HomeMy WebLinkAboutResolutions - 1993.10.21 - 23761MISCELLANEOUS RESOLUTION #93220 October 7 / 1993
BY: PERSONNEL COMMITTEE - Marilynn Gosling, Chairperson
IN RE: PERSONNEL DEPARTMENT - 1993 - 1995 LABOR AGREEMENT FOR
EMPLOYEES REPRESENTED BY THE MICHIGAN NURSES ASSOCIATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS, the Oakland County Health Division, the County of
Oakland and the Michigan Nurses Association have been negotiating
a contract covering approximately 129 Public Health Nurses of the
Oakland County Health Division; and
WHEREAS, a three (3) year agreement has been reached for the
period January 1, 1993 through December 31, 1995 and said agreement
has been reduced to writing; and
WHEREAS, the agreement has been reviewed by your Personnel
Committee which recommends approval of the agreement;
NOW THEREFORE BE IT RESOLVED that the proposed agreement
between the County of Oakland and the Michigan Nurses Association,
be and the same is hereby approved; and that the Chairperson of
this Board, on behalf of the County of Oakland be and is hereby
authorized to execute said agreement, a copy of which is attached
hereto.
Chairperson, on behalf of the Personnel Committee, I move the
adoption of the foregoing resolution.
PERSONNEL COMMITTEE
L. BROOKS PATTERSON, OAKLAND COUNTY EXECUTIVE
COUNTY MICHIGAN
DEPARTMENT OF PERSONNEL C. Vincent Luzi, Director
TO: Lynn Allen, County Clerk/Register of Deeds
FROM: Thomas R. Eaton, Supervisor, Labor Relations
DATE: November 1, 1993
SUBJECT: Michigan Nurses Association Collective Bargaining Agreement
Enclosed for your files, please find a copy of the Collective
Bargaining Agreement with the County of Oakland, the Oakland County
Health Division and the Michigan Nurses Association representing the
Public Health Nurses. This collective bargaining agreement was passed
at the October 21, 1993 Board meeting.
Should you have any questions or need further information, please feel
free to contact me.
TRE/trur
Enclosure
EXECUTIVEOFFICEBULDING 1200 N TELEGRAPH RD DEPT 440 POW IAC MI 48341-0440 (313) 858-0530
THE COUNTY OF OAKLAND
AND
MICHIGAN NURSES ASSOCIATION
Collective Bargaining Agreement
1993-1995
AGREEMENT
This agreement is made and entered into on this _ day of
A .D . , 1993, by and between the Oakland County Board of Commissioners and the
Oakland County Executive, hereinafter referred to collectively as the "Employer"
and the Michigan Nurses Association, hereinafter referred to as the "Association"
and the association's affiliate the Professional Registered Nurses of Oakland County
Health Division, hereinafter referred to as the "Association Council." It is the
desire of both parties to this agreement to continue to work harmoniously and to
promote and maintain high standards, between the employer and employees which
will best serve the citizens of Oakland County. All references to the feminine in this
agreement shall apply equally to the masculine and vice versa.
I. RECOGNITION
The Employer recognizes the Association as the exclusive representative of the
following employees, for the purposes of collective bargaining with respect to rates
of pay, wages, hours of employment and other terms and conditions of employment,
in the following bargaining unit for which they have been certified, and in which the
Association is recognized as collective bargaining representative, subject to and in
accordance with the provisions of Act 336 of the Public Acts of 1947, as amended.
All full-time and regular eligible part-time Registered Public Health Nurses
employed in the Health Division. Excluding all other employees, supervisors
as defined by the Act, confidential, temporary, part-time non-eligible, and
substitute employees, Registered Nurses working in the Jail Facility, and
Health Educators.
II. MANAGEMENT RESPONSIBILITY
The right to hire, promote, discharge or discipline for just cause, and to
maintain discipline and efficiency of employees, is the sole responsibility of the
Employer except that Association members shall not be discriminated against as such.
In addition, the work schedules, methods and means of departmental operation
are solely and exclusively the responsibility of the Employer, subject, however, to
the provisions of this agreement.
