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Village of Maryville, Illinois

Description Special Caucus Minutes
Date2/3/2004 Location Council Chamber
Time Speaker Note
6:09:36 PM Gulledge Called the special Caucus meeting of February 3, 2004 to order. Trustees present were Limberg, Kostyshock, and Garcia. Village Attorney Wigginton, Clerk Long, Police Chief Schardan and Patrick Presson, Water & Sewer Superintendent were also present. Trustees Bell, Schmidt, and Callahan were not present at this time. He explained that the purpose of the meeting is to discuss the employee handbook revisions. He said Linda Garcia is the Personnel Committee Chairman. At this time, he turned the meeting over to her.
6:10:51 PM Garcia Began by saying she had a few rules. She said they were not going over every single page because it would be too time consuming. She said she would ask each Trustee if they had a question on a page, then they would discuss that page. She asked that they not all talk at once, so that the Clerk could get a better transcript of this meeting.
6:11:00 PM Gulledge Said he would use the gavel, because he, too, wants one person at a time to speak.
6:11:10 PM Garcia Asked Trustee Limberg if he had any questions.
6:11:13 PM Limberg Replied no, not really.
6:11:17 PM Garcia Asked Attorney Wigginton if he had met with Trustee Schmidt to answer some of his concerns.
6:11:27 PM Wigginton Replied no, he has not met with Schmidt. They have conflicting schedules. He said he knows he has a number of comments.
6:11:31 PM Gulledge Said at this time, that he believes the missing trustees think the meeting is at 6:30 p.m.
6:11:46 PM Limberg Responded that is why he called Clerk Long to confirm the time.
6:12:07 PM Garcia Asked Kostyshock if he had any questions.
6:12:19 PM Kostyshock Responded by saying he did have a few questions. His first question, on page 7, Equal Employment Opportunity, top paragraph, which reads "The Village of Maryville believes in equal employment opportunity for all individuals without regard to race, color, religion, sex, age, national origin, disability or status as a Vietnam Era veteran. He does not understand why Vietnam Era veteran specifically is in there.
6:12:49 PM Gulledge Answered his question. He said it goes back to when the veterans came back from Vietnam, there was a lot of discrimination against Vietnam Vets. The poster in the Village Hall kitchen states that Vietnam Veterans cannot be discriminated against. He said he doesn't know why, but this poster is put out by the Federal Government.
6:13:28 PM Garcia Said it is a law. She said this was discussed when they were going over the handbook, making revisions.
6:13:57 PM Kostyshock Said he just didn't fully understand it. He went on to Page 10, item 2, "Inspect persons and their property in our employ". He doesn't quite understand what this means, "Inspect them" shake them down or what.
6:14:13 PM Garcia Asked if the Village can do this.
6:14:40 PM Wigginton Answered that the person can be asked if they would consent, but certainly if they refuse, for example, if the employer believes someone has drugs in their possession, against the personnel policy, and they are asked if they would show what they have, and they refuse, they cannot be forced, a search cannot be done. The employer can take into consideration their refusal. He said with respect to property, if it is municipal owned property, such as a locker, desk, etc. the employer has a right to search. He commented they should be careful with the term "their property". The employer does not have the right to inspect or search their personal vehicle. He said he will do more research to see if the employer would have the right to search their lunch bucket, for example, if it was in the locker, which they do have a right to search.
6:15:39 PM Garcia Asked if the word "their" should this be changed.
6:15:54 PM Wigginton Replied he will come up with the proper language.
6:16:11 PM Limberg Commented that when he first came back from the Service, a place he worked, that their policy was that they had the right to inspect lunch pail as you were leaving the facility. He said he assumes it was because some employees were stealing tools, etc. putting them in their lunch pail.
6:16:48 PM Wigginton Replied he would have to look at that, but this is not the same, this section of the handbook is in the Drug-free Workplace Policy.
6:17:02 PM Gulledge Commented that Wigginton will check on #2, but what about #1, which deals with alcohol and other drug screen tests.
6:17:20 PM Wigginton Commented on #1. If the Village sets up a drug and alcohol testing policy, it is going to have to meet certain standards, which would be a different policy in the handbook. The Village has a right to have, for example random drug testing, some have reasonable suspicion testing.
6:17:57 PM Gulledge Commented if at anytime the Village would decide to do something like this, they should get an independent company to do this. He feels this can be left in.
