PERSONNEL COMMITTEE REPORT. Carl Rutske, Chairperson, Kenneth Hilliard and Jim Krolczyk

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1 PERSONNEL COMMITTEE Tuesday, April 13, 2010 Courthouse & Government Center 2:30 RM. Board of Commissioner s Room REPORT Members Present: Others Present: Carl Rutske, Chairperson, Kenneth Hilliard and Jim Krolczyk Thomas Kaminski, County Controller/Administrator; Honorable Thomas Brunner, Judge of Probate; Dale Kowalkowski, Sheriff; Kenneth Falk, Emergency Management Coordinator; Russ Pomeroy, County Treasurer; Marilyn Kliber, County Clerk; Heather Vasquez, Interim Equalization Director; Robert Bernatche, Retiree Spouse; and Karen Molby, Personnel Officer/Administrative Assistant The meeting was called to order at 2:30 RM. ITEMS REQUIRING BOARD ACTION The Committee was presented with proposed changes to the Manistee County Family and Medical Leave Act Policy as recommended by Timothy Perrone, Labor Attorney. These changes are being recommended to more closely track the language of the Regulation and recent amendments made to the same. After discussion, Mr. Hilliard recommended approval of the changes to the Manistee County Family and Medical Leave Act Policy as recommended by the County s labor attorney. No alternative recommendation was proposed. (APPENDIX A) Ms. Molby reported that she has advertised the Equalization Director position in the Manistee News Advocate, Ludington Daily News, Traverse City Record Eagle, Michigan

2 Personnel Committee Tuesday, April 13, 2010 Page 2 DRAFT Township Association, Michigan Assessor and Michigan Association of Counties. The deadline for submitting resumes will be April 30, She has also contacted Donna Stokes, Muskegon Equalization Director, and she has indicated that she is interested in assisting the County with the interview process again and has scheduled Thursday, May 13, 2010 and Friday, May 14, 2010 for this purpose. The County Board will need to set up a meeting to select interview candidates and will also need to determine who will be performing the interviews. ITEMS NOT REQUIRING BOARD ACTION The Committee was presented with the four requests for Step increases pursuant to the Position Reevaluation Policy: 1. Judge Brunner presented a request for a two Step increase for the Deputy Probate Register. 2. Sheriff Kowalkowski presented a request for a one Step increase for the Emergency Management Coordinator. 3. Mr. Pomeroy presented a request for a two Step increase for the Chief Deputy County Treasurer. 4. Mr. Pomeroy presented a request for a two Step increase for himself. The Committee was provided with written information from each Department Head regarding their requests and an informational sheet prepared by Administration which provided information regarding what each request would cost. Each Department Head also provided the Committee with a verbal explanation of their request. Sheriff Kowalkowski also stated that his request is based on the fact that the Personnel Committee told him to return to request an additional step when Mr. Falk completed the requirements to attain his Professional Emergency Manager status. Mr. Hilliard expressed his concerns about awarding any step increases again this year until more information is received regarding future cuts to be made by the State of Michigan and until the FY budget discussions are underway. Mr. Krolczyk also stated that he feels the County may be in worse financial shape this year than they were last year. Mr. Karninski stated that he is very concerned and does not see great things for the future. He explained that taxable values are down, and this year s budget already has to be cut by a minimum of $156, He indicated that he may have a little better idea of how the FY budget will look closer to July 2010, There was also some discussion about the possible need to revisit various sections of the current Position Reevaluation Policy, especially the deadline date requirement. The Committee felt it was difficult to follow the June completion requirement when budget discussions don t