III. DUES CHECK-OFF
(a) The Employer agrees to deduct the Association membership initiation fee
and dues, once each month, from the pay of those employees who individually
authorize in writing that such deductions be made. All authorizations delivered to
1
handle grievances.
Section 2.
Should any Grievance Representative position become vacant the Association
agrees to promptly fill the vacancy and then notify the employer within five (5)
working days.
Section 3.
Grievance Representatives may receive but shall not solicit grievances (this
is not to be construed as to prohibit Grievance Representatives from advising
members related to contract interpretation) .
Section 4.
The Association will furnish the Employer with the names of its authorized
representatives who are employed within the Unit and such changes as may occur
from time to time in such personnel so that the Employer may at all times be advised
as to the authority of the individual representative of the Association with which it
may be dealing.
Section 5.
The Chairperson of the Nurses' Staff Council shall be released for up to four
hours each month to do Union business. Release Time not used may accumulate from
month to month but at no time shall it exceed 8 hours
V. GRIEVANCE PROCEDURES
The Employer and the Association support and subscribe to an orderly method
of adjusting employee grievances. Tho this end, the Employer and the Association
agree that an employee should first bring her problem or grievance to the attention
of her immediate supervisor (or supervisor's designee) , with or without her
grievance representative within 10 calendar days of the occurrence. The immediate
supervisor shall attempt to resolve the grievance informally. Dismissals,
suspensions, demotions and disciplinary actions of any type shall only be subject for
the grievance procedure.
Step 1.
If the grievance is not settled informally, it shall be discussed with the
Grievance Representative and shall be reduced to writing, signed by the grievant
and submitted to her immediate supervisor within five (5) working days of the
informal discussion.
Step 2.
The written grievance may be discussed between the Grievance Representative
3
grievance procedure, to the next step as prescribed, shall be considered dropped
and the last decision final and binding, except that time limits may be extended by
mutual agreement of the parties. In the event that the Employer shall fail to supply
the Association with its answer to the particular step within the specified time limits,
the grievance shall be deemed automatically positioned for appeal at the next step
with the time limit for exercising said appeal commencing with the expiration of the
grace period for answering.
VI. SENIORITY
New employees may acquire seniority by working six (6) continuous months,
in which event the employee's seniority will date back to the date of hire into the
Division. When the employee acquires seniority, his/her name shall be placed on the
seniority list, in the order of his/her seniority date.
An up-to-date seniority list shall be furnished to the Association every six (6)
months.
An employee shall lose his/her seniority for the following reasons :
(a) If the employee resigns or retires;
(b) If the employee is discharged, and not reinstated;
(c) If the employee is absent from work for three (3) working days, without
properly notifying the Employer, unless a satisfactory reason is given;
(d) If the employee does not return to work at the end of an approved
leave;
(e) If the employee does not return to work when recalled from a layoff.
VII. LAYOFF AND RECALL
If and when it becomes necessary for the Employer to reduce the number
of employees in the work force, the employees will be laid off in seniority order,
based on capability of performing available jobs and shall be recalled in the inverse
order. (Refer to Rule #9, Oakland County Merit System Handbook) . All employees
so laid off shall be offered the opportunity of recall for a period equal to their length
of service, but not to exceed three (3) years, prior to the hiring of any new
employees. An employee being recalled to work shall have at least three (3) working
days written notice before the employee must report to work. A certified letter sent
to the employee's last known address shall constitute proper notice.
VIII. PROMOTIONS AND TRANSFERS
Section 1.
(a) Promotions made within the bargaining unit shall be carried out in a
5
Section 2.
Employees elected to any permanent full time Association office or selected by
the Association to do work which takes them from their employment with the County,
shall at the written request of the Association be granted a leave of absence without
pay. The leave of absence shall not exceed two (2) years, but it may be renewed or
extended for a similar period at any time upon the written request of the Association.
In the event an employee requiring such leave is determined by the employer to be
involved in work of a specialized nature which cannot be readily interrupted, the
leave may be delayed for up to 60 days.
Section 3.
