The POLICEPAY Journal®

Thursday, September 14, 2006

www.policepayjournal.net  

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

POLICEPAY.NET NEGOTIATION TRAINING

                        

                        OCTOBER 11-12            WASHINGTON D.C.

                        NOVEMBER 9-10     -      LAS VEGAS          (click on link for information)

 

TULSA, OK

Raises for Tulsa police might end up in voters' hands

FORT COLLINS, CO

Voters reject binding arbitration

YAKIMA, WA

Police Union Rejects Deal

CAPE ELIZABETH, ME

Fact-finding could help end police-Cape Elizabeth labor impasse

OKLAHOMA

NEW OKLAHOMA POLICE / FIRE NEGOTIATION SERVICE

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Raises for Tulsa police might end up in voters' hands

Editorial From the Tulsa World, September 10, 2006

 

The mayor of Tulsa has triggered the process that could lead to Tulsa voters deciding how much raise to give Tulsa police.

 

It's déja vu 1994, when then-Mayor Susan Savage earned the undying enmity of the police force by rejecting a request for a 4.5 percent annual pay increase.

 

Mayor Kathy Taylor has offered a 4.5 percent increase to the police, but balked at 8 percent recommended by an arbitrator.

 

The issues are the same as when they arose in the fall of 1994, but they are no easier to decide.

 

Under a law passed by the 1994 Oklahoma Legislature, Taylor is required to accept the arbitrator's decision or call an election at which Tulsa voters will be asked to approve either 4.5 percent or 8 percent.

 

The Fraternal Order of Police, headed by Darin Filak, contends the police made their case before the arbitrator and that the city has the money to pay for the raises.

 

The Tulsa police force, compared to most cities of its size, is understaffed and underpaid. Tulsa is one of the few cities requiring police to have college degrees.

 

So if the police deserve the raise and the city has the money, what's the problem?

City officials say most of about $4 million in surplus money from the fiscal year that ended June 30 would be needed to grant equal raises to the city's 1,700 non-union employees.

 

City Hall budget officials say the city would run short of money the first fiscal year in which the 8 percent police raise is in place.

 

"The money just isn't there. Something is going to have to give. The city has to have a balanced budget," said Budget Director Pat Connelly.

 

Filak counters that city officials are predicting a record general fund balance this fiscal year and that he and the arbitrator expect economic growth to continue into the following fiscal year.

 

If it turns out the city does not have the money for the raises, it can take the matter to a future arbitrator, Filak contends.

 

These arguments likely will lead to a full-blown public debate if the process ends in a vote.

 

The process calls for the city clerk to acknowledge receipt of the mayor's notice. The mayor then has 10 days to call an election and the two sides have 20 days in which to submit ballot language to an arbitration panel that would have another seven days to decide the ballot language.

 

After these steps, the mayor requests the Election Board to set an election date.

When might that be?

 

Maybe never. While the road to an election unwinds, the FOP and the city can keep negotiating. Under the law, they can settle anytime before an election. An agreement would cancel the election.

 

No one seems to know how that would work. What if ballots had been printed, poll workers hired and the election process put in motion only to be settled at the last minute?

 

Assuming that Tulsans are asked to vote, what should they do?

 

Public safety, as represented by the police and fire department budgets, already is a priority, with about 56 percent of the general fund operating budget devoted to them.

 

Still, it can be argued that police protection is the most important function of city government and one can see a campaign in which police press that point.

 

Let's say Tulsans are convinced. Would their conviction include an increase in taxes or would they expect the administration to find money in other areas of the budget to finance the raise?

 

In 1994, the arbitrator said the city should take money from income on utilities to finance such raises. Savage said that would be inappropriate.

 

Taylor, called on to build the 2006-07 budget in a mere 30 days after taking office, was all but forced to raise utility rates to balance the budget.

 

In 1994, Savage reminded citizens that "the police cannot function without the call takers who perform emergency dispatch, or support personnel to handle paperwork or without the street crews who maintain and repair the streets on which they drive."

