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Attachment F - Vacation rollover- CM response- Forwarded to CommissionFYI. Thank you, Donna L. Bartle City Clerk City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 (904) 247-5809 Florida has a very broad Public Records Law. Most written communications to or from State and Local Officials and agencies regarding State or Local business are public records available to the public and media upon request. Your email communications, including your email address, may therefore be subject to public disclosure. From: Gerrity, Joseph Sent: Friday, October 4, 2019 12:59 PM To: Bartle, Donna <dbartle@coab.us> Subject: RE: Vacation rollover Donna-You are right. I would mention that to the Commission. Joe G Joe Gerrity City Manager City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 (904) 247-5806 From: Bartle, Donna Sent: Friday, October 04, 2019 11:25 AM To: Gerrity, Joseph <jgerrity@coab.us <mailto:jgerrity@coab.us> > Cc: Elected Officials <electedofficials@coab.us <mailto:electedofficials@coab.us> >; Varian, Cathy <cberry@coab.us <mailto:cberry@coab.us> >; Corbin, Shane <scorbin@coab.us <mailto:scorbin@coab.us> >; Hogencamp,Kevin <kHogencamp@coab.us <mailto:kHogencamp@coab.us> > Subject: RE: Vacation rollover Dear Mr. Gerrity, I’d like to start off by saying, thank you for following up with a written response. I know we discussed this in depth already, but I'd like to reiterate a few points. I agree with your statement about being put in an awkward position. I believe it is unfair to the city manager to have to decide on this type of request from the city clerk when the city manager has nothing to do with the city clerk's schedule or time off. For that reason, I believe there is a disconnect between my contract and the current leave policy. When my contract was written and approved, we had a leave sell back program. Years later (in 2013) the leave sell back was eliminated and the maximum was reduced from 960 to 680. During the transition, anyone over 680 hours was cashed down to the new maximum of 680. So basically, you had to use all future accrued leave hours or risk forfeiting the excess. It is my understanding the when the city manager receives a request for leave to be rolled over, each request should be considered on its own merits and when there are circumstances where the employee was unable to take off due to vacancies, important responsibilities, workload, etc. their requests should be given fair consideration. Otherwise, why would the option to request rollover be provided in the personnel manual?. Much thought and time was put in my request (see attached) and I do not believe it was given fair consideration. During our discussion Wednesday afternoon, you told me that you had not allowed anyone to roll-over this year's excess leave and that you will not approve my request because it would be unfair to the others if you did. That was the only reason you gave me for your decision to deny and I expressed my disappointment about your decision and the reason for it. Since our conversation, I have discovered you did indeed approve a roll over request this year (see attached) to an employee based on circumstances not unlike my own. There was an email sent out yesterday to the elected official (see attached) where you stated, “ Last year I rolled over time for 4-5 employees with the warning that I would not do that again this year, and they were directed to take their time off or lose it, (again as the policy states).” My comment about that is you did not put that condition on my approved roll-over (see attached). You stated in your email below, “I am going to have to deny that request since there are 10 employees that will lose some PTO due to the not taking enough time off during the year, and if I do it for one person I have to do it for everyone.” Based on that statement, shouldn’t you approve my roll-over as well as roll-over for those other employees? Also in your email below, you implied there were several staff meetings that you mentioned no roll-over was being granted. I have no recollection of those conversations and am wondering if you know the dates of those meetings and whether I was in attendance? Please accept this as a request for reconsideration and allow me to roll-over my excess leave hours. Thank you for your consideration in this matter. Sincerely, Donna L. Bartle City Clerk City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 (904) 247-5809 Florida has a very broad Public Records Law. Most written communications to or from State and Local Officials and agencies regarding State or Local business are public records available to the public and media upon request. Your email communications, including your email address, may therefore be subject to public disclosure. From: Gerrity, Joseph Sent: Thursday, October 3, 2019 10:53 AM To: Bartle, Donna <dbartle@coab.us <mailto:dbartle@coab.us> > Subject: Vacation rollover Donna-I received your request to roll over your excess PTO. I am going to have to deny that request since there are 10 employees that will lose some PTO due to the not taking enough time off during the year, and if I do it for one person I have to do it for everyone. As you know I said last year and several times this year at staff meetings that I was not rolling over any PTO this year. As we discussed, I feel this puts me in an awkward position, as you are a Charter Officer and not one of my employees however your employment agreement states that you will be treated as any other employee. If you decide to amend your work agreement you might want to clarify that issue. Joe G Joe Gerrity City Manager City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 (904) 247-5806 a few points. I agree with your statement about being put in an awkward position. I believe it is unfair to the city manager to have to decide on this type of request from the city clerk when the city manager has nothing to do with the city clerk's schedule or time off. For that reason, I believe there is a disconnect between my contract and the current leave policy. When my contract was written and approved, we had a leave sell back program. Years later (in 2013) the leave sell back was eliminated and the maximum was reduced from 960 to 680. During the transition, anyone over 680 hours was cashed down to the new maximum of 680. So basically, you had to use all future accrued leave hours or risk forfeiting the excess. It is my understanding the when the city manager receives a request for leave to be rolled over, each request should be considered on its own merits and when there are circumstances where the employee was unable to take off due to vacancies, important responsibilities, workload, etc. their requests should be given fair consideration. Otherwise, why would the option to request rollover be provided in the personnel manual?. Much thought and time was put in my request (see attached) and I do not believe it was given fair consideration. During our discussion Wednesday afternoon, you told me that you had not allowed anyone to roll-over this year's excess leave and that you will not approve my request because it would be unfair to the others if you did. That was the only reason you gave me for your decision to deny and I expressed my disappointment about your decision and the reason for it. Since our conversation, I have discovered you did indeed approve a roll over request this year (see attached) to an employee based on circumstances not unlike my own. There was an email sent out yesterday to the elected official (see attached) where you stated, “ Last year I rolled over time for 4-5 employees with the warning that I would not do that again this year, and they were directed to take their time off or lose it, (again as the policy states).” My comment about that is you did not put that condition on my approved roll-over (see attached). You stated in your email below, “I am going to have to deny that request since there are 10 employees that will lose some PTO due to the not taking enough time off during the year, and if I do it for one person I have to do it for everyone.” Based on that statement, shouldn’t you approve my roll-over as well as roll-over for those other employees? Also in your email below, you implied there were several staff meetings that you mentioned no roll-over was being granted. I have no recollection of those conversations and am wondering if you know the dates of those meetings and whether I was in attendance? Please accept this as a request for reconsideration and allow me to roll-over my excess leave hours. Thank you for your consideration in this matter. Sincerely, Donna L. Bartle City Clerk City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 (904) 247-5809 Florida has a very broad Public Records Law. Most written communications to or from State and Local Officials and agencies regarding State or Local business are public records available to the public and media upon request. Your email communications, including your email address, may therefore be subject to public disclosure. From: Gerrity, Joseph Sent: Thursday, October 3, 2019 10:53 AM To: Bartle, Donna <dbartle@coab.us <mailto:dbartle@coab.us> > Subject: Vacation rollover Donna-I received your request to roll over your excess PTO. I am going to have to deny that request since there are 10 employees that will lose some PTO due to the not taking enough time off during the year, and if I do it for one person I have to do it for everyone. As you know I said last year and several times this year at staff meetings that I was not rolling over any PTO this year. As we discussed, I feel this puts me in an awkward position, as you are a Charter Officer and not one of my employees however your employment agreement states that you will be treated as any other employee. If you decide to amend your work agreement you might want to clarify that issue. Joe G Joe Gerrity City Manager City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 (904) 247-5806