The POLICEPAY Journal®

Tuesday October 27, 2005

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

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GO TO WWW.POLICPAY.NET and CLICK on POLICEPAY RADIO for the David Kallas Interview

Listen to David Kallas Executive Director of The Las Vegas Police Protective Association in an interview with POLICEPAY Journal Editor, Matt Barnard about the recent vote by the Fiscal Affairs Committee

ORLANDO, FL

City Approves Raises For Police

LAS VEGAS, NV

FISCAL AFFAIRS: Panel Votes Down Police Contract

NEW YORK, NY

Finest Sgts. Get Deal - Bravest To Follow?

COLUMBUS, GA

FOP Head Sees Plan As 'Good First Step'

AUGUSTA, GA

Police Officers Get Early Raises

TAUNTON, NJ

Taunton Police Agree To New Pact

OSWEGO COUNTY, NY

County Sheriff Deputies Remain Without Contract

BURLINGTON, VT

City Acting In Bad Faith On Pensions, Unions Say

WESTBROOK, ME

Police Vote Ends Long Contract Dispute With Westbrook

ULSTER COUNTY, NY

Sheriff's Union Seeks Pay Hike

Look At The Last Issue (10/18/05)

 

 

 

City approves raises for police

From the Orlando Sentinel, October 27, 2005

Orlando police landed a three-year salary deal Wednesday without the picketing and feuding that marked contract negotiations with city officials during the past year.

The City Council unanimously approved a multiyear contract that gives members of the Fraternal Order of Police labor union salary increases of 2 percent the first year and 3 percent the second and third years. The contract, effective immediately, also reinstates health-care coverage for retired cops, a benefit some officers lost years ago.

The negotiations were much more amicable than talks about the union's previous contract. Last time, when Mayor Buddy Dyer refused to offer salary increases of more than 2 percent, the union picketed City Hall and hired planes to tow banners criticizing the mayor.

The feud went on for nearly a year -- so long that talks about the next contract had to start almost immediately.

"It was in everybody's best interest to get it resolved," said union president Jeff Williams, who added that city officials were more cooperative this time. "Had the environment been the same a year ago, we wouldn't have gone through all of that."

The salary increases for the Police Department's officers and sergeants will cost the city an extra $2.3 million the first year, $2.9 million the second and $3.6 million the third.

Dyer said the city's negotiators treated the union fairly both times.

"We presented what we felt was a fair contract to the taxpayer and the police union," he said. "It never was contentious from the city's side."

After the union failed to win a larger salary increase last year, union leaders threatened to campaign against City Council members they considered hostile. Williams said Wednesday that the union has not decided whether its members would play a role during the spring elections.

"We want people who are going to be fair, not just to us but to everyone in the city," he said.


FISCAL AFFAIRS: Panel votes down police contract
County, Las Vegas officials disagree about compensation package

From the Las Vegas Review-Journal, October 25, 2005

 

A proposed $52 million, four-year contract that would raise the pay of Las Vegas police officers by more than 25 percent was rejected Monday on a 3-2 vote by the Metropolitan Police Committee on Fiscal Affairs, sending the contract negotiations to a non-binding fact-finding process.

 

Faced with the fact that six of seven Clark County commissioners opposed the contract, appointed committee Chairman Peter Thomas said he wasn't comfortable approving a contract opposed by officials elected by the vast majority of county voters.

 

"I don't believe a person in my position, not directly accountable to voters, should be able to decide an issue with this magnitude of an impact on county taxpayers," Thomas said.

 

Members of the Las Vegas Police Protective Association voted in the past week 1,191 to 76 in favor of the contract, with opponents saying the pact doesn't adequately bolster the officers' health coverage until the final year of the contract, said Dave Kallas, executive director of the officers' union.

 

Kallas said officers are frustrated that they don't have a contract after eight months of negotiations and that it's not fair that county officials, who have seen tax revenues increase with Southern Nevada's growth, opposed the proposal.

 

The proposal assures most officers a 10 percent annual pay raise, a 70 percent increase over four years in the contribution to their health care and an increase in the officers' uniform allowance.

 

The county's two representatives on the committee, commissioners Chip Maxfield and Rory Reid, joined Thomas in killing the proposed contract. Last week, the county appointed Reid to replace Commissioner Tom Collins on the Fiscal Affairs Committee after Collins said he supported the contract proposal.

