The POLICEPAY Journal®

Thursday, February 15, 2007

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Matt Barnard, Editor   matt@policepay.net    (405) 701-8616  

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WICHITA, KS

City and FOP Haggle Over Contract

SAN DIEGO, CA

Police talks suspended; pension change weighed

STAMFORD,CT

Police union seeks higher pay for detectives

JACKSON, MS

Council Expects Crime Fighting Plan But Gets Pay Raise Proposal

DEL RIO, TX

Police officers receive raise

EL PASO, TX

Police, Firefighters pension in $350M deficit

POLICEPAY.NET

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                                             BACK ISSUES OF THE JOURNAL

 

City and FOP Haggle Over Contract

From KAKE News, February 10, 2007

 

Wichita Police have been working without a contract since December. Despite a new offer from the city, it looks like the cop contract battle is far from over.

 

For two months, members of the Fraternal Order of Police have been hitting the streets with picket signs. The big issue is pay. Police say the city is refusing to come up with a legitimate pay proposal. They say the city's latest proposal on Friday's was no different.

 

While the latest offer modified some the minor details of the deal, the hang-up is still on the amount of pay. The FOP says they've dropped their request of a six percent raise to 5.5 percent. That's still two to three percent more than the city is offering.

 

After almost 15 offers and counter offers, the FOP says they are done with negotiating. That may leave them no other choice than to go with a mediator. The mediator would conduct a study to compare Wichita to similar sized cities.

 

FOP President Chester Pinkston says while there is feelings of uncertainty for officers working without a contract, they won't sign until they get the deal they want. Pinkston says they need to go back to the table and talk about the proposal. Until then, he says negotiations are at a standstill.

 

KAKE News contacted several city officials for this story. They say they agreed the only place they will talk about the contract is at the negotiating table with the fop. However, they say they are still optimistic that a resolution will be reached and they are not at an impasse.

 

 

Police talks suspended; pension change weighed
From the UNION-TRIBUNE, February 10, 2007

 

SAN DIEGOSan Diego police union leaders will temporarily suspend talks with the city because of a proposal to close a pension program that allows workers special access to retirement funds while still on the city payroll.

 

Mayor Jerry Sanders and City Attorney Michael Aguirre said Wednesday that the program, called the Deferred Retirement Option Plan, or DROP, is too expensive to remain open to new enrollment.

 

Mark Sullivan, who sits on the Police Officers Association's board of directors, said negotiations had been suspended for at least a week so union officials could meet Wednesday with members.

 

Talks could resume as early as Feb. 21 if union members believe that negotiations can still be productive and the mayor is acting in good faith, he said.

 

Many police officers were upset the mayor told a talk show host that the union had been informed of his plans for DROP when it hadn't.

 

“We feel fairly confident that (city officials) recognize that a mistake was made at the mayor's level,” Sullivan said.

 

Sanders apologized yesterday, but called for contract talks to continue.

 

“We don't think it does anyone any good to stay away from the table,” the mayor said. “We have fairly substantive issues to talk about.”

 

Aguirre said the Feb. 21 meeting already is scheduled, and that negotiations are “not in our understanding, suspended.”

 

Police officers have clashed with the city in the last few rounds of labor talks, leading to imposed contracts that have angered union members. The department is short nearly 200 officers.

 

City employees have been furious with Aguirre for his attempts to exert control over the pension system and cut back benefits granted in 1996 and 2002.

 

One of the options added for employees was the chance to defer retirement by up to five years while having their pension funds deposited into a special account. They receive paychecks at the same time.

 

A pension expert said this week the program has cost the city more than $70 million, though union officials have cited a 2005 report in which DROP was said to have saved taxpayers $45 million.

 

 

Police union seeks higher pay for detectives

From The Advocate, February 15, 2007

STAMFORD - After losing its battle for higher pay with the state last year, the police union is asking a city commission to give officers in the detective bureau a higher rank, officials said.

The request, made to the city's Personnel Commission, is the latest move in a dispute that began with mass resignations in 2004 and dates to a 1972 deal between the city and the union.

The conflict surrounds about 30 officers who work in the detective bureau and investigate serious crimes. The officers keep the rank of patrol officer even though they do a different job than uniform officers.

The union asked the state to intervene in a grievance it filed against the city in 2005. The grievance said the officers were doing the work of sergeants and deserved nearly $2 million in back pay.

