BCC Minutes 09/11/1985 W
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Naples, Florida, September 11, 1985
" (,'LET 1'1' BI REM£MiERED, that the Board of County Comml.uioneu in
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¿,;~1' -:>:,..nd 'for the County of Collier, and also acting.. the Board of zonine;
'~~'.,~.:~p..h and" the 90verninq board(s) of such spechl cUstrl.cU as have
:.~,.t.r'
~c~~~:~.en created accordinq to law and having conducted busine.s herein, .et
,:~',:::p:~,"on this dat. at 9130 A.H. in WOfksbop s...ion in Bulldinq w'w of the
" Courthou.e Complex, East Naple., Plorida, wi th the followine; .elllbers
pre.ents
CHAIRMANI Frederick J. Voss
VICE CHAIRMANI John A. pistor
Max A. Hasse
C. C. wRedw Holland
Anne Goodnight
ALSO PRESENTI Elinor M. Skinner, Deputy Clerk Burt L. Saunders,
County Attorney, Donald B. Lusk, County Manðgef Neil Dorrill,
As.istant County Manager, and Herb Luntz, Per&onnel Director.
MEMDA
Discussion of Pers~nn.l Rules' Regulations
QIMIRAL DISCUSSIOM
Personnel Director Luntz explained, at the County Manager's
request in October 1984, his department reviewed the Personnel Rules
and Regulations for the purpose of streamlining them. He said the
process that was utilized began with a series of meetings once a week
with the Division Administrators cnd the Assistant County Managers,
during which the existing Rules were reviewed page-trh-page to receive
input from the Divisions and Departments. He said the Rules were re-
written, inc~rporating the Administrative input and, after the Division
Ad.iniøtrators and Assistant County Managers reviewed those Rules, a
s.cond revlslon WðS lIIade. He sald the Rules were then reviewed at a
Department level and the Department Heads returned them to the Dlvislon
Adminlstrators who returned them to the Personnel Department. Se said
these reviews covered the time period from October 1984 throU9h March
1985, adding County Attorney Saunders was dlrectly involved in the
reviews, as well as Attorney Jim Blue. He said the Rules were almost
complete when the Garcia decision occurred on 2/19/85, when the Rules
had to be reviewed to make sure they did not conflict wlth the Fair
Labor Standards Act. He referred to the copies of the Revised
Personnel Rules and Regulatlons which the Commissioners had and said
aOOK 089 PAG( 174:
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;~~~"Í',,;~,'DDK 089PAGt175 September 11, 1985
·'~i:!~,!.:~ hll Department tried to cut the or1e;1nal 90 pages to about 70 pag.., to
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:!(~~,:~nclud. a disciplinary procedure that would be easier to administer and
"~~' "~':',. .ore understandable to the employee because it would be published in a
~;:'::": handbook arter the Rules are approved by the Commissioners. He said.,
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, "the employ... will' know if they cOllllllt an offen.. what the penalty is.
Hr. ,Luntz explained the addition of the Civil Trial Commission
which will give the employee an extra step beyond the appeal process
, " once the County Manager makes hi. decision. He said the Commission
:.:J;:;-,.: "~'ons1sta of a group of people who have nothin9 to do with the Còunty
:~~~:f." ,eq:>loye.. but there will be one employee representative. He said Staff
\~'~" primarily has made sure the Rules and Regulations .eet the criteria of'
the Fair Labor Standards Act regarding overtime compensation, standby
pay, callback pay, etc. and has streamlined the Rules to make them
easier to administer and easier for everyone to understand.
County Manager Lusk said these Personnel Rules and Regulations
have no effect on the Constitutional Officers' employees except if the
Constltutional Officers may want to adopt some of them. He said the
Rules affect employees under the County Manager and County Attorney,
basically those employees under the Board of County Commissioners.
