[Special Commission Meetings on October 13, 2023.]
[00:00:14]
UH, WE'RE IN THE SAN BERNARDO ANNEX, UH, BUILDING NUMBER TWO, MEETING HALL, 7 0 5 NORTH BOWIE STREET, SAN TEXAS.
AND, UH, I'D LIKE TO WELCOME EVERYBODY.
I'D LIKE TO CALL THIS MEETING TO ORDER.
ITEM NUMBER TWO, PUBLIC COMMENT.
AND, UH, RUTH, DO WE HAVE ANYBODY FOR PUBLIC COMMENT? NONE.
WE HAVE A CITY, UH, PERSONAL POLICY BY, UH, PRESENTED BY MR. UM, ILLA LOIS, OUR CITY ATTORNEY, SIR.
A ACTUALLY, GOOD EVENING, GOOD AFTERNOON.
ANYWAY, I GOT A CALL REGARDING, UH, ISSUES, NOT NECESSARILY ISSUES, BUT POSSIBILITY OF MODIFYING, OF MODIFYING THE PERSONAL POLICY TO INCLUDE THE AVAILABILITY OF, OF THE EMPLOYEES TO TRANSFER SICK HOURS, SICK LEAVE HOURS.
SO WHAT WE HAVE DONE IS WE HAVE SUBMITTED, UH, SOMETHING THAT WE CAN WORK OUT OF OFF AND DEPENDS WHAT THE CITY WANTS TO DO.
WHAT WE'RE LOOKING AT IS PRETTY MUCH THE RESPONSIBILITY WOULD, WILL BE THE CITY MANAGERS AND TO BE ABLE TO GET, GET THE POLICY AND LOOK INTO WHERE WE NEEDED DIRECTION WAS WHAT SPECIFIC, UH, ILLNESS INJURY, OR JUST SOMETHING THAT THE SETTING MANUAL CAN DECIDE THAT IT'S SEVERE ENOUGH.
AND, AND THAT'S WHERE WE NEEDED SOME DIRECTION.
THE OTHER THING WE PUT IN THERE ALSO IS THAT, AND I THINK THIS SHOULD BE INCLUDED IF THAT THE, THE PERSON GIVING UP THE HOURS HAS TO BE AT LEAST EQUIVALENT OR WE PUT 65%, BUT IT CAN BE SOMETHING DIFFERENT.
AND THE REASON WE PUT THAT IN THERE IS, FOR EXAMPLE, YOU HAVE A, A HIGH PAYING INDIVIDUAL AND BASED ON ON 2080 HOURS, AND I DID THIS EXAMPLE, UH, FOR EXAMPLE, CITY MANAGER OR ASSISTANT MAKING 180,000, THAT'S $87 PER HOUR.
SO IF, IF THAT PERSON WERE TO GET, UH, ILL, AND SOMEBODY THAT EARNS $15 AN HOUR, $13 AN HOUR, GIVES THEM THE HOURS, THEN THE BUDGET GETS OFF BECAUSE WE'RE OFF ABOUT $74.
SO IT HAS TO BE SOMETHING KIND OF EQUIVALENT OR CLOSE.
AND THAT'S SOMETHING THAT Y'ALL DECIDE.
SO IT WOULD BE ALMOST LIKE RANK FOR RANK.
WELL, THAT'S KIND OF WHAT YOU WANT TO GET.
AT LEAST WHAT WE PUT IN THERE IS 65, BUT Y'ALL CAN PUT A LITTLE HIGHER, BUT THAT'S KINDA WHAT YOU WANT.
BECAUSE IF IT'S, IF IT'S A HIGH PAYING RIGHT.
EMPLOYEE, AND IT'S, YOU GIVE SOMEBODY THAT'S LOWER OR THAT'S THE, THE CITY'S BUDGET OR THE CITY WILL BE AFFECTED TREMENDOUSLY.
NOW, THE OTHER THING WE PUT IN THERE IS THAT YOU CAN, YOU CAN ACCUMULATE EMPLOYEES.
