERENT.
AND IF YOU JUST WENT THROUGH ALL THIS, I DON'T KNOW WHY YOU WOULD NEED SPEND OR ADD BECAUSE HERE'S WHAT I SEE.
YOU COULD THEN, YOU COULD SAY, WE COULD PASS THIS TONIGHT.
AND THEN ON THE 90TH DAY, EVERYBODY'S HAPPY.
YOU, LIKE, LET'S SAY COUNCIL SAYS THERE IS NO WORK FROM HOME.
WELL THEN YOU COULD START DOING WORK FROM HOME FOR 90 DAYS AND THEN COME TO COUNCIL AND GO, WELL, IT'S BEEN WORKING OUT GREAT.
AND TO ME THOSE DECISIONS OUGHT TO BE MADE UPFRONT, NOT, I GUESS LIKE IN A VACUUM AFTER THE FACT, WHICH I KIND OF FEEL LIKE THIS YEAR WE'VE MADE CHANGES OFFERED PEOPLE PAY AND DIFFERENT THINGS.
AND THEN AFTER WE'VE DONE THAT, THEN WE'VE COME TO COUNCIL AND ASKED FOR THE OFFICIAL.
AND I FEEL LIKE THIS JUST IN A WAY, UM, CONTINUES AND I'D RATHER ASK FIRST FOR THE CHANGE AND, AND THEN DO IT PERSONALLY, BUT, WELL, I, I, I THOUGHT BY PUTTING IT IN THIS WAY AS IT'S ONLY ALLOWED TEMPORARILY AND IT CAN'T BE A PERMANENT CHANGE UNTIL COUNSEL TAKES ACTION, THAT I'M SATISFYING WITH WHAT WOULD BE THE ISSUE.
WHICH IS ME JUST WHOLESALE CHANGING THE POLICY TO WHATEVER I WANT AND STILL MAINTAINING SOME LEVEL OF FLEXIBILITY WHEN WE SAY NO TO SOMETHING, WE'RE THE BAD GUY.
'CAUSE ALL YOU COULD SAY, WELL, ALL OF OUR STAFF LIKES THIS, ALL 140 EMPLOYEES LIKE THIS.
AND IT'S LIKE, WE'VE ALREADY BEEN DOING IT FOR THREE
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MONTHS.AND THEN, SO TO ME, WE'VE GOTTA HAVE THE DISCUSSION UP FRONT BEFORE WE GO DO ALL THE THINGS.
UM, UH, IT, IT IS JUST A ME DEAL.
IT'S KIND OF LIKE PEOPLE GOING OUT AND DOING WHAT THEY WANNA DO AND THEN COMING BACK LATER AND SAYING, HEY, IS IT OKAY TO KEEP IT OR NOT? UM, AM I OVERREACTING TO THAT OR YEAH, BECAUSE IT FEELS LIKE 2019 A LITTLE BIT TO WHERE I THINK THAT'S
I, THAT'S NOT THE INTENTION OF THIS.
I MEAN, I KNOW THAT YOU'VE ALWAYS LOOK ON THE, ON THE WORST CASE SCENARIO, YOU DON'T TRUST ANYONE.
I KNOW THAT, THAT YOU WON'T CHANGE.
UM, BUT THAT'S NOT THE INTENTION OF THIS.
I MEAN, IF THERE'S SOMETHING THAT'S MAJOR, THAT IS, I MEAN, IF HE'S CONSULTING WITH THE ATTORNEY, HE'S CONSULTING WITH HR, HE'S PUTTING IN A TEMPORARY THING IN PLACE.
I MEAN, I SEE NO PROBLEM WITH THAT.
IF WE SEE A PROBLEM WITH IT, SOMETHING'S BEEN IMPLEMENTED IN THE FIRST COUPLE OF WEEKS OR SOMETHING AND WE REALLY HAVE HEARTBURN OVER IT, WE CAN ALWAYS PUT IT ON THE AGENDA AND WE CAN TALK ABOUT IT ON THE COUNCIL MEETING.
IF THAT PREVENTED US FROM, FROM BEING ABLE TO, TO PUT SOMETHING ON THE AGENDA TO SAY, HEY, I THINK WE NEED TO SOLVE THIS.
IF IT'S LIKE SOME KIND OF AN EGREGIOUS, HOW WOULD YOU EVER KNOW IT GOT DONE AFTER A COUPLE WEEKS? I WOULD NOT KNOW.
I DON'T KNOW WHAT'S GOING ON IN CITY HALL UNTIL IT COMES US TO COUNCIL.
I THINK A DIFFERENT WAY OF PUTTING YOUR CONCERN IS IF YOU ASK FOR A PUPPY AND YOU GET TOLD NO, YOU DON'T GET A PUPPY.
IF YOU BRING A PUPPY HOME, KEEP IT FOR A WEEK.
THAT'S, THAT'S, IT'S HARD TO GET RID OF.
THAT'S A BETTER WAY OF ARTICULATING THE CONCERN.
AND I, ANYTHING ON THAT? NO, I'M, I'M OKAY WITH THAT ONE.
AND, UH, WE'RE GONNA SKIP THE, UM, A O C A D A.
DO YOU HAVE ANY QUESTIONS FROM THE, UM, LAST, UH, DISCUSSION WE'VE HAD? OKAY.
DOTTIE ON THE A D A A I SEE YOUR NOTES ON THERE.
IS THERE ANYTHING YOU DO WE JUST NEED TO REMOVE THE MISQUOTE AND JUST GO WITH THE MARGIN.
BEING REGARDED AS HAVING SUCH AN IMPAIRMENT.
WE'LL JUST, WE'LL JUST REVISE THAT.
UH, ON THE EMPLOYEE BENEFITS AND SERVICES, OH, ARE YOU SKIPPING 4.4? WE'RE GOING DOWN IN ORDER? NO, WE'RE GOING ON BOTH.
UM, THE, UM, TABLE OF CONTENTS AND THEN, UM, LEGAL'S COMMENTS.
THAT'S HOW, SO WE WERE JUST ON 3.1 SO WE WEREN'T UP TO 4.14 YET.
UM, UNEMPLOYED BENEFITS AND SERVICES.
ANY, ANY QUESTIONS ON THAT AS FAR AS WHAT'S CURRENTLY, UM, WRITTEN? HOLD ON.
UM, RECRUITMENT, I'LL GO BACK ON THE FOUR POINT 14.
BEFORE I GO ON THE RECRUITMENT.
THAT NEEDS TO NOT BE PERMITTED.
SO NOT BE PERMITTED? NO, BECAUSE IT, I IT IS NO DIFFERENT THAN THE OTHER STUFF.
AND SOMETHING SPILLED LIKE THAT, THAT WOULD BE DISGUSTING.
AND IF PEOPLE ARE SHARING A VEHICLE HAVING TO BE EXPOSED, EVEN IF IT'S ANOTHER THING, IT'S A DISTRACTION.
IT'S JUST LIKE YOU CAN'T USE CELL PHONES OR ANYTHING ELSE.
IT'S NOT BEING HANDS-FREE, PAYING ATTENTION TO WHAT YOU'RE DOING DRIVING.
SO I, I THINK IT SHOULDN'T BE THERE.
