HR Focus
Winter 2011
TMHRA archives HTML versions of previous newsletters.
| Winter 2009 | Spring 2009 | Summer/Fall 2009 |
| Winter/Spring 2010 | Summer 2010 | Fall 2010 |
PAST PRESIDENT’S MESSAGE
If you didn’t have your Inclement Weather/Emergency Closing policy in place this winter, I’m sure you’ve been busy working on one to cover the next weather event to hit your area. Although snow and sleet may be behind us—at least those of us south of Waco—tornadoes and hurricanes will soon be part of the weather forecast in many areas. (Hint: If you need to develop a closing policy, check the sample policies available at www.tmhra.org or check with your colleagues through TMHRA e-Solutions, a network of fellow HR professionals. Contact Lonne Parent-Smith at lparent@tml.org for instruction to enroll.) Although attendance was less than anticipated, due to the weather and the fact that the hotel may have been suffering a post-Super Bowl letdown, the TxPELRA/Civil Service Conferences held February 9-11 at the Crowne Plaza Hotel in Dallas provided a multitude of sessions to enhance our ability to deal with the realities of collective bargaining and civil service issues. Speaker materials are available for downloading on the TMHRA Web site, so please take advantage of that opportunity if you weren’t able to attend the conferences.
In an effort to “go green,” TMHRA will put all speaker materials on the TMHRA Web site under “Speaker Materials” for participants to download in advance of conferences. Since most conference venues have wireless Internet access in hotel and meeting rooms, materials can be downloaded on site for use during the presentation.
Registration and program information will be coming out soon for the TMHRA Annual Conference on May 25-27 at Moody Gardens Hotel in Galveston. Since the 82nd Texas Legislature is scheduled to end on Monday, May 30, we will be receiving up-to-the-minute information during the conference on bills critical to HR.
To follow bills of particular interest to HR, be sure to utilize the TMHRA Legislative Report on our Web site. A summary report is filed each week with links directly to full bill information on Texas Legislature Online. In the event input is needed from TMHRA members on a certain bill, alerts will be generated by the TMHRA Legislative Committee, chaired by Tadd Phillips of McKinney. As you are able, please respond to requests from the Legislative Committee to provide testimony, contact legislators, or provide information.
As a final item, I’m both happy and sad to announce a change in the TMHRA Board membership. In late January, Lidia Gonzales tendered her resignation from the Board due to her impending retirement after more than 33 years of service with the City of Brownsville. Lidia was named TMHRA Professional of the Year in 2010, and while we are certainly sad that she is leaving us, we wish her the happiest of retirements. And I’m happy to report that Ronnie Kidd, the City of Abilene Managing Director for Administration, has accepted the appointment to the Board to fill the unexpired term created by Lidia’s resignation.
Janie Mehrens
TMHRA President
Upcoming Events
Nuts and Bolts of HR in the Public Sector: Discovering the Fundamentals
April 1, 2011
Austin Marriott North at Round Rock Hotel
2600 La Frontera Boulevard
Round Rock
BENEFITS OF ATTENDING
The Nuts and Bolts Seminar, presented by TMHRA, features speakers from various specialty areas of human resources management. This seminar has a practical format in the interest of human resources professionals who are relatively new to the field or interested in a refresher on particular subjects. The sessions are geared toward a sharing of information by the speakers and encourage interaction through questions from the seminar attendees. The goal of this seminar is to provide a variety of practical information that attendees will be able to take back to their respective organizations and use as reference tools in the implementation and maintenance of successful human resources programs.
SEMINAR MATERIALS
To lower costs and wasted paper, TMHRA will no longer provide handouts for speaker papers or printed materials of any kind. Instead, TMHRA will put all speaker papers on the TMHRA Web site at www.tmhra.org under "Seminar Materials" for attendees to download in advance, if they so desire. No written materials will be provided at the seminar location.
2011
| SEMINARS | DATE | LOCATION |
| TMHRA Annual Conference | May 25-27 | Moody Gardens Hotel, Galveston |
| Employment Law | August 31-September 2 | Crowne Plaza Hotel, San Antonio |
| TML Annual Conference | October 11-14 | Houston |
If you have questions, you may contact TML staff at 512-231-7400 or tmhra@tml.org.
MARK YOUR CALENDARS NOW!!!