6:19:02 PM Wigginton Agreed. He said this type of policy is several pages long.
6:19:33 PM Gulledge Said that a separate policy should be incorporated into the handbook, a policy Attorney Wigginton will provide.
6:20:05 PM Garcia Asked Wigginton to provide sample copies of policies that will be added into the handbook.
6:20:21 PM Wigginton Replied yes, because it will depend on what kind of policy the Village wants to incorporate, a random policy, reasonable suspicion policy, etc.
6:20:46 PM Gulledge Suggested letting the Attorney draw up these policies. He knows what the Village is looking for.
6:21:08 PM Schardan Responded that in Granite City, this was done through the union. They had a policy four or five pages long.
6:22:11 PM Kostyshock Went on to page 11, the last paragraph. This deals with employees closely related to another employee. He wonders why this is in the policy.
6:22:41 PM Wigginton Replied, he has this in his notes also. He said this needs some tightening, because "closely related" doesn't tell him anything. Does it mean living together, dating, marriage, etc.
6:22:49 PM Gulledge Agreed. He said "closely related" can mean something completely different to someone else than what it does to him. He said what they really meant was in the marriage sense.
6:24:09 PM Schmidt Arrived and was seated.
6:24:24 PM Wigginton Suggested taking this out of Recruitment and Selection of Personnel, and put it in a separate nepotism policy.
6:24:31 PM Garcia Wondered if this is really needed. Would the Village create another job for the person.
6:25:14 PM Wigginton Said it can be in there, but nothing contained in there should be construed as requiring the Village to create another position. The Village can't fire a person because of their marital status, because three pages before, the policy states the Village will not discriminate. This section needs a lot of re-work. He will come up with some language that will clarify this.
6:25:46 PM Kostyshock Went next to page 28, item 3, Entering Village work premises outside of work hours without permission. He said he is not quite sure about this, because there is always people working after hours, such as plowing snow, and water breaks.
6:26:57 PM Gulledge Explained the reasoning. He said the intent on this is mainly due to problems in the past, not so much now. Several years back, things would be missing in different departments and a public works employee, not a current employee, one from a long time back, was caught taking tools, equipment, etc. home as he was doing jobs on the side. This is for employees who have no business in the building. It is not intended for an employee entering the building getting something to do a job for the Village.
6:28:00 PM Wigginton Said it should be added "without the permission of the department head or mayor ".
6:29:32 PM Limberg Commented that the biggest problem is a supervisor allowing and employee to use a piece of equipment. If something happens to the equipment, who pays for the repairs.
6:29:59 PM Callahan Arrived and was seated.
6:31:00 PM Kostyshock Went to page 36 to about the middle of the page. This page concerns holidays. His concern is the paragraph that talks about holidays that fall on a Saturday or Sunday are observed on the preceding Friday or the following Monday. This part he understands. However, the statement that talks about Christmas Eve and Christmas Day falling on a Saturday or Sunday being observed Friday and Monday that year. His question concerns the statement "Employees scheduled to work on the actual holiday will be paid for the actual holiday only". He thinks it is elsewhere in the policy that they get paid time and a half.
6:32:57 PM Gulledge Pointed out the next to last paragraph below the one he was reading.
6:33:15 PM Kostyshock Asked why they would get time and a half. He said he didn't understand this.
6:33:17 PM Gulledge Answered because they are working a holiday.
6:33:20 PM Kostyshock Replied they are getting paid for the holiday, plus their regular pay.
6:33:56 PM Wigginton Asked Kostyshock if his question is if the employee is getting 8 hours straight time and another 8 hours at time & half. It was. Wigginton said this is not what the Village intends. He thinks what the Village intends is that the person is getting time and a half pay only. He asked what the practice is.
6:34:36 PM Schardan Explained how this works currently. The officer is paid 12 hours and 12 hours holiday pay and then the 12 hours they actually work, they get time and a half. He said the way this is worded they are going to get 12 hours overtime. As an example he said if an officer works 14 hours, they will get 14 hours at time and a half for those 14 hours.
6:35:04 PM Limberg Commented that he thinks the reason this is done in this way is that the Police & Fire Department employees are scheduled, where the other employees are not scheduled, to work that day. It is his understanding it is holiday pay and then time and a half for the hours they worked.
6:35:20 PM Gulledge Said the reason it reads the way it does, is because some employees work 12 hours, some work 8 hours.