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IS THAT THE GENERAL CONSENSUS? NO DIP TO, WE GOTTA JUST MAKE SURE.SO ONE OF THEM HERE AND ONE, SO I PURPOSELY LEFT IT OUT FROM THE SMOKE AND VAPE BECAUSE IT'S TWO DIFFERENT THINGS.
BUT TO HIS POINT ABOUT IT NOT BEING ALLOWED INSIDE THE VEHICLE, I THINK THAT'S APPROPRIATE.
IT SAYS DIP AND SMOKELESS IT LIKE A SMOKING, IS THAT NO, IT'S MEANT SPECIFICALLY FOR CHEW.
SO SHOULD, 'CAUSE WE HAVE VAPE AND SMOKING SPECIFICALLY DEFINED.
BUT NOT, WE DIDN'T SPECIFICALLY STATE DIPPING.
SO IT'S NOT THAT IT SAYS DIPPING IS, IS ALLOWED, IT JUST DOESN'T SAY THAT IT'S PROHIBITED.
SO THAT MEANS IT'S ALLOWED MM-HMM.
SO WE WOULD SAY THAT IT'S PROHIBITED WHERE AN EMPLOYEE IS DONE WITH A VEHICLE.
HOW DOES THAT, HOW ARE THEY, HOW'S THE VEHICLE CONDITIONED? HOW ARE THEY PAID? I MEAN, HOW ARE THEY HELD ACCOUNTABLE FOR THE VEHICLES? THEY'RE, THEY'RE NOT RIGHT NOW.
THAT'S A POLICY THAT WE'RE WORKING ON RIGHT NOW.
SO YOU'VE GOT SOME EMPLOYEES WHO SPEND THE WHOLE TIME IN THE VEHICLE MM-HMM.
AND SO IF THEY CHOOSE, YOU'RE GONNA ASK AN OFFICER, LET'S SAY THAT EVERY TIME THEY DIP.
SO EVERY TIME THEY WANNA DIP, THEY'RE GONNA PULL OVER ON THE SIDE OF THE ROAD, NOT DRIVE AROUND DOING THINGS ALL JUST TO FOLLOW A RULE THAT WELL, NO, WHAT WILL HAPPEN IS THAT THEY WILL, THEY WILL DIP ANYWAY.
WELL, I'M JUST, I'M JUST SAYING IN MY EXPERIENCE THAT'S WHAT HAPPENS.
AND SO, BUT YEAH, I HEAR WHAT YOU'RE SAYING.
SO LIKE IF YOU'RE, IF YOU'RE ASSIGNED A VEHICLE ALL DAY, THAT I COULD SEE THAT BEING AN EXCEPTION.
WELL MEANS YOU'RE RESPONSIBLE FOR CLEANING AND CARE OF IT TOO.
TO ME, THAT'S WHERE I THINK WE'VE FIXED THIS.
IT'S NOT IN, YOU CAN'T GET, BUT IF YOU BRING THE CAR BACK OR THE VEHICLE BACK OR WHATEVER, I DON'T KNOW IF THEY'RE ASSIGNED.
I DON'T KNOW HOW THE VEHICLES ARE GIVEN.
BUT IF THEY'RE ASSIGNED TO A PERSON, WHEN YOU BRING IT BACK AND IT'S TORE UP, I MEAN THAT WHATEVER THE ACCOUNTABILITY THERE IN.
BUT OTHERWISE, YEAH, YOU'RE ALMOST MAKING PEOPLE EITHER BE VERY INEFFICIENT.
UM, 'CAUSE I, I DON'T CHEW, BUT I KNOW PEOPLE THAT DO AND THEY MAY HAVE A DIP IN THEIR MOUTH FOR AN HOUR AND THAT'S NOT A SLOW PROCESS.
SO I'D RATHER SEE IT JUST NOT BE OUT.
AND, UM, I CAN SEE VAPING A LITTLE BIT.
I DON'T KNOW IF IT LINGERS, BUT I COULD DEFINITELY SEE CIGAR OR CIGARETTE SMOKE.
THAT WAS THE NOTION IS LIKE ANYTHING THAT WAS EXPRESSED INTO THE AIR, WE WOULD, WE WOULD JUST SAY NO TO.
AND THEN ANYTHING ELSE THAT WASN'T, WE JUST WOULDN'T SAY IS ALLOWED, BUT WE WOULDN'T DISALLOW EITHER.
SO, AND SOME OF THAT'S BASED OFF OF MY EXPERIENCE AND I DON'T, I DON'T MEAN TO BE THAT GUY, BUT A LOT OF THE FOLKS WHO, WHO CHOOSE TO DIP, THEY'RE GOING TO DIP.
SO I'M EITHER JUST GONNA HAVE A DISCIPLINE PROBLEM AND I'M GONNA END UP WITH DIFFERENT EMPLOYEES OR I'M GONNA IGNORE THE ISSUE, WHICH IS A, A POLICY WHICH IS NOT N NEITHER OF THOSE TWO ARE GOOD OUTCOMES FOR ME.
GENERALLY SPEAKING, SINCE SMOKELESS TOBACCO DOESN'T AFFECT OTHERS IN THE SAME WAY THAT VAPOR CLOUDS AND SMOKE CLOUDS DO.
SO IS A LAWNMOWER, A C VEHICLE IS A WHAT? LAWNMOWER.
WE WOULDN'T CONSIDER THAT A VEHICLE.
I'M WITH COUNSELING PARK ON THIS ONE.
I MEAN, I THINK IT'S AN EMPLOYER VEHICLE.
IF YOU'RE HAVING THE PRIVILEGE OF BEING ABLE TO USE AN EMPLOYER VEHICLE, THEN YOU NEED TO BE WILLING TO ABIDE BY WHATEVER RULES,
I MEAN, YOU COULD MAKE THAT ARGUMENT FOR PEOPLE WHO NEED TO SMOKE OR IF YOU NEED TO VAPE OR YOU NEED TO DO ANYTHING ELSE.
THEY'RE GONNA, THEY'RE GONNA, THEY'RE GONNA DO, I THINK IT'S TREATING PEOPLE DIFFERENT.
YOUR VICE IS OKAY, YOUR WHATEVER ENJOYS.
BUT IT'S PRETTY MUCH THE SAME THING.
I, I THINK, I THINK WE GET INTO THAT ISSUE PERSONALLY IS YOU CAN'T SMOKE, YOU COULD BE A TOUGH PAIN.
IT JUST DOESN'T SEEM CONSISTENT.
SEEMS LIKE YOU'RE ENCOURAGING PEOPLE TO GET MOUTH AGAINST HER VERSUS ONE.
WELL THAT'S NOT, YEAH, I MEAN, I HEAR WHAT YOU'RE SAYING IT, I'M FINE EITHER WAY.
I JUST THINK THAT, UM, WE HAVE TO DECIDE IT'S EITHER GONNA BE EX EXPLICITLY PROHIBITED OR IT'S GOING TO BE PROHIBITED IN CERTAIN CIRCUMSTANCES OR IT'S GOING TO BE JUST SILENT AND NOT SPOKEN TO.
ARE YOU, WITH THE WAY THIS IS WRITTEN, ARE YOU ABLE TO GIVE SOMEONE 90 DAYS TO GET A DIP IN A CAR AND THEN EXTEND IT LIKE ONLY 93RD DAY FOR ANOTHER 90? NO, BECAUSE THAT WOULD BE THE SAME.
AND I'VE EXTENDED IT MORE THAN 90 DAYS.