The state denied the grievance but suggested the union raise the issue with the city Personnel Commission. The state arbiter cited "overwhelming" evidence that officers in the bureau had responsibilities different from patrol officers.

"We want a new rank," said Officer Michael Merenda, the union president. "We are looking for the Personnel Commission to do its job."

Dennis Murphy, the city's head labor negotiator, said he will review the facts and make a recommendation to the commission. Murphy successfully fought the union's grievance to pay detectives at the higher sergeant's rate.

The commission could re-establish the rank of detective, a position that existed in Stamford until 1972. Detectives were paid the same salary as sergeants until that year, when the city and union struck a deal to eliminate the detective rank.

If the commission reinstates the rank, the union and the city would negotiate salary rates for officers holding that rank, Merenda said.

Increasing the salary of all 30 officers by 15 percent to match a sergeant's salary would cost the city about $250,000 per year, according to the police contract.

In the 1972 deal, the city promised to staff the bureau with sergeants so the salary of employees in the detective bureau would stay the same.

The city soon broke the agreement by assigning patrol officers to the bureau without promoting them. It is unclear when the city violated the deal, but patrol officers comprised most of the bureau by the mid-1990s.

The rank of detective was not written out of the police union contract.

The union never brought the issue up in contract negotiations after 1972. But in 2003, the union president, Sgt. Joseph Kennedy, wrote a letter encouraging all the officers in the bureau to demand new assignments in protest.

The officers asked for transfers in 2004.

The city and the union negotiated at the last minute to prevent the shake-up, officials have said. They discussed salary increases and the use of a gold badge for officers in the bureau.

The talks fell apart, and Chief Brent Larrabee reassigned the veteran investigators to the patrol division. He replaced them with patrol officers at the bottom of the seniority list.

The inexperienced officers did their best, the chief said, but crime jumped in 2005 and the percentage of solved crimes dropped.

Larrabee eventually forced the experienced investigators back into the bureau, prompting an outcry from union officials who accused the chief of violating seniority rules.

As the controversy continued, the union waited for the state Board of Labor Relations to rule on the pay issue.

The board denied the union's grievance in November, saying the officers did not perform all the duties of a sergeant and therefore did not deserve the pay raise.

The officers, for instance, do not supervise other officers ranked below them, a key function of a sergeant, the state arbiter ruled.

The timing of the ruling meant the union could not propose a new rank or pay scale as part of their contract negotiations with the city, officials said.

The talks fell apart before the state's ruling. An arbitrator will write a new contract this year after testimony from both sides.

Merenda said the union would not have made the detective issue part of contract talks. That leaves them with one option - the Personnel Commission.

Murphy would not say what he will recommend to the commission.

"I will review all the evidence," he said.

Capt. Richard Conklin, head of the detective bureau, said he hopes the commission will grant the new rank.

"The men and women who do these jobs deserve recognition," Conklin said.

 

Council Expects Crime Fighting Plan But Gets Pay Raise Proposal
From WLBT.net, February 12, 2007

 

A long awaited special council meeting on the Jackson Police Department's crime plan instead turned into a police pay raise proposal.

 

A plan that caught city leaders off guard and raised concerns about the recently passed budget.

 

Crimes like this weekend's bold convenience store shooting and robbery prompted Jackson council members to press for a plan to get violence under control.

 

Monday a special meeting was held to hear in-depth strategies, instead the chamber was filled with law officers supporting a pay raise.

 

Ward Seven Councilwoman Margaret Barrett Simon said,  "This is not exactly what I had expected when I came here. I thought the chief was making a presentation to us."

Chief Shirlene Anderson said the department is losing officers because of low pay and benefits.

 

Precinct four Commander Steve Sansom presented the proposal to the council.

 

Cmdr. Sansom said,  "We have officers that come in this department and stay here just long enough to get that certification out of our academy and some of them quit the day they graduate from that academy and go to other departments."

 

The department is proposing a $3.6 million dollar plan to recruit and retain officers with an average salary increase of $7,300.00 and paid medical.

 

It would be funded through an increase in traffic, parking, court services and other fees.

 

It would also raise the hotel/motel occupancy tax from $0.75 to $5.00.

Council members Barrett Simon, Bluntson, Crisler, McLemore and Tillman were present during the discussions.

 

They all said they support raises but have concerns about the funding process.  

Ward Six Councilman Marshand Crisler said,  "I hope we just didn't bring everybody down here just to say we want to give yall a pay raise. I hope there's a plan. A real plan."  