6:35:49 PM Kostyshock Said it states that if it is his regular work day, he will only get the holiday pay. He said even though it is a holiday, this does not seem right to him.
6:35:54 PM Wigginton Said he will clean this up. He will take out the word 'only'. It will read they will be paid for the actual holiday, The second to last paragraph will read they will receive the holiday pay at straight time, plus wages at one and a half times their straight time rate for the hours actually worked.
6:36:27 PM Callahan Asked Presson what his guys get if they are called out on a holiday.
6:36:36 PM Presson Replied time and a half, plus holiday pay. He said it works same way.
6:37:03 PM Callahan Asked if there was something in the policy about calling off sick when scheduled to work. What happens then.
6:37:06 PM Gulledge Responded that they lose the holiday pay. They get straight time only.
6:37:29 PM Kostyshock Discussed page 45, using sick days for other members of the family. He said he was under the assumption that sick days were used by the employee. The policy states the employee can use the time if a member of their family is sick.
6:38:12 PM Garcia Asked Wigginton if this didn't have something to do with the FMLA.
6:38:30 PM Wigginton Commented that this is a policy decision that each employer must make. Whether they want to expand to somebody. FMLA is unpaid leave that has to be applied for. This is a sick leave benefit. The question is does the Village want the employee to only be allowed to use the sick leave for his or her own illness or do you want them to use their sick leave benefits to care for someone in their immediate family.
6:38:46 PM Kostyshock Replied he has no problem either way, as long as it is understood that way.
6:38:54 PM Gulledge Explained the reasoning. He said from the conversations he has had with the department heads, he knows this is being done already. One of the problems is there are a couple of employees that have no one to help them with a sick family member. He feels it is better if the employee is truthful and up front about this. He said this sort of goes hand in hand with another section of the handbook. There is a section dealing with pay back for sick days later in the policy.
6:40:59 PM Kostyshock Said he had one other question. On page 51, 2nd paragraph dealing with jury duty. He feels the employee should be allowed to keep the pay they receive for serving on a jury.
6:41:23 PM Garcia Said a lot of companies do allow the employee to keep the pay.
6:41:26 PM Kostyshock Said he thinks if a person is going to take his time to serve on a jury, he should be able to keep the pay he gets, which is very little.
6:41:57 PM Limberg Agrees they should get to keep the pay. He said it makes a hardship.
6:42:18 PM Gulledge Said the Village does pay the employee. They policy states if an employee makes $17 an hour, and they get $2.00 an hour, the Village will make up the $15. What Kostyshock is saying that the Village should consider giving them what they normally get, and let them keep their jury duty pay.
6:42:37 PM Schmidt Said it pays $10.00 a day plus mileage.
6:42:40 PM Kostyshock Said he feels the employee should be able to keep the $10.00 instead of turning it in to the Village, or having it deducted from his pay.
6:42:58 PM Garcia Said she agrees.
6:43:10 PM Gulledge Asked if anyone has problem with changing the policy to state the employee can keep the jury duty pay. None did.
6:43:31 PM Wigginton Said he has a comment on page 51, the first paragraph regarding an employee requesting up to ten days of jury duty leave over any one year period. He said the Village cannot do this. The law states if a person is called to jury duty, the employer cannot limit the number of days he serves.
6:45:09 PM Callahan Suggests changing the policy to state only ten days a year is allowed for jury.
6:47:02 PM Wigginton Said there is no obligation to pay the employee. He said the Village can limit the number of days for pay, but not the number of days he serves.
6:48:10 PM Gulledge Suggested taking off the portion of the sentence "unless approved by the Mayor".
6:48:57 PM Schmidt Suggested re-wording it as Wigginton recommended. He suggested it should say the employee is only eligible for ten days of pay.
6:49:17 PM Wigginton Said he will put it in the right words.
6:49:44 PM Callahan Said on this same page, 5th paragraph, the sentence 'Employees are expected to report for work whenever the court schedule permits.' He asked if this is an employee option. They could actually have a paid vacation.
6:50:03 PM Garcia Asked if he was saying if they get off early, they should come in to work.
6:50:07 PM Callahan Said yes. Technically they could go in every morning and not get picked. They could just take a ten day vacation.