UH, FOR EXAMPLE, SOMEBODY EARNING $50 AN HOUR, YOU CAN HAVE TWO PEOPLE THAT EARN 25 TO GIVE, GIVE FOR ONE.
UH, THAT'S ONE WAY OF OVERCOMING THE THAT.
BUT THAT'S FOR FINANCIAL PURPOSES.
SO, UH, HOW DO WE, UM, WELL, YEAH, I'LL SET THIS, UH, STEPHANIE.
SO I CAN, UH, HAVE YOU RECORD THERE.
SO WE CAN HAVE YOUS ON THE FINANCE DIRECTOR, HOW WE THOUGHT ABOUT JUST TRANSFERRING HOURS ITSELF, NOT RATE.
SO LET'S SAY SOMEBODY IN A HIGHER RANK WANTS TO GIVE SOMEBODY IN THE LOWER RANK, WE'LL, WE'LL CONTINUE WITH THEIR RATE AT THAT PERSON.
AND THAT'S REAL EASY GOING UP.
BUT THE OTHER FLIP SIDE IS DIFFERENT GOING DOWN.
SO WE CAN ALWAYS ON TOP GO DOWN, BUT FROM FROM THE DOWN.
WE CAN, FOR SOMEBODY, FOR SOMEBODY WHO MAYBE ON THAT PURPOSE, WE CAN ADDRESS THE 65% THAT, THAT HE WAS TALKING ABOUT.
BUT WHEN GOING DOWN, WE'LL LEAVE IT AT THE RATE THAT IS BECAUSE THEN A BUDGETED POSITION FOR A LOWER AMOUNT, IF YOU GIVE THE 65 AND IT'S STILL MORE THAN WHAT THEY'RE MAKING, THEN YOU AFFECT THAT DEPARTMENT'S BUDGET.
WELL IF, IF LET'S SAY FOR EXAMPLE, A HIGH HIGH EARNING PERSON GIVES TO A LOWER EARNING PERSON, THE CITY DOESN'T GET AFFECTED IN A BAD WAY.
IT'S EITHER THE FLIP SIDE WHEN RIGHT WHEN, SO DEPENDS WHAT Y'ALL WANNA DO.
UM, WE ALL DECIDE, UM, NO, WE WERE CITING THE STATE, WHAT THE STATE, UH, LAWS WERE AND WHAT THEY DO WITH THE STATE EMPLOYEES.
HOW DO THEY HANDLE THIS SITUATION? I DON'T KNOW WHAT THE STATE EMPLOYEES DO.
THERE'S DIFFERENT ENTITIES THAT DO IT DIFFERENTLY.
I'M KIND OF GOING BY WHAT WE DO
[00:05:01]
AT THE CITY OF MACALA THAT KINDA WHAT WE ADDRESS IS MORE THE, THE CONCERNS, THE FINANCIAL CONCERNS WE WOULD HAVE IF WE DO IT.I I WOULD, UH, I GUESS THE SUGGESTION COULD BE IT'D HAD TO BE ONE OF EQUAL VALUE OR LESSER, RIGHT? KIND OF.
WELL, THAT'S KIND OF WHAT IT'S TRYING TO E EQUAL VALUE OR MORE IN THIS CASE.
AND SO YOU CAN PUT AT, WE HAVE IT AT 65, Y'ALL COULD PUT 75 OR, BUT LIKE I'M, WE ALSO HAVE IN THERE THAT TWO PEOPLE CAN COMBINE TO GIVE TO THAT THE HIGHER TO EQUAL.
BUT THE, THE, THE CITY MANAGER WOULD BE MORE, UH, ACCOUNTABLE, I MEAN, TO, TO, TO UNDERSTAND, SEE WHAT THE, WE GOT TO BE ABLE TO MAKE THAT, UH, YOU KNOW, HAPPEN.
UM, BECAUSE THE THING IS THAT, I MEAN, I DON'T WANT TO BE, BE, UH, TO HAVE IT BEING ABUSED, YOU KNOW, TO, TO ABUSE IT.