Mr. Lusk said that the benefits presented in these Rules are no
different than the benefits the employees now receive, except the ten
lIIinute break has been incre~sed to fifteen minutes. He said there is a
reduction in the education benefits because there was an open polley of
the County paying for any tuition ar.~ these Rules limit tuition payment
to courses that improve an employee's job. He said the Civil Trial
Commlssion was a promise he made when Collier County decertified its_
Union last September. He said this is a process of appeals past the
County Manager which gives the employee job security they do not have,
presently. He said the Clvil Trial Commis8~on would hear issues openly
and fairly and the members would make a decision based on what i8
presented at the session. He said the County Manager and Board of
County Commissioners will approve the Commission membership and the
criteria he would use is someone who has experience in personnel
matters, such as the Porsonnel Director of the City of Naples.
Commissioner Voss said the membership will consist of one
employee, two from other sources and two ~lternates. Mr. Lusk said one
of the three should be an attorney to ensure legal conformity.
Responding to Commissioner Voss, Mr. tusk said he preferred not to
discuss the economic package, this date, adding if the Commls.ioners
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September 11, 1985
¡want to discus. the benefit package he would put .uch .. package
tog.ther to b. discuued at .. later date. He pointed out the.e Rule.
have not changed .ick leave, leave of ab.ens. or salaries froĊ what the'
employee. presently have.
Mr. Lusk .aid Collier coun;y is in competition to hire people and
if, the County is going to hire '90od people it hail to have a package
that makes people want to come to Collier County to work. He said
everything has to be addressed when benefits are discussed.
During A discussion regarding tui~ion benefits, Mr. Lusk explalned
the pròcedure of An employee signing a note before he attends cla.s
which states he will pay back the tuition if he resigns before com-
,pleting one year of service after receiving tuition refund.
CODa or CO.DUCT
Mr. Lusk explained said the Code of Conduct can be pleced in the
Emplojle Handbook and it is as good for the employee as it is for
man§.gement.
Commissioner Voss said it is well to have the Code of Conduct
outlined so the employees will know whac to expect.
Mr. Lusk said the Code gives uni formi ty in punishment.
ADMIMISTRATIVI PRI-'1'ERMlMA'1'IOM BIARIMQ
Mr. Lusk said the ~dministrative Pre-Termination Hearing outlines
a set procedure which will be used all the tim..
County Attorney Sðunders said the procedure in Section 17 provides
a full opportunlty for the employee to air his grievance and to be
heard by impartial arbiters along the way. In answer to Commissloner
Ha.~e, Mr. Saunders said this hearing does not relate to exempt
employees who would not hav. the appeal procedure. He said attorneys
IitOrking for him, Department Heads and Division Administrators wOolld be
exempt.
Mr. Lusk said when a person accepts the role of a management
person he accepts the good with the bad and part of the bad is he may
not fit into the team. He said when that happens the resign~tion of
that person is requested.
Commissioner Holland said he had not seen anything in the Rules
regarding a possible transfer procedure. Mr. Lusk said there is a
section regarding transferring employees, however, reglrding management
people he said it was his hope that the County would hire the kind of
.anaqement people who could utilize the managers under them. Be sAid
he always asks himself if he has a problem with an employee, especially
!OOK 089 P~G( 176
pag e 3
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lOOK 08'9mrl77 September 11, 1985
'in th~ ca.. of a long-term employee, if there il somewhere elle this
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,~," .~loyee can contribute. Commiuioner Holland said if Mr. Lusk wanted
~ . ~to accept that total r.sponlibility he had no problem, however, if Hr.
1)J::~','., ~'~k allowed people under hi. to hire or flre people in supervision ',.
~~~.. . 'i,~ith wholll ho had no direct contact that is where he could ..e a poui-
, ~ility f?r problems to exist. He said if there are grounds to fir.,a
'.ä~'" person he could not see of.fering that perlon the opportunity to resign
. because the perlon could qo to the City of Naples or to Port Myerl to
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r.~~/;,:,: During the ensuing conversation, Mr. Saunderl said it is unfor-
~J';1 tunate if there is an employ.. doing improper thinqs and he resigns so
a hearing process is not neceslary, but when a potential employer calli
regarding a reference the County Manager has to be careful what he
telll the employer so as not tc. violate ,the resigned employ'!es' rights
which would subject the County to a liability.