6:50:12 PM Schmidt Said no, this is not the way it works. He said once a person is summoned to report as a juror, that person is their property until they are turned loose by the Court. He said he was going to add to the end of that sentence. He said strike 'whenever the court schedule permits, and add with documentation from the court at the end of their juror service.'
6:51:05 PM Gulledge Said what Callahan is saying is if he is not called and released, he should return to work. He said he agrees. The Village is paying them, and if they are not called, they should come back to work.
6:52:38 PM Wigginton Said he would change the word expected to required. He said has notes on this also. One note says if a person is released from court, he is required to report to work within one hour of being released from the court.
6:53:13 PM Schmidt Asked what if the person works the night shift. He said a person regularly scheduled to work nights, the employer required by statute to give him off that night during the day he is in court.
6:53:59 PM Wigginton Said the sentence needs to be clarified as he suggested, but the employer is going to have to trust the employee.
6:55:12 PM Schmidt Said it is in the statute, that if a person working nights is on jury duty during the day, the employer cannot require the person to work the night shift.
6:55:50 PM Wigginton Said he will look into the statute concerning this.
6:56:51 PM Garcia Asked Kostyshock if he had any more questions or comments. He didn't. She asked Callahan to go next.
6:57:08 PM Callahan Said he would pass. He said he read through the handbook, a couple of things he questioned, but it was more the wording and things like that.
6:57:15 PM Garcia Went on to Schmidt.
6:57:30 PM Schmidt Said he has some general questions before he starts. He asked if the handbook has an index. He was told it did. He asked if there is anything at all in the policy about bringing weapons on to the work premises, even though they have an FOID card.
6:58:33 PM Wigginton Said violence in the workplace is not in the policy, but it should be.
6:59:03 PM Gulledge Suggests putting this in page 28 under Group A, and add as # 21. Group A items are violations that result in immediate discharge.
7:00:08 PM Schardan Said an exception should be made for police officers.
7:01:03 PM Schmidt Said 70% of his questions are grammatical.
7:01:31 PM Gulledge Said if it is grammatical, give it to Jolene, and when this goes to print, she will make the changes. However, if it changes the meaning, it needs to be discussed.
7:01:59 PM Schmidt Said it seems like within the first 3 or 4 pages, there is a lot of repetition. On page 5, Nature of Employment, the last paragraph is mentioned the fourth time within the first five pages. He read the paragraph.
7:02:31 PM Wigginton Said one of the reasons for this is it is very important, and can't be said enough. It reminds the employees that this handbook does not constitute a contract of employment, and that the Village has a right to remand, or change, or terminate any or all of these. Some courts have construed handbooks. especially from the public sector, as creating a contract, and by contract the person has reasonable expectation of continued employment.
7:03:36 PM Gulledge Said this statement came from the attorney when this was worked on several years ago.
7:04:05 PM Schmidt Said on page 4,under Introductory Period, first paragraph, the first sentence should stop at "achieve a satisfactory level of performance". The last part of the sentence "and to determine whether the new position meets their expectations" should be left out. He said if it doesn't meet their expectations, what is the Village going to do.
7:04:51 PM Wigginton Said he would take this a step further, because he has in his comments, "why do you even want this?" He gave an example of a person being hired, and ten days after he is hired, the employer realizes he has made a big mistake because he continues to tear up equipment, doesn't follow any orders. The employer realizes he needs to be subject to discipline. The employer goes through the disciplinary procedure, but he hasn't done enough to get discharged. What is the introductory period?
7:05:50 PM Schmidt Asked why the Village even has it.
7:05:55 PM Gulledge Answered the reason is if a newly hired employee isn't working out, he can be let go.
7:07:16 PM Wigginton Said you would have to terminate him. An employee at will can be terminated for any reason.
7:07:29 PM Garcia Said they thought it would be easier if they were on a probationary period.
7:07:47 PM Gulledge Said there is nothing in the policy to back what he just said about the employee not working out.
7:08:19 PM Wigginton Said this is an employee at will.
7:08:27 PM Garcia Said she thinks it is easier to dismiss an employee if they are on a probationary period.
7:08:34 PM Schmidt Said it is not going to solve anything just because it is in black and white in the handbook.
7:08:38 PM Callahan Replied, that there has never been a problem, they have fired people.
7:08:43 PM Schmidt Said the only thing he can see that a probationary period does is the Village can start an employee out a lower rate to see if he is going to work out. Then give him a raise.