3 Personnel Committee Tuesday, April 13, 2010 Page 3 DRAFT even begin until about that time. After discussion, there was a consensus of the Committee to hold off making a decision regarding any of the Step increase requests until at least June or when additional information regarding the FY budget may be available. Mr. Bernatche appeared before the Committee to request that the County look at extending the current Health Reimbursement Account (HRA) to retirees and allow retirees to purchase other health insurance. The current HRA is only offered to active employees. The Committee requested that Administration research this request further and report back at a future meeting. Ms. Molby reported that pursuant to the direction of the Personnel Committee at their February 9, 2010 meeting, a meeting was held with Steve Fredricks of Manistee Insurance, Tom Kaminski, Russ Pomeroy, Chuck Haemker and herself to begin discussing various health insurance options that are available to the County. Another meeting will be scheduled once this year s renewal rates become available. It is anticipated that these rates should be available within the next month or two. Ms. Molby reported that Stan Preidis, VFW District 12 Senior Vice President, sent an to Tom Kaminski indicating that he would contact the VFW Post Commanders from Mason, Lake and Wexford Counties regarding Veterans counselor services in their Counties, Mr. Kaminski reported that no additional information was available to report regarding this matter at this time. The meeting adjourned at 4:10 PM. Carl Rutske, Chairperson Kenneth Hilliard, Commissioner Jim Krolczyk, Commissioner

4 MANISTEE COUNTY FAMILY AND MEDICAL LEAVE ACT POLICY Adopted August 16, 1994 Amended February 19, 2002 Amended June 19, 2007 Amended September 16, 2008 Amended April 27, 2010 An employee who has worked for the Employer at least twelve (12> months (and worked at least 1,250 hours on the job in the twelve (12> months preceding a request for leave> may apply for a leave of absence pursuant to the Family and Medical Leave Act (FML4) for the following reasons: A. To care for a newborn son or daughter. B. Because of the placement of a son or daughter with the employee for adoption or foster care. C. In order to care for the spouse, son, daughter, or parent of an employee who has a serious health condition. D. Because of a serious health condition that makes the employee unable to perform the functions of his or her job. Any eligible employee will be granted up to twelve (12) unpaid work weeks of leave during a twelve (12> month period for leaves granted under the FMLA, which twelve (12) month period is measured backward from the date the employee uses any FMLA leave. E. Because of any qualifying exigency (to be defined by the Secretary of Labor) arising out of the fact that the spouse, son, daughter, or parent of the employee is on active duty (or has been notified of an impending call or order to active duty) in the Armed Forces in support of a contingency operation, Because of any qualifying exigency (as defined and limited in duration by the Secretary of Labor) arising out of the fact that the spouse, son, daughter, or parent of the employee is on covered active duty (or has been notified of an impending call or order to

5 covered active duty) in the Armed Forces (including National Guard and Reserves) in support of a contingency operation, Qualifying exigencies are generally defined to include: short-notice deployment; military events and related activities; child care and school activities; financial and legal arrangements; counseling; rest and recuperation; post-deployment activities; and miscellaneous activities as agreed upon by the Employer and employee. Any eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered servicamember shalt be entitled to a total of twenty-six (263 workweeks of leave during a twelve (12> month period to care for the servicemember. The leave described in this paragraph shall only be available during a single twelve (12) month period. During this single twelve (12) month period, an eligible employee shall be entitled to a combined total of twenty-six (26) workweeks of leave under A through E above. Nothing in this paragrapt shad be construed to limit the availability of leave under Paragraph I during any other twelve (12) month period. Any eligible employee who is the spouse, son, daughter, parent, or next of kin (nearest blood relative) of a covered servicemember (or veteran who was a member of the Armed Forces in the preceding five (5) years) shall be entitled to a total of twenty-six (26) workweeks of leave during a twelve (12) month period to care for the servicemember who incurs a serious illness or injury while on covered active duty which renders the servicemember unfit to perform his duties, and for which ongoing medical treatment, recuperation or therapy is needed, or where the illness or injury qualifies the servicemember to be placed on the temporary disabled list. The leave described in this paragraph shall only be available during a single twelve (12) month period, which period begins on the first day the eligible employee takes leave to care for the servicemember, and ends twelve (12) months after that date. During this single twelve (12) month period, an eligible employee shall be entitled to a combined total of twenty-six (26) workweeks of leave under A through E above. Nothing in this paragraph shall be construed to limit the availability of leave under Paragraph 1 during any other twelve (12) month period. 2. NOTICE. Employees anticipating the need for a leave pursuant to the FMLA are requested to provide at least thirty (30) days advance written notice of the need for the leave. A. If it is not possible to provide thirty (30) days advance notice, the employee should provide as much advance notice as practical under the circumstances.