PRK-KMPLOYM&MT PHYSICALS
Commissioner Voas said pre-employment physicals are a good idea,
with which the other Com~iasioners agreed.
COUNTY MAMAG&R'S RIGHTS
Mr. Saunders said Staff took the same language out of the origlnal
Union contract for the section regarding County Manager's Rights to
lIIaka it clear that the Manager has every other right to manage unless
it is Ipecifically stated otherwise in the Rules.
OUTSIDI IMPLOYMIMT
Commissioner Holland asked if the situatIon of a rounty employee
holding two County jobs at the same time has been ~limnated? ASlis~
tant County Manager Dorrill explained some EMS peopl" work part!tlme
for the County and full-time for the Sheriff's Department. He used a
dispatcher as an example. He said the Constitutional Officers have
thelr payroll and the Boðrd of County Commissioners have no control
over that payroll.
During the ensuing discussion, Commissioner Voss pointed out there
is a difference between a County ~ployee working for a store full;time
and for the County part-time. He said what is to be avoided is an
employee drawing two checks from the Board of County Commissioners.
LltAn or MSINCI
Mr. Lusk explained this section gives the County Manager the
opportunity to grant a leave of absence without requiring the employee
to use up his sick leave. Respondinq to Commissioner Voss, he said the
pag e 4
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September 11, 1985
f' ;majority of requ~sts from a prob4tion~ry employee for a leave of
f~ '.... absence would not be approved.
WORK aRDX
Mr. tusk referred to the increase from 10 minute. to 15 minutes
for work breaks twice a day and said that amount of time has become the
.
commo~ practice, now. .
OY&RTInl PAY
Mr. Lusk said the section on overtime pay follows the law.
.IPOTISM
Mr. Lusk laid there are some married EMS personnel working for the
County, however, it is important to make sure that one of the couple is
never promoted to a .upervisory position over the other. He described
one ca.e where a legal agreement wa. .igned that the couple would not
be promoted unless the County Manager approved it and that he could
turn it down based solely on the reason that this is a married couple
and _the couple can not sue him.
Commissioner Pistor said the Rules refer to employment of rela-
tives. Mr. Lusk said this section is a general statement that the
County is opposed to employment of relatives but lt gives the flexi-
bility to allow it when it is necessary.
AMMIVIRSARY DATI
Commissioner Pistor referred to the followlng sentence I
WEmployees who are rehired will begin a new anniversary datew. He said
the County has lost employees who it would like to r~hire. He said he
has worked at companies where, if a good employee i~ hlred back and
stays six months, his anniversary date reverts back and includes his
previous employment time.
Mr. tusk said there is no problem with the State pension program
becau.e if an employee i. hired by another city who belongs to the
State pension program he retains his employment already in the program.
He said if a person worked for a firm that is not a member of the State ,,'
pension program he would lose the time he works for that concern In hi. ~
retirement plan.
Commissioner Hasse ~sked, if someone leaves County employment on
the basis of retlrement and then decides to work for the County again,
would that person receive his pension as well as a paycheck? Hr. Luntz
said if a person leaves for more that 30 days he would come back as a
new employee and begin a new probationary period. ae said he would
have to check to see if that person would receive a pension, as well.
.
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08'9 PAGE 178
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'DDK 08'9mr.179 S.ptember 11, 1985
Commissioner Hollan~ described a similar situation and sald the
p.rson would not r.ceiv. a pen.ion. He saið at the time the p.rson
'<:". retire. again hi. pendon 1arecolllput.~ becauu he hu lIIore service In
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'~:..'" .. . A d hcusaion follo.....d regarding uniority during which Comml.-
aioner Voss said he did not want anything in the Rules ....hich requlre
that the County has to promote on the basis of seniority.
Mr. Saunders said, regardlng transf.rs and lay-offs, seniority is
a factor but it is not the only fact~r. He said seniority n.eds to be
defined because the term is us.d. Mr. Lusk said that seniorlty'is a
factor but the County is not bound by it and there was no place in the
Rules where seniority is the criteria, to his knowledge.
