Positive Discipline

"Positive Discipline", MTAS Workshop, 8/27/10

This workshop concerned the use of discipline to improve job performance, as opposed to "punishment".

Some thoughts I got from this workshop that I will apply to my work include:

-Generally 5-10% of any Team are low performers. These personnel take up a lot of supervisory time, drag down the team. Also 5-10% of any Team are "stars" and generally will do well no matter what.

The Instructor suggested Supervisors spend more time on the "almost stars" to make them "Stars" rather than wasting time on low performers who won't improve.

1. Hiring better is the first priority since hiring the right person is the key.

2. Placement is also a priority, in that the right person needs to be in the right place, in a match of needs and abilities.

3. Asking a person to change can be intrepreted as "what am I doing wrong?" The suggested method is to emphasize change to results, not as "doing something wrong".

One concept that I especially liked is the idea of "setting expectations" rather than merely trying to improve behavior. The instructor mentioned setting expectations "early and often".

The instructor noted that 15% of Job Performance problems is lack of skills while 85% of Job Performance is attitude or behavior. After the Workshop, my observations were that lack of skills actually a small part of most problem personnel.

I have researched "setting and communicating expectations" since the Workshop and feel this concept was an especially valuable thought from this Workshop.

Stop Overdoing Your Strengths

Robert E. Kaplan and Robert B. Kaiser, "Stop Overdoing Your Strenghts" (Harvard Business Review, February, 2010)

The book "Now Discover Your Strengths", the ICMA Workshop on this subject, testing and other articles and workshops etc. made sense to me and I try to use the concepts of "suing your strengths" both as a Manager and also I encourage personnel to utilize these concepts.

Since the concepts of using your strengths rather than concentrating on trying the improve my weaknesses is a major change in my thinking in recent years, this article with the theme that you can "overdo" your strengths was interesting and educational.

The Article basically states that we need to be careful to not overuse our strengths to the point that they are become "weaknesses through overuse". While this may appear to be common sense, I appreciated some of the points of the article.

The article stated that research indicated that the effects of overuse of strengths could have negative impact on team performance, especially in the areas of vitality and productively and ALWAYS in performance. While I always realized overdoing strengths could be harmful, the article states even a "little" overdoing could be harmful.

The article basically states that a manager needs to find "balance" by acknowledging the strengths overused and redirecting strengths. Some techniques suggested included co-worker ratings (a "5", or whatever top rating is used may indicate overuse of a strength), making a list of qualities I want in a leader and analyzing the list to see if I am overdoing any of them, and checking for "lopsidedness" (by getting feedback) and simply checking with a trusted colleague, counselor or friend or spouse.

"Redirecting Strengths" is the next, and most difficult step, to become more balanced in leadership style.

The article also provides several sources for helping self-analysis.

While I haven't started the through analysis, I have thought of several areas where I need to become more balanced, and the article has already had an effect on my management and relationship style. This is an article I am going to keep and reflect on in the future to measure my progress.

Seminar on April 30, 2010

When Work and Lifestyles Collide: How to Avoid Lifestyle Discrimination-Seminar by Weintraub Stock P.C., April 30, 2010

This seminar was valuable in that it reinforced the importance of being consistent in treatment, while avoiding disparate impact on protected classes.

More importantly, it updated me on some of the recent developments in this area so I can review our current practices and update Supervisors on it.

Some highlights of this seminar:

-Federal Court is better, since State Court is more subject to manipulation. However, Federal Court requires filing before the EEOC which provides the plantiff with free discovery

Lifestyle Discrimination Claims include Sexual Orientation, Physical Appearance, Pornography, Body Pieircing, Tatoos

GENERAL RULE: Treat all personnel the same. EXCEPT

-Can’t really do this so have to “accommondate” protected classes.

“Disparate Impact”: Neutral practices may have adverse impact on someone in a “protected class”.

RECOGNIZING HARRASSMENT

-Judged by looking at all the circumstances, not measure in isolation, includes a “reasonable interference” at work

Anyone can harrass anyone (including Vendor to Employee etc.)

TANAGIBLE Employment Action:

-Significant changes in job (hiring, firing, promotion, pay etc.)

***Employer has “vicarious liability” and consequences in tangible employment actions

Employer liable where “should have known” and failed to take action

SCOPE OF EMPLOYMENT:

Employer must have firm policies in place to demonstrate not work related.

Non-Verbal (gazing, leering, touching etc.) and “Visual Harrassment” (explicit pictures, improper pictures, “overabundance of pictures reflecting personal choices”.

KEY: Take care of a problem, investigate and take remedial action. Don’t worry about being accused of reducing liability etc., just take care of the problem

“Barnes vs. City of Cincinnati (Transexual case)- “Impact on Workplace” is a factor of defense.

