HR Focus
Spring 2009 -- Contents
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TMHRA Events - Future and Past
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Articles of Interest aka News You Should Use
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TMHRA archives HTML versions of previous newsletters.
| Spring 2007 | Fall 2007 | Winter 2008 |
| Spring 2008 | Summer 2008 | Fall 2008 |
| Winter 2009 |
PRESIDENT’S MESSAGE
Hello to all TMHRA members! Spring has sprung and is off to the races!! The bluebonnets and other wildflowers have been beautiful this year. Thank you, Lady Bird Johnson. I hope this message finds you all well and in good spirits. Lots of activities are going on all around the state. I am sure we are all still interpreting the amendments to the Family and Medical Leave and Americans with Disabilities Acts. TMHRA hopes to have policies and procedures for these amendments on the Web site and available to members soon.
The state legislative session is in full swing, with a record number of bills being introduced. Please take the time to visit www.capitol.state.tx.us and review legislation relevant to cities. TMHRA and TML are also providing a service to their members that tracks HR/city-related bills through the House and Senate. The TxPELRA Legislative Committee, coordinated by Board member Tadd Phillips, has done a yeoman’s job tracking and partnering with other groups speaking to HR-related bills believed to have negative implications for cities.
TMRS legislation, House Bill 360 and Senate Bill 908, have both passed their respective committees on pension legislation. TMRS continues to discuss with legislative members the importance of the passage of these bills.
I am looking forward to seeing many of you in San Antonio June 3–5, 2009, for the Mid-Year Conference: Riding the HR River to Success. The schedule of speakers and the topics look exciting, so make plans to attend.
Thus far, with all that is going on, this has proved to be an active year. The ride is not over—so ride the rapids, yell out, and make it a good one!
See you in San Antonio!
Bonita Hall, MPA, IPMA-CP, Director of Human Resources
City of Cleburne
TMHRA EVENTS - Future and Past
TMHRA Mid-Year Conference
Riding the HR River to Success
Holiday Inn Riverwalk
217 N. St. Mary’s, San Antonio, Texas
June 3-5, 2009
Come Early and Attend a
Pre-Conference Meeting
SurveyNavigator™ for TML--Salaries and Benefits on the Web
The River Walk is awaiting one of the greatest conferences to hit San Antonio. So grab your oar and Ride the HR River to Success. This conference will provide timely information to address the growing needs of human resources professionals, as well as any other professional charged with the task of providing guidance for a human resources department. As the need to optimize productivity while decreasing liability becomes more important, the types of information delivered through these seminars become increasingly more useful to those who are serious about maintaining effective organizations. This year, we are fortunate to have several well-known experts to address the following vital topics:
- FMLA and ADA Policy Update
- Extraordinary Leadership
- Communication and Influence Skills
- Compensation Strategies
- The Role of Human Resources in Lean Six Sigma
- Health Care Change in a Recession
CALENDAR
Employment Law
September 3-4, 2009
Moody Gardens, Galveston
TML Annual Conference
October 20-23, 2009
Fort Worth
TXPELRA and Civil Service Workshops
February 10-12, 2010
Crowne Plaza, San Antonio
TMHRA Nuts and Bolts
March 26, 2010
Marriott Austin North, Round Rock
TMHRA Mid-Year
May 26-28, 2010
DoubleTree Campbell Center, Dallas
Employment Law
September 14-16, 2010
Hilton Bella Harbor, Rockwall
TML Annual Conference
October 26-29, 2010
Corpus Christi
MARK YOUR CALENDARS NOW!!!
CONFERENCE HIGHLIGHTS
Nuts and Bolts of HR in the Public Sector
April 3, 2009
By Bonita Hall, MPA, IPMA-CP, Director of Human Resources
City of Cleburne
Nearly 100 individuals from around the state converged on the offices of the Texas Municipal League for Texas Municipal Human Resources Association’s (TMHRA) annual Nuts and Bolts of HR in the Public Sector. Lori Gillespie, attorney with TML-IRP, opened the meeting with an eye-opening session on the Family and Medical Leave Act (FMLA), the Americans with Disabilities Act (ADAAA), and Texas Workers Compensation (TWC). There have been many changes to the acts, and Lori did a great job explaining how they interact with one another, assisting the group in making sense of the whole alphabet soup of rules and regulations.
