CONFERENCE HIGHLIGHTS

MEET AND CONFER
H.B. 304 AND H.B. 2892
Irving, Texas - July 12, 2005
Austin, Texas - July 14, 2005

Written By: Shanté R. Jordan, IMPA-CP
Human Resources Manager
City of Allen

The room was jam-packed with police, fire, and HR attendees from throughout the state to hear about the new Meet and Confer Legislation. Prior to the Meet and Confer discussion, Bettye Lynn gave a legislative update on several 143 bills that will affect cities.

H.B. 1913 extended Chapter 143 to cities having either paid fire or police departments, rather than both being required. This bill became effective May 27, 2005. S.B. 1421 lifted the age cap for police officers to 44 (143.023) and created a survivor preference in hiring for survivors of a firefighter line of duty death (143.025). Under this bill, a survivor must pass the exam and meet the other requirements.

S.B. 1050 allows for the extension of the probationary period for beginning positions in fire and police 143 cities. The Civil Service Commission in a city may extend the period by a maximum of 6 months for basic training academy attendance. This does not affect meet and confer or collective bargaining cities. (Effective September 1, 2005)

H.B. 3409 amends Chapter 143 to apply only to municipalities with a population of 10,000 or more according to the most recent Federal census updated annually. It also states that a 143 city shrinking to below 10,000 in population would remain a 143 entity.

S.B. 863 amends Chapter 143 to allow an eligible promotional candidate on active duty to take a promotional exam outside the presence and/or at a different time from other candidates. Bettye recommended that if the individual could not take the test the same day, he/she should take it on the earliest date possible and then have their score inserted on the list wherever they fall.

Other bills covered included S.B. 1421, H.B. 150, H.B. 1213, H.B. 863, H.B.639, and S.B. 716.

Meet and Confer, House Bills 304 and 2892, apply to cities with a population of 50,000+ or a municipality that has adopted Chapter 143. Note: A city not at 50,000 by the last dicenial census as defined in the Code Construction Act (Chapter 311 of the Government Code) is not covered. Meet and Confer does not apply to Chapter 174 (collective bargaining) cities, or to Houston, Austin, and Fort Worth.

Bettye gave some clarification on the definitions, and stated that we should ask to see the by-laws of the “Police Officer/Firefighter Association” wanting to represent employees.

She also recommended that you always call for an election unless 100% of the employees are signed up for payroll deduction for that particular association, to question whether or not this is something that the silent majority wants.

Bettye also informed us that when selecting a bargaining unit, the city manager selects one person or more to represent the city. When selecting the city’s team, it is important not to select the city manager, police & fire chiefs, or councilmembers, but have the city attorney, a member of the finance department, human resources representative, and assistant police & fire chiefs on the team. During this time it is important to establish important ground rules, such as all negotiations will take place on the employees time (if the employee is scheduled to work, he/she can shift trade). When an agreement is actually reached, it must be written and executed, approved, ratified by the association, and finally adopted by the council.

Other useful tidbits are:
• Elections for Meet & Confer must be held as part of a regularly scheduled general election.
• If Meet & Confer is defeated, the association cannot submit a petition before the second anniversary of the election (they must wait 2 years).
• There is not a time limit on reaching an agreement; in fact, you don’t have to reach an agreement.
• The city’s bargaining unit does not have to discuss all issues that the association brings forth.
• Certain things should not be open to discussion, such as different retirement plans and insurance benefits for police and fire.

Overall, the session proved to be very interesting and insightful. Because of the information delivered in the session, we now know what must be done to be in compliance with the new regulations.

TMHRA EXECUTIVE BOARD NOMINEES

Each year, TMHRA elects a new Secretary/Treasurer and three Trustees. The Secretary/Treasurer then follows a progression, becoming the Vice-President the following year, and then President the next year. There are six Trustees serving two-year terms.

At the Mid-Year Conference in Fort Worth, the Nominating Committee presented the following members as nominees for next year’s Executive Board vacancies:

Secretary/Treasurer
Alison Froehlich-Smith, City of Baytown (incumbent)
Laura Morrow, City of Allen (incumbent)

Trustee
Donald Byrne, City of Odessa
Jo Ann Franke, City of Brownwood
Bonita Hall, City of Longview (incumbent)
Richard Hodapp, City of Fort Worth
Jane Mehrens, City of Brenham (incumbent)
Ida Rivera, City of Sweetwater

Additional nominations are allowed to be made from the floor during the Business Meeting at the Mid-Year Conference. This year, there were no additional nominations made.

