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Thursday November 17, 2005

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WHAT TO SAY AND DO BEFORE NEGOTIATIONS &

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INDIANAPOLIS, IN

Police Merger Defeated; Peterson Takes Blame

BRIDGEPORT, CT

Council Approves Police Contract

JOLIET, IL

Joliet, Police Patrol Union May Enter Arbitration

OCALA, FL

Ocala Police Union Rejects Contract

TEXARKANA, AR

Taxpayers Sue Over Parity Pay

KOKOMO, IN

Police Union Sue Over Negotiations

RIALTO, CA

Rialto Police Department Still Around (For Now)

POLICEPAY.NET

WHAT TO SAY AND DO BEFORE NEGOTIATIONS

Look At The Last Issue (11/10/05)

 

  

Police merger defeated; Peterson takes blame

Democrat breaks ranks in 15-14 council vote against proposal.

From the Indianapolis Star, November 15, 2005

 

A lone Democrat crossed party lines late Monday to defeat a merger between city and county police forces, leaving Mayor Bart Peterson to find another way to pay for public safety with dwindling resources.

 

City-County Councilwoman Sherron Franklin, a police officer, joined 14 Republicans to defeat the proposed consolidation 15-14, handing Peterson a significant political defeat on one of his most ambitious initiatives in two terms in office.

 

Peterson had said the Indianapolis Police Department and the Marion County Sheriff's Department needed to be consolidated to continue adequate funding for public safety. He declined to say whether he would lay off 48 IPD officers as he had vowed to do if the merger failed. He took full responsibility for the failure.

 

"I didn't do enough to sell this proposal," he said. "We'll have to sit down in the morning and pick up the pieces and find what's best for public safety and how we can stretch public safety dollars as far as we can."

 

The merger would have created a single 1,500-officer department with the sheriff in charge, starting in 2007. Peterson said the merger would have saved an estimated $9 million. Without the merger, officials say enough funds will not be available for both departments, and by 2009, there would be a $40 million budget shortfall.

 

Right up until the vote, council members on both sides said they did not know how the vote would go. Council President Steve Talley said that he was "disappointed" in the result but that it was time for the council to move on to other business.

 

When the vote registered on the Assembly Room board, a crowd made up largely of police officers from IPD and the Sheriff's Department broke into applause. Ron Gibson, a Democratic council member, said he was "shocked" by the outcome because his party has a majority in the council.

 

After the vote, Franklin said: "They asked me to vote against my family. I've been a police officer for 15 years and a council member for two."

 

Franklin said she supported the concept of consolidation but did not think the sheriff should lead the merged department. Earlier, the first-term council member had unsuccessfully proposed an amendment to put the mayor in charge through his chief of police.

 

"We need a metropolitan police department with an accountability system, where it's not an elected officer in charge," Franklin said. "I made the best decision I could for my constituents based on the information I received."

 

Among the unanswered questions were whether the merger would truly save any money, what staffing levels would be and how pay and pensions would be equalized.

 

The largely partisan vote surprised few people because the issue has been riddled with political intrigue since Peterson announced his plan to consolidate government to cut costs more than a year ago. Peterson said that the defeat could hurt his chance of having other portions of his Indianapolis Works plan implemented. He plans to ask the legislature to allow him to merge area fire departments and township offices.

 

In April, the Republican-controlled General Assembly defeated most of the Indy Works plan but authorized the council to merge the city and county police departments. The council spent the past six months having a dozen public hearings on the issue, even visiting three other cities to learn about their police mergers.

 

Phil Borst, the council's Republican minority leader, said his party members took a stand against the merger because it left too many unanswered questions. Rather than vote to consolidate and then figure out a plan, Borst said the city needs to save money through immediate collaboration efforts and then work out a more thorough merger plan for the long term.

 

"This whole consolidation process has hurt public safety by taking the focus off of the spiraling crime increase and protecting the public," Borst said.

 

Borst has called the merger a Band-Aid approach that doesn't solve the problem of increasing costs and stagnant tax revenues in the city core.

