Wednesday, December 19, 2007
Tom Bunger, Rita Lichtenberg, Ned Powell, David Warrick and Jim Whitlatch.
President Steve Moberly called the meeting to order at 5:45pm in Meeting Room 1B.
Steve asked the other board members if there were any questions or additions to the bills, the financial report or minutes.
John Walsh asked about the calendar. Sara Laughlin responded the calendar was in the work session packet; there are no changes.
Steve Moberly discussed the change in the meeting date for March because of Indiana University's Spring Break. The work session has been moved to March 5; the Board meeting will be on March 19.
Steve asked if there were any corrections to meeting minutes or questions on bills. Steve pointed out that the Financial Officer, Bonnie Estell, was not present.
Penny Austin asked whether the library receives a lot of coins. Sara said yes, the library does receive a lot of coins; Sara explained that most of the library's fines were less than a dollar. Penny indicated she was just wondering if the coin sorter maintenance fee is assessed yearly. She continued that it isn't a big deal unless the fee is monthly. Penny said she was just wondering. Linda Hunt said it is an integral control issue.
Linda Hunt moved to accept the Consent Agenda and Board Meeting Dates/Times for 2008. Fred Risinger seconded the motion. The motion passed.
Sara Laughlin introduced the resolution and said the Board had had good discussion and input for the last few work sessions and meetings.
Steve Moberly reviewed the process. In April 2007, a committee presented a resolution asking that the library recognize AFSCME as their bargaining agent. At that time, the Board was working on obtaining a Capital Projects Fund, then experienced leadership changes, then adopted a 2008 budget. When the Library budget was approved, the Board turned its attention to this issue. In contrast, Steve pointed out the Indianapolis-Marion County Public Library Board took two years to approve a collective bargaining resolution. Monroe County Public Library's legal counsel advised the Board that it is under no legal obligation under Indiana Law to approve the resolution. However, out of respect to staff who signed the petition, the Board has spent a lot of time on this issue. The Board re-wrote the resolution and now it is before the Board for approval. Steve noted that the resolution sets up a framework for the process.
Steve asked for public comment. He requested that persons wishing to comment please state their name and opinion regarding the resolution before the Board made its decision.
Ned Powell, Bloomington resident, indicated he is a patron of the library and so is his five-year-old son. Mr. Powell spoke as a member of the public. He said that he and others he has talked to are firmly in favor of the union. From what he could see, the employees were put in this spot because of declining revenues of the Library. Mr. Powell said he believes the best thing the Board could do would be to approve the resolution.
Dave Warrick, AFSCME Council 62, said he appreciated the Board's bringing this to a decision in a much more timely fashion than what happened in Marion County. He indicated that AFSCME tries to work with the employer; he desires them to work together. He said he noticed that health insurance was an item on tonight's agenda and indicated there are union people whose entire jobs are focused on insurance. They look at insurance and ways to cut costs; it has been successful in many places. He knows many employers worry about costs incurred in bargaining and having a union; he said that the costs were the Board's choice. Some organizations hire lawyers; some don't. As examples, Mr. Warrick indicated Monroe County and the City of Bloomington don't hire lawyers. He said it is not required by the Library or AFSCME. He indicated AFSCME wants to work together with the Library.
Phil Eskew introduced himself as a member of the organizing committee. He thanked the Board for bringing the resolution to this point. He said it was a sign of openness and being transparent with each other. Phil hoped both sides could continue to move forward in that regard. He said that by offering an election, the Board would find out what staff members really wanted.
Randy Paul addressed Phil Eskew. Randy said he knew that costs had been a concern. Phil responded that Bonnie Estell mentioned that $80,000 had been set aside for this matter. He said Randy has mentioned that the Monroe County Public Library has been compared to other libraries. Those libraries were larger. Their negotiating expenses were $100,000. Phil said he believed $80,000 would be more than sufficient since Monroe County Public Library is much smaller. Phil said he really hoped that money wouldn't become an issue. He indicated he didn't know if the board had looked into pro bono legal representation.
