HR Committee — Burlington, VT
Date: 2024-01-26
Time: 08:30

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

10 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
  Subject 1.1. Approval of Agenda
  Meeting January 26, 2024 - HRPC 01/26/24 - Friday, January 26, 2024, 8:30 AM, HR Conference
 Room, 200 Church St., Burlington, VT


  Category 1. Adopt Agenda

  Department Human Resources


  Type

  Recommended Action

2. Approve Minutes
  Subject 2.1. Approval of Minutes from 12.15.23 meeting
  Meeting January 26, 2024 - HRPC 01/26/24 - Friday, January 26, 2024, 8:30 AM, HR Conference
 Room, 200 Church St., Burlington, VT
  Category 2. Approve Minutes
  Department Human Resources


  Type Minutes



3. Public Forum

4. Executive Session
  Subject 4.1. Grievance Hearing
  Meeting January 26, 2024 - HRPC 01/26/24 - Friday, January 26, 2024, 8:30 AM, HR Conference
 Room, 200 Church St., Burlington, VT


  Category 4. Executive Session

  Department Human Resources
  Type Discussion


  Recommended Action

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
  Meeting January 26, 2024 - HRPC 01/26/24 - Friday, January 26, 2024, 8:30 AM, HR Conference
 Room, 200 Church St., Burlington, VT


  Category 5. Discuss / approve new policies to be added to the City of Burlington's Comprehensive
 Personnel Policy Manual

  Department Human Resources


  Type Discussion
 Action


  Recommended Action

6. Other Committee Business

7. Adjournment
  Subject 7.1. Motion to adjourn
  Meeting January 26, 2024 - HRPC 01/26/24 - Friday, January 26, 2024, 8:30 AM, HR Conference
 Room, 200 Church St., Burlington, VT


  Category 7. Adjournment

  Department Council and Board


  Type Action


  Recommended Action

8. 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.

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

10 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
  Subject 1.1. Approval of Agenda
  Meeting January 26, 2024 - HRPC 01/26/24 - Friday, January 26, 2024, 8:30 AM, HR Conference
 Room, 200 Church St., Burlington, VT


  Category 1. Adopt Agenda

  Department Human Resources


  Type

  Recommended Action

2. Approve Minutes
  Subject 2.1. Approval of Minutes from 12.15.23 meeting
  Meeting January 26, 2024 - HRPC 01/26/24 - Friday, January 26, 2024, 8:30 AM, HR Conference
 Room, 200 Church St., Burlington, VT
  Category 2. Approve Minutes
  Department Human Resources


  Type Minutes



3. Public Forum

4. Executive Session
  Subject 4.1. Grievance Hearing
  Meeting January 26, 2024 - HRPC 01/26/24 - Friday, January 26, 2024, 8:30 AM, HR Conference
 Room, 200 Church St., Burlington, VT


  Category 4. Executive Session

  Department Human Resources




 Page 1 of 8
  Type Discussion


  Recommended Action

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
  Meeting January 26, 2024 - HRPC 01/26/24 - Friday, January 26, 2024, 8:30 AM, HR Conference
 Room, 200 Church St., Burlington, VT


  Category 5. Discuss / approve new policies to be added to the City of Burlington's Comprehensive
 Personnel Policy Manual

  Department Human Resources


  Type Discussion
 Action


  Recommended Action

6. Other Committee Business

7. Adjournment
  Subject 7.1. Motion to adjourn
  Meeting January 26, 2024 - HRPC 01/26/24 - Friday, January 26, 2024, 8:30 AM, HR Conference
 Room, 200 Church St., Burlington, VT


  Category 7. Adjournment

  Department Council and Board


  Type Action


  Recommended Action

8. 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 8
Members In Attendance:
Kerin Durfee (KD), HR Director
Sarah Carpenter (SC), City Councilor and Committee Chair
Hannah King (HK), City Councilor
Zoraya Hightower (ZH), City Councilor,

Also in Attendance:
Jared Pellerin (JP), Acting City Attorney
Hayley McClenahan (HM), Assistant City Attorney
Damion Gilbert (DG), AFSCME Local 1343 President
Chapin Spencer (CS), Director of the Department of Public Works
Megan Moir (MM), Director of Water Resources
Rocky Volger (RV), Water Resources Asset Manager
Meaghan Diffenderfer (MD), HR Administrative Coordinator

Meeting called to order by SC at 8:38am.