COKPIMSATORY TIMI
Commis.ioner Pistor asked which employees would receive compen-
satory time?
***Commissioner Holland left the room at 10132 A.M. and returned
at 10:44 A.M.*** '
Mr. Lusk said Staff could 9iv. the Commissioners a list of those
people who will recelve compensatory time. Commission.r PIstor said
the list of people should be in the Rules so people will know who is
eligible. Mr. Lusk said the people are eith.r eligible for compensa-
tory time or they receive overtim., adding there is no in-b.tween.
Mr. Luntz said the .xempt list includes the professional, admlni-
strative and executive groups and was compiled in conjunction with Mr.
Blue's office to match the Falr Labor Standards Act. He explained all
the Department Heads plus the County Attor¡leys are exempt from ov.r-
time. He said compensatory time to that group is a privilege 9rant~
by the County Manager if he wants to glve it. He said the professional
and administrative groups include the two Executive Secretaries, the
Secretary to the Board, a buyer, the Administrative Assistants,
Personnel Specialists, EMS Billing Coordinator, Engineers and Planners
and th.y were exempted from overtime. He said these people will
receive compensatory time and must maintaln a log and complete a form
requesting compensatory time which must be approved by the Div;si¿n
Administrator and the Personnel Office.
PROBATIOIIARY EMPLOYEI AMD PROBATIONARY STATUS
Commissioner Pistor said th.se two items seem to be redundant.
Mr. Lusk said these items define words.
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~n;~·~'~::; '. ' Comllliuioner Pistor sU9guted having two employee evaluations, on.
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~t,".;.è¿'··'an actual evaluation and the second a discussion at .ix month intervals
~t~fj'}::~in9 the ellploy.. how he 18, performing.
~';''''~,;;'''' Hr. Luntz said, currently, there is an option to perform Spe71al
~~"""£Valuations anytime it is necessary. He sdd Commissioner Pistor's
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'", sUIjJgest10n tfOuld be an adminhÙative policy as opposed to something in
the Rules. He said he would not want to be tied to two evaluations in
a year. He explained Departments are doing Special Performance Evalua-
tions ?n sub-par employees at the present time, at which time, the
indlviduals are counseled as opposed to disciplined. He said i~ sOllie
cases when a Special Performance Evaluation is done a 90 day review is
set to find out if the person has changed.
Hr. Lusk sU9gesteð that 'Department Head. could be encouraged to
review any employee who is not going to have a satisfactory rating
three months before his regular evaluation. He said this would accomp-
lis~ Commissioner Pistor's goal of telling an employee that there is
need for improvement but would not make the Supervisor do evaluations
that are not necessary for the good employees.
Commissioner Voss asked Mr. Lusk to consider evaluating employees
after six months without going through the entire evaluation form and
put it in the administrative procedures.
Commissioner Pistor said pointing out to an employee where
Improvements are needed in his performance would be beneficial and
might ellminate the necessity to hire more help if employees are
encouraged to work at peak performance.
During a discussion on merit increase, Mr. Lusk said
increases are received based on whatever percentage point
scores ln hiå evaluation.
CALLBACK PAY
September 11, 1985
that merit
the employe.
In response to Commissioner Pistor, Mr. Luntz said that Attorney
Blue helped re-write the paragraph on callback pay.
Commissioner Pistor questioned the following statementl -This
rule shall not apply to any callback which occurs within two hours of
the employee's regular starting time: in such clrcumstances, actual
time worked will be paid-. He asked, if a person is called in,two
hours early and works the entire day, is he is allowed to leave two
hours early? Hr. Luntz said the person would be entitled to overtime
if he works 40 hours in a week and is called back for two hours.
eOOK 089 pm 180
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c: During the discuuion that followed, Mr. Lusk said that if a
person is call.d in two hour. before work begins he would be paid for;
that amount of time and Commission. 0 Pistor said h. did not und.rstanð
'the Rul.s as statin9 this. ,
Mr. Oorrill said añ .xample of this sltuation would be in the
Utility Division wh.r. people are subject to callback for meter r.pairs
'and if th.r. is a call at 7100 A.M. that would b. within two hours
b.for. the employ.. would normally be91n his work day at 8100 A.H., but
the reason h. is call.d in at 7tOO A.M. does not guarantee the p.rson'
two hours worth of callback pay.