When any position not listed on the wage schedule is filled or established, the
County shall designate a job classification and rate structure for the position. In the
event that the Association does not agree that the classification is proper, it shall
have the right to submit the issue as a grievance through the grievance procedure
within a three month period.
Section 4.
Special conferences for important matters may be arranged at a mutually
convenient time between the MNA representative and the Employer or its designated
representative upon the request of either party. Such meetings shall be between at
least two (2) representatives of the Employer and no more than two (2) Association
council representatives of the Association and the MNA Representative, if so
desired. Arrangements for such special conferences shall be made in advance and
an agenda of the matters to be taken up at the meeting shall be presented at the time
the conference is requested.
A special conference shall be scheduled within ten (10) working days after the
request is made to be held at a future date mutually agreed upon.
Matters taken up in special conferences shall be confined to those included in
the agenda. The members of the Association shall not lose time or pay for time spent
in such special conferences.
The employer shall respond in writing to the union within 14 days following the
Special Conference.
Section 5.
The employer may in its sole judgment and discretion decide to permit early
merit increases ahead of the schedule provided in this Agreement. Such early merit
increases shall be recommended by the department head and be subject to approval
7
there is no waiver thereof by the Employer, then no termination benefits are
payable. (To include Annual Leave Reimbursement and/or Sick Leave
Reimbursement) .
2. Notice to Employee. At least two (2) weeks written notice of termination of
employment or pay in Lieu thereof shall be given to an employee, unless the
termination is a discharge for cause.
3. Return of Employers Property. All employees are required to return to the
Department any property issued to them by the County during their term of
employment. Failure to return all property will exempt the Employer for
responsibility for payment of termination benefits. (To include Annual Leave
and/or Sick Leave. )
Section 11.
Employees with seniority whose annual leave bank and floating holiday are not
sufficient to provide for at least a 7-day leave during June, July and August may
apply for a special leave without pay consideration for this period. Should the
employer determine it can maintain normal operations it may grant this special leave
without pay. The most senior employee making application shall be given first
priority for this consideration. Application for consideration must be made prior to
June 1 of each calendar year and the employer will respond by June 15. The
Department agrees that approval of such leaves shall not be unreasonably withheld.
If the employer does not grant leave without pay to an eligible employee, the
employee may request to meet with her supervisor and the Administrator of PPHS so
that the reason for denial can be explained.
It is understood that annual leave requests shall be given priority over leave
without pay requests.
Except as provided in this section, all other provisions of the Oakland County
Merit System pertaining to leave without pay shall prevail.
Section 12.
The Employer will encourage attendance at professional and occupational
meetings sponsored or co-sponsored by the Association of other professional
associations or institutions where attendance is likely to increase the competency of
a nurse.
Preference will be given to those programs which have been approved by the
Continuing Education Approval and Recognition Program (CEARP) . Nurses desiring
to attend such professional meetings shall notify the Chief or his/her designee, who
9
arry4). Crake, Chairperson
OAKLAND,t6UNTY44UTIVE
By
L. Broo son
of negotiations and until notice of termination of this agreement is provided to the
other party in the manner set forth in the following paragraph.
In the event that either party desires to terminate this agreement, written
notice must be given to the other party no less than ten (10) days prior to the
desired termination date which shall not be before the anniversary date set forth in
the preceding paragraph.
It is agreed and understood that the provisions contained herein shall remain
in full force and effect so long as they are not in violation of applicable statutes and
ordinances and remain within the jurisdiction of the County of Oakland for continued
application.
MICHIGAN NURSES ASSOCIATION COUNTY OF OAKLAND, a Michigan
Constitutional Corporation
11
**
***
MICHIGAN NURSES ASSOCIATION AGREEMENT
APPENDIX B
For the following fringe benefits refer to the Oakland County Employee's
Handbook:
1. Injury on the Job
2. Holidays
3. Leave of Absence
4. Death Benefits
5. Longevity
*6. Medical and Master Medical Coverage
7. Sick Leave
Retirement
9. Annual Leave
**N. Income Continuation Coverage
11. Dental Coverage
12. Tuition Reimbursement
Commencing January 1, 1990, each employee covered under County provided
health care shall contribute $5.00 by payroll deduction each pay period toward
this coverage.
