Budget Review Committee
May 28, 2013
Page 2
Minutes
BUDGET REVIEW COMMITTEE
April 21, 2015
Members Present: Chairperson Berry Henderson, Mayor Pro Tem Evelyn Turner Pugh
and Councilors R. Gary Allen, Mike Baker, Jerry ?Pops? Barnes, Tom Buck, Glenn
Davis, Judy W. Thomas and Evelyn ?Mimi? Woodson. Councilor Bruce Huff arrived
at 9:13 a.m. Also present were Mayor Teresa Tomlinson, City Manager Isaiah
Hugley, City Attorney Clifton Fay, Finance Director Pam Hodge, Clerk of Council
Tiny B. Washington and Deputy Clerk of Council Lindsey Glisson.
Members Absent: No one was absent for this meeting.
Call to Order: Chairperson Henderson called the meeting to order at 9:04 a.m.
in the Council Chambers, 2nd Floor, of the City Service Center.
The following documents were distributed around the Council table: Responses
to Questions and Requests made at the April 14, 2015 Meeting, Recommended
Position Reclassification Descriptions, FY14 Recreation Center Participation
Numbers, U.S. Department of Labor FLSA Fact Sheets (2), Work Period Maximum
Hour Standards (Fire Protection vs. Law Enforcement), 1986 Inter-Office
Communication on FLSA
Provided below is a summarization of presentations outlined by the
respective Department Head that highlights the impact of the 1.5% budget
reduction, as well as, any suggestions or recommendations made to the Budget
Review Committee.
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Chairman Henderson informs the public, according to the City Attorney
and Mayor Tomlinson, the City has received several Open Records Requests
regarding the lawsuits, as it pertains to the cost associated with them.
Ultimately these costs are at the expense of the taxpayers of this City.
City Attorney Fay reiterates there have been several Open Records
Requests for the total defense cost involved in the ongoing budget litigation
with the Clerk of Municipal Court, Marshal, Clerk of Superior Court, and
Sheriff. The total cost to the taxpayers is $478,600.50 to date. At this time
the following presentation was given to the committee:
________________________________________________________________________
BUDGET LITIGATION DEFENSE COSTS
Linda Pierce John Darr Countryman/Bishop Date
$70,078.90 $11,391.00 $58,827.35 8/31/14
1/6/15
$28,191.34 $31,343.35 1/14/15
$15,839.51 $18,700.12 1/14/15
$54,988.60 1/18/15
$31,898.36 2/2/15
$6,014.20 2/2/15
$26,015.27 2/11/15
$71,723.04 2/13/15
$1,839.00 3/2/15
$17,290.00 3/2/15
$9,134.06 3/9/15
$3,225.00 4/1/15
$2,034.64 4/1/15
$11,830.28 4/8/15
$3,768.40 3/31/15
$4,468.10 3/31/15
Total $217,754.88 Total $111,603.61 Total $149,242.01 4/16/15
Grand Total $478,600.50
________________________________________________________________________
The plaintiffs in these lawsuits have hired a combination of about five
different private law firms. The City has had to engage three different law
firms in defense of these matters, to include the time put in by the City
Attorney?s Office, Mayor?s Office, City Manager?s Office, and Council.
City Attorney Fay then gave a few brief specifics, if the grand total
was to be divided by $250 an hour that would equal close to 2,000 hours of time
spent by attorneys and City Officials. In the beginning of these lawsuits, the
offer was extended to the Sheriff John Darr and Clerk of Superior Court Linda
Pierce to participate in mediation, where the City offered to pay their
attorneys a statutory rate of $250, but they were declined.
Clerk of Superior Court Pierce has hired three different private law
firms to represent her in the past two years. The question before the court is
does the legislators set the budget, appropriating money for all City
departments, to include elected officials or do elected county officers get to
set their own budgets. With setting their own budgets the elected officials
would have the opportunity to proceed without any deliberation of the City
Council.
The Clerk of Superior Court?s attorneys have stated in court during
their proceedings, the Clerk as a Constitutional Officer is an Island, she sets
her own budget, she is a Budget Officer, and she is her own unit of local
government. City Attorney Fay states, this is not the law in Georgia. He said
he is confident that the City?s position will prevail in Superior Court and in
appeal in the Georgia Supreme Court.