'CAUSE I MEAN, I THINK THAT IT SHOULDN'T BE ALLOWED INSIDE OF A VEHICLE, BUT AT THE SAME TIME, LIKE YOU SAID, IF YOU'RE GONNA DIP, THEY'RE GONNA DO IT.
WHAT I HAVE FOUND IS THAT WAIT, WHAT
TO WAKE YOU UP OR SOMETHING OR WHATEVER.
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MY EXPERIENCE IS THAT THE EMPLOYEES WHO SMOKE ARE FINE GOING OUT ON THEIR BREAKS AND SMOKING OUTSIDE, THEY'RE OKAY.BUT THE ONES THAT DIP USUALLY ARE, OR A PARTICULAR CLASS OF EMPLOYEE THAT ARE USUALLY IN THE FIELD, GENERALLY SPEAKING.
IT'S NOT MEANT TO BE A DISPARAGEMENT, IT'S JUST THE FACTS.
AND THEY TYPICALLY DO, EVEN IF YOU SAY THAT IT'S AGAINST THE POLICY, THEY DO IT ANYWAY.
I MEAN, WE CAN FIRE ALL THOSE PEOPLE I SUPPOSE.
I DON'T THINK IT'S A FIREBALL FENCE.
I MEAN, HONESTLY, I DON'T THINK IT'S THE MAYOR'S POINT ABOUT CLEANING IT UP.
I MEAN, AND THEY'RE RESPONSIBLE FOR, YOU KNOW, THEY GOT
WELL, I MEAN MAYBE THAT'S THE, MAYBE THAT'S THE ISSUE THAT YOU CAN'T HAVE YOUR DISPOSAL, YOU CAN'T HAVE A IT LIKE A COKE.
IF YOU REAR END SOMEBODY COKE OR ANYTHING ELSE, BUT YOU KNOW, IT'S
IT'D BE LIKE A HEAT OUR CARS AND ALL THAT.
UM, YEAH, THIS KIND, I HAD THIS ISSUE WITH, UH, SOME OF OUR FINES AND FEES.
WE, WE TELL PEOPLE FOR FIVE BUCKS YOU HAVE TO, BUT THE VAST MAJORITY OF PEOPLE AREN'T.
THIS IS ALMOST LIKE AN HONEST PENALTY.
IF YOU'RE BY THE BOOK, YOU'RE NOT, UM, AND A CIGARETTE TAKES, UH, YOU CAN BURN ONE LIKE FIVE MINUTES PROBABLY.
AND CHEW IS, IT'S LIKE A, I MEAN, PEOPLE GO TO BED WITH IT IN THEIR MOUTH.
SO THIS IS LIKE A, I MEAN THIS IS NOT EQUIPMENT.
WELL I DON'T WANT TO BURN A BUNCH OF TIME ON THIS, BUT I, I KIND OF GET THE POINT.
SO IT'S MORE ABOUT THE, THE CLEANLINESS AND THE AESTHETICS OF IT AND, AND SOMEWHAT OF A FAIRNESS ISSUE.
BUT I DO THINK, YOU KNOW, WE'RE, WE'RE GIVING THE OPPORTUNITY, YOU KNOW, FOR THE SMOKERS TO TAKE THEIR BREAKS AND THOSE SORTS OF THINGS, WHICH IS, YOU KNOW, A BENEFIT IF YOU WILL, IF YOU WANNA LOOK AT IT THAT WAY.
YOU COULD SAY WE'RE ENCOURAGING PEOPLE TO GET LUNG CANCER SO THEY CAN, WE HAVE EXTRA BREAKS, BUT, BUT THAT'S NOT WHAT WE'RE DOING.
I STILL THINK THAT SHOULD BE WELL, IS THERE A PREMIUM DIFFERENCE ON YOUR HEALTHCARE COVERAGE IF YOU'RE SMOKE FREE? BECAUSE I KNOW IT, LIKE OUR COMPANY AND OTHERS, YOU CAN, I DON'T KNOW IF THEY, NO, I'M SURE IT AFFECTS OUR RE-RATE IF WE HAVE A BUNCH OF TOBACCO USERS, BUT IF THERE'S A BUNCH OF CLAIMS RELATED TO THAT.
BUT YEAH, THE MAIN THING IS, IS THAT, YOU KNOW, WE'VE WRITTEN THE POLICY IN SUCH A WAY AS TO BE SILENT TO IT.
I WAS JUST SAYING BUT TO ENCOURAGE HEALTHY, IF THERE'S A WAY THAT WE CAN LOOK IN THE FUTURE IN THE NEXT YEAR WHEN WE DO YEAH, NO, WE, WE DON'T, YEAH, WE DON'T HAVE THAT RIGHT NOW.
BUT I KNOW IN OTHER CITIES LIKE AUSTIN, THEY HAVE IT, BUT THEY'LL SELF-INSURED.
THAT'S TYPICALLY BE THE SELF-INSURED.
BUT WE CAN'T ENCOURAGE YOU THE WELLNESS PROGRAM TO TO SAY IN OR KIND OF GIVE THEM, REWARD THEM REWARD AS A WELLNESS PROGRAM AND YOU GET, YOU GET EXTRA MONEY BACK.
IF YOU'RE, SO MAYBE WE CAN DO SO SOMETHING LIKE THAT.
GET YOUR HEALTH CHECK, YOU KNOW, VISION CHECK, ALL THAT STUFF.
UM, YOU GET, AND THEN THEY CAN GET, YOU KNOW, LIKE DIFFERENT PER, AS PART OF THEM, UM, STAYING HEALTHY.
UM, NOW WE WERE GONNA OH, FOUR POINT, UH, DOTIE 4.20.
SO WE SAID, OH, SO THE DISCREPANCY IS YOU'RE A CURRENT EMPLOYEE, YOU GET PROMOTED, YOU HAVE A PROBATIONARY PERIOD CONFLICTS WITH THE AMOUNT THAT YOU GET FOR PARENTAL LEAVE.
DID YOU GET, DID YOU GET PROMOTED? YOU'RE ON PROBATION YEAH.
IT'S A REASSESSMENT BECAUSE IT'S A NEW JOB FOR YOU.
IT'S NOT LIKE DISCIPLINARY PROBATION, IT'S ASSESSMENT BECAUSE YOU'RE PUT INTO A NEW POSITION.
SO STILL A POSITION AND YOU, YOU DIDN'T CUT IT THEN WHAT DO YOU DO WITH THAT PERSON? WELL, IF THEY GET, THEY CAN GET DEMOTED BACK TO THEIR POSITION OR THEY CAN GET TERMINATED AT THAT POINT.
SO IF YOU FILL THE POSITION, THEN THEY'RE GETTING TERMINATED.
THEY'RE NOT USUALLY GONNA DO THAT IN 30 TO 60 DAYS.
AND IT, THE PROBATIONARY WHEN IS PROMOTED IS NINE DAYS.
AND THE WAY THE POLICY ON PARENTAL THE READS IS THAT YOU DON'T GET
SO YOU SHOULD WRITE IN AN EXCEPTION, ASSUME YOU PROMOTED OF THE INITIAL PROBATIONARY PERIOD.
JUST SAY INITIAL PROBATIONARY PERIOD.
CAN'T TAKE, THAT'S WHAT SHE'S SAYING.
