T H E T E X A S M U N I C I PA L H U M A N R E S O U R C E S A S S O C I AT I O N

HRFOCUS
TMHRA

President’s Message
TMHRA
Greetings to Everyone! Newsletter
The TMHRA Annual Conference (formerly our Mid-Year Conference) at the DoubleTree Campbell Center
Summer 2010
in Dallas in May was well attended. Those in attendance had a great time networking and visiting with
our Association’s sponsors. As usual, our sponsors were present to discuss their businesses and
services available to our members.
President’s Message 1
Our newly-established annual TMHRA Awards Program for Rising Star, HR Management Professional Upcoming Events 2
of the Year, Innovation in Municipal HR Management (Organization), and Lifetime Achievement Award
was a huge success. Recipients included the following: Welcome, New Members 3

TMHRA Sponsors 3
HR Management Professional of the Year – Lidia Gonzales, City of Brownsville
Innovation in Municipal HR Management (Organization) – City of Garland Training Program Congratulations to... 3
Rising Star – Jennifer Askenazi, City of McKinney
Lifetime Achievement – Charlie Shapard, retired 2010 TMHRA Professional 4
Awards Program
In addition, the Lifetime Achievement Award was voted unanimously by the Board of Directors to be
named the “Charlie Shapard Lifetime Achievement Award.” Articles of Interest aka
News You Should Be Aware Of 8
Ballots for the 2010 TMHRA Board elections have been sent out. You will have until August 20, 2010,
to vote. Members will be electing a secretary/treasurer, three trustees, and a TML Board representative. Newsletter Input Needed 10
Please make your voice be heard and vote. Every vote counts! Board of Directors 11
I continue to solicit member involvement in the Association’s administration and operation. If you are
interested in becoming involved, there are many opportunities available. The following are among the
areas needing member participation: Newsletter, Program, Nominating, Technology, New Member, TML
Salary Survey, Sponsorship, Legislative, Civil Service, TXPELRA, TMRS, and Awards committees. If you
have an interest in participating in any of these committees, please contact any Board member or me.

The Employment Law Seminar will be held September 16-17, 2010, at the Hilton Bella Harbor in
Rockwall. Everyone should have received the agenda and other details via e-mail earlier this month.
The theme is “Know the Law!” Among the topics are “The What’s, When’s, and How’s of Federally Your gateway to information about
Mandated Collective Bargaining,” presented by Shanna Igo and Albert Pena; “Health Care Reform,” the Texas municipal human
resources professional activities
presented by Rick Johnson; “State/Federal Update,” presented by Bettye Lynn; and much more. With throughout the State of Texas. This
the many upcoming changes in the laws, you won’t want to miss this event. In addition, it will be a newsletter is brought to you by
great opportunity to network with other HR professionals. Registration is open, so please don’t TMHRA.
procrastinate. Register today.

I look forward to seeing each of you at our annual Employment Law Seminar in September.

Don Byrne, PHR, IPMA-CP

Director of Human Resources, Odessa
 Upcoming Events

The primary focus of the seminar is to discuss and review the current employment issues facing municipal governments,
including recent changes to federal and state laws.

The program is sponsored by the Texas Municipal Human Resources Association (TMHRA), an affiliate of the Texas Municipal League
(TML). It is designed to provide human resource professionals, managers, and supervisors with the tools necessary to maintain
workplaces that are in compliance. It will also heighten your awareness of legal issues surrounding the workplace and how you can
avoid costly mistakes. This year, we are fortunate to have several well-known experts to address the following vital topics:

• The “What’s,” “When’s,” and “How’s” of Federally Mandated Collective Bargaining

• Negotiating Labor Agreements: What to Expect and How to Prepare!
• Altering Employment Relationships to Balance the Budget: What Did We Get Ourselves Into?
• Health Care Reform: Adjusting Public Sector Benefits to the New Playing Field
• Zombie Lawsuits: How the Ledbetter Fair Pay Act Can Bring Old Discrimination Lawsuits Back from the Dead
• State/Federal Update
WHO SHOULD ATTEND
city managers assistant city managers
compensation managers human resource managers
risk managers personnel professionals
police chiefs attorneys
city secretaries fire chiefs
any person dealing with employee relations
BENEFITS OF ATTENDING
• You will learn the most recent changes in employment laws, enhancing your skills and knowledge to better manage your business
environment.
• You will hear a broad overview of recent court cases, regulatory decisions, and state and federal legislative initiatives.
• You will benefit from valuable professional networking opportunities with peers.

