MINUTES OF THE INFORMAL MEETING OF THE JOHNSON COUNTY BOARD OF SUPERVISORS:
JANUARY 18, 2005
TABLE OF CONTENTS
Chairperson Stutsman called the Johnson County Board of Supervisors to order in the Johnson County Administration Building as a Department Head Meeting at 1:30 p.m. Members present were: Pat Harney, Mike Lehman, Terrence Neuzil, Sally Stutsman, and Rod Sullivan.
DEPARTMENT HEAD MEETING
Department heads present were: Ambulance Director Steve Spenler, City Assessor Dennis Baldridge, Conservation Department Director Harry Graves, County Engineer Greg Parker, County Recorder Kim Painter, County Sheriff Lonny Pulkrabek, County Treasurer Tom Kriz, Interim General Assistance Director Susan Campney, Human Resources Administrator Lora Shramek, Information Services Director Jean Schultz, Public Health Director Ralph Wilmoth, SEATS Director Tom Brase, and Veterans Affairs Commission Director Leo Baier. Staff present were: Executive Assistant Mike Sullivan, Budget Coordinator Jeff Horne, Deputy County Assessor Lois Kelly, Human Resources Coordinator Jen Feldmann, Human Services Accountant Kathy Lynch, Financial and Statistical Supervisor Deborah Guard, Assistant Planner Dan Swartzendruber, and Auditor’s Office Administrative Secretary Casie Kadlec.
INTRODUCTION OF COUNTY ENGINEER GREG PARKER
Stutsman introduced the new County Engineer Greg Parker.
Budget Coordinator Jeff Horne said that it is important that budgets be done on time so that he has lead time to work with them. Horne requested that departments not alter the County budget forms. Horne said that next year department heads and their budgets will be scored based on timeliness of filing their budgets and sticking to the forms.
Horne said that there were a number of position requests in the budget process this year. Horne said that this is kind of late because as descriptions are drafted the budgeted amount might change. He asked that in the future department heads have the job description defined and work with HR before turning in the budgets. Stutsman said that she wants to be sensitive to Human Resource Administrator Lora Shramek’s time. She asked how they manage not getting a flood of requests to Shramek. Shramek said that there are some department heads who start on the budget early and they have no problem with those requests. She said that they do have a problem with last minute requests. Stutsman said that sometimes new positions aren’t a realistic plan. She asked if Shramek works with them in that regard. Shramek said that sometimes it is more of an organizational restructuring of the entire department. Horne suggested that a reminder be sent around Labor Day that the budget process is coming and people should start thinking about job descriptions.
Shramek said that Johnson County has had a long standing practice of having workers sign over their worker’s comp checks to the County and then they are provided their current paycheck. She said that this is in violation of law and the IRS. Workers comp checks should be tax free. County Insurance Agent of Record Bob Saunders said that Johnson County belongs to the IMWCA pool. The only members of the pool are cities and counties located in the State of Iowa. He said that there are 500 entities in this pool. The reason people joined the pool was because many entities had issues purchasing insurance due to “deep pockets”. Saunders explained that workers compensation rates are set by the State of Iowa and the workers compensation market is deteriorating rapidly. Saunders said that they expect everybody to have claims and rates are based on claims. He said that if you do not have claims enough to reach your estimated amount, you receive a discount on your claims. In the past Johnson County has received discounts in amounts up to 20% of the cost of the insurance, around $100,000 saving to the County. Johnson County is now being surcharged 5%, on a $500,000 premium, the County is now paying $525,000. Saunders said that statewide worker’s compensation is in trouble. He said that spiraling medical costs are a reason for the problem. Saunders said that Iowa is a good place to get hurt at work. In Iowa all medical bills are paid, as well as lost wages. In the event of a permanent disability the employee is still paid their salary until their death. If a worker is killed on the job their spouse is given income until age 65. The children of dead workers are taken care of by the State. Saunders said that there is lifetime medical coverage in the state of Iowa, which is unique. He explained that this makes insurers nervous because lifetime medical means that bills could literally be paid forever, there is no way to gauge when the end will come.