Commissloner Pistor said if a person is called in two hours ah.ad
of time the per30n would rec.lv. two hours straight time pay, but Mr.
Luntz said if the person works over 40 hours in a seven day work we.k
,the rat. would b. time and a half.
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Commiøslon.r Holland agreed with Commløsioner Pistor and add.d if
a person ls called in there ought to be some way of that person being
paid for the inconvenience or, chang. in their working schedule. After
a ahort discussion, Mr. Lusk s~id Staff would review the call back pay
section.
Commissioner Hass. asked if a part-time employee is called in
would he receive time and a half for two hours? Mr. Luntz said until a
person r'Iches 40 hours in I seven day work ~.k time Ind a half i. not
paid. Mr. Lusk explained Library employees work on Saturday and on
Sunday people work in the Utility Division which ls why there is a
s.v.n day week. Mr. Dorrill said the employe. do.s not work seven
days, but haG Monday and Tuesday off if he works Saturday and SundaYT
STAIIDBY PAY
Commissioner Pistor questioned the two hours Standby Pay? Mr.
Luntz explained a situation where an employe. is told to stay near a
telephone because he may be needed and, at that point, that individual
will be guaranteed his rat., for example $5.00 an hour. H. said, if
the person is not utilized, the $10.00 for two straight time hours is
divided by 40 hours whlch results in one-quarter of an hour added into
the person's base rate. He said this section was developed by Mr.
Blu.'s offic..
Commissioner Pistor ask.d if the per~on has to remain at home in
this Standby Pay situation and Mr. Luntz responded affirmatively,
adding this is not so-called -beeper time- which would allow an
individual to go out of his home.
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September 11, 1985
Hr. Lusk said if the County wants a man to stay at home because he
!a.y be needed there ls an obligation to pay him for two hours. Hr.
, ,
'"Dorrlll described a possible situation during a tropical storm when a
.';person lIIay be needed to open weirs as an example of this type of
·~.tandby work.
In answer to Commissioner "olland re~ardlng night budget hearings,
Hr. Lusk said that exempt employees are used and no overtime i8 paid.
Ke said a supervisor has the ability to tell an employee he i~ on
standby but Department Heads watch to see it Is not abused.
A.dlscussion followed regarding the helicopter pilot during which
Mr. Dorrill sðid he is an exempt employee. He said in the past several
weeks while the helicopter has been repaired the pilot has performed
all the maintenance on the other helicopter.
AJOrUAL LEAVE 1M IXCESS or 240 lOURS
Commissioner Piator asked if Staff is not trying to encourage
employees to take a vacation every year and Mr. Lusk answered afflrma-
~ivrly. H. said there are some cases when it is difficult for a person
,to take his annual leave and this is what causes the ability to obtain
approval for build up of more annual leave.
Commissioner Voss referred to the paragr~ph that states the
employee agrees in writing to take annually at least 80 hours of annual
leave during any year in which the employee's accrued annual leave
exceeds 240 hours ðnd fail~re to do so will cause automatic loss of
annual leave. He asked how an employee could accrue more than 240
hours?
Hr. Luntz explained 360 hours applies to the EMS employees who
work longer hours and thelr accrual is different. He said the County
Manager can approve additional hours but it has to be special circum-
stances.
which he is familiar,
is put in writing that
He said the idea is to
Commissioner Voss said in the companies with
if an employee does not take his annual leave it
he is going to accrue it otherwise he loses it.
make people take their annual leave.
Commissioner Holland agreed with
person ought to take his annual leave
for it and start over again.
