The POLICEPAY Journal®

Thursday, December 21, 2006

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Matt Barnard, Editor   matt@policepay.net    (405) 701-8616  

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INDIANAPOLIS, IN

City pulls police raise off table

SAN DIEGO, CA

Police Pay Falls Well Below Norm, Study Finds

CORPUS CHRISTI, TX

Council: Give cops salary increase

SANTA BARBARA, CA

Breakthrough in Santa Barbara City-Police Negotiations

TEMPE, AZ

Tempe hikes police pay to best in state

NORWALK, CT

Police reject contract containing 15% pay raise

EDITORIAL

THE DONNING AND DOFFING JACKPOT

POLICEPAY.NET

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                                             BACK ISSUES OF THE JOURNAL

 

City pulls police raise off table

From the Indianapolis Star, December 18, 2006

 

The city's police union is furious with Mayor Bart Peterson for taking back his offer to give officers a retroactive pay raise for 2006 and instead spending the money on fixes for the criminal justice system.

Fraternal Order of Police president Aaron Sullivan said about 25 off-duty officers would protest tonight outside the RCA Dome before the Monday Night Football game between Indianapolis and Cincinnati, according to WTHR (Channel 13), The Star’s newsgathering partner.

 

City attorneys informed the negotiating team for FOP Lodge 86 late last week that there was no money left in the budget. The Indianapolis Police Department officers have been working under the terms of the 2005 contract with the expectation that a

2006 contract agreement would include retroactive pay raises.

 

In July, the union rejected Peterson's offer of a 5 percent pay raise and retroactive pay by a narrow margin of members voting. Since then, the two sides have been negotiating sporadically with a mediator as the union sought changes for longevity pay. A union press release said the city never mentioned a deadline for acceptance or retracting its original offer.

 

The IPD and Marion County Sheriff's Department will merge on Jan. 1 and the sheriff's deputies have a contract that already included 2006 pay raises. City officials budgeted for pay parity for next year, when officers from the two departments begin working side by side.

 

City Controller Bob Clifford said the cost of parity and the cost of retroactive pay are the same -- about $4.3 million for one year. He said the city indicated in September that it spent down all reserves to fund the 2007 budget, including $7.3 million for more jail beds, prosecutors, public defenders and courts.

 

"They turned our offer down," said Deputy Mayor Steve Campbell. "Retroactive pay is off the table now. It was never part of the (2007) budget."

 

 

Police Pay Falls Well Below Norm, Study Finds

From the Voice, December 21, 2006

 

San Diego police officers' take-home pay falls well below those of their colleagues at other local and regional departments, according to a study to be released Thursday.

The survey, commissioned as the city struggles to attract and retain its force, confirms a long-held belief around City Hall: that the city pays its officers below the going rate at other departments. While it found that officers have more choices when it comes to health care than their colleagues, they pay more in premiums and contribute more to their pensions than any other department, hitting those officers with families especially hard.

Those factors pull the officer's take-home pay -- a measure of both salary and benefits -- near the bottom of 19 other forces in and around San Diego County.

The study found that police recruits in San Diego rank at the absolute bottom -- the zero percentile -- in take-home pay. Police officer II positions and sergeants, the bulk of the budgeted force, also rank near the bottom, falling in the 6th percentile.

 

Lieutenants fare the best of any position at the San Diego Police Department, landing well below the median at the 17th percentile.

"While some of San Diego's salary and benefits are on par with other agencies, the cost of healthcare, particularly to those providing family coverage, in conjunction with employee pension contributions results in San Diego employees' take home pay falling in the bottom quartile of the survey group," the report states.

However, it noted that single employees actually profit from the benefit structure.

The study, a copy of which was obtained by voiceofsandiego.org, was commissioned by the Mayor's Office in the face of growing concern regarding the flight of police officers from the department. The bulk of the city's departures have come from retirements, an experience similar to other law enforcement agencies.

The city's stresses have been aggravated by its financial crisis, something that has left officials unwilling to give police pay raises for two years. A national recruiting shortage has also been brought on by a lack of interest by a new generation and the strains of military service.

The Mayor's Office refused to comment Wednesday evening. Spokesman Fred Sainz said the office had made an exclusive agreement with the television station KGTV and wouldn't be commenting to anyone else until the report's formal release Thursday.

The San Diego Police Officers Association has clashed with Mayor Jerry Sanders, a former police chief, since he took office a year ago, and the cops union has been tied the city and its officials into various lawsuits over the past 18 months. However, with labor negotiations set to begin anew, Sanders is expected to appear with union officials Thursday at the press conference.

