HR Committee

Regular Meeting

Burlington, VT · May 17, 2024

Minutes

Friday, May 17, 2024, 8:30 AM, Remote via Zoom 8:30 am 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 (SC) City Councilor Evan Litwin (EL) City Councilor Marek Broderick (MB) Kerin Durfee, Director of Human Resources (KD) Others: Erik Ramakrishnan, Assistant City Attorney Chapin Spencer, Director of DPW Damion Gilbert, AFSCME Council 1343 Jesse Greeno, AFSCME Council 1343 Meaghan Diffenderfer, HR Administrative Coordinator Meeting called to order by SC, 8:33 am. 1. Adopt Agenda Councilor EL Moves to adopt the agenda. Councilor MB Seconds. Motion so moved and approved 2. Approve Minutes Councilor MB Moves to approve the minutes from the 03.26.24 meeting. Councilor EL Seconds. Motion so moved and approved. 3. Introductions All on the call provided quick introductions to one another, as this was the first meeting with the new composition of the Committee. 4. Committee Overview KD shares that the committee typically meets in person, but due to construction we are meeting virtually this month. The Personnel Policy Manual on website for review by committee members. This committee meets to hear grievances, mostly from AFSCME, and work on city policy. Some of the business that will be covered is left over from the previous committee – KD is always here if there are any questions. There will be a fuller orientation of what HR does by our Recruitment team member as well as a presentation on the full HR team. 5. Public Forum None. Motion by Councilor EL, second by Councilor MB, 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. Motion by Councilor EL, second by Councilor MB, 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 all currently present in the meeting (HRPC Meeting, Director of HR, Legal Counsel, Director of DPW, Representatives from AFSCME Local 1343, and committee admin). 6. Executive Session The committee entered executive session at 8:42 am. The committee heard from the union and management regarding a step 2 grievance on articles 2.2, 10.3, 10.5, and 15.3. Director Durfee will write a draft agreement to be presented to the attorney’s office for review, and presented to the Union no later than 5/31. Management also agreed to have an apology letter issued to the impacted party within 10 business days. The committee heard from the union and management regarding a separate step 2 grievance on articles 10.3 and 10.5. The councilors entered a caucus with legal counsel and the Director of HR at 9:40, and came back at 9:49. The committee will deliberate on the grievance and issue a response within 7 business days. Councilor MB moves to leave executive session, Councilor EL seconds. All in favor, so moved. Executive sessions ends, 10:14 am. Councilor SC postponed item 7 (PPM review) to allow for the committee to deliberate on the grievances heard. 8.Other Committee Business Councilors deliberated on the grievances heard during executive session. 9. Adjournment The meeting was adjourned at 10:40 am. 10. 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

Friday, May 17, 2024, 8:30 AM, Remote via Zoom 8:30 am 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. Review and approve minutes from 3.26.24 Meeting Meeting May 17, 2024 - HRPC 05/17/2024 - Friday, May 17, 2024, 8:30 AM, Remote via Zoom Category 2. Approve Minutes Department Human Resources Type Recommended Action 3. Introductions Subject 3.1. Committee members introduce themselves to one another. Meeting May 17, 2024 - HRPC 05/17/2024 - Friday, May 17, 2024, 8:30 AM, Remote via Zoom Category 3. Introductions Department Human Resources Type Recommended Action 4. Committee Overview Subject 4.1. Overview of the purpose of the HRPC as written in section 1.4 of the personnel policy manual. Meeting May 17, 2024 - HRPC 05/17/2024 - Friday, May 17, 2024, 8:30 AM, Remote via Zoom Category 4. Committee Overview Department Human Resources Type Page 1 of 5 Recommended Action 5. Public Forum 6. Executive Session Subject 6.1. Articles 2.2, 10.3, 10.5 and 15.3 Grievance Resolution Meeting May 17, 2024 - HRPC 05/17/2024 - Friday, May 17, 2024, 8:30 AM, Remote via Zoom Category 6. Executive Session Department Human Resources Type Recommended Action 7. Personnel Policy Manual Subject 7.1. Final review, wrap-up, and circulation of Policy edits. Meeting May 17, 2024 - HRPC 05/17/2024 - Friday, May 17, 2024, 8:30 AM, Remote via Zoom Category 7. Personnel Policy Manual Department Human Resources Type Recommended Action 8. Other Committee Business 9. Adjournment Subject 9.1. Motion to adjourn Meeting May 17, 2024 - HRPC 05/17/2024 - Friday, May 17, 2024, 8:30 AM, Remote via Zoom Category 9. Adjournment Department Council and Board Type Recommended Action 10. 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 Page 2 of 5 Burlington ADA Coordinator at 802-865-7000 as soon as possible but no later than 48 hours before the scheduled event. Page 3 of 5 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 Page 4 of 5 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. Page 5 of 5