June 12, 2008
Charter Review Commission Meeting
Agenda
 

I.  Public Safety Director Martin Flask’s response to the comments made by Firefighter Union Local 93 to the ARFF Unit proposal.

II.  Review of proposed charter change recommendations.

III.  Presentation of format for the upcoming public hearings.

IV.  Old Business.

V.  New Business.

June 12, 2008
Charter Commission Meeting

Chairperson Phyllis Cleveland called the meeting to order at 8:48 AM.  Chairperson Cleveland reviewed the agenda for the meeting and handed out a proposal submitted by the EMS CARE union for each member of the Commission to review.  Once this was done, the Chairperson had proceeded with the meeting.

Kevin Kelley had mentioned that he will be scheduling a sub-committee meeting on campaign finance sometime next week.  Kelley mentioned that the sub-committee members will be contacted about this upcoming meeting and what dates and times work best for them.

Public Safety Director Martin Flask came to the committee table and commented on the proposal that was submitted by Fire Chief Stubbs.  Director Flask mentioned that it is the recommendation of the Administration that the fire chief be appointed by the administration.  The appointed fire chief would return to his or her original civil service position if for some reason the fire chief is removed from the fire chief position.  This is the administration’s position according to Director Flask.  The administration concurs that the fire chief can appoint fire command staff personnel but that the Mayor would still make the appointments and the fire chief can provide to the Mayor his or her recommendations for selection.  Director Flask also mentioned that command staff members can return to their original civil service positions if they should be removed from the command staff position for whatever reason.

Ken Johnson raised question about the command staff positions.  Ken Johnson mentioned that should the new deputy fire chief positions be created would this pose a problem for those individuals who are already part of the fire command staff.  Director Flask had mentioned that this would be something that the Fire Division would examined and mentioned that there would be challenges in initiating this kind of change in the command structure.  Director Flask also mentioned that this becomes a management challenge in regards to making appointments to the new command staff positions and this is something that will take time to do. 

Fire Chief Paul Stubbs came to the committee table and addressed the commission regarding how the fire division would deal with the challenges of the transition period for the new command structure, which according to the Fire Chief would be awkward but can be managed.  Chief Stubbs mentioned that the assistant chief rank would be replaced by the Deputy Fire Chief, and he further indicated that the duties would be the essentially the same.  Those people who are in place now in their current positions of assistant fire chief would still retain their duties, and as they leave those positions they would be replaced by the deputy fire chiefs. These individuals would be separated from their positions before the new deputy chief positions are filled. 

It was mentioned that there would be recommendations made by the fire chief on those individuals the chief would like to see selected to the command staff positions.  These recommendations would be made by the Fire Chief to the Mayor. In the proposal submitted by Fire Chief Paul Stubbs the fire chief would be the one to make the appointments.  However, Director Flask mentioned that the administration would rather have the mayor make the appointment with the fire chief making the recommendations.

Ken Johnson mentioned that the fire division was supposed to be non-political and under this format there could develop the possibility that the fire division could become politicized under this selection process for command staff positions. 

Safety Director Flask mentioned that he does not see this as being a political process.  Fire Chief Paul Stubbs mentioned that over time you can monitor and track the performance of an employee and determine if they could handle additional responsibility.  Chief Stubbs mentioned that there have been instances where over a 30 year period there have been 5 demotions in the fire division (3 permanent and 3 temporary). 

Director Flask mentioned that the fire chief must make certain that he has the right command staff to work with.  Vickie Johnson raised the question on whether such appointments for command staff positions are based on civil service examination scores.  Director Flask mentioned that selection to these positions is usually based on the top three scorers and usually the highest scorer is taken for the position. 

Colleen Gilson mentioned what is meant by at-will and what do it mean – Richard Horvath mentioned that this means to serve at the pleasure of the appointing authority.  Horvath also added that unclassified employees are considered to be at–will employees.  

Horvath mentioned that if the person does in fact come from the division of fire and be appointed to a command staff position, they could move back to their civil service position if they are demoted.  Horvath mentioned that the proposal would also allow the administration to appoint someone from outside the fire division who has the necessary qualifications and skills needed for the position.   

Patrick Mangan mentioned about command staff appointments being made outside of city hall and whether or not they had worked.  Director Flask mentioned that some of these appointments were more successful than others and those who did not work out were replaced. 

Chairperson Cleveland mentioned that you could select someone from within or someone outside the division who has the requisite skills.  Director Flask mentioned that this would be based on both the Mayor and Fire Chief recommendations on who should be appointed to the position. 

Director Flask mentioned that the policy serves to protect the employee who can go back to their civil service position in the case that their command staff position does not work out.  This would also serve to encourage individuals to apply for command staff positions without fear of being out of employment if the command staff position does not work out.