Rita Lichtenberg then addressed the Board. She said she had been attending Library Board meetings for 4 or 5 years. She had watched this process for a union with great interest and great respect. She said she had an enormous admiration for the staff of the library and would be very dismayed if the staff were to have to stress themselves regarding this issue. She continued that it would be an enormous amount of hurt if that were the case. She hoped the process would continue as constructively as it has been so far.
Steve Moberly asked if there were others who wished to comment. No other comments from the public were received.
Steve asked if the Board had any comments they would like to make. He indicated the Board has had a long process in discussing this and frankly he had hoped the day wouldn't come when the Board would have to make this decision because he felt it had been divisive to staff. He indicated his belief that this came to pass based on the previous director. He had hoped when Sara Laughlin took over as interim director, the staff in favor of the union would wait to see how things went for the next year. Steve said the Board had listed all of their names on the library's website. He indicated he has met personally with staff members. He said he knows other board members have also met one-on-one with a number of employees. The Board formed the Solutions Plus Committee. Therefore, Steve felt the Board had given staff members a lot of opportunities to speak their opinions to the Board. He indicated there was a time when staff members weren't even allowed to speak to board members. Steve referenced the three percent cost of living increase. He commented on the large health insurance cost increase with which the Board has recently been faced. He indicated his hope that the Board will deal with the 28% increase tonight. He shared his belief that the Board had done a lot of work at no cost to staff. As far as the cost of legal expenses, Steve said he believed it would be naïve to think the library would not have professional legal counsel. AFSCME would bring legal experts. He said the Board members are not experts at labor negotiations, so they would need legal counsel. As far as comparing this Library to a larger library, the issues at other libraries were all same. He felt that it would makes no difference what size the library is. He estimated the library would be spending anywhere from $50–100,000 year on union negotiations. He felt that money could be better spent on insurance and benefits for the staff. He shared that no one had yet told him why a union was necessary. He said, when the roll was called, his vote will be "no."
Fred Risinger said it was hard to divorce the two topics of this meeting—the collective bargaining resolution and 2008 health insurance. On the other hand, he indicated he found it very difficult to vote against the staff having their right to choose. He hoped the staff would ruminate on this matter. He said it would be a tough decision for him to make.
Randy Paul said the argument about legal fees was brought up 48 hours before the vote, and he was getting emails regarding legal fees. He spent many years as a member of ACLU. They won Supreme Court cases. There is no reason the Board could not make an effort to find a way to lower the legal fees. He said it came down to the staff's right to organize. It was unfair to the organizing committee not to have time to come up with a rebuttal. Randy said he knew Steve Moberly said it had only taken eight months to handle this but Randy believes there should be no time limit on this decision. He said there was no reason the Board couldn't keep talking about it and give the staff a chance to come back. He indicated his belief that this issue should be tabled until January.
Randy offered to find a pro bono lawyer for the library. Steve said pro bono legal service was for indigent people. He asked Randy how he could believe Monroe County Public Library is indigent. Randy said pro bono wasn't about being indigent, but about attorneys who believe in the issue and volunteer their time. Randy said he has talked to attorneys about this. He indicated Steve hasn't.
Steve said it is ironic that Randy who has wanted to vote now wants not to vote.
Randy asked what it would hurt to give the staff six weeks. He indicated the vote should take place in January instead.
Steve said he didn't know how everyone was going vote. He said it was ludicrous to think the library would find different attorneys, when it already has good attorneys.
Fred Risinger told Steve he isn't committed to voting on this. But he agreed with Steve that the library does have good attorneys. Fred talked about the budget for next year. Fred said he was going to make a decision; whether it happened tonight or four weeks from now. With the health insurance increase, he feared some staff would have to get other jobs.