2010
SEMINARS DATE LOCATION M
TML Annual Conference October 26-29 Corpus Christi CA YO ARK
LE UR
2011 NO ND A
SEMINARS DATE LOCATION
W! R S
TxPELRA/Civil Service February 9-11 Crowne Plaza Downtown, Dallas
TMHRA Nuts and Bolts April 1 Marriott Austin North, Round Rock
TMHRA Annual Conference May 25-27 Moody Gardens, Galveston
Employment Law August 31-September 2 Crowne Plaza, San Antonio
TML Annual Conference October 11-14 Houston

If you have questions, you may contact TML staff at 512-231-7400 or tmhra@tml.org.

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WELCOME, NEW MEMBERS, TMHRA Sponsors
TO THMRA TMHRA is grateful for the continued support of our sponsors. The
sponsorships allow us to keep all events reasonably priced and
By Martha Butz affordable for all members. Thank you to the following sponsors
for their support and contributions throughout the year:
TMHRA will provide you with opportunities to participate in planning
educational sessions and all the other activities sponsored by our
organization. As a member, you will also have access to TMHRA
2010-2011 SPONSORS
e-Solutions—a great way to get advice or feedback from your
colleagues.
GOLD SPONSORS
The following human resource professionals have chosen to join our CIGNA HealthCare
great organization, and the Board has unanimously approved their CPS Human Resource Services
applications. Our newest members (May-July) are:
Holmes Murphy & Associates
Sheila Childs, Human Resources, City of Woodway ICMA Retirement Corporation
Kelly Cooper, Director of Human Resources, City of Kennedale IPS Advisors, Inc.
Doris Elston, Personnel Manager, City of Hurst
Caroline Green, Professional Standards Specialist, City of Irving Lynn Pham & Ross, LLP
Police Department Nationwide Retirement Solutions
Kathy McKenzie, HR Clerk, City of Robinson Strategic Government Resources
Linda Vranich, City Secretary, City of Robinson
Kathy Jo Almendarez, Director of Human Resources, City of Edinburg United HealthCare
Linda Escamilla, Manager, Human Resources, City of Austin
Erika L. Hobson, Finance Manager, City of Jacksboro
Tricia Knezek, HR Specialist, City of Port Lavaca
Frank McCardy, President/CEO, East Montgomery County
Improvement District SILVER SPONSORS
Kristen Smith-Davis, Director of Human Resources, City of Affion Public
Glenn Heights
Renee Wilbanks, City Secretary, City of Idalou MetLife
Rachel Lechuga, HRs Specialist/Public Safety, City of Odessa NEOGOV
Mary Moore, Mud Secretary, Trophy Club Mud PARS
Tarah Peace, Assistant HR Manager, City of Nacogdoches
Cynthia Shepherd, HR Employment and Recruiting, City of PeopleAdmin, Inc.
League City TML Intergovernmental Employee Benefits Pool
Ronald C. Shelby, Director of Finance and Administration, Texas Municipal Retirement System
Galveston County
Elaine Simpson, City Secretary, City of Haslet
Lorrie M. Taylor, Finance Director, City of Vidor
We appreciate your interest in helping TMHRA remain a tremendous
professional resource throughout the State of Texas. BRONZE SPONSORS
Welcome to the TMHRA team! Aetna
Standard Insurance Company
CONGRATULATIONS TO…
The Waters Consulting Group, Inc.
LaShon Ross, City of Plano, for her appointment to deputy city
manager, Public Operations and Business Center, filling the position
vacated by James “Rod” Hogan, who retired in January 2010.

Stacey Scheff Black, who was recently promoted to human resources

director in Southlake.

Phylis Stadler and Carolyn Liner, who have retired from long and
successful careers in Richardson and San Marcos.
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 2010 TEXAS MUNICIPAL HUMAN RESOURCES ASSOCIATION
PROFESSIONAL AWARDS PROGRAM

The Texas Municipal Human Resources Association is pleased to announce the 2010 Annual Professional Awards Program nominees
and recipients. The Professional Awards Program has been established by the TMHRA Board to recognize and honor outstanding
individuals and local governments who have made significant contributions to municipal human resources in Texas.