Director Flask mentioned that he has never been approached to become involved in politics or political campaigns during his tenure with the city.  There is no involvement in the political process during his time with the safety department. 

Patrick Mangan asked if there will be a document provided by the safety director and the chief of fire on this topic of command staff changes.  Richard Horvath mentioned that the commission has both proposals and would have to make the decision.  Robert Triozzi mentioned that this is not the only areas where there are differences in regards to the charter proposals.  Chairperson Cleveland mentioned that this would be a decision that the commission would need to make. 

Patrick Managn mentioned if there were any issues that needed to be resolved regarding the airport proposals regarding ARFF.  Horvath indicated that he requested additional information from the director of port control and so far they are gathering that information and will provide it once the information has been gathered.

Richard Horvath began to review the other charter recommendations and had been redrafted and some of these proposals that the commission wanted to see was provided to the members. The design build piece was the first revised proposal that was discussed by Horvath (Section 167). The 167 piece design build proposal was reviewed and Horvath went over the revisions that were made.  The language is being made more generic and is being merged with design professional with the public improvement contract.

Mandatory referral was the next proposal that was reviewed by Horvath which was favored by Bob Brown.  Horvath came up with the language with what needs to be added in the policy, and there were also comments made about mandatory referral and requiring legislation of land use regulation. 

Kelley mentioned about the changes to public space that are not exterior which could be referred to planning, and such work that is being done at the airport where planning would like to see. Kelley mentioned that this is something he would like to see included in the proposal. 

Horvath mentioned that there is a way that he could put language in the revision that could meet Kelley’s concerns regarding heavily used public buildings. 

76-3 regarding when the law department has to sign off on documents was covered next by Horvath who reviewed the changes.  Provide the Law Director more flexibility in hiring additional assistant prosecutors if needed. Robert Triozzi mentioned that he was asked by his staff if he would consider structuring some full time employee positions to part time positions and he mentioned that he would not be able to do that.  Ken Johnson mentioned that the Law Dept wants the council to give up its responsibility to the Law Department in fiscal oversight in regards to the budget and personnel expenditure decisions.  Ken Johnson would rather keep the Council involved in the decision-making process as it pertains to approving or disapproving additional staffing positions.

Richard Horvath mentioned that he was approached by the Division of Accounts with a proposed change, which pertains to when Council gets paid, and proposed that Council gets paid every two weeks (26 times a year) instead of 24 times per year.  Kevin Kelley mentioned that he would prefer that the city goes to the 24 pays per year, because it would work out much better. 

Patricia Britt mentioned if there was any savings to the city under the accounts recommendation.  Horvath mentioned that there is no savings, only it would be easier for the Division of Accounts. 

Proposed City Council changes to the charter are scheduled to be discussed next week.  Chairperson Cleveland asked  Communications Manager Katherine Bulava about the upcoming public hearings, which will be taking place at Cuyahoga Community College Metro, Gunning recreation and Harvard Community Center later this month.  Katherine Buluva came to the Committee table and began to explain the process for the public hearings. The public hearing flyers were discussed and how they would be distributed.  There was also discussion on the format and structure of the meetings which would be the same as the weekly commission meetings. Citizens would be allowed to speak about what they would like to see changed in the charter.  The format would also include the Chair and Vice-Chair talking to the public about what the charter commission does and what its function is and what it is trying to accomplish.

Kevin Kelley mentioned if there is any format to let people know what the hearing is about and that it is not a council town meeting where complaints are heard. 

Buluva mentioned that there still may be citizens who will not follow the format.  Buluva suggested that a table could be set up where a sign-up list could be provided where people could sign-up to speak.  Patrick Mangan mentioned about security arrangements at the hearing and what they would consist of. 

Buluva mentioned that security will be followed up upon.  Bill Callahan raised the question of where will the hearing  be held on the Tri-c campus.  Buluva mentioned that the name of the room is not on the flyer, but the Tri-C site will be well marked.  E-mails will also be sent to the members and it was asked if the flyers could be sent out in e-mail form as well. 

Chairperson Cleveland mentioned that the intent is to allow the public to come and provide testimony and to transcribe for the Commission’s use.

Colleen Gilson requested that we know how many commission members are planning to attend the meeting so that there are members present at each of these meetings. 

Katherine Buluva mentioned that there will be PSA on the upcoming meetings and information will be on the city council website as well. 

Mabel Jasper mentioned that commission members should know how many members are planning to attend, and Buluva mentioned that an e-mail will be sent to the members and other members can be

Chairperson Cleveland addressed audience and thanked them for coming to the meeting.  The Chairperson mentioned that City Council President Martin Sweeney will be attending next week’s meeting to talk about city council rightsizing. Chairperson Cleveland also indicated to the Commission members that she does not know when Mr. Dykes will be in to speak with the commission about his research on the council rightsizing. 

Chairperson Cleveland adjourned the meeting at 10:20 AM.