HR Focus
Spring 2011
TMHRA archives HTML versions of previous newsletters.
| Winter 2009 | Spring 2009 | Summer/Fall 2009 |
| Winter/Spring 2010 | Summer 2010 | Fall 2010 |
| Winter 2011 |
PRESIDENT’S MESSAGE
“My, how we’ve grown!” and “Doesn’t time fly?” were two thoughts running through my mind as I stood before the opening session of the TMHRA Annual Conference at Moody Gardens on May 25. Neither are very original thoughts, but they’re apropos, nevertheless.
Just a few weeks earlier, at our Brenham City Council meeting, I had received a watch recognizing 25 years of service. When most of us are confronted with a significant milestone, disbelief comes rushing to the fore. I know I’ve been busy, and I can see what’s been accomplished, but where did the time go? Looking out over the conference gathering at Moody Gardens, I was certainly struck by how much our organization has grown. When I attended my first TMHRA conference, our organization was called Texas Municipal Personnel Association (now TMPA is another organization entirely), and the conference that year was held at the San Luis and called “Mid-Year.” There might have been slightly more than thirty persons there, and we could fit in a small meeting room. And we could afford to have a conference at the San Luis! Our attendance at the 2011 Annual Conference was more than 200, and we’re hoping for an even larger group when we meet in Austin in 2012. And I believe TMHRA has also grown professionally during the past 25 years. While there is always room for improvement, the survey results from conference participants confirm that quality programming is being provided.
During the legislative session just closed, TMHRA membership was well represented before several committee hearings on a number of issues—primarily TMRS fund restructuring and COLA bills, and collective bargaining/civil service bills. Legislative updates were provided each week of the session so our membership could easily track bills of interest to their cities. Tadd Phillips and the Legislative Committee provided guidance and issued alerts for employee relations bills, and Barry Robinson kept us on top of the TMRS bills, especially the COLA legislation. Our thanks to them and all of you who took the time to contact your representative and senator or traveled to Austin to testify.
As always, an update of bills passed during the 82nd Texas Legislature will be presented at the Employment Law Seminar.
Some upcoming events include:
- 2011-2012 Board Elections—Ballots were e-mailed to the voting membership on July 26, with the election closing on August 25. Biographies are available on the TMHRA Web site.
- Employment Law Seminar—September 1-2 at the Crowne Plaza Riverwalk in San Antonio (see “Calendar” tab at www.tmhra.org)
Please take advantage of all that membership in TMHRA has to offer: networking via e-mail and TMHRA e-Solutions, ADA and FMLA Toolkits, sample personnel policies, legislative updates and alerts, professional growth through seminars and workshops, and many other opportunities.
Janie Mehrens
TMHRA President
Upcoming Events
The workshop is filling up! |
If not, don't panic! |
Why are TMHRA events so successful?
- Because TMHRA provides information that is timely and applicable to cities such as yours.
- Because TMHRA values and uses the input provided by you, the attendee, on evaluation forms.
- Because TMHRA believes strongly in the power of networking and education and how they can impact the profession and bring value to cities.
Visit TMHRA Employment Law Seminar TODAY to register!
SPEAKER MATERIALS
To lower costs and wasted paper, TMHRA does not provide handouts for speaker papers or printed materials of any kind. Instead, all speaker papers will be posted on the TMHRA Web site at www.tmhra.org under “Speaker Materials” for attendees to download in advance, if they so desire. No written materials will be provided at the seminar.
If you have questions, you may contact TML staff at 512-231-7400 or tmhra@tml.org.
| SEMINARS | DATE | LOCATION |
| Employment Law | September 1-2 | Crowne Plaza Hotel San Antonio |
| TML Annual Conference | October 11-14 | Houston |
| SEMINARS | DATE | LOCATION |
| TXPELRA/Civil Service | February 29-March 2 | Moody Gardens Galveston |
If you have questions, you may contact TML staff at 512-231-7400 or tmhra@tml.org.
WELCOME, NEW MEMBERS
INTRODUCING...New Members to TMHRA
TMHRA will provide you with opportunities to participate in planning educational sessions and all the other activities sponsored by our organization. As a member, you will also have access to TMHRA e-Solutions—a great way to get advice or feedback from your colleagues.
