8/1/24 CC Meeting, Agenda Item 7 | Discussion, consideration, and possible action regarding the City of Lago Vista Personnel Policies and Procedures

[Paul Roberts]

Regarding Agenda Item 7, Page 154 of the packet: https://d3n9y02raazwpg.cloudfront.n...e5-dd03-46c5-8369-a82e47ed3d16-1721950627.pdf

My notes are too extensive to include here due to space limitations so I have attached them to this thread.

 

[Paul Roberts]

Dear Citizens of Lago Vista and city staff,

A citizen reached out to me this morning advising that the attachment can not be viewed. I have emailed IT staff asking if this can be fixed, or if the character limit for the message body can be increased. In the interim, if you would like me to email you a copy of my notes, please send me an email: councilplace5@lagovistatexas.gov, I can also be reached by phone: 512-431-5187 with any specific questions or recommendations for amendments.

 

[Paul Roberts]

The IT department moved quickly on this and changed a setting. Everyone should now be able view attachments.

 

[Shane Saum]

Thank you Councilman Roberts for posting these. By giving us a chance to see these proposals prior to the policy coming back up in our August meeting, we can possibly have a more efficient meeting as we will have seen your proposals. I hope all of Council utilizes this tool as they put together their notes. Below are my thoughts on your proposals and a list of the questions/suggestions I submitted to the City Attorney to consider for our next discussion

Responses to Councilman Robert's proposals

- I agree with #2 protecting employees political speech and clarifying between on-duty/off-duty
- #3 conflicts of interest for employees, I think that is a fair proposal as Council already abides by that.
- #4, I like the option for employees to have exit interviews with Council. How else will Council truly know how things are going with the City unless we also hear from those who may be leaving because of a bad culture or other issues with the City work environment.
- #5 appears to cover the grievance process issue that started this review, as there is currently no grievance process if an employee has a grievance with the City Manager. In those cases, the Council's attention to the matter seems appropriate.

My Notes/questions on the personnel policy:

• Under B.1 Authority. When it states The “City” may change this at any time. Does that mean the Council? Or does it mean the CM?
• I am in favor of a separate grievance process when it includes the City Manager. I think that process could include staff reaching out to City Council.
• What section would it make sense to add a section that all settlement or severance agreements need to be approved by City Council, especially those that include a payment to be made in connection to that agreement.
• Section E. Dissemination of Personal Policies – can we add something that the policy needs to be given to Council so they have it?
• Section 3 Employment practices, I would like to see that all job openings are posted publicly even if the intent is to hire from within. If that is not possible, there should be an internal job posting board where at least all employees see the openings and have a fair shot at vying for an internal job.
• Section 3 11 Residency. Clarification, is this saying there is a residency requirement and that requirement is a 30 minute drive?
• ORRs – Are there any protections for employees submitting ORRs that their managers, City Manager or City Council cannot see what they have requested? Does the State law not provide for any privacy of who is submitting requests? What if a staff member is seeking information to investigate a grievance they may have? Or what if they are submitting it as a citizen and not a staff member? Can we provide any protection or anonymity for them?
• Terminations – Is there any protection we can provide for employees that their sick and vacation time will be given to them regardless of how their employment ends as long as they earned it? This could protect them from being blackmailed with getting their benefits or pay in return for resigning rather than being fired.

 

[Paul Roberts]

Councilman Saum,

Thank you for your thoughtful response to my proposals. Below are my responses to your thoughts and questions, with references to relevant ordinances, state statutes, the city charter, and city policies.

Responses to My Proposals​

1. Political Activity (Section 2, Paragraph G):
   
   • I appreciate your agreement on clarifying between on-duty and off-duty political activities. The current policy states, 'City employees may not: Publicly endorse or campaign in any manner for any person seeking a City public office. This provision is not intended to prevent a city employee from displaying a candidate’s sign on their personal property' (Redline Personnel Policy, p. 290, Section 2, Paragraph G). My proposal ensures that employees' First Amendment rights are protected while maintaining professional boundaries during work hours.
2. Conflicts of Interest for Employees (Section 2, Paragraph H):
   
   • I agree that aligning employee conflict of interest policies with those that the Council adheres to is fair and promotes integrity. The current policy states, 'No employee of the City may: Have any financial or other interest, directly or indirectly, in any proposed or existing contract, purchase, work, sale or service to, for, with or by the City; Use City employment, authority, or influence in any manner for personal betterment, financial or otherwise; Have any financial interest, directly or indirectly, in the sale to the City of any land, materials, supplies or services' (Redline Personnel Policy, p. 291, Section 2, Paragraph H). This should be complemented by our ethics policy, which states, 'Public servants of the city shall not participate in a vote or decision in which they have a direct substantial financial interest' (City Ethics Policy, Sec. 1.1803(b)(1), p. 4).
3. Exit Interviews with Council (Section 15, Paragraph B):
   