6 B. In any case in which the necessity for the leave is foreseeable based upon planned medical treatment, employees are required to consult with the Employer and to make a reasonable effort to schedule the leave so as not to disrupt unduly the Employer s operations, subject to the approval of the health care provider. C. In any case in which the necessity for leave under Paragraph 1(E) is foreseeable, whether because the spouse, son, daughter, or parent of the employee is on active duty, or because of notification of an impending call or order to active duty in support of a contingency operation, the employee shall provide such notice to the Employer as is reasonable and practicable. 3. MEDICAL CERTIFICATION. Employees requesting a medical leave for a serious health condition under Paragraph 1(C), (D), and/or (E) above, including intermittent leave or reduced schedule leave, must provide certification of the serious health condition of the eligible family member or employee or of the next of kin of an individual in the case of leave taken under Paragraph 1(E) which includes at a minimum the following information: A. The date on which the serious health condition began, B. The probable duration of the condition. C. Appropriate medical facts regarding the condition including the diagnosis, treatment regime, etc. Certification Related to Active Duty, Call to Active Duty, or Care for Covered Servicemember: The Employer may require that a request for leave under Paragraph 1(E) be supported by certification in a form containing such information as prescribed by the Secretary of Labor, including, but not limited to, Form WH-384, Form WH-385, Invitational Travel Orders, and/or International Travel Authorizations, The employee shall provide a copy of such certification in a timely manner. Such certification shall be on the form approved by the United States Department of Labor. (See Appendix 3) If the Employer questions the need for the leave or the adequacy of the medical certification, it shall obtain a second opinion, at the Employer s

7 expense. If the two health care providers opinions differ, a third opinion from a health care provider who is mutually agreed upon by the Employer and employee may be requested by the Employer, which examination shalt be paid for by the Employer and wilt be final and binding on the parties. Certification Retated to Active Duty or Call to Active Duty: The Employer may require that a request for leave under Paragraph 1(E) be supported by a certification issued at such time and in such manner as the Secretary of Labor may by regulation prescribe. If the Secretary of Labor issues a regulation requiring such certification, the employee shall provide, in a timely manner, a copy of such certification to the Employer. 4. The Employer shalt respond to the application for FMLA leave on the Department of Labor Form at Appendix COORDINATION. Where two (2) spouses work for the Employer, they wilt be allowed a total of twelve (12) weeks between them to take a family leave if the leave is taken: A. for the birth of the employee s son or daughter or to care for the child after birth; B. for placement of a son or daughter with the employee for adoption or foster care, or to care for the child after placement; or C. to care for the employee s parent with a serious health condition. Servicemember Leave: The aggregate number of workweeks of leave that both a husband and wife may be entitled to under Paragraph 1 may be limited to twenty-six (26) workweeks during the single twelve (12) month period described in Paragraph 1, if the leave is: A. leave to care for the servicemember; or B. a combination of leave under Paragraph 1. Both limitations are applicable, therefore, if the leave taken by the husband and wife includes leave described in Paragraph 1, the limitation in Paragraph 1 shalt apply to the leave described in Paragraph There shall be no loss of seniority or accrued benefits during the period of an approved leave, Health insurance benefits shall be maintained during the

8 leave at the same level and conditions as if the employee had continued to work. The employee is responsible to pay the employee s portion of the health insurance premiums for coverage during the leave or, at the employee s option, no health insurance will be provided during the leave. 7. Employees will be required to use any accrued paid time off as part of the twelve (12) week or twenty-six (26) week period, as appropriate, granted for any of the reasons set forth in Paragraph 1 (A), (B), (C), (D) and/or (E) above. (Sick days, vacation days, personal days, compensatory days.) This provision does not apply in the case of an employee who is on a paid disability leave. 8. Employees on family leave for twelve (12) weeks or twenty-six (26) weeks, as appropriate, or less shall be returned to work to the same or an equivalent position they held prior to taking the leave. A. An employee on family leave who desires to return to work must notify their Department Head at least three (3) working days prior to the return date. The Employer will determine the date of return to work based on the employee s request. B. An employee who has been absent for medical reasons must obtain a return to work release from his/her physician which must certify the employee is fit for duty without restriction or specify the type, nature and duration of any work restrictions, if applicable. 9. An employee who fails to return to work at the expiration of the FMLA leave shall be required to secure approval for an extended medical leave. The employee who does not secure such approval will be considered a voluntary quit. 10. Employees may not work for another employer while on a FMLA leave from the County without written permission from the employee s supervisor. Violation of this requirement will be considered a serious infraction which will result in termination of the approved leave and/or discipline up to and including termination. MISCELLANEOUS LEAVE PROVISION An employee who meets all of the requirements as herein before provided shall be granted a leave of absence with or without pay, and he shall accumulate seniority during such leave of absence, and he shall be entitled to resume his regular seniority status and alt job and recall rights.

