The POLICEPAY Journal®

Thursday, June 8, 2006

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Matt Barnard, Editor   matt@policepay.net    (405) 234-2235    

 

 

 

RETIREE HEALTH INSURANCE MEETS THE KNIFE

NASSAU COUNTY, NY

Is Binding Arbitration Ahead For Sheriff's Dept.?

DALLAS, TX

Some Criticize City Of Dallas Police Pay Proposal

MIDDLEBURY, CT

Middlebury Police Ink New Deal

PRINCE GEORGE COUNTY

Prince George’s Attempts To Keep Up

PADUCAH, KY

Paducah Withholding Firefighter Raises Over Lawsuit

WASHINGTON TWP, NJ

Mayor, Police Spar On Contract

POLICEPAY.NET

FED UP WITH NEGOTIATIONS FAILURE?

                                             BACK ISSUES OF THE JOURNAL

 

RETIREE HEALTH INSURANCE MEETS THE KNIFE

 

By

 

Ronald J. York, President

POLICEPAY.NET, Inc.

211 North Robinson, Suite 350

Oklahoma City, OK 73102

(405) 234-2235

editor@policepay.net

www.policepay.net

© POLICEPAY.NET, Inc. 2006

 

 

 

GASB-45 is about to descend on retiree health insurance.  This new rule requires cities to report the cost of fully pre-funding retiree health insurance.  For most cities this means that the amount reported will be about double the currently reported cost.  The key thing to remember is that reporting and paying are two different things.  Nothing requires any city to actually pay this additional amount.  They must only show it in the annual financial statements.  However, this has not stopped a stampede of local finance directors that are claiming that it must actually be paid into some type of a trust plan.  They are wrong.  They know that they are wrong.  But, when did being wrong ever stop people.  Full funding of retiree insurance is the new erotic and seductive fetish being pushed by the municipal finance people.

Unfortunately, most police unions are taking the Rhett Butler position – “Frankly my dear, I don’t give a damn.”  This too is not hard to understand.  If you are not currently impacted by this, then why should you care?  Most unions only have voting members that are currently employed.  Retirees have no portfolio on these issues.  Based on the feedback I have received, most police unions are not going to resist this impending, but irrational, funding plan.

Okay, where does this leave us?  There are five options for dealing with this loss of cash flow as a result of pre-funding retiree insurance:

 

1 - The city eats the entire amount (fat chance of that happening)

2 - The contribution by the city for retiree insurance is cut in half

3 - The benefits provided retirees are cut in half

4 - Current employees eat the increase in the form of reduced pay raises

5 - Current employees eat the increase in the form of payroll deductions

 

I know, you pick door number 1, but you will be forced to choose between 2, 3, 4, and 5.  If you want my guess, you will settle for 2 or 3.  Selling 4 and 5 will be impossible.  There are two more options - 6 and 7.

 

6 - Do not pre-fund retiree insurance (this should be your goal)

7 - Eliminate retiree insurance (most cities real goal)

This issue has elicited almost opposite reactions from cities and police unions.  City finance directors are behaving like evangelical zealots while police unions are consumed with apathy.  I am surprised by the reactions of both sides.  When this rule was first announced, I figured it was just another non-starter that would only be dealt with by the geeky inner-circle of municipal auditors.  I was wrong.  When I discovered that municipal finance directors were actually going to promote full funding, I assumed that there would be a big uprising by police unions.  I was wrong again.  Hey, I hear you now.  To avoid being caught in the “three strikes and your out trap” I will drop the subject.

For those of you already retired, don’t be surprised to receive a letter saying that your benefits have been cut in half or that your contribution is going up dramatically.  It did not have to be like that but sometimes reality bites.  Ouch!

 

Is Binding Arbitration Ahead For Sheriff's Dept.?
From Newsday June 5, 2006

 

Nassau lawmakers are due to discuss today whether to introduce a binding arbitration process for unionized members of the Sheriff's Department a change firmly opposed by County Executive Thomas Suozzi.

The Sheriff's Officers Association, which has been without a contract since January 2005, is pushing the measure. It would require approval by the State Legislature and, in turn, a home-rule message from the county.

 

But Suozzi, who has long been on record against binding arbitration, reiterated that position in a letter Friday to Presiding Officer Judy Jacobs of Woodbury.

"Such legislation, if passed, would definitely result in increased costs to our taxpayers," Suozzi wrote. He has found, he added, that binding arbitration reduces the incentive to bargain in good faith.