We wish to recognize and thank this year’s Nominating Committee including George Mones, SPHR, IPMA-CP, City of Mesquite; Laura Morrow, SPHR, IPMA-CP, City of Allen; Mary House, City of Sugar Land; Carolyn Liner, City of San Marcos; and Melanie Helms Caballero, SPHR, City of Bryan.

Ballots were mailed to all Active members on July 25. If you are an Active member and did not receive a ballot, please contact Lonne Parent-Smith at 512-231-7452 or e-mail: lparent@tml.org . Ballots are due by August 31, 2005.

TMHRA 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 through the year:

AIG VALIC
Great-West Retirement Services
Hilb, Rogal & Hobbs
ICMA Retirement Corporation
Justex Systems, Inc.
Maxor National Pharmacy Services Corporation
Public Sector Personnel Consultants
Texas Municipal Retirement System
The Waters Consulting Group, Inc.

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ARTICLES OF INTEREST aka NEWS YOU SHOULD USE

Coming Soon…Model Personnel Policies – Free to TMHRA/IPMA-HR Members
Lauren Safranek, PHR
TMHRA/IPMA-HR President
Director of Human Resources, City of Frisco

As was mentioned in the May newsletter, the TMHRA Board has approved an agreement with Lynn Pham & Ross, LLP, to draft a model employee handbook that current Active, Associate, and Affiliate TMHRA members may access for their cities’ use. Access to the model would be restricted to current TMHRA/IPMA-HR members. The Board believes that this service is in line with the TMHRA/IPMA-HR Vision – To be a source for Human Resource development and solutions for Texas Cities.

The model should be available for use no later than October 2005. The Board also approved that Lynn Pham & Ross, LLP, would perform an annual review for legal accuracy. This will enable the model to be revised in the event of changes in federal/state regulations, new laws, etc. This review would be completed no later than October 1 of each year. In odd-numbered years, this would permit Lynn Pham & Ross, LLP, to include any changes resulting from legislative action in Austin.

The model policies would be placed on a restricted part of the TMHRA Web site for downloading and use by members only. The Board also approved the proposal by Lynn Pham & Ross, LLP, to offer a city-specific review of a city’s handbook prepared from the model for $1,000.00. This fee is conditioned upon the user downloading the model and redlining any additions, deletions, and/or modifications. This fee would be paid by the city requesting the review, not TMHRA.

As stated previously, TMHRA/IPMA-HR’s goal is to be a resource to HR professionals serving the public sector. We hope that you will find this service helpful, especially with the many legal challenges that we all face every day. Furthermore, if you have any ideas of other services that TMHRA/IPMA-HR can provide to you to assist in your job and its challenges, please let us know.

The Higher You Are, The Harder You Fall?
Managing Executive Ethics
By Jennifer R. George, Esq.
Co-Owner and Senior Consultant
Employment Practices Solutions’ Denver/Colorado Springs office

You are the HR Manager for a municipal government. You just learn that the married city manager is having a consensual sexual relationship with his female subordinate, and, as luck would have it, that female subordinate is married to another one of your town employees. You did not realize that degrees in psychology, psychiatry, marriage counseling, and morality were your job requirements, did you? So, just how does HR manage executives’ conduct these days?

Recall that in March 2005, Boeing asked its 68-year-old CEO to resign over an extramarital affair with a female company executive. If the affair was consensual, then it would likely not violate a standard sexual harassment policy requiring “unwelcome” conduct. The relationship, however, apparently violated Boeing’s code of conduct, which required employees not to engage in conduct that caused embarrassment to the company. “Extramarital Affair Topples Boeing CEO,” USA Today, March 7, 2005. Ironically, the Boeing CEO made the restoration of corporate ethics a top priority at Boeing, and ultimately, the CEO did not practice what he preached. Id.