I MEAN, PEOPLE CAN ACCUMULATE, BUT THERE'S SO THAT WON'T, AND THERE'S SOMETHING THAT, UH, THEY DON'T SEE THE, THEY DON'T FORESEE THE, THE FUTURE THAT THEY LIKE.
THIS IS VERY IMPORTANT AND, BUT IS, THIS IS A SPECIAL, UH, UH, SITUATION THAT'S GOING ON.
SO THAT'S WHY WE'RE TRYING TO SEE IF WE CAN HELP, UH, OUR FELLOW, UH, EMPLOYEE.
UM, SO I THINK THAT THE, LIKE YOU SAY, UM, IF, IF THE, THE PERSON, WELL, IF THE PERSON IS MAKING $85, LIKE YOU WERE SAYING, UH, MR. BELOS, UM, AND THE OTHER ONE'S MAKING 15, SO BY ONE HOUR OF 85 WOULD, WOULD, UH, CAN WE GO WITH THE AMOUNT, THE $85 THAT, SO IT WOULD BE TRANSFERRED TO HOW MANY HOURS THAT, UH, WOULD BE IF YOU GIVE, IF, IF ONE PERSON GIVES $85 OR ONE FOR $85 AND THIS ONE'S MAKING $50, YOU'RE GOING, YOU'RE GOING THE FLIP SIDE MIRROR.
WE'LL GO WITH THE EQUAL VALUE THEN, YOU KNOW, OR, OR MORE, OR A PERCENTAGE.
YOU KNOW, IT CAN BE A LITTLE LESS.
I MEAN, THAT DOESN'T HURT THAT MUCH, BUT WHEN IT'S TOO, TOO BIG, IT DOES.
CAN WE BE SOME SORT OF, UM, I GUESS MANIPULATION OF THAT ON THE CITY MANAGER TO ALLOW HER, LIKE THE COMBINATION OR WELL, WELL WHAT YOU ALL HAVE IS THAT THEY CAN, THEY CAN COMBINES.
SO IF YOU COMBINE, YOU CAN, YOU CAN DO IT, YOU CAN GET TWO PEOPLE.
FOR EXAMPLE, ONE EARNING 50 BUCKS AN HOUR, YOU CAN GET TWO PEOPLE A TO DONATE WITH EQUAL ONE HOUR.
DO WE ALL AGREE ON THAT ONE? ANY OTHER QUESTIONS? 65%.
THAT'S A GOOD, IT'S A GOOD RATE, RIGHT? WELL THAT, THAT'S, UH, FOR EXAMPLE, SOMEBODY JUST TO MAKE IT REAL EASY, SOMEBODY THAT'S MAKING $10 AN HOUR NEEDS HOURS, NEEDS SICK LEAVE SOMEBODY THAT'S MAKING $6 AND 50 CENTS COULD GIVE HER AN HOUR.
I MEAN, Y'ALL CAN MAKE IT A LITTLE TIGHTER IF YOU WANT TO OR, OR NOT.
WELL WE CAN ALWAYS, UH, AMEND IT.
WE CAN ALWAYS COME BACK IN, AMEND IT.
SO JUST TRY IT OUT, UH, LIKE, LIKE THIS.
AND, UH, LET ME ASK, UM, SORRY MAYOR.
WHERE DID WE COME UP WITH THE 65%? THAT ONE? I'M TELLING YOU, THIS IS THE, WHAT WE DO IN THE CITY OF MAC.
BUT THAT'S UP TO, Y'ALL CAN CHANGE.
WE ARE ONLY TALKING ABOUT THE, THE, THE SICK LEAVE.
RIGHT? WE'RE NOT TALKING ABOUT THE THE VACATIONS.
WE DON'T NO, THIS IS SICK LEAVE ONLY.
THE OTHER THING I WANT ADDRESS, THERE'S A COUPLE OF THINGS THERE.
THEN THE PERSONNEL POLICIES THAT CONFLICT, UH, AND I'D LIKE TO HAVE YOUR PERMISSION TO AMEND IT WHERE YOU HAVE SOME REFERENCES TO DUE PROCESS YOU HAVE AT WILL.
