Reading the charter review minutes

P. Nenni, D. Picard, M. Scorti, D. Slagle, and J. Soppanish.

FOP President David Kirsch, Dep. Chief VanArsdale, J. Cunningham, J. Magill

approval, Ms. Glover seconded and the motion carried.

Mr. Brickey asked Mr. Landen to again explain the timeline for the committee’s report to be presented to

council, adoption of legislation and deadline for ballot issues.

the city manager’s big objections to emergency legislation is the referendum process is eliminated. To put

issues on the ballot straight by council, they will have to have five votes. To put any issue on as an emergency,

will have to have six affirmative votes. Mr. Landen spoke to Mr. Brickey about scheduling another committee

of the week for an additional meeting.

Issue: Regarding appointing and removing employees, the sentence that states such are subject to the advice

and consent of City Council.

Mr. Landen suggested that would be something that could be removed from the Charter. The City Manager

would appoint employees. There are two exceptions; the City Manager and Clerk are appointed by council.

Currently, every time the city appoints someone, it has to go to council to be confirmed. The city can’t give a

physical or mental exam before council approves or confirms the appointment.

Mr. Gibson felt the City Manager should hire and fire. Council has no role to play in that part of city

government. He asked if the City Manager and Department Head work together through this process, is there

plenty of oversight.

Mr. Landen advised most positions are Civil Service employees. For hiring procedures, normally the department

works from an approved list of candidates, and then there is a recommendation to the City Manager.

Mr. Gibson didn’t feel the language has a place in the charter. That’s what a City Manager is hired to do.

Ms. Glover asked when that language was put in the Charter.

Mr. Landen advised it has been in the Charter since the 1940’s.

Ms. Glover questioned why it hasn’t been changed in all these years.

Mr. Landen explained there have been a couple of times that that it came up during charter review, but didn’t

get past council to get on the ballot for change.

Mr. Nenni said most of the time it’s just a formality. Every once in a while there’s a problem, an important issue

that the City Manager may not know. He didn’t think it was unhealthy.

Mr. Landen said council interference doesn’t happen a lot, but has happened a few times. The problem with the

hiring process is the restrictions that they can’t do any kind of testing until confirmation of council. Then the

City can send a tentative offer. Mr. Landen explained that union employees have arbitration rights. Civil

council. He has seen council once or twice get involved in a termination process and a few times get involved in

hiring and promotional processes.

There was some further discussion about:

votes of council to approve.

bureaucracy.

through the hiring process.

to the advice and consent of City Council. Mr. Gibson seconded and motion carried.

Mr. Gibson advised he is a big believer in no micro management. He feels that’s what he was talking about

when he asked to strengthen the wording in this section if possible.

motion carried. No CHANGE

Mr. Nagy explained he has a problem with some of this wording. Council by ordinance may create, change or

assign additional functions to departments and committees, etc. Some are simply advisory in nature and what

this says is that they can assign additional responsibilities. If park board is advisory, council can change that at

any time. Council may inadvertently cause confusion in some situations. He stated somebody needs to be able

to define what a departments or committees functions are. Is that council or City Manager?

Ms. Glover said she thinks council, because of the will of the people always bringing suggestions and problems

to council, she thinks they should be able to appoint boards, etc. and add to those boards, etc.

Mr. Brickey said these were good points. The last sentence in this section states City Council by ordinance may

assign additional functions or duties.

Mr. Amburgey said there’s only one group that’s accountable to the electorate and that’s Council.

Mr. Scorti said if he had to pick a fight, it wouldn’t pick this one.

carried. No Change.

Mr. Landen explained the issue is the appointment of Police or Fire Chief from outside the organization.

Mr. Soppanish expressed interest in hearing from both ways on hiring. He said what he has seen in the past is

that sometimes fresh ideas make a big difference. If you have in house employees year after year after

generations, ideas might be different. He would like to hear others opinion of whether a chief should be hired

from outside. So far, everything has gone right for Middletown. He looked at this as any policeman or fireman

that wants to be a chief and go up the ladder. They will go to school, etc. to do that. There shouldn’t be any

pressure to hire from outside. He said he wasn’t saying its good one way or the other. If he was a police or

fireman and wanted to ascend, he would go to training and school.

Mr. Gibson said that’s fine as long as there is a system in place. But if you don’t have something that states that,

Council could go where ever to hire that person.

Mr. Amburgey asked what the November 7, 2000 amendment was.

Mr. Landen said those amendments were just to say council, and not commission.

Mr. Brickey asked how many department heads are appointed in this manner.

Mr. Landen responded that police and fire are the only ones. Technically, they are not department heads, they

are division heads, but are treated as department leaders.