 1. Approve/Amend Minutes
 a. HK motioned to approve the minutes from the Oct. 27, 2023 meeting, SC seconded, so
 moved and approved.
 2. Approve /Amend Agenda
 a. HK motioned to approve the agenda as written, SC seconded, so moved and adopted.
 3. Public Forum
 a. None
 4. Executive Session
 a. HK motioned to enter executive session, ZH seconded, so moved and the committee
 entered executive session
 b. Committee heard from Damian Gilbert (DG), AFSCME Local 1343 President on a
 grievance regarding contract articles 2.1, 2.2 and 10.3. Councilors, and the committee
 asked clarifying questions.
 c. Next steps / action items: KD, DG, and SC will meet to make a MOA which will be
 presented to the committee at the February meeting.
 d. ZH motioned to end executive session, HK seconded, so moved.
 5. Policy Discussion, and approval of new policies – Waste Fraud and Abuse (WFA) and
 Whistleblower
 a. Whistleblower Policy
 i. ZH moved to adopt as written, HK seconded, so moved and approved.
 b. Waste Fraud and Abuse Policy
 i. Councilors raised their questions and concerns, which have also been provided
 to the HR Director via email. They included but are not limited to: requests for
 definitions of Waste/Fraud/Abuse, clarification on the impact and responsibility
 of Department Heads, the flow of notification of infractions of the policy, and
 the role of the committee in the administration of the policy.
 c. Next steps / action items:
 i. KD will bring the WFA policy back for internal review with Katherine Schad, CAO.
 ii. SC will follow up with JP regarding the HRPC role in this policy to ensure
 involvement by the committee is within proper purview.
 6. Other Committee Business




 Page 3 of 8
 a. Next meeting dates set: 1/26/24, 2/23/24, and a March meeting TBD.
 7. Adjournment
 a. HK motions to adjourn, ZH seconded, so moved.

Meeting adjourned 11:02am




 Page 4 of 8
 City of Burlington Fraud, Waste, and Abuse Policy

The City of Burlington (“the City”) is committed to conducting its affairs ethically and in accordance with
applicable laws, rules, regulations, policies, and procedures. The City is also committed to strong internal
control systems and prevention, deterrence, detection, and elimination of fraud, waste, and abuse. Each member
of the City’s workforce and community shares in this responsibility and has a fiduciary duty to conserve,
preserve, and to restrict all use of City resources and property to activities and conduct that comply with this
policy.
  I. Purpose
 The purpose of this policy is to:

   Prevent, deter, and detect fraud, waste, and abuse;
   Assign responsibility for implementing internal controls to prevent, deter, and detect violations
 of this policy;
   Establish reporting mechanisms to be used for notification of known or suspected fraud, waste, or abuse;
 and
   Educate employees, City Councilors, subcontractors, the community, and other stakeholders
 about legal and policy requirements.
 II. Scope
 This policy applies to any fraud or suspected fraud, waste, or abuse, involving City property, resources,
 employees, customers, vendors, contractors, consultants, or other parties affiliated with the City.
III. Policy
 Individuals or entities shall not perpetrate, engage in, or otherwise facilitate any act or attempted act of
 fraud, waste, or abuse. All employees and affiliates are responsible for reporting suspected or known
 violations of this policy. The City will investigate allegations of fraud, waste, or abuse in accordance
 with established policies and procedures.
IV. Definitions:
 For purposes of this policy, the following definitions apply:
 Fraud is defined as a false representation of a matter of fact that is intended to result in financial or personal
 gain. Fraud includes false representation of fact by making false statements or by concealment of
 information. Someone who commits fraud may do so with the intent to personally profit from the act, but
 this is not always the case. Fraud can be perpetrated with the intent to benefit another party, such as family
 members, friends, or even a particular area of the City.

