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03-11-1986 HUCM0 9 -}J- especial Meeting March 11, 198E 7 O'clock A.M. The meeting was called to orCter by CommiJ ssioner Dac;yett at 7 a.m. Present at the meeting were Commissioners Dacf ett, Beatty, and Lyke. Also present were Mcjr. Alexander and Counsel Richard Peterson. Counsel Roder Gilmer was present for the stated puryuse of representing the interests of Mr. Todd Alexander. Commissioner Daggett said that the meeting had been called to consider whether or not it is legal for the son of Mgr. Alexander to be placed on the payroll of the Hutchinson Utilities in view of es>isting City hiring policy. Commissioner Daggett recognized the presence of Cot.insel Gilmer. Counsel Gilr :er said that he ;.,as repr-c.,santinc the interests of Mr. Todd Alexander. Mr. Gi_1hrie_r_ presented a a;h_,Truiar1.7 o"' � Dk r. Todd Al c�xander_' s cua_-rent status. Mr. Tudd :.le� aihaer lies worker'( for Uli� Hiii c ihiil vrl ULilities fur a period of three years. During that three; year period he has worked a total of seven months for the Utility. Mr. Todd Alexander was orally hired by fir. "'Eutch" Wentworth in P:i d Fe1 „111a_7. Mr. Tedc ! then attended a Plastic Fusdc-n School at the Hutchinson Utilities February 24, 1986. On Mardi 3, 1986 Mr. Todd Alexander reviewed the union contract and enyployee p oc rams witli Mir. - Vientwoi-IL CA, ,,.,arc ih 3, 1c86 M_'”. Todd A e-anC.er was informed that his eiplolment would ccrrLEnce on March 17. Mr. Gilmer_ stated that Mgr. Alexander said that the first tirle that �a "a ,l (ly'ii1F i1t )o -_icy �' /Us CU-Sutts,seCt with ° Litt wdc s. on F'ellruary 24-, 1986. Mr. Gl ±Stier meat ioneC1 the, emplo-,v Ilent Tppolicy resolution. presented at the Special. Meeting of March 6, 1986. Mr. Gilmer said that the resolution had been tables'. at that meeting. Mr. Gilmer said he wished to proceed to the consideration of Mr. Todd Alexander's case lookinc, at it from four different aspects. 1. Mr. Gilmer statesO, that there may be an issue of discrimin- ation bec�.use he felt that adopting a - policy prohibiting neiXotism at this time IClay be directed at an individual, namely, Mir. Tcx.7f'..T_lexander. If the policy were adcptec: today would it be perspective, that is, look to the future, or would it be retroactive. a. In Mr. Gilmer's opinion, if adopted, it would be perspective. b. Mr. Gilmer feels that Mr. Todd Alexander has already been hired and may have c1-hanged his position because he has rejected another job offer. 3. There is an union contract in force. Since Mr. Todd Alexander is a member of that union when hired, the union may get involved in his behalf. 4. In Mr. Gilmer's opinion the City of Hutchinson Employee Handbook- Personnel Policy does not apply to the Hutchinson Utilities Commission. a. Mr. Gilmer feels there are instances of family members working within departments of the city now. Examples are the Larson and Kirchoff brothers. Mike Kirchoff is a patrolman under Sergeant Ron Kirchoff. Mr. Gilmer said that City see-ins to find a way arount the employ- ment policy. b. Mr. Gilmer said that the current employee policy resolution of the City was adopted in 1981 and amended in 1985. However, some parts of the policy have been in effect for years and years. c. Mr. Ginner understands that Hutchinson Utilities Conmissi.on has no written personnel policy. Mr. Gilmer stated the Hutchinson Utilities Commission has always been considered a scparatc en tity ^.rcat d out of the Cit y Charter and is not subject to City employment policy. Commissioner Daggett asked if it was legal to hire Mr. `1`odd.Alexander. In Mr. Gilmer's opinion it is. Commissio,er Daggett wondereu if we we e %ci-iplying with the union contract. That is, did we call back laid off employees first. Mgr. Alexander responded that time limit rernairing call back had expired. Commissioner Daggett asked if the positions had been posted. Mgr. Alexander said that we have hired before without posting and that iie had talkeu i a i�11. Jay Friedrichs laic iiie�hc ( 3- 1G -86) and that Mr. Friedrichs had no problem with the lack of posting for these positions. Mgr. Alexander continued saying that he had not, however, informed Mr. Friedrichs of the lack of posting in the past. Mgr. Alexander said that Mr. Friedrichs did not care about the lack of posting if the employees did not care. Mgr. Alexander stated that he had mentioned to Mr. Wally Hombach that there would be jobs opening and did Mr. Hombach know if there was any interest in these jobs among the employees at the generating station. Mgr. Alexander said that Mr. Hombach stated that no employees would be interested in leaving the generating station for the kind of pay being offered for grouncInan and gas construction crew position. Commissioner Daggett asked if we were discriminately picking out the parts of the union contract which we wished to follow. 7 /// -129 Commissioner Beatty commented on the working together of the Kirchof_f brothers alluded to earlier by Mr. Gilmer. Cc=dssidner Beatty said that these were Civil Servicu, positions and Patrolman Mike Kirchoff could not have gotten the job unless he was number one on the list by virtue of the Civil Service selection process. Mgr. Alexander said that the last five or- six people were hired without posting and that the union was not concerned. Commissioner Daggett asked if the jobs should. have been advertised since at a starting wage of $8.81 an hour we might expect a large number of candidates from which to choose. Mr. Todd Alexander was hired without: testing the available labor_ market, Mgr. Alexander said we haven't advertised.in. the last seven or eight years. He felt it was not necessary because the candddates had chosen has? proven themselves and there w no need to Jo/_)k further. Counsel Peterson then stated his position as a representative of the Hutchinson ULilities Conn ssioii. Mi. Pe-Ler5on said tliaL in it s lL'Lnu there were twc issues to consider. 1. The establishment of hiring n_.rocedures apart from the hiring of Mr. Todd Alexander. 