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 and February) are:
Cindy Arce-Shaddix, Claims Supervisor, Texas Municipal League-Intergovernmental Risk Pool
Judith Benton, Assistant City Attorney, City of Waco
Joyce Bice, Human Resources Specialist, City of Seabrook
Melanie Caballero, Human Resources Director, Mid-South Synergy
Dan Dible, City Manager, City of Tulia
Alfredo Gallegos, City Manager, City of Crystal City
Chrissie Giles, Human Resources Coordinator, Denton County FWSD 1-A
Leah Hayes, City Attorney, City of Waco
Barbara Koehrer, Benefits Specialist, Town of Addison
Alice Leonard, Human Resources Specialist, Wells Branch MUD
JoAnn London, City Secretary, City of Waller
Brenda Marino, Accounting Technician, City of Waller
Carolyn C. Marshall, Human Resources /Risk Administrator, City of Euless
Emily Melancon, Human Resources Director, City of Nederland
Wanda Miori-North, Human Resources Generalist, City of Victoria
Pamela B. Pyeatt, Human Resources Clerk, City of Gilmer
Teresa Ramirez, Finance Director, City of Crystal City
Diana Salas, Payroll Coordinator/Civil Service Director, City of Edinburg
Albert T. Thigpen, Director of Human Resources, City of Port Arthur
Brenda Uhlenhopp, Finance Officer, City of Winnsboro
Nona Vogel, Assistant Director of Human Resources, City of Seguin
Vicki Watson, Payroll/Benefits, City of Vidor
We appreciate your interest in helping TMHRA remain a tremendous professional resource throughout the State of Texas.
Welcome to the TMHRA team!
TMHRA Sponsors
2010-2011 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
CIGNA HealthCare
CPS Human Resource Services
Holmes Murphy & Associates
ICMA Retirement Corporation
IPS Advisors, Inc.
Lynn Pham & Ross, LLP
Nationwide Retirement Solutions
Strategic Government Resources
United HealthCare
SILVER SPONSORS
Affion
Public
MetLife
NEOGOV
PARS
PeopleAdmin, Inc.
TML Intergovernmental Employee Benefits Pool
Texas Municipal Retirement System
BRONZE SPONSORS
Aetna
Standard Insurance Company
The Waters Consulting Group, Inc.
ARTICLES OF INTEREST aka NEWS YOU SHOULD BE AWARE OF
Throughout the 82nd Texas Legislative Session, TMHRA will keep you posted on bills that will impact human resources issues in Texas cities. You can find the up-to-date information at www.tmhra.org/legisative/htm.
If you have questions or comments, please contact Laura Morrow at llmcmorrow@sbcglobal.net.
TMRS NEWS
Governor Perry Appoints Parrish to Texas Municipal Retirement System
Governor Rick Perry has appointed Jim Parrish of McKinney to the TMRS Board of Trustees for a term ending February 1, 2017. The Board oversees the Texas Municipal Retirement System, which is responsible for providing a secure retirement benefit plan for more than 750 cities. Jim Parrish is deputy city manager of the City of McKinney and a certified public manager. He is a board member of the National Public Employers Labor Relations Association and a member of the Texas City Management Association. He is also certified with the International Public Management Association and the Society of Human Resources Management Association. Jim served as president of TMHR in 1999-2000.
TMRS Legislation Update
Fund Restructure
Legislation has been filed by State Representative Vicki Truitt (HB 997) and State Senator Tommy Williams (SB 350) for consideration by the 82nd Texas Legislature, to restructure the System’s internal accounting structure. The TMRS Board of Trustees adopted the legislative proposal on September 24, 2010.
In brief, restructuring TMRS funds will provide more efficient funding, reduce year-to-year volatility in city contribution rates, and result in lower contribution rates and improved funded ratios for most cities—without reducing member or retiree benefits. This change was recommended by TMRS’ consulting actuary and supported by all 19 members of the TMRS Advisory Committee.
TMRS has spent much of the past year presenting the proposal to cities, members, and retirees. Cities received letters in August that provided estimates of the contribution reductions that may result from restructuring.
Cost of Living Adjustment
Legislation has been filed by Senator Kel Seliger (SB 642) that would: (1) allow a participating Texas Municipal Retirement System (TMRS) city to adopt a non-retroactive flat rate Cost of Living Adjustment (COLA); (2) to comply with federal law applicable to qualified plans, provide that any increased payment to an annuitant resulting from such a COLA adopted by a city would be limited to the cumulative increase the annuitant would have been entitled to receive if the 70 percent of CPI limit under TMRS’s existing law had been applied to the annuity; and (3) require that, if a city adopts an ordinance to either discontinue an annually repeating COLA or to reduce an annually repeating COLA, the city must give written notice to members and annuitants at least 60 days prior to the effective date of the change adopted in the ordinance.