Angela North, attorney with Ogletree and Deakins, outlined various laws that are unique to HR in the public sector, including the U.S. Constitution, the Fair Labor Standards Act (FLSA), and the Texas Whistle Blower Act. She reminded us all that we retain certain constitutional rights as municipal employees and how that plays out in today’s work environment.
The issues of privacy and personnel records were aptly covered by Alan Bojorquez. Alan is an attorney with the Bovey and Bojorquez law firm. He did a great job keeping everyone awake after lunch by discussing and making interesting the ins and outs of public information and open records.
Ron Holifield, CEO of SGR Executive Search firm, followed with a lively presentation on successful interviewing and selection techniques. He engaged the group by “keeping it real” regarding the hiring process, particularly for higher profile candidates.
Paige Bublik of IPS Advisors of Dallas closed out the meeting with an in-depth discussion on COBRA and HIPAA and recent changes affecting employers.
TMHRA Sponsors
2008-2009 SPONSORS
TMHRA is grateful for the continued support of our 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
CIGNA Healthcare
Great-West Retirement Services
Holmes Murphy & Associates
ICMA Retirement Corporation
Lynn Pham & Ross, LLP
MetLife
PARS
PeopleAdmin, Inc.
Smith & Associates Consulting
Strategic Government Resources, Inc.
The Waters Consulting Group, Inc.
SILVER SPONSORS
IPS Advisors, Inc.
Nationwide Retirement Solutions
Texas Municipal Retirement System
The Standard - Standard Insurance Company
TML Intergovernmental Employee Benefits Pool
UMR (Formerly Fiserv Health)
BRONZE SPONSORS
Extend Health
Public Sector Personnel Consultants
TxPelra
United Healthcare
ARTICLES OF INTEREST aka NEWS YOU SHOULD BE AWARE OF
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 (January-March) are:
Mary Bishop, Director of Personnel, City of Jacksonville
Michael Blake, Chief of Police, City of Kyle
Teresa Bledsoe, Director of Human Resources, City of Round Rock
Johnna Boyd, Finance/Accounting Manager, City of Parker
Robert Brown, Chief of Police, City of Duncanville
Lynn Burnett, Administrative Assistant, City of Pasadena
Sonia Carnes, Deputy City Manager, City of Mission
Melissa Cranford, Assistant City Attorney, City of Irving
Ruth Ann Delaney, HR Coordinator, Capital Area Council of Governments
Sylvia De Leon, Sr. HR Generalist, City of Schertz
Ray De Los Santos, City Manager, City of Alice
Jimmy Don Dickerson, Assistant Fire Chief, City of Plano
Natalie Edwards, Human Resources, City of Woodway
Hugo R. Esparza, Fire Chief, City of Plano
Lee Ann Espinola, HR/Civil Service Director, City of Conroe
Susana Garcia-Gilmore, HR Director/Civil Service Director, City of Hewitt
Karen Gill, Assistant To Town Manager, City of Prosper
Maria L. Gonzales, HR Director, City of Brownsville
Margaret Hampton, Human Resource Analyst, City of Cleburne
Benita Harper, Assistant City Attorney, City of Fort Worth
Cindy Henry, Human Resource Director, City of Kennedale
Michael Hernandez, Deputy Fire Chief, City of Corpus Christi
Larry Hodge, Fire Chief, City of Round Rock
Holly Hodgson-Moyer, Compensation Consultant, City of Austin
Richard Hooks, Fire Chief, City of Corpus Christi
Julie Irvin, Human Resources Generalist, City of Bryan
Clint Ishmael, Fire Chief, City of Cleburne
Rodney Ivy, HR Director, City of Lufkin
Paula Jeans, Accounting/HR Manager, Texarkana Water Utilities
John David Johnston, Fire Chief, City of Waco
Elizabeth Jones, HR Technician, City of Georgetown
Paula, Lajara, Human Resource Director, City of Keene
Lisa Marley, Director of Human Resources, City of San Angelo