Commencing January 1, 1990, each employee shall contribute twenty-five (250)
cents by payroll deduction each pay period toward medical and master medical
coverage during long-term disability (LTD) . Eligibility for County-provided
medical and master medical coverage while on LTD shall be as follows : An
employee on LTD will be eligible for County-provided medical and master
medical coverage for up to six (6) months from the date of LTD eligibility,
provided he/she has applied for and were turned down for Social Security
disability and Medicaid and have no other medical and master medical coverage
available and providing the employee has not allowed his/her medical and
master medical coverage to lapse.
Employees hired on or after January 1, 1989 will not be eligible for County
reimbursement of Medicare-Part B coverage.
13
MEMORANDUM OF AGREEM
This Agreement entered into this day of October, 1993 by and between
the County of Oakland and the Michigan Nurses Association as follows:
1. A committee consisting of not more than five (5) employee members of Staff
Council shall be established for the purpose of discussing with the Administrator of
PPHS and his/her designated nursing staff representatives matters of mutual
concern directly related to the quality of nursing practice. (Nursing practice is
defined as the application of nursing skills and knowledge in a ccal or community
setting. ) The employee members of the committee shall be selected from the following
areas: One (1) North Office Field Nursing; One (1) South Office Field Nursing; One
(1) Clinic and Special Programs; One (1) Adult Health and Chronic Diseases; and
One (1) at large. Others may be invited to meetings from time to time by mutual
agreement of the parties; provided, however, that the consent of either party to
such attendance not be arbitrarily and consistently withheld.
A. Meetings shall be held every two months with the schedule determined
by the PPHS Administration. If a problem should arise that cannot be deferred until
such bi-monthly meeting, a special meeting may be scheduled by mutual consent.
B. A written agenda shall be submitted by the committee to the
Administrator of PPHS at least seven (7) days prior to a scheduled meeting. If there
are items which the Administrator of PPHS desires to add to the agenda, the
chairperson of the committee shall be notified of the same not less than three (3)
days before the meeting.
C. Minutes of the meetings will be kept and will be accepted by both
parties prior to transmittal of same to others. Summaries of the Nursing Practice
Committee shall be transmitted to all work areas.
15
October 21, 1993
FISCAL NOTE (Misc. #93220)
BY: FINANCE COMMITTEE, JOHN P. McCULLOCH, CHAIRPERSON
IN RE: PERSONNEL DEPARTMENT - 1993-1995 LABOR AGREEMENT FOR
EMPLOYEES REPRESENTED BY THE MICHIGAN NURSES ASSOCIATION -
MISCELLANEOUS RESOLUTION #93220
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XI-G of this Board, the Finance Committee has
reviewed Miscellaneous Resolution #93220 and finds:
1. The Michigan Nurses Association has tentatively agreed to
a three year contract beginning January 1, 1993 for the
129 Public Health Nurses in the Health Division.
2. 1993 cost of the increase equals $185,379 for
governmental funds and $22,856 for special revenue funds.
3. The increase is included in the 1993 Health Division
budget, no additional appropriation is required.
FINANCE COMMITTEE
i:\tim\hlt\phnunon.fn
REPORT (Misc. #93193) October 7, 1993
BY: Personnel Committee - Marilyn Gosling, Chairperson
TO: The Oakland County Board of Commissioners
IN RE: REORGANIZATION OF COMMUNITY AND ECONOMIC DEVELOPMENT
MR 93193
Chairperson, Ladies and Gentlemen:
The Personnel Committee, having reviewed the above referenced
resolution on September 29, 1993, reports with the recommendation
that the resolution be adopted with the following amendments to the
"BE IT FURTHER RESOLVED" paragraph:
1) add effective November 27, 1993 following BE IT FURTHER
RESOLVED that
2) referring to downwardly reclassifying the Economic Development
Information Systems Coordinator position, the position number
should be corrected from (19503-02820) to (19201 -01717).
3) referring to upwardly reclassifying the Senior Business
Representative position, the title should be corrected to
Senior Business Development Representative.