 

Maxfield and Reid said the proposed 25.6 percent increase in the cost of salaries and benefits would impair the county's ability to fund other services, especially if proposed anti-tax initiatives are approved and limits are placed on local-government revenue.

 

They said officers are not overpaid and that 80 percent of the county budget goes to public safety, which includes the fire department, the courts, the county jail, child-protective services, the park police and other departments.

 

Rather than approve the contract proposal, county officials think it's prudent to have the pact reviewed, commissioners have said.

 

"I'd love to have been an advocate of Metro today, but my problem is I have to worry about Metro and a lot of other things," Reid said. "We have to be willing to balance all the serious needs the government is asked to meet, and sometimes we have to say no. We are not saying 'no'. We are saying we have concerns."

 

The city of Las Vegas' representatives on the committee, council members Larry Brown and Gary Reese, supported the contract after Brown said public safety is the voters' No. 1 concern and that it's appropriate to cut other city services or programs to better fund the Police Department.

 

"We better be able to step up and pay for the best police officer possible," Brown said. "It's going to be tough to get the best of the best because, even with this contract, we are not as competitive" as other departments that are recruiting new officers.

 

The negotiation process, which started in February, is now expected to go to a non-binding fact-finding process under which an objective third party will review the positions of the union, the city and the county and recommend a contract settlement. That closed-door process is not expected to start until January.

 

If the parties involved can't agree on the recommendation, the closed-door talks could then be forwarded to binding arbitration, under which a decision by an objective arbitrator is final.

 

If the talks go to binding arbitration, union and county officials have predicted that a final contract may not be signed until June or July, which would mean that the officers will have gone a full year without a contract.

 

The defeated proposal called for the officers to receive a 3.5 percent cost-of-living raise in the first year of the contract, which is retroactive to July 1. Officers would receive annual 4.5 percent cost-of-living raises in the second and third years of the contract, and a 4.25 percent raise in the fourth year.

 

The pact also would require the department to pay for a 1.75 percent hike in the officers' contribution toward their pension and annual increases in health coverage of 10 percent in the first year and 20 percent in subsequent years of the contract.

 

When a 4.5 percent cost-of-living raise and a 1.75 percent payment to each officer's pension are added to the 4 percent "merit" or "step" raise that two-thirds of the officers are entitled to receive each year, an officer is in line to receive a 10 percent annual raise based on the contract proposal. Merit raises are received automatically on an annual basis and are not part of the contract talks.

 

Las Vegas police salaries ranked 57th among the nation's 200 largest police departments, according to a May 1 analysis by policepay.net, an organization that reviews police compensation. The salary for a Las Vegas police officer on the force for one year is $44,695, according to policepay.net.

 

The 10 percent increases a first-year officer would receive under the contract would boost that salary to $48,829 in the first year of the contract, based on calculations by the Review-Journal. That would rise to $53,834 during the contract's second year, $59,352 in the third year and $65,287 in the fourth year of the pact.

 

Based on a review of 2004 gross salaries for all Las Vegas police officers, the average salary was $70,560 and the median salary was $69,712.

 

Meanwhile, the average salary for a North Las Vegas officer in 2004 was $67,818 and the median salary was $72,266, according to North Las Vegas salary records. The average salary for a Henderson officer was $71,604 and the median salary was $75,776, according to Henderson records.

 

 

Finest sgts. get deal - Bravest to follow?

From the Daily News, October 20, 2005

 

The police sergeants union reached a tentative contract deal with the city last night - and New York's largest firefighters union could follow suit in a matter of days, sources said.

 

After a marathon session with mediators, the Bloomberg administration and the Sergeants Benevolent Association agreed to a tentative pact with a 10.25% raise over 24 months, sources said.

 

The deal would lengthen the amount of time it takes a sergeant to reach maximum pay, from 36 months to 48 months. But at the end of that time, a sergeant would earn $76,403, up from $69,300.

 

In exchange for the pay raise, sergeants would agree to give supervisors more flexibility in scheduling 15 of their shifts per year, up from 10. Starting pay for new sergeants would not be cut, but base pay at the second, third and fourth salary steps would be reduced, sources said.

 

The 5,000 sergeants would see roughly $15,000 each in retroactive pay under the contract, which would cover June 1, 2003, through May 31, 2005. Negotiations would have to resume on a new deal at some point.

 

City firefighters also are expected to reach a deal in coming days. Under terms now on the table, firefighters would get a 17% raise over four years, sources told the Daily News.