Nominees and award recipients were recognized at the TMHRA Annual Conference, held at the DoubleTree Hotel in Dallas on May 6
during the annual business meeting luncheon.

Human Resources Management Innovation

Recognizes the local government that has developed innovative programs and services to solve human resources management
problems and create opportunities for their community to reach its full potential. This award is aimed at programs that have been
created or modified in the past 18 months.

Nominees
Baytown – Wellness, Benefits, Risk, Training
A “truly proactive team” that implemented successful programs in the following:
• Employee Wellness and Benefits
• Risk Management and Safety
• Step for Safety/Safety Footwear Program
• Training and Employee Development

Bedford – Health Plan

Developed and implemented a health plan strategy design to increase employee health awareness in three-pronged approach:
• Phase 1 – Transitioning employees off an HMO to a consumer driven, account based health plan
• Phase 2 – Established an employee wellness committee that creates goals for a healthy workforce
• Phase 3 – Established employee health clinic

Garland – Civil Service Application and Examination Automation

Established an automated process for civil service applications and exams for fire and police. Benefits include:
• Applications no longer have to be manually entered; applicants receive immediate notification of exam results.
• Information entered by an applicant online is imported into the database used at the test site; a process that used to take
weeks to coordinate now takes minutes.
• A testing process that took multiple staff members and weeks of coordination is now accomplished in a matter of hours
with less staff and more accuracy and efficiency.

Garland – Temporary Staffing Pool

Developed an in-house temporary staffing service as a cost saving measure for departments requiring additional staff on a
temporary basis. Benefits included:
• Temporary assignee receives competitive pay for time worked; additional social security credits; time and a half for
holiday work.
• City receives enhanced flexibility and options for managers to address staffing needs; experienced workers with knowledge
base; reduce transition time from hiring to productivity.

Garland – Training Expansion

Retirement of tenured employees created need to address succession issues. HR Department implemented a three-program
leadership series:
• Supervision for Success – addresses challenges of supervision and enforces the foundations for growth
• Managing to Lead – expands on supervisory class and addresses mid-management issues
• Executive Excellence – provides management training and mentoring

New Braunfels – Wellness Program

Implemented “City Fit” to promote and encourage a sustainable, high performing workforce and environment:
• CityFit incorporates a reward system with physical activity and health monitoring, as well as Weight Watchers at Work.
• Target participation was set at 30%; the city has sustained more than 50% participation.
• Based on statistics from Weight Watchers, weight loss percentages equate to more than $200,000 in annual health
care cost savings.

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 2010 TEXAS MUNICIPAL HUMAN RESOURCES ASSOCIATION
PROFESSIONAL AWARDS PROGRAM

RECIPIENT
2010 Human Resources Management Innovation Award
Presented to
The City of Garland
For Its Training Program Expansion

Rising Star Award

The TMHRA Rising Star Award is presented annually to recognize a newer member who shows exceptional promise of leadership
and contribution to the association and profession. Generally, the recipient is in the first five years of his or her career in public
sector human resources management. Eligible recipients include those who have moved into public service mid-career.

Nominees
Jennifer Askenazi, McKinney
• Developed and implemented new performance evaluation tool.
• Coordinated Phase I project to re-write 50% of personnel policies, achieve buy-in by city leaders; met completion date of
February 2010.
• Assists city in resolving employee relations issues, as well as leading employee training and improving
communication throughout the organization.

Benita Harper, Fort Worth

• Represented the city in meet and confer negotiations with police union.
• Established electronic filing system to track documentation.
• Worked with both city and fire representatives on collective bargaining issues.
• “Personality and work ethic sets her apart; work ethic is second to none and maintains solid balance.”

Amy McGlothlin, Hutto

• Instrumental in developing foundational structure for city’s Organizational Development Plan through use of employee
committees, which have allowed employees to take ownership in changes.
• Implemented staff development and training to retain and recruit talented professionals.
• Played significant role in design and implementation of Total Rewards System, a participatory approach to compensation.

Bill Philibert, Deer Park

• First public sector role; brought new ideas and processes from private sector.
• Formed regional HR group to brainstorm new ideas and approaches in the public sector realm.
• Implemented HRIS in city, including first true employee intranet site.
• Developed first HR strategic plan for the city.
• Developing online requisition tracking program.
• Developed Employee Handbook for emergencies.