While, as in most employment matters, the Boeing example hinged on its particular facts, it frames an issue as to how human resources manages executives’ conduct in 2005. It seems that we may be witnessing an ideological shift from even 5 years ago, when such conduct may have been winked at. Now, it resulted in an ousting.

Why the change in approach? Just as the sordid factual circumstances involving senior managements’ misconduct have remained constant over time, so have the advice and recommendation of human resources professionals and employment attorneys: promote litigation avoidance and address the impact on morale. Exposing potentially unlawful conduct will alleviate the twin concerns of tomorrow’s lawsuit by the spurned lover and potential hostile environment of innocent bystanders.

Now, it seems that decision-makers are listening more to the “impact on morale” part of the equation. In some employment practices, attorneys note that clients sometimes weigh the importance of appearances of impropriety and perceptions of favoritism over the truth of any allegations, when executive misconduct is at issue. Basically, the same standard of conduct is being applied to executives as to subordinates.

Could it be that integrity is making a comeback?

Perhaps the effects of financial ethics, post-Enron and in the wake of the 2002 Sarbanes-Oxley Act, are migrating into personnel decisions and meandering up to the executive suite. Should it not be that “the higher you are, the harder you fall,” when a senior executive engages in inappropriate conduct? “Failure of integrity” and “exercising poor judgment” might replace “violation of company policy” when it comes to labeling executives’ misconduct.

Not so fast, however, according to some who doubt that the Boeing ouster “suggests a bold new era in corporate policies.” In pondering the effects of the Boeing ouster, some business ethics experts say “the situation hints at possible changes in the way corporate boards scrutinize executive conduct but also say it is too soon to tell if a new norm is being set.” “Update 2: Ouster of Boeing CEO Points to Confusion,” Forbes.com, March 8, 2005.

Nevertheless, Wharton School at the University of Pennsylvania professor of business ethics and law Thomas Donaldson stated that Boeing “signals that at least some corporations aren’t just using these (codes of conduct) as window dressing. Any company that has a similar issue like this, if they want to do something different, is going to have the Boeing example to answer to.” “Update 2: Ouster of Boeing CEO Points to Confusion,” Forbes.com, March 8, 2005.

In addressing the conduct of your municipality’s city manager, what are your options? More than a wink. Consider the totality of the circumstances, specific policy violations, and the broader issues of integrity, judgment, and impact on morale. And, because termination of employment is more an option today than in the recent past, do not be afraid of implementing more serious disciplinary consequences within your governmental framework.

Some practical advice on managing executive ethics:

1. Review current polices to ensure they are up to date and incorporate sufficient latitude for the organization to take necessary action against breach of ethics by any employee.

2. Provide executives with training on topics such as ethics, conflicts of interest, and your code of conduct. Many organizations omit this group from their internal training initiatives at their own peril.

3. Create an effective complaint procedure for employees and members of management to bring ethical issues to the organization’s attention. Think creatively – use a hotline, a comment box, various personnel who can “hear” complaints, etc.

4. Investigate each complaint thoroughly. Too often when a member of upper management is implicated, the complaint is brushed under the rug. Managing ethics means the organization must act ethically itself; therefore, treat these complaints with the attention they deserve.

Presumably, integrity and solid judgment are qualities demanded by your organization. The more these values are publicized to your employees and executives alike, through well-crafted policies/codes of conduct and training initiatives, the more likely you can practice what you preach.

About the Author:
Jennifer R. George, Esq., is a Co-Owner and Senior Consultant with Employment Practices Solutions’ Denver/Colorado Springs office. She has enjoyed representing employers and consulting with companies since 1992, and utilizes her in-depth and multi-state employment law expertise when conducting employment practices training, conducting employee misconduct investigations, consulting on personnel policies, and expertly reviewing litigation matters. An excellent presenter, Jennifer speaks nationally and locally on topics effecting the prevention and correction of workplace discrimination and harassment. She has been a consultant with EPS since 1997 and is a co-author of Prevent Workplace Harassment: Proven Policies That Keep Your Company Out of Court (1998) and Workforce Strategies in a Down Economy (2003).