 

The union failed to come to a labor agreement with Sanders this year and former Mayor Dick Murphy in 2005, allowing the city to impose contracts upon its members. Officers last received a 3 percent raise in December 2004 under contracts finalized in early 2003.

Among the report's findings:

  A police recruit who is single with no dependants earns a maximum of $40,810 a year in take-home pay. That sum is the lowest amount of all the agencies surveyed. The median amount in this category was $47,752.

  A senior police officer below the rank of sergeant (only one in six cops are above the sergeant pay grade) with a family earns a maximum of $56,152 a year in take-home pay. That sum ranks among the 6th percentile of the agencies surveyed. The median amount in this category was $64,973.

  A police sergeant with a family earns a maximum of $69,308 a year in take-home pay. That sum ranks among the 6th percentile of the agencies surveyed. The median amount in this category was $83,060.

  Officers' defined-benefit pension plan is in line with other agencies in benefits. However, officers contribute at a higher rate -- 13.12 percent of their salary -- than any other department surveyed by consultants. The city, through the labor negotiation process, has agreed to "pick up" 4.1 percent of that, leaving officers paying a total of 9.02 percent.

The next-highest contribution rates were Los Angeles at 9 percent; Fresno at 8 percent; and Phoenix at 7.65 percent. Many agencies don't make their officers contribute to retirement plan at all.

 

"It paints the picture of what most people expected," said Bill Maheu, the executive assistant chief of police operations, of the report.

Cities such as Chula Vista have been especially successful at luring away San Diego's police officers by offering better pay and better benefits. The department says it typically loses between 15 and 22 officers a year to other departments; it reported losing more than 60 last fiscal year. On one day in May, the department reported losing 10 officers to the Riverside County Sheriff's Department alone.

"When you look at other cities -- when it comes down to other places that pay for retirement, that pay for take family medical -- they'll leave. The chief's said that, I've said that, the officers have said that," Maheu said.

Sanders released a five-year financial plan last month that didn't factor in pay increases for police officers. The mayor plans on eliminating nearly 1,000 positions in the coming years to cope with a budget gap expected to grow to more than $100 million in two years.

He believes he can trim next year's forecasted budget gap from $87 million to $25 million by eliminating 446 positions that are all presently vacant and 100 management positions. Sanders still hasn't formulated a way to close the final $25 million gap, but said that, if the city gets its fiscal house in order, it can provide pay increases to its police officers.

Jeff Jordon, a Western Division patrol officer who sits on the police union's board, said the study is a "first step, a small first step, of where we need to go." Stemming the flight of officers will not happen without pay hikes, he said.

"There are literally hundred of officers hedging their bets that there will be pay raises this year," Jordon said. "Guys who have applications in elsewhere are poised to jump ship if something's not done to move us to a comparable pay scale."

The report compared San Diego's pay and benefits to those at departments in Carlsbad, Chula Vista, El Cajon, Escondido, National City, Oceanside, San Diego County Sheriff's Department, Anaheim, Fresno, Long Beach, Los Angeles, Murrieta, city of Riverside, Sacramento, Santa Ana, Riverside County, San Bernardino County and Phoenix.

The following municipalities didn't respond to inquires from the consultants at Buck Consultants, LLC: Las Vegas, Oakland, San Jose, Los Angeles County and Orange County.

 

Council: Give cops salary increase

Police Association proposes hike to meet state's average

From the Caller-Times, December 20, 2006


The Corpus Christi City Council on Tuesday directed city officials to negotiate a pay raise for police officers based on the statewide average for police salaries, as requested by the Corpus Christi Police Officers Association.

 

Police officers' pay in Corpus Christi, averaged over a 30-year career, is 2.93 percent below the state average for cities with populations of 100,000 or more, according to a study by PolicePay.Net Inc., the group leading contract negotiations for the association.

 

The base pay for a 30-year veteran in the Corpus Christi Police Department is $53,851 compared with $65,093 in Austin, which is the highest 30-year average in the state, according to the study.

 

The council action came following an executive session hours after association president Domingo Ibarra spoke before council members for the second consecutive meeting, pushing for the council's help resolving a contract negotiation impasse.

 

After the council's announcement, association leaders and city negotiators agreed on some terms, Ibarra said. Both sides agreed on a 3 percent raise in the contract's first year and some form of average, or index tied to average statewide police salaries, system to determine a pay raise beginning the contract's third year, he said.

 

The association wants salary increases of 3 percent for the new contract's first year retroactive to July, then a 4 percent raise in the second year and a 5 percent raise in the third year, Ibarra said. In the proposed contract's fourth year, the association is asking for officers' pay to be linked to a scale based on the state average for police officer's salary.