 

But the Bravest would have to work an extra 15 hours a year, and either give up nine hours of vacation or attend a training session on their own time, among other potential givebacks, in exchange for the raises, sources said. Salaries for probationary firefighters would not be touched, unlike the drastic cuts made to the pay of rookie cops in a deal between the Patrolmen's Benevolent Association and City Hall, sources said.

 

Insiders said a deal between the Uniformed Firefighters Association and city officials could be sealed within a week - but cautioned that nothing has been signed. A pact would mark the latest major contract dispute settled by Mayor Bloomberg as November's election draws closer. The city's 8,900 rank-and-file firefighters have been working without a contract since July 2002 and UFA President Stephen Cassidy has blamed Bloomberg repeatedly for the impasse.

 

Earlier this month, the teachers union won 15% raises, spread over 52 months. But the tentative deal calls for longer hours and givebacks.

 

Cops were awarded raises of 10.25% over two years in June for a contract covering 2002 to 2004. But an arbitration panel slashed the pay for recruits in the Police Academy from about $35,000 to $25,100 a year. Sanitation workers cut a deal last week, giving them 17% raises over 51 months, but cutting starting pay for new employees from about $30,000 to $26,000.

 

UFA, Sergeants Benevolent Association and City Hall officials declined to comment last night.

 

 

FOP head sees plan as 'good first step'
Preliminary plan to fix pay inequities would cost city $10.2 million
From the Ledfer-Enquirer, October 27, 2005

 

Columbus leaders saw a preliminary study Wednesday, recommending ways to correct inequities in the pay of city employees.

Still some wonder where the money will come from, and when they'll have the funds to take the next step.

 

The year-long study conducted by the University of Georgia's Carl Vinson Institute of Government had no surprises, as everyone knew city workers here typically are not paid as well as those in comparable cities in the Southeast.

 

The cost of correcting those inequities is $10.2 million, money the city doesn't have. So city leaders have asked consultants at the Carl

Vinson Institute to come up with a plan enabling them to increase workers' pay incrementally over a period of years, using the funds they have available.

 

Some question whether any funds will be available.

 

"I don't know where the money's going to come from," Councilor Red McDaniel said. The city hasn't been gaining enough revenue from growth in its tax digest to cover such costs, so "the money's just not there," he said.

 

McDaniel was one of five councilors briefed on the plan. The others were Gary Allen, Skip Henderson, Jack Rodgers and Mimi Woodson. Woodson could not be reached for comment and Rodgers declined.

 

Others who got to see the study were city department heads and representatives of the Columbus Chamber of Commerce, the Fraternal Order of Police, the Police Benevolent Association and the Firefighters Association.

 

Randy Robertson, president of the FOP, found the study encouraging.

 

"I'll be honest," he said. "We, along with the chamber and the city, were the three groups that pressed for this plan. Looking at what we were handed today, I was impressed."

 

The preliminary plan was a "good first step" in getting the pay issues resolved, he said.

 

Currently, the starting salary for a police officer with a high school education is $23,832. In the plan, that officer would make $30,152.

Robertson said the FOP was not asking that public safety workers here be the highest paid in the state, but that they be paid fairly.

 

"I think this plan starts moving us in the right direction," he said, noting the group will not be short-sighted in looking for changes.

City Manager Isaiah Hugley felt the study provided a place to start correcting inequities: "I think we're going to have to develop a plan that gets us there over a period of years," he said. "I think we've first got to look at what we can afford year one, if council will authorize money year one, and that starts the implementation. And then we'll decide at that time the plan of action over the next several years -- a plan that goes five years or six years that would get us to full implementation."

 

That could mean starting as early as the next fiscal year, if the 10-member council approves, he said: "I have hope that we will be able to do something to go ahead and get the plan going."

 

Some councilors who saw the plan were optimistic, but that optimism was dampened by budget limitations.

 

"It's a big mountain to climb," Allen said of the plan's estimated $10.2 million cost. "It's just something we're going to have to work toward, and without knowing what the tax digest looks like for the next fiscal year, I can't tell you what we would be able to do, what portion of it. But we're going to do all we can."

 

Henderson found the study encouraging: "I left there kind of optimistic," he said. With the consultants' help in coming up with an incremental plan, the city over time may be able to boost pay based on the funding available, he said. "But I can tell you, without identifying additional revenue streams, anything we do toward that plan is going to be a mighty small step," he said.