Opal Mauldin Robertson, Assistant City Manager, City of Lancaster
Jackie Maynard, Lieutenant, City of Bryan
Darlene McAndrew, Civil Service Director, City of Plano
Beth Mosley, Director of Admin Services, City of Midland
Noemi Munguia, Human Resources Director, City of Mission
Robby Neill, Director of Risk Management, City of Garland
Brenda Page, City Secretary, City of Smithville
Bernard Parks, Labor Relations, City of Austin
Randy Perry, Director of Human Resources, City of Pasadena
Gary Ratliff, Assistant Chief of Police, City of League City
Marcia Reyna, HR and Civil Service Director, City of Watauga
Steve Ross, Fire Chief, City of Amarillo
Oscar Salinas, Assistant HR Director, City of Brownsville
Veronica Sanchez, HR Manager, City of San Angelo
Jeff Schafer, HR Director, City of Corsicana
Carolyn M. Sanders, Assistant HR Director, City of College Station
Joshua Smith, Director of Human Resources, City of Marble Falls
Stacey D. Stagich, Administrative Coordinator. Civil Service, City of Plano
Connie Standridge, City Manager, City of Corsicana
Alan Storck, Assistant Fire Chief, Plano Fire Department
Dan Thompson, Assistant Chief, Plano Fire Department
Joe Torres, City Attorney, City of Alice
Tracey Tso, HR Generalist, City of Cedar Hill
Charlotte Walker, Human Resource Specialist, City of Belton
Richard G. Wilson, Deputy Chief, City of Waco
We appreciate your interest in helping TMHRA remain a tremendous professional resource throughout the State of Texas. Welcome to the TMHRA Team!
TMHRA E-Solutions
TMHRA E-Solutions is a list serve for members to use when you have questions or issues on which you would like to receive advice or feedback from your colleagues. TMHRA’s E-Solutions is a wonderful way to exchange information and learn what others are doing. If you are interested in joining E-Solutions, please contact Lonne Parent-Smith at 512-231-7452 or lparent@tml.org.
Remember that posts to the E-Solutions list are the opinions of the individuals making the post, not TMHRA.
Note:
As human resources professionals, at times we all could use refreshers for addressing various workplace matters. With the recent changes to the American with Disabilities Act, some of us are accountable to performance standards in the workplace. Please see the following link for information and guidance in applying Performance/Conduct Standards To Employees With Disabilities.
WE ARE WORKING FOR YOU….
Labor Relations Legislative Committee
The TMHRA Board is proud to present the newly created Labor Relations Legislative Committee. This committee’s goal is to represent the interests of the members of both TXPELRA and TMHRA by developing fair and reasonable legislation that prevents the imposing of federal collective bargaining on Texas cities by countering or preventing the passage of any negative or detrimental collective bargaining legislation. The committee consists of:
- Tadd Phillips, City of McKinney
- Miguel Ozuna, City of Cedar Park
- Richard Hodapp, City of Fort Worth
- Bettye Lynn, Lynn Pham & Ross, LLP, Fort Worth
- Jim Parrish, City of McKinney
- George Mones, City of Mesquite
- Lowell Denton, Denton, Navarro, Rocha & Bernal, PC, San Antonio
- Benita Harper, City of Fort Worth
- Teresa Special, City of San Angelo
- Bonita Hall, City of Cleburne
- Don Byrne, City of Odessa
Members of the Labor Relations Legislative Committee visited Austin on April 22, 2009, opposing HB 4123. Those present visited the offices of each legislator who serves on the House Urban Affairs Committee. Many of the staffers in those offices made comments indicating that they had been hearing of opposition to HB 4123 from various cities already.