With these lawsuits being watched statewide, they will ultimately
determine whether the legislators across the State of Georgia set budgets for
their municipalities or if they will be allowed to be vested by elected
officials who are demanding a certain amount of money.
________________________________________________________________________
Cost Factors
? Legal Expenses Were Caused By The Filing of the Lawsuits
? Plaintiffs Darr and Countryman Invoked ?Conflicts? With City?s Outside Legal
Counsel
? Plaintiffs Requested ?Expedited? Treatment Requiring Many Months Of Work In A
Few Weeks
________________________________________________________________________
Mayor Tomlinson stated, the Elected Official Litigants have mentioned
several times the amount of money the City has spent defending these lawsuits.
She wanted to point out, had the City not been sued, they would have spent zero
in defense costs. Another important point, $100,000 to $150,000 of what has
been incurred is due to the fact Sheriff Darr and Marshal Countryman invoked a
Conflict against Page, Scrantom, Sprouse, Tucker & Ford Attorneys because the
taxpayers were already paying their defense; one being in a Gender
Discrimination Suit, which Sheriff Darr lost at a trial level and was on appeal
before the 11th Circuit Court of Appeals; the second being, an EEOC Claim that
Marshal Countryman had in regard to a personnel dispute with an employee.
Because the taxpayers were already paying for their defenses, they
strategically asserted a Conflict. Even though these defenses are not related
to the budget, the filing of a Conflict forced the City to hire another law
firm for their defense. When the elected officials first filed these suits,
they all filed them for Expedited Treatment or Emergency Treatment.
Mayor Tomlinson stated, because the officials failed to meet with them
at the outset, the plaintiff?s attorneys were unaware of a large amount of
facts and materials. Since then, they have filed eight amended pleadings, in an
attempt to light on something that was listed as a claim. Each time these
plaintiffs file an amended pleading, the City?s attorneys have to respond in
full, which takes many hours, this has exponentially added to the cost.
________________________________________________________________________
Cost Factors (cont.)
? Plaintiffs Have Filed 8 Amended Pleadings, Plus Motions, Requiring written
Responses
? We Offered To Mediate Prior To Plaintiffs? Commencement Of Lawsuits, But Were
Ignored
? Can?t Afford To Not Defend Lawsuits- Request Blank Checks
? Elected Officers Want Taxpayers To Pay Their Attorney?s Fees
________________________________________________________________________
In the past the City?s attorneys have met for mediation with the Clerk
of Superior Court?s attorneys to share information and evidence they had, to
which her attorney?s declined to move forward with any proceedings. Mayor
Tomlinson stated, she believes the same would have occurred had the officials
agreed to meet in the beginning, which would have saved the taxpayers a
significant amount of money.
She then goes on to say, the City cannot afford to not defend these
lawsuits. As the City well knows, the Sheriff has been $11.3 million over
budget in the last six years. If elected officials are allowed to set any
budget they wish, it could very easily bankrupt the City, as we are currently
at 60.3 days in the Reserve Fund. The Administration firmly believes they are
exercising in strict accordance with the Charter and State Law, but if their
claims come to be correct, the City will definitely need State guidance because
that will have been something that has never been done before in the history of
the State of Georgia.
The cost given today is just the City?s cost in defense of these
lawsuits. These parties are requesting that the taxpayers fund their attorney?s
fees as well.
Chairman Henderson stated, the City has settled on lawsuits in the past
when it has been economically feasible to the taxpayers. These lawsuits will
determine how all other municipalities in the State of Georgia will be forced
to handle their budgets, especially in difficult economic times.
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At this time Councilor Davis made a request for a discussion to be held
at a regular Council Meeting, in regard to the parking issues at the City
Service Center.
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Finance Director Pam Hodge then called upon the list of departmental
presentations scheduled for this meeting.
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DEPARTMENT PRESENTATIONS:
FIRE & EMS DEPARTMENT:
Chief Jeff Meyer, approached the rostrum and addressed the two ambulances
included in the Mayor?s Recommended Budget for a cost of $510,000. In the past
he has addressed Council in regard to the need for investments in Emergency
Response Vehicles. He is hoping with the proposal that is going to be presented
today, his department will be able to leverage the $510,000 for ambulances into
something more long-term that will meet the emergency needs of the City.