Penny Austin said she felt like this resolution was allowing the staff to organize if they chose. She agreed with Fred Risinger and Steve Moberly that it was sad to spend government money on this matter when the Board could use it for more books and other materials for the library.
John Walsh also said he felt it was important that staff members get to choose. He agreed with Steve that there could be better ways for staff members and the Board to work together, but felt it was important for staff to have their voices heard.
Janice Stockton indicated she respected what Steve Moberly had to say because he'd had a lot of experience. She had great concern that the library might have to cut materials eventually. She read an article recently that all government entities will have to tighten their belts and eventually patrons and staff would suffer because cuts would have to be made elsewhere. She expressed concern that employees of the library felt they were not being listened to. She indicated she didn't know how she was going to vote yet.
Steve asked for other comments.
Steve asked if there was a member who wished to make a motion. Penny moved the Board approve the Collective Bargaining Resolution. Fred Risinger seconded the motion. Steve requested a roll call but asked if there were any other comments from the Board.
Randy said if the Board voted this down based on what's happened in last 48 hours, the Board would feel the backlash of that decision for many years to come.
Five members of the Board voted in favor of the motion: Penny Austin, Randy Paul, Fred Risinger, John Walsh, and Janice Stockton. Two members were opposed: Steve Moberly and Linda Hunt. The Collective Bargaining Resolution was approved.
Sara presented the 2008 Property/Liability/Crime/Auto/Umbrella insurance to the Board for approval. Sara reminded the Board members they looked at the proposal at their work session the week prior to this meeting. Sara said this is the $10,000 that Bonnie found. Sara asked the Board to approve the entire package of insurance which includes commercial property, general liability, commercial auto, crime, commercial umbrella, employment practices, liability, director's and officers' insurance, workers' compensation, broadcaster's liability and officer liability insurance. Sara clarified this did not include health insurance. She indicated the grand total for that package for the year would be $62,129.00, which would be a savings of about $10,000.00 over the current year.
Penny Austin moved the Board accept the entire package.
Janice Stockton seconded the motion.
Steve asked if there is anyone wishing a discussion.
Linda said for the benefit of the public she wanted to confirm if there was a due diligence process.
Sara said yes. Sara continued and said we did ask for a bid and we received 3 proposals. She said we actually had John Walsh from our Board and Joe O'Connor from Bunger and Robertson go over the proposals with a fine tooth comb. She explained that she and the others involved went back to check and make sure the coverage was the same. Some of the bidders actually adjusted their costs and their coverage based on the follow up done. So she did give every firm a second chance to match the numbers. She is very sure they have the detailed layout of the coverage matching the library's current coverage.
Steve asked the secretary to record that at this point in the meeting, Randy Paul left the room.
Steve asked if there was any further discussion or questions regarding this matter. There was none. Steve asked for a vote on the motion. All Board members present in the room voted in favor of the motion. The motion passed.
At this point, Randy Paul rejoined the meeting.
Sara gave a brief explanation to people who would see the meeting televised on CATS. Sara presented a PowerPoint presentation regarding the health insurance renewal process and the 28.1% increase for 2008.
She summarized options 1, 2, 3, and 4 which were presented at the Board work session on December 12. All four met the Library budget, but either increased costs significantly for staff or reduced benefits.
She presented "improved" options 5, 6, and 7, in which the library absorbs more of the cost. Option 5 would keep current 90% library/10% employee contribution and the library would pay an additional $35,000. In option 6, the library would pay 100% of health insurance costs for employees in Pay Grades 3-11 and 90% for those in Pay Grades 12+; the library would have to find $65,000 beyond what is budgeted. (Sara checked this option with Tom Bunger, our attorney, and he doesn't recommend it, because of discrimination.) In option 7, employees would pay the same amount as in 2007; the Library's percentage would climb to 92% and the Library would need to find an additional $69,000. Sara recommended using the $10,000 just saved in property/liability insurance, $10,000 budgeted for furniture, and lagging hiring for open positions.
