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Thursday December 30, 2004

  Matt Barnard, Editor                                                                            (405) 234-2235 

  matt@policepay.net                                                                                 www.policepay.net     

                      

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New rules give more police, firefighters pay for overtime

PA State Police Commissioner Praises Arbitration Panel Decision

Chandler, AZ workers will have representation

Allentown Court rejects appeal of police pact

Seattle Police make concessions, give OK to new contract

Fort Wayne Police contract with city hits snag

Louisiana $423 million shortfall in police retirement

For Delaware county police officers, pay is an issue

Look At The Last Issue (12/23/04)

 

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Allentown Court rejects appeal of police pact
City Council: Members need time to examine ruling, consider options.

From
The Morning Call, December 29, 2004

A Lehigh County Court judge has thrown out Allentown City Council's appeal of a state arbitration panel's police contract award that many city elected officials fear will lead to uncontrollable expense.

But Judge Thomas A. Wallitsch ruled that council had no standing in the contract negotiations between the administration and the police union which yielded most of the terms of the contract award.

Among the terms that council members found most alarming were a minimum staffing level of 219 officers, along with a no-layoff clause; cost-of-living increases for the life of the four-year agreement; and generous early retirement incentives.

The six council members who filed the lawsuit, all excluding Council President David M. Howells Sr., have until Jan. 21 to appeal to Commonwealth Court. Wallitsch issued the order to dismiss the lawsuit last Wednesday, but council did not receive a copy of the ruling until Tuesday.

Councilman Martin Velazquez said council needs to take some time to read the ruling and consider its options. Efforts to reach Raymond G. Bush, the Bethlehem attorney who represents council, were unsuccessful.

''I truly, truly hope that City Council chooses not to appeal it,'' said Kevin Smith, president of Queen City Lodge 10 of the Fraternal Order of Police. ''I don't think they're going to win it. I think that they've spent enough money frivolously with this.''

Administration spokeswoman Audrey Cashman said that Mayor Roy C. Afflerbach also is hopeful that council will not appeal.

Most recently, the mayor informed council that he could recall up to 15 uniformed city employees if it ratifies the contracts the administration negotiated this year with the FOP and the firefighters union.

Afflerbach has yet to enact layoffs, but threatens to furlough as many as 44 city employees as a result of council's decision to cut his proposed 2005 spending plan by $3.2 million.

Smith and John Stribula, president of Local 302 of the International Association of Fire Fighters, said they expect the final decisions on layoffs in their departments before the end of the week. Smith said he anticipates between six and eight police layoffs. Stribula is anticipating seven firefighter layoffs.

Stribula spent three hours Tuesday discussing layoff alternatives with administration representatives. The union is proposing voluntary 10-week rotating layoffs for its more senior members. In the proposal, those voluntarily laid off would continue to receive health insurance and unemployment, and the city would achieve savings by paying less salary.

The early retirement incentives for police could help the city achieve up to $600,000 in savings in 2005, according to an actuarial estimate. However, the city's payment into police pension plans could begin to increase by 50 percent or $1.4 million in 2006 as a result of the contract's terms.

For council, the administration's negotiated contract with police represented the end of its trust in Afflerbach. Since council rejected the contract proposal in June, the mayor's relationship with council has spiralled downward.

Council demanded a place at the table when the contract dispute went to arbitration, but was largely ignored. Arbitrators kept the basic contract terms intact, except that it extended the agreement from three years to four.

In addition to annual cost-of-living increases, officers would receive 3 percent salary raises in 2006, 2007 and 2008. The contract also calls on the city to increase its share of pension fund contributions from 92 percent to 95 percent.

 

 

Unions to test new voice

Chandler workers will have representation

From The Arizona Republic, December 24, 2004 

 

For the first time in city history, Chandler police officers, firefighters and trade laborers will have unions negotiating for them in budget talks with municipal managers.

Hundreds of city employees have been union members for decades, and the labor organizations have supported workers in personnel hearings. But before this year, the Chandler charter prohibited the city from recognizing unions as collective bargaining groups.

The unions have until Jan. 5 to submit proposals that could include changes in salaries, benefits and working conditions, Human Resources Director Debbie Stapleton said.


"It gives us a voice, but we're going to be team players," said Scott Wall, president of the Chandler chapter of United Phoenix Firefighters. He and Fire Chief Jim Roxburgh said the first talks will likely focus on employee benefits and health insurance for retirees.

"We will try to look at it in ways that won't cause a financial burden," Wall said.

In May, voters approved a charter change to allow representation that recognizes unions but bans strikes and binding arbitration.

While they can't strike, this new representation gives these employees the ability to negotiate with the city as a group, as opposed to as individuals. However, the City Council still has the final say and is under no obligation to meet union demands.

Phoenix, Tempe, Peoria and Surprise have similar provisions.