At this time, Deputy Chief Mike Higgins gave the following presentation:
________________________________________________________________________
10 Year Information
Population Increased ? 8%
Responses Increased ? 52%
Revenue Increased ? 75%
? Fuel Usage and Repair Costs have Increased In Relation to Population and
Responses
________________________________________________________________________
Chief Deputy Higgins explained, over the past ten years, the population
has grown by 8%, the responses have increased by 52% and the revenue generated
by these responses has increased by 75%. In a year the department is up to
60,000 responses.
________________________________________________________________________
Vehicle Information
77% of the emergency fleet is 10 years old, 100,000 miles or both
? 8 of 13 Engines
? 5 of 6 Ladders/Quints
? 2 of 2 Squad/Service Trucks
? 9 of 10 Ambulances
________________________________________________________________________
Emergency Vehicle Replacement
Option One
? Mayors proposed FY16 budget
o 2 ambulances $510,000
________________________________________________________________________
With the Mayor proposing $510,000 for two new ambulances, the
department has looked into utilizing that money for other uses.
________________________________________________________________________
Emergency Vehicle Investment
Option Two
REPLACE 25% OF THE FLEET
? Lease Purchase (estimates)
o Three Engines - $164,796 (10yrs)
o Four Ambulances - $141,650 (5yrs)
o One Ladder/Quint - $111,222 (10yrs)
o One Service Vehicle - $83,567 (10yrs)
o Total - $501,235 Annual
________________________________________________________________________
In utilizing the proposed money in a different way, it would allow the
department to replace 25% of its fleet this fiscal year. Through a Lease
Purchase Program, at a cost of $501,235 over a ten year period, the department
could replace 3 engines, 4 ambulances, 1 ladder/quint, and 1 service vehicle.
On average an ambulance accumulates 100,000 miles a year and they tend
to stay in the maintenance shop quite a bit, this is the reason they put a life
expectancy of 5 years. Currently, the department has 9 out of 10 ambulances in
operation.
________________________________________________________________________
Emergency Vehicle Investment
Option Three
REPLACE ENTIRE FLEET
? Lease Purchase (estimates)
o Thirteen Engines - $714,116 (10yrs)
o Seven Ambulances - $247,888 (5yrs)
o Six Ladder/Quint - $667,332 (10yrs)
o Two Service Vehicle - $167,134 (10yrs)
o Total - $1,796,470 Annual
________________________________________________________________________
During the first year of the Lease Purchase Programs, there are some
companies that give organizations the option where they will buyback the
current vehicle inventory.
________________________________________________________________________
Recommendations
? Approve Option Two
o Emergency Response Vehicles $501,235
o Utilize this program over the next 4 years to replace entire front line fleet
? Adjust the CCG Fire and EMS Strategic Action Plan to Budget for future needs
________________________________________________________________________
The department?s recommendation is the Option Two, at $501,000.
Approval of this option will allow the department to have a Vehicle Replacement
Program, which would replace the entire fleet over 4 years. The first and
second year, the cost would be $501,000, and will reduce each year after.
In response to a question asked by Councilor Davis, Chief Deputy
Higgins states, each cost associated with Option 2 & 3, includes $60,000 in
equipment. Chief Deputy Higgins then explains the differences between the cash
purchase and lease purchase options to replace their vehicles.
In response to a question from Councilor Thomas, Mayor Tomlinson
stated, with the Mayor?s Recommended Budget being provided early this year,
her office was unable to get the leasing information that was obtained by the
Fire Department. Had she had this information available at the time, she most
likely would have recommended a lease option to Council to replace the
emergency vehicles.
Chairman Henderson addressed Councilor Thomas in reference to the
process that would add the request of the Fire Department.
At this time, Councilor Thomas opted to include the Lease Purchase
Program presented by the Fire Department to the Add List and to put the Mayor?s
Recommendation, the purchase of 2 ambulances on the Delete List.
Councilor Woodson asked Finance Director Hodge if it is feasible to
split the $501,000 into two parts, allowing Council to come back at mid-year to
re-evaluate, since there will be other departments coming forward with
requests. Director Hodge responds by saying, the expense is already included in
the budget.
After some discussion, Chairman Henderson made a referral suggesting to
the City Manager that the Vehicle Committee reconvene.