 

Among the department heads who saw the study was Rufus Riggs, the director of Public Services. He said his department has some of the lowest-paid city employees -- laborers making $7.18 an hour, or $14,934 a year.

 

"That's a person who will be cutting grass, running a weed-eater, running a lawnmower, a person who's on the back of a pothole truck who is patching potholes, a person who is part of a rainwater management crew who is fixing a cave-in, digging a ditch, those kind of things," he said.

 

That's a worker ranked at Grade 1, under the city's current pay scale. Those rankings currently have 14 grades. The study recommends 29 expanded pay grades. That's supposed to help alleviate the problem of longtime employees reaching their maximum pay levels years before they retire.

 

The plan recommends starting Riggs' lower-paid workers at Grade 6, making $20,311 a year.

 

Riggs hopes this new plan will help. Still he understands that "funding this is going to be challenging," he said.

 

 

Police officers get early raises

From the Augusta Chronicle, October 24, 2005

 

Prompted by the threat of a lawsuit from Richmond County Sheriff Ronnie Strength, Augusta commissioners voted Monday to give sworn sheriff's officers 4 percent raises for the rest of the year and another 4 percent in January.

 

The raises for 500 officers will go into effect beginning with the pay period that follows the Nov. 1 Augusta Commission meeting.

Commissioners voted for the raises after a closed-door meeting, during which they discussed a letter from the sheriff's attorney, James Ellison of Burnside Wall LLP.

 

Jim Wall of that firm served as city attorney for 10 years.

 

Mr. Ellison said it is imperative the commission address the salary problems within the sheriff's department. About 90 employees have left the department this year for better-paying jobs in the private sector or with other governmental agencies.

 

There are currently 34 vacancies in Mr. Strength's office, according to Augusta City Attorney Stephen Shepard.

 

The raises will cost $75,000 through year's end and will be paid from money that was budgeted for salaries of officers who have left the agency.

 

Mr. Ellison also asked commissioners to approve another 4 percent raise in January along with those budgeted for all other city employees. The annual cost of the 8 percent increase will be about $1.5 million, Mr. Shepard said.

 

"The county commission has the obligation to fund the budget in a constitutionally adequate and reasonable amount," Mr. Shepard said.

 

"So we have the legal duty to comply with that so we do not have litigation as was, I'd say, threatened."

 

The sheriff also has the authority to have an attorney to represent him, Mr. Shepard said.

 

Low salaries have created a problem that is threatening the sheriff's ability to perform his constitutional and statutory duties under Georgia law, Mr. Ellison states in the letter.

 

"While the sheriff would like to avoid any and all conflicts with the commission, if this problem is not addressed there may be no choice other than to seek the intervention of the courts," he wrote.

 

The sheriff is an elected constitutional county officer and not an employee of the commission.

 

Although his budgets and accounts are subject to the authority of the commission, the board's decisions with regard to his budget may be judicially reviewed for abuse of discretion, Mr. Ellison states, citing legal cases in Dougherty County and Calhoun, Ga.

 

Mr. Ellison stated that the exodus of personnel from the sheriff's office is reaching a point at which the sheriff will "no longer be able to perform his constitutional duties."

 

Commissioner Bobby Hankerson said the entry-level pay of officers in surrounding law-enforcement agencies is higher than in Richmond County and that once officers are trained at Augusta taxpayers' expense they leave to take jobs at those agencies.

 

"Columbia County is getting some of them," he said. "The state patrol is getting some of them. ..."

 

In addition, retirement benefits in the city's 1998 deferred compensation package are almost nonexistent, Mr. Hankerson said.

"We have nothing to offer them as far as benefits," he said.

 

Also on Monday, the administrative services committee approved a request from Superior Court Clerk Elaine Johnson to reclassify personnel in her office whose duties increased after the Georgia Supreme Court ordered the Augusta Judicial Circuit to create a case-assignment system managed by the Clerk of Superior Court.

 

The committee also voted to fund four new positions in the clerk's office next year.

 

Taunton police agree to new pact

From the Enterprise, October 25, 2005

 

TAUNTON — The city has reached a contract agreement with the Police Patrolmen's Union calling for a 10 percent raise over three years.

The contract, retroactive to July 1, gives police 3 percent raises in the first and second years, said City Solicitor Steven A. Torres.

 

The third year of the contract is split, giving police a 2 percent raise for the first six months, effective July 1, and 2 percent in the final six months, effective Jan. 1, Torres said.

