BOULDER CITY LIBRARY BOARD OF TRUSTEES MEETING
August 22, 2012
MEMBERS PRESENT: Amy Carvalho, Gary Berger, Valerie McNay.
MEMBERS ABSENT: Beth Molburg and Ed Barrow
Also present: Mary-Anne Miller from the Clark County DA Office, Director Lynn Schofield-Dahl, Staff Members- Carolyn Rehder, Pat Burke, Mary Hughes, Mary Ann Venghaus.
The regular meeting of the Boulder City Library Board of Trustees was called to order at 7:02 p.m. by Chairman Amy Carvalho.
I. PLEDGE OF ALLEGIANCE
II. CONSENT AGENDA
Matters considered routine by the Board of Trustees and which may be enacted in one motion. Any item, however, may be discussed separately per Board Member request. Any exceptions to the Consent Agenda must be stated prior to approval.
Gary Berger moved, Valerie seconded approval of the Consent Agenda, the Minutes of the regular meeting on July 18, 2012$14,557.87 in vouchers for the previous month, submitted prior to and at the meeting, $642.73 in checkbook expenses for the previous month, submitted prior to and at the meeting. Motion carried.
III. CITIZEN PARTICIPATION:
Items raised under this portion of the Agenda cannot be acted upon until notice provisions of Nevada’s Open Meeting Law have been completed. Therefore, any action on such items must be considered at a later meeting. — Citizens present chose to not speak at this time.
IV. STAFF REPORTS:
Lynn handed out change pates for the bills and the monthly financial report. Lynn added to her report that she took $1.00 from Petty Cash to the City Treasurer’s office to complete the Property Purchase. Lynn received a receipt.
Valerie McNay commented that SRP seemed successful.
V. REPORT/DISCUSSION/ACTION POSSIBLE:
Discussion of Personnel Policies Question. Lynn introduced Mary-Anne Miller from the Clark
County DA’s Office. Ms. Miller had been presented with a series of questions from the Board of
Trustees and Director concerning various Personnel Issues faced when developing the new
Comp Time vs. Overtime
Q: There seems to be a conflict between NRS/NAC rules regarding work day and work hours: Answer: NRS regarding work day and work hours only applies to private employers for public employers; Over Time Hours are those hours worked beyond 40 in 1 week. Gary referred to the handout from NRS he brought to the prior meeting. Mary-Anne Miller confirmed that we do not have a collective bargaining agreement. Because we do not have a Collective Bargaining agreement, we are required to follow the Fair Labor Standards Act (FLSA). The NRS has specific statutes that apply to State of Nevada employees as opposed to Governmental employees. We should double check 283, 286. The Library District is considered a Local Government. We only have the obligation to pay overtime once an employee works more than 40 hours in a week. As long as we have operated in good faith, our statute of limitations on paying out overtime and extra hours is 2 years. Paid on 1 of 2 ways: An average rate of pay OR current pay, whichever is higher. May not bank more than 240 hours. Most people don’t let people go more than 6 months. We can be more stringent. If a person has met their banked limit, then the employee must be paid for other extra hours. They cannot lose the time. Confirmed that we will, going forward, make sure people are not accruing for too long of a period. The county is using Comp Time strategically because there are advantages to it in making your budget stretch. Overtime must be budgeted for. You may not allow employees to work overtime if you do not have money to pay them. As long as the employee and entity agree, the employee may be compensated for Overtime or Extra Time in Comp Time. For our current employees, that decision is made by the employee. For future employees, we may adopt a policy that all Overtime or Extra Time is paid in Comp. We should have a form stating that for the new hires to sign at time of employment. “If you are agreeing to come to work for the Boulder City Library, you are agreeing to accept Comp Time in lieu of Overtime, up to X# of hours” However, current employees have the choice of being paid out that banked time or being compensated for that banked time in Comp Time. We should get a written form signed by current employees. If employee is scheduled for 19 hours, but works 24 hours in that week, we pay for the full 24 hours. Employees should be aware that Overtime or Extra Time pay is subject to the same deductions as their other pay. Miller—Legal to allow employees to switch shifts during the week as long as the hours traded are the same number. Miller believes we are legally bound to pay the numbers shown on the chart (included). Employees may choose to bank some of the time (up to the limit) and should be paid out the remainder. If an employee says “I want my money for the past 2 years” just pay the money so we don’t get fined. Employees may want to stretch out payments so they don’t get hit with the taxes or they may want to bank it. Under no circumstances should an employee be working Overtime or Extra Time unless it has been pre-approved. For employees who have a choice, the employee must make the choice at the time the request is made as to whether or not they will be paid or compensated in overtime.