John Duer, president of the nearly 1,100-member association, disagreed. "We have been bargaining in good faith for the past two years, and will continue to do so whether there is binding arbitration or not. And we should not be compared to anybody else," he said.

Before today's legislative session, members appeared to be leaning toward sending the home rule message despite Suozzi's stance.

Jacobs noted that the administration and the union had an agreement rejected by the legislature in August. The legislature's independent budget review office warned that the pact could trigger a "re-opener" clause in the county's contract with its three police unions, costing Nassau as much as $140 million.

"This administration negotiated those three contracts," Jacobs said.

Suozzi denied the August contract would have reopened the police agreements. "They were wrong," he said.

Binding arbitration is part of the labor arrangements for sheriffs' deputies and corrections officers in New York City and in Westchester and Rockland counties. With Suffolk adopting the arrangement last year, Jacobs said it "must be considered."

Jacobs said she did not know of any Democrats opposed to it, "although I haven't taken a poll."

The Republicans as a group declined to state a position. "We'll discuss it in our caucus Monday morning," said their spokesman, Ed Ward. But at least one GOP member, Long Beach's Denise Ford, a former union shop steward, is on record as supporting binding arbitration, "especially in situations where unions can't get deals any other way," she said Friday.

The home rule resolution could be delayed if rejected by any of the three committees it faces today: public safety, finance and rules. But it also can be expedited by an emergency vote of the full legislature. That would avoid a normal two-week delay in voting and, if it passes, would not cut so close its delivery to the State Legislature, which begins its summer vacation June 22. An emergency vote of the nearly evenly split 19 legislators, though, needs the approval of 13 members.

 

Some Criticize City Of Dallas Police Pay Proposal

From CBS News 11, June 6, 2006

 

The Dallas City Manager has come up with a plan to raise police pay. But the proposal is drawing mixed reviews from officers, with some even call it insulting.

CBS 11 News was the first to report on the organized effort among Dallas officers to make them the highest paid in north Texas.

The draft from the city manager falls short of that goal, set two months ago. Despite money concerns, the proposal does raise starting pay and could address severe recruiting problems.

Dallas City Manager Mary Suhm presented her proposal to representatives of all six police employee groups.

The draft calls for an increase in starting pay from $38,640 to $41,690. The change would move Dallas officers ahead of some competing cities, like Grand Prairie, but still well below other north Texas cities that start officers at $50,000 or more.

Dallas Police Chief David Kunkle says more money will get the city better officers.

“To a degree you get what you pay for. My view is always to pay them a fair wage, so they feel that they are treated fairly.”

The proposal includes bonuses for officers who advance their education and law enforcement certification. It would also add a $5,000 retention incentive to officers who stay five years.

“I haven't had a chance to digest all the information that was given to us. It has some positives but it has some things that we would all like to have done better,” said Lt. Malik Aziz, Dallas Black Police Association.

One of those things is improving the pay of veteran officers, who some police groups say are left out of the city managers plan.

“Quite honestly this proposal by the manager is insulting. You deal with the younger officers that are here. You don't take care of veteran officers. The chief of police hasn't stood up and try to take care of veteran officers,” said Glenn While, Dallas Police Association.

For the first time, Dallas officers could have their performance play a role in their step pay increases. Officers who avoid disciplinary action and accidents would be rewarded with cash.

The city manager will brief council members on the plan later this month.

 

Middlebury Police Ink New Deal

Pact Includes Pay Hikes, Possible Drug-Testing

From the Republican-American, June 8, 2006

 

MIDDLEBURY -- A new contract for the Police Department includes a slightly higher co-pay on insurance, raises ranging from 3 percent to 3 1/2 percent annually through 2009 and, for the first time, the option for drug testing.

 

The contract was approved Monday.

 

Police Commissioner Mark Brennan said Wednesday the four-year contract is retroactive to July 1, 2005, when the previous contract expired. Officers have been working without a contract since then.

 

Brennan said the contract negotiations were characterized by a "healthy dialogue."

"I've negotiated a lot of contracts and these negotiations were as cordial, respectful and productive as I've ever been involved in," said Brennan, who is a partner in a lobbying firm.

 

Officer Al Cronin, president of the police union, could not be reached for comment Wednesday, but said in January that officers wouldn't be looking for anything extraordinary in the new contract and would be satisfied with the status quo. He said raises in the 3 percent range would be acceptable.