Janice asked what budget lines the additional funds would come from. Sara responded she doesn't want to cut into the budget beyond the personnel lines and doesn't want to eat up the library's savings such as the Rainy Day Fund. This is an expense that the Board will have to face for other years to come.
Sara indicated that she and Bonnie will plan for a larger increase, as it will be easier to have the funds in the budget rather than to find the money to cover the costs at the last minute.
Linda asked where the money will come from in next year's budget. Sara responded that she would use the insurance funds, the furniture funds, and money from the vacant associate director position and other positions that would come open during the year.
Linda asked about the positions that Sara will keep open. Sara answered that she felt in the long run it would be better to have fewer, but well paid and fully-benefited staff, in order to remain competitive and attract the very best people.
Janice asked if the Library could use more volunteers. Sara said the Library has lots of volunteers now, but it can't run the operation only on volunteers. She indicated the Library has to have leadership. Sara said when she asked staff the previous week, she knew it would be hard to get a consensus because they would have to vote based on what choice fit their situation. Sara reminded the Board about the staff preferences based on the vote the staff made among the choices. Based on the results, she was looking for an option that would cause staff to pay a little bit more, but would satisfy those groups that would need coverage and still make the increase manageable.
Sara reported that she knew that staff members and a couple of Board members were concerned about improving family coverage. She shared statistics of the Library's health insurance coverage compared with that of City and County government as well as peer libraries. Sara indicated the contributions by library employees were low compared to those at the City and County government.
Linda asked how the coverage compares though. She said that's a part of the factor in all this.
Ginger responded by saying when they compared the other organizations' coverage, it was similar; some of it was identical. She continued by saying the County has Anthem.
Linda asked if they pay the same deductible and co-pay.
Ginger said yes, but said some of their prescriptions were a little higher.
Sara explained what she was trying to show with this is not comparing the coverage so much, but just comparing the range. She further stated that for the library it goes from $20 to $343. For almost all the other organizations they looked at, the amount starts out a little higher and ends up substantially lower. What that showed her is that the library is treating their individual employees fairly well even with an increase if that's the route the Board chooses, but it would punish the employees with families. Sara stated she really believes it is a choice the Board has to make. She said there isn't a place where everyone wins.
Sara said there were several brand new options, just as of today, which included full-time and part-time employees and families. She apologized, but said she and her staff have been busy crunching numbers and trying to find a suitable option since the previous week.
In option 8, the Library would pay 80% of costs for full-time and part-time employees and for dependants; the Library would need to find $138,000.
In option 9, the Library would pay 70% of total and would need an additional $83,000.
In option 10, the Library would pay 60% of the total and the Library would save $20,000.
Sara explained it's the same dollar amount. It's just shifted depending on whether the Library pays it or the employees pay it, and which employees pay it.
Steve asked Sara to stop for a moment.
Penny said if looking at options 7 and 8, she didn't understand the 80% of costs for part time employees. She asked if a person were to work 20 hours per week, if the Library would pay the entire 80% or if it would pay half of that.
Ginger responded that every employee would pay 20%; it's not prorated by the number of hours per week worked.
Sara said the benefits of this kind of option would be for part-time employees and people with families.
Linda stated that if she's thinking about next year and not thinking about the budget per se, this seems to her to be an incentive for people to come into the Library's insurance program.
Sara responded by saying she believes Linda's assumption to be an accurate one.
Linda asked what that would do to the Library.
Sara answered there is no way to predict that but she would expect under any of the options where the Library is covering families that Monroe County Public Library will have more people come into the insurance plan.
Ginger added but only if the Library has open enrollment so there would be some predictability.
Linda asked Ginger if the Library would plan to do that anyway.
Ginger responded there are limits to when people can join so there is some predictability.
Linda responded she understands that. She asked Ginger if open enrollment would happen in January.
Ginger said yes or within 30 days of hire for new employees.
