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Tuesday, March 26, 2013


This post will be short , it is the first one I am writing using a new I-phone app.

Word is that a veto message is being composed by Mayor Segarra to strike down the council's overtime resolution passed last night.

It is unclear whether the votes would exist for the Council to override a veto.

More on this when I get to a computer and can actually type on a keyboard


Anonymous said...

Something to look into. The council apparently dropped a stone in the staffing pond without understanding the ripples. It looks like they passed the residency issue. Unfortunately their common definition of unclassified employees and the legal (municipal code) definition are quite different.
According to the municipal code (Sec 5e3) unclassified employees are defined as:
Classified and unclassified service. The civil service of the city shall be divided into the unclassified and the classified service. The unclassified service shall comprise:
(i) Officers elected by the people and persons appointed to fill vacancies in elective offices
(ii) Members of boards and commissions and any officers appointed by the council;
(iii)The heads of departments appointed by the mayor, and deputy heads of departments who shall be appointed by the respective department heads, with the concurrence of the mayor, and shall serve at the pleasure of the respective department heads, and not more than one (1) confidential secretary in each department, except that the city assessor, the director of human resources, and the tax collector shall be members of the classified service;
(iv)Employees of the board of education;
(v)Staff in the office of the council and in the office of the mayor, including the chief operating officer and the assistants to such chief operating officer;
(vi)The corporation counsel and special counsel appointed by the corporation counsel;
(vii)The assistant city treasurer;
(viii)Persons employed in a professional or scientific capacity to make or conduct a temporary and special inquiry, investigation or examination.
So based on municipal code employees of the board of ed are legally unclassified and need to have residency. My guess is that this is only the many non-union staff, but it represents a big kink in enforcement. The city cannot arbitrarily enforce this law or decide who is or is not required to maintain residency based on the political winds. For example there are people on the list who are neither department heads nor deputy department heads and are considered “unclassified” despite their not matching the language in the code.
My guess is that the city is going to lose this one at the labor board and spend plenty of money defending it.

Ernie said...

Are unclassified (non-union) actually protected by state labor board?

Anonymous said...

Of course Pedro is going to veto it. How else is he going to get his body guards to go out drinking with him if they are on their own time?