COMMISSIONER AGENDAS & MINUTES
COMMISSIONERS SPECIAL MEETING
January 22, 2015
Commission Chairman, Percy L. Brown, Jr., called the meeting of the Hancock County Commissioners to order at 9:00 a.m. on Thursday, January 22, 2015 in the conference room of the county courthouse located in Ellsworth Maine with Commissioners Joy and Blasi in attendance.
Adjustments to the agenda:
MOTION: to add item 1b, an executive session under MRSA Title 1 ss. 405 6 to discuss the County Administrator. (Joy/Brown 3-0, motion passed)
MOTION: to enter into executive session under MRSA Title 1 §405 6(a) to address an employment matter. (Joy/Brown 3-0, motion passed)
Commissioner Brown called the meeting back to regular session at 10:22 a.m. stating that the commissioners just completed a disciplinary hearing for Phil Roy. There were two issues that were discussed; he asked the commissioners if there was a resolution to either #1 or #2.
MOTION: I move that CFO Roy be fired. (Blasi/ failed for lack of 2nd) Discussion: Commissioner Brown questioned if the motion was for both issues. Commissioner Blasi stated "Due to below average evaluations and the contents of today’s hearings."
Regarding the first issue of the disciplinary hearing, performing work for Somerset County on Hancock County time by participating in a BOC meeting, Commissioner Joy stated "I find that", at this time Commissioner Brown interrupted and clarified that he thought this should be done in two phases, first take #1 and #2 and see if the commissioners can agree if the issues actually happened and then come back and take another motion on the discipline of either/or or both. When asked if this would be okay, Commissioner Blasi concurred. Commissioner Brown further clarified that motions would be taken regarding issues #1 and #2, to see if the commissioners believed the issues happened, then they would come back and take motions on the discipline used. Commissioner Blasi concurred.
Regarding #1: Commissioner Joy stated "I believe that Phil Roy did perform Somerset County work on Hancock County time on January 12, 2015." Commissioner Blasi stated "second." Commissioner Joy stated that he did not think this was a motion, it was his finding and that he thought everybody has to say what they think. Commissioner Brown agreed with Commissioner Joy's statement. Commissioner Blasi also agreed.
Regarding #2: Commissioner Joy stated "I find that Phil Roy Jr., is participating in a required session but without having the session approved by the commissioners." He stated that he is not dealing with those days. Commissioner Joy stated that he thought that the two hours that he spent at the sessions should be paid by us, we wanted him to have some classes or a session but "I am not sure that it was ever approved or that the expense was approved." Commissioner Blasi stated "I don't believe it was." Commissioner Brown stated that he was somewhere different than both of the commissioners on this and stated that he believed adding that when referencing what actual abuse of sick time is in the Personnel Policy, and that CFO Roy did not want to hear testimony from the clerk at this time and when asked by Commissioner Brown regarding the "ordinary schedule" and if It would be from 7:30 to 4 CFO Roy responded yes. CFO Roy was asked this twice then he went ahead and took the unapproved sick time. Commissioner Blasi stated "I'm going to agree Mr. Chair." Commissioner Brown stated that "I think #2 is not as bad as #1 is, I think #1 meets, there is a pretty high bar for that, I'm really disappointed in that, that after signing this thing and as much problems as we had back in June of 13 directly saying, I think this is one of the problems, I think this is one of the problems that Phil is having in that office down there, he's taking these things on his own, it's got to stop, it's got to stop."
Commissioner Brown stated that he was going to agree #1, he was going to agree on two of them, he stated that he couldn't disagree on what Commissioner Joy said, going back to the agreement, CFO Roy is now telling the commissioners that they told him to do this. That may be possible but we had not approved this particular (didn't finish his sentence) Commissioner Brown stated that he was still saying that CFO Roy did #2 because it was unapproved. Commissioner Blasi stated "you heard my agreement."
Commissioner Blasi stated that the policy says, establishes business work hours to be 8:00 a.m. to 4:00 p.m. Commissioner Brown stated that there was consensus and asked if the commissioners needed to vote on the consensus.
Commissioner Joy stated that under #2, one of the things that he would like to see going forward is what CFO Roy has done in this regard what the proposed plan is going forward. The commissioners have not approved this and that this is an expense out of an account that he was not sure that the commissioners have approved adding "if you are going to do these things it has to be approved by us and then I think we have to pay for it and we have to give you the time to do it." Commissioner Brown stated that he was not saying that he would deny that. It was unauthorized, that was his point. Commissioner Joy agreed.
Commissioner Joy stated that the commissioners would have to go to the next step which was the Employee Action form, listing the specifics of the offense, what the employee was told, the employees reaction and what we are going to do.