Amy asked for clarification of our current practices with compensation with overtime/extra time. In the least the last 23 years, staff has been compensated for extra time worked in the form of Comp Time (or Time off at a later time), and that has been awarded on an hour-for-hour basis. If someone left employment during that time, they were paid out, but also at the hour-for-hour basis. It seems that a lot of the banked Comp Time has come from staff earning comp time for Holidays on which they were not scheduled to work and for the extra 3 days of time given for employees who don’t use sick leave.
Lynn asked for clarification as to whether we must offer both Overtime and Comp Time, or if we may offer only Overtime. Answer: We may decide to not offer Comp Time. We do need to have in the budget Overtime Pay. There are federal regulations that require us to comply with an employee’s request to use their Comp Time, but we MAY deny the request IF it will place an undue burden on running the business. If we treat requests for using Comp Time the same way we treat requests for using Vacation leave, we would probably be seen as treating the situation fairly.
Ms. Miller told us that the Catastrophic Leave does not add any additional budgetary concerns because it is time that we already have in our budget. There is a potential for discrepancy because someone who is paid at a lower rate could be using time that was donated by someone who is paid at a higher rate. Because we have a small organization, there is more chance for there to be that imbalance. If we don’t have a policy that we like in writing, it is best we get one. Amy asked if we choose to no longer have a Catastrophic Leave fund, what do we do about the hours that have already been donated to that fund? Lynn pointed out that until the current FY, funds were not earmarked in the budget to pay out any requests to use Catastrophic Leave. This year we set aside $7,000.00 set aside to support Catastrophic Leave. Answer: In keeping good faith with our employees, keep the hours in there, and use the hours until they are exhausted. Do not return the hours to the employees because those hours have been “lost” to those employees because they gave the hours away and the hours may have been lost if the employee had earned hours beyond the limit. We do not have to keep growing the fund. Most organizations have to go out and solicit time when an employee needs Catastrophic Leave. We are in the enviable position of already having time banked. There followed a discussion of pros & Cons of offering supplemental insurance for Short-Term or Long-Term Disability.
Under no circumstances should an employee be allowed to work Overtime off the books. It can lead to all sorts of trouble. If an employee does work Overtime off the books, he/she should be disciplined. By Federal Law, and employee is NOT allowed to waive their right to Overtime.
Amy: What is the Overtime/Comp Time concerning Salaried employees. Answer: If an employee is truly salaried and exempt, the organization has no obligation, according to Federal Law, to compensate them for time worked beyond a regular schedule. We may adopt a policy to give a Salaried Employee Comp Time, but only TIME.
At this point, Ms. Miller left the meeting after being thanked by the group.
Lynn advised the Board that she will be sharing the notes from this meeting with both Jim Chachas from Hobbs & Ong and Martha Ford from PBTK. Both have been doing additional research concerning the financial issues. Martha had offered the same advice concerning the Catastrophic Leave fund as was offered by Mary-Anne Miller.
V. CITIZEN PARTICIPATION
Items raised under this portion of the Agenda cannot be acted upon until notice provisions of Nevada’s Open Meeting Law have been completed. Therefore, any action on such items must be considered at a later meeting.
Pat Burke: Currently has 44 hours of comp because she did not use more than 5 days of sick leave and because several holidays fell on her days off so her time has been earned in the past year. In the past, we did not get paid for Comp when we left, but then it got changed because someone got paid for comp mistakenly, then others were paid for it. Most of our employees who have been her for a long time are in the habit of using their comp first, then using vacation time.
Carolyn Rehder: The Bookkeeper used to always take off an employee’s Comp Time first, before applying Vacation time. So people were always using up their comp time. And comp time was always approved before it was earned.
Gary Berger: Comp Time and Vacation were basically used as 2 accounts. Gary believes it should be the call of the employee as to whether they use Comp or Vacation time, rather than the call of the Bookkeeper.
(At this point, I was asked about responding to a call from the alarm company and there was an explosion of voices on the recording that I was unable to decipher.)
Gary Berger asked for each Staff Member to explain their concerns and reason for coming to the meeting.
Pat Burke: Expressed concern that, because they have 2 employees with Mondays off, that those employees will be unhappy with not being paid for Monday Holidays.
Gary invited staff members to attend the Policy Committee meetings.
Mary Ann Venghaus: Would like, in writing, our definitions for Part-Time, Full-Time, Exempt, Non-Exempt, etc.
Followed by a discussion lead by Gary about what the Board wants to have come out of this process.
Next meeting will be on Sept. 19th. Valerie may not be able to attend due to another conflict.
Meeting was adjourned at 8:27.
Director, Boulder City Library