9 - APPENDIX 1 MANISTEE COUNTY APPLICATION FOR FAMILY AND MEDICAL LEAVE ACT CONTINUOUS LEAVE Name Department Position Location Reason for Requested Leave: (Please check as applicable) For birth of a son or daughter, and to care for the newborn child. For placement with the employee of a son or daughter for adoption or foster care. To care for the employee s spouse, son, daughter or parent with a serious health condition. Because of a serious health condition that makes the employee unable to perform the functions of his/her job. Because of any qualifying exigency (to be as defined by the Secretary of Labor) arising out of the fact that the spouse, son, daughter, or parent of the employee is on active duty (or has been notified of an impending call or order to active duty) in the Armed Forces in support of a contingency operation. To care for the employee s spouse, son, daughter, parent, or next of kin who is a covered servicemember who incurred a serious injury or illness while on covered active duty for which ongoing medical treatment, recuperation or therapy is needed. Applicable Date(s): From To Reason for Leave (Explain in Detail):

10 In making this request for Family and Medical Leave, I agree to provide all documentation requested to verify the leave, including completion of the Certification of Physician or Practitioner for any leave involving a serious health condition, and I also understand that prior to approving this request, a second or third opinion of a health care provider may be requested. I also agree to provide medical certification of my ability to return to work, if requested by my Employer. understand that I am entitled to receive continued health care benefits during my Family and Medical Leave under the same conditions as I currently receive them. In order to continue these benefits, I agree and understand that I wilt be obligated to pay my portion of the health care premiums for myself and my family, if applicable, during my leave if I want my Employer to provide the same health care coverage that I currently receive for the period I am on leave. I also understand that my benefits will cease during the leave if my premiums are more than thirty (30) days late. I prefer to pay my health care premiums on the following schedule: (Please check as applicable) My portion of the premiums will be paid from the paid leave that has been substituted for Family and Medical Leave, and the remainder will be submitted in monthly payments no later than the 10th day of the applicable month for the duration of my leave. During the course of my leave, my portion of the premiums will be paid in monthly installments, no later than the 10th day of the applicable month. Prepayment of the premiums for the period of my leave. I DO NOT want to pay health care premiums and therefore, _.-4--._._4 I AIII I II(Vr k-.., k..h-k r,, ui Lc1I tu LI IL. I VYILL I1J I I I2ve I call I cvui agu UUI III III period of leave. Furthermore, I agree and understand that if I do not return to work for any voluntary reason, my Employer shall have the right to recoup from me, personally, the premiums paid on my behalf for health insurance and/or other benefits that are paid on my behalf during my leave period.

11 S In requesting the above leave, I also understand that failure to return to work on or before the return to work date may be viewed as a resignation untess advance arrangements for extensions have been made and approved, in writing, by my Employer. Emptoyee Signature Approved By Date Date