7:09:03 PM Garcia Said the Village does not do this.
7:09:19 PM Wigginton Said he is having trouble with understanding if there is an introductory employee, that person is on some type of probation. That person is still an employee, and if he is going to be terminated, he is still entitled to due process.
7:10:10 PM Callahan Said the Village has fired people that have not been employed a year, and they are "just gone". They know when they are hired, that the first year, the Village does not need a reason .
7:10:17 PM Wigginton Asked if he was saying that after a year probationary period, it becomes a just cause.
7:11:32 PM Gulledge Said this is the way it has always been. The Village uses that one year period to summarize in their mind whether or not the employee is going to work out. He said sometimes it doesn't work. After they have been here a year, then they start to slide, get lazy, etc. He said he knows what the attorney is saying, but he also knows how it has worked here. His main concern, which is not covered in the policy, is laziness.
7:12:03 PM Schmidt Said then laziness would have to be defined, and he feels they would be "digging a deeper hole".
7:12:16 PM Callahan Asked how many people have been let go before their year is up. He can think of one. Several have had their probation extended.
7:13:25 PM Gulledge Replied he can think of three. A couple have had their probation extended because they didn't have the qualifications needed for their job. There was a police officer, who is still with the Village, was having trouble passing some of the physical requirements.
7:14:04 PM Wigginton Said what he is saying is he wants the Board to understand, that what they are creating is during the probationary period, they really are employees at will, which they can be fired for any reason. After the probationary period, they are creating a just cause situation, which he doesn't know if the Board actually wants. They are converting the person from an at will to a just cause employee.
7:14:54 PM Gulledge Said it was always his understanding that once a person is hired, if there is not some type of contract or introductory procedure, it becomes very difficult to get rid of an employee, unless there is a really strong case. He said unless the Attorney tells him, they are doing something illegal, he prefers to keep it the way it is.
7:15:03 PM Schmidt He is not doing anything illegal. He thinks the employee is getting a "free ride" for a year.
7:15:07 PM Gulledge Said it is just the opposite.
7:15:10 PM Schardan Said he agrees with the attorney, an at will employee can be let go at anytime. He said the way it is, the employee is an at will employee during probation, but then after the year he is a just cause employee.
7:15:34 PM Wigginton Said if the Board wants to keep the policy the way it is, it's fine, but something needs to be added that says after the probationary period, the employee remains an at will employee, and can be dismissed for any reason that is not unlawful.
7:16:25 PM Garcia Agrees with the attorney, the employee should be kept as an at will employee.
7:17:26 PM Limberg Said he would hope the Village would not let an employee go without just cause.
7:18:34 PM Callahan What happens if an employee has to be laid off for some reason.
7:19:16 PM Wigginton Said there will be no problem adding a lay off clause to the policy.
7:20:09 PM Callahan Said he still agrees with the Mayor. He still likes the first year probation, and the ability to have the department head extend the probation if need be.
7:20:27 PM Gulledge Asked Presson how he feels about this.
7:20:49 PM Presson Replied he likes the one year probation period as it is now.
7:21:51 PM Schmidt Suggests doing away with this section.
7:22:12 PM Kostyshock Said where he worked there was a similar policy to this one.
7:23:02 PM Gulledge Asked the trustees if they were in favor of keeping the six month and one year evaluation. Limberg said yes. Schmidt said he didn't like it. Callahan said yes. Kostyshock said yes, as did Garcia.
7:23:52 PM Schmidt Went on to Page 6, Disability Accommodation, 4th paragraph. He wants the phrase "and other compensation" changed to "and benefits".
7:24:22 PM Wigginton Said it should people paying benefits. He will change from "other forms of compensation" to "people paying benefits".
7:25:11 PM Schmidt Said on Page 9, Supervisors are responsible for: he has an X through both paragraphs, but doesn't remember why.
7:25:59 PM Wigginton Said he is going to provide a comprehensive update on the whole sexual harassment policy. They have been changes based on Supreme Court decisions.
7:26:09 PM Schmidt Asked if on page 10, line 4, Cooperate with outside law enforcement agencies, meant "squealing" on another employee to the DEA or what.
7:26:39 PM Wigginton Said this is Village policy, this is what the Village encourages them to do. They can always refuse to cooperate, but just so they know the Village expects them to cooperate.