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ENGINEERING:
Engineering Director Donna Newman, approached the rostrum and stated she
was coming before the Committee to present two items. One item is the critical
issues the Engineering Department may face in the future and the other item is
to answer any questions in reference to the reclassification that is included
in the budget.
Director Newman stated, over the past few budget years, there have been
several positions continuing to be unfunded in the Traffic Engineering
Division, all of which are General Fund Positions; these unfunded positions has
made the department unable to plan for the future. She then goes on to explain
the constant change in technology as it is associated with Traffic Engineering.
The main concern is the vacant positions and not being able to bring
people in who are knowledgeable about the technology that is required. There
are some very important personnel that are coming up for retirement in the near
future.
In response to a question asked by Councilor Woodson, Director Newman
stated, if she had to pick just one position to fill this fiscal year it would
be the Traffic Signal Technician.
At that time, Councilor Woodson asked for the Traffic Signal Technician
position to be placed on the Add List.
City Manager Hugley stated, when an item is placed on the Add List, as
indicated by Chairman Henderson, there needs to be an offset for the cost.
Chairman Henderson, in response to a question asked by Mayor Tomlinson,
stated, Council needs to look through that department?s budget and determine
what should be considered a priority and what is not to offset the cost of the
additional items.
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INFORMATION TECHNOLOGY (IT):
Director Dr. Forrest Toelle, approached the rostrum and stated he does
think the proposed budget is adequate. There are several issues that Dr. Toelle
wanted to bring to the attention of Council. The issues are there is no
contingency if the main system was to be out of commission and there is a
vacant position in IT that will need to be filled in 2017.
The position that was granted was originally graded at a Pay Grade of
G19, since then, the position was sent to the University of Georgia, where it
was then assessed at a G21.
There is $1 million needed for the City?s Microsoft Licensing, which is
not reflected in the IT Department?s Budget. At this time, Director Hodge
stated, based on preliminary information, she believes there will be excess
funds from other departments for FY15 to cover this expense. Director Hodge
said, in FY16 staff will have to go through the same process and address that
expense at mid-year, since this is an annual requirement. This concluded the IT
Department?s presentation.
Dr. Toelle and Councilor Davis had a brief discussion on the costs and
processes associated with offering some services that the City provides via the
internet. During the discussion Councilor Davis made a referral requesting
information that would show the cost savings of offering these services online
versus the current processes.
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Finance Director Pam Hodge then proceeded to begin her presentation on the Fair
Labor Standards Act (FLSA), since the Golf Authority Representative had not
arrived yet.
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FAIR LABOR STANDARDS ACT (FLSA):
Director Pam Hodge, approached the rostrum and stated the information that
will be given during the FLSA Presentation pertains to Law Enforcement and Fire
Protection.
________________________________________________________________________
FLSA
? Federal law that regulates the wages and hours worked by employees
? Defines exempt and non-exempt status
________________________________________________________________________
LAW ENFORCEMENT AND FIRE PROTECTION EMPLOYEES
? Section 7(k) of the FLSA provides that employees shall be paid overtime on a
?work period? basis
? ?Work period? may be from 7 consecutive days to 28 consecutive days
________________________________________________________________________
MAXIMUM HOURS STANDARDS
WORK PERIOD (DAYS) FIRE PROTECTION LAW ENFORCEMENT
28 212 171
21 159 128
14 106 86
7 53 43
________________________________________________________________________
Director Hodge explained, the numbers in the chart that are emphasized,
represent the schedules adopted by the different Public Safety entities. For
example, the Fire Department works159 hours, before they are required to
receive overtime compensation.
________________________________________________________________________
MAXIMUM HOURS STANDARDS
? Salary covers pay up to the number of hours outlined
? Overtime paid for only hours above the maximum
? ?Straight/GAP Time? not required by FLSA
? Law Enforcement and Fire Protection employees are NOT hourly employees, but
considered partially exempt
________________________________________________________________________
CURRENT PRACTICE FOR LAW ENFORCEMENT
? 28 DAY CYCLE = 171 HOURS (Hours worked before overtime is required)
? Example #1: HOURS WORKED = 165 HOURS
- BI-WEEKLY BASE PAY = $1,412.45
? (Overtime Hourly rate = $1,412.45/80=$17.65)
? At the end of the 28 day cycle (in addition to Base Pay):
- ?STRAIGHT/GAP TIME? HOURS (160-171) = $17.65 X 5 HOURS = $88.25 (NOT REQUIRED
BY FLSA)
________________________________________________________________________
REQUIRED BY FLSA
? 28 DAY CYCLE = 171 HOURS (Hours worked before overtime is required)
? Example #1: HOURS WORKED = 165 HOURS
- BI-WEEKLY BASE PAY = $1,412.45
? (Overtime Hourly rate = $1,412.45/86=$16.42)
? At the end of the 28 day cycle:
? No additional pay required.