The following human resource professionals have chosen to join our great organization, and the Board has unanimously approved their applications. Our newest members are:
Constance Acosta, Associate Attorney, Ross Banks May Cron & Cavin, PC, Houston
Clifton Beck, Director of Human Resources, City of Odessa
Angela Cantu, City Secretary-Treasurer, City of LaVernia
Eva Castillo, HR Specialist, City of League City
Charleen Dowell, City Administrator, City of Moody
Sheayla Duffey, Human Resources, City of Lacy Lakeview
Lara Feagins, Director of Finance and Human Resources, City of Elgin
Art Franco, Mayor, Town of Anthony
Pam Gibson, Human Resources Director, City of Corsicana
Betty Harrell, City Secretary/Human Resources, City of Krum
Jana Henderson, City Secretary, City of Robinson
Lynda Johnson, Human Resources Director/Chief Performance Officer, City of Irving
Joni Jones, Human Resources Supervisor, City of San Marcos
Lisa Meador, Human Resources Director, City of Socorro
Yvette Menard, Human Resources, City of Woodway
Misty Montoya, Human Resources Assistant, City of Socorro
Julie O'Connell, Director of Human Resources, City of New Braunfels
Iisha Patterson, HR Manager, City of League City
Sonya Rangel, SR Accountant and Human Resources Assistant, City of Elgin
Carina Reason, Human Resources Generalist - Risk Management, City of Georgetown
Sandra Scarborough, Human Resources Generalist, Town of Flower Mound
Terene Sudds, Human Resources Administrator, City of Pasadena
Brenda Vega, Training and Employee Development Manager, City of Garland
Misti Wilcox, Human Resources Director, City of Canyon
We appreciate your interest in helping TMHRA remain a tremendous professional resource throughout the State of Texas.
Welcome to the TMHRA team!
TMHRA Sponsors
2011-2012 SPONSORS
TMHRA is grateful for the continued support of its sponsors. The sponsorships allow us to keep all events reasonably priced and affordable for all members. Thank you to the following sponsors for their support and contributions throughout the year:
GOLD SPONSORS
Extend Health, Inc.
Holmes Murphy & Associates
ICMA Retirement Corporation
Lynn Pham & Ross, LLP
Nationwide Retirement Solutions
UnitedHealthcare
SILVER SPONSORS
Denton Navarro Rocha & Bernal, P.C.
IPS Advisors, Inc.
MCC Innovations
MetLife
NEOGOV
PARS
PeopleAdmin, Inc.
The Waters Consulting Group, Inc.
TML Intergovernmental Employees Benefit Pool
Texas Municipal Retirement System
BRONZE SPONSORS
Aetna
ARTICLES OF INTEREST aka NEWS YOU SHOULD BE AWARE OF
TMRS NEWS
Actuarial Valuation Available
The TMRS Actuarial Valuation as of December 31, 2010, is now available on the TMRS Web site. The valuation contains information about city rates for the year beginning January 1, 2012. This year’s valuation includes the effects of the TMRS fund restructuring enacted by S.B. 350, as well as changes in actuarial assumptions made under a plan experience study.
TMRS will also be sponsoring funding workshops in July and August and the Annual Training Seminar in August to provide information and assistance to cities. Go to tmrs.org for more information.
TMRS City Portal
The City Portal gives city-designated users online access to their city and employee data. Through the City Portal (accessed through a secure Web URL), users are able to generate reports, run estimates for members, and submit payroll data via TMRS’ FTP site. Authorized users can also view member account balances and service credit totals.
The City Portal may be accessed by authorized users designated by each city, and each city must choose one City Portal administrator. Before cities may use the system, City Portal administrators must receive training to ensure that the city’s other designated users understand how to navigate the Portal, what information may be accessed, and the importance of safeguarding member confidentiality. TMRS conducts City Portal administrator training at TMRS-sponsored training events, such as the Annual Training Seminar and via online training. If you wish to sign up for online training, please contact LaShelle Ruiz.
NEWS FROM AUDREY:
Tool Time – Go to www.uscis.gov/portal/site/uscis and click on “I-9 Central” in the top right corner of the homepage, to find one-stop shopping for all your I-9 related questions and forms. And employees may enjoy the U.S. Department of Labor’s (DOL) free Smartphone app for keeping personal copies of time records. The iPhone or iPod Touch app, in English or Spanish, was announced on May 9, and the press release states that these records “could prove invaluable during a Wage and Hour Division investigation when an employer has failed to maintain accurate employment records.” Employees without an iPhone/iPod can get the timesheet off the DOL Web site and track their hours worked the old-fashioned way. The timesheet app handles straight time and overtime but does not track tips, commissions, bonuses, deductions, shift differentials, holiday pay, pay for weekends, or pay for regular days of rest. Also, since overtime is based on 1.5 times the “regular rate” (assuming there is no more generous state overtime rule that applies) and the regular rate is based on those additional forms of pay, it seems like the overtime calculator is not very robust.