Steve shared right now the Library only has 18 people who cover their spouses and/or their children; and the Library currently has 56 people who are on the single plan. Steve said he believes the Library would see a big influx of people who want to come on to the library's healthcare plan with their families. He added that would drive the Library's total cost very high.
Sara agreed with Steve. She encouraged the Board to think of these costs as the minimum increase. She added it could be substantially more.
Sara explained option 11, in which the library would pay 80% of costs for full-time and for dependant, part-time staff would pay a larger share, and the Library would have to find $103,000. Sara said this option would seem a little unfair to her. She said the library would be treating employee's dependents better than its own part-time staff.
Steve asked if the library would start covering spouses and children of retirees. Sara said she didn't know. John pointed out retirees would not usually have dependent children.
Ginger confirmed that the Library would only be covering retirees, not dependents. She offered to go get personnel manual to check and be sure. She left the meeting to retrieve the manual.
Randy said he would like to call for a special meeting to resolve this by December 31.
Steve indicated there was no point scheduling a meeting if no one could attend. Talk ensued about when and who could be at a specially-scheduled meeting.
Sara suggested that the Library could pay month-to-month for the health insurance coverage if the Board needed more time.
Fred said he didn't want the Board to meet during the holiday break if they didn't have to but he was also concerned about this issue. He would like to see what other options were possibilities.
Ginger indicated Bonnie would be back next Thursday.
Steve said we should wait for financial officer. He commended Sara and Ginger for doing their best crunching of numbers today.
Randy said, with an increase in health insurance, people might have to drop their dependent coverage. One of those people has a daughter with health issues. He said he was having a hard time with this issue. He said some staff may have to get second jobs. He asked what it was going to look like when librarians were working at MCPL during the day and then patrons saw that same person delivering their pizza at night. Randy recommended that the Board take some time and make a decision later.
Steve said we've never had such a drastic increase before. In the past he didn't believe the Board has ever had staff input.
Randy said that was because staff was prohibited from speaking to the Board before.
Ginger said the HR office heard about it. That's why they tried to offer a Flexible Spending Account last year. Only 5 families indicated interest.
Steve said that the question was whether the Library should feel obligated to cover families. If money was no object of course the Library would do that. But money is an object.
John agreed that the Library is a place where families come with children and it could run the risk of having no staff with families here anymore because they couldn't afford health coverage. He indicated Option Number 12 appealed to him because it would help some of the people who were going to be in real distress.
Linda asked what the change in costs would be.
John said the pay period cost would increase from $20 to $60.
Steve asked if the increase reflected would be per pay period or monthly.
Sara asked Ginger to go back to the PowerPoint slide titled "MCPL Statistics".
Penny said she felt for people with families.
Randy reiterated that the Board needed more time.
Steve agreed. He said the Board was floundering on this issue. He said the Board needed to wait until Bonnie could be present. Steve asked the Board members if they could meet on the 29th.
Steve asked the Board members if they could be at a 10am meeting on December 29. Linda, Penny, Fred, Randy, and Steve indicated they could attend.
Randy said the Board needed to form a task force to work on health insurance during the next year so it is not faced with the same situation next year.
Sara asked Ginger if we could look at paying a portion of the family coverage. Ginger said yes, she could develop other options.
Steve asked that as Sara and Ginger look further at this matter, they keep the library's legal counsel involved so that the library doesn't wind up facing legal issues.
Linda said she did not believe the Library could add coverage for dependents, since it was already facing a steep increase.
Fred said if he had to vote tonight it would be 12 or 13. He asked the secretary to go back to the page with options 12 and 13.
John said the Board should choose an option that will fall in place with the library's budget, but also get one that helps families.
Sara responded that what she's hearing John say is that he doesn't want to explode the budget. She promised to work on options that addressed the Board's and staff's issues.
