Community Involvment (11-15-09)

Community Involvement (film), ICMA/Brownfields 11/15/09

This persentation emphazies the importance of community involvement (earlier the better) and how it is he key to a successful project.

Mentioned types of (Charrettes and commuity outreach to organizations.).

"Conflict" is the natural part of the process, and what can be worked out.

IMCA/Brownsfields: Community Involvement.

The presentation emphasized the importance of "listening to everyone" whether you agree or not.

Use the "Vision" of the community to guide discussion. Should involve as much of the process as necessary

This presentation had some important points to reinforce and it is especially timely for me.

TCMA: "Modern Design and Construcion in Tennessee

Tennessee City Managers Association, October 28, 2009, "Modern Design and Construction in Tennessee governments"

This was a presentation by a law firm that specialized in construction management and contracts. The session reviewed reducing and managing "risk exposure" such as improper design, faulty consultants, delays, bodily injury and other risks and dangers in construction management.

This was a valuable session, since I have never attended a session that went into this valuable subject. Some thoughts:

Project phases include Project Planning; Design, Bidding, Construction and Inspection. The City is a participant in every phase.

They emphasized importance of being an "Active Owner" and being involved in all phases of the project. The "Active Owner" leads the project, the Passive Owner allows consultants etc. to take over the project and does not maintain control of the project. The Passive Owner focuses on project costs rather than value.

Some thoughts that I noted for future reference include:

-Insurance-make sure getting what paid paid for.

-Professional Liability Insurance: Generally limits are too low, need coverage over over all phases of the project and generally there are limited defense costs

-Builders Risk Insurance: Owner should purchase this, since this is a profit center for the contractor and, if the City purchases it, it insures it is adequate. Get "All Risk" policy

-Commercial General Liability: Injury, property damage etc., have coverage for at least the duration of the contract.

- of Care" Assume necessary for professional services

-For all contracts etc.(including consultants etc.), avoid using the "standard form"-it tends to favor the consultant etc. Especially watch for "waivers". Standard

Especially negotiate: Scope of Work definition; Change Order provisions and the scheduling provisions.

This was a very valuable session, especially since I need to improve in contract/project administration and this definitely provides infomation an this.

WHAT IS SUSTAINABILITY

Sustainability is a word which is frequently used, but what does it mean when it comes to cities? One of the goals identified by the City of Lakeland is to be a "Sustainable City" and Shelby County has a program on "sustainability".

I recently read a definition of Sustainability that I feel communicates the meaning well. (It is from a document by the City of Alexander, Virginia):

"A Sustainability Community is an environmentally, economically, and socially healthy place people can live, work, and play for decades to come.

ECOLOGICAL SUSTAINABILITY: Ensures that all parts of the natural and built environments work together as a single ecological system.

ECONOMIC SUSTAINABILITY: Ensures a healthy economy that supports and sustains people and the environment in which they live over the long term.

SOCIAL SUSTAINABILITY: Ensures that a community meets residents' basic needs and has the resiliency to prevent and/or address problems in the future."

Pandemics

“IS YOUR BUSINESS READY FOR A SWINE FLU PANDEMIC”. Seminar by Ford & Harrison, September 29, 2009.

This was a briefing on steps to take as a precaution for swine flu or any type of emergency.

One of the key thoughts I learned was that the employer (or anyone in any official capacity as supervisor etc.) etc. should ever give a reason why someone is out of the office due to illness. Since the employer also has an obligation to advise personnel about possible risks in the workplace, this can pose a dilemma.

Also, I learned that a “Pandemic” means only that it is global in nature, not whether or not it is serious.

Since Workplaces are a “point of spread” for flu etc., precautions are important.

Some possible strategies mentioned to contain the flu are:

-Isolation
-Quarantine
-Social Distancing
-Closing places of assembly
-“Snow days”/week
-Furloughs
-Changes in movement patterns.