Jennifer graduated magna cum laude from Texas A&M University in College Station with a degree in Speech Communication, and she received her law degree, with honors, from the University of Texas in Austin. Jennifer practiced exclusively employment law, first with Littler Mendelson in Dallas, Texas, and later with Sherman & Howard, L.L.C., in Colorado Springs, Colorado. Jennifer’s practice included the gamut of employers, from "mom and pop" businesses to Fortune 100 companies and public/governmental entities. As an employment attorney, she counseled clients on compliance with applicable equal opportunity and labor laws, represented clients in complaints before federal and state courts, federal and state agencies, and in internal employee processes. Jennifer also conducted numerous training classes and investigations of harassment/discrimination during her practice of law.

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TMHRA Past Presidents’ Dinner – First Meeting of Its Kind
Janet Melançon, PHR, IPMA-CP
Director of Human Resources
City of Waco

On Tuesday, May 17, 2005, twelve TMHRA past presidents assembled for dinner. Also joining the group were John Philpott, TML, and Gary Anderson, TMRS. We reminisced about past experiences and basked in the joy of getting this group of past presidents together. This is the first meeting of its kind, and we hope to assemble each year at the Mid-Year Conference.

The following group of past presidents who attended the dinner represents nearly 300 years of HR experience:

(2004) Barry Robinson, City of Greenville
(2003) Janet Melançon, City of Waco
(2002) Libby Lanzara, City of Fort Worth, retired
(2000) Jim Parrish, City of Amarillo
(1999) Mary House, City of Sugar Land
(1998) Phyllis Stadler, City of Richardson
(1993) Jan Stricklin, City of Wichita Falls
(1991) Kathryn Usrey, City of Carrollton
(1988-89) Carolyn Linér, City of San Marcos
(1986) Ben Blair, City of Grand Prairie
(1983) Charlie Shapard, City of Fort Worth, retired
(1978) Chuck Speed, City of Amarillo, retired

The following past presidents provided highlights of their presidential term of office:

• Barry Robinson - In 2004, TMHRA became affiliated as an IPMA-HR chapter.
• Janet Melançon - In 2003, the groundwork for IPMA-HR chapter affiliation had begun, and it was the first year the board had committee co-chairs where one co-chair was a board member and the other co-chair was a non-board member in order to increase member involvement.
• Jim Parrish - In 2000, TMHRA held a big 50th anniversary celebration at Mid-Year, and the world was going to end when 1999 became Y2K.
• Mary House - In 1999, Mary was the first TMHRA president.
• Phyllis Stadler - In 1998, Phyllis was the last TMPA president. Additionally, the salary and benefits survey was revamped, and the plan was implemented to change the name of the organization to TMHRA. The motivation behind changing from TMPA to TMHRA was, in part, due to another TMPA – Texas Municipal Police Association.
• Kathryn Usrey - In 1991, Kathryn was one of the first Personnel Directors whose job title changed to Human Resources Director.
• Carolyn Linér - In 1988-89, Carolyn was the only president to have served more than one term due to a vacancy. That distinction still stands today.

We wish to extend a very special thanks to Gary Anderson, TMRS, for graciously sponsoring the event, and we look forward to getting together again next year.

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Bettye Lynn Nominated for Warner W. Stockberger Achievement Award
Janet Melançon, PHR, IPMA-CP
Director of Human Resources
City of Waco

I would like to express a heartfelt thank you to the TMHRA members and non-members who provided endorsement letters for Bettye Lynn's nomination for the 2005 Warner W. Stockberger Achievement Award. We received 63 endorsement letters from HR professionals, Fire Chiefs, Police Chiefs, City Managers and Administrators, City Attorneys, and several from the private sector. Special thanks to Charlie Shapard, retired HR Director from the cities of Fort Worth and Plano. He was instrumental in preparing the nomination form and obtaining information from Bettye so that we could present all of the information necessary to highlight her outstanding contributions to Texas cities. It was a pleasure to represent the TMHRA Board and membership in this capacity. Thanks for the opportunity to serve you.

Click here to read the pdf file of the nomination letter and form that were sent to the IPMA-HR Awards Committee.

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IPMA-HR Recertification Criteria

Download pdf file

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Succession Planning: An Idea Whose Time Has Come
by Patrick Ibarra

Download a pdf version of this article.

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NEWSLETTER INPUT NEEDED!!!