   • Thank you for supporting this proposal. The current policy states, 'The City usually provides separating employees with an exit interview prior to their last day of work. The purpose of the exit interview is to finalize all compensation due, return City equipment, provide explanation of any continuing benefits, review employment history, discuss the reason(s) for the separation, and solicit constructive feedback to improve the City' (Redline Personnel Policy, p. 362, Section 15, Paragraph B). I propose adding, 'Any employee desiring to have an exit interview with the City Council may do so in executive session on the first possible date of the next regularly scheduled city council meeting. This ensures that all feedback is heard at the highest level and appropriate actions can be taken to address any concerns raised.'
4. Grievance Process for Issues with the City Manager (Section 16, #5, Paragraph 3):
   
   • I’m glad you find the revised grievance process appropriate. The current policy states, 'If the grievant is a City department director alleging discrimination or sexual or other harassment by the City Manager, he or she may file a grievance directly with the Human Resources within 10 working days of the alleged discriminatory act' (Redline Personnel Policy, p. 365, Section 16, #5, Paragraph 3). To foster an inclusive and fair work environment, I propose that any city employee be allowed to file a grievance against the City Manager. The process would be as follows:
     • Upon receiving a grievance against the City Manager, Human Resources shall promptly notify the City Council. According to our ethics policy, 'The city council shall receive and hear all complaints filed against any city official, board, committee or commission member that is appointed by the city council' (City Ethics Policy, Sec. 1.1809(b), p. 11).
     • The City Council shall hear all such grievances and consult with the City Attorney before making a final decision.
     • The City Council shall schedule a hearing within 30 days of receiving the grievance, ensuring an impartial and fair hearing process.
5. Employment At-Will (Section 1, Paragraph F):
   
   • The current policy states, 'Employment with the City is for no fixed or definite term. All employment by the City has been and continues to be at-will...' (Redline Personnel Policy, p. 276, Section 1, Paragraph F). While this is consistent with Texas’s at-will employment doctrine, exceptions for employment contracts approved by the City Council should be recognized. I propose amending the policy to state, 'Employment is at-will unless otherwise specified in a written contract approved by the City Council. Additionally, no employee shall be terminated for refusing to perform an illegal act.'

Additional Notes and Questions​

1. Authority (B.1 Authority):
   
   • You asked for clarification on who has the authority to change the policy. According to our City Charter, 'All powers of the city and the determination of all matters of policy shall be vested in the city council' (City Charter, Article II, Sec. 2.02). Therefore, the Council holds the ultimate authority to enact and amend policies, not the City Manager.
2. Approval of Settlement or Severance Agreements:
   
   • You suggested that all settlement or severance agreements, especially those involving payments, need to be approved by City Council. I agree. This ensures transparency and accountability. We should add a requirement that all such agreements must be approved by the City Council.
3. Dissemination of Personnel Policies (Section E):
   
   • You suggested adding a clause that the policy needs to be given to the Council. I agree. The current policy can be amended to state, 'The policy must be provided to the City Council to ensure they are fully informed.'
4. Posting of Job Openings (Section 3):
   
   • You proposed that all job openings be posted publicly, even if the intent is to hire from within. I agree. We should ensure transparency and fairness by posting all job openings publicly or on an internal job posting board.
5. Residency Requirement (Section 3.11):
   
   • You asked for clarification on the residency requirement. The current policy states, 'Residency within a thirty (30) minute drive of city limits may be required for designated positions' (Redline Personnel Policy, p. 277, Section 3.11). This should be clearly defined to avoid any confusion.
6. Open Records Requests (ORRs):
   
   • You raised concerns about protections for employees submitting ORRs. Under Texas law, ORRs are public records, but there are protections for whistleblowers. We should implement internal policies to maintain the anonymity of employees submitting ORRs to avoid potential retaliation, provided they do so in accordance with state law and legitimate whistleblowing activities.
7. Termination Benefits:
   
   • You asked about protections for employees regarding their earned sick and vacation time upon termination. Policies should ensure that employees receive their earned sick and vacation time upon termination, regardless of the circumstances, as long as they have accrued it. This prevents misuse of these benefits as leverage during termination negotiations.

These amendments and clarifications will enhance transparency, fairness, and accountability within our personnel policies, ensuring they align with legal standards, ethical guidelines, and the best interests of our employees and the city. I urge the council to consider these amendments to foster an environment of integrity, respect, and justice for all our city employees. If no other Council members have feedback, I'll update the employment attorney and our general counsel with these revisions to my prior submission which I sent to them on Friday as they requested.

Thank you for your attention to these important matters.

 

[Paul Roberts]

I am proposing the additional amendment:

• Section 15 - Separations:
  
  • Addition: All department head separation agreements, regardless of the financial terms or dollar amount, shall require prior approval by the City Council. This requirement applies to all department heads whose termination or removal requires Council approval as stipulated in the City Charter.
• Procedure for Approval:
  
  • The City Manager shall present all proposed department head separation agreements to the City Council for review and approval during a duly noticed public meeting.
  • The presentation shall include all relevant details of the agreement, including but not limited to the reasons for the separation, the financial terms, and any other pertinent information.
• Consistency with City Charter:
  
  • This amendment is intended to be consistent with and to further the provisions of the City Charter. Nothing in this amendment shall be construed to amend or conflict with the City Charter.
• Effective Date:
  
  • This amendment shall take effect immediately upon its passage and approval.
• Severability:
  
  • If any provision of this amendment or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this amendment that can be given effect without the invalid provision or application, and to this end, the provisions of this amendment are declared to be severable.