Baby Raley, Farmers Branch

• Is one of the “make it happen” people in the municipal human resources community.
• Recruited faculty from Brookhaven College to teach classes in Farmers Branch as part of the North Texas Municipal
Alliance.
• Worked with Dallas SHRM to form Professional Emphasis Group to discuss topics relevant to municipal human resources.
• “One of those professionals seldom seen in the limelight but always there to work.”

RECIPIENT
2010 Rising Star Award
Presented to
Jennifer Askenazi
City of McKinney

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 2010 TEXAS MUNICIPAL HUMAN RESOURCES ASSOCIATION
PROFESSIONAL AWARDS PROGRAM

Professional of the Year

This award recognizes the human resources professional who has made significant contributions to the field of municipal human
resources in the past 18 months.

Nominees
Stacy Buckley, Murphy
• Received the City Manager’s Award for Excellence in 2009 because of her “outstanding leadership qualities and customer
service abilities. She exemplifies service above self.”
• Completed SPHR certification.
• Rewrote employee handbook to reflect new federal and state statutes.
• Redesigned city’s wellness program, increasing employee participation from 10% to more than 50%.

Carol Flynt, Baytown

• Leadership, management expertise, dedication have contributed to a period of “unparalleled improvement and
employee growth.”
• Championed wellness programs designed to reduce employee out-of-pocket costs and absenteeism in the workforce.
• Implemented risk management and safety programs that saved the city more than $100,000 and recovered $2 million in
hurricane-related claim costs.
• Collaborated with senior management to develop training initiatives including Core Values, Manager On-Boarding
Program, and Leadership Roundtable Series.

Lidia Gonzales, Brownsville

• Secured historic six-year collective bargaining agreement with the police union that included:
• a ZERO percent increase for the first time in three years.
• 3% increase in the remaining three years.
• Health coverage concessions.
• Implemented cost savings in training budget while still maintaining program integrity.
• Challenged to learn new city-wide administration software, Lidia kept entire team “focused and reassured.”

Mary House, Sugar Land

• Instrumental in focusing on the basics: benefits, wellness, employee relations, risk, and safety.
• Transitioned city-wide training program into “Emerging Leaders,” designed to retain and develop the talent
within the organization.
• Strategically reorganized the HR Department to address growth and increasing demands of the city.
• Partnered with management to implement a plan for training and organizational development.

Jim Parrish, McKinney

• Helped develop legislation during the 2008 session while representing TMHRA on the TMRS Advisory Committee.
• Services on the TML Committee on TMRS issues ensuring the security of the retirement system.
• Exemplifies the ideal HR professional with humor, unpretentious demeanor; he strives not to satisfy his ego but
his employers and employees.

2010 Professional of the Year

Presented to
Lidia Gonzales
City of Brownsville

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 2010 TEXAS MUNICIPAL HUMAN RESOURCES ASSOCIATION
PROFESSIONAL AWARDS PROGRAM

Lifetime Achievement Award

For Significant Contributions to the Field of Municipal Human Resources Management

2010 Lifetime Achievement Award

Presented to
Charlie Shapard
For His Significant Contributions to the
Field of Municipal Human Resources Management

Future awards for lifetime achievement will bear Charlie’s name in special recognition of his unique and extensive contributions.

• Family is important to him; he and his wife Carolyn have been married 46 years. They have three sons and 5 grandchildren.
• Director of Human Resources for the City of Plano, 1995-1998
• Director of Personnel and Civil Service, City of Fort Worth, 1979-1994
• Director of Personnel, North Carolina Department of Transportation, 1977-1979
• Director of Personnel, City of Greensboro, North Carolina, 1974-1977
• Office of State Personnel, Local Government Personnel Advisory Service, 1972-1974
• Director of Personnel, Raleigh, North Carolina, 1968-1972
• North Carolina and Texas National Guard, 1968-1992 (retired as Lieutenant Colonel)
• President, IPMA-US, 1989
• President, Southern Region, 1987
• TML Board of Directors, 1984-1986
• President, Texas Municipal Human Resources Association (TMHRA/formerly TMPA), 1984
• President, Fort Worth Personnel Association, 1983
• President, Organization of Municipal Personnel Officers, 1982
• Executive Council, IPMA-US, 1975-1979
• President, North Carolina Chapter of Public Personnel Association (IPMA-US), 1973
• Honorary Life Member, IPMA-US, 1991
• Honorary Life Member, TMHRA
• Honorary Life Member, Fort Worth Personnel Association, 1990
• Recipient of first Edwin Swain Award, Southern Region IPMA-US, 1989 (in recognition of contributions to public
personnel administration)
• The City of Fort Worth Personnel Department was the 1987 recipient of IPMA’s Award of Excellence.

