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Thursday, July 5, 2007

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The Police Negotiator's Handbook
Power, Influence, & Persuasion
How to Get It. How to Use It.
by Ronald J. York
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POLICEPAY.NET

THE POLICE NEGOTIATOR’S HANDBOOK

NASSAU COUNTY, NY

Nassau police force gets pay rate hikes

VALLEJO, CA

Union lawyer says Vallejo's stalling

SIOUX FALLS, SD

Council OKs pay raise for police

OAKLAND, CA

Negotiations falter between Oakland police union, city

MIDDLETOWN, OH

Manager: Fact-finder report 'ridiculous' in police negotiations

ANNAPOLIS, MD

Mayor, police union wrestle over contract

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Nassau police force gets pay rate hikes

An arbitration panel raises the top pay scale for county officers, but freezes the salary for rookies as a cost-saving move.

From Newsday, July 2, 2007

An arbitration panel has awarded average annual pay increases to Nassau County police officers of nearly 3 percent, bringing top pay after six years to about $117,000 and ensuring that the department remains one of the highest-paid in the nation.

The deal freezes starting pay at $34,000 until 2012, while base pay for most officers currently in the department would rise by 4 percent a year over that period.

County Executive Thomas Suozzi hailed the contract as including the smallest raises in recent history, "potentially saving area taxpayers millions" of dollars by slowing the rate of increase in police costs.

Suozzi called the award "a radical break from business-as-usual labor agreements and presents a historic opportunity for Long Island."

"These panels are starting to listen," said Suozzi, historically a harsh critic of the binding arbitration process.

County officials say the cumulative cost of the award will be about $129 million.

Police union leaders were more terse than Suozzi, but expressed satisfaction with the deal.

"We think it is a fair deal for both the county and us," said Jim Carver, first vice president of the Nassau County Police Benevolent Association.

The 1,850 PBA members, who have been without a contract since Dec. 31, will get average increases of 3.38 percent for 2007; 3.14 percent in 2008; 2.96 percent in 2009; 2.8 percent in 2010; 2.65 percent in 2011 and 2.8 percent in 2012, when top base pay will be $116,955.

Over the six years, the pay hikes will average 2.96 percent a year.

However, officers will not receive any increase until Oct. 1, and the money owed from April 1, when the raises start, to October will not be paid until January 2009.

Under the new contract, officers who got $65,560 a year base pay in the second year will get only $45,000, then $66,216 in their third year. They used to reach top scale -- $92,432 -- in eight years, but now it will take nine.

Suffolk County officers, whose contract expires at the end of the year, reach top scale in six years. Under the current contract, a police academy graduate in Suffolk makes $59,811; in the sixth year, the officer would make $97,959.

Suozzi made the announcement at a morning news conference, noting, he said, that Nassau is now one of the lowest-paid municipal police departments of the 19 on Long Island.

The increases are lower than the average rate of inflation which is 3.64 percent, administration officials noted.

In planning for the 2007 budget, Suozzi said he had anticipated a $19-million decrease in police costs, while the award gave him only $12 million. He said he would go to other areas to make up the anticipated shortfall.

Under the arbitration award, veteran officers will receive much higher pay increases than rookies.

Officers at the top of the pay scale with more than eight years' experience -- about 1,300 PBA members -- will receive a 4 percent pay hike every year, county officials said. Officers with less time on the force -- three to eight years -- will get one percent increases annually.

That means veteran officers will be getting a 26.5 percent increase compounded over the six years, boosting their current $92,432 base salary to $116,955 by the end of December 2012.

Daniel McCray, the county's labor relations director, said Nassau plans to hire 100 new officers in November.

McCray said the difference in salary increases between veterans and rookies will save money as older officers retire and new police are hired.

Nassau Comptroller Howard Weitzman, who has made duplicative health benefits a big issue, said: "If labor agreements with the county's other unions follow suit – and I hope they will – county taxpayers will save more than $4 million per year."

 

Union lawyer says Vallejo's stalling

City wants fire arbitration set before dealing with police

 

From the Vallejo Times Herald, July 4, 2007

 

After taking the fire union to court twice over alleged "stalling tactics," the city is now catching the same flack.

 

With firefighting jobs and immediate savings at stake, Vallejo's outside labor team wants to select a fire arbitrator and set hearing dates before committing to the same proceedings with police. But the lawyer for both unions says the city can't have it both ways as it seeks to slice nearly $7 million.

 

Attorney Alan C. Davis said he might take Vallejo to court for negotiating in bad faith because the city's outside labor lawyer, Timothy G. Yeung, won't agree to meet on the police arbitrator's next available date, July 20.

 

Any court appearance by city attorneys would mean a greater cost to taxpayers, on top of more than $100,000 in costs for outside labor consultants already.