 Waste is defined as the intentional or unintentional, thoughtless, or careless expenditure, consumption,
 mismanagement, use, or squandering of resources to the detriment or potential detriment of the City. Waste
 also includes incurring unnecessary costs because of inefficient or ineffective practices, systems, or controls.

 Abuse is defined as excessive or improper use of a thing, or to use something in a manner contrary to the
 natural or legal rules for its use. Abuse can occur in financial or non-financial settings.




 1 Page 5 of 8
 Examples of Fraud, Waste and Abuse include but are not limited to:

  Violations of the City procurement policy
  Excessive or unnecessary purchases
  Inappropriate expenditures
  Conducting personal business on City time
  Charging personal or non-City expenses as business expenses against a City account
  Charging for inflated labor costs or hours, or categories of labor which have not been incurred
  Inaccurate time reporting
  Billing more than one source, unit, department, or public or private partner for the same work or
 expense
  Misrepresenting a project’s status to continue receiving funds
  Awarding a job, contract, or any other source of funds to a particular company, family member, or
 friend, absent sole source approval by the CAO
  Embezzlement - theft or misappropriation of funds belonging to one's employer.
  Forgery or alteration of documents (checks, contracts, purchase orders, time sheets, etc)
  Theft or unauthorized removal or willful destruction of City records or property
  Misappropriation of funds, equipment, supplies, or any other asset
  Improprieties in handling and reporting financial transactions
  Authorizing or receiving payments for goods not received or services not performed
  Vendor kickbacks – an illegal payment intended as compensation for preferential treatment
  Misuse of authority for personal gain
  Plagiarism
  Making false statements or claims that may be used to access benefits to which a person is not
 entitled
  Any computer-related activity involving the alteration, destruction, forgery or manipulation of data
 for fraudulent purposes

V. Operational Responsibility and Fostering a Culture of Ethics
 Department Heads are responsible for establishing intolerance for fraud, waste, and abuse by
 establishing a culture of integrity and high ethical standards and principles in their department.
 Each Department Head is responsible for adequate financial and other internal controls within their area
 of responsibility. This responsibility requires acting prudently and inquisitively and maintaining
 awareness of activities and locations where violations of this policy are likely to occur.

 All staff share responsibility for fostering an institutional culture of ethics. On an annual basis, all
 employees are required to acknowledge the responsibility to maintain a culture of ethics and integrity,
 to respect financial and operational policy and other internal controls, to maintain awareness of
 activities and locations where violations of this policy are likely to occur, and to report any policy
 violation of which they become aware.
VI. Reporting
 Employees or other individuals associated with the City who become aware of, or have a reasonable basis
 for believing that fraud, waste or abuse has occurred shall promptly report the suspected activity.




 2 Page 6 of 8
 Individuals and entities making such reports are subject to the protections of the City’s Whistleblower
 Protection Policy. Reports can be made to:

 1 . The employee’s supervisor,
 2 . The Chief Administrative Officer, or
 3. Any member of the Human Resources Department.

 When possible, the following information should be provided to assist in investigating and
 resolving the matter:
  A description of the suspected violation;
  The name of the person(s) involved;
  The location where the action occurred;
  When the action occurred;
  Any other details that may be important for our investigation (other witnesses, evidence,
 documents, dollar amounts, time period); and
  The specific law, regulation or policy that was violated, if known.

 It is not required to have proof of wrongdoing when reporting suspected violations of this policy;
 however, anyone reporting such activity must have reasonable grounds for doing so.