“One of the most rewarding and enjoyable experiences I had during my career was the development and coordination of the annual
Civil Service Workshop sponsored by TML and TMHRA. In collaboration with Chuck Speed and Bettye Lynn, we put together our
first program in 1985 which was held in Fort Worth. Through the years numerous HR and Civil Service professionals as well as
legal experts, police and fire officials gave of their time and knowledge to make the workshop a successful annual event. It was
personally satisfying to develop programs with input from participants and to interact with presenters. It was always great to see
the plan come together.”

Charlie Shapard

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 ARTICLES OF INTEREST aka NEWS YOU SHOULD BE AWARE OF
Legal Briefs for HR
By Audrey E. Mross
Texas Tough – Want to sue your employer in Texas and collect
damages for sexual harassment under the Texas Commission
on Human Rights Act (TCHRA) AND for their alleged
negligence in supervising and/or retaining the harasser?
Tough! The Texas Supreme Court said, “As the complained-of
acts constitute actionable harassment under the TCHRA, they
cannot moonlight as the basis for a negligence claim, a claim
that presents far different standards, procedures, elements,
defenses and remedies. It is untenable that the Legislature
would craft an elaborate anti-harassment regime so easily
circumvented.” Waffle House v. Cathie Williams (Tex. 6-10).
The case involved a waitress who claimed she was subjected
to offensive sexual comments, gestures, and touching at the
hands of a cook, and that her verbal and written complaints to
local and corporate management went unanswered. Her claims
were filed as both statutory (i.e., TCHRA) and common law
(i.e., negligence), a common practice designed to allow the
plaintiff to elect the more generous award, which is normally
the latter since TCHRA recoveries are capped at $300,000 for
both compensatory and punitive claims. If this outcome
sounds familiar, you may be remembering Hoffman-LaRoche
Inc. v. Zeltwanger (Tex. 2004), where the Court held that a
claim for intentional infliction of emotional distress (another
tort, like negligence) was not available to the alleged victim of
sexual harassment because the TCHRA provided a remedy for
essentially the same actions and that IIED claims were a
“gap-filler” where another remedy is not available. Yours truly
wrote one of the amicus briefs (on behalf of SHRM Texas State
Council) in the Zeltwanger matter. Glad to see the basis for the
holding in that case is still going strong!
Supreme Pizza – A sampling of tasty decisions from the U.S.
Supreme Court:
Can’t Count on It – Nearly 600 decisions issued by the
National Labor Relations Board between January 2008 and
March 2010 are on thin ice after a finding that the two-member
board lacked authority to issue decisions, due to a three-
member quorum requirement when delegating authority.
New Process Steel LP v. NLRB (U.S. 6-10).
Watch Your Monitor – In a case that affects public sector
employers (and likely will inform the private sector, too), the
City of Ontario “did not necessarily” violate a police officer’s
fourth amendment rights by looking over transcripts of the
officer’s use of a city-issued pager. The Court found the
employer’s action reasonable, where the review was done to
determine whether the existing wireless service contract
service, which had a monthly limit on text messages, was
sufficient to meet the city’s needs and to make sure employees
were not forced to pay for work-related expenses or that the
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city was paying for purely personal communications. While
reviewing the officer’s texts, the police department found and
eventually disciplined the officer for, shall we say, excessive,
inappropriate content of a personal nature sent during work
time. This case was decided on narrow grounds and should
not be seen as a free pass for employers (or certain
employees, such as IT staff) to freely browse employees’
personal e-mails, texts, and other messaging. But if you’ve
got a pretty strong business reason, a properly worded policy,
and you conduct the search in the correct way, your defenses
against privacy claims should hold up. Ontario v. Quon (U.S. 6-10).
Careful What You Wish For – With a slim 5-4
majority, the Court upheld a provision in a pre-employment
agreement to arbitrate (not litigate) employment-related
disputes, including enforceability of the agreement itself.
