The POLICEPAY Journal®

Thursday, March 1, 2007

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

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OAKLAND, CA

City, cops' union at impasse

RILEY COUNTY, KS

FOP, board near agreement

NORTH PORT, FL

Negotiator for North Port police calls city's pay offer 'insulting'

BLOUNT COUNTY, TN

Deputies drop bid to form union, will rely on FOP

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City, cops' union at impasse

In contract talks, police and Oakland officials differ over chief's administrative flexibility

From The Alameda Times-Star, March 1, 2007

 

OAKLAND — Contract talks between the Oakland Police Officers Association and the city of Oakland broke down Wednesday over the city's demand that the police chief have more flexibility to run the department.

 

However, union lawyers blamed the impasse squarely on police Chief Wayne Tucker and his public pronouncements that the contract's provisions have made it impossible for him to manage the department.

 

"Many of the problems befalling the Oakland Police Department are a direct result of the city's failure to adequately staff the department," according to attorney Rocky Lucia's letter to city officials. "The suggestion that the OPOA (contract) is impeding the chief's ability to protect the citizens of Oakland is patently absurd."

 

Tucker said he was disappointed by the deadlock, adding that his mission was to bring the Oakland Police Department into the 21st century.

 

Through his spokesman, Mayor Ron Dellums said he supported the chief and his vision for the department 100 percent.

 

At a community meeting Monday night, Dellums said it was critical for police officers to be effectively and efficiently deployed, and he reiterated his belief that community policing is the answer to the crime plaguing Oakland, which is down about 8 percent from this time last year.

 

The police union has long been a political force to be reckoned with at City Hall, with many criticizing its agreement with the city as overly generous. The impasse is a result of a united City Council, along with Dellums, who made the contract an issue in the June election, pushing back in an effort to wrest power from the union, several City Hall sources said.

 

Oakland police officers are the best paid among California's 10 largest cities, with a starting salary of $69,100, full family health coverage and a retirement package that allows them to retire at age 50 with 3 percent of their highest salary. "We offered them a generous package," Tucker said. "They do a tough job."

 

Lucia said the union and its contract were being used as a "scapegoat" to deflect attention from the city's lack of commitment to its police department.

 

According to the City Charter, a mutually agreed-upon arbitrator will write a new contract for the department's officers, sergeants and lieutenants. That lengthy, expensive process could take as long as a year. Until then, the terms of the contract that expired June 30 will remain in effect.

 

Lucia said he was looking forward to "aggressively" representing the union's position in arbitration.

 

The main issue during the 10 months of challenging negotiations was city officials' demand that the union give up the power to block the police chief from changing "past practices," such as scheduling, deployment, benefits for union board members and holiday pay.

 

That clause gives the union a significant amount of leverage over the operations of the department, and makes it difficult to respond to emerging crime trends, according to city officials.

 

City officials called the past practices clause "a pig in a poke," saying the City Council would not be clear on what it was approving when it ratified the contract.

 

However, Lucia said the city's position does not "withstand scrutiny" from a legal or historical perspective and officials had never been able to show him evidence that it had interfered with the chief's ability to run the department.

 

"The reality is the department does not have enough officers," Lucia said. "This is a shell game they play with the citizens of Oakland."

 

Among the past practices the city wants to do away with include the department's generous holiday pay policy, which allows officers to choose to work — and earn 21/2 times their pay — regardless of whether they are needed on duty, officials said. That provision alone costs the city more than $1 million a year, officials said.

 

In addition, the city no longer wants to pay the full salary of the president of the police union and half of the vice president's salary.

 

City officials also noted that the union used the past practices clause a year ago to block Tucker from redeploying officers to night and weekend shifts in response to a wave of robberies and homicides. The union relented when the council threatened to declare a state of emergency and disregard the contract's provisions.

 

In addition, the city wants to reduce officers' sick leave from 60 days a year to 30 and to cut the amount of compensatory time an officer can accrue from 480 hours to 240.

 

The city's last formal offer to the police union was for a two-year contract, with 2 percent annual raises. However, after the end of formal negotiations in October, the city offered 4 percent annual raises in addition to a 3 percent bonus for giving up the past practices clause, officials said. That offer is now off the table.

 

Lucia declined to comment on the details of negotiations.

 

The city's goals for a new contract were shaped in large part by two documents: a 2005 audit of the police department that recommended a host of changes to reduce the amount of money spent on overtime and Tucker's 2006 plan for the police department.

 

There are 83 officer vacancies in the police department, and 32 other nonsworn openings, including criminalists and fingerprint analysts, despite more than a year of constant testing and training of recruits. Because of accelerating retirements, the department is not expected to be fully staffed with 803 officers until 2008.

 

 

FOP, board near agreement

From The Mercury, March 1, 2007

 

An affirmative vote by Riley County police officers may finally bring a year of contract negotiations to an end.

 

The "sworn" officers (those who may make arrests) of the Fraternal Order of Police Lodge No. 17 have been working without an approved labor contract since January 2006. The FOP voted down a tentative contract agreement earlier this month, but cleared the same agreement with a vote this week. The second vote came on the heels of a discussion among Riley County Law Board members on Feb. 20 about declaring an impasse between the FOP and RCPD. An impasse would force continued negotiations, with a final decision on contract details left to the law board's discretion.

 

"It's looking like the end is in sight," board president Mike Kearns said of the recent vote. The board will still need to have a special meeting to finalize the tentative agreement.