Randy asked Sara where the money saved through lagging hiring would come from. Sara said she does have the associate director position open right now and won't be filling that until at least March. She also mentioned the IT position that was currently open and indicated it had been open since October. She explained that she didn't intend to get rid of any positions.
Randy asked if there were any positions open from previous administrations. Sara replied no.
Steve asked if there were any other comments, or whether the Board members could postpone further discussion until the board meeting on the 29th.
Sara presented the salary schedule and reminded the Board that it was unchanged from the September budget approval.
Randy moved to approve. Penny seconded the motion. The motion passed.
Sara said the holiday schedule includes 10 days in 2008, unchanged from 2007.
Penny moves to approve the schedule; Randy seconded. The motion passed.
Sara presented partnership agreements with El Centro Comunal Latino, Bloomington Parks and Recreation for Banneker Center, Monroe County for CATS, and the Town of Ellettsville for CATS. She explained the Library hadn't received the CATS contracts from the City of Bloomington yet, so those will appear on the January agenda.
Randy moved to approve the contracts; John seconded, the motion carried.
Steve asked if the Library had received its tax distribution.
Sara said no and presented the resolution to allow the Library to borrow from its own LIRF funds until it receives its December 2007 tax settlement.
John moved; Penny seconded and the motion carried.
Sara reported that the State Board of Accounts had completed an examination of the 2005 and 2006 years and had no findings.
Steve said he was proud that the report had no criticisms.
Pam Wasmer introduced herself as the new Collection Services Manager and presented a report on her department's activities.
Linda asked what was the total materials budget. Pam answered that the total was $1,000,000. Linda asked if it had been $1 million for the last two years. Pam confirmed.
Linda asked if all of the collection budget went for materials. Pam explained it is really hard because the Library outsource processing.
Linda said she wouldn't be on the Board to set the 2008 budget, but asked what cost increases would do to the collection budget. Pam said it would decrease the number of items the Library could purchase.
Fred asked if the Library had had to drop some newspapers and magazines. Pam replied that the Library did not buy as many multiple copies.
Postponed until January.
Sara talked about the contract from Odle McGuire and Shook. She thanked Mickey Needham and the Ellettsville staff and others on the team who have done a good job developing options for using the current and new space.
Sara said Tom Bunger has reviewed the contract, which is for up to 2,000 square foot addition.
Steve asked Tom Bunger if the amount for architect fees was $50,000. Tom confirms that was correct.
Linda asked if that was for all services or just the basic design. Sara said that is the cost of the design. The other fees outlined in the contract are optional services that the Board might choose.
Steve asked if there were any comments from Board.
Randy asked Sara if the Board had seen this contract before. Sara said no, this is a new contract showing the enlarged square-footage.
Randy asked if we needed to make a decision tonight. Sara said no.
Randy asked to delay the vote until the meeting on the 29th.
Steve concurred and encouraged any board member who wanted to look at the contract to request to see any of the three copies.
Randy said he wants it on record that the County Council had expressed no concern at all. With that concern dismissed, the Board should feel fine about moving forward.
Steve confirmed that it would be noted in the minutes.
Sara presented LINK Trustee Recognition pins to Linda Hunt and Janice Stockton. She will deliver David Ferguson's.
Steve appreciated the trustees' hard work. He asked for any public comment.
Phil Eskew addressed the Board, expressing how excited he was about the vote tonight. Phil then read a letter from the AFSCME Organizing Committee, stating that they have cards signed by 30 percent of eligible employees as required in the resolution. He shared copies with the Board.
Steve advised Phil to share the copies with the library's attorney.
Ned Powell addressed the Board and asked them to consider two things that he feels would make the Library more user-friendly. He suggested an amnesty period and a reduction in Library fines. He felt that the previous library director was using fines to finance the library. He also said it seems like he gets to a fine limit a lot now, when he seldom reached it in the past. The last thing he expressed to the Board is that he really appreciated the vote tonight.
The meeting adjourned at 7:56 pm
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