2. Address the question of hiring Mr. Todd Alexander at this Counsel Peterson felt that the City of Hutchinson Laployee Handb:ok- Per_sonnel Policy does not apply to the Hutchinson Utilities Conrni_ssion. tiV1Lll thaL 11. mind I.iJunst 1 P - LersUt.1 exo1e` SUC': Lhe fulluw_Lllq U'Anions: 1. There is no legal orohibition to hiring Mr. Todd Alexander at this time. 2. The Hutchinson Utilities Cor.mi.ssion has the right to pass resolution prohibiting the r.ir.ing of family members. 3. If the Hutchinson Utilities Cckmmission chose to adoot the resolution today there would be nothing unlawful axDut it. .n summary Counsel Peterson stated that if the resolution were adopted he caald see no discrimination or perspective problem. He also felt that Vae City emplgyment resolution does not apply to the Hutchinson Utilities Commission. Finally, Counsel Peterson stated that the anion contract does not apply to Mr. Todd Alexanser until the probation period is over. Counsel Peterson further states. that he would like more time to research the issues. Commissioner Beatty said that he had talked to the City Att-crney and Hazel Sitz. Commissioner Beatty agreed that the City of Hutchinson Employee Handbook- Personnel Policy does not apply to the Hutchinson Utilities Commission. Commissioner Beatty felt that instances of nepotism have been permitted by the City while the City employment policy has been in effect. Commissioner Beatty feels that the City applies the policy with a rather_ liberal interpretat?_on. /i Commissioner Beatty said that he personally has no problem with nepotism so long as the person hired can do the job. If anything, it may be unfair to the individual hired because he or she will be expected. to perform better than other employees. Commissioner Beatty felt that the resolution as presented by Commissioner Lyke was too restrictive. At this point he was not prepared to adopt the resolution as presented by Commissioner Lyke nor would he act to prevent the employment of Mr. Todd Alexander so long as procedures normally followed by the Utility, over the past several years, for employment, were followed in this case. Commissioner Lyke stated that nepotism means hiring people giving special consideration. Commissioner Lyke stated that he had little difficulty with hiring practices which assess the available labor pool and make an honest effort to select the best candidate. The problem for Commissioner Lyke arose when the requirement of the union contract to post the Jobs was intentionally ignored and there was no effort to assess the qualifications of more than one candidate for the positions. Commissioner Lyke said nepotism is not choosing someone's immediate family �aember from a Group of people when that family member is clearly the best qua14 fi cd for the Counse =i Peterson and.Comni,ssiorpr Beatty stated that they used the term nepotism to mean hiring a family member. They did not intend the meaning, hiring with special consideration. Commissioner Lyke said that he was concerned that the decision to hire Mr. Todd Alexander was made before a proper evaluation was made. Counsel Gilmer asked if there was any question in anyone's mind that Mr. Todd Alexander had been told that he had been hired. All the Commissioners acknowledged that they had been told that, although Commissioner Daggett said that he had no proof that it was true. Counsel Gilmer continued that it was his understanding that Mr. "Butch" Wentworth had hired in the past and has the authority to hire and fire. Mgr. Alexander said the authority rests with the person responsible for the position for which the hiring is being done. Commissioner Daggett asked if recommodations weren't made to the manager who then did the hiring. Mgr. Alexander said no. Mgr. Alexander stated that the last person that he interviewed was Mr. Norm Bohn. Mgr. Alexander stated, as a point of information for Commissioner Lyke, that Mr. "Butch" Wentworth had checked the existing applications for possible candidates for the positions, and there were no others available. 1 1 li3 -M Counsel Gilmer stated that regardless of whether or not proper procedures were followed Mr. Todd Alexander was given a job and had attended the Plastic Fusion School. The question of Mr. Todd Alexander's back injury while working part time for the Utility was discussed. Mgr. Alexander said that the injury was a minor muscle pull. Counsel Gilmer asked if the injury is a rated disability. It is not. Commissioner Lyke stated that he would like something similar to the hiring policy resolution, presented at the March 6, 1986 meeting, adopted, but felt he shouldn't introduce it row because it may not be properly written. Commissioner Lyke felt there are now two choices before the Commission. There are: 1. Forget the current circumstances and adopt a policy in the future. 2. Put employment on hold until a policy is adopted. Counsel Gilmer did not agree with employment on hold. He felt it would nct be fair to thcs v,?ho v,cre told that they had been hired. Commissioner Lyke questioned whether or not anyone had been hired since proper hiring procedures were not followed. Commissioner Daggett said that Mr. Todd Alexander could be hired on a 90 day probation period. He suggested hiring a consultant to assist in establishing a hiring and management policy. Commissioner Beatty stated that hiring practices, which have been used in the past, were followed in this case, but that written was not followed. Mgr. Alexander asked what he should do in the case of Mr. Todd Alexander. Commissioner Daggett told Mgr. Alexander that he should use his own best judgement. Mgr. Alexander introduced, for discussion, a proposal presented by GAB Business Services, Inc. to appraise the plant, equipment, and inventory for the Hutchinson Utilities Commission. The cost of the proposal. would be approximately $10,000.00. Mgr. Alexander stated that we are currently carrying insurance for the replacement value of the plant and equipment. The meeting was adjourned at 8:o5 a.m. ATTEST