About one-third of the city's 1,600 workers were eligible to vote for union representation in a secret ballot election last week.

Firefighters showed the biggest support for union representation. Of 146 workers eligible, 113 voted and all said they wanted United Phoenix Firefighters to represent them. That organization also represents Phoenix, Tempe, Glendale and Peoria firefighters.

Of 223 police officers eligible to vote, 130 said they wanted Chandler Law Enforcement Association, the current police union, to represent them; three voted against union representation and 90 didn't vote.

Association President Dave LeVoy said he was hoping for a larger turnout but looks forward to presenting officers' proposals.

Although it wasn't recognized this year, the police union took an active role in the selection of Police Chief Sherry Kiyler.They are also defending former Officer Dan Lovelace, who was fired in 2001 after he shot and killed an Ahwatukee Foothills woman outside a drugstore where she was suspected of trying to pass a forged prescription.

Of 218 eligible city trades and labor employees, 120voted for representation by Service Employees International, 51 voted for no representation and the others didn't cast ballots. Those jobs include everything from parks gardeners to print shop workers. Stapleton said the city manager's office has until Feb. 5 to respond to the union proposals, after which municipal managers will hold meetings with the union representatives to discuss details and possible compromise before the 2005-2006 budget is submitted to the City Council

 

 

 

PA State Police Commissioner Praises Arbitration Panel Decision
Col. Miller Cites Fair Compensation for Troopers, Strengthening of Disciplinary System

Thursday December 23

 

HARRISBURG, Pa., Dec. 23 /PRNewswire/ -- Pennsylvania State Police Commissioner Col. Jeffrey B. Miller today said the arbitration award for the Pennsylvania State Police and the Pennsylvania State Troopers Association (PSTA) "provides fair compensation for our enlisted members and at the same time ensures that the Department will maintain high standards of integrity within our ranks."

 

The arbitration award announced Tuesday provides wage increases of 3 percent in the first year, 3.5 percent in the second and third years and 4 percent in the fourth year for the department's enlisted members, who are represented by PSTA. The first-year increase is retroactive to July 1, when the Commonwealth's most recent contract with the PSTA expired.

 

Col. Miller said the award significantly strengthens the Department's disciplinary rules and processes, in part by establishing a specific list of disciplinary violations that can result in termination of employment.

 

"More importantly, arbitrators no longer will be free to reduce the penalties assigned by the Department in cases of serious misconduct," he said. "Once an arbitrator determines that a member violated the discipline standards, the member will be dismissed with no possibility of reinstatement by the arbitrator."

 

The new discipline standards will be effective for discipline arising out of conduct occurring on or after Jan. 1, 2005, according to the arbitration award.

 

"As commissioner, I have found that virtually every trooper across the Commonwealth is committed to the Department's core values of honor, service, integrity, respect, trust, courage and duty. The dedicated men and women of the Pennsylvania State Police don't want to work with individuals who are not fully committed to those same values."

 

Col. Miller thanked the members of the Department's negotiating team on disciplinary issues, headed by Lt. Col. John R. Brown, Deputy Commissioner of Professional Responsibility. He also thanked the PSTA's discipline negotiation team, headed by Cpl. Joseph E. Sarkis, and the other PSTA representatives.

 

"These individuals interacted for long hours in an attempt to ensure that the Department's discipline process is fair and just," Col. Miller said.

 

He praised members of the arbitration panel for their efforts and extended his thanks to William C. Nugent of Kroll Associates Inc. for monitoring discussions between the Department and the PSTA on disciplinary issues.

 

Gov. Edward G. Rendell last year appointed Kroll Associates as an independent monitor to oversee the Department's implementation of recommendations contained in a Pennsylvania Office of Inspector General report on disciplinary issues within State Police.

 

 

New rules give more police, firefighters pay for overtime

From The Virginian-Pilot, December 25, 2004

NORFOLK — Mid-level police and firefighters will be eligible for overtime pay under a city ordinance that went into effect Thursday, granting them a benefit they had sought for years.

 

In all, about 147 employees are affected, said Nancy Olivo, the city’s human resources director. They are police sergeants and various ranks in Norfolk Fire-Rescue: lieutenant, captain, fire-paramedic lieutenant, deputy fire marshal and assistant fire marshal.

 

Previously, they had been deemed management employees exempt from the overtime requirements outlined in the federal Fair Labor Standards Act.

They had long sought the benefit, and the city had long denied it. Several years ago, some fire department employees brought a federal lawsuit challenging the city’s position. They lost.

 

Last August, however, new federal overtime regulations went into effect, updating rules that had not changed much since 1949. The revisions strengthened overtime pay for 6.7 million American workers, according to the Department of Labor, which noted that police, firefighters and emergency medical technicians would enjoy stronger overtime protection.