The employee wanted a court to declare the entire agreement
unenforceable because it was unconscionable (read: unfair),
and the 9th Circuit agreed with him, but the Supreme Court did
not. The dissent would’ve liked the matter to be heard by a
court based on their belief that arbitration agreements in the
employment context can be more troubling than those between
two business entities. Rent-A-Center West Inc v. Jackson (U.S.
6-10). For now, a well-crafted arbitration agreement may keep
employers out of court (Hurrah!), but this decision may also
hasten enactment of a federal bill that’s meant to nix use of
mandatory arbitration in the employment context. See H.R.
1020 & S. 931 at http://thomas.loc.gov for full text and status
of the Arbitration Fairness Act of 2009.
Time Bomb in Your Files? – City applicants took a written
exam in 1995, and their numeric scores were used to classify
them into three categories of eligibility for hire (i.e., well
qualified, qualified, not qualified). The scores were used
in 1996 to make hiring decisions. The “qualified” folks who
were not hired sued in 1997, claiming the exam had a
disparate impact on African-Americans, in violation of Title
VII. The issue before the Court was whether the EEOC charge,
which is required prior to filing suit, was timely filed. That
means within 300 days of the latest discriminatory act, in most
jurisdictions. The city said assigning classifications in 1995
was the act. Plaintiffs said using the classifications to deny
employment in 1996 was the act. The Court agreed with the
plaintiffs and found the EEOC charge had been timely filed.
Lewis v. City of Chicago (U.S. 5-10). Upshot? Those test
scores sitting in an applicant’s or employee’s file can form the
basis for a “new” act of discrimination when they are used to
make a hire, promotion, or other employment decision. Review
your testing tools (and your hiring/promotion numbers) to see
if they put you at risk for a disparate impact claim.
No Vacancy – It’s no secret that an employer may be required
to reassign a disabled employee to a vacant position, as a form
of reasonable accommodation under the Americans With
Disabilities Act. But what does “vacant” mean? Finding the
EEOC’s description “too broad” and no case precedent, the
 ARTICLES OF INTEREST aka NEWS YOU SHOULD BE AWARE OF
10th Circuit held that it means the job opening would be
available for a similarly-situated, non-disabled employee to
apply for and obtain. Where the job desired was occupied
by temporary workers supplied by an agency, as an interim
measure prior to completely out-sourcing the department, there
was no “vacancy” and no employer failure to
accommodate by offering these unavailable jobs. Duvall v.
Georgia Pacific Consumer Products (10th Cir. 6-10).
Dot Your I’s and I-9’s – Heads up, folks who are in charge of
completing the Form I-9 on behalf of your employer. A March
decision from the Department of Justice’s Office of the Chief
Administrative Hearing Officer says an employer’s failure to
complete Section 2 of the Form I-9 within three business days
of the employee’s hire is a substantive violation, not a technical
one. Unlike technical violations, there is no opportunity to
correct substantive violations, and the penalties can be
steep. So fill in that section completely, including title of the
document(s) being relied upon, identification number(s), and
expiration date(s), or attach copies of the document(s) to the
Form I-9.
Who’s Your Daddy? – You may have more than one, under
Administrator’s Interpretation No. 2010-3, issued by the U.S.
Department of Labor (DOL). In clarifying the definition of “son
or daughter” under the Family Medical and Leave Act, the DOL
explains that in addition to biological and legal (e.g., adoption,
guardianship) relationships between parent and child, in loco
parentis relationships should be interpreted to include persons
who provide day-to-day care or financial support and “Neither
the statute nor the regulations restrict the number of parents a
child may have under the FMLA.”
Redressed – In the continuing donning/doffing saga, the DOL
upended Bush-era interpretations of “changing clothes” in a
way that may change the way you pay certain non-exempt
workers under the FLSA. Per Administrator’s Interpretation No.
2010-2, 29 USC sec. 203(o) says time spent changing clothes
or washing at the start or end of work shift is not compensable
if the time is excluded by “the express terms of or by custom or
