HR Committee — Burlington, VT
Date: 2024-03-26
Time: 08:30

Tuesday, March 26, 2024, 8:30 AM, HR Conference Room, 200 Church St., Burlington,
 VT

8:30 am, HR Conference Room, 200 Church St., Burlington, VT OR Remotely via ZOOM:
Please click the link below to join the webinar:
Zoom Link: https://zoom.us/j/94820907375?pwd=ZWdzWk5KTGp5K29vZ1dEd2dLaU9jQT09
Meeting ID: 948 2090 7375
Passcode: 616429



1. Adopt Agenda

2. Approve Minutes
  Subject 2.1. Approve minutes from 2.16.24 meeting
  Meeting March 26, 2024 - HRPC 03/26/2024 - Tuesday, March 26, 2024, 8:30 AM, HR
 Conference Room, 200 Church St., Burlington, VT
  Category 2. Approve Minutes
  Department Human Resources


  Type

3. Public Forum

4. Executive Session
  Subject 4.1. Article 10.3a Grievance Resolution
  Meeting March 26, 2024 - HRPC 03/26/2024 - Tuesday, March 26, 2024, 8:30 AM, HR
 Conference Room, 200 Church St., Burlington, VT


  Category 4. Executive Session

  Department Human Resources


  Type

  Recommended Action

  Subject 4.2. Articles 2.2, 10.3, 10.5 and 15.3 Grievance Resolution
  Meeting March 26, 2024 - HRPC 03/26/2024 - Tuesday, March 26, 2024, 8:30 AM, HR
 Conference Room, 200 Church St., Burlington, VT


  Category 4. Executive Session

  Department Human Resources


  Type
  Recommended Action

  Subject 4.3. Article 7 Grievance Hearing
  Meeting March 26, 2024 - HRPC 03/26/2024 - Tuesday, March 26, 2024, 8:30 AM, HR
 Conference Room, 200 Church St., Burlington, VT


  Category 4. Executive Session

  Department Human Resources


  Type

  Recommended Action

5. Other Committee Business

6. Adjournment
  Subject 6.1. Motion to adjourn
  Meeting March 26, 2024 - HRPC 03/26/2024 - Tuesday, March 26, 2024, 8:30 AM, HR
 Conference Room, 200 Church St., Burlington, VT


  Category 6. Adjournment

  Department Council and Board


  Type

  Recommended Action

7. Informational and Non-Discrimination Statements

 The City of Burlington will not tolerate unlawful harassment or discrimination on the basis of political or religious
 affiliation, race, color, national origin, place of birth, ancestry, age, sex, sexual orientation, gender identity,
 marital status, veteran status, disability, HIV positive status, crime victim status or genetic information. The City
 is also committed to providing proper access to services, facilities and employment opportunities. The programs
 and services of the City of Burlington are accessible to people with disabilities. Individuals who require special
 arrangements, auxiliary aid, service for effective communication, or a modification of policies or procedures to
 participate in a program, service, or activity of the City of Burlington, should contact the office of the Title II
 Burlington ADA Coordinator at 802-865-7000 as soon as possible but no later than 48 hours before the scheduled
 event.

Tuesday, March 26, 2024, 8:30 AM, HR Conference Room, 200 Church St., Burlington,
 VT

8:30 am, HR Conference Room, 200 Church St., Burlington, VT OR Remotely via ZOOM:
Please click the link below to join the webinar:
Zoom Link: https://zoom.us/j/94820907375?pwd=ZWdzWk5KTGp5K29vZ1dEd2dLaU9jQT09
Meeting ID: 948 2090 7375
Passcode: 616429



1. Adopt Agenda

2. Approve Minutes
  Subject 2.1. Approve minutes from 2.16.24 meeting
  Meeting March 26, 2024 - HRPC 03/26/2024 - Tuesday, March 26, 2024, 8:30 AM, HR
 Conference Room, 200 Church St., Burlington, VT
  Category 2. Approve Minutes
  Department Human Resources


  Type

3. Public Forum

4. Executive Session
  Subject 4.1. Article 10.3a Grievance Resolution
  Meeting March 26, 2024 - HRPC 03/26/2024 - Tuesday, March 26, 2024, 8:30 AM, HR
 Conference Room, 200 Church St., Burlington, VT


  Category 4. Executive Session

  Department Human Resources


  Type

  Recommended Action

  Subject 4.2. Articles 2.2, 10.3, 10.5 and 15.3 Grievance Resolution
  Meeting March 26, 2024 - HRPC 03/26/2024 - Tuesday, March 26, 2024, 8:30 AM, HR
 Conference Room, 200 Church St., Burlington, VT