TMRA Investment Overview for 2010
The TMRS total investment return for 2010 was 9.02 percent. Domestic equities were the strongest performer for the year, returning 16.8 percent, followed by international equities at 8.4 percent and fixed income at 6.5 percent. This performance was supported by the increase in the total equity allocation during the year from 23.0 percent to 33.7 percent.
In addition, during 2010, the TMRS Board of Trustees approved the implementation of the 5 percent real return asset class through a global inflation-linked bond portfolio, and selected Colchester Global Investors to invest those assets. The Board also selected a real estate consultant, ORG Portfolio Management, to assist in implementing the 10 percent real estate allocation, and approved a pacing plan for 2011 that reflects a multi-year implementation of the entire allocation.
The asset allocation at year-end was: Fixed Income 66.26 percent, Domestic Equities 17.27 percent, and International Equities 16.47 percent.
NEWS FROM AUDREY:
Check It Out – Until now, only employers could use E-Verify. Beginning on March 18, you can check it out yourself. The idea is for individuals to submit their information and pre-confirm that the system will spit out an “all clear” if and when their next prospective employer uses E-Verify to confirm identity and work authorization. Although tempting, employers who use E-Verify should not require applicants to prescreen themselves via the Self Check feature, as this violates their MOU with USCIS.
Oh, Well – A class action was filed in Florida, alleging that an employer’s wellness plan violates the Americans With Disabilities Act (ADA). At issue is a $20 bi-weekly charge for employees who refused to take biometric testing (i.e., finger prick tests for glucose and cholesterol) and also refused to complete the online health risk assessment. Seff v. Broward County (S.D. Fla. 8-10). As mentioned in previous posts and speeches, several federal agencies have “blessed” wellness programs that comply with certain limits, but the EEOC has taken the position that they may violate the ADA if they are not truly voluntary, and that certain incentives or penalties tied to participation may undercut “voluntariness.”
A Taxing Situation – With 34 states’ unemployment comp trust funds in the red (and being supplemented with federal funds to keep UI benefits flowing), the Obama administration proposes to replenish them by more than doubling the limit on employers’ FUTA contribution. The 6.2 percent surtax is now capped at the first $7,000 earned by each employee. The proposed change would up the cap to the first $15,000 earned per worker, starting in 2014.
In the Zone – The U.S. Supreme Court expanded the scope of “persons aggrieved” under Title VII by applying a “zone of interests” test. The ruling allowed a fired employee to proceed with his retaliation claim, even though it was his fiancée (they both worked for the same employer) who had filed an EEOC charge. In short, she engaged the protected activity (by filing a charge), but he was the one who suffered the adverse employment action (being fired). He filed a charge claiming retaliation, and the EEOC issued a “reasonable cause” finding and a Right to Sue. The male employee’s suit was summarily dismissed by the district court and the dismissal was affirmed in an en banc decision of the appeals court, based on their findings that he had not engaged in protected activity and had no standing to sue under Title VII. The Supremes, however, likened Title VII to other federal statutes that do allow a person who is closely associated with a person engaging in a protected activity to file a claim, and found that Congress had intended that broader scope of protection. It also noted that the retaliation prohibition covers a wider range of employer conduct (including acts occurring outside of the workplace, per their 2006 decision inBNSF Co. v. White) than the discrimination prohibition. So who’s in the “zone?” No firm lines were drawn, but the Court did say that firing a close family member will almost always meet the standard, while “a milder reprisal of a mere acquaintance will almost never do so . . . .” Thompson v. North American Stainless (U.S. Jan. 2011).
Making the Team – The U.S. Supreme Court weighed in on the scope of background checks in the public sector and, in so doing, put a stamp of approval on a wide range of questions used to evaluate candidates for hire in the public or private sector. Employees at NASA’s Jet Propulsion Laboratory objected to questions about recent illegal drug use and whether the candidate had received related treatment or counseling. They also fumed over questions sent to the candidates’ references, asking if there was any reason to doubt his/her honesty or if the reference had any “adverse information” (read: dirt) about the prospect’s “general behavior or conduct.” The rocket scientists felt this was an invasion of their Constitutional right to privacy, but the Supremes said that the government, like any employer, is entitled to hire employees who are reliable, law-abiding persons, and that questions about illegal drug use are a useful way of figuring out which persons have these characteristics. In short, the government’s need to have solid citizens as workers—coupled with the Privacy Act’s prohibition against further, public dissemination of that info (by NASA)—outweighed the individuals’ desire to avoid such disclosures. NASA v. Nelson (U.S. Jan. 2011).
