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Thursday, March 8, 2007

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CORAL GABLES, FL

City contract offer to police includes switch to Florida Retirement System

WICHITA, KS

Wage contract for police will undergo mediation

PASCO COUNTY, FL

Sheriff, deputies near impasse

GLOUCESTER, MA

Patrolmen's union files for contract arbitration

YUBA CITY, CA

YC council hikes police pay

McALLEN ,TX

Petition calls for arbitration referendum

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City contract offer to police includes switch to Florida Retirement System

FOP rejects offer, says proposal a step backward

From the Coral Gables Gazette, March 9, 2007

 

The City of Coral Gables’ collective bargaining team dropped a “bombshell” on the police union at their latest negotiation meeting March 1 when it submitted a contract proposal which included a provision that new officers be enrolled in the Florida Retirement System (FRS) instead of the city’s existing retirement program.

 

Specifically, the offer calls for officers hired on Oct. 1, 2007 and going forward to be enrolled in the FRS, no wage increase or pension contribution in the 05-06 fiscal year and a 7 percent pension contribution coupled with a 5 percent wage increase for all officers and up to a 3 percent additional wage increase for field training officers, SWAT members and underwater recovery officers in the 06-07 fiscal year.

 

The Fraternal Order of Police, Lodge 7, leadership flatly rejected the offer because it said that the city brought the deal to the table without any background information to justify the switch the state retirement system.

 

“By switching to the FRS what is the anticipated cost savings?” asked Mark Richard, the police union’s lawyer.

 

Jim Crosland, the city’s lawyer, said that they did not have specific numbers to go along with the proposal regarding how much anticipated monies would be saved by the city.

 

Still, he said that pension programs were a national issue and one that needed to be addressed by the city sooner rather than later.

 

“Something has to be done with the pension. That is the clear desire of the City Commission,” Crosland said. He added that switching to the state retirement system represented the least intrusive measure to “get the ship right.”

 

Margorie Adler, the city’s lead negotiator, said the city would provide some of the requested background information at a later date.

 

Richard was not convinced.

 

“We understand that you think this saves the city money but where is the documentation,” Richard asked.

 

FOP President Eugene Gibbons was equally confused.

 

“There is no cost analysis, study or plan for us to look at – nothing for us to say the city is going to save this amount,” he said. “How do you even know the switch is going to save the city money if it was never costed out?”

 

He went on to say that the police union was only one of three unions in the city and wondered aloud whether the city would try such a drastic move with the other two, or if they even could.

 

“They are part of the pension problem as well (but) we seem to be singled out,” Gibbons said.

 

Just as importantly, and perhaps even more so, the union leadership said that by joining the FRS, police officers would have to give up coveted “Chapter 185 funds” which provide an ongoing revenue stream from which police pay for many additional retirement benefits.

 

“If we were to accept the deal the money from the 185 fund would eventually extinguish. It’s like giving away money with no strings attached – it’s like the city taking a match to $2 million plus dollars and igniting it,” Gibbons said.

 

“It hurts these officers that the city would be willing to take (up to) $3 million and give it back for free,” Richard said.

 

Chapter 185 of Florida Statutes was created in 1953 to provide incentive to cities to establish retirement plans covering police officers. The chapter mirrors Chapter 175 funds which provide the same benefits to firefighters.

 

The city’s current contract with its firefighter union has no mention of a move to the FRS and actually prohibits any action which would be detrimental to its 175 funds in a pension re-opener scheduled in the future.

 

Gibbons said a move to the FRS would hurt the city’s abilities to recruit new officers. The union membership also argued that creating differences in the pension and retirement systems between active police officers, the ones who would be forced to join the FRS and the current officers in the city program, could be troublesome for morale.

 

“We appreciate the city coming back to the bargaining table with us today but we were hoping to have something more palatable – I am extremely disappointed,” Gibbons said.

 

Richard said that the offer was a step backward but did not discount the possibility of more meetings before the two sides were forced to go before a special hearing magistrate to settle the impasse.

 

The city and union had scheduled the impasse hearing for March 15 but Gibbons said that a scheduling conflict had indefinitely postponed that meeting and he said the union was more than willing to meet again over the issue.

 

When, and if they, do, Gibbons said he hopes that the city would bring the proper background information for any new deal or provisions.

 

“The big thing is that they come to us with this FRS thing and they have not done any research to find out whether it will in fact save the city money and how much,” he said. “It shows that the city is not prepared and working whimsically. Nobody has done their homework and we are talking about taxpayers’ money.”

 

 

Wage contract for police will undergo mediation

From The Wichita Eagle, March 1, 2007

 

Wichita and its police union will go to mediation after failing to agree on a new three-year contract, the Fraternal Order of Police said Wednesday.