  Category 4. Executive Session

  Department Human Resources


  Type



 Page 1 of 4
  Recommended Action

  Subject 4.3. Article 7 Grievance Hearing
  Meeting March 26, 2024 - HRPC 03/26/2024 - Tuesday, March 26, 2024, 8:30 AM, HR
 Conference Room, 200 Church St., Burlington, VT


  Category 4. Executive Session

  Department Human Resources


  Type

  Recommended Action

5. Other Committee Business

6. Adjournment
  Subject 6.1. Motion to adjourn
  Meeting March 26, 2024 - HRPC 03/26/2024 - Tuesday, March 26, 2024, 8:30 AM, HR
 Conference Room, 200 Church St., Burlington, VT


  Category 6. Adjournment

  Department Council and Board


  Type

  Recommended Action

7. Informational and Non-Discrimination Statements

 The City of Burlington will not tolerate unlawful harassment or discrimination on the basis of political or religious
 affiliation, race, color, national origin, place of birth, ancestry, age, sex, sexual orientation, gender identity,
 marital status, veteran status, disability, HIV positive status, crime victim status or genetic information. The City
 is also committed to providing proper access to services, facilities and employment opportunities. The programs
 and services of the City of Burlington are accessible to people with disabilities. Individuals who require special
 arrangements, auxiliary aid, service for effective communication, or a modification of policies or procedures to
 participate in a program, service, or activity of the City of Burlington, should contact the office of the Title II
 Burlington ADA Coordinator at 802-865-7000 as soon as possible but no later than 48 hours before the scheduled
 event.




 Page 2 of 4
 Friday, February 16, 2024, 8:30 AM, Remote Zoom Meeting

 8:30 am Friday February 16th 2024, Sharon Bushor Conference Room and Remotely via ZOOM:
 Please click the link below to join the webinar:
 Zoom Link: https://zoom.us/j/94820907375?pwd=ZWdzWk5KTGp5K29vZ1dEd2dLaU9jQT09
 Meeting ID: 948 2090 7375
 Passcode: 616429

Present:
City Councilor Sarah Carpenter, Committee Chair
City Councilor Zoraya Hightower
City Councilor Hannah King
Kerin Durfee, Director of Human Resources


Others:
Steve Groelinger, Vice President and Steward, AFSCME Local 1343
Hayley McClenahan, Assistant City Attorney
Meaghan Diffenderfer, HR Administrative Coordinator

SC calls the meeting to order, 8:39 am.

 1. Adopt Agenda
ZK motions to approve with amendment to remove 4.1.
HK seconds.
All in favor.
Motion so approved and agenda adopted.



 2. Approve Minutes
ZH motions to approve the minutes from the 2.
HK seconds.
All in favor.
So moved and approved.



 3. Public Forum

No public forum.

 4. Executive Session
HK moves to enter executive session pursuant to 1 VSA 313(a)(4) to discuss a potential disciplinary or dismissal action
against a public employee.
ZH seconds.
All in favor.
Committee enters executive session.


Subject 4.1. Grievance Hearing: Step 2(DPW)
Steve Groelinger, AFSME Local 1343 Steward, presented on behalf of the union in regards to a grievance around
contract articles 2.2, 10.3, 10.5 and 15.3. The councilors asked clarifying questions.

 Page 3 of 4
Next steps: The Union requests written communication by the Councilors to be delivered within 7 days.

HK moves to leave executive session.
SC seconds.
Exec session ends 9:28 am.




 5. Discuss / approve new policies to be added to the City of Burlington's
 Comprehensive Personnel Policy Manual
 Subject 5.1. Waste, Fraud, and Abuse Policy

ZH raises issue with suspicion of a crime will be passed on to law enforcement in particular a fear that people will be
disciplined if they don’t feel comfortable going to law enforcement.

KD suggests to mirror the language in the whistleblower policy regarding who is responsible to report potential criminal
activity to law enforcement, or report to City Attorney’s office and/or outside council to determine if a criminal act has
occurred.

Next steps: KD will bring to Katherine, and then can distribute via email to approve digitally.



Next meeting date: Tentatively March 26/27



 6. Adjournment

 SC moves to adjourn.
 HK seconds.
 9:43 am meeting ends.




 7. Informational and Non-Discrimination Statements

The City of Burlington will not tolerate unlawful harassment or discrimination on the basis of political or religious
affiliation, race, color, national origin, place of birth, ancestry, age, sex, sexual orientation, gender identity, marital
status, veteran status, disability, HIV positive status, crime victim status or genetic information. The City is also
committed to providing proper access to services, facilities and employment opportunities. The programs and services
of the City of Burlington are accessible to people with disabilities. Individuals who require special arrangements,
auxiliary aid, service for effective communication, or a modification of policies or procedures to participate in a
program, service, or activity of the City of Burlington, should contact the office of the Title II Burlington ADA
Coordinator at 802-865-7000 as soon as possible but no later than 48 hours before the scheduled event.