 

The business community largely supported the merger to increase government efficiency, though many in the public worried that it would mean either higher taxes in the suburbs or fewer police officers in the inner city. Police officers largely balked at the idea of combining two very different departments.

 

Sheriff Frank Anderson gave the plan a major boost Friday when he reversed his earlier opposition and backed the revised merger proposal. Ironically, it was Peterson's efforts to get Anderson's support of the plan, by putting Anderson in charge, that led to its defeat.

 

Instead of leading about 400 officers that patrol the suburban townships, the elected sheriff would have taken control of the largest police organization in the state -- more than 1,500 sworn officers. Franklin said she never liked that structure because it would make police leadership directly subject to political elections.

 

"Even if people vote for a bad mayor, the police chief is there as a buffer," she said. "I know for a fact promotions are more political in the Sheriff's Department."

 

Anderson said he could rest knowing he did what he was elected to do. "I brought everybody to the table to do what's best for Marion County," he said.

 

Vince Huber, president of the police union, said he was pleased by the outcome. In a prepared statement handed out after the vote, he said: "The proposal was ineffective and lacked answers on how public safety would be maintained."

 

 

Council approves police contract

Salary increases go back to 2004

From the Connecticut Post, November 11, 2005

 

BRIDGEPORT — The City Council has approved a new contract with the city police union.

 

"When it comes to first responders, you've got to do right by them," said City Councilman Angel M. DePara Jr., D-136, who seconded the motion to approve the four-year agreement with Bridgeport Police Union Local 1159. The pact expires July 1, 2008; the union's previous contract expired June 30, 2004.

 

A vote on the contract was added to the council's Monday night agenda during the meeting.

The new contract gives retroactive salary increases of 2.5 percent for both 2004 and 2005, and 3 percent increases in both 2006 and 2007.

 

A starting officer is paid a base salary of $37,964.

 

Officer Frank Cuccaro, the union vice president, said he had expected the contract to pass the council because Mayor John M. Fabrizi and the union had already agreed on it.

 

But he appreciated the early vote.

 

"It wasn't expected until mid-December," he said. "We're glad we could put this one to bed and concentrate on the next one.

 

"We're not going to wait until the last minute on this one. We're going to reach out to the city next year to get the ball rolling."

 

The union accepted higher health-care premiums and co-payments, but language in the workers' compensation and sick leave sections was changed from a version the union had overwhelmingly rejected in September.

 

The union approved the second contract proposal by more than 2-1.

 

Fabrizi said he asked council member Richard M. Paoletto Jr., D-138, co-chairman of the council's Contracts Committee, to act on the contract because the city will gain $25,000 a month in revenues from the increased health insurance payments.

 

"It was an issue of timing," Fabrizi said. "If we didn't do it at November's meeting, the earliest we could get it done is at the last meeting in December.

 

"I wanted the city to start realizing those revenues right away." Meanwhile, the city has scheduled two negotiation dates in November with the Bridgeport Fire Fighters Association Local 834, said Firefighter Robert Whitbread, union president.

 

The firefighters' contract also expired in June 2004.

 

 

Joliet, police patrol union may enter arbitration

From the Hearld News, November 15, 2005

 

JOLIET — The city appears to be headed toward arbitration in February with the union that represents its patrol officers.

But Councilman Tom Giarrante urged city administrators to meet once again with the union before arbitration.

 

"Give them a call. Sit down. Maybe you can hammer it out," Giarrante told City Manager John Mezera on Monday.

The Fraternal Order of Police, which represents 223 patrol officers, has been negotiating with the city since its contract expired in December. A separate union represents the department's sergeants, lieutenants and captains.

 

FOP President Pat Cardwell said his union wants to close the gap between what patrol officers make and what paramedic-firefighters earn. "We want parity with the firemen," he said. "That's been our goal since we came out."

 

Cardwell said the FOP's last informal offer narrowed the gap but didn't close it completely.

 

He said the FOP's negotiating team declined to take the city's last offer back to the membership for a vote.

 

He also said that the union wants to reduce the number of years it takes to reach top of the scale to 12 from 15. And the union has suggested putting the city's residency requirement on the table for negotiation. Currently, all city employees must live in Joliet.