 

Although Yeung and Davis have selected arbitrator Thomas Angelo of Mill Valley for the police arbitration, Yeung said he does not want to schedule a hearing until fire arbitration dates are set. A judge told the lawyers last week they should select a fire arbitrator by Friday and settle the matter by mid-September.

 

After an initial fire arbitrator recused himself, Davis agreed to use Angelo for both, but Yeung says Angelo could not finish both matters by September. The two will pick from a new list of arbitrators for the fire case.

 

Yeung said the police issue is less critical because there is no ongoing overtime cost tied up in the staffing debate.

 

The City Council approved the deep cuts to the police and fire departments June 26 to help offset a $9 million budget deficit.

 

Although the city and police union have not reached a cost-savings deal during occasional talks since January 2006, police have not received the same public rebuke.

 

Still, Vallejo Police Officers Association leaders say they will argue in arbitration that the council's cuts violate the union's contract to have 145 total sworn officers. In 2004, in exchange for raise deferrals, then Interim City Manager Otto Giuliani agreed the force would not fall below 145 positions.

 

The city argues the agreement was for one year only. Giuliani left at the end of 2004.

 

Several city council members from 2004 have said they intended to OK the police staffing level for that year only. But former Councilwoman Pamela Pitts, now a mayoral candidate, said she took the figure of 145 to be permanent.

 

"I don't remember any discussion about it being limited," said Pitts, a frequent Giuliani critic who has won union endorsements in past races.

 

"It's just a staffing level that had been approved. (Giuliani) had agreed they would have this staffing," Pitts said. "You don't hire people for a year - you don't staff like that."

 

In 2005, in response to a police union gripe about a hiring freeze, Giuliani's replacement, Roger Kemp, wrote a memo upholding the 145 staffing level. Kemp later sent a second note saying the level had only been OK'd for one year.

 

Several sources familiar with Kemp's November 2005 ouster say Kemp's pledge to uphold police staffing partially led to his departure.

 

 

Council OKs pay raise for police

From the Argus Leader, July 3, 2007

 

The rank-and-file police officers in Sioux Falls will receive 3 percent salary increases in each of the next three years, according to the terms of a union contract approved by the City Council Monday night.

The contract also contains other provisions regulating vacation and sick time and other benefits to police officers.

 

The new three year deal takes effect in January 2008 and expires in December of 2010. It applies to the city’s police officers and sergeants.

 

The union was unable to negotiate a multi-year contract last year, so it settled on a one-year deal that expires at the end of this year.

 

Negotiations falter between Oakland police union, city

From the Mercury-Register, June 27, 2007

 

OAKLAND _ Negotiations between the Oakland Police Officers Association and the city of Oakland broke down Wednesday over a plan to dramatically reorganize the Oakland Police Department.

 

At the heart of the dispute is Police Chief Wayne Tucker's proposal to require most patrol officers to work 12-hour shifts three days a week rather than the current schedule of 10-hour days four times a week.

 

Oakland Police Officers Association President Bob Valladon said the city presented no evidence that the change would reduce crime or better serve Oakland residents.

 

Valladon said a provision that would have required officers to work 84 hours every two weeks, rather than 80 hours, was completely unacceptable.

 

``They want us to work longer hours for less money,'' Valladon said, noting that officers would currently be paid for four hours of overtime if they worked 84 hours in two weeks. ``That's not going to happen.''

 

However, Capt. Dave Kozicki, the police department's lead negotiator, said city officials were still weighing the counter proposal presented by the union, and hoped that the dispute still could be settled.

 

If its not, an arbitrator will resolve the disagreement, but a final decision is not likely for at least two months.

 

Kozicki said city officials asked the union to pick an arbitrator, hoping to get the lengthy process started while negotiations continued.

 

``It is a little bit unorthodox, but we need to get started on changing the way we do business in the city of Oakland,'' Kozicki said.

 

Valladon said once an arbitrator is picked, the matter is at impasse. No additional meetings are scheduled, and Valladon said the next negotiating session would be in front of the agreed-upon arbitrator.

 

Karen Stevenson, a spokeswoman for Mayor Ron Dellums, declined to comment Wednesday afternoon, saying she hadn't officially been notified of the decision.

 

According to Tucker and Dellums, the schedule change is an integral part of the chief's plan to restructure the department by dividing the city into three geographic areas, with a captain in charge of each with the authority to deploy the area's patrol officers, community police officers and specialized crime reduction teams.

 

Earlier this month, union members overwhelmingly voted against the so-called 3/12 schedule on a union survey. The final tally was 427-11, Valladon said.

 

City officials said the questionnaire was one-sided, and believe more officers would support the change if they had all of the information. Union officials said they provided all of the city's arguments in favor of the change.

