Special Municipal Employees (10 minutes) vote required

Transcript (~9 min @ 29:45)

Speakers identified by voice; unnamed voices are numbered within this recording. Auto-caption text — verify against the video.

▶ 29:45 Speaker 4: Seeing none, we'll move on. Um,

▶ 29:52 Jennifer McAndrew: next up, um, Ms. Linquist, do you wanna join us at the table? We have a, um, memo in the packet regarding, um, special municipal employees. Um, and Ms. Linquist can, um, discuss this further just by way of background and for the community. Um, as everyone knows in Melrose and throughout the state and the country, um, we are seeing, um, employment shortages in the district, um, in education and in other fields. And, um, the superintendent, Ms. Linquist, the committee, um, the city side, are all been looking for creative ways to try to fill as many positions as we can. And so, one option before the committee for discussion tonight is to consider granting special municipal employee status to certain categories of positions. Um, particular part-time positions that might allow people to take on more than one part-time position in the district in order to fill a critical need. Um, Ms. Linguist will correct me or add to that, please.

▶ 31:00 Speaker 6: Um, so I apologize for my voice, but I'll do my best to speak. So under 2 68 A, which is a state ethics law for all that applies to all, uh, municipal and state employees, um, there is what's called special municipal employee, which allows the city council to deem certain positions. So it's not per person, it's per position as a special municipal employee. And this makes the state ethics law less restrictive to those positions. So under the state ethics law, um, section 20, you're not allowed to hold more than one position with, um, a municipality. And there's all types of exemptions. And, um, it's less restrictive if you work for two different departments. So like a fire department employee that wanted to do a part-time position in the school department is handled differently than a school department employee that wants to do another position in the school department. So what we're finding is some of our part-time positions like crossing guards, food service, um, they, you know, a crossing guard works an hour in the morning and an hour and af in the afternoon, and they have their middle of their day open. And they've been looking to maybe pick up and be a food service provider or even work at one of our education stations programs after school by deeming them special municipal employees will allow them to do that. We're currently, um, they can't do that under the state ethics. Um, this has to, again, has to be voted by the city council and then it can be rescinded at any time. It not only makes that section 20 less restrictive, but it also makes, um, section 17, which is a section like acting on behalf of others. So that is the risk here, um, that this will also allow them, once they're deemed that designation, they then can also come before to board a commission and act as an agent. This, I worry about this more, um, with positions, um, with some of our boards or commissions where people have a private practice such as an architect, a real estate agent, an attorney, than I would with the positions that we're looking here to deem. And you'll see that we already have five, um, different positions that are already deemed to be special municipal in Melrose, which is a BB estate trustees, um, the licensing commission in the, in the school department. We have, um, the equipment manager and assistant varsity coach. And I'm guessing that those happened before those were part of the, um, MEA contract. And the other reason could be that, that would allow, so those positions are only in the unit a contract, but this would allow for like a unit B, a unit C, or a non-union member to do, to do those positions too. If no one from unit A applied, um, planning board member, his, his historic district commissioner. So basically we would be adding under number three these additional positions or asking the city council to vote to add those additional positions.

▶ 34:06 Jennifer McAndrew: Thank you, Ms. Linquist. And just to, in, just to name them, that would be cafeteria worker, education station, site coordinator, education station's, assistant site coordinator, education station's, instructor education station's, team lead, crossing guard, and athletic trainer.

▶ 34:24 Speaker 2: Ms. Driscoll, uh, for

▶ 34:25 Speaker 6: Purposes of discussion, I make a motion to approve. Second.

▶ 34:29 Jennifer McAndrew: Thank you. There's a motion to, in, just to be clear, the motion would be to request that the mayor ask the city council to temporarily grant special municipal employee status to those positions.

▶ 34:39 Speaker 4: Very good. Excellent.

▶ 34:40 Speaker 6: Right. And then I think we would recommend that this get reviewed on an annual basis about whether we wanna ask that, that be changed, um, as the staffing changes. 'cause again, it does add a little bit of liability to the district by deeming these positions. Excuse me.

▶ 34:57 Jennifer McAndrew: Thank you. Um, discussion on the motion. Mayor Broder,

▶ 35:00 Paul Brodeur: Uh, just a couple things. The, um, it, we shouldn't say it's temporary 'cause it's not really, it's the, the, once the city council votes, it presumably it takes mayoral signature, like a regular order. I assume it's a majority vote. Not a, um, not a super majority. Um, those live until they are rescinded through the same process. Mm-Hmm. And you would have, and again, so it goes to the position, not to the individual. And interestingly, um, I think, don't hold me to this, that, of the, um, special employee statuses that are on, on the city side, none of them are currently of consequence. Meaning there is no one currently currently serving that needs those. So, and yet they still exist. So that mm-Hmm. And I don't re I, I didn't do any of them. I don't remember why they're there, but I can think of very reasonable and plausible reasons, um, why that would be the case. But again, it, it's not once, once we do this, and this is fine, it's just as an explainer, it, it, it continues to not go to the individual meeting. If someone's being considered for the planning board and they work, um, in the city as something else, whatever it might be, it is not a situation where one could go, oh, we don't want it for that person. It goes, I mean, obviously still subject to city council approval of that individual nominee, but that's kind of, that's kind of part of the deal, um, if you will, that can stop. And what was the other thing? Oh, um, I am, um, and you know, for the next level, the office of the mayor, I'm sure would be happy to accommodate any of these requests because we do it, in my case, we do it with advice of, uh, of council. Um, I do not believe the mayor has to, but I would check, in other words, the city council can of their own volition or any individual counselor can, can make that motion. I mean, obviously it would be best to have everyone kind of on the same page going into the process. But just another thing to keep in mind, um, as we move to implement this for any particular job category.

▶ 37:31 Jennifer McAndrew: Thank you. That's very helpful. Um, so just to then rephrase the motion, we'll strike the word temporarily, if that's okay, Mr. Skoll. And the motion would be, I think here the idea would be that we would like you to make their request on our behalf. Sure. Um, the motion to request that the mayor ask the city council to grant special municipal employee status to the positions that I listed, including crossing guard education stations, cafeteria worker, and athletic trainer. Any other questions or comments on the motion?

▶ 38:02 Speaker 4: Seeing none. All in favor?

▶ 38:05 Jennifer McAndrew: And that motion carries with six in favor and one absent. Thank you Ms. Lindquist. And that concludes e, p, and P for tonight. Thanks everybody.

▶ 38:17 Margaret Raymond Driscoll: Thank you Ms. McAndrew. Next on our agenda is the policy and planning subcommittee. Ms. Desel.