Some Workplace Mitigation Measures also are:

-Sick employees stay home
-Employees with sick family member staty home
-Sent symptomatic employees home
-Encourage respiratory etiquette
-Encourage good hand hygiene
-Increased cleaning of common areas
-Encourage vaccinations and calls to Dr. as soon as possible if have flue symptoms

WHAT SHOULD WE (COMPANY, CITY) BE DOING?

1. Have a Business Continuity Plan (we are developing one)

2. Identify critical functions and whom is needed to support them

3. Assess ability to support telework/staggered shifts.

4. Create HR policies to be used during a pandemic

5. Evaluate your ability to assess your facility during a pandemic l

6. Consider alternative work facilities

7. Identify critical suppliers and their readiness to support during a pandemic.

8. Identify key government partner

9. Have a succession and crisis response plan

10. Educate employees.


Create “Pandemic Team” to act to establish an (1): Employee and (2) develop protocol for warning employees

ESSEN ITAL:

Determine Essential employees, what is critical for the business to operate, critical partners and suppliers and essential technology needs.

COMPANY POLICIES AFFECTED

-Absenteeism

-Sick leave

-Wage payment

-Medical Leave

-Benefits

-Bereavement

Educate employees on the signs of infection, how transmitted, sanitation and city policy.

POTENTIAL LEGAL ISSUES

-ADA,

TOSHA, (workplace free from “recognized hazards”O)O

FLSA-Working from home issues

FAQ’s

-While personnel should be advised of possible swine flu etc., actual employee is not to be identified.

-Employer can ask questions to determine if employee is able to work or should work due to possibility of infection.

Helpful resources:

-www.cdc.gov; www.who.int/en/; www.health.state.tn/usH1N1.htm; www.osha.gov/dsg/topices/pandemicflu/index.html

www.flu.gov

Leadership 101

LEADERSHIP 101: ICMA Conference, September 16, 2009 (Brain Bosshardt and Michele Flaherty)

While this was a good basic review of "leadership", it also provided me with some good ideas and some thoughts on actions I could take.


CULTURE OF LEADERSHIP:

-Leadership (about PEOPLE): Deals with uncertainly and effusiveness; defines problems, asks questions, creates values-generally long term

-Management ( about THINGS): Deals with complexity, efficiency, programs, systems and processes; solves problems, answers questions, adheres to values, gets things done, generally short term

(this helps answer this question, which always comes up, what is the difference between a leader and a manager!)

A Culture of Leadership
-Fosters collaboration
-Being your own Authority
-Difference between making a life and making a living.

Leadership Skills:

I. Initiative (JUST DO IT!):

-Don't bring problems, bring solutions
-Take more risks
-Learn from mistakes, evaluate and plan next time

A. Stop being an Obstructionist

-Don't "already know it won't work"

B. Speak Possibility

="how can we make this happen"

- "stop venting, lets do something about it"

C. Circle of Influence"-FOCUS ON WHAT YOU CONTROL, NOT WHAT YOU DON'T CONTROL"

D. Empower others to initiate

-Push decision -making to the lowest informed level

s -Delegate, Delegate, Delegate

-Good manager delegates technical work to invest time in becoming a better leader

II: Trustworthiness and Credibility (keep promises, underpromise and overdeleiver)

-Honesty is the #1 Leadership trait

-Walk your talk-model desired behavior, ask for feedback

Questions include: "How can I better support you" and "What else would you like from me?" "How can I be a better _______"

III. Shared values: Alignment with vision/values of your boss, organization and self

-Vision: Everyone pulling in the same direction

-Values: Acting in accordance with our principles

QUESTIONS: In order to become a better ________

1. What would you like me to start doing or do more of?

2. What would you like me to Stop doing or do less of?

3. What would you like me to Keep doing?

The handout also included some detailed information on developing a culture of leadership and, especially, delegation. I probably won't have time to review this in any detail, but I will discuss it with my Assistant and see if she and I can prepare some action items on developing a better culture of leadership in our community.

Effective Public Meetings

CONDUCTING EFFECTIVE PUBLIC MEETINGS Nan Stager and John Krauss, National League of Cities, June 29, 2009)

This seminar emphasizes the role of public input in the decision making process.