 

An index system beginning in the contract's third year also would be acceptable, Ibarra said.

 

"It sounds like we're a lot closer to working out our differences," Ibarra said. "We're willing to go back to the table next week and listen to the city's proposition."

 

Police officers have been without a contract since July and have been negotiating a new contract for 10 months. The only sticking point is the amount of the association's pay raise, officials from both sides said.

 

"The council feels like this has gone on long enough and we want to put the contract to bed," said Mayor Henry Garrett. "We hope to get this resolved real quick."

 

Setting salary according to an index system is a new concept for most on the council, but council members decided including the feature into a new contract is a positive mood, Garrett said.

 

Association members were considering putting the issue before voters because no progress had been made determining officer salary increases, Ibarra said before the meeting.

 

About 30 officers attended the meeting, and most left after Ibarra spoke in the opening minutes.

 

The Corpus Christi Firefighters Association and the city reached a tentative contract agreement during the weekend in that group's extended contract negotiations with the city. Fire association president Carlos Torres said Monday association members could approve the contract by the first week in January.

 

The associations for the firefighters and police are able to negotiate as a group with the city during contract negotiations because Corpus Christi voters approved collective bargaining in the 1970s. When a contract expires for both groups, firefighters or officers operate under the terms of the most-recent contract.

 

Breakthrough in Santa Barbara City-Police Negotiations

Details will not be released until Thursday

From KSBY, December 18, 2006

 

After more than 9 months of negotiations, the City of Santa Barbara and its police officers have reached a tentative contract agreement.

 

After rejecting the city's last best and final offer four times, city negotiators have come up with a new contract that top union officials say could seal the deal.

 

The city had offered its police officers an unprecedented pay hike of 24% over three years -- a deal that would pay the average cop over $100,000.

 

But, according to the union, it wasn't enough to stop officers from leaving the department for jobs in Ventura County where the pay is higher and the drive to work is shorter.

 

But this afternoon there was a breakthrough. Both sides announced they have reached an agreement.

 

"There has been a lot of work on both sides," says Mike McGrew with the Santa Barbara Police Department. "This is a large contract. This is something that will hopefully fix the issue that we have had at the Police Department. It took a lot of work to get here."

 

Details will not be released until Thursday. That's when the rank file officers vote on whether or not to accept the contract. If they do, in January the City Council is expected to approve it.

 

Now, the city had offered a 24% raise. Police officers wanted a 26% hike. While we don't know the terms of the contract yet, both sides say it was a compromise.

The Santa Barbara Police Officers Association will vote on the contract Thursday night.

 

Tempe hikes police pay to best in state

From The Arizona Republic, December 16, 2006


Tempe's police force is now the best paid in the state.

The unanimous City Council decision was Tempe's way of upping the ante to get police officers.


"It's a recruitment war out there," City Manager Will Manley said.

The move, made Thursday night, puts the Tempe Police Department's sworn non-upper-management positions on a step system that guarantees set annual pay raises. It guarantees that new officers will make $48,925, and by their fifth year, make $62,442. A sergeant would start at $72,663.

That puts Tempe police salaries almost $2,600 above Scottsdale, which had paid the highest starting salary in the Valley, and almost $800 more than Mesa, which offers the next-highest starting sergeant salary, according to Tempe staff.

"Police are effectively in demand nationwide, and in high demand in the Southwest and in desperate demand in the Valley," said Bryan Hall, president of the 275-member Tempe Officers Association, the union for the city's officers and sergeants. "What we're looking for is certified police officers with in-state or out-of-state lateral experience that can come to Tempe and to make Tempe the safest city in the Valley."

The increases will take effect in January, Manley said.

The city is using general fund money.

It will cost Tempe taxpayers $1 million for the increases for this fiscal year, which ends in July, and about $2.1 millionfor the next fiscal year.

 

Police reject contract containing 15% pay raise

From the Stamford Advocate, December 21, 2006


NORWALK - For the second time in a month, police voted down a proposed contract that would have increased their pay by 15 percent over the next four years.

The apparent sticking point is a condition requiring officers to contribute 1 percent of their salary beginning in 2008 to a retiree medical trust fund to help defray health-care costs for retired officers.

Officers voted down the contract by a 90-73 vote after last month's 73-72 rejection, but it was unclear whether negotiations have broken down.

"It is a little early to say that the contract as a whole has reached an impasse and whether they are going to binding arbitration," city personnel administrator John Schlosser said.

If both sides declare that contract talks have broken down, it would go to binding arbitration with a state-approved arbitrator, Schlosser said.