 

That's what the officers got, with a 3 percent raise in the first year, a 3¼ percent raise in the second year, a 3½ percent raise in the third year, and a 3½ percent raise in the fourth year of the contract, which ends June 30, 2009.

 

Cronin also said in January that the union would lobby for no change in the cost of health insurance to the officers, which was 3 percent of the premium cost.

 

On that score, there was an increase from 3 percent to 5 percent of the premium cost in the new contract for current employees.

Officers hired after July 1, 2006, will pay 8 percent of the premium cost.

 

On the question of drug testing, Brennan said the commission can require it of an officer if it has "a reasonable suspicion" the officer is using drugs.

 

He said there was "nothing confrontational" about the provision and that it was not done for any particular purpose other than to give the commission the option to take action if necessary.

 

Brennan said the negotiations were held up as long as they were because officers were trying to decide whether to affiliate with a different union.

 

In the end, the department stuck with the Connecticut Employee Service Union. The union has represented the officers for more than 20 years, since they first organized.

 

Negotiations began Feb. 21 and concluded on May 16.

 

The Police Commission agreed to a request by the union that promotions for positions other than chief will be involve an outside agency.

The agency will determine how candidates will be evaluated and will provide the commission with several names to choose from.

Brennan said the commission likely will begin negotiating the next police contract in February 2009.

 

 

Prince George’s Attempts To Keep Up

Better starting salary for teachers, police a county priority

From Gazette.net, June 8, 2006


Millions of election-year budget dollars will go toward raises for Prince George’s 9,400 teachers and 1,350 police officers next month and toward higher starting salaries for new educators and law enforcement recruits.

 

But the boost in pay may not make much difference in the regional competition for top teachers and police officers since surrounding jurisdictions plan similar raises.

 

The police department is offering similar incentives. In early July, pay for entry-level officers will rise to $44,148 while veterans officers get across-the-board raises.

 

The starting officer salary today is $42,863, about average for the region. Montgomery and Fairfax counties offer $40,386 and $42,631, respectively, while the District of Columbia offers $44,611.

 

‘‘We want to make sure the salaries are very competitive,” Erzen said.

 

But just when Prince George’s salaries go up, Montgomery will raise its offer to $41,598 and Fairfax will raise its to $44,443. In October, the Metropolitan Police Department in the District plans to increase its offer to $46,395.

 

Those moves put Prince George’s about where it was before: ahead of Montgomery, about even with Fairfax and behind the District.

Prince George’s, though, does not require police applicants to have an associate’s degree, and offers a 20-year retirement plan, an attractive benefit compared to the 25-year plan common in surrounding jurisdictions.

 

‘‘This contract makes us very competitive with the other agencies,” said police union president Percy Alston.

 

Maj. Dan Dusseau, head of the police department’s Criminal Investigations Division, said the increases will help in the competition with other agencies.

 

Johnson has said he wants to hire 200 officers a year in an effort to keep up with the county’s growing population. The department received 3,540 applications in the last six months of 2005. The intake slowed slightly in the first quarter of this year, but the department still took in 1,019 applications.

 

‘‘If you want the cream of the crop, you’ve got to stay with the Jones’,” Alston said.

 

Paducah Withholding Firefighter Raises Over Lawsuit
From WKYT.com, June 6, 2006

 

PADUCAH, Ky. Paducah Firefighters' efforts to win back pay from the city has cost them a raise.

City commissioners granted a four percent raise last night to all other union employees in the police and public works departments starting July First.

 

But they held back on the firefighters. Three of the five commissioners said withholding the raises would offset the cost of fighting a lawsuit by the firefighters -- as well as a potential multimillion dollar judgment.

 

The firefighters' union sued the city in January, claiming that it has incorrectly calculated overtime pay for firefighters for years. The suit seeks back pay over a period of up to 15 years.

 

A commissioner who opposed denying firefighters a raise says the raises and lawsuit were unrelated and shouldn't be grouped together.

 

Mayor, Police Spar On Contract

From the Gloucester County Times, June 5, 2006

 

WASHINGTON TWP. -- Mayor Paul Moriarty called a police union protest last month that included a giant inflatable rat "embarrassing" and "unprofessional" and said the township deserves an apology.

 

"I should resign if I did that," Moriarty said. "It would be wrong."

 

Union officials showed no sign of saying "sorry."

 

"The union knows that the mayor has total disrespect for public service and public safety employees," said Stuart Alterman, an attorney for Policeman's Benevolent Association (PBA) Lodge No. 318. "Unfortunately, this mayor has taken it upon himself to facilitate a course of conduct that has done nothing but antagonize every township employee, their family and their friends."