________________________________________________________________________
CURRENT PRACTICE FOR LAW ENFORCEMENT
? 28 DAY CYCLE = 171 HOURS (Hours worked before overtime is required)
? Example #2: HOURS WORKED = 180
o BI-WEEKLY BASE PAY = $1,412.45
? (Overtime Hourly rate = $1,412.45/80=$17.65)
? At the end of the 28 day cycle (in addition to Base Pay):
o ?STRAIGHT/GAP TIME? HOURS (160-171) = $17.65 X 11 HOURS = $194.15 (NOT
REQUIRED BY FLSA)
o OVERTIME HOURS (172-180) = $17.65 x 1.5 x 8 HOURS = $211.80
________________________________________________________________________
REQUIRED BY FLSA
? 28 DAY CYCLE = 171 HOURS (Hours worked before overtime is required)
? Example #2: HOURS WORKED = 180 HOURS
o BI-WEEKLY BASE PAY = $1,412.45
? (Hourly rate = $1,412.45/86=$16.42)
? At the end of the 18 day cycle:
o OVERTIME HOURS (172-181) = $16.42 x 1.5 x 8 HOURS = $197.04
________________________________________________________________________
CURRENT PRACTICE FOR FIRE PROTECTION (in accordance with FLSA)
? 21 DAY CYCLE = 159 HOURS (Hours worked before overtime is required)
? Example: HOURS WORKED = 168 HOURS
o BI-WEEKLY BASE PAY = $1,412.45
? (Hourly rate = $1,412.45/106=$13.32)
? At the end of the 21 day cycle:
o OVERTIME HOURS (159-168)
________________________________________________________________________
Director Hodge answered several questions from Councilor Thomas,
pertaining to the 8 ? hour work day for the Columbus Police Department and the
12 hour work day for the Muscogee County Sheriff?s Department.
Mayor Tomlinson added to the discussion by saying the GAP Time
Compensation varies depending on assignment.
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GOLF AUTHORITY:
Director John Milam, approached the rostrum to begin his presentation. He
stated during the budget kickoff, departments were told to turn in the same
budget that was utilized the year before. With the anticipation of budget cuts,
Mr. Milam reviewed his budgets and located a savings of $20,000 at Bull Creek,
but none at Oxbow. After he submitted his budgets, he received a response back
from Mayor Tomlinson that reduced the budget for Bull Creek by 15.74% and a
7.8% reduction to the Oxbow Budget.
Director Milam stated, if his line items are to be cut, he believes he
should be the one to oversee that task. Any further cuts to the Golf Courses?
Budgets would jeopardize the property, increase the depreciation, and at some
point in time there will be problems like Parks & Recreation is having with the
swimming pools.
Director Milam requested that Council allows the Golf Courses to
operate with the same budget as they did for the past fours years. With this,
Director Milam stated, he will be able to maintain the courses, but there will
not be many improvements.
There was a short discussion between Chairman Henderson and Director
Milam on the conditions of the courses and the impact the economy has had on
citizens utilizing them for entertainment purposes.
Director Hodge responded to questions from Councilor Thomas on the
salary and wages line item.
Mayor Pro Tem Turner Pugh asked if the Golf Course Authority had considered
doing a Capital Campaign to raise the funds to construct a new clubhouse for
Bull Creek. Director Milam stated the authority has discussed it on numerous
occasions. Mayor Pro Tem offered to assist the Golf Course Authority in this
effort.
Director Milam reiterated his request of $234,000 for Bull Creek and $41,000
for Oxbow.
Director Hodge stated, the subsidy from the General Fund is proposed to remain
the same as it has been for years, but the reduction that Director Milam is
referring to is the decrease in revenue.