That’s Scary – An appeals court found no Title VII retaliation when a guidance counselor who had filed two EEOC charges was not re-hired after a lay-off. This analysis always turns on the employers “legitimate business reason,” and they had a good one. The employee had been “threatening in her behavior and was making questionable statements about the school system and its employees”…statements like she “felt like blowing up the school,” as told to her therapist and then relayed to local authorities. Lyons v. Metropolitan Government of Nashville and Davidson County (6th Cir. 5-11). In a related affirmation of common sense, a California court held that an employer need not tolerate or accommodate an employee’s outbursts and threats of violence toward co-workers, even if caused by a bipolar disorder. Wills v. Superior Court of Orange County (Cal Ct.App. 5-11).
Socially Responsible? – Employers, take note that the National Labor Relations Board is very interested in how you react to employees using social networking media to flame each other, your organization, and third parties. Two cases with different outcomes provide some insight on where to draw the line. In Lee Enterprises d/b/a Arizona Daily Star, a crime reporter was warned by his employer to cease his inappropriate and pro-violence Tweets (for example, “What!?!?!? No overnight homicide? WTF? You’re slacking Tucson”). Termination of employment ensued when he did not stop after being warned. The Board hinted that some of the employer’s comments may have impinged on Section 7 rights, but concluded that the termination was based on violation of policy and disregard of warnings and said “it would not effectuate the purposes and policies of the [statute] to issue a complaint where the [employers] statements were directed at a single employee who was lawfully discharged.” In contrast, the Board issued an unfair labor practice complaint to a New York nonprofit agency (Hispanics United of Buffalo), alleging it had violated Section 7 by discharging five employees who complained about their working conditions (e.g., workload, staffing) via Facebook posts to one another. If not settled earlier, the hearing was scheduled to be held on June 22. While both cases involved employee rants, the former involved verbal bombs thrown at nonemployees, while the latter was mostly internal. Section 7 of the National Labor Relations Act protects employees who engage in concerted activity about their terms and conditions of employment, for mutual aid and protection. If you’re not sure which side of the fence your brat is on, get some guidance before sending him or her to the ultimate time-out of unemployment.
Unpaid Workers – Summertime means an uptick in students, recent grads, and others looking for work. In this tight economy, some will even offer to work for free if you’ll just give them a chance to show what they’ve got. Tempting, but don’t forget unpaid volunteers and interns are often a no-no under the federal Fair Labor Standards Act. If you’ve forgotten the six-point test to qualify as an unpaid intern, check out the Wage and Hour Division Fact Sheet on this subject at www.dol.gov/whd/regs/compliance/whdfs71.pdf.
Hot Workers – Although not every state has a statute like California, which requires employers to provide breaks with shade and cool water for those who work outside in the heat, you can prevent heat-related illness and earn a boatload of goodwill by providing these things.
The Other Kind of Hot Workers – Summer brings out skimpy clothes that may be more suited to the beach than your workplace, so you may need to revisit your dress code and remind workers that short, sheer, and shameless displays of flesh will result in a directive to go home to change and not return to work until suitably clothed.
Weather – Recent devastation in Joplin, Missouri, and other locations is a reminder to have an emergency evacuation plan in place and to practice that plan before the tornado is on your doorstep.