The Urban Affairs Committee took up three different bills prescribing meet and confer for non-public safety employees in the cities of San Antonio, Dallas, and Austin. Many on the committee felt very strongly about these bills moving forward and chided any and all opponents.
The opponents of HB 4123 far outnumbered the proponents. Between folks there and those who had cards submitted on their behalf, we had around 25 individuals representing various cities opposed to the bill. The Labor Relations Legislative Committee members were successful in making the voices of municipalities heard on this item. Special thanks to those who took time to go to Austin and present their opposition eloquently and concisely to the committee.
TML Board Meeting Report
March 27, 2009
Austin
By George Mones, Director of Human Resources, City of Mesquite
It is my pleasure to represent TMHRA on the TML Board. Each TML affiliate organization has membership on the Board. Other Board positions are: 6 past presidents, 8 directors-at-large (elected officials), and 16 regional directors (elected officials).
The Board president, John Cook, mayor of El Paso, chairs the meeting. However, most of the reporting comes from Frank Sturzl, TML executive director.
The major issues presented are summarized below:
- Frank called attention to the Texas Town & City magazine, March ’09 edition, and the article titled “How Financial Assistance Is Practiced in Texas.” I recommend that all in HR read this article to better understand state and municipal financing. The main point is that Texas is unique because the state provides virtually no financial assistance to its cities. For instance, it is not at all uncommon for states to share state gasoline tax revenue with cities or to split other sources of state general revenue with municipal governments.
Texas cities pay the state $76.4 million annually to process municipal sales tax returns.
Texas cities pay $12.1 million annually to the Texas Commission on Environmental Quality. Cities pay $90 million annually to support the state highway system. Cities are foregoing another $53.75 million in municipal court imposed by the state that would otherwise go to cities. The total is $198 million just from these four sources of reverse intergovernmental aid.
It is not hard to understand why some state legislators are tempted to turn to cities to ask them to generate revenue for the state. It’s much harder to understand why some of those same legislators have been trying for several years to limit the revenue-generating capacity of cities by placing caps on the municipal property tax (DUH!....my own editorial comment). - Frank discussed the status of bills proposing 5 percent appraisal caps, revenue caps, eminent domain, annexation, political advertising, and collective bargaining.
On collective bargaining, TML’s position is that the three state bills proposed are premature. The legislature should not pass any state collective bargaining bill that anticipates compliance with federal collective bargaining until after it has become law. The Texas Legislature has two years from passage of federal collective bargaining to pass state legislation conforming to the federal law.
However, another tactic often used by TML to get legislators’ attention is to advise them of the effect a bill will have on state revenues. Yes, state troopers would also be covered by the proposed collective bargaining bills, and that would undoubtedly add cost to the state. Legislators listen when a bill affects state revenue. They find it much easier to spend other people’s money….like municipalities.
On the federal collective bargaining bill, Frank has been in close communication with the National League of Cities in D.C. on this issue. He predicts that when this bill eventually becomes law, suits will be filed by cities testing the constitutionality of such law.
Effective Background Investigations
By Ron Holifield
Effective background investigations have four major components: basic background search, phone reference checks, online media search, and supplemental background searches.
Basic background searches provide the foundation you should use for ALL employees. A basic search starts with a social security and past address history report. This provides an integrity check to ensure that people are who they say they are, and that they were actually in the locations their resume says. A criminal search on each county in which the candidate has lived and worked, a state and national sex offender search, and a statewide criminal search are basic. Many cities use DPS, but relying only on DPS may expose you to negligent hiring claims due to its incomplete nature. You should pay less than $15 for all of these checks combined.
Phone reference checks can be highly valuable… or worthless. Having an inexperienced interviewer call the references provided by the candidate will yield unreliable information. The key is proper preparation of the person doing the calling, training them to notice what is being said when it is not being said, and being trained to know how to appropriately follow up to such. For management level personnel, ask the candidate for a 360 list… at least two supervisors, four peers, four employees, and four people who have worked with them in the community. It can also be helpful to ask candidates to provide their two greatest fans and their two greatest critics. Look for patterns, not isolated opinions.