One of the keys is to address the problems early in the process. The public is more likely to take psychological ownership in the decision and is more likely to comply with it. Public input processes educate the public about the complexities of the issues and give the public a real voice in decision making.

I: Story Boarding technique for Public Input

A. Participants respond to a question raised by a facilitator by writing their response and then posting it for all to see

B. Responses are then grouped by theme (Benefits are it enables persons to quickly express concerns in an anonymous manner, gets a lot of opinions out in a short time period, gives a "snapshot" of opinions and provides the means to provide an agenda, address concerns and develop options.)

II. Interest Based Negotiation

-Separate people from the problem (Avoid emotional attachments, personal issues with problem etc.)

-Focus on Interests, not positions (Position is what you have decided on, Interest is what caused you to do decide): Interests on both sides are often compatible-for every interest, there exists more than one option to satisfy it.

-Generate options for mutual gain. (Generate multiple options, think outside the box, LOOK FOR MUTUAL GAIN, invent ways to make their decision easy, help the other side save face)

-Insist on Objective Criteria-an independent standard-(Differences should be settled on principle, not pressure; objective criteria applies to both sides; parties should agree on relevant objective criteria and how to get it

III: Know your "Best Alternative to a Negotiated Agreement" (BATNA)

-Basically there is usually more than one alternative to a negotiated agreement-choose the best one

-Judge every alternative against the BATNA

Thoughts on "breaking the positional bargaining cycle"

-Treat positions as possible options

-Don't get defensive, ask for criticism

-Recast personal attacks as attacks on the problem

-Focus on future, not on the past

-Don't react, counteract


FRAMING THE ISSUE:

Framing the issue involves stating an issue in a way that both identifies what is at issue and what reflects most concerns and interests with the issue

-Goal of Framing: Create a common definition of the problem acceptable to all

FRAMING PROCEDURE:

1. Identify the parties common interests

2. Put the issue and interest in the form of a question (such as "what options are there", or "how can we"

3. If parties still argue, go back and re-frame the issue again


RULES OF FRAMING

1. One issue at a time

2. Neutrally-no one should feel blames

3. Mutually-Both/all parties should feel it is an issue they want or need to resolve

4. Short-use as few words as possible

5. Future orientation

6. Frame in terms of getting to resolution-HOW parties will resolve the issue

7. Frame the issue, don't solve it.

Thoughts on Framing Issues:

-Rule of "most obnoxious option" -Write down an option (usually the first will be the most obnoxious) and say "are there any other options?"

TPMA Meeting 7-24-09

Tennessee Personnel Management meeting, 7-24-09 (Educational portion)

Presentation by Tim Bland of Ford and Harrison

-Remember most jury members will be "anti-employer" and pro-employee.

-The "by God, it ain't right rule" will normally prevail, regardless of the law.

CORRECT PROCEDURE (What the Jury expects)

1. Employer tell employee what doing wrong

2. Provide details as to improvement needed

3. Time to improve

MUST give negative feedback when warranted. Fair to both if you give negative feedback early and provide chance to improve

TIMING is important. Some bad times to take negative action is:

-Workers Comp claim (right after claim etc.)

-FLMA (right after request)

-Whistle Blower

COBRA:

-Policy may have to note how many specific hours are required to work each week (Contract with the insurance company is the key)

-If not careful, the EMPLOYER may become the insurer if "Cobra" notice is not provided for employees who fall below the # of hours etc. requirement.

(Note: I checked and this doesn't apply in our case).

AMERICAN WITH DISABILITIES ACT

-No length of service requirement

Definition:

-Physical or mental impairment -substantial limits one or more life activities

-Record of such an impairment

-Being regarded as having an impairment

Have to consider the effect of medicine.

The new ADA law amendments significantly expanded the "Major Life Activity". May be regarded as "disabled" if "more limited" than the average person.

EMPLOYEE FREE CHOICE ACT

(Reviewed the provisions of this act)