'CAUSE IT JUST SAYS YOU'RE NOT ELIGIBLE UNLESS YOU HAVE COMPLETED PROBATIONARY PERIOD.
SO IT JUST SHOULD JUST SAY THE INITIAL PROBATIONARY PERIOD.
ONLY GET ONE PROBATIONARY PERIOD YOUR FIRST SIX MONTHS ONCE YOU ARE HIRED.
AND I SEE WHAT, WHAT DOTTIE IS SAYING, YOU DON'T GET A SECOND PROBATIONARY PERIOD.
SO THAT 90 DAYS IS REALLY FOR YOUR NEW POSITION, YOU KNOW THAT YOU GOT PROMOTED
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MM-HMM.SO WE'RE GONNA JUST PUT INITIAL IN.
I DON'T THINK, UM, FOR US, I, I THINK IT'S JUST A NOTE THERE.
RIGHT? SO PUT ON THE 26 WEEKS IS THE, UM, LEAVE FOR THE MILITARY.
AND SO THE SENTENCE IS JUST TALKING ABOUT F M L A.
SO WE SHOULD JUST SAY PROVIDES UP TO 12 WEEKS.
AND THEN OVER WHERE WE TALK ABOUT THE, UM, UNDER ELIGIBILITY, WE SHOULD SAY THAT THAT'S WHERE YOU GET 26 WEEKS.
UM, IT'S THE 26 WEEKS, IT'S IN THE WRONG PLACE.
AND ON THE UH, 4.29 AS FAR AS THE PD SPECIFIC SECTIONS, THERE'S UM, FOUR.
SEE YOU WANT THIS IS, UM, IT'S ONE WAY OR THE OTHER.
I MEAN YOU CAN MOVE ALL THE PD SPECIFIC SECTIONS TO THE POLICE STANDING ORDERS OR YOU CAN JUST COMBINE 'EM IN THE POLICY.
DO WE APPROVE POLICE STANDING ORDERS? MM-HMM.
SEPARATE 'EM IN TWO DIFFERENT THINGS.
AND WHY IS THIS THE SAME DOCUMENT THAT'S IN THE SAME STUDENT ACCESS AT THE SAME PLACE? UM, I THINK IT IS A TABLE OF CONTENTS WITH THE DATES AS OF RIGHT NOW.
'CAUSE IT'S A LOT OF DOCUMENTS AND NOT ALL OF IT SHOULD BE PRIVY TO THE PUBLIC.
SO, BUT WHAT IS IN HERE IS THE STANDING ORDER, THE DATE IT WAS ADOPTED AND ITS TITLE ADOPTED BY TABLE REFERENCE.
AND THEN THAT WAY, WHENEVER A CHANGE NEEDS TO HAPPEN, IT CAN'T GET IMPLEMENTED UNTIL COUNSEL AMENDS.
AND THEN THIS COULD BE I SUPPOSE ONE OF THOSE SITUATIONS WHERE CHIEF NEEDS TO MAKE A CHANGE.
I WOULD SUSPEND THE RULE FOR UP TO 90 DAYS TO ALLOW THE CHANGE TO GO INTO PLACE AND THEN COUNSEL TO, TO THE MAYOR'S POINT.
THAT'S SOMETHING THAT COULD HAPPEN IN THAT REGARD.
I'D BE OKAY WITH THE PUPPY THING IF IT WAS LIKE 30 DAYS, WHATEVER.
THE POINT IS TO BE ABLE TO BE FLEXIBLE AND RESPONSIVE TO WHATEVER THE SITUATION IS.
BUT I DO THINK IF IT'S POLICE SPECIFIC, IT PROBABLY SHOULD BE IN A POLICE SPECIFIC AREA LIKE THE QUARANTINE LEAVE.
IT DOESN'T HAVE TO READ AT ALL.
ALL OF THEM, WHENEVER YOU FIND THEM, JUST MOVE 'EM DOWN, MATT.
SO WHAT I WOULD DO IS I WOULD CREATE A SECTION DOTTIE THAT IS JUST POLICE SPECIFIC AND THEN HAVE THAT BE AT THE VERY END RIGHT BEFORE THE TABLE THAT REFERENCES ALL THE STANDING ORDERS.
BECAUSE HOW WE TREAT ON PERSONNEL IS NOT THE SAME THING AS A STANDING ORDER, BUT IT DOES.
BUT TO ME IT MAKES SENSE THAT THEY'RE GROUP TOGETHER.
IS THAT CLEAR ENOUGH? LIKE PERSONNEL POLICY SPECIFIC TO THE POLICE DEPARTMENT.
HERE THEY ARE MENTAL HEALTH, BLAH BLAH, BLAH, BLAH, BLAH, BLAH, BLAH.
AND HERE'S THE POLICE STANDING ORDERS THAT ARE ADOPTED AND ACCEPTED.
SO HOW, HOW DO YOU WANT IT AGAIN? I MEAN AS FAR AS FORMATTING, I WOULD PUT, IF I GO DOWN TO THE VERY END OF THE PERSONAL POLICY AS OF RIGHT NOW.
THE LAST SECTION IS SAFETY AND LOSS.
MAYBE AT THE END OF THIS SECTION I WOULD GO ALL THE WAY TO THE END OF SAFETY AND LOSS AND THEN I WOULD CREATE POLICE SPECIFIC PERSONNEL POLICIES.
AND THEN PUT IN THERE ITEMS IN SECTION 14.
AND THEN THAT'S WHERE YOU REFERENCE THE STANDING ORDER TABLE, WHICH IS ATTACHED CURRENTLY AS THE GENERAL ORDERS TABLE OF CONTENTS.
IS EVERYONE OKAY WITH THAT? DO YOU WANT JUST REFERENCE OR MA'AM IN THIS SECTION WHERE IT'S ALL TALKING ABOUT LEAVE, YOU WANT JUST A REFERENCE SAYING POLICE LEAVE POLICIES ARE FOUND AND THEN IF YOU THINK THAT'S APPROPRIATE, I MEAN I JUST A AS LONG AS IT'S
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ALL IN THE SAME PLACE AND IT'S NOT CONFUSING.WOULD IT BE OKAY IF WE, WE WILL STATE THAT, BUT WE WILL ALSO INCLUDE, UM, THE HYPERLINK SO THEY CAN, YOU KNOW, IF IT'S ONLINE, THEY CLICK IT AND THEN GO.
ANYBODY PUBLIC WANTS TO SEE IT? ANYBODY YEAH.
IF THERE'S A HYPERLINK AND IT'LL TAKE THEM TO PD POLICIES.
JUST WANTED TO, SOMEBODY READ THIS AND THEY KNOW PERSONNEL AND THEY'RE A MEMBER OF THE PUBLIC AND THEY'RE GOING, WHAT ABOUT ALL THESE NEW LEAVES FOR THE POLICE? OKAY.
KIND OF LIKE DOUBLE UP ON THE SECTION BUT NOT REALLY DUPLICATE IT.
BUT YEAH, WE'LL HAVE A REFERENCE IN THERE.
LINK IT, HYPERLINK, TAKE 'EM OVER TO WHERE THEY'RE ALL IN PLACE.
UH, YOU STILL ON IT? UM, DOTTIE SEVEN, 5.220 5.2 AND THEN 5.72.