Online media searches can be valuable, particularly for high profile positions. These can help you understand the full context of issues identified in reference checks, as well as help you devise questions based on issues they may or may not have shared. An employee who is adept at using the Internet should do these searches. But do not place undue significance on Internet items. In today’s world, anyone, but especially public servants, can have irresponsible things said about them in blogs and elsewhere. Do not accept what you find on the Internet as definitive, but use it as a source for prompting key questions and for understanding a fuller context of the situations and circumstances the candidates have been operating in.
Supplemental background checks are important for selected positions and circumstances. These range from the more routine—such as job history, degree, and driving checks—to ones that are standard but typically only used for specific positions, such as credit checks. For certain positions, it can also be wise to do checks on homeland security, national criminal, nationwide wants and warrants, and 911 searches.
You should conduct background searches to manage five specific kinds of risk: financial risk (someone who will steal from you), legal risk (negligent hiring claims for misdeeds), public safety risk (a sex offender who re-offends), performance risk (a poor employee), and political risk (a finance director arrested for embezzlement). Effective background searches recognize that one size does NOT fit all… each search must be customized for specific needs based on specific risk exposure.
Ron Holifield is CEO of SGR Executive Search. He can be reached at Ron@GovernmentResource.com.
The American Recovery and Reinvestment Act Impacts Human Resources
By now, you likely have heard about the COBRA subsidy that was included in the massive $787 billion stimulus package, the American Recovery and Reinvestment Act. The Act allows qualified beneficiaries who are eligible for COBRA because of an involuntary termination to pay only 35 percent of the cost of the COBRA coverage. The other 65 percent of the plan cost will be paid by the federal government.
(COBRA is the federal law that requires employers who maintain group health plans and have 20 or more employees to offer continuing health insurance coverage to employees and their qualified beneficiaries who lose coverage as a result of certain qualifying events, including the termination of employment for reasons other than gross misconduct. Normally, employees and their qualified beneficiaries who elect COBRA continuation coverage are responsible for the entire cost of the plan.)
But there’s a catch for employers. You must pay for the government’s portion of the coverage up front and then claim a credit for it on your payroll tax filing (Form 941). And the coverage applies retroactively to all employees involuntarily terminated from September 1, 2008, to February 16, 2009 (the day before the subsidy was enacted), and to their qualified beneficiaries, even if they did not elect COBRA coverage when it was offered to them. So that means you have to track down employees and beneficiaries you may not have had contact with for months.
Fortunately, it appears that the Department of Labor (DOL) and the Internal Revenue Service (IRS) are beginning to provide some guidance on how to apply this new subsidy. (The two agencies are involved since COBRA is both a benefits provision implemented by the DOL’s Employee Benefits Security Administration and a tax provision governed by the IRS.) Below is a summary of the subsidy’s requirements in question-and-answer format, including new resources from the DOL and IRS:
1. What employers are covered?
This COBRA subsidy applies to most employers, since it covers all employers who maintain a group health plan covered by COBRA, as well as employers subject to state laws requiring comparable COBRA-type coverage.
2. When does the subsidy take effect?
The subsidy provision took effect when the stimulus bill was signed into law, on February 17, 2009. However, employers have a grace period of two full COBRA billing cycles after the effective date to implement the law. Accordingly, assistance eligible individuals (see definition below) who elected and paid for COBRA after February 17, 2009, will be entitled to a refund or a credit for future premium payments.
3. Who is eligible for the subsidy?
Employees and covered dependents who are (or were) covered under a group medical plan and who lose (or lost) coverage because the employee’s employment ended due to an involuntary termination between September 1, 2008, and December 31, 2009, are eligible to receive this COBRA subsidy. The law refers to these eligible individuals as “assistance eligible individuals.”
