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Tuesday, September 15, 2015
For all my City Folks...FYI from Ed and Jose
From: Edward Sisson
[mailto:ESisson@cityofpensacola.com] Sent: Friday, August 21, 2015 4:46 PM To: Directors Subject: Questions from Key Management Meeting Answered....
Hello and Happy Friday Colleagues,
During this month’s key management meeting, there were three
questions I was asked during the presentation that I did not have the answers
to at that point or required additional research. As a follow up, the questions
are listed below along with the responses:
1.Is it considered to be overtime, if an employee
works for the City, but in a different capacity? (Ex., if a secretary decides
to do extra work by helping with a Wahoos game).
I spoke with our Employment Attorney regarding this
matter and the answer is….it’s kind of a gray area. If the work completed is
considered to be clearly in a different capacity and occasional /sporadic, then
the time would not need to be counted as OT hours. On the same note, if this
employee works a Wahoos game every week, or once a month or with any type of
frequency, then the extra work would not be considered intermittent and
irregular employment within the meaning of the law.
2.Can an employee or their union representative
record investigative sessions?
During an investigative sessions, the meeting may ONLY be
recorded if we as the employer permit it (which we should not). These sessions
are not public meetings, and are instead personnel actions meetings. The union
representative may be present merely to act as a witness for the employee and
does not right to ask questions during the meeting. As I mentioned during the
presentation, when you conduct any investigative session or rendering of
disciplinary action, you will want to ensure that you have a witness present
for your protection (regardless of whether the employee requests a union member
be present or not). I recommend there be two members of management present, and
detailed documentation of the meeting taken as back-up.
3.Will the “clock” reset for temporary employees
currently working through one temp agency, if/when they are shifted to a new
temp agency as we get aligned with our recently completed RFP for temp
services? This time period is typically 12 weeks from the first day the
employee works for us through an agency, that we must wait before we can hire
the employee as a regular City employee.
I have spoken with both of our “primary” winners of the
RFP (Keegan and Landrum) and they have both assured me that the “clock” will
not be reset.
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