FCHA member looks to restore appeal policy
Fayette County Housing Authority board member Angela M. Zimmerlink wants to restore a personnel policy provision that gives administrative employees the right to appeal a grievance to the board of directors. Zimmerlink’s proposal would give administrative employees covered by civil service the same appeal rights enjoyed by the authority’s unionized maintenance staff and project managers. She called it an “extra cushion” that could head off a lawsuit or state civil service reversal.
However, Executive Director Thomas L. Harkless, who has the last local word on administrative employee grievances, said he would “strongly object” to making the change, which he believes would undermine his ability to manage effectively.
“I think this would be sending the wrong message to the staff,” Harkless said at Thursday’s meeting, where Zimmerlink unveiled her proposal. Harkless said that if the change were implemented “one ornery person” could cause a lot of problems.
Nonetheless, Zimmerlink made a motion to give administrative employees 10 days to appeal any decision by Harkless to the board. It died for lack of a second.
Board member Beverly Beal said she would like solicitor John M. “Jack” Purcell to research the matter further. But Purcell said the real issue is simply whether the board wants to make the change.
“It’s really not going to be a legal decision,” said Purcell, who noted that the matter boils down to the time-honored question of whether to vest final decision-making power with the executive director or the board.
Beal noted that the board already has the final day on major personnel matters, such as hiring, firing, demotion or transfer of an employee.
Zimmerlink, buttressing her position, asked why the board would be reluctant to get involved in the grievance procedure when it had moments earlier formed a committee to work with Harkless on fine-tuning a proposed salary and position schedule.
Harkless has advocated for months that the board adopt that document as prepared by consultant Peter R. Johnson Co. Zimmerlink said the board apparently has no qualms about questioning that Harkless proposal, and asked, “How is it different?” than restoring its role as a layer of the grievance procedure.
Other board members said the difference was one of having board input into developing a policy versus having the board overrule a management decision by Harkless.
Harkless added that he’s always kept the board fully apprised of all grievance matters, and said that while he’s had an “open door policy” for employees, his authority would be greatly undermined if employees think his word is no good.
Regarding the salary and position schedule, board chairman Kenneth L. Johnson to form a committee to work with Harkless in fine-tuning that document. Johnson suggested that vice chairman James V. Bitonti and board treasurer Beal serve on that committee.
Although Beal offered to give up her committee seat to Zimmerlink, Zimmerlink said that wouldn’t be necessary. However, Zimmerlink said that she wants informed of the contents of the final product, in advance of the board meeting where adoption is scheduled for a vote.
The board’s step in the administrative employee grievance procedure was eliminated in the most recent personnel policy that was adopted, a deletion that sparked Zimmerlink’s attempt to restore that language.