Mr. Gibson said as a business man he always looked at the organizational chart and identified future leaders. If

he didn’t do that and bring them along, give them an opportunity, then shame on him. Otherwise, someone

else would hire them. He can see the same thing happening in police and fire. He sees them rising to the top

and if not given the opportunity, what do they do, go somewhere else.

Mr. Mulligan asked why this applies to only two departments in the City.

Mr. Landen answered most management positions have always been deemed outside of civil service. Police and

fire have mostly been entrenched in civil service. Police and fire to this day goes all the way to the top under

civil service. The State’s laws require a rule of one. A few years ago, the City of Middletown went to a rule of

three. The City has created a situation where there is a little more opportunity than before. At a minimum

there will be two taking the test to be competitive. If only one passes, they get the position. If both pass, it

does not have to be the top score getter that is selected for the position.

Mr. Scorti asks who picks.

Mr. Landen responded the City Manager.

Mr. Glover asked if the City was hiring from within the ranks now.

Mr. Landen stated we are hiring from within now. The city must hire by promotional from within, as long as one

person passes the test with a minimum of two persons taking the test.

Mr. Nagy stated thus far, the experience in Middletown has worked well. He used the Fire Department as an

example and stated there are not a better Fire Dept. and EMS Squad that he knows of. He knows many

individually and had made numerous calls for service. All those promotions have come from within. When

someone like Steve Botts rises from within, it says a lot about the organization.

Mr. Hoffman added that every community is kind of different and exclusive. If promoted from within, police and

fire know the history of the community, the needs and rhythms of community.

Mr. Nagy said they have to be residents correct?

When the answer was no, there was some discussion on residency requirements.

Mr. Landen explained you do bump into some state law with residency requirements. The city does not require

policemen and firemen to live in the City.

Mr. Scorti said it is 99% best practices to promote from within. The bottom line is, if you can raise your own and

bring them up through the ranks that would be ideal. Currently the City is 17 police officers short. You can be

promoting someone because there are vacancies and no one else in line. There is another side to interviewing

other candidates.

Mr. Nagy asked how you would word it.

Mr. Scorti explained you have an opportunity here as the Charter Review to change or rectify things. There

could be some phrase on there about options of interviewing other people.

Ms. Glover asked if the majority of police and fire live in town.

Mr. Landen said there is no residency requirement and no majority of firefighters nor policemen live in the city.

Mr. Soppanish asked if it could get down to one person taking the test.

Mr. Landen said no, there have to be two to take the test and the City Manager makes the final call.

Mr. Nagy said that Mike Scorti brings back the issue of always looking for the best qualified person. If it comes

to the place that we need to go outside to get the best, how do we get there?

Mr. Slagle answered by changing this language.

Mr. Landen added they’d have to change the language that the chiefs shall be classified. It would then be open

to the public.

Mr. Gibson said he agreed with Mr. Scorti on a lot of points, but the thing you’re going to do here is erode young

talent. If you’re a young officer and there are 50 people ahead of you and you’re working your way through the

ranks, if there’s a charter that says there’s no chance of getting ahead, why even go to that municipality. They

won’t put in the time.

Mr. Brickey stated one of the managers he worked for a number of years ago was outstanding. He always felt

the cream would rise to the top. He asked the committee if they wanted to maintain the current system.

Mr. Scorti said he’d like to make a motion that gives language for options for the City Manager or Council to go

outside. As a City Manager, he would not want to be locked to the one person that passed the test. The cream

will rise to the top.

Ms. Glover said if people showed up for the meetings, they said they’d give them time 3 to 5 minutes to talk.

Mr. Gibson explained they all received the memo from Chief Botts. He read that memo that was sent to Judy

Mr. Picard said if the committee removes this language about being classified, what the chief says can still occur.

The person who has been here all these years will be way ahead. All we are asking is there may be a time that

doesn’t occur. Developing employees, bringing them up through the ranks, etc., spending time and effort to

bring them up, and they are free to go somewhere else. What if we have a situation and there is no one willing

or that passes the test? It’s a stretch, but it could happen.

Much discussion ensued.

Ms. Glover asked about the seventeen vacancies, to fill those positions did they have to let go out to get the

brightest and best or was it given to the ones with seniority.

Mr. Landen believed that the City has not laid off any employees. The vacant positions are because of attrition,

and the City is not filling vacant positions.

David Kirsch, police officer stated it was budgeted to get rid positions. They are not budgeted to fill the

vacancies. The vacancies have been created by attrition.

Mr. Soppanish explained he wasn’t asking to put it in writing that they can hire from the outside, period. He’s

asking the same thing as Mr. Scorti. There has to be opportunity for discussion if there were people that

weren’t qualified.