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POLICE PAY REFORM AND RESTRUCTURE:
Director Pam Hodge, approached the rostrum to give the following
presentation on the Police Pay Reform and Restructure:
________________________________________________________________________
MAYOR?S COMMISSION
? Convened in September 2014
? Consisted of approximately 30 members of CDP from varying divisions, ranks
and seniority.
? Finance and Human Resources participated
? Two City Councilors attended the meetings
? Reviewed Office Retention and Longevity
________________________________________________________________________
MAYOR?S COMMISSION
? Reviewed multiple options
? Need to be as close to budget neutral as possible within the CPD funds
available
CONCLUSIONS:
? No consensus due to varying perspectives
? Correct compression at an estimated cost of $15 million
________________________________________________________________________
LONGEVITY DISTRIBUTION
? Officers with less than 10 years of service
o 55%
? Offices between 10 and 20 years of service
o 17%
? Officers with more than 20 years of service
o 28%
________________________________________________________________________
Director Hodge stated, getting officers to stay with the Columbus
Police Department after their first 10 years of service was pinpointed as the
issue and was the purpose of the Mayor?s Committee.
________________________________________________________________________
FY2016 PROPOSAL
? Remove the sign on bonus
? Remove ?Straight/Gap? time
? Pay based on FLSA
? Institute a graduated pay incentive up to 35 years of service
? Use funds with greater impact to encourage retention and longevity
________________________________________________________________________
Director Hodge stated, the City has paid out $634,000 for the sign on
bonuses to be paid out to 389 employees in the Columbus Police Department
(CPD). Out of the 389 employees that have received the sign on bonus, 159 of
those employees no longer work for CPD.
________________________________________________________________________
FY2016 PROPOSAL
YEARS OF SERVICE BASE PAY INCREASE
After 1 Year $750
After 3 Years $1,000
After 5 Years $1,200
After 7 Years $1,500
After 10 Years $1,500
After 15 Years $1,500
After 20 Years $1,500
After 25 Years $1,500
After 30 Years $1,500
________________________________________________________________________
With each milestone that an officer reaches, his/her yearly salary will
be increased by that appropriate amount according to the chart.
________________________________________________________________________
FY2016 PROPOSAL
2 YEAR FINANCIAL IMPACT
Remove Sign on Bonus ($54,500)
Remove ?Gap? Time ($514,282)
Add Increase Year 1 $531,050
Add Increase Year 2 $173,350
Net 2 Year Impact $135,618
Benefits Impact $6,182
TOTAL 2 YEAR IMPACT $141,800
Court Pay ($115,450)*
*Court Pay could be reduced by scheduling court
appearances (to the extent possible) with the
officer?s regular 171 hour work schedule.
________________________________________________________________________
Mayor Tomlinson stated, all CPD Officers will receive some kind of
increase in the first year.
Police Chief Rick Boren stated, his department has reviewed court pay
in the past, but does not believe this compensation can be taken away from the
officers. Chief Boren then explains the process of scheduling hearings for his
officers to attend.
In response to a question asked by Councilor Thomas, Director Hodge
said, this incentive program is only available for officers employed with the
Columbus Police Department.
Councilor Barnes stated, during the committee discussions, the concern
of numerous officers was that they were not sure of what their salary would be
if they were to be on the police force for 20 years, or further down the line.
This reform was constructed to help reduce the compression factor of CPD.
Chief Boren stated, his concern is if they have a pool of applicants,
and they realize that another agency has a $2,000 sign on bonus with starting
with the same amount of money, will they choose to go with the agency with the
bonus rather than the one without.
Councilor Woodson asked if the turn over rate lately has been due to
the change in scheduling, as it pertains to shifts. Chief Boren responded by
saying no, there has only been one officer who reported this for being the
reason for leaving.
Councilor Thomas expressed a concern for the new officers with 1 to 2
years of service, who are currently receiving the sign on bonus. To address
this concern, Mayor Tomlinson stated she would make a commitment to Councilor
Thomas that these particular officers would continue to be paid the bonus until
the last payment.
There was a brief discussion among the committee and Chief Boren on the
importance of retaining experienced officers to take on the ranks after the
more seasoned officers chose to retire.
*** *** ***
There being no other budget related items to discuss, Chairman Henderson
announced that the meeting is adjourned with those ten members present, and the
time being 12:07 p.m.
________________________
Lindsey A. Glisson
Deputy Clerk of Council
Council of Columbus, Georgia
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