 

Rank-and-file police officers have been working without a new contract for the past six months, and negotiations on a labor agreement have been ongoing since the fall of 2005. With talks heading to arbitration, both sides are accusing the other of unnecessary delays.

 

The contract with public works employees - represented by AFSCME Council 71 Local 3303A - has also expired.

 

The mayor filed an unfair labor practices claim against the police union in December, claiming officials failed to discuss any of the dozen or so proposals floated by the administration and refused to put any of its own proposals in writing.

 

Moriarty speculated that "the rank and file have not been informed by their leaders what's going on," arguing that the ball is in the union's court. In March, the union received the full, phone-book-sized health plan proposed by the township for review, but has yet to respond, according to Moriarty.

 

"They owe us a phone call," Moriarty said.

 

Paul Martin, president of the PBA lodge, said union had requested the full health plan "for months upon months" to no avail, he said.

When it finally obtained the proposed plan in what officials said was May, union members voted to hire an expert to compare it to the officer's current plan and pinpoint the changes.

 

"It's a voluminous amount of an information for an individual to sift through, requiring hours and hours of evaluation," Alterman said. "It's important to note that if we received the plan documents last December or January, we would already have an opinion now."

 

If there's anything both sides can agree on, it's that health benefits is the major sticking point in negotiations.

 

"We have guys going out there giving 150 percent, and they want to make sure they have the same benefit level," Martin said.

 

While Moriarty has declined to discuss all the administration's proposals, one would include an increase in the rates for prescription co-pays. Now $5, $15 and $30 depending on the drug class, the mayor said that range would be increased to $10, $30 and $45 under his proposal.

 

Moriarty suggested such concessions are not unreasonable, given the amount of sick and vacation time offered to police officers, as well as payments based on advanced educational degrees and the lack of payments officers are required to make when it comes to health insurance premiums.

 

"I think they have a pretty good deal," Moriarty said.

 

Martin said the union refuses to blindly believe the changes to the co-pays would be the only revisions of their health care plan, which is why the expert was brought on board.

 

"The union has very little faith in the mayor as far as his word," Martin said.

 

Martin further noted that officers are being stretched thinner as the township continues to mull increasing the force from 85.

Former Chief Charles Billingham had requested that the department be increased to as many as 90 officers and current Chief Rafael Muniz has agreed the force needs additional manpower.

 

"You can't keep increasing the workload on these people and telling them they don't deserve the benefits they previously enjoyed," Martin said.

 

Fed Up With Negotiations Failure?

 

Are you wondering why you are failing even though you are doing all the things the "big boys" do or following the advice of the negotiations "experts?" The answer is easy. They are wrong - plain and simple.

Negotiating like the "big boys."

  1. Start with a frugal negotiations budget, saving all of the money for grievances and arbitration.
  2. Rent billboard signs that call the mayor a "bum."
  3. Open negotiations with outlandish proposals.
  4. Hire hard-nosed lawyers to serve as negotiators who think they can intimidate the city's negotiators.
  5. File Unfair Labor Practice complaints when the city doesn't play ball the way you want. (ULP complaints are for sissies)
  6. Have 50 negotiations sessions over a two-year period.
  7. Constantly lash out at the mayor during the negotiations marathon.
  8. Motivate your membership by keeping the hostilities at the highest crescendo possible.
  9. Fold and head to arbitration to salvage a deal.

Alright, that's "kickin' their butts." The only problem is - it does not work. If it did, New York and Philadelphia would be the highest paid departments in the country.

Negotiating like the "experts."

  1. Spill your guts to the city.
  2. Give the city all of your research.
  3. Drop your pants.
  4. Hope that the city does not take advantage of you.
  5. Compromise, compromise, compromise.
  6. Lose big time, either at the table or at arbitration.

In case you did not recognize this method, it is the trendy "interest based" or "win-win" method. It is actually good stuff. The only problem is that it usually fails for police associations. It is too tempting for the city to "jump ship" and retreat to positional bargaining after you "drop your pants." When you finally end up in arbitration, the city has every document, idea and concept that you have, but you have little or nothing from them. Under the "expert method," negotiations are nothing but a deposition of you by the city.

There is a better way. We can teach you how. Read about our courses.

Click here for a printable brochure.

 

 

 

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Copyright ã POLICEPAY.NET, Inc. 2006 All Rights Reserved

 

 

The POLICEPAY Journal

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