j. Personnel Overview action ratified

Personnel Overview Committee January 5, 2009 - 2 - Mr. Wagner stated in the 2004 election, North Dakota voters already addressed the issue dealing with the Federal Defense of Marriage Act. Mitch Marr, North Dakota Human Rights Coalition was present and said that North Dakota residents were opposed to allowing same sex marriages. Mrs. Johnson asked Mr. Burdick if an entitiy can allow benefits above what is provided in the Federal Family and Medical Leave Act (FMLA). Mr. Burdick replied he would need to research this. Mrs. Sorum would like to see a subcommittee formed to research this issue. MOTION, passed Mr. Ammerman moved and Ms. Peters seconded to allow Chairman Sorum to establish a subcommittee for the purpose of researching benefit options for non married domestic couples. Discussion: Mr. Montplaisir said certain benefits cannot be singled out; all benefits should be included in the research. Mr. Wagner thanked Ms. Wischmann for approaching the Personnel Overview Committee with this issue as everyone has a right to be heard. Mr. Marr encouraged the Personnel Overview Committee to review how Cass County voted on the marriage issue in 2004. Ms. Skogen said it is an issue of redefining "family" in the current policy, not "marriage". Mr. Bennett suggested the subcommittee look at how employees with domestic partners would qualify for benefits. On roll call vote, the motion passed with ten members voting in favor of establishing a subcommittee and Mr. Wagner, Mr. Pawluk and Mr. Berndt opposed. 3. STORM LEAVE POLICY, Personnel staff to review Mrs. Johnson addressed the current storm leave policy. She stated when there is a need to use the storm leave policy; it creates total distress among county employees. The current policy is very open and generous and leaves too many unanswered questions. Under present practices if you are not scheduled to work, out on sick leave or have pre- approved vacation, the storm policy does not apply to you. The City of Fargo uses an hour by hour policy which requires employees to account for every hour, which in essence means if an employee is not at work they must use appropriate leave. The question to be considered is, should department heads deal with the current policy or is there need for it to be further defined? Mr. Montplaisir stated that employees want the policy to be most advantageous to them. Mr. Pawluk said the policy is acceptable as it currently reads, however; a page could be added answering frequently asked questions. Mr. Berndt said the policy could state that department heads must handle each individual situation. Mr. Laney said it needs to be more verbatum than common sense. Mr. Wagner questioned why the county is paying employees for not working. Mr. Laney said that hour by hour accountability would take care of the issue. Mr. Ammerman said this issue was discussed at the department head meeting and it is important to recognize this as a benefit. He said it is unfortunate that outcry from a few would threaten a change in the policy. He said department heads need to handle their employees. He stated changing the policy would create unfairness between exempt and non-exempt employees. Mr. Wagner said this is an issue of equity. The policies are fair and there are reasons that some employees are at an exempt status.