Saunders said that there are no plans to change the structure in the future, so plans need to be made to control costs. He said there are several programs in place to control the costs such as Iowa Code section 85.27 allowing workers to select their own care providers. Mercy Hospital set up a workers comp clinic to see injured workers immediately and send all the paperwork to the workers comp office. Saunders explained that if a worker is hurt at night or on the weekend they can go to the Mercy ER and still be treated as they would in the clinic and the County will be charged as if they had entered the doctor’s office not the ER. Saunders said that if an employee does not go to Mercy they may or may not be reimbursed for that treatment. By making a designated provider program, the County will be able to have more control over costs. Saunders said that workers comp is not designed to pay 100% so there is a return to work program. This program pays 66% of the worker’s salary to the worker tax free. This is to be an incentive to return to work because it is almost as much money as the worker was making, but not quite. Saunders said that all of the doctor’s bills are paid, and if a worker becomes permanently disabled, they qualify for additional compensation based on that disability. He pointed out that this person could still receive life time medical as a result of this injury. Saunders said that they discuss possible future medial needs for the injury and if the doctor says it is unlikely that they will be needed, often times, the injured person will be offered an additional cash settlement in exchange for release from the lifetime medical coverage. Saunders explained that to figure the amount of compensation they take the last 13 weeks of compensation and divide it by 91, the number of days in 13 weeks, to get the daily pay. Then 66% of this is paid to the individual for every day of the week. The individual must be gone four days or more to qualify for this compensation. Saunders said that this is where the County has gotten into trouble because this is against the law. Iowa Code section 85.38 says that an employer can supplement the employee’s compensation benefits but only through the reduction of sick pay. Saunders said that by having employees turn in their insurance checks to receive their comp-pay checks the County is breaking the law because the tax code is being violated. Saunders said that if the employee wants the benefit they need to request it in writing. He said that Cedar Rapids is doing this conversion right now and the system is not easy and has to be hand installed by the payroll people. Saunders pointed out that under the Code employers are not required to allow employees to use their sick pay to compensate themselves. If an employee is so seriously injured that they cannot write a family member can sign the form on their behalf.
Saunders said another issue has been brought up under the new privacy laws. The question is what constitutes a public record and what doesn’t. Due to a Supreme Court decision, every document involving tax dollars is of public record and that means all workers comp cases involving the County will at some point become public record. By code when someone signs the form saying they want to make a claim, the signature acts as a medical release allowing full access to medical records. The public does not have to have access to the medical records. They are entitled to see all checks written to the individual or a health care provider. The public cannot see why the provider was paid. While claims are open they are not public documents, but once they are closed they become public record.
Saunders said that soft tissue injuries, strains and sprains, are the number one cause of work comp injuries. He explained that this is a problem because it is much more difficult to pin point the cause of pain in soft tissue, and the process costs more money because more tests need to be done. Because of this, soft tissue injuries are number one in number of claims and expense of claims. Saunders went on to say that the second most common workplace injury is people falling. This happens most often due to people tripping over file drawers left open.
The County has begun a return to work program. Saunders said this is important because no one likes to be hurt and being back to work helps people feel better. There are some departments that are at a higher risk for workplace injuries such as the Sheriff’s Department, Secondary Roads, and Conservation. One of the new cost saving measures the County is considering is going to a deductible system. This will hopefully reduce the frequency of small claims. The deductible program will not effect the employees’ benefits.
Saunders said that ideally employees would request to use sick leave within ten days of the injury as the benefits begin to be paid immediately. Shramek said that in the first part of February the new workers compensation plan will begin to be implemented. Shramek also said that an employee can go to the Mercy clinic without an appointment but it is preferred that the employee talks to Human Resources Coordinator Jen Feldmann and allow her to make an appointment for them. Shramek said that the paperwork must be done right away, and with the new procedures promptness will be even more important. Saunders said that there are discounts offered to Counties for doing extra things such as establishing safety committees. R. Sullivan asked if there was going to be an employee communication piece to let everyone know of the changes. Shramek said that she and Feldmann are working on drafting it and it will go out to everyone. Saunders said that as HIPAA is written right now it has no effect on the worker’s compensation industry.
