HR Committee

Regular Meeting

Burlington, VT · March 26, 2024

Minutes

Tuesday, March 26, 2024, 8:30 AM, HR Conference Room, 200 Church St., Burlington, VT 8:30 am, HR Conference Room, 200 Church St., Burlington, VT OR Remotely via ZOOM: Please click the link below to join the webinar: Zoom Link: https://zoom.us/j/94820907375?pwd=ZWdzWk5KTGp5K29vZ1dEd2dLaU9jQT09 Meeting ID: 948 2090 7375 Passcode: 616429 Present: City Councilor Sarah Carpenter, Committee Chair City Councilor Zoraya Hightower City Councilor Hannah King Kerin Durfee, Director of Human Resources Others: Hayley McClenahan, Assistant City Attorney Erik Ramakrishnan, Assistant City Attorney Chapin Spencer, Director of DPW Megan Moir, Manager, Assistant DPW Director – Water Resources Damion Gilbert, AFSCME Council 1343 Jesse Greeno, AFSCME Council 1343 George Millette, AFSCME Council 1343 Meaghan Diffenderfer, HR Administrative Coordinator 1. Adopt Agenda SC Moves to adopt the agenda with the amendment to add item 4.4, discussion of water main break protocol HK Seconds Motion so moved and approved 2. Approve Minutes HK Moves to approve the minutes from the 2.16.24 meeting SC adds the amendment to fix typo from “ZK” to “ZH”, Seconds Motion so moved and approved 2. Public Forum No public forum. MOTION by Councilor HK, to find that premature general public knowledge of labor relations and employee grievances would clearly place the City at a substantial disadvantage because the City risks disclosing confidential personnel matters in public. Seconded by SC. So moved and approved. MOTION by Councilor HK that based on the finding of substantial disadvantage, the Council enter into executive session to hear the grievance under the provisions of 1 V.S.A. 313(a)(1)(B) and (D), to include: Assistant City Attorney Hayley McClenehan, Assistant City Attorney Erik Ramakrishnan, Councilor Sarah Carpenter, Councilor Hannah King, Councilor Zoraya Hightower, Kerin Durfee, Director of HR, Chapin Spencer Director of DPW, Megan Moir, Division Director, Water Resources, Damian Gilbert, AFSCME Local 1343 President, Steward, Jesse Greeno, AFSCME Local 1343 Vice President, Steward, and George Millette, AFSCME Local 1343 Steward SC seconds. All in favor Motion so moved, committee enters executive session, 8:42 am 4. Executive Session 4.1. Article 10.3a Grievance Resolution The committee heard from the Union and Management regarding article 10.3. Next Steps: Union and Management will work together on another letter/MOU to bring back to HRPC. 4.2. Articles 2.2, 10.3, 10.5 and 15.3 Grievance Resolution The committee heard from the Union and Management regarding articles 2.2, 10.3, 10.5, and 15.3. Next Steps: Management will review compensation to impacted employee, tabling article 2.2, and Management will write a letter of apology to the impacted employee. 4.3. Article 7 Grievance Hearing The grievance was withdrawn prior to the meeting, but the Committee heard from the Union and Management on the circumstances leading to this grievance. HK moves to end exec session ZH seconds So moved and approved, executive session ends, 10:00 am 5. Other Committee Business 4.4. Water Main Break Protocol Committee heard from Management and the Union about current water break protocols, highlighting the protocols on paper vs. in practice at the last large water main break. Next Steps: The committee will meet with counsel, will wait for the division director to investigate, and will connect with Chair Barlow on the issue. 6. Adjournment ZH moves to adjourn the meeting. HK Seconds. Motion so moved and approved. Meeting ends, 10:29 am. 7. Informational and Non-Discrimination Statements The City of Burlington will not tolerate unlawful harassment or discrimination on the basis of political or religious affiliation, race, color, national origin, place of birth, ancestry, age, sex, sexual orientation, gender identity, marital status, veteran status, disability, HIV positive status, crime victim status or genetic information. The City is also committed to providing proper access to services, facilities and employment opportunities. The programs and services of the City of Burlington are accessible to people with disabilities. Individuals who require special arrangements, auxiliary aid, service for effective communication, or a modification of policies or procedures to participate in a program, service, or activity of the City of Burlington, should contact the office of the Title II Burlington ADA Coordinator at 802-865-7000 as soon as possible but no later than 48 hours before the scheduled event.

