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It has come to the attention of THE FRANKLIN INDEPENDENT JOURNAL that a complaint has been filed with the Milwaukee District Attorney’s Office against Robert Schick, Jr., an aldermanic candidate for District 3. We have learned that Mr. Schick failed to disclose on his City of Franklin Financial Statement filed on December 28, 2010, his relationship with Waste Management. The complaint alleges that Mr. Schick is an employee of Waste Management, and as such, should have disclosed that fact. The City of Franklin Financial Statement requires that candidates must disclose their relationship with any businesses that deal with Franklin. Waste Management owns and operates the landfill in Franklin.
THE FRANKLIN INDEPENDENT JOURNAL reached Mr. Schick at his home and asked him to comment on the investigation. He stated he could not talk about the DA's involvement. When asked if he worked for Waste Management, he stated he was not an employee but did work for them. When pressed with further questions, he stated that the conversation was over. He did not wish to comment any further.
This story is still developing so check with THE FRANKLIN INDEPENDENT JOURNAL for future developments.
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The Franklin Independent Journal has decided to publish only video of the last question to all Aldermanic candidates from the March 16, Candidates forum. If you wish to watch the full-length version—questions 1-6, as well as the candidates’ closing statements, please see Wag the Dog’s post “Candidate Forum Reveals Little.”
FINAL QUESTION: When you’re elected in April, what will be the first three tasks you wish to accomplish as an Alderman?
I need to get a tripod!
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We recently revealed and analyzed the outrageous Employment Agreement between the City of Franklin and Franklin Director of Finance and Treasurer, Calvin Patterson—the second highest paid City employee.
In this piece we will focus on the extraordinary Employment Agreement provided to the city’s highest paid employee, Mark Luberda, Director of Administration who, like Cal Patterson, is an officer in Mayor Taylor’s cabinet.
According to City documents Mark Luberda’s Employment Agreement was entered into on November 21, 2007. Prior to the agreement Luberda’s annual base salary was $98,664.80. According to the terms of his contract, Mr. Luberda received a one-percent annual base pay increase upon signing the agreement. Mr. Luberda also received a one-time payment of $950. (See Contract; page two, Section 3, SALARY).
Like Mr. Patterson’s agreement, Mr. Luberda’s agreement includes an automatic 12-month renewal clause which includes a three-percent annual base salary increase, unless a resolution is submitted to the Common Council by a predetermined date. By submission of a resolution, the Common Council votes to extend or terminate the agreement based on a majority vote (See Contract; page two, Section 2, TERM).
Mr. Luberda receives the same benefits package provided to other non-union management employees as outlined in the City of Franklin Benefits Ordinance, with the following additions:
Four Personal Days upon commencement of this agreement.
City-paid cell phone.
Upon commencement of this agreement, Mr. Luberda’s current vacation balance will be credited with on week of vacation.
Professional fees to be paid by the City.
Upon termination or non-renewal of this agreement, the City will continue to pay the employee’s salary and family medical insurance for the employee for a period of six-months.
RESIDENCY
Employee shall not be required to become a resident of the City of Franklin.
Some of you may be rightfully asking yourselves; so what are the duties and responsibilities associated with the job of Director of Administration? The City’s website describes it this way:
The Director of Administration serves as the Chief Administrative Officer of the Municipal Corporation; leading, planning, organizing, and directing the portions of the central administration of the City of Franklin toward the fulfillment of goals and policies determined by the Common Council.The Director coordinates the day-to-day administrative activities of the City, excluding the administrative functions of the City Clerk and Finance Department, introduces new methods and procedures among City departments, and apprises the Mayor and Common Council on operating results. The Director has the responsibility of overseeing the City's insurance program. Read more.
Was Mark Luberda underpaid, overpaid or properly paid in 2010 when his annual salary was $108,063.39 plus benefits? That’s a question you’ll have to answer for yourself. Make sure to let your Alderman and Mayor Taylorknow where you stand on this matter, as well.
Last night the Franklin Board of Education voted 5-1 (Janet Evans voting No) to approve a contract including a two-percent pay hike to represented (union) District secretaries, office assistants and education assistants. These employees have been working without a contract since July 1, 2009. Therefore, the two–percent pay raise will be paid retroactively from July 1, 2009. This current contract expires on June 30, 2011.