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, (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 is pleased to announce the second annual Professional Awards Program to recognize and honor outstanding individuals and organizations that have made significant contributions to municipal human resources in Texas. Nominations are sought for the following three awards:
- Human Resources Management Professional of the Year
Recognizes the human resources professional who has made significant contributions to the field of municipal human resources management in the past 18 months. The recipient must be an Active, Affiliate, Cooperating, or Emeritus member of TMHRA.
- Innovation in Municipal Human Resources Management (Organization)
Recognizes the local government that has developed innovative programs and services to solve municipal human resources management problems and create opportunities for its community to reach its full potential. This award is aimed at programs that have been created or modified in the past 18 months. The recipient must have an Active, Affiliate, Cooperating, or Emeritus member of TMHRA in its organization.
- Rising Star Award
The TMHRA Rising Star Award recognizes a new member who shows exceptional promise of leadership and contribution to the association and profession. Recipients should be in the first five years of their career in public sector human resources management and can include those who have moved into public service mid-career. The recipient must be an Active, Affiliate, Cooperating, or Emeritus member of TMHRA.
Nomination forms are available at www.tmhra.org in the Awards Section. The nomination form and narrative should be submitted to the Awards chairperson, Martha Butz, at mbutz@highlandvillage.org, prior to the deadline, which is April 15, 2011.
RECAP OF THE 2011 EMPLOYMENT LAW SEMINAR
This year’s workshop was held at the Crowne Plaza Hotel in Zowntown Dallas. For the first time, the TxPELRA workshop was expanded to include an additional half-day of instruction. Even though Old Man Winter surprised us all with a dusting of snow, the workshop was well attended.
Michael Kolb, the executive director of NPELRA, and Richard Hodapp, assistant director of human recsources for the City of Fort Worth (who serves as the TxPELRA chair) kicked off the event by providing an update of issues related to labor relations at both the national and state levels. Attendees were provided a session on how associations view management and how human resources professionals can overcome that perception. However, most of the session was dedicated to Douglass Duckett, who provided an in-depth look at the collective bargaining process from the preparation to the final agreement.
The Civil Service Workshop began with a very informative legislative update, followed by an exchange of information regarding furloughs, pay freezes, and layoffs—all things that have become much too familiar in the recent economic down times. Debbie Maynor, human resources director of Killeen, partnered with Efren Fernandez, human resources director from Harlingen, to talk about innovative recruiting programs. Attendees learned how Killeen was able to partner with the school district to offer fire academy classes as part of their curriculum.
The workshop ended with Bettye Lynn’s famous, and sometimes frightening, civil service update expounding on issues occurring around the state. Lastly, a panel of experts moderated by Miguel Ozuna, director of human resources for the City of Cedar Park, responded to a myriad of questions that had been collected throughout the workshop. George Mones, director of human resources from the City of Mesquite, and Dick Hodapp, assistant director of human resources for the City of Fort Worth, called on their years of experience to find answers and solutions.
NPELRA recognizes Tadd Phillips with the National Public Employer
Labor Relations Association 2010 Pacesetter Award
Congratulations go out to Tadd Phillips, director of human resources for the City of McKinney, who was recognized at NPELRA’s 40th Annual Training Conference, held in San Diego during the week of March 20. Tadd was selected to receive the National Public Employer Labor Relations Association 2010 Pacesetter Award. The award recognizes NPELRA members who have successfully developed a new tool or technique for use in resolving conflicts, addressing new challenges, or assisting others in their growth in public sector labor relations and human resources. Tadd received this award for his efforts to revitalize the TXPELRA chapter by increasing membership, producing a relevant conference, and his leadership in filling in for the president and successfully organizing state resources to defeat a statewide collective bargaining bill. Great job, Tadd!
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
Richard Hodapp
TxPELRA/Civil Service Committee
Assistant HR Director
City of Fort Worth
1000 Throckmorton St
Forth Worth, TX 76102-6312
392-871-7770 phone
392-871-8869 fax
richard.hodapp@fortworthgov.org
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