 

Non-binding mediation talks reached a standstill last month. The arbitrator's ruling would be binding.

 

Mezera told the council that the last communication from the union was not to bother scheduling a meeting if the city wasn't going to put more money on the table. Cardwell, however, denied that was the union's stance and insisted there was a misunderstanding.

 

  
Ocala police union rejects contract
Pension pay in dispute
From the Star Banner,
November 11, 2005

OCALA - Police union members - upset with the way the city manager wants to handle an additional 3 percent contribution to the pension fund - rejected a new contract this week in a ratification vote.

Fraternal Order of Police representatives said officers were upset with the city manager's "11th hour" decision to wipe from the agreement how the city's 3 percent additional contribution would be used. The initial agreement would have allowed the contribution to be used for enhanced benefits, such as a cost of living adjustment and other factors that could increase pension pay.

The union is now threatening to file an Unfair Labor Practice complaint with the the Public Employees Relations Commission against City Manager Paul Nugent.

"We feel like we have been stabbed in the back," said George Hachigian, senior staff representative for the police union.

Nugent said Thursday that only a police pension board made up of present and former Ocala police officers has the authority to allow the contribution to be used toward enhanced benefits - not the city.

Union representatives and city negotiators had been at the bargaining table for months trying to hammer out a deal on a new three-year contract for officers with the Ocala Police Department.

The new contract was supposed to start Oct. 1, the beginning of the new fiscal year, but negotiations had been locked over a pay dispute. The union demanded a step-pay plan that would have included yearly automatic pay raises aimed at narrowing the pay difference between officers, corporals, sergeants and lieutenants. City negotiators stood by firmly on the position that they would maintain a merit-based pay system.

A tentative agreement, however, was reached on Oct. 26 between the two parties. The deal would not have included the step-pay plan, but would have a merit-based system aimed at helping to ease the pay disparity. That agreement included an additional 3 percent contribution to a pension plan, for a total of 15.5 percent that could be used for enhanced benefits.

The agreement would have required approval by Ocala police officers during a ratification vote on Tuesday and then by the City Council.

But Nugent told the union representatives on Nov. 4 - four days before the scheduled ratification - that he would not honor the terms that would have included using the 3 percent for enhanced benefits. Officers overwhelmingly rejected the agreement Tuesday.

Nugent said he believed that many officers had the misconception that he wanted to cut out the additional 3 percent contribution altogether, which led to them not ratifying the agreement.

"I think it was a big misunderstanding," Nugent said.

Nugent said he hopes the two parties will be back at the bargaining table soon.

 

Taxpayers sue over parity pay

From the Texarkana Gazette, November 16, 2005

 

Five Texarkana, Ark., taxpayers have filed a lawsuit requesting revenue from a voter-approved sales tax increase be used for its intended purpose—to give police officers the same pay Texarkana, Texas, police officers earn.

 

“It is simply asking the ordinance that was passed be given its full effect and the city board be requested to follow that. They (city board) are behind on the parity pay right now,” said attorney Nick Patton, who is representing the five taxpayers who filed the lawsuit last week in Miller County Circuit Court.

 

“... This is a matter of getting the tax money that has been collected and is being collected into the right account ... We have a fine police department we are going to lose if we don’t keep up with the Texas side,” he said.

 

Patton said there is no specific dollar amount requested in the lawsuit on behalf of his clients Donald Duncan, Max Elrod, Joe Gillenwater, Mike Jones and Dennis Young.

 

A quarter-cent sales tax increase was approved by Texarkana, Ark., voters nearly 10 years ago to keep Arkansas-side officers’ salaries on a par with Texas-side officers, often referred to as parity pay.

 

City Attorney Ned Stewart believes city officials have abided by the almost decade-old ballot issue.

 

“I have read the complaint but it is not very specific ... Our defense will be the difference about what constitutes parity. It is the same thing the city has said. We believe we expended the funds in accordance with the way it was put on the ballot,” he said.

 

But city officials say the money isn’t there, because of waning sales revenues, and they haven’t mishandled the money.