12 MANISTEE COUNTY APPLICATION FOR FAMILY AND MEDICAL LEAVE ACT INTERMITTENT LEAVE INCLUDING REDUCED SCHEDULE LEAVE APPENDIX 2 For any request involving intermittent leave or a reduced schedule leave relating to a serious health condition, there must be a medical need for such leave. Also, employees needing intermittent leave or a reduced leave schedule must attempt to schedule such leave so as to not unduly disrupt the operations of the Employer. My Employer reserves the right to transfer an employee to an alternative position where such leave is requested for medical reasons. Name Department Position Location Reason for Requested Leave: (Please check as applicable) For birth of a son or daughter, and to care for the newborn child. For placement with the employee of a son or daughter for adoption or foster care. To care for the employee s spouse, son, daughter or parent with a serious health condition. Because of a serious health condition that makes the employee unable to perform the functions of his/her job. Because of any qualifying exigency (to be as defined by the Secretary of Labor) arising out of the fact that the spouse, son, daughter, or parent of the employee is on active duty (or has been notified of an impending call or order to active duty) in the Armed Forces in support of a contingency operation. To care for the employee s spouse, son, daughter, parent, or next of kin who is a covered servicemember who incurred a serious injury or illness while on covered active duty for which

13 Approved By DRAFT ongoing medical treatment, recuperation or therapy is needed. Describe Requested Adjustment in Work Schedule: Applicable Date(s): Reason for Leave (Explain in Detail): In making this request for Family and Medical Leave, I agree to provide all documentation requested to verify the leave, including completion of the Certification of Physician or Practitioner for any leave involving a serious health condition, and I also understand that prior to approving this request, a second or third opinion of a health care provider may be requested. I also agree to provide medical certification of my ability to return to full-time employment, if requested by my Employer. Employee Signature Date Date

14 MANISTEE COUNTY FORM FOR CERTIFICATION OF PHYSICIAN OR APPENDIX 3 PRACTITIONER FOR FAMILY AND MEDICAL LEAVE ACT LEAVE 1. Employee s Name: 2. Patient s Name (if other than employee): 3. Diagnosis: 4. Date Condition Commenced: 5. Probable Duration of Condition: 6. Probable Duration of Inability to Work Due to the Condition: 7. Regimen of Treatment to be Prescribed (indicate number of visits, general nature and duration of treatment, including referral to other provider of health services. Include schedule of visits or treatment if it is medically necessary for the employee to be off work on an intermittent basis or to work less than the employee s normal schedule of hours per day or days per week): A. By Physician or Practitioner: B. By another provider of health services, if referred to by Physician or Practitioner:

15 If this Certification relates to care for the employee s seriously ill family member, skip Items 8 through 10 and proceed to Items 11 through 14. Check YES or NO in the boxes below, as appropriate: YES NO 8. Is inpatient hospitalization of the employee required? 9. Is employee able to perform work of any kind? 10. Is employee able to perform the functions of employee s position? (Answer after reviewing statement from Employer of essential functions of employee s position, or, if none provided, after discussing with employee.) For Certification relating to care for the employee s seriously ill family member, complete items 11 through 14 below as they apply to the family member: Check YES or NO in the boxes below, as appropriate: YES NO 11. Is inpatient hospitalization of the family member (patient) required? 12. Does (or wilt) the patient require assistance for basic medical, hygiene, nutritional needs, safety or transportation? 13. After review of the employee s signed statement below, is the employee s presence necessary or would it be beneficial for the care of the patient? (This may include psychological comfort.) 14. Estimate the period of time care is needed or the employee s presence would be beneficial:

16 DRA FT To be completed by the employee needing Family and Medical Leave: When Family and Medical Leave is needed to care for a seriously ill family member, the employee shall state the care he/she will provide and an estimate of the time period during which this care will be provided, including a schedule if leave is to be taken intermittently or on a reduced schedule: Employee Signature: Date: In the event intermittent leave or reduced schedule leave is being prescribed or recommended, describe why this is necessary: Signature of Physician or Practitioner: Type of Practice (field of specialization, if any): Date: Telephone:

17 MANISTEE COUNTY RESPONSE TO REQUEST FOR FAMILY AND MEDICAL LEAVE ACT LEAVE APPENDIX 4 TO: FROM: (Employees Name) (Name of Appropriate Employer Representotive) DATE: SUBJECT: Request for Family and Medical Leave Act Leave On (date) Leave Act leave due to: you notified us of your need to take Family and Medical the birth of a child, or the placement of a child with you for adoption or foster care; or a serious health condition that makes you unable to perform the essentia functions of your job; or a serious health condition affecting your spouse, child, parent, for which you are needed to provide care. Because of any qualifying exigency (to be as defined by the Secretary of Labor) arising out of the fact that the spouse, son, daughter, or parent of the employee is on active duty (or has been notified of an impending call, or order to active duty) in the Armed Forces in support of a contingency operation. To care for the employee s spouse, son, daughter, parent, or next of kin who is a covered servicemember who incurred a serious injury or illness while on covered active duty for which ongoing medical treatment, recuperation or therapy is needed.