These tidbits have been provided by Audrey E. Mross, Labor and Employment Attorney
Audrey E. Mross, Labor and Employment Attorney, Munck Butrus Carter P.C., Dallas, TX 75251, www.munckbutrus.com, 972-628-3661(direct), 972-628-3616 (fax), 214-868-3033 (cell), amross@munckcarter.com
TEXAS MUNICIPAL HUMAN RESOURCES ASSOCIATION PROFESSIONAL AWARDS PROGRAM
The Texas Municipal Human Resources Association recognized human resource professionals at its annual conference in May at the Moody Gardens Hotel in Galveston. The Awards Ceremony was held during the conference on May 26 at lunch. The TMHRA professional Awards Program recognizes and honors outstanding individuals and organizations that have made significant contributions to municipal human resources in Texas. Award winners for this year include the following:
- Human Resources Management Professional of the Year – Jim Parrish, Deputy City Manager, City of McKinney
- Innovation in Municipal Human Resources Management (Organization) – City of Richardson
- Rising Star Award – Baby Raley, Human Resources Manager, City of Farmers Branch
- Lifetime Achievement Award – Bettye Lynn, Partner, Lynn Pham & Ross, LLP, Fort Worth
RECAP OF THE 2011 TMHRA ANNUAL CONFERENCE – MAY 25-27, 2011
This year’s conference was held at the Moody Gardens Hotel in Galveston. The conference kicked off on Wednesday with keynote speaker Amy Castro, president of Innovation Communication and Training Solutions. Ms. Castro engaged the audience in a discussion of the various methods of communication used in organizations today. She provided examples of situations where one type of communication might be more effective than others. It was a great reminder that we too often forget the importance of the delivery of the message in ensuring that the communication is successful.
Julian Fontana, senior account executive with the Texas Municipal League Intergovernmental Employee Benefits Pool, provided an update on the status of health care reform. He informed the participants about an agreement reached with Senate Democrats, which almost guarantees a debate and vote on legislation that would repeal President Obama’s government takeover of health care in its entirety. He opined that the agreement would generate new tools for the fight to repeal the legislation and require numerous studies that will force the administration to reveal the true impact of the law’s mandates, including a study of how individuals and families will see increased premiums as a result of mandates.
His presentation was followed by a discussion of the changing world of ethics by Ron Holifield, CEO of Strategic Government Resources. Ron engaged the audience in a discussion of ethics versus core values, emphasizing 18 trends that are creating a changing world of ethics in local government. We ended the day with a meet and mingle reception where we had the opportunity to network and share with other human resource professionals from across Texas.
Thursday’s session kicked off with a TMRS Update led by Anthony Mills, regional manager of TMRS. Anthony informed the group that the 2010 year‐end return was 9.08 percent. He reminded the group that members’ accounts were credited with 5 percent as required under the TMRS Act. The cities’ accounts were credited with 7.5-percent interest in keeping with TMRS’ Board policy. He said that the remainder would be held in reserve to mitigate volatility in future contribution rates. Anthony also took the opportunity to explain the pending legislation in the 82nd Legislature. TMRS was supporting the passage of S.B. 350, which would enable the restructuring of TMRS’ three main internal accounts into a single fund. This restructuring of the funds would reduce the volatility of the fund and increase the funded ratio to 82.4 percent, lowering participating city contributions rates on a weighted average of 2.63 percent.
The TMRS presentation was followed by a discussion titled “Fair Labor Standards Act: Are You Paying Your Employees Correctly?” by the City of Austin’s Meghan Riley, assistant city attorney, and Laura Maloy, compensation manager. They presented an overview of the Act, covering all aspects of the law ranging from the misclassification of employees to the police and fire exemptions from the Act. It was a great refresher on the proper payment of employees while traveling, on lunch breaks, and on-call.
Lunch then followed, which included the presentation of the 2010-2011 awards during the Awards Ceremony. There was an especially touching moment when Bettye Lynn was given the Charlie Shappard Lifetime Achievement Award. Martha Butz, director of human resources for the City of Highland Village, served as the moderator of the Awards Ceremony, and she shared quotes from long-time friends and colleagues of Bettye’s. It was a wonderful tribute to Bettye and a way for the many TMHRA members to express to Bettye their thanks for her contributions to TMHRA and to all human resource professionals in Texas.
The afternoon session began with Sheila Gladstone, principal attorney at Lloyd Gosselink Rochelle & Townsend, P.C. in Austin. She discussed a wealth of information about the use of social media. However, she reminded the group of the potential liability for employers that accompanies the use of social media. She provided the group with information on the current best practices and recent employment law issues related to this hot topic.
The afternoon ended with conference attendees having the choice between two concurrent sessions. George Hyde, attorney with Denton Navarro Rocha & Bernal, discussed the steps to take when investigating an unlawful harassment claim. Case studies were used to help guide the participants through the process of investigating a claim, acknowledging the hurdles along the way. The other session was presented by T. L. Cox, director of e-Solutions and senior consultant at Waters Consulting Group. He discussed the recent economic downturn and how the recovery is affecting earnings. T.L. provided his insights on what the future holds related to compensation strategies.