7:28:06 PM Schmidt Said on page 11, Recruitment and Selection of Personnel, he has a big X on the last paragraph.
7:28:29 PM Wigginton Replied that they had talked about this before he arrived. He said it is in the wrong place, and needs to be rewritten as a nepotism policy.
7:29:04 PM Schmidt Said on page 12, he wants someone to define for him the personnel committee.
7:29:20 PM Gulledge Said the Personnel Committee is made up of a Chairperson, who currently is Trustee Garcia, and himself as Mayor, and the Trustee in charge of the department concerned.
7:30:07 PM Schmidt Went on to page 13, Employee Hiring Checklist. He asked whose check list is this. Does it stay with the employee's file or for the Personnel Committee. He asked where it starts and where it ends. and who governs this checklist.
7:31:05 PM Gulledge Replied, the department head submits and employee requisition form to the appropriate committee chairperson. The committee chairperson and the department head review and sign the request and forward it to the Personnel Committee Chairperson and the Mayor. Then the requisition would be scheduled and discussed at a Caucus meeting. After the Caucus discussion, the Mayor signs the requisition and forwards it to the Village Clerk for advertisement.
7:33:07 PM Schmidt Said several places the word "candidate" should be changed to "applicant". He said they are not running for office, they are applying for a job.
7:33:54 PM Callahan Asked why the word "may" was changed to "shall", where it talks about being put on the marquee.
7:34:12 PM Gulledge Answered that at a caucus meeting it was questioned why sometimes it is on the marquee and sometimes not. This is the only reason the word was changed.
7:34:18 PM Callahan Said what he thinks of is that it might not happen and then it could be used against the Village.
7:34:32 PM Limberg Said he likes the word may instead of shall. After discussion, it was decided that it will be changed back.
7:34:55 PM Schmidt Said in paragraph 7, personnel committee should read personnel committee chairperson instead of committee. Also 6 and 7 should be put together as one paragraph and the last sentence in paragraph 7 should start the next paragraph. It is another whole new step in the procedure.
7:39:34 PM Callahan Asked if the department head interviews the applicant prior to meeting with the Personnel Committee. He was told no, that after they look at the applications, they choose the ones they would like the Committee to interview. He suggests the word 'preliminary' be placed before interview.
7:42:38 PM Gulledge Asked Schmidt what he wants changed.
7:42:59 PM Schmidt Answered that the first two lines in #7 should be incorporated into line #6. Then, the last line of #7 will be a new #7. Line 8 should be incorporated into the new #7. Line 9 will be changed to 8 and line 10 will be changed to 9.
7:45:06 PM Wigginton Said the Board of Trustees is going to have to vote and make a conditional offer of employment to the person, because physicals and drug testing can't be required unless there is a conditional offer of employment.
7:46:03 PM Schmidt Asked if on page 14, the Employee Requisition Form, is the one the department head uses. He was told yes. He asked why it states "return application to the Village of Maryville".
7:46:45 PM Gulledge Answered that it states under the heading this is to be used to advertise open positions. This is what he gives the Village Clerk to place in the newspaper.
7:46:58 PM Schmidt Went to page 16, Emergency notification information, under Hospital Preference, he suggests adding a line that lets the employer know they wear a medical bracelet.
7:47:44 PM Gulledge Replied it is there under Special Conditions or Allergies.
7:48:00 PM Schmidt Asked on page 17, 2nd paragraph concerning personnel files, if the trustees are allowed access to personnel files.
7:48:18 PM Gulledge Answered no, it states only supervisors, department heads, Mayor and Personnel Committee Chairperson are allowed access.
7:48:38 PM Callahan Asked who has access to see applications before a person is hired.
7:49:16 PM Gulledge Replied that the department head will go through the applications first.
7:49:22 PM Callahan Commented that the trustees never get to see any of the applications, only the final candidate. He was told this is correct.
7:49:55 PM Schmidt Went to page 18, he asked if they were any of the employees that would have driver's license from any state other than Illinois. He said shouldn't the employee be required to have a Valid State of Illinois Drivers License.
7:50:48 PM Gulledge Said he thought this was assumed but it could be added, what if the employee lives in Missouri.
7:50:58 PM Schardan Said they shouldn't lock themselves in on this, especially since Missouri is so close, and he does have an employee who has recently moved to Missouri.