 

A split lessens the financial impact on the city during the fiscal year, said Torres.

 

Patrolman Eric Nichols, union vice president, said the 88-member union ratified the agreement last week, and the pact now goes before the City Council, which votes on the financial appropriation.

 

"Our hope is the City Council will approve it unanimously," said Nichols.

 

Nichols said Mayor Robert G. Nunes was "very fair to us."

 

"The union was responsible and aware of the city's financial limitations and interested in working jointly with us in the future for improving manning and public safety," said Torres.

 

The 88-member union agreed to waive the majority of 76 grievances that were pending, Nichols said.

 

"Those grievances could have cost the city potentially hundreds of thousands of dollars," said Nichols.

 

"We cleaned the slate of a lot of grievances that could have been costly when you add up the awards and attorneys' fees," said Torres.

The contract has historically had a provision requiring the losing side of a grievance to pay the winner's attorney fees.

Nichols said Nunes inherited the grievances.

 

Torres said the new contract has stronger language, giving the city more rights, medical reviews and second opinions in dealing with police officers who are injured in the line of duty.

 

"There are significant improvements, making it better and protecting the city's interests in getting people back to work," said Torres.

Known as 111F, the state law allows police and firefighters to receive full pay tax-free when they are injured in the line of duty. The city has been pushing to get injured police officers and firefighters reviewed by doctors and back to work.

 

Currently, the base pay for a first-year patrolman is $37,943; for second-year patrolman, $38,488; third-year patrolman, $40,190.

Patrolmen receive one additional vacation after 20 years, one more week after 25 years.

 

The new contract officially approves a policies-and-procedures manual, which will assist the city in reducing insurance premiums, Torres said.

 

"There have always been rules and regulations," said Torres.

 

Under the contract, police will also be required to purchase dress blazers, and vacation time is increased for officers with more time in the department.

 

"There was a gap in vacation between the police and fire," said Torres.

 

Mandatory manning levels were not part of the new contract, Nichols said.

 

"The mayor has made it clear he is doing everything he can to increase manning levels within the budget constraints," said Nichols.

Manning levels are management's right.

 

The contract was negotiated by Nunes, Human Resources Director Maria Lopes, Torres and Police Chief Raymond L. O'Berg.

The police negotiating team included president John E. Munise III, Nichols, Steve Turner, Robert Bianchi, Paul Taber, Mark Brady and Peter J. Corr.

 

 

County sheriff deputies remain without contract
From the Valley News, October 24, 2005

 

Members of the Oswego County Sheriff’s Department are without a contract after negotiations with county officials broke down and moved to arbitration for resolution.

 

"This is the first time that we have ever gone into arbitration," said one deputy, who asked not to be identified.

The final determination of the arbitrator will be binding, Deputy Robert Hoyt said in a recent interview. Hoyt will take over the position of union president in a few days.

 

Until a contract agreement is reached, deputies will continue to be paid at the 2003 pay scale. That pay scale, according to county payroll records, is at a rate of $15.39 per hour.

 

Deputies have long been among the lowest paid county employees. According to county records, highway employees receive between $16 and $18 per hour and some building cleaners earn over $17 per hour.

 

In addition to being among the lowest paid county employees, Oswego County deputies are actually the lowest paid law-enforcement officers in the county, Hoyt noted. A police officer in a northern Oswego County village is earning more than the deputies, he said.

"All we are asking for is fairness and equity," Hoyt said. He added that he could not speak to the specifics of what the members of the Oswego County Sheriff Association are seeking.

 

The road patrol is not state-mandated; however, any mention by legislators about disbanding it has generated public opposition.

The deputies respond to crime scenes, patrol roads, and participate in public-education programs. They are allowed to take county vehicles home with them when off duty in order to facilitate quick response in the event of an emergency call.

 

The contract is being arbitrated under a new state program initiated by Governor George Pataki. Oswego County deputies will soon get an idea of how the arbitration works because the Onondaga County deputies are currently going through the process, Hoyt noted.

 

Hoyt said the low pay has resulted in a large turnover. He said as a 17-year employee of the department, he is the senior deputy.

 

Because of the lower pay, some of the officers work part-time jobs, some as village police officers. "We all have families to take care of, too," Hoyt said.

 

Oswego County Personnel Director Maureen Sullivan acknowledged the arbitration in a recent interview with The Valley News on the subject of county employment.