18 I)RI\FT 4(5 You notified us that you need this leave beginning on (date) and that you expect leave to continue until on or about (date) Except as explained below, you have a right under the FMLA for up to twelve (12) weeks or twenty-six (26) weeks of unpaid leave in a twelve (12) month period for the reasons listed above. Also, your health benefits must be maintained during any period of unpaid leave under the same conditions as if you continued to work, and you must be reinstated to the same or an equivalent job with the same pay, benefits, and terms and conditions of employment on your return from leave. If you do not return to work following the FMLA leave for a reason other than: (1) the continuation, recurrence, or onset of a serious health condition which would entitle you to FMLA leave; or (2) other circumstances beyond your control, you may be required to reimburse us for our share of health insurance premiums paid on your behalf during your FMLA leave. This is to inform you that: (check appropriate boxes, explain where indicated) 1. You are El eligible El not eligible for leave under the FMLA. 2. The requested leave El will El will not be counted against your annual FMLA leave entitlement. 3. You El will El will not be required to furnish medical certification of a serious health condition. If required, you must furnish certification by (insert date) (must be at least fifteen (15) days after you are notified of this requirement) or we may delay the commencement of your leave until the certification is submitted. 4. You may elect to substitute accrued paid leave for unpaid FMLA leave. We El will El will not require that you substitute accrued paid leave for unpaid FMLA leave, If paid leave will be used, the following conditions will apply: (Explain) 5. A. If you normally pay a portion of the premiums for your health insurance, these payments will continue during the period of FMLA leave. Arrangements for payment have been discussed with you and it is agreed that you will make premium payments as follows: i5et forth dates. cc. the 10th of

19 each month, or pay periods, etc, that specifically cover the agreement with the employee.) B. You have a minimum thirty (30) day (or, indicate longer period, if applicable) grace period in which to make premium payments. If payment is not made timely, your group health insurance may be canceled, provided we notify you in writing at least fifteen (15) days before the date that your health coverage will lapse, or, at our option, we may pay your share of the premiums during the FMLA leave, and recover these payments from you upon your return to work. We 0 will 0 will not pay your share of health insurance premiums while you are on leave. C. We 0 will 0 will not do the same with other benefits (e.g., life insurance, disability insurance, etc.) while you are on FMLA leave. If we do pay your premiums for other benefits, when you return from leave you 0 will 0 will not pay your share of health insurance premiums while you are on leave. 6. You 0 will 0 will not be required to present a fitness-for-duty certificate prior to being restored to employment. If such certification is required but not received, your return to work may be delayed until certification is provided. 7. A. You 0 are 0 are not a key employee as described in of the FMLA regulations. If you are a key employee, restoration to employment may be denied following the FMLA leave on the grounds that such restoration will cause substantial and grievous economic injury to us. B. We 0 have 0 have not determined that restoring you to employment at the conclusion of the FMLA leave will cause substantial and grievous economic harm to us, (Explain (A) and/or (B) below. See S of the FMLA regulations.) 8. While on Leave, you 0 will 0 will not be required to furnish us with periodic reports every (indicate interval of periodic reports, as appropriate for the particular leave situation) of your status and intent to return to work (see S of the FMLA

20 DR A FT regulations). If the circumstances of your leave change and you are able to return to work earlier than the date indicated on the reverse side of this form, you El will. El wilt not be required to notify us at least two (2) work days prior to the date you intend to report for work. 9. You El wilt El witl not be required to furnish recertification relating to a serious health condition. (Explain below, if necessary. including the interval between certifications as prescribed in of the FMLA regulations.)