MOTION: for both offenses together, I would recommend 1 to 3 day suspension without pay. (Joy/Blasi 0-3 motion failed) Discussion: Commissioner Joy stated for discussion, that is why he suggested 1 to 3 days, he hoped there would be a resolution. Commissioner Joy added that as a means of progressive discipline, we have had issues up until now and for him, this is the next step. Commissioner Blasi suggested a 3 day suspension; Commissioner Brown suggested a 5 day suspension (Commissioner Blasi agreed) without pay, the reason for his recommendation was due to the employee playing a game with sick days, the word game and all this stuff, he was afraid it would become another game. Commissioner Brown suggested that the 5 days begin at the end of the week (beginning of the next pay week) that was it would be clean.
MOTION: to suspend Phil Roy for 5 days without pay beginning the next pay period, January 24-30, 2015. (Blasi/Brown 3-0, motion passed) Discussion: CFO Roy questioned when the suspension would begin due to "things in the works that need to be completed." Commissioner Brown questioned when the work week began. Clerk DePrenger stated that the work week is from Saturday to Friday and the CFO come in from Monday through Friday. CFO Roy stated that they have a warrant this week. Commissioner Brown clarified that the pay week was Saturday through Friday asked the CFO if he wanted to leave room for an appeal. CFO Roy replied "no." Commissioner Joy asked CFO Roy if he was suggesting that the week after next would be better. CFO Roy stated that he did not think that was a good week either. Commissioner Joy stated that he was thinking of either next week or the week after, he was not thinking of any further weeks beyond that. CFO Roy suggested serving the suspension over a period of two weeks, adding that the problem is that health insurance just came in and the warrant is due next week. Commissioner Joy stated that "well you're here today and I would tell you, if you're going to be here tomorrow, I don't know," buy you better get as much done of this as you can." CFO Roy stated "so do it Monday through Friday, okay." Commissioner Joy stated that his suggestion would be as soon as possible, which would be Monday and that he needed to get done what he needs to get done today. Commissioner Joy stated "I will tell you this could go very badly if we can't get the warrant and payroll all done next week." CFO Roy stated that payroll is not the issue, it was making sure that the warrant gets processed, adding "that's all I'm concerned about is the County." Commissioner Blasi stated "please train the deputy treasurer in all accounting operations including the insurance spreadsheet". CFO Roy stated that he can take care of the insurance today. Commissioner Joy recommended that the suspension begin on Monday, next week. Commissioner Brown stated, "just for the record Phil, I hope we don't have to have a meeting like this again."
Commissioner Joy stated to CFO Roy, that he was still looking for when he would be doing those sessions, past and present. CFO Roy stated that he had another meeting next week (inaudible) Commissioner Brown or Blasi added "as a proposal."
MOTION: to enter into executive session under MRSA Title 1 §405 6 to discuss the County Administrator. (Joy/Blasi 3-0, motion passed)
Commissioner Brown called the meeting back to regular session at 11:08 a.m. and requested a motion.
MOTION: to offer the position of County Administrator to Eugene Conlogue. (Brown/Joy 3-0, motion passed) Discussion: Commissioner Brown stated that the commissioners hope to have Mr. Conlogue visit Hancock County prior to his hire date of February 16 to help with organizational issues and would pay Mr. Conlogue a prorated cost for his time; this would include lodging and travel. Mr. Conlogue currently resides in Presque Isle.
Commissioner Joy stated that he would like to have Mr. Conlogue come to Hancock County and speak to the Admin employees regarding their jobs, discuss a Kelley person and obtain a workflow and reorganization chart to approve. The treasurer will be included as an interviewee. Commissioner Brown clarified that the treasurer is an elected official and that the commissioners cannot tell her what to do and her work hours. Commissioner Blasi stated that her salary is based on 5 hours at $5,000. Commissioner Brown stated that the commissioners cannot set elected officials hours, the only one included in Statute is the Register of Deeds. Commissioner Joy stated that a priority is the RCC merging into the Colliers Building along with the Emergency Management Agency; the time is right now, Bucksport may or may not want to talk to us about their dispatch, now is the time, this is Commissioner Joy’s priority. Commissioner Blasi agreed and mentioned the Affordable Health Care Act implementation; Commissioner Joy stated that we are our own health insurance company. It was suggested that Acadia Benefits should contact the County Administrator by the end of March. The commissioners can meet with Mr. Conlogue anytime prior to his arrival. The office layout was discussed.
MOTION: to adjourn. (Joy/Blasi 3-0, motion passed)