 

Should there be a tax earmarked for police use?

 

That question is certain to arise. Some cities, notably Oklahoma City, have such a tax. A public safety tax would likely be popular, but the devil is in the details.

 

If approved by voters, what would stop a mayor and council from withholding money already going to police from the general fund? If voters are to decide how much to pay police, what about firefighters? Or other groups of city employees?

 

And so the questions mount. It becomes clear that voters are being asked to consider public policy questions that should be decided by elected officials.

 

The police make a good argument for raises. But how will they react if they lose a public vote after a hectic campaign in which officials and citizens squabble over police pay and the attendant issues?

 

Although Taylor, under the law, had to launch the election process, her remarks make it clear that she would rather reach an agreement with the FOP.

 

Let's hope she succeeds.

 

 

Voters reject binding arbitration
Initiative aimed at police-contract negotiations denied
From the Coloradoan, September 13, 2006

 

Voters overwhelmingly struck down a police attempt at binding arbitration, a position the primary supporter called "painful."

 

Nearly 12,000 - 65 percent - of the 18,293 people who cast valid ballots rejected the Professional Police Initiative, which would have allowed a third-party arbiter to make decisions in contract conflicts between the police and the city.

 

The measure would have been included in the city's charter, akin to its constitution.

Supporters and opponents said the city's current budget crisis - City Council is trying to cut $7.5 million from the 2007 budget - turned voters off to the issue, which some argued would mean cuts to other city services such as parks and streets.

 

Chris Gumble voted against the measure in part because of what had happened to major automobile manufacturers who have unionized work forces and recently slashed health-care benefits to contain rising costs.

 

"(Unions) become public enemy No. 1 during budget crises," Gumble said.

 

City Council unanimously opposed the issue, claiming it would hand major budget decisions to an outsider.

 

The Northern Colorado Fraternal Order of Police Lodge No. 3, which collected enough signatures to put the item on the ballot, said binding arbitration would have helped police get the pay and benefits they deserve.

 

The near 2-to-1 "no" vote surprised opponents and supporters; a 2004 measure that gave police collective bargaining passed 51 percent to 49 percent - a difference of 335 votes.

 

"That's a painful thing," said Scott Goff, president of the Northern Colorado FOP and a Fort Collins police officer, of this year's result. The FOP raised more than $91,000 to pass the measure, while opponents at the Fort Collins Area Chamber of Commerce raised $1,940.

 

Goff said voters would see the issue again, probably in 2008 because of rules that require the FOP to wait to put the measure on the ballot. But he said he'd invite the media and public to watch contract negotiations between the city and police in May.

 

"I don't see any other method to get out more of the story," Goff said.

 

The special mail-ballot election, which cost the city $100,000, drew a 28 percent voter turnout.

 

Mayor Doug Hutchinson said the council's opposition to the measure was not about the "value and respect" the city has for its law enforcement officers. He hoped it would not create a divide between police and their employer.

 

Under current rules, police bargain collectively for pay and benefits, though the city ultimately decides what those levels will be. Goff has called the process "collective begging," though city officials say elected officials should determine what city employees make.

 

"The big concern was, this needs to be a democratic process done by elected officials," Hutchinson said. "It's also about how we manage that balance of resources in the city's budget process."

 

 

Police Union Rejects Deal
From KNDO, September 9, 2006

 

YAKIMA, Wa -   Yakima's police union rejects the city's latest proposal for a contract next year.  The sticking point...  drug testing.

 

The proposal called for what the city says is a 5% pay increase, or about 470-thousand dollars more than they paid out last year in salary.

 

The city and the police chief also wanted mandatory drug testing for all officers, but the Yakima Police Patrolmen's Association has some concerns about testing procedures.  

 

"We're concerned about some of the due process that is written into the policy for the security of the city of Yakima,"  says Bob Hester, President of the YPPA, "For the department as well as the Yakima Police Patrolmen's members."

 

"We don't have any suspicion here that the department is dirty," says Dick Zais, City Manager of Yakima, "That's not the case at all here but it is the right thing to do. To protect everyone."