There is a phase out for the subsidy based on employee income. Employees whose adjusted gross income (AGI) is between $125,000 and $145,000 ($250,000 to $290,000 for married couples filing jointly) will see a declining subsidy. Those employees whose AGIs are above $145,000 for single filers and married filing separately and $290,000 for joint filers will not receive any subsidy.
Further, employees and their eligible dependents who suffered a loss of coverage due to an involuntary termination between September 1, 2008, and February 16, 2009 (the day before the subsidy was enacted), do not need to have elected COBRA to be eligible for the subsidy. These individuals get another chance to elect COBRA coverage and receive the subsidy even if they rejected COBRA previously or dropped out of COBRA, for example for nonpayment.
Note that although the subsidy appeared to be aimed at employees and beneficiaries who lose health care coverage because of a layoff, the term “involuntary termination” is not defined in the statute, so any involuntary termination is covered. Accordingly, employees who are terminated for poor performance, attendance problems, and other reasons also will enjoy this new subsidy. Employees who are terminated for gross misconduct, however, are not covered, since a termination for gross misconduct is not a qualifying event under COBRA.
4. What does the subsidy cover?
The subsidy is equal to 65 percent of the monthly COBRA premium for the qualified beneficiary for up to 9 months. The subsidy applies to medical, dental, and vision benefits. It does not apply to medical flexible reimbursement accounts. Employees and other qualified beneficiaries are required to pay the other 35 percent of the premium.
5. How long does the COBRA subsidy last?
Generally, a qualified beneficiary is entitled to up to nine months of the subsidy. However, if the qualified beneficiary becomes eligible for Medicare or group coverage under another plan before the nine months have expired, then the subsidy no longer applies. It is the beneficiary’s responsibility to notify the employer when this occurs.
6. How do employers recoup the 65 percent premium paid up front for the COBRA subsidy?
According to recent guidance issued by the IRS, “COBRA: Answers for Employers,” employers can claim a credit on their quarterly tax filings, Form 941, which has been recently updated to include new sections addressing the subsidy. The guidance is available online at http://www.irs.gov/newsroom/article/0,,id=204708,00.html, and the new Form 941 is available online at http://www.irs.gov/pub/irs-pdf/f941.pdf.
7. What notices must be provided to employees and qualified beneficiaries?
By April 18, 2009 (60 days after the February 17, 2009, enactment date), you are required to notify affected former employees and their eligible dependents that they have a right to elect COBRA and receive this governmental subsidy. In addition to the regular COBRA notice, a supplemental notice should be given to affected individuals to provide additional information including, for example, information about the individual’s right to the subsidy and the conditions on the subsidy, a description of the obligation of the individual to notify the employer of eligibility under another group health plan or Medicare, and the penalty for failure to provide this notification.
The DOL was required to provide a sample notice by March 19, 2009. The DOL has provided some information on its Web site about the new COBRA subsidy at http://www.dol.gov/ebsa/COBRA.html.
More Questions Still Need Answers
Clearly, there will still be many more questions that need to be answered to help employers implement the COBRA subsidy. Most HR and legal experts are predicting that the IRS and the DOL will issue additional guidance to help employers.
Reprinted with permission from HR Matters E-Tips, copyright Personnel Policy Service, Inc., Louisville, KY, all rights reserved, the HR Policy and Employment Law Compliance Experts for over 30 years, 1-800-437-3735. Personnel Policy Service markets group legal service benefits and publishes HR information products, including the free weekly electronic newsletter, HR Matters E-Tips (www.ppspublishers.com/hrmetips.htm). This article is not intended as legal advice. Readers are encouraged to seek appropriate legal or other professional advice.
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 2008-2009 Newsletter Committee Chair is:
Shante’ R. Jordan, MPA, IPMA-CP
Human Resources Manager
City of Rowlett, P.O. Box 99, Rowlett, TX 75030-0099
phone: 972-463-3969; fax: 972-412-6183; e-mail: sjordan@ci.rowlett.tx.us