26-272 : M. Austin, Concerns Leave of Absence, Payroll, Civil Service

This item concerns a request for investigation and administrative determination regarding employee #61240, Tracy Healy, who holds both a Personnel Specialist I title in the Human Resources Civil Service Division and the elected office of union president. The request, submitted by Matthew J. Austin, highlights concerns about potential conflicts of interest and compliance with New York Civil Service Law and the AFSCME Local 650 Collective Bargaining Agreement (CBA).

Key Points:

• Payroll Data: Employee #61240 has received $259,077.74 in total pay since Fiscal Year 2023, including base, overtime, and other pay, despite being publicly described as on a leave of absence. This raises questions about the classification of this leave as paid.
• CBA Provisions: Article IX §9.3 of the CBA allows for paid union leave for union functions, but it must be of "reasonable duration" as determined by the Director of Labor Relations. Article XI §11.2 outlines unpaid leave for union business, not exceeding one year, renewable.
• Requested Actions: The request asks for a full response to FOIL Request 26-171 regarding the authorization and terms of leave for Employee #61240, a formal determination from the Director of Employee Relations on the reasonableness of any paid union leave, and a potential investigation by the Common Council and/or Mayor, including the use of subpoena power if necessary.
• Precedent: The request references a prior issue (Agenda Item 23-1587) concerning a City Hall Clerk paid not to work, underscoring concerns about fiscal and public trust implications of prolonged paid leave arrangements.