 

The impasse between the city and the police union means they could be headed for a lengthy arbitration process. that could cost both sides lots of money.

 

 

Fact-finding could help end police-Cape Elizabeth labor impasse

From Keepmecurrent.com, September 13, 2006

 

CAPE ELIZABETH (Sep 13): Recommendations that could help end the labor impasse between the town of Cape Elizabeth and the Cape Elizabeth Police Benevolent Association are expected by the end of the month.


On Wednesday, Sept. 6, the two sides met for a fact-finding session, an arbitration method with a neutral third party. Attending were the three state fact-finders: Joseph D’Arrigo, a labor arbitrator and mediator; Charles O’Leary, a retired official of the AFL/CIO; and Patricia Dunn, a lawyer with the firm Jensen Baird Gardner & Henry.

 

Also at the session were Linda McGill, the town attorney; William McKinley, the police union’s attorney; Michael McGovern, town manager; Police Chief Neil Williams; Cape Elizabeth Police Benevolent Associate President Officer Mark Dorval; and associate representative Sgt. Andrew Steindl.

 

The arbitrators will issue a non-binding recommendation to be released the end of the month, said McGill. The two sides will then meet again.

 

The association represents eight police officers, three sergeants and four dispatchers. It has been without a contract since the prior three-year contract expired on June 30, 2005.

 

“We are not allowed to speak about the issues,” said McGovern.

 

Dorval, however, said an issue over the retirement plan is what led the association to an impasse. Dorval said the town has offered an increase in benefits for the 401(a) retirement plan, but police want back into the Maine State Retirement System. The state plan allows them to retire after 25 years with 50 percent of their pay, regardless of age. In 1994, the town decided to stop offering the state plan.

 

The town’s retirement plan mandates that officers cannot retire until they are 59.5 years old, said Dorval. Some officers think that is too old to be in the field, he said.

 

The Cape Elizabeth police have picketed several times in recent years, most recently in front of the town hall in April.

 

Oklahoma Police and Fire Negotiation Service

By POLICEPAY.NET, Inc.

 

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◊ Our Service is offered on a Flat Fee. (Call for fee’s, fee’s vary based on size of union, location, and whether other unions in your area are members of our service.)

 

◊ It includes a wage survey, financial analysis of your city, costing proposal, an outlook for negations training class held in our office, ALL negotiations sessions with Matt Barnard acting as your lead negotiator.

 

◊ If we can not reach a deal that your membership approves, we conduct the Arbitration hearing (as your advocate) at NO additional cost.

 

◊ Our goal is to help the medium and small departments in Oklahoma to close the gap in total compensation between them and the larger departments.

 

Call Matt Barnard at 405-234-2235 or email him at matt@policepay.net for more information.

 

The OKLAHOMA BASE PAY INDEX

First year base pay for 25 largest cities (based on 2005)- Police

 

Oklahoma City

$42,407

Bethany

$31,944

Sand Springs

$29,204

Moore

$40,396

Ponca City

$31,301

Del City

$28,163

Tulsa

$37,452

Sapulpa

$30,900

Duncan

$28,111

Midwest City

$37,169

Lawton

$30,722

Chickasha

$27,602

Edmond

$35,751

Ardmore

$30,167

Shawnee

$26,374

Norman

$34,515

Stillwater

$29,500

Altus

$24,435

Muskogee

$34,291

Yukon

$29,486

Enid

$24,066

Broken Arrow

$33,736

Bartlesville

$29,266

McAlester

$23,904

Claremore

$33,467

 

 

 

 

 

OKLAHOMA OUTLOOK FOR POLICE AND FIRE CONTRACT NEGOTIATIONS 2007

Tuesday, January 10th at POLICEPAY.NET offices – Free for members of the Oklahoma Police and Fire Negotiation Service – call for more information.

 

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Negotiating the Police Contract 2006
October 11 & 12 in Washington D.C. AND November 9 & 10 in Las Vegas

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