Thursday evening ended with a fun-filled Luau Party sponsored by Holmes Murphy, Extend Health, ICMA-RC. The group enjoyed live music, great entertainment, cocktails, and great food.
Friday morning began with the TMHRA Business Meeting, where TMHRA President Elect Debbie Maynor, director of human resources for the City of Killeen, called for the nomination of officers for the 2011-12 TMRHA Board. Voting members were advised they would receive an electronic ballot soon, and all members were encouraged to vote. Tadd Phillips, director of human resources at the City of McKinney, presented the financial report, which showed $170,955.97 total net assets and liabilities for TMHRA.
The first session on Friday morning featured Darrell Wells, director of risk management for the City of Odessa, and George Mones, director of human resources for the City of Mesquite. Both shared strategies that their respective cities had utilized to reduce health insurance costs.
Finally, the group was both entertained and educated by Bettye Lynn, Partner of Lynn Pham & Ross, who provided a state and national legal update. She reviewed the latest decisions from the Supreme Court and the record number of EEOC charges. Bettye gave all of us reason to return home and review our ADA and FMLA policies to ensure that we have incorporated the newest regulations.
NEWSLETTER INPUT NEEDED!!!
This is YOUR newsletter, and we want to ensure that it provides you with a valuable source of information from TMHRA. If you have any ideas, articles, or information you would like to see included in future newsletters, please submit them to the Newsletter Committee. The 2010-2011 Newsletter Committee Chair is:
Melinda Galler
Human Resource Director
City of Lewisville
PO Box 299002
Lewisville, TX 75029-9002
972-219-3452 phone
972-219-5005 fax
mgaller@cityoflewisville.com
BOARD OF DIRECTORS FOR 2010-2011
PRESIDENT
Jane Mehrens
Human Resources/Risk Manager
City of Brenham
P.O. Box 1059
Brenham, TX 77834-1059
979-337-7511 phone
979-337-7517 fax
jmehrens@ci.brenham.tx.us
VICE PRESIDENT
Debbie L. Maynor
Nominating Committee Chair
Human Resources Director
City of Killeen
P.O. Box 1329
Killeen, TX 76540-1329
254-501-7834 phone
254-501-7780 fax
dmaynor@ci.killeen.tx.us
SECRETARY/TREASURER
Tadd Phillips
Legislative Chair
Director of Human Resources
City of McKinney
P.O. Box 517
McKinney, TX 75070
972-547-7568 phone
972-547-2608 fax
tphillips@mckinneytexas.org
TRUSTEE
Martha Butz
Technology Committee
Director of Human Resources
City of Highland Village
1000 Highland Village Rd
Highland Village, TX 75077-6744
972-899-5087 phone
972-996-2178 fax
mbutz@highlandvillage.org
TRUSTEE
Melinda Galler
New Member and Newsletter Chair
Human Resource Director
City of Lewisville
PO Box 299002
Lewisville, TX 75029-9002
972-219-3452 phone
972-219-5005 fax
mgaller@cityoflewisville.com
TRUSTEE
Ronnie C. Kidd
Managing Director for Administration
City of Abilene
555 Walnut Street, Room 101
Abilene, TX 76901-5254
325-676-6469 phone
325-676-6212 fax
ronnie.kidd@abilenetx.com
TRUSTEE
Vacant
TxPELRA/Civil Service Committee
TRUSTEE
Shante' R. Jordan, MPA, IPMA-CP
Sponsorship Chair
Human Resources Manager
City of Rowlett
4002 Main Street
Rowlett, TX 75088
972-463-3969 phone
972-412-6183 fax
sjordan@rowlett.com
TRUSTEE
Miguel Ozuna
Program Chair
Director Of Human Resources
City of Cedar Park
600 N Bell Blvd
Cedar Park, TX 78613-2216
512-401-5254 phone
512-401-5255 fax
miguel.ozuna@cedarparktx.us
TML BOARD REPRESENTATIVE
Bonita J. Hall, MPA, IPMA-CP
Director of Human Resources and Safety Management
City of Pearland
3519 Liberty Dr
Pearland, TX 77581-5416
281-652-1656 phone
281-652-1719 fax
bhall@ci.pearland.tx.us
PAST PRESIDENT
Don Byrne, PHR, IPMA-CP
Director of Human Resources
City of Odessa
P.O. Box 13194
Odessa, TX 79768-3194
432-335-4158 phone
432-335-3269 fax
dbyrne@ci.odessa.tx.us