practice under a bona fide collective bargaining agreement.”
The DOL had seen protective equipment as being a type of
“clothes” but now reverses those opinions and says that the
203(o) exclusion from compensable time does not apply to the
donning/doffing of protective equipment that is required by law,
by employer, or due to the nature of the job. The changed
meaning is impactful because the DOL is now saying that
clothes changing, including protective equipment, may be a
principal activity and if so, subsequent and prior activities like
walking and waiting will be compensable. As explained in IBP
Inc. v. Alvarez (U.S. 2006), all activities occurring after the first
principal activity and before the last principal activity are
compensable. . . employers do not get to turn the time clock off
to account for periods of idleness, such as walking and waiting,
with exceptions for when an employee clocks out for lunch,
personal errand, etc.
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Off the Clock is Off the Hook – A clothing retailer has settled a
wage and hour class action for $4 million. After clocking out,
employees claimed they were required to wait in the store
for up to 30 minutes to allow inspection of their personal
bags and belongings as part of the loss prevention
program. Multiply those unpaid minutes each day times a
class of 6,700 employees from May 2002 to January 2010
and you get . . . pain. Otsuka v. Polo Ralph Lauren Corp.
(N.D. Cal. 5-10).
Feeling Regular? – When do monies paid as per diem get
rolled into a nonexempt employee’s “regular rate” and count
toward overtime payments? When the hourly rate appears
artificially low for the job being done and/or when the per diem
is paid as an hourly rate rather than a flat amount. The 5th
Circuit sided with the employee, a skilled airplane painter, who
was being paid $5.50/hour for nonovertime work, $20/hour for
overtime work, and $12.50/hour per diem, by awarding him
$4,267 in back pay, $4,267 in liquidated damages, and $55,908
in attorney’s fees. Gagnon v. United Technisource Inc. (5th Cir.
5-10). The Court conceded that a true per diem can be excluded
from the “regular rate,” but they were suspicious that this was
a scheme to reduce the amount of overtime paid.
Stated Differently – Here is a collection of developments at the
state and local law level that may be of interest:
1. Iowa – Effective July 1, IA has a “mini WARN” law that is
more onerous than its federal sibling. A closing or
mass layoff that impacts 25+ full-time employees or a
layoff impacting 25+ employees in a 30-day period
triggers notice to employees or their reps and the IA
Department of Workforce Development.
2. Wisconsin – Effective May 27, state law prohibits employer
discrimination against employees who refuse to attend
an employer-sponsored meeting or participate in
communications with the employer that revolve around
religious or political matters. “Political matters” is broadly
defined to include “the right to join or not to join” a union,
which is contra to sections 7 and 8 of the federal National
Labor Relations Act. If challenged on those grounds, the
new law is likely preempted, but use caution until that little
problem is resolved.
3. Kansas – Effective July 1, no smoking in an enclosed area
of any public place or place of employment, including
restaurants and bars, and communicate the prohibition
(preferably in writing) to your employees within one week
of July 1, and to all new hires as they come on board.
4. New York City – The NYC Council is batting around a bill
that would require employers to offer paid sick time to
their employees; similar to what’s in place in San Francisco
and Washington, D.C.
 ARTICLES OF INTEREST aka NEWS YOU SHOULD BE AWARE OF
Back to Basics
By Katharine Giacalone
With permission, as seen on SHRM Web site
Being an effective manager takes work. If you are new to the
role with little or no training, you will discover there’s a
difference between being a great employee and managing great
employees.
Here are five concepts managers most likely know but tend to
forget—what I refer to as “neglected knowledge.” Let’s review
what you already know, so you can put that knowledge into
practice immediately.
Determine who’s who. Know the personalities on your team—
and who you are. My four playground personalities help you
do this. Ask, “What type of kid was I on the playground?”
The one who:
• Made sure everyone got a turn at bat? The peacemaker.
• Made everyone line up and count off? The organizer.
