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Board Members Present: Frank Boehm, Dot Dobbins, Howard Gentry, Gwen Harris, Mary Kate Mouser, George Price and Barbara Toms
Board Members Absent:
Legal Advisor: Christy Feldman, Attorney for Metro Government representing Metro Social Services Board
Mayor Liaison: Hershell Warren

Discussion: The Board of Commissioners discussed one important issue: The performance and contract review for the Executive Director.

Commissioner Price made a motion to have the Governance Policy removed from the agenda due to the seriousness of this meeting and to focus strictly with the Personnel Committee report. (0:54-2:02 on tape) Motion was accepted and approved.

Commissioner Dobbins, Chair, gave the report from the Personnel Committee. The Personnel Committee is made up of Commissioner Price, Commissioner Mouser and Commissioner Dobbins. Prior to the Personnel Committee meeting commissioners were provided with copies of requested documents so that all commissioners had an opportunity to review the documents that would be used by the committee. The discussions of the meetings covered issues of the Executive Director over the period of time that she has been with Metro Social Services (MSS) which was soon after the program audit was produced under the previous Mayors administration. Commissioner Dobbins stated that Mrs. Robinson did follow through on everything the board had requested from the audit.

The majority of the Personnel Committee recommended a 3 year contract be offered to Mrs. Robinson and at her current salary rate. There was a minority request that this offer be delayed based on the fact that the information provided was insufficient due to the actual measurements of her performance over the period of time that Mrs. Robinson has been with MSS. It was suggested that Mrs. Robinson be asked to continue on a month to month basis.

Commissioner Dobbins moved that Mrs. Robinson be offered a three year contract based on the recommendation of the committee.Motion was accepted and approved. (2:09-8:08)

Commissioner Boehm presented discussion to the motion. Commissioner Boehm stated that he had found some troubling results and he wanted to voice his opinion on this very sensitive, yet important issue. Commissioner Boehm stated that staff was not satisfied with the support of the Executive Director or the Board. Commissioner Boehm stated that both 2006 and 2007 surveys both contain some positive statistics and comments; however, it appears to be some serious problems with employee morale caused by the overall leadership of Mrs. Robinson. Commissioner Boehm further states that he also found disturbing comments with the regards to working relationship between MSS and area Social Service Agencies. Commissioner Boehm suggested that MSS need bold leadership that combines vision with knowledge in the ability to relate to staff, community, leaders and the average citizen in a respectful, positive manner. Commissioner Boehm then commented that if we as a board are to act in the best interest of MSS and the larger Davidson county community we will not renew Mrs. Robinson’s contract. (9:10-17.58)

Commissioner Price asked how all of this information and statistics were gathered and why weren’t other Commissioners privileged to do the same thing? Commissioner Boehm responded that the information was gathered from the 2006 Employee Survey, 2007 Employee Survey and 2007 Implementation Audit. Commissioner Boehm furthered states that he did not contact employees to obtain this information; and that this information is available to all board members.

Commissioner Dobbins responded that based on any number of issues that she has received, Mrs. Robinson has done an exemplary job and Commissioner Dobbins commented that Commissioner Boehm was an individual who did submit a review form after the Personnel Committee met and the form stated that he found Mrs. Robinson’s performance acceptable. Commissioner Dobbins further stated that she did not receive any indication from any other board members who indicated any dissatisfaction in Mrs. Robinson’s continuation as a director other than the request for a delay to give more guidance and have more time to do measured performance. (20:25-25:51)

Commissioner Gentry stated that if all Commissioners had read the information sent to them in detail, then they would have found that all the information presented by Commissioner Boehm was found within the three page document. Commissioner Gentry stated that from the day that he came onto the commission it has been about the Executive Director and it should be about Metro Social Services. Commissioner Gentry further states that the situation the board is currently in would be the fault of the commission. Commissioner Gentry said that he could not vote for a three year contract, however he could vote for an extended period of time to review the Executive Director due to the fact that he has no basis on what to vote for. (25:52-30:03)

Commissioner Mouser said that when you evaluate an individual, that individual needs to know what they are going to be evaluated against. The commission is responsible for giving those directions and there were not clear, measurable directions given. Commissioner Mouser said that if the board is not speaking as one body, and as one commission and on the same page, she does not understand how a decision can be made on offering a contract to the Executive Director. (30:09-31.27)

Commissioner Toms felt that bringing this discussion to the full table was a good thing in order for the commission to move forward. Commissioner Toms’ concern is that the commission has stated that the board is not functioning as a body, not structured properly, and not functioning properly to give clear direction to the Executive Director. Commissioner Toms stated that she would like to adopt the minority report and recommend a month to month or at will. Commissioner Toms stated that she does not want to see the commission split because commissioners feel pushed to make a decision. Commissioner Toms recommended that at the appropriate time she would like to make a motion to a month to month contract. (31:29-34.25)

Commissioner Harris responded to the board that she has heard the board and there are currently several issues that have been brought to the board’s attention. Commissioner Harris struggled with the issue concerning the audit and stated that the audit’s request was implemented and only one item was not addressed and that was the decision of the board not to adopt that item.

Commissioner Price offered a friendly amendment to the previous motion to offer the Executive Director a two year contract. Amendment was accepted and approved. (41:46-43:03)

Commissioner Boehm presented discussion to the friendly amendment. Commissioner Boehm does not think the amendment really get to the issues at hand. Commissioner Boehm recommended that the board offer an at will contract or a month to month contract and this will give the board time to prepare the governance policy and in turn allow time for the board to provide proper direction to the Executive Director. (43:08-46:12)

Commissioner Toms suggested the board request guidance from the legal representative to explain the responsibilities of an at will employee. Christy Feldman responded that an at will employee generally can be separated from employment for any reason at all so long as it is not contrary to law such as any discriminatory motivation and it does require a 30 day notice.

After several discussions and amendments had been offered, Commissioner Price and Commissioner Dobbins decided to withdraw all motions and amendments that had been presented up to this present time. (48:41-49:14)

Commissioner Price then made a motion to offer the Executive Director a one year contract. Motion was accepted and approved. (49.36-50:43)

Commissioner Mouser presented discussion to the motion. Commissioner Mouser questioned that the contract should be offered based on performance and without an evaluation how can we offer a contract? Commissioner Harris responded that the contract list all the job responsibilities for the Executive Director’s position as Metro has described this position. Commissioner Harris further stated that additional responsibilities have been added to this job description and the board can add measurable requirements to this list if needed.

Commissioner Toms made a motion that we amend the one year contract to include a benchmark that would include an improvement in employee satisfaction and the board would establish the percentage of that improvement.

Commissioner Toms withdrew her original motion to have a combined motion to include all the suggested benchmarks.

A motion was then made that the board offer the Executive Director a one year contract to include a benchmark to improve employee satisfaction, Social Services Agencies and Communities. The board will establish the percentage of these improvements. Amendment was accepted and approved. (57:58-1:01)

Mrs. Robinson responded to the motion by committing to respond to the Chair of the Personnel Committee within a weeks time period as to whether she will accept a one year contract. (1:01-1:06)

Motion for adjournment was accepted and approved.