This action comes on the heels of the Board approving a 2.3 percent pay raise for School District Superintendent, Dr. Steve Patz, and an average 2.3 percent increase for Administrators and various non-union staff at its March 16 meeting.
Follows are the vote totals for these measures:
March 16 Meeting
Dr. Steve Patz a 2.3 percent increase for 2010-2011—Approved, 4-3 (Evans, Witkowski and Works voting No).
Average 2.3 percent increase for Administrators—Approved, 5-2 (Evans, Witkowski voting No)
Average 2.3 percent increase for various non-union staff, 2010-2011—Approved 6-1 (Evans voting No).
When reached by telephone, Dr. Patz confirmed that these pay increases were previously budgeted for.
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THE FRANKLIN INDEPENDENT JOURNAL has discovered through an open records request that Cal Patterson and the City of Franklin have agreed to extend the automatic renewal date in his employment agreement from April 1, 2011 to June 8, 2011.
Sent: Thursday, March 17, 2011 4:33 PM To: Alderman
Cc: Tom Taylor; Jesse Wesolowski
Subject: Cal's Contract and a unilateral extension
Alderman,
I am providing a copy of this document to everyone as there appeared to be a question concerning the automatic renewal of Cal’s contract. Cal had provided the City with a unilateral extension of the automatic renewal clause of the contract that pushed back the April 1st date referenced in the contract to June 8th for 2011. A copy of the document is attached for your review. If you have questions, you may feel free to contact me.
Based upon strong reader interest in this story, we offered Franklin Aldermen and the Mayor an opportunity to answer this question directly. THE FRANKLIN INDEPENDENT JOURNAL sent emails to all Franklin Aldermen and Mayor Tom Taylor on March 17 and 18 to get their answers. At this writing (Saturday, March 19, 2011), only one Alderman has given us the courtesy of an answer. All responses we receive will be published.
THE FRANKLIN INDEPENDENT JOURNAL thanks its readers for their support and extends additional thanks to Franklin bloggers for their assistance in helping notify their readers about this important issue. THE FRANKLIN INDEPENDENT JOURNAL has received overwhelming response, far beyond our expectations. For that we thank our readers. Without your help and actions we cannot accomplish anything to improve our community.
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In a blatant attempt to thwart Gov. Scott Walker's budget repair Law which includes provisions for collective bargaining reform for teachers and other public-sector union employees, a number of misguided school districts and other government bodies around the state are extending or negotiating new contracts with their teachers into the next school year. It can be argued that these actions represent collusion between those school districts and the teachers union and complete disregard for the districts’ tax payers.
We spoke to Franklin Schools Superintendent, Dr. Steve Patz this morning and he has assured us that unlike some school districts throughout the state the Franklin School District has not extended its contract with the teachers union and “will not go down that road,” Patz said. The current teachers contract expires on June 30, 2011, giving the school board greater flexibility in its negotiates with the union.
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In the past few weeks, public sector employee compensation, especially union employees, has become a high-profile policy issue in Madison and has cascaded across America. This rippling effect will have ramifications in Franklin, as well.
Before the “Madness in Madison” began over public-sector employee union contracts, we thought we would take a look at Franklin’s two highest-paid employees (non-union) and determine how the mayor and common council were treating them. We were very surprised and we believe you will be, too.
In our open records request, we learned that Mark Luberda, director of administration, had an 2010 Agreement with Franklin for a salary of $108,891.95 plus benefits. Calvin Patterson, director of finance & treasurer has an Employee Agreement with Franklin which provided for a 2010 salary of $106,923.43 plus benefits (Patterson's complete contract can be found at the bottom of this article). Both of these are cabinet officer positions which means they report directly to the mayor.
In this article we will focus on the salary and benefits of the director of finance & treasurer position and an important upcoming date.
If the mayor or common council does not take action by April 1, 2011, Patterson's contract will renew automatically for another year with its “sweetheart deals” (See Patterson contract, page 1, Section 2, Term of Employment). After reading this article you may want to contact the mayor and your alderperson to express your concerns.
As our country was entering into the worst recession since 1991, and Franklin was slipping into a $2.5 million budget shortfall, no Resolution, as required in the Employee Agreement (See Patterson's contract. page 2, Section 2, Term of Employment), was submitted to the Franklin Common Council by the April 1 yearly deadline. In 2010 a current alderman was made aware of the impending deadline and was asked to submit a Resolution to the common council, or at least bring it to their attention. He refused, for reasons only known by the alderman. This year, THE FRANKLIN INDEPENDENT JOURNAL is going on record to notify the mayor, common council, and Franklin taxpayers of this important deadline. If no Resolution is submitted, this Employee Agreement will automatically renew for another 12-month term under the same terms and conditions with the exception of increases to salary and benefits. This means his salary and benefits will continue to increase annually.