 Page 4 of 4

Tuesday, March 26, 2024, 8:30 AM, HR Conference Room, 200 Church St., Burlington,
 VT

 8:30 am, HR Conference Room, 200 Church St., Burlington, VT OR Remotely via ZOOM:
 Please click the link below to join the webinar:
 Zoom Link: https://zoom.us/j/94820907375?pwd=ZWdzWk5KTGp5K29vZ1dEd2dLaU9jQT09
 Meeting ID: 948 2090 7375
 Passcode: 616429

Present:
City Councilor Sarah Carpenter, Committee Chair
City Councilor Zoraya Hightower
City Councilor Hannah King
Kerin Durfee, Director of Human Resources


Others:
Hayley McClenahan, Assistant City Attorney
Erik Ramakrishnan, Assistant City Attorney
Chapin Spencer, Director of DPW
Megan Moir, Manager, Assistant DPW Director – Water Resources
Damion Gilbert, AFSCME Council 1343
Jesse Greeno, AFSCME Council 1343
George Millette, AFSCME Council 1343
Meaghan Diffenderfer, HR Administrative Coordinator



 1. Adopt Agenda

SC Moves to adopt the agenda with the amendment to add item 4.4, discussion of water main break protocol
HK Seconds
Motion so moved and approved

 2. Approve Minutes
HK Moves to approve the minutes from the 2.16.24 meeting
SC adds the amendment to fix typo from “ZK” to “ZH”, Seconds
Motion so moved and approved

 2. Public Forum

No public forum.

MOTION by Councilor HK, to find that premature general public knowledge of labor relations and employee grievances would
clearly place the City at a substantial disadvantage because the City risks disclosing confidential personnel matters in public.
Seconded by SC.
So moved and approved.

MOTION by Councilor HK that based on the finding of substantial disadvantage, the Council enter into executive session to
hear the grievance under the provisions of 1 V.S.A. 313(a)(1)(B) and (D), to include: Assistant City Attorney Hayley
McClenehan, Assistant City Attorney Erik Ramakrishnan, Councilor Sarah Carpenter, Councilor Hannah King, Councilor
Zoraya Hightower, Kerin Durfee, Director of HR, Chapin Spencer Director of DPW, Megan Moir, Division Director, Water
Resources, Damian Gilbert, AFSCME Local 1343 President, Steward, Jesse Greeno, AFSCME Local 1343 Vice President,
Steward, and George Millette, AFSCME Local 1343 Steward

SC seconds.

All in favor
Motion so moved, committee enters executive session, 8:42 am
 4. Executive Session

4.1. Article 10.3a Grievance Resolution

The committee heard from the Union and Management regarding article 10.3.
Next Steps: Union and Management will work together on another letter/MOU to bring back to HRPC.


4.2. Articles 2.2, 10.3, 10.5 and 15.3 Grievance Resolution

The committee heard from the Union and Management regarding articles 2.2, 10.3, 10.5, and 15.3.
Next Steps: Management will review compensation to impacted employee, tabling article 2.2, and Management will write a
letter of apology to the impacted employee.


4.3. Article 7 Grievance Hearing
The grievance was withdrawn prior to the meeting, but the Committee heard from the Union and Management on the
circumstances leading to this grievance.

HK moves to end exec session
ZH seconds
So moved and approved, executive session ends, 10:00 am



 5. Other Committee Business
4.4. Water Main Break Protocol

Committee heard from Management and the Union about current water break protocols, highlighting the protocols on paper
vs. in practice at the last large water main break.
Next Steps: The committee will meet with counsel, will wait for the division director to investigate, and will connect with
Chair Barlow on the issue.

 6. Adjournment
ZH moves to adjourn the meeting.
HK Seconds.
Motion so moved and approved.
Meeting ends, 10:29 am.

 7. Informational and Non-Discrimination Statements

 The City of Burlington will not tolerate unlawful harassment or discrimination on the basis of political or religious
 affiliation, race, color, national origin, place of birth, ancestry, age, sex, sexual orientation, gender identity, marital
 status, veteran status, disability, HIV positive status, crime victim status or genetic information. The City is also
 committed to providing proper access to services, facilities and employment opportunities. The programs and
 services of the City of Burlington are accessible to people with disabilities. Individuals who require special
 arrangements, auxiliary aid, service for effective communication, or a modification of policies or procedures to
 participate in a program, service, or activity of the City of Burlington, should contact the office of the Title II
 Burlington ADA Coordinator at 802-865-7000 as soon as possible but no later than 48 hours before the scheduled
 event.