Mayor Richard Moccia said it appeared arbitration was likely.

Moccia said he wanted to meet with police union representatives but did not believe the city had anything left to offer.

"It was a fair package. There was some give and take on both sides. I am disappointed. I am also responsible to the taxpayers of this city. I don't see that there is more we can do," Moccia said. "Some people in the department have to understand that this is a different era, and post-retirement benefits and health-care costs are escalating."

Moccia said the city must build a long-term trust fund for retiree health care.

Questions about how the money would be spent and who would be in charge of the funds may have been the deciding factor in the contract's defeat, sources in the police department said yesterday.

If the contract had been ratified, the police union would have been the first in the city to agree to contribute to such a trust fund, Schlosser said. The city is trying to add that contribution to other contracts in negotiation, he said.

Union President Marc Lepore was disappointed with the vote and said it shows a division in the ranks.

"The membership is basically divided over whether or not it was a fair contract," Lepore said.

Lepore said yesterday's rejection came as a result of a faction within the police department, led by a nominee for union president who said he could get a better contract offer. He did not name the nominee.

"And I hope he does it," Lepore said.

Police union presidential nominee and 25-year department veteran William Curwen, who said he did not lead a charge against the contract, said he believes the union can negotiate a better deal.

Curwen, a three-term police union president from 1994 to 2000, said the union membership didn't like the draft contract.

"I think both votes that were taken clearly shows that the membership were indecisive in the proposed contract that came forward," Curwen said. "They weren't happy with what was brought back."

But Lepore said the faction against the contract "distributed misleading and erroneous information to the members that we unfortunately were not able to correct and clarify."

As well as a 15 percent salary increase, the contract would have allowed officers to accumulate 200 reimbursable sick days, up from 175, and given an additional 1 percent salary increase to officers working the midnight and 3 p.m. shifts, said police sources, who asked that their names remain confidential because of an agreement with the city that bars discussion of contract details.

The contract also changed the Deferred Retirement Option Plan, better known as DROP, by reducing pension payments by 10 percent while officers are on the plan, which in most cases lasts one to five years. DROP allows police officers 48 or older with at least 20 years' experience to accrue pension payments in a tax-free account while they continue to work and collect their regular salaries.

The contract also would spread out a lump-sum termination payment of accrued sick days, vacation days and other benefits given to DROP participants when they begin collecting pensions. Those benefits would be paid to participants over their individual plans.

Curwen, who signed up for DROP in November, said everything he sent to the membership had his name on it and was backed by facts and figures.

He also said his status as a DROP participant is not related to his opposition to the contract.

"Although there were differing views on the contract that was brought forward, I think every union member has the right to their opinions in any contract negotiations," Curwen said.

 

 

THE DONNING AND DOFFING JACKPOT

The New Gold Mine 

By Ronald J. York, President of POLICEPAY.NET, Inc.

 

Donning and doffing is the hottest topic on the police beat today. For those of you who have been barricaded in a log cabin in remote Montana let me explain.  Donning refers to the time it takes a police officer to put on his uniform and equipment.  Doffing is the time required to remove the same uniform and equipment.  According to “brilliant legal minds” a police officer officially punches the time clock the moment he begins to “don” his uniform and equipment and does not officially clock out until he completely “doffs” his uniform and equipment.

 

So what’s the point you ask?  Well, according to “brilliant legal minds” this extends the time that a police officer must be compensated and if this new extended day is greater than eight hours overtime must even be paid.  On what authority do “brilliant legal minds” base their claim for this new found manna?  The Fair Labor Standards Act (FLSA).  Oh, it’s been changed you ask?  No, nothing has changed, except that “brilliant legal minds” have found this unenumerated and unarticulated concept hidden deep within the law.  They are slow learners.  It took sixty years to find it, but they found it.  And, “no”, FLSA is not a book in the Old Testament.  Some lawyers just think it is.

 

So far, all I have discussed is Donning and Doffing Lite.  The full body lager reads like this – if you put on and take off your uniform at home, your commute time is on the clock also.  Holy Cow!  If you live in Rancho Cucamonga and work in Newport Beach you have just won the lottery.  You will make as much commuting as you do working. 

You can sue for back wages too.  How sweet it is.  Before you rush off to buy a million dollar summer home in Santa Fe, I had better explain the limitations.  There is a two year statute of limitations, unless the employer willfully violated the FLSA law.  In that case there is a three year statute.  Oh, it was willful, definitely willful.