THEN SOME REFERENCES TO DUE PROCESS, THAT CONFLICT.
AND IF WE COULD GET RID OF THAT, AT LEAST CLARIFY IT, THEN THERE'S ALSO THE ISSUE OF, UH, GROWTH PLANS.
UH, AND I'D RATHER TALK TO YOU ALL ON EXECUTIVE ABOUT SOME OF THE ISSUES, BUT IT HAS BEEN CAUSING SOME ISSUES.
BECAUSE GENERALLY WE HAVE TO BE A LITTLE MORE METICULOUS ABOUT WHAT WE DO AND IT CAN CAUSE PROBLEMS IF WE'RE NOT.
SO I, UH, I'D LIKE TO REWRITE THAT AND KIND OF GET OUT OF A GROWTH PLAN.
SO, AND THAT ONE WE'RE GONNA HAVE TO GIVE YOU, UH, IF YOU AUTHORIZE US TO AUTHORIZE YOU TO, UH, TO PROCEED WITH THE, WITH, UH, WHAT YOU SAID
SO WHAT KIND OF, WHAT I NEED TO KNOW IS WHAT, WHAT DO YOU ALL ARE LOOKING FOR AS FAR AS YOU'ALL ARE OKAY WITH 65 OR, OR YOU WANT A LITTLE HIGHER OR SIX 65% IS GOOD.
CAN WE ADD ON THE CONTRACT THAT IT'S IN? UM, AGAIN, STEPHANIE,
[00:10:01]
THE FINANCE DIRECTOR, IF IT'S IN AN EMPLOYEE BY EMPLOYEE BASIS, 'CAUSE IT MIGHT VARY HOW YOU WANTED TO ADDRESS EITHER 65%, 75%, LIKE IT'S UP TO THE DISCRETION OF CITY MANAGEMENT.AND I'M GUESSING FINANCE, WHEN WE LOOK AT THEIR BUDGET AND SEE, 'CAUSE SOME, WHAT IF THEY'RE SHORT STAFFED AND THEY'RE ABLE TO PAY FOR THE SICK TIME WITHIN THEIR BUDGET WITHOUT HAVING TO INVOLVE TWO PEOPLE, LIKE AT BASE BY BASE, AN EMPLOYEE LIKE EVERY, 'CAUSE IF NOT, IF YOU PUT, UM, LIKE GUIDELINES, EVERY EMPLOYEE IS GONNA WANT TO FILE INTO THOSE GUIDELINES.
AND IF THERE'S SPECIFIC DIFFERENT CIRCUMSTANCES FOR EACH EMPLOYEE, MAYBE IT'LL BE GOOD THAT IT'S ALSO UP TO OUR DISCRETION HOW WE WANNA DISTRIBUTE THOSE BENEFITS.
WOULD THAT BE, YOU'RE JUST TALKING ABOUT, UM, CHANGING THE PERCENTAGE BASE UP TO THE CITY MANAGER'S DISCRETION? WELL, LIKE IN A CASE BY CASE SITUATION THAT IF I, I WOULD LEAVE IT 65% ACROSS THE BOARD FOR EVERYTH.
IF WE NEED TO COME BACK, WE COME BACK BECAUSE YOU CAN SEE WHAT HAPPENED WITH OUR PAYROLL COMPENSATION.
IT WASN'T FAIR ACROSS THE BOARD BECAUSE THERE WASN'T A, A SET PLAN.
AND THIS, THIS PROVIDES A SET PLAN THAT EVERYBODY HAS TO FOLLOW SO THAT THERE'S NOT ANY, OH, WELL THAT PERSON GOT THIS AND THAT PERSON GOT THIS.
BUT THEY'RE, THEY'RE LIKE, THEY'RE SO UNIQUE SCENARIOS AND THERE IS LIKE THIS AT THAT TIME, I THINK WE CAN ALWAYS COME BACK AND ADDRESS IT.
BUT THAT WAS JUST A SUGGESTION.
COVER OURSELF AND CASE BY CASE BASIS.