IT'S C CITY MANAGER AUTHORIZED THIS JOB OFFER CLEARLY IDENTIFIED THAT THE CANDIDATES RELATED TO AN EXISTING EMPLOYEE.
ONE OF THE COMMENTS WAS, UM, ALLOWS THE CITY MANAGER TO BYPASS THE PRIOR NEPOTISM RESTRICTIONS OTHER THAN THOSE THAT'S IN THE CHARTER AND IT'S SAVED.
SO YEAH, THAT SHOULDN'T BE THE CASE.
WHAT THE INTENT HERE WAS, AND YEAH, IT JUST, WE NEED TO, THE INTENT WAS TO SAY THAT I CAN APPOINT PEOPLE TO POSITIONS.
I DON'T HAVE TO POST POSITIONS FOR 14 DAYS.
I DON'T HAVE TO HAVE A, A PANEL OF INTERVIEWS.
I CAN DETERMINE WHATEVER THAT POLICY IS.
SO IF IT'S SAYING THAT I CAN BYPASS NEPOTISM, THAT IS NOT AT ALL WHAT, WHAT THE INTENT WAS.
WELL, THAT'S WHY IT'S HIGHLIGHTED, BECAUSE IT LOOKS LIKE, YEAH, THAT'S NOT THE INTENT.
SO HOWEVER THAT NEEDS TO BE REPHRASED.
SO LIKE INCOMPLIANT WITH THE CITY CHARTER OR SOMETHING LIKE THAT.
BECAUSE WHAT IT'S LAYING OUT HERE IS WHAT THE TYPICAL PROCESS IS, RIGHT? PRE-INTERVIEW PROCESS, INTERVIEW PROCESS ASSESSMENT, SELECTION, POST-INTERVIEW.
UM, AND THEN THERE'S POLICE SPECIFIC STUFF IN HERE, BUT THAT'S JUST THE BEST PRACTICE THAT WE FOLLOW.
I, I CAN DEVIATE FROM THAT AND APPOINT SOMEBODY TO A POSITION AND NOT POST IT.
SO THAT'S THE, THAT'S THE POINT IS TO SAY THAT THIS IS THE PROCESS THAT WE FOLLOW, BUT THE PROCESS CAN CHANGE.
MAYBE WE, WE FEEL LIKE WE NEED TO START POSTING JOBS FOR 30 DAYS INSTEAD OF 14.
14 INSTEAD OF 10 OR WHATEVER ELSE.
YOU COULD SAY A MINIMUM OF 10.
BUT WHAT, YEAH, TO ME, THIS, AGAIN, THIS IS A SECTION SHALL NOT BE INTERPRETED TO RESTRICT OR PROHIBIT THE CITY MANAGER FROM EXERCISING THE SOLE RIGHT.
TO APPOINT PERSONS TO POSITION.
WHETHER IN ACCORDANCE WITH THE PROCEDURES LAID OUT IN THE SECTION OR NOT.
THEN IT SHOULD JUST STOP RIGHT THERE AND NOT EVEN HAVE ALL THE PROCEDURES.
BECAUSE IF RIGHT OUTTA THE GATE YOU'RE ABLE TO BYPASS ALL THE PROCEDURES, THEN WHY HAVE THE PROCEDURES? 'CAUSE EMPLOYEES MAY BE THINKING, HEY, THERE'S A SO AND SO IS LEAVING.
I, I GOT A SHOT AT MAYBE AT THIS.
BUT THEN IT'S LIKE, NO, ACTUALLY I'M PICKING THIS PERSON.
AND I WOULD THINK THIS WE GET TO BE A BIGGER ORGANIZATION.
IT SEEMS IT SEEMS LIKE YOU'RE PUTTING A LOT OF RISK ON YOURSELF BECAUSE OF, AS SOON AS YOU PICK THIS PERSON OVER HERE AND YOU BYPASS THIS, THEN I'M GONNA SUE YOU BECAUSE FOR WHATEVER DISCRIMINATORY REASON YOU DIDN'T PICK ME OR YOU DIDN'T INTERVIEW ME OR YOU DIDN'T, WHATEVER, I'LL SUE YOU FOR THAT BECAUSE YOU DIDN'T AT LEAST LET ME INTERVIEW FOR IT.
SO HOW DO, OKAY, SO IT'S AN APPOINTMENT THAT'S NOT HIRING A POSITION YET.
SO NO, IT WOULD BE, IT COULD BE TO HIS POINT, IT COULD BE HIRING A POSITION.
SO LET'S SAY IRENE LEAVES LET'S, I WALK IN THE DOOR AS CITY MANAGER AND I SAID, ALL OF MY LEADERSHIP TEAM, YOU'RE ALL FIRED.
AND I JUST SAID, I'M HIRING MY OWN PEOPLE THAT I KNOW.
BUT TO DO, TO DO IT THIS WAY, I WOULD POST THE POSITION I WOULD PUT ON A BIG SHOW.
AND THAT'S, SO THAT'S, I'M, I'M NOT SAYING THAT I WANT TO DO IT.
I'M JUST SAYING HOW DO I BALANCE DEFINING THIS IN THE RIGHT WAY TO WHERE THE CITY MANAGER MAINTAINS HIS DISCRETION TO BE THE C E O OF THE CORPORATION.
BUT AT THE SAME TIME, RECOGNIZING THE FACT THAT NOT ALL THE TIMES ARE YOU ALWAYS GONNA FOLLOW EVERY SINGLE PROCEDURE EXACTLY THE WAY THAT IT IS IN EVERY SITUATION.
SO THAT, THAT'S MEANT TO, IN MY PERSONAL LIFE, EVERY JOB GOES
[00:30:01]
OUT.AND SOME OF 'EM YOU'RE NOT, YOU, YOU DON'T NEED A QUALIFICATION.
YOU EITHER GOTTA HAVE AN EDUCATION OR A TRAINING OR SOMETHING, BUT EVERYBODY GOES OUT.
BECAUSE AGAIN, IF IRENE LEAVES, THEN YOU CAN JUST PICK SOMEBODY AND BRING 'EM IN.
BUT THE OTHER EMPLOYEES MAY SAY THAT I'VE BEEN HERE FOR 15 YEARS.
BECAUSE I STOOD UP TO HIM AND TO ME IT WOULD, IT WOULD BE SAFE FOR YOU.
I WOULD THINK YOU JUST WOULDN'T WANT THAT RISK IF YOU HAD TO OPEN UP TO EVERYBODY AND WE WENT OUTSIDE THE ORGANIZATION OR THE REASON WE PICKED WHOEVER.
UM, SO, AND WE NORMALLY HAVE LIKE AN INTERNAL JOB BOARD WITH LIKE, WITH OURS FOR LIKE SEVEN DAYS.
NO, WE DON'T INTERNAL WE DON'T DO THAT RIGHT NOW.
BUT I'M SAYING THAT WOULD ALSO BE A GOOD POLICY IF, YOU KNOW, IT'S YOUR, YEAH, WE HAVE THAT WE HIRE INTERNALLY FIRST AND THEN, RIGHT.
YOU HAVE TO HAVE THE POST FOR LIKE SEVEN DAYS AND THEN NO ONE POSTS, THEN IT GOES LIVE TO LINKEDIN AND FACEBOOK.