 

Councilwoman Barrett Simon asked,  "Are you requesting anything of us today that you failed to request of us a month ago when we approved the budget?"

 

Ward Two Councilman Dr. Les McLemore said,  "We're waiting for the administration to bring the recommendation forward. It didn't occur during the budgetary cycle. We provided an across the board raise for everybody."

 

Chief Anderson said if the council approved the plan it would go into effect in October.

 

No action was taken on the proposal.

 

 

Police officers receive raise

From the Del Rio News-Herald, February 14, 2007

 

Del Rio Police Department officers got a 20 percent pay raise from city council Tuesday night, following appeals from the police chief and the president of the police officers association.

Assistant City Manager Billy Guerra this morning said the 20 percent pay raise will apply to officers from the entry level through the rank of lieutenant.

The council Tuesday night also approved a 5 percent pay increase for officers holding the rank of captain and for the chief.

Guerra said the raise becomes effective March 1 and continues until Sept. 30.

Guerra said the 20 percent pay hike will raise the current $27,000-per-year starting salary at the police department to about $32,400.

Earlier during the meeting, council members learned from Del Rio Police Officers Association president Mark A. Guerra that the starting salary for entry-level officers in Eagle Pass currently is $30,000 and the starting salary for entry-level officers in Uvalde is $30,958.

Guerra told the council, “This is a crisis situation. We implore you to look into it.”

The assistant city manager said the police officer pay raise will cost the city a total of about $400,000 from the time it is implemented through the end of the fiscal year, Sept. 30.

“It’s just long overdue and our police officers at the entry level are not being paid at a rate that is anywhere near competitive with other cities of the same size. This situation makes it very difficult for us to recruit quality officers and, if they join the force, their pay is so low that it is difficult to keep them for leaving the department to go to higher-paying jobs once they have a little experience,” said Councilwoman Pat Cole, who made the motion to institute the raise.

The council approved Cole’s motion unanimously.

Cole said much of the credit for the raise goes to the meet-and-confer committee comprised of members of the police officers association, city staff and several city council members.

“I think it is well-deserved. It will help us with recruitment and may even bring back some of the officers who have resigned in the past few months. I think it is a very positive move on the part of the city council,” DRPD Chief Waylon Bullard said this morning of the council’s decision.

 

 

Police, Firefighters pension in $350M deficit
taxpayers may have to pay up to $200 million

From The El Paso Times, February 12, 2007

 

The El Paso Police and Firefighters Pension Fund is facing a long-term deficit of $350 million and fixing it is going to cost taxpayers about $200 million.

 

City officials say the tentative plan is to raise the money by selling $100 million in pension obligation bonds sometime this summer and the another $100 million in 2009.

 

Deputy City Manager Bill Studer plans on briefing City Council members on the proposed pension changes and the impact on the city's finances Tuesday.

 

Before Sept. 1, he said, the city plans to convert $99.5 million in short-term debt to longer-term general obligation bonds and to sell $75 million in bonds to pay for routine infrastructure improvements, repairs stemming from the August 2006 flooding and for voter-approved, quality-of-life projects.

 

What happens to tax bills will depend on a lot of things and cannot be predicted just yet, he said.

 

"We don't know how much the tax roll will grow, how much new construction we'll see or how we'll phase the debt in," Studer said. "But we will try to make the impact on the tax rate as gradual as we can."

 

The current city tax rate to cover all debt payments is about 19 cents per $100, which amounted to $190 in taxes on a house with a taxable value of $100,000 on last fall's tax statement.

 

By policy, Studer said, the city's debt service rate cannot exceed 25 cents per $100 valuation. That would come to $250 on a house with a taxable $100,000 value but, Studer said, any calculations should include the city's new $5,000 homestead exemption and the $30,000 for the elderly and disabled.

 

El Paso voters approved a one-time injection of cash to correct the pension deficit in the February 2004 election. But neither the ballot item nor the campaign suggested how much it might cost.

 

If the elements of the proposed pension fix are approved by the city's 1,100 police officers and 810 firefighters in an election, it will result in the creation of a second tier of retirement benefits for future public safety employees, who will no longer receive automatic cost of living increases.

 

Officers and firefighters will also have to work 25 years instead of 20 for a full pension and won't be able to take it until they are 50 years old, instead of 45.

 

Current police officers will have to contribute 13.9 percent a 2 percent increase of their pay into the retirement system. And widows of retired officers or firefighters in the second tier will not receive 100 percent of the deceased spouse's pension as they do today but 75 percent.