• Changed the rules midway through the game?
• The revolutionary.
• Wanted to play it my way? The steamroller.
Once you figure out your playground personality, determine
who’s on your playground. Don’t miss the signs. People are
very clear with body language, word usage, and intentions.
Peacemakers appreciate communication and collaboration.
If a staff member’s eyes bulge when others argue, that’s a clue.
Organizers are structured and decisive. If an employee comes
to a meeting with charts or color-coded paper, he’s an
organizer.
Revolutionaries hate routine and prefer to adapt to the
moment. You’ll know a revolutionary when you ask, “Where
did that come from?”
Steamrollers are smart and opinionated and can solve complex
problems. They take opposing views and keep ideas floating at
30,000 feet.
Show respect. Respect starts with the manager. Saying “hello”
or “thank you” goes a long way. To show respect:
• Brainstorm ideas with peacemakers.
• Provide meaningful work with deadlines to organizers.
• Assign emergency tasks to revolutionaries.
• Ask steamrollers for their opinions.
10
Face facts. Not everyone collects facts the way you do, so
ask questions, be open to learning, and don’t shut down
discussions too early. When you think you have the facts,
ask again to make sure.
Find the humor. Humor should never be personal, but try to
find the absurdity that invades everyone’s workspace and
lighten the mood. Humor helps employees relate to you and
builds camaraderie for difficult tasks.
Put it all together. Managers get paid to get work done. If
something goes wrong with your plan, don’t immediately go to
plan B. Leverage personalities and the way each approaches a
problem.
Understanding your employees and empowering them to tackle
their work in a manner that suits them will get rid of first-time
manager jitters and help you blossom into a confident,
seasoned professional.
The author is president of KGWorks, a Washington, D.C.-based
management consulting firm, and author of Oops! I’m The
Manager! Getting Past “What Do I Do Now?!” in 5 Easy
Steps (BookSurge Publishing, 2009).
NEWSLETTER INPUT NEEDED
This is YOUR newsletter, and we want to ensure it
provides you with a valuable source of information
from TMHRA. If you have any ideas, articles, or
information you would like to see included in future
newsletters, please submit them to the Newsletter
Committee.
2009-2010 New sletter Com m ittee Chair
Miguel Ozuna
Director of Human Resources
City of Cedar Park
600 N. Bell Blvd.
Cedar Park, TX 78613-2216
Phone: 512-401-5254
Fax: 512-401-5255
E-mail: miguel.ozuna@cedarparktx.us
BOARD OF DIRECTORS FOR 2009-2010
PRESIDENT
Don Byrne, PHR, IPMA-CP
Director of Human Resources
City of Odessa
PO Box 13194
Odessa, TX 79768-3194
432-335-4158 phone
432-335-3269 fax
dbyrne@ci.odessa.tx.us
VICE PRESIDENT
Jane Mehrens
Director of Personnel
City of Brenham
P.O. Box 1059
Brenham, TX 77834-1059
979-337-7511 phone
979-337-7517 fax
jmehrens@ci.brenham.tx.us
SECRETARY/TREASURER
Debbie L. Maynor
Human Resources Director
City of Killeen
P.O. Box 1329
Killeen, TX 76540-1329
254-501-7834 phone
254-501-7780 fax
dmaynor@ci.killeen.tx.us
TRUSTEE
Martha Butz
New Member Chair and Technology
Committee
Director of Human Resources
City of Highland Village
1000 Highland Village Rd
Highland Village, TX 75077-6744
972-899-5087 phone
972-996-2178 fax
mbutz@highlandvillage.org
TRUSTEE
Melinda Galler
TML Salary Survey Chair
Human Resource Director
City of Lewisville
PO Box 299002
Lewisville, TX 75029-9002
972-219-3452 phone
972-219-5005 fax
mgaller@cityoflewisville.com
TRUSTEE
Richard Hodapp
TxPELRA/Civil Service Committee
Assistant HR Director
City of Fort Worth
1000 Throckmorton St
Forth Worth, TX 76102-6312
392-871-7770 phone
392-871-8869 fax
richard.hodapp@fortworthgov.org
TRUSTEE
Shante’ R. Jordan, MPA, IPMA-CP
Program Chair
HR Manager
City of Rowlett
4002 Main Street
Rowlett, TX 75088
972-463-3969 phone
972-412-6183 fax
sjordan@rowlett.com
11
TRUSTEE
Miguel Ozuna
Newsletter Chair
Director Of Human Resources
City of Cedar Park
600 N Bell Blvd
Cedar Park, TX 78613-2216
512-401-5254 phone
512-401-5255 fax
miguel.ozuna@cedarparktx.us
TRUSTEE
Tadd Phillips
Sponsorship Chair
Director of Human Resources
City of McKinney
P.O. Box 517
McKinney, TX 75070
972-547-7568 phone
972-547-2608 fax
tphillips@mckinneytexas.org
PAST PRESIDENT
Bonita Hall, MPA, IPMA-CP
Director of Human Resources
City of Cleburne
Cleburne, Texas 76033
817-645-0917 phone
817-556-8803 fax
bhall@cleburne.net