SO WHAT HAPPENS IF ONE PERSON APPLIES WITHIN THE SEVEN DAYS, THEN YOU ONLY INTERVIEW THE ONE PERSON? NO, THEY'RE, BUT THEY'RE GUARANTEED THAT THEY GOT A CHANCE TO BE IN THE INTERVIEW PROCESS.
WELL, I'VE ALREADY GUARANTEED THAT.
AND ANY INTERNAL EMPLOYEE THAT APPLIES FOR A JOB, THEY GET INTERVIEWED.
BUT WHERE DOES THAT SAY A POLICY IN THERE? THAT'S MY POINT.
BUT IT DID, THAT'S WHAT I'M SAYING.
THAT'S WHAT WE'RE ALREADY DOING.
AND AGAIN, I KNOW MAYOR PRO, I DIFFERENT THIS, THIS ISN'T ABOUT YOU.
IT'S ABOUT IF YOU QUIT TOMORROW AND THE INTERN COMES IN, WHAT ARE THEY GONNA DO? BECAUSE THEY MAY WALK IN AND GO, THIS IS SWEET.
LIKE, THERE'S A LOT OF STUFF I CAN DO.
IT'S NOT THAT I DON'T TRUST YOU.
I'M HERE FOR FOREVER AND EVER AND EVER.
BUT AS LONG AS, UM, SO, SO I'M FINE WITH PULLING THE SECTION OUT.
I STILL THINK THE CITY MANAGER HAS THE DISCRETION TO BE ABLE TO HIRE AND DO ADMINISTRATIVELY WHAT THEY FEEL IS RIGHT.
AND THEN THE COUNCIL CAN CERTAINLY TAKE ISSUE WITH THAT.
THAT'S JUST ME FROM THE ADMINISTRATIVE SIDE, REGARDLESS OF WHAT THE POLICY SAY.
BUT THAT SAID, UM, REALLY THE ONLY TIME THAT I HAVE REALLY INSTITUTED USING MY DISCRETION IS ON APPOINTING INTERIMS. MM-HMM.
AND, AND THAT'S WHERE I'VE BEEN APPOINTING PEOPLE, WHICH IS USUALLY THE NEXT PERSON IN LINE.
UNLESS I DON'T HAVE SOMEONE NEXT IN LINE AND I HAVE TO FIND SOMEONE ELSE.
SO, YOU KNOW, I I THINK THIS TAKES AWAY YOUR ABILITY TO HIRE.
THIS JUST IS, TO ME, THE COUNSELOR GOES WITH TAKING THAT OUT.
IT'S TELLING YOU THAT AS A CITY MANAGER YOU HAVE THE RIGHT TO HIRE AND FIRE PEOPLE.
BUT WHEN YOU HIRE PEOPLE MM-HMM.
BECAUSE THEN IF WE GO TO LITIGATION, WE CAN SAY, OKAY, YEAH, WE FOLLOWED THE PROCESS.
16 PEOPLE AND YOU DIDN'T, YOU JUST WEREN'T QUALIFIED.
HE JUST HIRED ALL THE PEOPLE THAT HE KNEW
SO CAN WE AGREE ON JUST REWORDING IT SO IT DOESN'T ACROSS AS I THINK THAT CERTAINLY I DON'T MIND FOR AN APPOINTMENT.
THERE'S LIKE SOME TIMELINE THAT YOU, LIKE, YOU HAVE, YOU CAN, YOU CAN APPOINT SOMEBODY 'CAUSE YOU DON'T WANNA HAVE A VACUUM OF, OF A POSITION.
BUT THEN YOU HAVE TO FOLLOW THE PROCESS TO ACTUALLY TURN IT INTO A FULL-TIME PERSON.
SO FOR EXAMPLE, YOU KNOW, WE HAVE ECONOMIC DEVELOP DIRECTOR LEAVING.
YOU'RE GONNA HAVE TO DO SOMETHING.
MAYBE YOU DO AN, AN APPOINTMENT UNTIL YOU, WE DO A SEARCH OR HOWEVER THE PROCESS WILL BE THAT YOU FOLLOW TO, TO DO THAT.
BUT YOU'RE NOT, YOU DON'T HAVE TO GO THROUGH A PROCESS TO THEN DO THE APPOINTMENT, BUT YOU HAVE TO DO A PROCESS TO DO EITHER THAT APPOINTMENT OR SOMEBODY ELSE TURNS INTO A FULL-TIME POSITION TO COME INTO THE CITY.
AT LEAST THAT'S HOW I, I KIND OF LOOK AT IT.
SO JUST PUT IN THERE THAT THE CITY MANAGER HAS DISCRETION ON A, UH, TEMPORARY APPOINTMENTS.
AND THEN WE FOLLOW THE PROCESS ON THE REST OF IT.
I'LL GET WITH THAT BECAUSE YEAH, IN HIS EXAMPLE, YOU COULD JUST SAY, SO-AND-SO'S LEAVING, CALL SOME OUT.
I GOT A JOB FOR I CAN GIVE YOU A HUNDRED AND WHATEVER.
AND YOU WANNA COME DOWN, START MONDAY MM-HMM.
I THINK THAT'S ALWAYS APPLY AND YEAH.
AND THEN THE ONE THAT SAYS CITY MANAGER AUTHORIZES A JOB OFFER WHERE IT'S IDENTIFIED THAT THE CANDIDATES RELATED TO AN EXISTING EMPLOYEE.
I WOULDN'T JUST ADD UNLESS PROHIBITED BY NEPOTISM.
SO THAT, WHERE IS THAT AT? WHERE'S THAT? PAGE 32.
TO JUST MAKE SURE THAT, YOU KNOW, WHEN YOU'RE, WHEN YOU'RE POINTING THAT YOU'RE NOT, THE RELATIVE ISN'T, DOESN'T VIOLATE THE NEPOTISM.
I MEAN YEAH, I, I CERTAINLY AGREE WITH THAT.
[00:35:04]
SO ONE'S TOO EASY.SO AS FAR AS THE INTERNAL, UH, POSTINGS, IT'S ON THERE.
IT'S ADDED IN THE NEW, UH, POLICY AND POSTING OF VACANCIES ON 5.1.
BUT, BUT DOES IT SAY THAT ALL INTERNAL APPLICANTS ARE GUARANTEED TO BE INTERVIEWED? SO JUST ADD THAT.
'CAUSE THAT'S WHAT WE'RE ALREADY DOING, SO I'M FINE WITH THAT.
THE WAY I LOOK AT IT IS IF YOU WORK HERE, YOU DESERVE THE RIGHT TO BE INTERVIEWED SENTENCE.
THIS ONE WOULD BE THE, UM, ANYONE HAS ANY QUESTIONS ABOUT THE REMOTE WORK, UM, POLICY THAT'S NEW.
WE'RE A SERVICE BUSINESS AND I THINK YOU'RE GONNA REGRET IT, BUT DOWN TO
DIFFERENT FACTORS TO CONSIDER PAY RAISE, PAY RAISES.
UH, I DON'T, I DON'T SEE THEM AS CONFLICT WITH EACH OTHER.
I SEE THAT IT IS SAYING THAT, HEY, THERE WILL BE AN EFFORT MADE TO ALWAYS GET PAY RAISE BASED ON MERIT COST OF LIVING OR PARITY FOR THE JOB MARKET.
BUT THE CITY MANAGER MAY ALSO APPROVE INDIVIDUAL PAYROLL BASED ON THE MERIT DUE TO A CHANGE OF JOB POSITION SUBJECT OR TO THE CORPORATIONS.