Mr. Nagy explained he was torn between the idea of the best qualified from within and opening it up to the best

qualified. If you open it up, you allow politics to come into play.

Mr. Amburgey said there are two sides to every coin. What about the City Manager? The city has a new City

Manager and maybe that new City Manager wants to get their own people and wants to get rid of everyone. Be

careful to take out all the oversight. He asked how this impacts any collective bargaining agreements.

Mr. Landen said none, no impact.

Mr. Brickey asked who would like to change it. There were eight thumbs up to change to unclassified positions

for the Chiefs.

Mr. Nenni questioned what the proposed wording would be.

Chiefs, making those two positions unclassified. Nenni seconded.

There was further discussion and Mr. Gibson asked for a roll call vote.

Soppanish. Nays: Gibson, Hoffman, and Nagy.

Ms. Glover said her issue is with job postings for job placements. Posting availability should be more open.

People aren’t aware of a position until after it’s filled. She wanted it posted somewhere.

Mr. Landen explained the posting process varies from job to job. Any civil service jobs are posted and persons

are allowed to take the test for those. Some appointed positions are filled from within the organization.

Mr. Picard asked where that subject was listed in this section.

motion carried with a majority thumbs up for no change.

Mr. Nagy explained when this section was discussed last, he had asked for a copy of those sections that had

been repealed, particularly finance. He wondered under what circumstances they were changed.

Mr. Landen said at one time, when they passed the 1949 charter, all departments were listed. In 1972, the

determination was made by the Charter Review Committee to repeal these sections. They thought there would

be a greater flexibility if council could create the departments they wanted to create.

Mr. Scorti said as he reads this section, it states no employee of the city shall be interested in any contract and

he asked for an example.

Mr. Landen has consistently read this provision as state law that prohibits any legal interest in profits from any

contract with the city. He explained that the City of Middletown cannot buy flowers from Jim Armbruster.

Ms. Glover asked what if council buys properties because they know that the property is going to be sold for a

development.

Mr. Landen said it depends on circumstances. If you’re a public employee, you can’t have a pecuniary interest in

any contract whatsoever.

Discussion ensued. There was further discussion about hospital property being purchased; the appearance of

impropriety; immediate family members having an interest; strengthening this language; how violations are

handled; etc.

Mr. Landen stated any violations are prosecuted. Council members are told that ethics problems are their

problems, not the City’s. He interprets this section as being the same as the state ethics law.

Ethics complaints were discussed

There was some issue with the language that a smaller number may adjourn from day to day.

Some discussion ensued.

No change

There were a couple of issues under this section. Publication in a newspaper and changing the order of

paragraphs three and four for more fluid reading.

Mr. Landen explained the language dealing with passage of legislation after being read twice and reading by title

only. Before the second reading, the title of the legislation has to be published in a newspaper. The City

budgets about $14,000 for legal advertising each year.

Ms. Glover stated if it’s something the public is really interested in, the Journal is going to publish it anyway.

They have a tendency to publish all controversial issues. She felt we could find a way to inexpensively get notice

to the public.

Mr. Gibson said he is all for a Middletown paper getting revenue from ads. He felt a savings of $14,000 was

small, if it’s getting to the people. Even if it only gets to those that subscribe, you are getting the word out.

Discussion ensued regarding the percentage of citizens that subscribe to the Journal; other methods of

Ms. Glover suggested using the verbiage to use the best means necessary to communicate it to the public.

Mr. Nagy said his objection was with the emergency legislation wording in this section. If emergency legislation

is passed after one reading upon the emergency vote, the public hasn’t had the opportunity to read the

complete ordinance. It needs a full complete reading.

Mr. Hoffman advised that Ms. Gilleland is already addressing the emergency legislation. There are less than 30%

of the public that receive the paper. He thought the water bill would be a better publishing route.

the phrase; in a newspaper having a general circulation in the City. Mr. Hoffman seconded.

Mr. Slagle said you cannot buy enough sleeping bills to get you through reading ordinances in full.

Mr. Nenni agreed asking who wants to hear the ordinances read in full.

Discussion ensued.

Mr. Gibson thinks it a big mistake not to use the newspaper. He said look for other ways to get the word out as

well. He knows the value of the newspaper being a partner with the city. This would be breaking a partnership

that has been long standing.

Mr. Amburgey said he will vote against a change.

Mr. Nenni said newspapers are going out of business left and right. Most now read the news from their

computers.

Mr. John Soppanish said Mr. Nenni brings up the internet, but there are a lot of elderly people in town that go

by the newspaper. A lot of blue collar workers still do not have a computer in this town.

Soppanish; Nays: Amburgey, Gibson and Glover.