Physical Appearance-body piercing and tattoos:

-Business impact: CAN prohibit tattoos (if consistent) if for business purpose and attempt to accommodate religious reasons

-Avoid dress codes that impact on national origin etc.

-Red Robbin (court case concerning tattoos)

-Cloutier vs. Costco Wholesale “Church of the Body Modification”

RELIGION CLAIM:

Ask questions! (for example, how long member, how old church, exceptions to the faith?)

-THEN, “how can we accommodate” (if can’t can terminate not on beliefs, but on actions or performance)

GROOMING STANDARDS, DRESS CODES

-Allowed to set “reasonable business standards” fitting in accordance with business needs.

-May depend on position

-Watch for ADA

-Physical Appearance: Weight, grooming, physical etc.

Abercrombie & Fitch “Look Policy”

Weight is a huge issue

Pornography: Access through computers

Court case: U.S. vs. Ziegler

Court Case: Doe vs. xyz corp

SMOKING:

Both “smokers” and “non-smokers” (freedom from 2nd hand smoke) may assert rights

-Be consistent

--Failure to maintain a smoke free workplace

CELL PHONE ISSUES:

-Prohibit use and texting on city vehicles etc.

-Use handsfree or pull over policy

NOTE: Can track cell phone records to see if driving and talking

April 28, 2010 Seminar (not posted yet)

“Health Care Reform” April 28, 2010 (Seminar presented by FordHarrison)

This seminar included aspects of the new “Health Care Reform Act” for employers.

Some information I obtained which I felt was important is:

-Many important decisions are to be made “by the Secretary”, so many decisions aren’t even made yet.

-Implementation will actually be by the Department of Labor, IRS and HHS.

-Provided details of the Law concerning timetables for the new law.

-Learned the a “long term care” plan which will be available to all personnel with a 5 year period before claims can be filed.

-Learned details of the new such as requiring no deductibles/copays for may treatments and for child medical (dental/vision?) care. Age to be established “by the secretary”.

-Learned several details which will be valuable to some city personnel concerning coverage for children etc.

-Learned Medical Reinbursements for over-the-counter medicines is being eliminated and limits reduced to $2,500 (costing employees who have large expenses)

-New taxes to pay for health reform.

The presenters also emphasized that there will be changes before many of the new changes become effective.

Entry # 1, 2010: Legal Update

Municipal Technical Advisory Service, Wednesday, January 20, 2010. Training Instructor: Melissa Asburn, Legal Consultant

This training was an update in a variety of areas, including the Americans with Disabilities Amendments (2008), Family and Medical Leave Act amendments, Open Records and Open Meeting Law updates and reminders. The update also included information on the Code Enforcement and the Tennessee Clean Energy Act of 2009.

American with Disabilities Amendments (ADA)

-The ADA updates concerned recent amendments which significantly broadened the coverage of the ADA to the point that almost anyone can make a claim under the law. Some of the major changes included:

-Puts burden on employer

-Greatly broaden coverage of what a disability is including "regarded as disabled". Disability expanded to "Substantially limiting one or more major life activities", with "major life activities" including almost anything.

-Defined "substantially" as "compared to most people in the population".

Major discussion included how to comply with the law. Included evaluating Job Descriptions to insure that the "mental and physical requirements of the job" are specified and thoroughly discussed.

-Also, include the question "Are you able to document essential functions of the job" on the application. (Thoroughly note on job description.)

Family and Medical Leave Act (FMLA)

-Reviewed changes in the FMLA and military leave requirements. (FMLA does not apply to Lakeland)

Military Leave

This reviewed changes to the USERRA. Basically reviewed reemployment rights of service members. This was a good review, although at this time no personnel are in the military. This did alert us that in the event of an employee in the military we need to review the law carefully to make sure the City complies with the law. The technicalities are numerous, so this is something to review in the event it comes up.

COBRA (health insurance extension): I did not realize that the employer paid 65% of the Cobra payment (with reimbursement by the federal government) until I took this class. In our case, the 65% is reimbursed.

EEO/Title VI updates etc.

-Retaliation claims can be made by employees who have not actually filed a claim, but merely answered questions in some circumstances

-Legally sound tests, highest ranking persons (and meeting other selection criteria) must be selected for promotion regardless of race

OPEN RECORDS

-New Amendments to Open Records Act. Call "Office of Open Records" with any questions. Changes in charges, requests etc. For example, if requester refuses to fill out form, fill it out for them (can't deny if refuses to fill out).

CODE ENFORCEMENT

-Updated on laws on Code Enforcement. Also reviewed the Ordinance by which the City can file a lien for resolving a Code Enforcement problem (overgrown weeds etc.). Ordinance provided the City needs to pass first.

MODEL CODES

This concerns the Model Building Codes (building, plumbing and electrical etc.) and the procedure for adopting them.

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.