I SEE THE FIRST PART IS ACROSS THE BOARD.
THE OTHER ONE IS AN INDIVIDUAL BASED ON THEIR INCREASED SCOPE WORK OR WHATEVER.
THAT'S LIKE A MID CYCLE CHANGE IN JOB FUNCTION VERSUS THE ORGANIZATION IN A WHOLE GETTING A 3% OR WHATEVER.
AT LEAST THAT'S HOW I, I READ THAT.
SO I I DON'T SEE THAT THEY'RE IN CONFLICT WITH EACH OTHER.
WELL
BUT IT MUST BE SOMETHING ABOUT THE WAY THAT IT'S WORDED THAT, THAT CAUSES THAT CAUSE DOTY TO, TO FLAG IT AS OH, AROUND SEVEN 10.
I THINK WE, IT JUST SAID CITY INSTEAD OF CITY MANAGER.
CITY MANAGER TO MAKE SURE THAT
DIDN'T, WE WEREN'T COMMENTING ON WHAT YOU WERE DOING.
IT WAS JUST LIKE IT WASN'T CLEAR.
THE CITY MANAGER COULD DO THAT.
UM, FOR THE NEXT ONE IS CORRECT.
STANDARDS OF CONDUCT AND EMPLOYEE DISCIPLINE.
UM, A SUGGESTION WAS MADE INTERNALLY TO HAVE, UM, NUMBERS, THE NUMBER, YOU KNOW, THE DIFFERENT STEPS TAKEN ON EIGHT, 8.1 INSTEAD OF BULLETS.
UM, THAT WAY IT'S, YOU KNOW, SO LIKE, SO THEY'RE ABLE TO BE REFERENCED EASILY.
IF WE REFERENCE IT OR IF WE HAVE TO, UM, WRITE ANY, ANY CORRESPONDENCE TO THE EMPLOYEE OR ANYONE FOR THAT MATTER, UM, WE CAN REFERENCE THAT.
SO BULLET, BULLET, YOU KNOW, FOUR.
AND IF YOU HAVE 26 BULLETS,
AND THEN FOR THIS, FOR THE OTHER ONE, DO NUMBERS AFTER.
AND I THINK THAT WE ONLY HAVE THOSE TWO S.
I WOULD DO IT BY COLOR, YOU KNOW WHAT I MEAN? PLEASE SAY THAT.
TELL EACH OTHER UNLESS YOU GONNA GIVE US MONEY.
[00:40:01]
IS NO BLUE I CAN KNOW.UH, NEXT I'M NOT SURE WHAT THE COMMENT IS ABOUT THE CITY MANAGER THOUGH.
AND EIGHT ONE SAYS, CITY MANAGER SHOULD BE INCLUDED IN THE CHAIN OF COMMAND.
FURTHER APPROPRIATE CONDUCT IS AN OFTEN REFERENCED SECTION.
IF, IF THE CITY MANAGER, UM, AT THE, UM, I MEAN I'M LOOKING AT THE DISCLOSURE OF INTEREST RIGHT NOW.
AND IT'S SAYING, AN EMPLOYEE SHALL DISCLOSE THE EXISTENCE OF A FINANCIAL INTEREST, DA, DA DA BEFORE THE CITY COUNCIL OR SUCH BOARD, DA, DA DA, IN ACCORDANCE WITH THE CHAPTERS, DA, DA, DA, TO COMPLY.
THE EMPLOYEE SHALL PRIOR ANY DISCUSSION, FILE CONFLICTS AND DISCLOSURE STATEMENTS, WHICH SHALL BE SUBSTANTIALLY IN THE SAME FORM AS THE TEXAS ETHICS COMMISSION WITH THE CITY SECRETARY.
THE PUBLICLY DISCLOSED AND OFFICIAL RECORDS, THE BOARD OF GOVERNMENTAL ENTITY, THE INTEREST OF THE EMPLOYEE'S PRINCIPAL EMPLOYER.
TO IMPLY THIS PARAGRAPH, EMPLOYEE SHALL NOTIFY THEIR SUPERVISOR IN WRITING THE NATURE OF ANY FINANCIAL INTERESTS.
IS IT BECAUSE IT'S ONLY SAYING SUPERVISOR.
IT'S NOT SAYING I NEED TO INFORM THE CITY MANAGER.
YEAH, IT'S, I GUESS THE POINT IS, IS, UM, THAT THE CITY MANAGER SUPERVISES THE EMPLOYEES AND IT'S CLEAR THAT THE EMPLOYEES HAVE TO DO THAT.
BUT WHO'S SUPERVISING THE CITY MANAGER AND, AND THE CITY MANAGER IS HELD TO THE SAME THINGS.
THE SENIOR MANAGER IS A RESPONDENT, YOU MEAN? OR HOW WELL, I MEAN, I'M ALREADY SUBJECT TO IT BY CHARTER BECAUSE I HAVE TO DO THE FINANCIAL DISCLOSURES ALREADY.
SO, BUT WHAT I, I THINK WHAT I THOUGHT YOU WERE TRYING TO SAY IS, BECAUSE IT JUST SAYS SUPERVISOR, IT DOESN'T SAY THAT THE CITY MANAGER HAS TO BE KNOWLEDGEABLE OF IT.
IT'S JUST THAT THE SUPERVISOR.
SO WHAT IF IT'S A, YOU KNOW, THREE TIERS DOWN FROM ME AND THEN THAT SUPERVISOR DOESN'T PASS THE INFORMATION UP.
THAT'S WHAT I WAS, THAT'S WHAT I SEE SHOULD BE INCLUDED IN THE CHAIN OF COMMAND.
'CAUSE IT BASICALLY SAYS SUPERVISOR AND CITY SECRETARY.
I THINK THE COMMENT LIST IS JUST TO MAKE IT CLEAR THAT, UH, THERE'S CERTAIN EMPLOYEES THAT ARE SUBJECT TO THE SUPERVISION OF THE CITY COUNCIL.
CAN I ASK, UH, IS THAT RELATED TO 8.4 REQUIRED GRIEVANCE APPEAL PROCESS, ENSURE GRIEVANCES ABOUT THE CITY MANAGER HAVE A PROCESS? YEAH, THOSE TWO, I THINK THOSE TWO ARE RELATED.
YEAH, I THINK THAT'S, THOSE TWO ARE RELATED.
SO THE LONGER THE, UM, IT'S CLEAR THAT THE EMPLOYEES HAVE TO FOLLOW THE STANDARDS OF CONDUCT THAT WE NEED TO MAKE IT CLEAR THAT THESE STANDARDS OF CONDUCT ARE GONNA APPLY TO THE CITY MANAGER.
OR IF THEY'RE NOT, THEN THE CITY MANAGER'S GONNA BE UNDER THE ETHICS ORDINANCE.
BUT CURRENTLY THE ETHICS ORDINANCE DOESN'T APPLY TO THE CITY MANAGER.
WELL, WHAT'S TRIGGERING ME TO FILL OUT THE FINANCIAL DISCLOSURE THING, THEN? IT'S A SEPARATE ORDINANCE.
SO HOW WOULD WE AWARD THAT OR ADD IT? IT'S JUST UP TO THE COUNCIL.