Harney said that he doesn’t necessarily agree that the County should be creating jobs for the injured employees so that they can come back to work. Shramek said that they are not created jobs, they are things that need to be done and there isn’t anyone who really has the time to do them right now. Saunders said that it is shifting the responsibilities of some things that aren’t getting done by the people currently responsible for them to someone who can get them done. Harney asked how long they have to continue to compensate the person with these fill-in type duties. Saunders said that this program is designed to help people who cannot return to their jobs get back to some of their work. Harney said that there are some positions that need to be filled right away if the person is not able to return to work immediately. Shramek said that if there is not enough work for the person to do, or if the work runs out, they are unemployed. Harney said that the job descriptions don’t allow for the person to be doing the other work. County Sheriff Lonny Pulkrabek said that he is not opposed to doing this, but the trend in law enforcement is to avoid it because of litigation risks. Stutsman asked if there is a benefit for the insurance company to use this return to work program. Saunders said that there is financial benefit because only half of the wage is being paid by the worker’s comp insurance.
Neuzil left at 2:20 p.m. and returned at 2:30 p.m.
Stutsman said that Johnson County has a new logo. Secondary Roads Sign Foreman Gary Tigges is taking appointments to place the logo on County vehicles. Stutsman pointed out that this logo has no departmental designations and that if a department wants to personalize it that is up to them.
Stutsman reported that a County survey will go out to all County employees for feedback on the holiday party, summer splash, and other activities.
Stutsman said that if somebody has been sick or passed away mass notification can’t take place because of HIPAA regulations. Permission must first be asked of the employee and then it is up to the department head as to how they want to handle it. Shramek said that Executive Assistant Mike Sullivan has copies of the forms for people to fill out if they need them. Executive Assistant Mike Sullivan said that it is okay for the departments to share information given to them by the employee, it is information from the hospital that cannot be shared without permission. M. Sullivan pointed out that the need for this will be very uncommon as the hospitals are not supposed to be sharing the information anyway under HIPAA. He said that regulations regarding information varies so much from department to department that it is just best that information not be passed from a single central source, but rather that it be the determination of every department head what is appropriate and what is not.
Shramek said that County government week is the week of April 10, 2005. Stutsman said that they are thinking of doing the Boards and Commissions Recognition again this year. Stutsman added that they want to do the thank you card again as well as a State of the County address. Another thing that Stutsman said they would like to do is put together a published piece for the newspaper with photos of elected officials and department heads along with pertinent facts and figures so the public can read about the County.
REPORTS/UPDATES FROM DEPARTMENT HEADS
Shramek said that they are working with PPME on negotiations. She said that there is a 13% increase in health care rates which will impact the budget.
Public Health Director Ralph Wilmoth said that they have a new Board of Health member Paul Deaton from Solon. He said that Pertussis is present in Johnson County. The outbreak may have crested, but because it is a statewide outbreak it will be difficult to tell for a couple of weeks. He said that the County Health Department and City of Iowa City jointly received an Iowa Shine award.
Veteran Affairs Director Leo Baier said that on December 9, 2004 Jim Nicholson was appointed as Secretary of Veteran’s Affairs.
County Engineer Greg Parker said that Sand Road bids will be let this week and they are working on the 5 Year Road Plan.
Assistant Planner Dan Swartzendruber said that the new zoning ordinance is online. He reported that they are in the process of looking at the International Building Codes.
County Recorder Kim Painter said that the Recorder’s Office has been slower, but it could be attributed to winter or to the absence of refinancing. Painter said that her budget should still be on track but she will keep the Board updated.
Lehman left at 2:45 p.m.
Financial and Statistical Supervisor Deborah Guard said that Johnson County was selected for a Mental Health and Substance Abuse Training Grant that is a collaborative effort between MH/DD, the Sheriff’s Department, MECCA and the Community Mental Health Center. This grant is for a nationally recognized training program for the Jail Diversion Project.
Ambulance Director Steve Spenler said that the EMS Association is having its 15th Annual EMS Conference Saturday February 5, 2005 in North Liberty. He requested that Board members have lunch at the conference.
Conservation Director Harry Graves said that Kent Park has become a Silos and Smokestacks National Area, which might make it eligible for some grant money.
Neuzil said that his contract for his Sunday morning government show has been extended and that everyone is welcome to come on the show and promote County government.
SCHEDULING DATE AND TIME OF NEXT MEETING
The Board and department heads scheduled their next meeting on March 22, 2005 at 1:30 p.m.
Adjourned at 2:52 p.m.
Attest: Tom Slockett, Auditor
By Casie Kadlec, Recording Secretary