Mr. Landen also asked about moving paragraphs around for clarity. He advised that the City Manager would like

the Charter to say something that is read as a first reading can be converted at the second meeting and changed

to an emergency. The difference is it would go into effect immediately. At a second reading, it doesn’t go into

effect for thirty days. He said at the risk of disagreeing with his boss, he thinks this can be done now. It has

been done in the past.

Mr. Landen asked if all emergency legislation should be read in full, the point Mr. Nagy brought up.

Mr. Nagy said he wasn’t so sure about it being read in full if it’s real long. He stated if you look at that screen on

TV it’s hard to understand what it’s all about. You need some further idea of what’s involved, more detail. He

didn’t know that it’s that big of thing, except the public has to know.

Mr. Landen explained most all legislation has a staff report attached with more detail.

Issue: Do these four boards need to be in the charter?

Mr. Landen explained one option is to get rid of everything about boards and commissions in the Charter. We

know we have to have a Library, Civil Service and Health Board; however the composition, duties, etc. could be

by legislation.

Mr. Brickey asked aren’t there far more boards than these.

The answer was yes, fourteen or fifteen different boards and commissions.

Mr. Slagle said his understanding was if it’s in the Charter, we must have it. In the current crunch that the City is

in, there are some discussions about combination of certain services. He would like to see all boards and

commissions taken from the charter. Council has the option to establish as many boards and commissions as

they want.

Mr. Nagy explained he did a lot of homework on these sections. Article 3, Section 7 states that council may

create and change offices, and with that he doesn’t know why those are needed here.

and eliminate the wording here in Section V. Amburgey seconded. Motion Carried. Eliminate wording naming

boards and commissions.

At 8:05 p.m. Mr. Nenni excused himself and left.

Mr. Nagy said the third paragraph limits a statement of not more than two hundred words for someone

defending their position. He moved to take out that wording.

Discussion ensued. Some felt it an undue requirement that the clerk has to mail that statement to every

registered voter in the City. The taxpayers of Middletown are going to pay to get the message out.

Mr. Nagy asked suppose they shall have the right to present a statement and/or summary defending his or her

position and the summary would have to be mailed by the clerk .

Discussion ensued. Mr. Slagle said he wanted to take out the requirement to mail that statement. Mr.

Amburgey said he did too.

Mr. Hoffman withdrew his second and Mr. Gibson withdrew his motion.

Mr. Landen asked if there was agreement around the table about taking out the requirement to mailing to every

person in the City. The majority agreed to take out the mailing instructions. He then asked about the 200 word

limitation.

Mr. Picard said there needs to be some type of limitation.

Further agreement was to change to not more than 500 words in the statement.

Mr. Picard asked if the city could run on a budget that is not balanced.

Mr. Landen explained the City cannot run in the red. The rainy day fund is just a reserve.

Discussion ensued regarding:

all the other things in the City

Mr. Landen said he needs to do some homework. He didn’t think the committee would get this far this evening.

He guesses this is probably not required by law anymore. He asked for time to look at state law. If we’re

required to have it by State Law, we can leave it.

Mr. Landen stated he will try to have all the changes emailed to the group so they’ll be prepared to sign off on

the issues.

Mr. Scorti moved to suggest that appointment of board personnel be taken out of council’s hand and given to

the City Manager.

Mr. Landen suggested that someone volunteer to write a letter to council.

Mr. Mulligan and Mr. Scorti will work on letter for committee to sign.

Mr. Nagy advised that our last election there were certain groups in the city supported by tax money that took a

position on the levy and only one side was allowed to be heard and another department used their department

to publish letters. Lately he had a very cordial meeting with TV Middletown and the City Manager and resolved

issues with them. He said he doesn’t want that to happen again. That taxpayer’s money isn’t used for only one

side of the story.

Discussion ensued.

would not support a school board or city levy. Mr. Slagle stated this is beyond the purview of this committee

and you can’t tamper with the rights of the public to get involved in elections. He moved to close the discussion

and move on. Mr. Hoffman seconded and the motion carried. Ayes: Amburgey, Brickey, Colts, Gibson, Glover,

Hoffman, Mulligan, Picard, Slagle and Soppanish. Nays: Nagy. Abstained: Scorti.

Mr. Amburgey said along with his support of eliminating the ward system, he wanted to know about putting a

cap on what candidates can spend on campaigns. If you do away with wards, you’ll have persons who cannot

Mr. Landen said there may be some constitutional issues with that and he will check.

Mr. Brickey thanked all for pushing forward to complete the review.

Ms. Glover moved to adjourn. Mr. Scorti seconded and the motion carried.

At 9:10 p.m. the meeting adjourned.