DO YOU WANT THE MANAGER, UM, DO YOU WANNA REFERENCE IN HERE THAT CITY COUNCIL SUPERVISES THE CITY MANAGER AND THE CITY MANAGERS SUBJECT TO THESE? I THINK THAT'S, I THINK THAT'S, I DON'T, JUST A CLARIFICATION.
YEAH, I DON'T HAVE AN ISSUE WITH THAT.
I MEAN, I'M, I'M DONE WITH MY, UH, PORTION, BUT, UH,
WE COVERED THAT ALREADY, RIGHT? YES.
JUST THE THE 13 ALCOHOL POLICY, ALCOHOL, THIRTEENTHS.
THIS IS ALL, THIS IS ALL BASED YOU, SO YOU CAN'T DRINK INSIDE CITY BUILDINGS OR VEHICLES, BUT NOW YOU HAVE PEOPLE WORKING FROM HOME.
SO THE WAY I, I READ THROUGH THIS AGAIN, THE WAY I SEE THIS, I COULD BE BE ON A ZOOM WITH A BUD LIGHT AND I'M NOT, THAT'S NOT IMPAIRING ME.
I'M NOT INSIDE A CITY VEHICLE.
I'M JUST WORKING FROM HOME ON A FRIDAY AND I HAVE LUNCH EARLY.
HOW DO YOU GET IT TO WHERE PEOPLE AREN'T ENGAGING IN THESE, OR YOU HAVE PEOPLE AT COMP TIME.
SO WE TALKED BEFORE, IF YOU'RE GONNA, PEOPLE ARE GONNA BE EARNING COMP TIME AND THEY'RE WORKING THE 4TH OF JULY FESTIVAL, IN MY MIND, THEY SHOULDN'T BE OUT THERE DRINKING AND HAVING FUN THERE.
[00:45:01]
IT SHOULD BE YOUR WORK.AND IF YOU'RE NOT, YOU'RE NOT.
SO THE WAY I, THE WAY I TACKLED THIS WAS MAKING IT IMPAIRMENT.
THAT'S WHAT WE'RE TALKING ABOUT.
WE'RE NOT TALKING ABOUT CONSUMPTION.
YOU'RE AT LUNCH AND A BUSINESS LUNCH AND YOU HAVE A BEER OR MARGARITA OR LIKE, WHENEVER WE WERE AFTER THE COUNCIL THING, WE ALL WENT OUT TO DINNER, REMEMBER? AND WE HAD MARGARITAS.
AND I WAS LIKE, OH, I'M WORRIED ABOUT HOW THIS MAY LOOK OR WHATEVER IT, SO THAT'S HOW I STARTED.
THAT'S THE WAY I TACKLED THE PROBLEM.
NOT NECESSARILY, I WASN'T THINKING ABOUT IT ON COMP TIME SPECIFICALLY, BUT I WAS THINKING ABOUT IT.
WELL, HOW ARE WE GONNA MONITOR THIS IF PEOPLE ARE WORKING REMOTELY OR IN REMOTE LOCATION? SO YOU CAN'T BE IMPAIRED.
YOU CAN'T BE IMPAIRED IF YOU'RE IN THE CITY BUILDING OR A CITY VEHICLE.
AND THAT WOULD JUST LEAVE IT AT THAT.
AND THEN THAT WAY, IF THE COUNCIL WANTS TO HAVE A, AN EVENT AT THE WINE BAR OPENING OR SOMETHING LIKE THAT, THEN THE CITY EMPLOYEES CAN GO AND PARTICIPATE AS LONG AS THEY DON'T BECOME IMPAIRED.
SO YOU CAN BE IMPAIRED IF YOU WORK FROM HOME.
YOU COULD BE IMPAIRED IF YOU WORK AT HOME, I SUPPOSE.
WELL, WHY DON'T WE SAY YOU CAN'T BE IMPAIRED WHILE YOU'RE ON DUTY.
DOESN'T THEN IT DECOUPLES IT FROM LOCATION AND IT'S, YEAH, I'M FINE WITH THAT.
WHO DETERMINES WHAT IMPAIRMENT IS? 'CAUSE THEY'RE HAVING, THEY HAD
WELL, IMPAIRMENT HAS A LEGAL DEFINITION.
WELL, THEY HAD TO FIGHT IN TEXAS HOUSE.
WAS IT COUGH SYRUP OR WAS IT SOMETHING ELSE? RIGHT.
WELL, IT DOESN'T REALLY MATTER.
THAT'S WHY THEY HAVE TO BLOW, BLOW.
IF YOU BLOW, YOU BLOW, THEN YOU GOTTA GO DEFENDANT IN COURT, YOU KNOW? RIGHT.
BUT YOU'RE NOT BLOWING, I'M, I'M BEING SERIOUS HERE.
IF I HAVE A REASONABLE SUSPICION THAT SOMEONE IS IMPAIRED, I'M GONNA CALL CHIEF AND I'M GONNA HAVE AN OFFICER COME OVER AND I'M GONNA ASK THEM TO SUBJECT TO, YOU'RE GONNA HAVE HIM COME IN MY HOUSE.
LIKE IF I'M ON A TEAMS OH, AT HOME
AND YOU THINK COMPARED, YOU'RE SENDING THE COPS OVER TO MY HOUSE TO, THAT'S A GOOD POINT.
AND THAT'S WHAT I MEAN, THESE POLICIES.
I GOTTA READ IT ALL AGAIN BECAUSE AS I STARTED READING, THERE'S A LOT OF THINGS ABOUT, YOU DO YOUR JOB IN A CITY BUILDING OR A CITY THIS OR CITY THAT.
BUT IF WE'RE GONNA BE REMOTE WORKING MM-HMM.
THERE NEED BE A DRESS CODE POLICY.
WHEN YOU'RE ON A ZOOM CALL, YOU CAN'T BE IN PAJAMAS AND BE WORKING REMOTE IN PAJAMAS.
LIKE IF YOU'RE ON VIDEO, RIGHT.
LIKE THERE SHOULD BE, I DON'T CARE WHAT YOU'RE WEARING BELOW THE CAMERA LINE.
IF I HAVE 300 PEOPLE IN A MEETING, NO, EVERYONE IS NOT ON VIDEO.
IF IT IS
MOST MEETINGS YOU GOTTA THE SLIDESHOW GO AND THEN THERE KNOW JOE GONZALEZ IS ALWAYS BIG ON YOU GOTTA SEE MY FACE.
BUT YEAH, SO ON THAT, I WOULD JUST SUGGEST YOU GUYS LOOK AT THAT BECAUSE, UH, THAT'S A GOOD POINT.
I, I DON'T, I DON'T, I WOULD HAVE TO TALK THROUGH WHAT WE WOULD DO IF WE HAD SOMEONE WORKING REMOTELY DIAL INTO A TEAMS CALL AND IT'S OBVIOUS THAT THEY'RE SLURRING THEIR WORDS AND THEY ARE IMPAIRED AND MAYBE THEY EVEN HAVE LIKE A MARTINI IN THEIR HAND OR SOMETHING.
YOU KNOW, I, WHAT WOULD WE DO IN THAT PARTICULAR CASE? THAT'S A GOOD POINT.
I THINK IT'S THE LAST ONE, RIGHT? YEAH, SAME, SAME THING.
WE DIDN'T PROHIBIT IT, SO THAT MAKES IT ALLOWABLE IS THE POINT.