 No disciplinary or retaliatory action shall be taken against any City employee who, in good faith, reports
 or causes to be reported suspected fraud, waste, or abuse or who assists in an authorized review of alleged
 fraud, waste, or abuse as defined under this policy. The prohibition against disciplinary action does not
 include disciplinary action for self-reported violations.

VII. Investigating Fraud

 Depending on the nature, magnitude and the complexity of the fraud, investigations will be carried out by
 either internal City staff or by an external firm with specific expertise to deal with the particular
 allegation. In all cases a member of the City HR team will be involved in, or apprised of, the
 investigation.

 Investigations will be conducted without regard to any person’s relationship to the organization, position
 or length of service. The investigating party will have full access to any files, information or witnesses to
 conduct the investigation and will keep records of all actions in the investigation, to ensure success in any
 future criminal, civil or disciplinary action.

 The investigating party will issue a report detailing the finding and conclusion of the investigation,
 including recommendations for future action. In cases of substantiated fraud, the City will inform the City
 Council regarding the situation and will also bring pursue disciplinary or criminal sanctions where
 appropriate and possible and will attempt to recover losses by any lawful means.


VIII. Disciplinary Action
 City employees engaging in fraud, waste, or abuse, as defined by this policy may be subject to
 disciplinary action up to and including termination. City employees suspected of perpetrating fraud,
 waste, or abuse may be placed on administrative leave during the course of the investigation.




 3 Page 7 of 8
The results of investigations will not be discussed or discussed with anyone other than those persons
associated with the City who have a legitimate need to know in order to perform their duties and
responsibilities. This does not preclude the disclosure of the results in accordance with legal requirements
and authority.

If the violation is identified as a potential crime, it will be reported to the appropriate law enforcement
organization up to and including termination. Criminal investigations will be conducted separately from
any internal investigation. Information obtained by the internal investigation may be made available to
law enforcement to assist in the criminal investigation.




 4 Page 8 of 8

HUMAN RESOURCES DEPARTMENT
 CITY OF BURLINGTON

 200 Church Street, Suite 102, Burlington, VT 05401
 Phone: (802) 540-2505 | Fax (802) 864-1777
 Vermont Relay: 7-1-1 or 800-253-0191



 Minutes
 Human Resources Policy Committee
 Friday, January 26th, 2024
 8:30 am, HR Conference Room, 200 Church St., Burlington VT
 OR
 Remotely via ZOOM
 8:30 am – 10:30 am

Members In Attendance:
Kerin Durfee (KD), HR Director
Sarah Carpenter (SC), City Councilor and Committee Chair
Hannah King (HK), City Councilor
Zoraya Hightower (ZH), City Councilor

Also in Attendance:
Meaghan Diffenderfer (MD), HR Administrative Coordinator


Meeting called to order by SC at 8:30 am.

 1. Approve /Amend Agenda
 a. ZH motioned to approve the agenda removing item 4, Executive Session, HK seconded, so
 moved and adopted.
 2. Approve/Amend Minutes
 a. HK motioned to approve the minutes from the Dec. 15, 2023 meeting, ZH seconded, so
 moved and approved.
 3. Public Forum
 a. None
 4. Policy Discussion, and approval of new policies – Waste Fraud and Abuse (WFA) and
 Whistleblower
 a. Waste Fraud and Abuse Policy
 i. KD reported to the committee that the edits presented by ZH via email and
 discussed at last month’s meeting have been provided to Katherine Schad, CAO.
 Final document will be provided at February meeting.
 5. Future Planning
 a. KD reminds committee at the February meeting a new Grievance will be heard, and the
 MOU on 10.3 will be presented. She also hopes to have a full PPM completed for review
 by the committee.
 b. Future meetings date set: 2/16 and 3/29
 6. Adjournment
 a. SC motions to adjourn, ZH seconds, so moved and adjourned.


Meeting ends, 8:42 am.