 

Steve Bukaty, the police union's labor attorney, said both sides were close to agreeing on the union's offer of a 13 percent wage increase over three years.

 

But the city offered 8 percent, he said, and the union rejected it.

 

It will take three to four weeks to meet with a mediator, he said.

 

The city's offer included a 2 percent raise starting July 1, a 4 percent raise in July 2008 and a 2 percent raise in 2009.

 

The union had proposed a 4 percent raise retroactive to December when its contract expired, followed by 4.5 percent each of the following two years.

 

"We tried like hell these past few days to roll up our sleeves and make a deal, but what do you do after getting slapped in the face?" Bukaty said.

 

Carl Gallagher, the city's labor consultant from Kansas City, Kan., said Wichita could not afford the union's offer because it would obligate itself to increase wages the same amount for other city workers.

 

"The question was whether the city could pay the freight on the offer," Gallagher said. "We tried."

 

Bukaty said the union will take its case to the public with four billboards that will go up Monday.

 

City Council member Jim Skelton said it is important for both the city and the union to resolve the issue.

 

"What I want to do is find a way to build better relationships. We need to get a solution here, in my opinion, as soon as possible -- try to get to bottom of this," he said. "This whole thing, the longer this goes on, the more my head aches."

 

 

Sheriff, deputies near impasse

They reject his contract proposal, which doesn't provide for key issues like gap health insurance and discipline appeal.

From the St. Petersburg Times, March 8, 2007

 

He made an offer and said it was final.

 

They rejected it by a vote of 168-3.

 

Now Sheriff Bob White is a day away from becoming one of the first sheriffs in Florida to reach a formal impasse in labor negotiations with his deputies.

Why don't they like his proposed contract?

 

It doesn't let them appeal to an outside arbitrator when they've been disciplined.

It provides no health insurance to cover the gap between retirement and Medicare.

 

And it says that instead of sending notices to agency inboxes, union officials must post them on a glass-encased bulletin board.

 

The deputies are merely asking for benefits their counterparts in other agencies already have, according to union negotiator Paul Noeske of the Fraternal Order of Police. A St. Petersburg Times policy review of three neighboring sheriff's offices shows he is partially correct.

 

Deputies in Pinellas and Hernando counties do get gap health coverage and the use of agency mailboxes for union mail. But Hillsborough deputies do not.

 

On the issue of discipline appeal, each agency has slightly different practices. Hernando and Pinellas have citizen review boards, while Hillsborough has internal committees that hear appeals and make recommendations. But Hillsborough and Hernando have no clear mechanism by which deputies can appeal discipline to an outside professional arbitrator, which is what Pasco deputies are requesting. Whether Pinellas has such a provision is a point of dispute, as officials Wednesday disagreed about it and the contract language was unclear.

 

Pasco deputies decry the fact that the sheriff can demote them at will, but Hernando and Hillsborough sheriffs also have the final word on demotion.

 

If the union declares an impasse, it would be only the second in the state in the four years since the Supreme Court gave deputies collective-bargaining rights, said Matt Puckett, deputy executive director of the Florida Police Benevolent Association.

 

It's hard to say what White will do next. He has declined repeated requests for interviews on the issue. Spokesman Kevin Doll said White doesn't want to debate the situation in the media.

 

Union negotiators have informed him of the vote and asked him to respond by Friday. If he doesn't make another offer, they might plead their case on billboards and in letters to business leaders. They could even take part in something known as informational picketing, which generally involves marching and sign-waving.

 

It does not mean they would go on strike.

 

An outside arbitrator could be called in to review the disputed items and make a recommendation. The final decision on the contract would still rest with White.

 

 

Patrolmen's union files for contract arbitration

From the Gloucester Daily Times, March 6, 2007

 

The union representing Gloucester's patrolmen is filing for arbitration with the city more than four years after its contract lapsed because the administration is not acting in good faith, a union spokesman said.

The administration of Mayor John Bell said the decision to file for arbitration is "unfortunate" and drains time and resources from negotiations.

Michael Williams, spokesman and treasurer of the patrolmen's union, said the motivations for starting arbitration are the long-expired contract, a lack of response to the Feb. 22 negotiating session, and the general sense of a "deaf ear" from the administration toward the union.

"The administration has once again failed to respond to the status of our most recent negotiations session, even after having agreed to do so," Williams said in a statement to the Times. "This appears to be a blatant attempt to stall and hinder any progress made during our talks."

Bell's chief of staff, Steven Magoon, said the decision "is unfortunate in that it will take time and resources. In terms of being frustrated with the whole progress or the process, I can certainly understand that, but I hope we can be successful with negotiation."