 

 

City acting in bad faith on pensions, unions say
From the Burlington Free Press, October 23, 2005

Leaders of Burlington employee unions have responded strongly to the city's "gloom and doom" forecast for the employee pension fund and said the administration is acting in bad faith as negotiations continue on new contracts.

The presidents of the police and fire unions, the steward from the electrical workers union and labor attorney Jim Dunn said last week the pension fund is in relatively good shape by national standards and would be in better shape if the administration hadn't deliberately underfunded it.

The city believes the pension fund is too expensive to be sustainable, said Chief Administrative Officer Brendan Keleher. The city introduced a resolution at a council meeting Sept. 6 that could lead to pension reductions for city employees. The council passed the retirement resolution by a 10-2 vote with little discussion.

"I believe strongly that the benefit has to be changed," Keleher said. "The most important focus for the city is getting a control on the costs of this plan. That is the most important issue."

Dunn said present ordinance wording on retirement benefits resulted from past collective bargaining agreements. He called the resolution, which came six months into new contract negotiations with American Federation of State, County and Municipal Employees and the police union, an affront to the collective bargaining process.

Union representatives said the council invariably gets only one part of the picture when it is briefed on wage and benefit questions. They said the council decided to support possible changes to the retirement ordinance after hearing biased reports from the administration.

"The very people we sit across from in negotiations go before the council and present their gloom and doom with no chance by us for rebuttal," police union President Ray Nails said Friday. Administration discussions with the council about contract negotiations take place in closed session.

Mayor Peter Clavelle, writing to city employees about the pension fund problems in late September, acknowledged that benefits were subject to collective bargaining and promised the city would "honor the benefits earned thus far." He said he supports the council resolution that could result in the reduction of those benefits in the future.
Shortage of funds


Keleher said pension increases that resulted from contract agreements in 2000 proved to be more expensive than anticipated, given the loss in fund assets due to the 2001 stock market downturn. When investment returns are healthy, the city contributes lower amounts to the fund. In the past four years, after fund assets plunged from $120 million to $79 million, the city's contributions more than quadrupled, from $559,000 in 2000 to about $2.7 million this year. The tax rate for retirement, including the city's contributions to Social Security, jumped from 8 cents to 18 cents last year and, using pre-reappraisal numbers, to nearly 21 cents this year.

Keleher said the Retirement Board, on which he sits as an ex-officio member, "has failed to take a responsible position with regards to the benefit costs of this plan."

When the administration introduced the resolution to change the retirement ordinance, Nails said, the unions learned about it only on the day it was presented, and not from the administration.

Dunn, who represents the police, fire and electrical workers' unions, called the move an "end-around of the collective bargaining process," a view seconded by councilors Phil Fiermonte and Tim Ashe, Progressives from Ward 3.

"It's my fear it's a back-door way to cut benefits," Fiermonte said. "I'm suspicious."

Nails said he rushed to the council meeting Sept. 6 and tried in the three minutes allowed him to persuade councilors not to believe administration "misinformation" when they voted on the retirement-ordinance resolution. He was not successful, he said.

Nails called it troubling that Keleher "not only sits here and advises you" but also "negotiates against the city unions, sits on the Retirement Board and the Board of Finance." That "makes me think that you, the people's representatives, are only getting the half-truth about how the fund got into this position," he said. "It's painfully obvious when you read this resolution."

The union leaders also said the Retirement Board and the unions learned only this summer that the city, struggling to balance its budget, had underfunded the pension fund for the past two years by $4.6 million. That underfunding worsened the overall fund shortfall.

"We've been at the bargaining table for more than six months with the city telling us how dramatic the problems are with the retirement system," Dunn said. "To learn that the problem has been exacerbated by a significant underfunding of the city's responsibility hasn't set well with the employees."
Underfunding revelation


The underfunding itself has become an issue. The eight-person Retirement Board -- four city employees, three council appointees and the city treasurer -- is the trustee of the pension fund and manages its investments. Its chairman, Jim Strouse, a banker, said no one from the city told the board of the underfunding.

"Frankly, I don't think the fact of the underfunding was apparent to us until fairly recently, within the last couple of months," Strouse said.

Nails said the fact would still be unknown if police Cpl. Tim Green, a member of the board, hadn't checked the operative city ordinance and learned that the city is required to pay into the fund each year at a level recommended by the board's independent actuary.