 

However, in recent years police department officials have said the city misused the parity money that comes from a quarter-cent sales tax and there should be enough money left to fund parity pay.

 

Also at heart is the fact that police say the ordinance passed by the city stipulates the quarter cent tax is to be used only for base pay, while the city incorporates that as base pay including fringe benefits.

 

Patton said the possibility of the Texarkana, Ark., Police Officers Association filing a lawsuit seeking parity pay had not been ruled out.

 

“We have been in dicussion with the police union for some time but no final decision has been made about that. I suspect their final decision might be to wait until we see what happens with these taxpayers’ illegal exaction lawsuit,” Patton said.

 

He explained an illegal exaction lawsuit alleges tax money has been used for purposes it was not intended.

 

“The lawsuit is filed asking the vote taken several years ago about parity pay be declared in effect and the city board be required to abide by that,” Patton said.

 

He believes the taxpayers lawsuit will be decided quickly.

 

“I don’t know why this lawsuit should take any real time at all. It is a matter of interpretation ... it seems pretty clear to me, the police officers and the taxpayers, but it doesn’t appear that clear to the city board,” he said.

 

Police Chief Bob Harrison declined comment about the lawsuit when contacted.

 

Meanwhile, members of a committee established by city officials to iron out differences about parity pay are working toward a plan that includes a solid definition and an accounting formula for parity. That is to be presented at a city board meeting later this month.

 

Firefighters, Police Unions Sue Over Negotiations

From AP, November 13, 2005

 

KOKOMO, Ind. -- Unions representing Kokomo police officers and firefighters are suing in an effort to get binding arbitration on stalled contract negotiations.

 

The lawsuits ask a judge to review their request for binding arbitration, which was turned down by administration officials who said the firefighters and police officers waived their rights to arbitration during collective bargaining this summer.

 

The lawsuits were filed in Howard Circuit Court by the Fire Fighters Local 396 and the Fraternal Order of Police, the Kokomo Tribune reported. Attorney Leo Blackwell of Indianapolis, who represents both unions, confirmed Thursday that he's asking the courts to review the city's denial of arbitration.

 

Contract negotiations between the city's administration and the unions stalled over health insurance benefits. By law, police and firefighters cannot go on strike, so binding arbitration and lawsuits are their only recourse when they reach an impasse in negotiations.

The unions say early in negotiations they agreed to extend talks so the city would have more time to negotiate in good faith. City officials say the unions waived their right to arbitration.

 

The administration and the unions have been unable to agree on proposed concessions in the unions' health insurance. Administration officials want a plan that would increase the amount workers pay toward the premium.

 

City officials declined further comment on the issue to the newspaper.

 

 

Rialto Police Department Still Around (for now)

From The Associated Press, November 15, 2005

RIALTO, Calif. - The City Council's decision to disband the Police Department in favor of less expensive sheriff's protection was overturned by a judge who ruled the city should have met with the officers' union before the vote.

 

Monday's ruling by Superior Court Judge Bob N. Krug means the city must "meet and confer" with the Rialto Police Benefit Association union and vote again at a public meeting in order to transfer law enforcement services to the San Bernardino County Sheriff's Department.

 

Based on its Memorandum of Understanding, the judge said the city was required to meet with the police union prior to the council's 4-1 decision Sept. 13 to disband the Police Department. Both sides now have five days to appoint a mediator to oversee negotiations.

 

"The end result is everything we wanted," officers' union lawyer Michael Lackie said. "There's no contract ... what the city has done so far means zip."

 

Councilman Ed Scott said the Police Department's lack of professionalism, poor response times and the city's rising crime rates that prompted the vote have not changed.

 

In August, the council approved the sheriff's proposed $17 million contract, saving the city $1.2 million a year. The department has been plagued with lawsuits, complaints about poor service and an officers' union vote of no confidence in Chief Michael Meyers and Deputy Chief Arthur Burgess.

 

"I think (the ruling) just clearly delays what we need to do once again," Scott said. "I'm still in favor of bringing the sheriff in and I intend to move in that direction."

 

The department's 100-plus officers serve Rialto's nearly 100,000 residents.

 

 

 

 

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