Patterson has enjoyed an Employee Agreement since 2006 that contains these benefits and incentives:
Patterson's annual base salary with annual 3% salary increases
See Patterson's contract, page 3, Section 4 Performance Evaluation)
2006 – $95,000.10
2007 – $97,850.10
2008 – $100,785.60
2009 – $103,809.16
2010 – $106.923.43
2011 - $110,131.13
This is an increase of 15% or $15,131.03 since 2006. Since this recession began employees have made salary concessions just to retain their job, while others have received zero or very meager salary increases during these tough economic times. Patterson has received these automatic salary and benefits while the city and Franklin taxpayers continue to face tough economic conditions.
Compensation provided in lieu of retiring
As an incentive to Patterson to continue working between the ages of 62-65, Franklin agreed (See Patterson contract; Section 3, Salary, paragraph 3) to pay him half of the current retiree benefit, while giving him full health and dental insurance during the same period of time. On average, Franklin was paying $21,037.44 to provide insurance to retirees. Patterson received half of that, $10,518.72, or $31,556.16 for those three years while he continues to work and be fully insured by Franklin. You as a taxpayer are footing this bill. (Note: the $10,518.72 compensation was not added to the annual base salary noted above.)
In our research we found it difficult to compile all of Patterson’s benefit dollar value due to the fact that there is no central source or document for this sort of information contained in it at city hall. Multiple staff resources were called upon to fulfill our request for Patterson’s benefit information.
Franklin to pay three years of health insurance after retirement
The city has agreed to provide Patterson with full Employer-paid family retiree health benefit coverage for a period of three years (See contract; Section 5, number 1.) Total cost to the taxpayer for three years coverage at the city’s current monthly rate of $1,812.50 amounts to $65,250. It’s significant to note that Patterson is the only city employee that receives this benefit. At age 65 all other retirees are expected to enroll in Medicare (see city’s Benefits Ordinance).
Vacation
Patterson is entitled to 160 hours of vacation annually (See Patterson contract Section 5, Benefits, number 2.). According to the city’s Benefits Ordinance, the average non-union employee would need 12 years of service to receive 20 days (160 hours) vacation. Patterson enjoyed this benefit in less than half the time required of other Franklin employees.
Residency
During the term of the Employee Agreement, Patterson will not be required to become a resident of the City of Franklin (See Patterson contract Section 5).
Life Insurance
Patterson will be provided life insurance at least equal to two times the employee’s annualized bi-weekly base salary (See contract Section 5).
Cell phone
Patterson will be provided with a city-paid cell phone for business purposes and minimal personal use (See contract Section 5).
Professional Fees
Franklin will pay all professional fees (See Patterson contract; Section 5 Benefits, number 5.)
Franklin will pay Business–related Travel and Entertainment Expenses (See Patterson contract, Section 5 Benefits, number 6.)
After reviewing the Finance expenditure reports, we noted a pattern. It appears that Patterson absorbs almost all the budget dollars allocated for conferences and schools. For the past three years, this cost Franklin taxpayers was $6,278.97.
Additional open records requests regarding the expenses for conferences and schools are pending. The Franklin Independent Journal has raised additional questions and has asked for clarification pertaining to policies and procedures. Watch for a future story.
Governor Walker and state legislators have insisted that the rationale behind the passage of the new budget laws were needed to put the tools in the hands of local government to overcome the cuts that will be passed down from the state to local government. From what we have learned and shared with our readers about city management employees’ salary and benefits deals outlined here, The Franklin Independent Journal believes it will be difficult for the City of Franklin to win any type of concessions from their union and non-union employees as long as one of the top two city officials enjoys such lucrative compensation package. Franklin doesn't need any help from the governor and legislature to deal with the Employee Agreement it created with Cal Patterson. They just need to demonstrate common sense and fairness when dealing with all employees and leading by example.
A follow-up story focusing on Mark Luberda's—the highest paid city employee—Employment Agreement will be published soon.
Friday, April 1, 2011 at 7:57 PM 