4) referring to downwardly reclassifying the Senior
entrepreneurial Specialist position to Small Business
Counselor, add no change in salary grade.
Chairperson, on behalf of the Personnel Committee, I move the
adoption of the foregoing report.
PERSONNEL COMMITTEE
NG AND BUILDING COMMITTEE
REPORT (Misc. #93193) October 7, 1993
BY: Planning and Building Committee, Charles Palmer Chairperson
RE: MR 93193: Reorganization of Community and Economic Development
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
The Planning and Building Committee, having reviewed the above
referenced resolution on September 28, 1993, reports with the
recommendation that the resolution be adopted.
Chairperson, on behalf of the Planning and Building Committee,
I move acceptance of the foregoing report.
MISCELLANEOUS RESOLUTION #93193 September 9, 1993
BY: CHARLES PALMER, COMMISSIONER DISTRICT NO. 16
IN RE: REORGANIZATION OF COMMUNITY AND ECONOMIC DEVELOPMENT
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
WHEREAS the Department of Community and Economic Development
proposes a reorganization of the Planning Division and Economic
Development Division to provide greater efficiency and reduce
current redundant activities; and
WHEREAS this reorganization will combine the Planning Division
and Economic Development Division under one Division titled
"Development and Planning"; and
WHEREAS this reorganization will produce a substantial savings
of over $200,000 in salaries, fringe benefits plus overhead savings
to the Department; and
WHEREAS the combination of Planning and Economic Development
will result in the deletion of three (3) positions and the
reclassification of several positions.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners combine the functions of the Planning Division cnd
the Economic Development Division under one Division, titled
"Development and Planning" as shown in the attached organization
chart.
BE IT FURTHER RESOLVED that the following classification and
position changes be approved:
Delete the Manager - Planning position (19501-03428) and
classification.
Upwardly reclassify one (1) Associate Planner position (19506-
02004) to a new classification of Supervisor of Community
Assistance at salary grade 15, no overtime.
Reclassify the Manager- Economic Development position (19201-
04720) to a new classification of Manager - Development and
Planning, salary grade 20, no overtime. Delete the Manager -
Economic Development classification.
Delete one (1) Planning 'Technician position (19504 -01476).
Delete one (1) Associate Planner position (19505 -01955).
Downwardly reclassify the Economic Development Information
Systems Coordinator position (19503 -02820) and incumbent to
Special Projects Coordinator - Community & Economic Develop-
ment and change the salary grade of the classification to
salary grade 13 from salary grade 15.
Upwardly reclassify one (1) Loan and Finance Officer position
(19201-04722) to a new class of Supervisor - Financial
Services at salary grade 15, no overtime.
Upwardly reclassify the Senior Business Representative
position (19201-05258) to a new classification of Supervisor -
Business Development at salary grade 15, no overtime.
Retitle the Entrepreneurial Specialist classification to a new
title of Small Business Counselor (no change in salary grade).
Downwardly reclassify the Senior Entrepreneurial Specialist
position (19201-04652) to Small Business Counselor. Delete
the Senior Entrepreneurial Specialist classification.
Chairperson, I move adoption of the foregoing resolution.
Cbrles Palmer
Commissioner, District No .16
BUSINESS DEVELOPMENT
4
8
MAPPING SERVICES
1 Engineering Technician
1 Engineering Aide II
2 Photo Map Techs
1 Engine ng Aide I
1 Clerk III
1 Clark II
7
31 TOTAL POSITIONS DEVELOP:AENT AND PLANNING
ADMINISTRATION
1 Mgr.-Develop. & Planning
1 Secretary II
2
FINANCIAL SERVICES
1 Supv - Financial Services
1 Loan & Finance Officer
2 Technical Asst.*
1 Supv-BusIness Development
1 Associate Planner
1 :lness Develops Rep.
1 Stria° Business Counselor
1 Clerk III
5
MARKETING & RESEARCH
1 Supv - Marketing & Research
1 Associate Planner
1 Marketing Coordinator
1 Special Projects Coord
Comm. & Econ Dev.