IT'S JUST WANTED TO POINT OUT, I DON'T WANT TO SHOW FAVORITISM TO ONE.
I JUST LIKE, HEY, THIS IS THE POLICY AND IT NEEDS TO BE RE-LOOKED AT.
WE CAN ALWAYS MAKE AMENDS FOR THAT SPECIFIC PERSON THAT WE'RE ADDRESSING YOUR RIGHT.
AND WHAT ABOUT VACATION TIME? WOULD THAT ALSO BE CONSIDERED, LET'S SUPPOSE LIKE THEY MIGHT, YOU KNOW, UH, BE DONE WITH SICK LEAVE, THEN THEY DO HAVE VACATION AVAILABLE.
WOULD THAT ALSO BE CONSIDERED OR IS IT JUST SICK LEAVE? NO, BUT THAT, THAT'S ALREADY VACATION'S ALREADY IN THERE.
OH, VACATION'S ALREADY IN HERE.
THAT'S BUT THE, WE'RE NOT TALKING ABOUT, YOU'RE TALKING ABOUT TRA THE ABILITY TO TRANSFER VACATION HOURS.
BECAUSE IT ALSO STATES IN THE POLICY THAT WAS NOT INCLUDED IN THIS POLICY.
AND THE, I'VE NEVER SEEN THAT, UH, TRANSFERRING VACATION.
I'VE SEEN A TRANSFER OF SICK LEAVE, BUT AT THE VERY END IT'S UP TO YOU.
NO VACATION, RIGHT? VACATION THEY ONLY HAVE WHAT, UH, TWO WEEKS.
SO IT DEPENDS ON THE NUMBER OF SERVICE THAT THEY HAVE.
I DON'T THINK IT'S, I THINK ONLY THE, UH, NO, JUST FOR CLARIFICATION, THAT'S ALL.
UH, WE'RE GONNA HOLD UP RECESS.
YEAH, WE DON'T WANT THE, THE VACATION ALSO BECAUSE NOW THEY ONLY HAVE TWO.
THAT'S WHY TAKING CARE OF THEIR SICK LEAVE, IT'S ONE THAT'S, YOU KNOW, SO MANY DAYS THAT STUFF TO GOD, YOU KNOW, TAKE CARE OF SICK, SICK LEAVE SO THAT YOU CAN ACCUMULATE IT.
THE ONLY REASON THAT I, THIS WAS BECAUSE WHEN MANY CAME IN, THERE'S A LOT OF PEOPLE LOST SO MANY HOURS BECAUSE HE CUT OFFICE SO MUCH.
AND SO THERE STILL A LOT OF PEOPLE ADAMANT SAY, BACK MY HOURS, I LOST.
SO BY HAVING THIS, TRYING TO, YOU KNOW, AND HOUR.
I KNOW HOW MY LAST JOB WAS TOO.
CUT US OFF THE WAY WE'RE DOING IT.
ALWAYS THOSE PARTIAL IN ORANGE DIFFERENTLY.
I HAD ALMOST A YEAR, FOUR MONTHS.
THEY ONLY PAID ME OUT THREE MONTHS OR LESS.
I THINK REACHED LIKE THE 2 49.
WHAT THEY'RE DOING IS AT THE FLIP SIDE.
WELL, I TOOK, I TOOK A YEAR, ALMOST A YEAR 30.
LIKE MY JOB IS WORK FROM HOME.
THE PROBLEM IS, IS SOMEBODY MAKING 10 OR 10? YOU, YOU JUST GAVE, YOU UNDERSTOOD EVERYTHING THAT YOU SAID.
[00:15:01]
5%.OH, YOU YOU MEAN? SO THE, OR THEY GIVE YOU 65% FOR THE, UH, FOR, FOR THE VACATION.
AND THEN THE OTHER TWO DEPARTMENTS AMEND THINGS.
THAT GOOD? THAT WAS A GOOD, OKAY.
AND THEY DO EIGHT HOUR, NOT FOUR.
WE BACK, UH, FROM A SHORT RECESS.