 

Okay, how do I collect the money my employer has unlawfully cheated me out of?  I have good news, it is easy.  First, you call this toll-free number 1 (800) THE-PIMP.  You answer a few simple questions.  A form is mailed to you.  You sign and return the form.  The postage is pre-paid both ways.  You then just sit back in your easy chair and sip on a cool Budweiser and wait for the check to come in the mail.  It is painless and it can actually be fun.  In a few weeks you will probably see your mayor on television ranting and raving about the large number of donning and doffing lawsuits.  Just keep sipping on a cool one and waiting for the check.

 

What a country!  Where else can you stick it to the boss and win the lottery at the same time?  This donning and doffing stuff is going to be really big.  I have even found a stock market play that can increase your “winnings” – buy stock in Vaseline.  Maybe I should call that into Jim Cramer on Mad Money.

 

Before you pick up the phone to dial the toll free number, I would like to present something for your consideration.  Although the check you might receive looks like manna from Heaven, it is not.  It is actually “fools gold.”  What do you think happens six months later when contract negotiations begin?  Do you think that the mayor will compartmentalize the issues and forget about your lawsuit?  If he can, he is better man than me.  Remember that jar of Vaseline?  Well, the mayor stopped at Walgreens on his way to negotiations to purchase a jar of Vaseline for his use. If you cannot figure out what happens next, read The Merchant of Venice.  You can get a CD version and listen to it while you commute to Newport Beach.

 

Every dollar you might collect from a donning and doffing lawsuit will come directly out of your pay matrix, along with loan shark rate interest.  People do not just idly sit by and let other people run over them.  They retaliate.  Employment is a long-term relationship.  To maximize the benefits of a relationship you must cultivate it, not sabotage it.  The people who are pushing these lawsuits make their money from hostilities – hostilities that come back to bite you in the butt.

 

What should you do?  Rewrite your contract to make the dressing and undressing period within the normal work day that you agreed to when you were hired.  As for the guy in Rancho Cucamonga, he can get dressed at the station.  Here is the problem.  Too many of you are keeping score.  Every time you sue and win with the city you see a touchdown for your side.  If you give the mayor indigestion you get a field goal. 

 

Forget about putting points on the board.  Concentrate on the total compensation package.  If lawsuits were the secret to success the underpaid large cities in the East would be making the big bucks – they are not.  Learn to lobby and politic and your agency can become among the best paid.  Oh, it’s hard work, certainly much more than calling the toll-free number.

 

Probably, the thing that bothers me the most about this donning and doffing assault is how people who are frustrated by other people using legal technicalities to avoid the intent of a law now find themselves using the same methods when it is perceived to benefit them.  When this issue is fully milked the toll free number will not go silent. 

 

Some new convoluted concept will replace it.  Think about it.  I believe in your heart you know what to do.

 

 

CONTRACT NEGOTIATIONS

 

POLICEPAY provides complete contract negotiations for your bargaining unit.  We will:

 

  • Do all of the research work – wage survey, costing analysis, financial ability-to-pay
  • Train your executive board how to lobby and politic (at your place)
  • Meet with the key decision makers in your city – Chief, Mayor, Administrator
  • Provide all preparation for contract negotiations
  • Serve as your lead negotiator

 

Our fee will be a fixed amount that is agreed to up front.  The fee will include all costs, even travel and hotels.  There will be no surprises.  We offer options with no up front payment.  You can make equal monthly payments.  If your contract is 36 months, you will make 36 monthly payments.

 

During the term of the contract, we will:

 

  • Update your wage survey whenever there is a change
  • Update ability-to-pay reports annually
  • Provide monthly reports on major revenue (if data is available)
  • Meet with you annually to review strategies

 

If we are not able to reach an agreement with your city, we will provide arbitration services at no additional cost.  We intend to get an agreement.

 

Our approach to contract negotiations is different than what you are probably used to.  We engage in non-confrontational negotiations that rely on developing relationships.  However, we do not use so called “win-win” negotiation.  It’s a loser for you.  There will be no unfair labor practice complaints filed by us or lawsuits and grievances.  If that is what you are wanting you need to call the usual knucklehead lawyers that have been screwing up police negotiations for years.  Intimidation and blustering are not in our arsenal.

 

If you prefer to negotiate yourself we can provide any of the services listed above, with the same payment plans, only at lower rate.  If this is the way you want to go, you need to attend one of our negotiation seminars.  The upcoming seminars are listed on our website.

 

For more information, give us a call at (405) 234-2235, or contact Matt Barnard on his cell phone at (405) 413-6517. You may also email Matt at matt@policepay.net.

 

 

POLICEPAY.NET

 

Your Ultimate Solution For Contract Negotiations

 

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