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Commissioner Tom Balya Mayors' Forum
Minutes
Saturday, November 16, 2002, 9:00 a.m.
Lora's Restaurant, Main Street, Greensburg
Attending Mayors:
Butch Bellas, Ligonier
Joan Derco, Youngwood
Mary Dobos, Trafford
Karl Eisaman, Greensburg
Donald Kinosz, Lower Burrell
Phil Light, Laurel Mountain
Gerry Lucia, Mount Pleasant
James Roman, South Greensburg
Dan Rose, Irwin
Bill Serena, Oklahoma
Joyce Somers, Murrysville
Guest Speaker: Chuck
Dominick,
Westmoreland County Director of Human Resources
Host Welcome: Greensburg Mayor Karl
Eisaman welcomed the mayors to the city and thanked them for attending. He also provided
the group with a pamphlet promoting upcoming cultural events in the city and reminded
attendees about Greensburg’s upcoming holiday festivities.
Guest Speaker: Westmoreland County
Director of Human Resources Chuck Dominick began by stressing the commonality the county
shares with local governments in dealing with personnel issues, organized labor unions,
and compliance with workplace regulations. He focused on a number of laws that affect
workers’ rights and disability benefits.
First, Chuck addressed the issue of
compliance with the Americans with Disabilities Act. ADA requirements only apply to those
organizations with 15 or more employees, which may not affect some of the smaller
municipalities in the county. While acknowledging that the spirit of the law helps protect
workers, he also warned of ADA abuses and encouraged mayors to be vigilant regarding ADA
cases. Chuck offered the county’s resources, including publications and policies, to
those mayors who may need assistance with ADA compliance.
Chuck went on to provide information on
several other legal issues as they relate to personnel. The Family Medical Leave Act
allows employees up to 12 weeks off without pay for serious health conditions that are
documented by a physician. For the law to be applicable, an organization must have 50 or
more employees. The Heart and Lung Act applies to police and firefighters. It functions
much like standard Workers’ Compensation. However, during the employee’s time
off, that employee accrues vacation time and any applicable pay raises. Compensation from
the Heart and Lung Act is not taxable.
The "Weingarten Rights" extends
certain union protections to nonunion employees, but applies only to the private sector.
For example, workers have the right to representation, such as a coworker, during
disciplinary meetings with their supervisor. The "Loudermill Hearings" involved
a court case from an employee lawsuit. The ruling deemed that every worker, both union and
nonunion, has the right to due process and cannot be terminated without their "day in
court," thus preventing employers from firing workers indiscriminately.
Chuck also talked about the Health
Insurance Portability and Accountability Act (HIPAA) of 1996. This legislation has major
ramifications for all health plans and service providers, particularly since it sets forth
provisions for the security and privacy of employees’ health information. The county
is currently working on a HIPPA compliance strategy. While uncertain if each and every
municipality is covered by the HIPPA regulations, Chuck warned the mayors against assuming
they are not covered and encouraged them to begin researching the issue if they have not
already.
Chuck concluded by offering his assistance
and expertise (excluding legal counsel) on any questions that mayors may have on
forthcoming arbitration and workers’ compensation cases. Chuck can be reached at
724-830-3778 or via e-mail at cdominic@co.westmoreland.pa.us.
New Business: Commissioner Balya
updated the mayors on the status of the 800-MHz emergency radio system project. The county
is finalizing a bond issue to finance the new system. The county has a contract with
Motorola for the $12.4 million system, which is expected to be completed in June 2004. The
project will provide each of the county’s 218 fire, police, and EMS stations with
base stations and "rip-and-run" printers, which allow communication by voice and
data. Another $1.6 million will fund new / upgraded tower sites to ensure better physical
coverage and high-speed communications.
The county is using a federal grant secured
by Congressman John Murtha to purchase approximately 1,000 handheld radios and is working
on a formula for distribution. Commissioner Balya reminded the mayors that there are state
and federal monies available for the purchase of additional radios. Some communities have
already taken advantage of these programs to budget for their new radios. County Public
Safety Director Richard Matason is working with local emergency service providers to
ensure that that they are aware of these grant programs. Commissioner Balya offered that
the recent legislative tone in both Washington and Harrisburg may lead to additional
monies becoming available.
Commissioner Balya stressed that the
current low-band system, with its coverage limitations, will continue to function. Mount
Pleasant Mayor Gerry Lucia reminded the mayors to inform their respective police, fire,
and EMS to maintain their current systems for backup, even after converting to the 800-MHz
system.
Commissioner Balya explained that the
800-MHz project will be funded as part of a county bond issue later this year. Proceeds
from the bonds will also fund the construction of a new $10 million juvenile justice
center on land currently owned by the state Bureau of Corrections. Commissioner Balya
proffered that the new center is necessary to accommodate the rising number of juveniles
that are being arrested under new, tougher laws. As of September 2002, there were 470 more
cases than the previous year. The Commonwealth has agreed to swap land with the county on
which to build the new center. The land agreement is currently pending legislative
authority, which is expected soon.
The third project being funded through the
bond issue involves energy-saving capital improvements through the Pennsylvania Guaranteed
Energy Savings Act (Act 57). Through an agreement with NORESCO, the county will implement
$6.2 million in capital improvements in county facilities that will save energy and
utility expenses. If the savings are not realized over a 10-year period, NORESCO is
responsible for paying the difference.
Following conversation on these projects,
there was discussion on property taxes and whether the new gubernatorial administration
and legislature will act to shift and/or ease the property tax burden. There were also
discussions on the new open records law, which goes into effect December 1. The definition
of "open records" has not changed. However, government entities must provide the
information within five days or face penalties. The mayors were encouraged to familiarize
themselves with this new law.
Westmoreland County Community
College’s new emergency training center at the I-70 Industrial Park in South
Huntingdon Township is expected to be up and running by September 2003. The county is
working to making the center a training ground for weapons of mass destruction training as
well.
Murrysville Mayor Joyce Somers informed the
mayors that she is now a member of the legislative committee of the Pennsylvania League of
Cities. This organization lobbies the legislature in Harrisburg and reviews pending
legislation that affects local municipalities. Mayor Somers would appreciate feedback from
her county colleagues. She also would like e-mail addresses from her fellow mayors so she
can easily send them summaries of pending legislation for their input. Mayor Somers can be
contacted at 724-327-2100 or via e-mail at JSomers@murrysvillegov.org.
With no further business, the meeting
adjourned at approximately 10:30 a.m.
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