 

FOP president Steve Gregoire said about 70-percent of the votes favored approving the tentative contract, which will cover all sworn officers, including those with the rank of sergeant and below. The contract includes a 3.3-percent cost of living salary increase for all, as well as a 1.75-percent salary adjustment for officers. Sergeants will get the same cost of living adjustment and a 3.3-percent salary increase.

 

One condition of the contract will require the FOP to settle a bad faith bargaining complaint filed with the Kansas Public Employee Relations board against the RCPD.

 

That complaint alleges the RCPD engaged in prohibited practices dealing with the Public Employer-Employee Relations Act. Specifically, the FOP claimed in April 2006 that the RCPD did not stick to the contract that both parties agreed upon in June 2005.

 

The contract states an approval will resolve all 2006-2007 contract issues, including the FOP's complaint. "A lot of officers are unhappy about that," Gregoire said. "It's kind of a bittersweet ending to this whole deal."

 

Gregoire told the law board Feb. 20 that morale was because of the failure to reach an agreement. He said many officers felt wronged because they understood they had an agreement on the contract, but that a different salary schedule was given by the RCPD than what was agreed to. "I hope both sides can lick their wounds and start working together again," he said.

 

The tentative agreement will also bring sworn officers closer to what the FOP said is the average salary of officers in similar communities, as described in an FOP salary study.

 

RCPD director Mike Watson said he thinks the extended amount of time it has taken to reach an agreement has affected morale for some. But he said a finalized agreement and pay increases should help.

 

The negotiation process places Watson in an odd situation within the department as both the official negotiator for the law board and director of the RCPD. The officers expect him to support them and their issues, he said. "There is a conflict there, and it's something that is difficult to resolve," he said. "The board also has expressed those feelings. Personally, I don't like to be in the middle of that."

 

Watson will again be in the middle as 2008 negotiations are expected to begin after approval of the 2006-07 contract.

 

Board member Al Johnson said the board and the FOP will need to work to get a contract approved before the city and county set their budgets.

 

"That hasn't happened for several years and has been part of the problem," he said. "We are always behind the eight-ball."

 

Negotiator for North Port police calls city's pay offer 'insulting'

From The Herald Tribune, February 24, 2007

 

NORTH PORT -- Pay negotiations between the city and the police ended abruptly Friday with the police union's negotiator calling the city's offer "insulting."

Last week, the police union submitted a pay proposal that would have put North Port's police at or above the wages of 13 other agencies from Tampa to Naples.

The city did not budge Friday, again submitting a proposal that fell far short of what the police are seeking.

"It's tough to not look at it and say, for my officers, this is insulting," said Lt. Ed Fitzpatrick, chief negotiator for the Police Benevolent Association, before he and a handful of officers and dispatchers walked out of negotiations after meeting for less than an hour.

Assistant City Manager Danny Schult said police keep coming back to the bargaining table asking for more instead of compromising.

"We seem to be getting further apart," Schult said after the meeting.

Under the union's proposal, base pay for officers would start at $42,400, and lieutenants at the top of their pay grades would earn $92,553. Officers would also get a 4.5 percent cost-of-living increase in every year of the three-year contract.

The city's offer starts officers at $37,985, and topped-out lieutenants would earn $73,876.

When an agreement is reached, the approximately 100 police and dispatchers will be paid retroactively back to Sept. 30, when their contract expired.

The department's top brass -- captains and the chief -- are not bargaining members, and their pay is decided separately.

Police have used the massive pay raises the city gave non-bargaining employees last year as fuel for their wage demands. They point to civilian employees, including their own support staff such as records clerks and secretaries, who earn more than many who "carry a gun or wear a vest."

The two sides are in their 11th month of negotiations and have settled some overtime, staffing and other operating policies.

Neither side on Friday said they were at an impasse, which would result in costly and lengthy arbitration and would give the City Commission the ultimate say on what the police will earn.

"I don't want to jump the gun," Fitzpatrick said after the meeting. "But ... it's a way we could go."

 

Deputies drop bid to form union, will rely on FOP

 

Blount County Sheriff's Office deputies have dropped their bid to form a union.

Deputies and other BCSO employees voted earlier this month to affiliate with the International Union of Police Associations, a labor group with about 100,000 members nationwide. Deputies have pushed for increased pay and benefits for the past few months.

 

After further discussion, deputies decided against forming a union and will rely instead on the Fraternal Order of Police, BCSO Deputy Ronnie Reagan said in a statement.

 

"A union would not be the best voice for the employees of the Sheriff's Office to reach the public," Reagan said. "Rather than creating another body of officers to speak about pay and benefits, we feel that our employees are being well served by the local FOP on this matter."

 

BCSO Lt. Tony Rayburn, who serves as president of Blount County's Bud Allison Memorial FOP Lodge 9, said the decision allows employees to present a united front in their push for better pay and benefits.

 

"They're wanting to go with the FOP and speak with one voice," he said.

 

Brian Moran, state president of the FOP, said his organization would work with the deputies to bring about the changes they seek.

 

"We've got more knowledge, experience and resources than anybody can offer," he said. "We're not done in Blount County. We'll be there when they start lobbying for pay raises."

 

 

 

 

 

 

CONTRACT NEGOTIATIONS

 

POLICEPAY provides complete contract negotiations for your bargaining unit.  We will:

 

  • Do all of the research work – wage survey, costing analysis, financial ability-to-pay
  • Train your executive board how to lobby and politic (at your place)
  • 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
  • Provide monthly reports on major revenue (if data is available)
  • 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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