 

"While it's a $360 million problem, through this process we're not going to the taxpayers for $360 million," Police Commander Robert Feidner, a member of the police and fire pension board, said. "The police officers and firefighters are making concessions that address 50 percent of the problem."

 

The police and fire pension plan supports 1,350 retirees and has $715 million in assets.

Feidner said the pension problem, which is now growing by $76,000 a day, was first found in the mid-1990s, and he credits the current city administration for its willingness to address the issue.

 

"When the problem was originally discovered, it was in the $40- to-$60 million range," Feidner said. "Over the years, no one took the bull by the horns. They said, It's your problem, you deal with it.'

 

"It's like the little snowball at the top of the mountain. Every day, it got bigger and bigger. This administration got very proactive and recognized it for what it is and began having meaningful discussions."

 

Officer Bobby Holguin, the president of the El Paso Municipal Police Officers Association, said the terms of the settlement will be hard on future officers but fixing the problem now is important.

 

"In the year since the city, pension board, fire and police began negotiating, the deficit has gone up almost $100 million," he said. "Once the fund gets upside-down, it starts snowballing because you're paying out of principal instead of contributions and investment earnings.

 

"If we wait until next year, the deficit could double. We've got to stop the bleeding. It's not going away."

 

Holguin said he is concerned that the change in benefits will hurt the Police Department's efforts to hold onto officers who are being recruited by federal law enforcement agencies that pay more and offer better benefits.

 

"We had 81 officers leave for various reasons in 2006 and 90 in 2005," he said. "I have talked to officers about this.

 

"They don't like the changes, but the way it's put to them is it's something they are going to have to do to keep their pension system sound."

 

Firefighters now pay more than police into the pension system, 15.25 percent of their salary, and that will not change.

 

Pilo Tejeda, a 76-year-old retired firefighter, said he is not happy with the pension board members because of the mistakes they have made in dealings with retirees.

But he approves of the steps being proposed to correct the pension deficit.

 

Widows of retirees, he said, shouldn't get 100 percent of their spouse's pension, and public safety employees shouldn't be able to retire with full benefits at 45 with 20 years.

 

"They need to get rid of all that," he said. "Forty-five is too young to retire, and the guys need to put in at least 25 years like we did."

 

Tejeda said if he dies before his wife, she will only receive a third of his current pension because that's what the plan allowed when he became a firefighter.

 

When Tejeda retired in 1981, he began receiving a pension of $1,100 a month. With cost-of-living increases, it has grown to $1,900 a month.

 

The pension plan for the city's 4,000 non-uniformed employees is also facing a $97 million liability.

 

There are plans to remedy that with a 1 percent increase in employee contributions and a 1.4 percent increase in the city's contribution to the plan, said Robert Ashe, the city's pension administrator.

 

 

 

 

CONTRACT NEGOTIATIONS

 

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  • Meet with the key decision makers in your city – Chief, Mayor, Administrator
  • Provide all preparation for contract negotiations
  • Serve as your lead negotiator

 

Our fee will be a fixed amount that is agreed to up front.  The fee will include all costs, even travel and hotels.  There will be no surprises.  We offer options with no up front payment.  You can make equal monthly payments.  If your contract is 36 months, you will make 36 monthly payments.

 

During the term of the contract, we will:

 

  • Update your wage survey whenever there is a change
  • Update ability-to-pay reports annually
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  • Meet with you annually to review strategies

 

If we are not able to reach an agreement with your city, we will provide arbitration services at no additional cost.  We intend to get an agreement.

 

Our approach to contract negotiations is different than what you are probably used to.  We engage in non-confrontational negotiations that rely on developing relationships.  However, we do not use so called “win-win” negotiation.  It’s a loser for you.  There will be no unfair labor practice complaints filed by us or lawsuits and grievances.  If that is what you are wanting you need to call the usual knucklehead lawyers that have been screwing up police negotiations for years.  Intimidation and blustering are not in our arsenal.

 

If you prefer to negotiate yourself we can provide any of the services listed above, with the same payment plans, only at lower rate.  If this is the way you want to go, you need to attend one of our negotiation seminars.  The upcoming seminars are listed on our website.

 

For more information, give us a call at (405) 234-2235, or contact Matt Barnard on his cell phone at (405) 413-6517. You may also email Matt at matt@policepay.net.

 

 

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