AND, UH, SO, UH, MR. VELOS, ANYTHING ELSE ON THIS? UH, UH, THAT'S IT, MAYOR.
AND IF Y'ALL ARE OKAY WITH IT, I'D RECOMMEND A, A MOTION TO, UH, TO, TO APPROVE AS DISCUSSED THE PERSONAL POLICIES, INCLUDING THE, THE DISCUSSION OF THE SICK LEAVE, THE REMOVAL OF, OF THE CONFLICT WITH TWO PROCESS AND AT WILL EMPLOYMENT, AND ALSO THE REMOVAL OF THE GROWTH, UH, PLAN REFERENCES IN THE POLICY.
ANY OTHER QUESTIONS? DO I HAVE A SECOND? CAN WE SECOND ON THAT ONE? AYE.
BY COMM, COMMISSIONER, UH, SANCHEZ.
ANY NAYS? MOTION PASSES AND TO BECOME EFFECTIVE IMMEDIATELY, CORRECT? YES.
COULD WE DO EFFECTIVE TEN ONE? PARDON? COULD WE DO EFFECTIVE OCTOBER THE FIRST? IS THAT THE NEXT PAY WEEK? IS THAT WHY? NO, THAT WAS, UH, TWO MONTHS AGO.
OH, YOU'RE, YOU'RE TRYING TO RETRO.
THAT'S THE FIRST DAY OF THE PAY PERIOD.
OF THE PAY PERIOD THAT'S GONNA GET, SO WE DO THAT.
BUT THE PAY PERIOD, WE'RE STILL IN THIS, THIS PAY PERIOD? NO.
WE, WE CLOSED WHEN'S, WHEN'S THE NEXT ONE? BUT FROM THIS POINT ON.
OKAY, CAN WE DO IT FROM TODAY? OKAY.
HE'S NOT GIVING ME TIMES ALL, UH, CHIEF BEREA.
WHAT WERE THE TIMES? UM, UP TO WHEN DID SHE COVER WITH, UM, BENEFITS? UP TO WHAT? UP TO HOW MANY HOURS DID SHE COVERED UP TO WHAT DATE? WITH BENEFITS? I BELIEVE IT WAS, UH, NOT EXACT.
A 39, UH, VACATION AND I THINK SEVEN HOURS.
I, I HAVE, I PUT ON MY EMAIL THAT'S TWICE A WEEK AND A WEEK.
I DON'T THINK WE CAN, WE CAN, WE DIDN'T, UH, SPECIFY AN EFFECTIVE DATE, WHICH WE STILL NEED TO DO.
SO WE GOTTA GO AND NO, WE CAN, WE CAN, UH, Y'ALL CAN OPEN, YOU CAN SPECIFY.
'CAUSE IF WE MAKE IT EFFECTIVE IMMEDIATELY, SO IT STARTS FROM THIS POINT ON.
I MEAN, EVEN THOUGH WE STILL NEED TO MAKE THE CHANGES, BUT IT BECOMES EFFECTIVE.
SO DO I HAVE TO MAKE A MOTION FOR THIS? WELL, YEAH, Y'ALL CAN JUST TO THANK YOU.
NOW SHE'S TURNED IN HER FMLA ALREADY MOVE.
THAT'D BECOME EFFECTIVE IMMEDIATELY.
AND THAT PAYS UP TO, SO SHE SHOULD BE FINE? YES.
SO, SO, UM, SO WE GO BACK AND THEN, UH, JUST EFFECTIVE IMMEDIATELY.
A MOTION BY, UH, TO, UH, UH, MAKE IT IMMEDIATELY BY MAYOR ALVAN.
SECOND BY COMMISSIONER SANCHEZ.
ANY NAYS? MOTION PASSES TO MAKE IT AS, UH, TO PASS IT THE FOR IMMEDIATELY.
ANYTHING ELSE? COMMISSIONERS? ANYTHING ELSE THAT YOU ALL HAVE? NOTHING.
THE TIME IS, UH, FIVE 50 AND WE'RE ADJOURNED.