Agenda

Packet

Tuesday, March 26, 2024, 8:30 AM, HR Conference Room, 200 Church St., Burlington, VT 8:30 am, HR Conference Room, 200 Church St., Burlington, VT OR Remotely via ZOOM: Please click the link below to join the webinar: Zoom Link: https://zoom.us/j/94820907375?pwd=ZWdzWk5KTGp5K29vZ1dEd2dLaU9jQT09 Meeting ID: 948 2090 7375 Passcode: 616429 1. Adopt Agenda 2. Approve Minutes Subject 2.1. Approve minutes from 2.16.24 meeting Meeting March 26, 2024 - HRPC 03/26/2024 - Tuesday, March 26, 2024, 8:30 AM, HR Conference Room, 200 Church St., Burlington, VT Category 2. Approve Minutes Department Human Resources Type 3. Public Forum 4. Executive Session Subject 4.1. Article 10.3a Grievance Resolution Meeting March 26, 2024 - HRPC 03/26/2024 - Tuesday, March 26, 2024, 8:30 AM, HR Conference Room, 200 Church St., Burlington, VT Category 4. Executive Session Department Human Resources Type Recommended Action Subject 4.2. Articles 2.2, 10.3, 10.5 and 15.3 Grievance Resolution Meeting March 26, 2024 - HRPC 03/26/2024 - Tuesday, March 26, 2024, 8:30 AM, HR Conference Room, 200 Church St., Burlington, VT Category 4. Executive Session Department Human Resources Type Page 1 of 4 Recommended Action Subject 4.3. Article 7 Grievance Hearing Meeting March 26, 2024 - HRPC 03/26/2024 - Tuesday, March 26, 2024, 8:30 AM, HR Conference Room, 200 Church St., Burlington, VT Category 4. Executive Session Department Human Resources Type Recommended Action 5. Other Committee Business 6. Adjournment Subject 6.1. Motion to adjourn Meeting March 26, 2024 - HRPC 03/26/2024 - Tuesday, March 26, 2024, 8:30 AM, HR Conference Room, 200 Church St., Burlington, VT Category 6. Adjournment Department Council and Board Type Recommended Action 7. Informational and Non-Discrimination Statements The City of Burlington will not tolerate unlawful harassment or discrimination on the basis of political or religious affiliation, race, color, national origin, place of birth, ancestry, age, sex, sexual orientation, gender identity, marital status, veteran status, disability, HIV positive status, crime victim status or genetic information. The City is also committed to providing proper access to services, facilities and employment opportunities. The programs and services of the City of Burlington are accessible to people with disabilities. Individuals who require special arrangements, auxiliary aid, service for effective communication, or a modification of policies or procedures to participate in a program, service, or activity of the City of Burlington, should contact the office of the Title II Burlington ADA Coordinator at 802-865-7000 as soon as possible but no later than 48 hours before the scheduled event. Page 2 of 4 Friday, February 16, 2024, 8:30 AM, Remote Zoom Meeting 8:30 am Friday February 16th 2024, Sharon Bushor Conference Room and Remotely via ZOOM: Please click the link below to join the webinar: Zoom Link: https://zoom.us/j/94820907375?pwd=ZWdzWk5KTGp5K29vZ1dEd2dLaU9jQT09 Meeting ID: 948 2090 7375 Passcode: 616429 Present: City Councilor Sarah Carpenter, Committee Chair City Councilor Zoraya Hightower City Councilor Hannah King Kerin Durfee, Director of Human Resources Others: Steve Groelinger, Vice President and Steward, AFSCME Local 1343 Hayley McClenahan, Assistant City Attorney Meaghan Diffenderfer, HR Administrative Coordinator SC calls the meeting to order, 8:39 am. 1. Adopt Agenda ZK motions to approve with amendment to remove 4.1. HK seconds. All in favor. Motion so approved and agenda adopted. 2. Approve Minutes ZH motions to approve the minutes from the 2. HK seconds. All in favor. So moved and approved. 3. Public Forum No public forum. 4. Executive Session HK moves to enter executive session pursuant to 1 VSA 313(a)(4) to discuss a potential disciplinary or dismissal action against a public employee. ZH seconds. All in favor. Committee enters executive session. Subject 4.1. Grievance Hearing: Step 2(DPW) Steve Groelinger, AFSME Local 1343 Steward, presented on behalf of the union in regards to a grievance around contract articles 2.2, 10.3, 10.5 and 15.3. The councilors asked clarifying questions. Page 3 of 4 Next steps: The Union requests written communication by the Councilors to be delivered within 7 days. HK moves to leave executive session. SC seconds. Exec session ends 9:28 am. 5. Discuss / approve new policies to be added to the City of Burlington's Comprehensive Personnel Policy Manual Subject 5.1. Waste, Fraud, and Abuse Policy ZH raises issue with suspicion of a crime will be passed on to law enforcement in particular a fear that people will be disciplined if they don’t feel comfortable going to law enforcement. KD suggests to mirror the language in the whistleblower policy regarding who is responsible to report potential criminal activity to law enforcement, or report to City Attorney’s office and/or outside council to determine if a criminal act has occurred. Next steps: KD will bring to Katherine, and then can distribute via email to approve digitally. Next meeting date: Tentatively March 26/27 6. Adjournment SC moves to adjourn. HK seconds. 9:43 am meeting ends. 7. Informational and Non-Discrimination Statements The City of Burlington will not tolerate unlawful harassment or discrimination on the basis of political or religious affiliation, race, color, national origin, place of birth, ancestry, age, sex, sexual orientation, gender identity, marital status, veteran status, disability, HIV positive status, crime victim status or genetic information. The City is also committed to providing proper access to services, facilities and employment opportunities. The programs and services of the City of Burlington are accessible to people with disabilities. Individuals who require special arrangements, auxiliary aid, service for effective communication, or a modification of policies or procedures to participate in a program, service, or activity of the City of Burlington, should contact the office of the Title II Burlington ADA Coordinator at 802-865-7000 as soon as possible but no later than 48 hours before the scheduled event. Page 4 of 4