 

During budget discussions, Tucker told the Oakland City Council that the reorganization of the department would reduce spending on overtime by nearly $5 million. This year, the department is on pace to exceed its overtime budget by $15 million.

 

In March, negotiations over a new contract between the city and the police union broke down over the city's demand that the police chief have more flexibility to run the department.

 

An arbitrator is scheduled to take up that dispute in December, officials said.

 

Manager: Fact-finder report 'ridiculous' in police negotiations

City Council rejects report; talks now headed to conciliation.

From the Middletown Journal, July 04, 2007

City Council on Tuesday rejected a fact-finder's report in the police contract negotiation that has reached an impasse.

 

Interim City Manager Steve Husemann said city staff recommends the council reject the nonbinding fact-finder's report, which noted the city's financial situation but still made recommendations he termed "ridiculous."

 

The city and the Fraternal Order of Police Lodge No. 36 have been negotiating a contract since last winter. A hearing was held June 12 and the report was released Friday.

 

Assistant Law Director Sara Mills told the council there were 20 issues that included wages, health insurance, uniform allowance, premium pay, shift differential and pension pickup.

 

Mills said the wage increase recommended by the fact finder was 4 percent in the first year, 4.5 percent in the second year and a wage reopener in the third year of the pact.

 

In the city's budget, there were funds for 3 percent increases for each of the first two years of the contract.

 

In addition, Mills said the fact-finder recommended an opt-out provision for members who can get coverage through a spouse or elsewhere that would entitle the employee to a $4,000 annual payment.

 

Vice Mayor Tony Marconi said the wages sought "won't play well with the public" especially at a time when the city is going to try to pass a levy.

 

The contract negotiation will now proceed to conciliation, which is binding on the union and the city.

 

The FOP has two units, one representing 64 patrol officers and the other representing supervisors, 12 sergeants and lieutenants.

 

 

Mayor, police union wrestle over contract

Moyer offering 2% raise, but they're asking for 8%

From The Capital, June 30, 2007

A back-and-forth between Annapolis' police union and Mayor Ellen O. Moyer has escalated into a war of words following failed contract negotiations.

 

Set to expire at midnight, United Food and Commercial Workers Local 400, which represents Annapolis police officers, has asked for an 8 percent cost-of-living increase. The city offered 2 percent.

 

Union President Jim Lowthers charges the city with failing to fill 22 open officer positions and sacrificing the safety of its citizens.

 

"What Annapolis' finest are asking for is just the bare minimum any public safety professional needs," Mr. Lowthers said in a news release. "An end to overwork and fatigue, a commitment to full staffing, and working conditions that empower them to do their jobs to the best of their abilities. There should not be any dispute over this."

In a memo to city officials last week, Ms. Moyer described the final 2 percent proposal as "generous and fair," citing her administration as a key component to "a renewed and rejuvenated" police department.

 

"This is neither true nor has it been true for the last five years of this administration," Ms. Moyer said in response to the charges. "That rhetoric is untrue and unfair."

 

Ms. Moyer also points to retirement and health benefits as well as a salary higher than other area jurisdictions including the county, the state and Baltimore. She said the department receives the highest pension contribution in the region.

 

"This city administration has brought the department to top dog status," she said.

 

"Four years ago we had more people leaving than we could hire."

 

Mr. Lowthers said the officers' current contracts will continue for two more years, but the negotiation would supply them with better wages and benefits.

 

"At this point, I'm not sure anybody is going to do anything right now," he said. "We've said that we don't think the agreement is fair and we are waiting to hear from them."

Following two separate negotiation sessions, Ms. Moyer said she was unclear what was left for the city to do.

 

"There's nothing left to do," Ms. Moyer said. "We've offered twice and they've said no. I have nowhere else to go."

 

Mr. Lowthers acknowledged the overall package of wages and benefits for the officers is very competitive, but fears Anne Arundel County officers will be "far ahead" within the next two years because of a recent contract negotiation.

 

"But when you're 22 officers short, you have all kinds of overtime and at some point (that) gets to be a problem," he said. "You have response time issues and we need a fully staffed police department."

 

Ms. Moyer contends there is a nationwide shortage of qualified candidates to fill the police ranks and said Public Information Officer Ray Weaver is working with Police Chief Joseph Johnson to create a pamphlet of information for those interested in a law enforcement career. Although plans for the brochure are still very preliminary, it hopes to focus on the pride of being a police officer, Mr. Weaver said.

 

He said 10 officers have been sworn in to the city ranks since March 2006.

 

"We didn't get to where we were from not caring, but from police competitiveness and making retaining officers a priority," Ms. Moyer said. "Nationally, there is a (recruitment) crisis and it hits us just as much as anybody else."

 

 

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