7:51:18 PM Schmidt Said in the 2nd paragraph, under driver's license requirements, after suspended should they add or revoked in there, and "or revocations at the last part of the sentence. On the same page, under Residency Requirements, he asked if they were getting themselves in hot water after the first sentence.
7:53:37 PM Gulledge Answered no.
7:53:45 PM Garcia Replied that is states it is desirable that the applicant live in Maryville, not that they have to.
7:53:54 PM Callahan Agrees with Schmidt.
7:54:09 PM Wigginton Commented that the statement needs to be reworded. He said one other change, the last line in the last paragraph under Driver's License Requirements, the word shall should be changed to may.
7:56:48 PM Schmidt Said on page 19, #4 strike the beginning of the sentence and start with "The monthly salary of full time employees, etc."
7:58:03 PM Callahan Asked about #2 on this page, an employee starting a work shift that wasn't a holiday, but was a holiday and the end of the shift.
7:58:41 PM Schardan Said this was addressed on an earlier page. He tried to explain how this works in his department with the ten and twelve hour shifts. He said actually it only affects the midnight shift.
8:02:14 PM Garcia Asked if the appointed people are paid monthly, once a month. She was told no.
8:02:43 PM Wigginton Said this should be changed to salaried. And strike incumbents and start with "These".
8:04:14 PM Schmidt Went to page 21. He asked Presson if they had time clock. He replied they did. He then said in the 2nd paragraph, he thinks it should read, each employee will punch is or her own time card. He said the 4th paragraph should read must physically punch his or her time card.
8:06:42 PM Schmidt Went to page 27, Progressive Discipline, the last paragraph, he wonders if it is needed. He said it is repetitive.
8:07:22 PM Gulledge Said he thinks this paragraph is set up by the paragraphs in front of it. He said they are trying to tell why the Village has progressive discipline.
8:07:29 PM Schmidt Said on page 28, #7 he guessed marijuana needed to be in this sentence, even though it is an illegal drug, it can be used for medicinal purposes.
8:07:56 PM Wigginton Commented that he has deleted the 2nd paragraph in this section.
8:08:42 PM Schmidt Said on this same page, leave #6 and omit #8.
8:09:55 PM Schmidt Said on page 29, #19, strike "in required manner".
8:10:52 PM Wigginton Commented that in #20 they should omit "normal" and the sentence should read, Sleeping during working hours.
8:11:09 PM Schmidt Asked about Line 4 in Group B, Abuse of leave privileges. He asked what a leave privilege is.
8:11:16 PM Garcia Replied it could be a disability leave, and the employee is out running around, or working somewhere else, etc.
8:12:09 PM Wigginton Commented this covers sick leave, workmen's comp, disability, etc.
8:12:15 PM Schmidt Went to page 30, Group C, #1 Negligence or carelessness, he asked if they should add in work performance.
8:12:30 PM Wigginton Commented that his suggestion was that one and five in Group C should be included in Group A.
8:12:56 PM Schmidt Commented on page 31, Grievances, he has "bad policy" written all over the page.
8:13:54 PM Wigginton Said it is not illegal, it is a practice the Village has.
8:14:00 PM Schmidt Commented on the sentence, "A grievance is any wrong, real or imagined".
8:14:05 PM Wigginton Said this comes right out of what looks like to him a Union contract.
8:14:29 PM Schmidt Said no wonder it looks wrong. He said still on page 31, 2nd paragraph, strike out "at any time" from the beginning of the first sentence.
8:15:11 PM Wigginton Commented to go along with this, the next paragraph where it states10 days, it should be 10 working days, and the next sentence, "The Mayor may remove a trustee or committee chairperson who issued the original disciplinary action", his question is how would a trustee ever issue original disciplinary action. A trustee is a legislative member and can't discipline an employee.
8:15:53 PM Gulledge Replied that it should be taken out.
8:16:16 PM Schmidt Said in that same paragraph , the 2nd sentence "all due speed" what does this mean, the speed of Marvin, the speed of Pat Presson, etc.
8:17:16 PM Wigginton Commented it should be "investigate such complaints". he said he thinks this was put in there because no one wants to see any foot dragging.
8:17:30 PM Schmidt Replied it either needs to be defined, or taken out
8:17:34 PM Wigginton Said he would take it out.
8:17:40 PM Schmidt Asked under the Appeals Process, does the same Personnel Committee hear the appeal of the person with the grievance. The same person who fired this person hears the appeal.