After Green's discovery, the Retirement Board, with only city treasurer Brendan Keleher dissenting, wrote the mayor and the City Council requesting that the $4.6 million, plus the 8 percent interest the actuary estimated the money would have earned if invested, be paid into the fund. Keleher disputes the amount of the underfunding.

In the meantime, the city asked City Attorney Joe McNeil, who also provides counsel to the Retirement Board, to scrutinize the ordinance and give his opinion on whether the funding level suggested by the actuary is mandatory for the city.

McNeil has been working on that opinion since August and said Friday he plans to complete it by early this week.

Keleher acknowledged the city substituted its own, lower dollar contribution to the pension fund for the actuarial amount without asking McNeil whether that was legal under the ordinance, and councilors said they weren't aware of the legal questions.

"I think what we were told is that there were conflicting opinions about what adequate funding was," said Russ Ellis, a Ward 4 Democrat who served on the council until March. "It certainly would have made a difference to us in our deliberations if the ordinance had been presented to us clearly."

"I don't know there was a violation," said Andy Montroll, D-Ward 6. "If there was, it was never explained to us."

Council President Ian Carleton, D-Ward 1, who sits on the Finance Board and has been supportive of the administration's position on the pension fund, said the need is to "set up the fund so it can reach full funding in the not-too-distant future and remain that way over time."

Carleton said the issue is "serious enough that we need to commit ourselves to finding a solution now, rather than 10 years from now."

 

Police vote ends long contract dispute with Westbrook

From the Portland Press Herald, October 20, 2005 (ME)

 

The Westbrook police union voted to accept a contract proposal from the city Wednesday, ending a dispute that has dragged on for more than three years.

 

Police have been working without a contract since July 2002. Negotiations stalled primarily over wages, health insurance and retirement.

 

The agreement still needs approval from the City Council. Mayor Bruce Chuluda has called for a special meeting Monday.

 

The two three-year contracts, one for July 2002-June 2005 and another for July 2005-June 2008, follow the recommendations of a fact-finding panel of the Maine Labor Relations Board, according to union leaders.

 

"We're glad it's behind us and don't have to worry about it again until 2008," said John Desjardins, a detective and president of the Westbrook Police Association.

 

Union members gave up their demand for a provision that would allow them to retire after 20 years and agreed that all members, rather than only those hired after 1999, should contribute to health insurance premiums, according to Sean Lally, a detective and member of the union negotiating team. Some officers do not pay for health insurance now.

 

The agreement would put all officers on the same state plan that allows retirement after 25 years.

 

"We decided it was best to get everybody on the same page and get it over with," Lally said. "It's gone on far too long."

 

The pay of Westbrook officers would go from being among the lowest in Cumberland County to the "high average" range, Desjardins said.

Both sides praised the work of the fact-finding board, which issued its report last month.

 

"It's been the result of certainly a lot of compromise and negotiation and input from the fact-finding board," Chuluda said.

 

 

Sheriff's union seeks pay hike
From the Times Herald-Record October 25, 2005
      
Kingston – Ulster County (NY) has money to spare for salary and benefit hikes, a lawyer for the sheriff's officer's union said yesterday.

But county officials pointed to the crimp in county finances that has led to a proposed 49 percent hike in county property taxes. They said fulfilling the demands of the 71 officers in the Ulster County sheriff's Police Benevolent Association would cost nearly $1.7 million more in the just the first year. It would also open to door to unforeseen costs for higher retiree health benefits down the road.

About a dozen union members sat in the county Legislature chambers to watch the three-hour arbitration hearing. A three-member panel of arbitration judges heard the case, but are not expected to issue their findings in the case before the end of the year.

The union has been without a contract since the previous pact expired at the end of 2002.

John Grant, the Albany lawyer for the PBA, told the panel of judges that the union is seeking a 3 percent raise for 2003 and 2004, the period under contention in the hearing.

Deputies also want officers to be able to retire after 20 years instead of 25 and receive 100 percent county health coverage upon retirement.

Kevin Decker, an economist for the PBA, said that Ulster pays out less than many comparable counties for its sheriff's officers. Overall, the county brings in more sales tax and has lower property taxes than many other counties, Decker said.

He pointed to the recent contract settlement with correction officers. "If they want to, the county can provide a pay raise," he said; the money is in the fund balance.

But Elayne Gold, lawyer for the county, said the additional health insurance benefit alone would cost $1.65 million in the first year.

"You are out of options," said County Administrator Art Smith.

 

 

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