_L Technical Asst.
5
COMMUNITY ASSISTANCE
1 Supv - Community Assistance
2 Associate Planners
2 Assistant Planners
1 Intermediate Planner 1 Planning !ethnic:an
_1_ Clerk III
* 1 Additional position (funded by the LDC) requested In the 1904 budget.
PRO-ADI1W
October 21, 1993
FISCAL NOTE (Misc. #93193)
BY: FINANCE COMMITTEE, JOHN P. MCCULLOUGH
IN RE: DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT
REORGANIZATION - MISCELLANEOUS RESOLUTION #93193
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XI-G of this Board, the Finance Committee has
reviewed Miscellaneous Resolution #93193 and finds:
1) The Personnel Committee has approved the attached
resolution merging the Planning Division with Economic
Development under a new division entitled "Development
and Planning".
2) Annual Government funded savings related to the deletion
of three positions, the upward reclassification of three
positions and the downward reclassification of one
position is $151,243 for salaries and $60,550 in fringe
benefits.
3) Government funded salary savings is $14,487 and fringe
benefit savings of $5,800 for the period of November 27,
199 1 to De cember 31, 1993 (See attached Schedule A). The
total savings of $20,287 can be used to offset the
anticipated shortfall in investment income.
4) The 1993 Budget be amended, as specified below:
4 -10100 -192-01-00-1001 Salaries
4 -10100-192-01-00-2075 Fringe Benefits
3-10100-906-01-00-2233 Investment Income
1993
($14,487)
(5,800)
20,287
-0-
FINANCE COMMITTEE
19501-03428
19504-01476
19505-01955
72,137
39,477
45,669
25,622
17,867
19,476
0 (6,910)
0 (3,781)
0 (4,374)
(2,454)
(1,711)
(1,866)
Deleted Positions:
(81) (204)
95
109
109
262
259
262
PLANNING AND DEVELOPMENT REORGANIZATION
Incremental Savings for the Period
November 27, 1993 to December 31, 1993
(Schedule A)
Action
Position
Number
1993
Amended
Budget
Total
Salary
1993
Amended
Budget
Total
Fringes
Total
Salary
at Revised
Grade
Revised
Fringe
Benefits
Incremental
Salary
for 2.5
pay periods
Incremental
Fringe Benefits
for 2.5
pay periods
Downward Reclassification: 19201-01717 51,896 20,634 49,763 19,786
Upward Reclassifications: 19506-02004
19201-04722
19201-05258
48,356 17,510 51,092 18,501
42,416 17,877 45,117 19,015
44,774 18,562 47,510 19,696
Net Savings ($14,487) ($5,800)
====
Resolution #93193 October 21, 1993
Moved by Palmer supported by Huntoon the Personnel Committee Report be
accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Palmer supported by Huntoon the resolution be adopted.
Moved by Palmer supported by Huntoon the resolution be amended to coincide
with the amendment recommended in the Personnel Committee Report, i.e., in the BE
IT FURTHER RESOLVED paragraph:
1) add effective November 27, 1993 following "BE IT FURTHER RESOLVED
that"
2) referring to downwardly reclassifying the Economic Development
Information Systems Coordinator position, the position number should be
corrected from (19503-02820) to (19201-01717).
3) referring to upwardly reclassifying the Senior Business
Representative position, the title should be corrected to Senior Business
Development Representative.
4) referring to downwardly reclassifying the Senior entrepreneurial
Specialist position to Small Business Counselor, add no change in salary
grade.
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution, as amended:
AYES: Palmer, Pernick, Powers, Price, Schmid, Taub, Wolf, Aaron, Crake,
Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett,
McCulloch, McPherson, Miltner, Moffitt, Oaks, Obrecht. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution, as amended, was
adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lynn D. Allen, Clerk of the County of Oakland, do hereby certify that the
foregoing resolution is a true and accurate copy of a resolution adopted by the
Oakland County Board of Commissioners on October 21, 1993 with the original
record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the
County of Oakland at Pontiac, Michigan this 21st day of—Octobel. ,
Lyflo, D. Allen, County Clerk