8:18:16 PM Gulledge Said no. The policy states if the grievance pertains to termination, and after following the above procedures, the employee may go to the Board of Trustees.
8:18:22 PM Schmidt Said he is going back to the top of page, Definition of a Grievance. The last sentence in the paragraph states grievances arising out of a demotion for disciplinary reasons, suspension or the dismissal of an employee may be appealed directly to the Personnel Committee.
8:18:54 PM Wigginton Commented he has in his notes on the last sentence in this paragraph, to strike "dismissal". A dismissal appeal should go to the Board of Trustees.
8:20:57 PM Schmidt Said on the same page, he sees nothing in the A, B, and C, for cause of action for demotion.
8:21:27 PM Wigginton Commented that the demotion comes up, for example in the Police Department, where the Chief decides a person isn't doing his job as a Sergeant, and he wants to put him back in patrol. If that person felt it was a personal attack, he could appeal to the Personnel Committee.
8:22:07 PM Gulledge Commented this could pertain to any employee who is received an extra Fifty cents, like the Telecommunicator, any special title, etc.
8:24:14 PM Callahan Asked for a five minute break to look at the sign drawing for the sign in Firemen's Park. It was granted.
8:37:07 PM Gulledge Called the meeting back to order.
8:37:16 PM Schmidt Went to page 33, 3rd paragraph from the bottom, in the middle, about an employee quitting, prior to his first year anniversary, he is not entitled to vacation and would not be paid for any days accrued. He said he would assume it would be forfeited.
8:38:19 PM Gulledge Explained that this is in there to try and make the employee understand that although they accrue the days the year before they can take them until the next year.
8:39:00 PM Schmidt Went to page 36. In the middle of the page, the paragraph "To be eligible for holiday pay, employ must work the last scheduled day immediately preceding and the first scheduled day immediately following the holiday. He asked if this was the case even if they call off sick.
8:39:42 PM Gulledge Replied yes it does.
8:39:52 PM Schmidt Page 37, Personal Appearance, the 2nd paragraph, last sentence should have added "with written warning put in the employee's file".
8:41:00 PM Callahan Asked a question on page 36. He wanted an explanation of the sentence that Schmidt questioned.
8:41:29 PM Wigginton Explained this is to prevent an employee from turning a holiday into an extended weekend vacation by calling in sick. For example the employee scheduled to work on Friday, he calls in sick on Friday, and the holiday is on Monday. He will not be paid for the holiday.
8:44:34 PM Schardan Suggests adding "and holiday is scheduled for that employee".
8:45:33 PM Wigginton Said he will discuss this situation with Chief later.
8:46:31 PM Garcia Asked if an employee is on vacation during the holiday, if they would get holiday pay.
8:46:36 PM Gulledge Said they do not get holiday pay, but they do get another day.
8:46:41 PM Schmidt Went to page 39, under Safety, he said failure to report damage or inoperable equipment needs to be added.
8:48:29 PM Callahan Said in the second sentence of the 4th paragraph, didn't by changing the safety violations to an A clause, say it is a given, if it is violated it is reason for termination.
8:48:32 PM Wigginton Replied he is right.
8:49:29 PM Schmidt Went to page 41, Meal Periods. He asked if the department head does not make an employee take a 30 minute lunch.
8:50:17 PM Wigginton Talked about duty free lunch. He said he has talked with Mayor Gulledge about this. The employee is to have 30 minutes of non-work, duty free is what the law requires. Otherwise, the employee is entitled to pay for the time used working during his lunch break.
8:51:42 PM Gulledge Said his problem with this is mainly the telecommunicators. He said what happens if a telecommunicator who has worked here for several years, gets angry and says he has worked here all these years and never has taken a lunch, and wants to be paid. He asked Attorney Wigginton to check on this.
8:52:38 PM Wigginton Said the Village is okay on this, because the telecommunicators are paid. They are paid for eight hours, not seven and a half hours.
8:56:06 PM Callahan Asked if the employees have to clock out for lunch. He was told yes.
8:56:12 PM Gulledge Said it is nearly 9:00 p.m. and suggests stopping on page 41, let attorney start working on these revisions, and finish at a caucus or set another special meeting.
8:58:09 PM Gulledge Adjourned the meeting.

Respectfully submitted,

Thelma Long, Village Clerk  

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The Village of Maryville