The other police union has already filed for arbitration. In January, the Gloucester Senior Officers Association, which has not had a contract for more than three years, filed for arbitration and had two hearings last month.

Both unions and almost all their membership appeared before City Council on Jan. 23 to appeal to the councilors - though the council does not award contracts - and the public. The association, which covers 13 sergeants and lieutenants, announced then that it had filed for arbitration Jan. 12 with the Massachusetts Joint Labor Management Commission.

The patrolmen's union, which represents 47 patrolmen and whose last bargaining session before the Feb. 22 negotiation was Nov. 1, expected a response from Bell's office by Feb. 27. When the union did not receive one, it decided to go ahead with arbitration.

"The avoidance of impasse at this time does not appear possible," Williams said.

Magoon said yesterday his understanding of the way the meeting ended was that he was to draft a response by this week.

"I think we were making progress," he said of the negotiations. "We discussed some additional items, and I think we're narrowing it down to where we are getting to some specifics."

Police Sgt. John McCarthy, president of the officers union, hesitantly said Thursday that the two arbitration hearings, run by a state-appointed mediator, are moving forward.

"I'd like to think it's progressing," he said. "I'm cautiously optimistic."

Both McCarthy and Williams said they are looking for raises on parity with other city contracts, particularly that of the firefighters union, which expired in 2003 and was settled with a five-year deal in April. That contract provided a 2 percent raise for the first year, eventually leading to a 3 percent increase.

Patrolman John Foote Jr., president of the patrolmen's union, said in his statement to the City Council that he was optimistic after the November meeting, but did not hear back from the administration until Feb. 13 - a day after the union told the administration it intended to file for arbitration.

Shortly after, the mayor's office set the Feb. 22 date for negotiations.

Magoon said the threat of arbitration was "not necessarily" the reason a new bargaining meeting was held. "If we reach an agreement that's preferable, we don't want to go through any additional processes or expenses if we can avoid that," he said Thursday. "It's in everybody's best interest to reach an agreement. But if we end up going to arbitration, we can certainly do that."

This fiscal year, the Police Department was budgeted $4.53 million, or roughly 6 percent of the $75.7 million city budget. In the last two years, eight of the 10 top wage-earners in the city were police officers, earning tens of thousands for manning road details and other overtime shifts, according to city records.

Arbitration

* Both police unions have filed for arbitration with the state. The patrolmen's contract expired June 30, 2002, and the officers' contract expired one year later.

* The officers union filed in January and has had two hearings so far.

* Both unions have said the length of time since their contracts expired and a lack of communication with the administration led them to turn to arbitration.

* There are 47 in the patrolmen's union and 13 in the officers union.

 

YC council hikes police pay

From the Appeal-Democrat, March 7, 2007

 

Yuba City police officers will get a 5 percent pay boost after the City Council voted for the move Tuesday night.

The unusual, mid-contract action was taken to boost the city's hiring and retention of officers as it faces competition from other cities.

Yuba City has to find another seven to 10 officers so it can take over law enforcement in annexed areas from the Sutter County Sheriff's Department. But with a pay scale 13 percent below the median for seven other cities, it was losing police.

City Council members said public safety is a top priority and that the city needs to pay a reasonable wage.

But one council member warned of tough budget times ahead due to costly levee repairs.

“We will be tested, and everybody in the city is going to be tested,” said Councilman Rory Ramirez.

 

 

Petition calls for arbitration referendum

From the Monitor, March 6, 2007

McALLEN — The city’s largest police union delivered a petition Monday, calling for a vote on whether to adopt binding arbitration as an option to solve future contract conflicts.

But, city officials say the union’s efforts may be too late to place the referendum on McAllen’s May 12 ballot.

“We’ve been busting our butts getting them collected,” union president Sgt. Mike Zellers said of the petition’s signatures. “Now, it’s up to the citizens.”

Regardless, City Attorney Kevin Pagan said he was not sure the city would have time to verify the signatures before the ballot’s cutoff.

“To my knowledge, no one has asked us how long this process would take,” he said.

Pagan did not want to discuss the specifics of the petition Monday afternoon, because he had not yet had a chance to review the document.

Since October, officers and the city’s firefighters’ union have sought support for their plan to force future contract negotiations into binding arbitration once an impasse has been declared. The latest move comes five months after bargaining broke off between the city and the McAllen Police Officers’ Union over the officers’ latest contract.

In all, the officers gathered about 3,400 signatures — nearly 500 more than the almost 2,900 needed to place the measure on the ballot, according to Zellers.

 

 

 

 

 

 

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