Mr. Lusk said there is a problem with paying for annual leave
because it is not budgeted. Commissioner Holland said the money could
be put in the person's termination pay and Mr. Lusk said that is being
Commissioner Voss and said that a
or at the end of the year be paid .-
&OOK 089 PAr.( 182
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September 11, 1985
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In response to Commis.ioner Holland, Mr. Saunders said that the
Rule. require that before an employe. can take annual leave he has to
.obtain approval from his supervisor so that it does n~t interfere with
the work of the department~ He said the Court would have no problem
enforcin9 that, but would say that an employee has a right to take hi.
annual leave at a time that is convenient for the employer.
Commissioner Holland referred to instances in the City of Napl..
where employees built up 10 and 12 weeks annual leave and took it all,'
at one tlme and there was no legal way to stop it.
Commissioner Voss said the purpose of annual leave is to make a
person take a vacation and annual leave should not accrue excessively.
He said a person has to have approval of the County Manager not to take
his annual leave and that there should be a limit as to how lo~g the
, .
Manager can approve it. He said there should be a two year maximum for
a person not to take a vacation.
A discussion followed regardlng annual leðve being turned into
sick leave, and Mr. Lusk said that is a penalty put on an employee if
he does not take his vacation. He said when a person leaves County
employee he receives 20\ of his accrue~ sick time but he receives lOOt
of his vacation time and n~ employees want their vacation days turned
into sick days.
Mr. Lusk said it might be helpful to have an administrative policy
where the County Manager states he expects an employee to take hls
~hree weeks vacation every year and if the hours are not used they are
to be approved by the County Manager. The Commissioners agreed.
ACCRUAL or SICK LEAVI
Commissioner pistor referred to the statement that employees may
accrue an unlimited number of sick leave h~ur. thr~u9h~ut their County
career. He asked what control there is if à p.rs~n works for the
County for ten years and accrues 30 weeks sick leave, decides to leave
and -gets awfully sick- and takes off six months? Mr. Lusk said a
person could be required to furnish a certificate from the doctor,'
adding that the County does not automatically have to pay that six
months pay.
A discussion was held regarding conversion of slck leave to annual
leave if the slck leave is not used, and Mr. Lusk explained this is an
attendance incentive plan to encourage people not to take sick days.
He said the County saves money with this program by the employee not
Page 10
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;.~usin9 his sick days.
Com.isaioner Hðlland said he is a. opposed to people building up .
a. he is to buildine; up vacation pay. He said if an employe.,
work and does not use insignificant reasons to stay home there
, are .any companies and municipalities who give a one day b~nus to
people who do not take sick leaýe during the year. H. said he is in
favor of a person being paid lf a County doctor states a person i.
sick.
PIRSOMAL LEAVI
Commissl~ner Pistor said he did not know Personal Leave existod.
Mr. Luntz explained a person cannot use a Personal Day to go to the
beach or add it to his vacation time. He said if a person has to se. a
lawyer or close on a house or do anything not covered anywhere in the
Rules, that is Personal Leave. He said it is strictly for buslness
needs and employees are paid for that day.
Mr. Lusk said he tried to eliminate the two Personal Leave Day.
and give one extra annual leave day, however, the employees to whom he
'spoke had a problem with that. He said he found that Personal ~ave is
very important to amployees.
Mr. Dorrill said that Personal Leave cannot be accrued if the time
is not used during a year.
.JURY DUTY
Commissi~ner Pistor asked if the County pays an employee that is
on jury duty. Mr. Lusk said the employee is paid full salary and he
keeps any fee he is paid for the jury duty.
Mr. Dorrill said that the County used to require that employees
pay the County whatever they received for jury duty but this was
changed when ,a number of employees were required to sit on Federal
Grand Jury in Miami. He s.id this was an inconveniftnce for the
employee to drive to Miami every day and it was decided to allow the
employee to keep whatever money he received from the Court.
Commissioner Voss said that Mr. Lusk would put together a benefit
package for the Commissioners to consider at a later date.
*
*
*
There being no further business, the meeting was adjo!Jrned by
Order of the Chair - Time: 11:30 A.M.
aooK 089 PAGE ï84
Page 11
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