 

Critics, including the Economic Policy Institute, warned that the new rules could cost millions of Americans overtime pay.

 

Workers in some other Hampton Roads cities are also seeing changes. In Chesapeake, a number of public safety and other employees who had not been able to earn overtime were able to do so after Aug. 23, when the changes went into effect, said Mary Bullock, the director of human resources.

 

Virginia Beach police and fire classifications did not change. Non supervisory police officers and firefighters get overtime, said human resources analyst Tom Cooke. So do first-line supervisors: police sergeants and fire captains.

 

In both the police and fire departments, any supervisors who outrank these first-line positions are exempt from overtime provisions, Cooke said.

 

James A. Mikell, president of Norfolk Professional Firefighters Local 68, said the new rules gave Norfolk’s city manager an opportunity to revisit the issue.

 

On Tuesday, the City Council passed an ordinance reclassifying the positions and laying the groundwork for overtime pay.

 

Olivo said she could not estimate what the overtime might cost the city.

The hours those employees worked had not been tracked in the past, she said. “Ask me in three months how much it’s costing,” she said.

 

“We’re happy,” said Michael McKenna, who heads the local police union. “We fought for this a long time.”

 

 

 

Fort Wayne Police contract with city hits snag

Health insurance errors lead to delay

From The Journal Gazette, December 22, 2004

The City Council put off for three weeks a new four-year contract for Fort Wayne police officers Tuesday after finding errors in the deal.

 

The pact calls for 3 percent raises each of the four years, some changes to retiree benefits and a discussion forum to promote communication between union representatives and police administrators.

 

The contract for members of the Patrolmen’s Benevolent Association, which represents the department’s rank and file, will carry the officers through the next mayoral election and the annexation of much of Aboite Township. The contract goes into effect Jan. 1, though it is not expected to get the council’s approval until Jan. 11.

 

The delay came after Councilman Don Schmidt, R-2nd, discovered errors in the amounts officers would pay for health insurance. Officers are supposed to pay the same as non-union city employees, but the figures did not match.

 

The delay is mostly a formality, as the Tuesday meeting was only a committee meeting to give the contract preliminary approval. Final approval could not come before Jan. 11 anyway.

 

Police Chief Rusty York said the negotiations and resulting contract went well.

 

“I thought the whole process was very constructive,” York told the council. “It was just a good-faith negotiation.”

 

The Fraternal Order of Police, which represents officers with the rank of sergeant and higher in the department, will vote on a similar contract at the end of this month.

 

PBA members voted 163-16 to approve the contract Dec. 2, union president Hollis Burton said. About half of the membership voted.

 

The contract will give officers a 3 percent pay raise and $200 extra for their annual uniform allowance, a change the union had been pushing for. Officers currently receive $1,500 a year to defray the cost of maintaining their uniforms, but that amount had not increased in several contract cycles.

 

Burton and the union asked for a total of $2,000 a year for uniforms but the administration offered $1,700.

 

Still, Burton said, he is pleased with the increase. A first-year police officer earned a base pay of $37,492 in 2004.

Officers will also see the extra money show up on their paychecks a month earlier than in previous years. They will receive uniform money in April and October – times when police normally switch between their summer and winter uniforms, Burton said.

When Burton took over as union president this fall, his main priority was improving relations between the union and administration. Relations with the mayor’s office were strained last year when the union endorsed mayoral candidate Linda Buskirk and not the incumbent Graham Richard.

 

Burton suggested a labor management committee that would meet regularly to discuss problems and issues as they arise instead of waiting every two or three years when contracts are up. The committee was added into the contract this time around.

 

The chief or the assistant chief of police, a deputy chief, the PBA president and a member of the union executive board will sit on the committee. The contract calls for the labor management committee to meet once a quarter, but Burton said he hopes it’ll meet as often as each month.

 

Next year, Burton expects the committee will tackle issues such as changing the selection process to the detective bureau. Burton said he would like to see the role of detective be a promotion in rank and make the process be more selective.

 

The committee will also explore what improvements can be made to three police outposts and how the Aboite Township annexation will change patrol districts in the city’s southwest.

 

During the last round of negotiations in 2001, both the PBA and the Fraternal Order of Police were concerned about possible changes in their insurance and insurance coverage for retirees. Retiree benefits took a high priority for the FOP again this year, president Jack Woodruff said.

 

Louisiana $423 million shortfall in police retirement
From the Advocate, December 20, 2004

A Louisiana police retirement system is now more than $423 million short of what it needs to pay the benefits of all its members.

The unfunded accrued liability for the Municipal Police Employees' Retirement System, or MPERS, swelled by $44 million this year from $379 million last year -- and more than doubled from $195 million two years ago.

That's the difference between the money in the fund and the amount needed to pay the anticipated pensions of its members.

MPERS Actuary Charles Hall -- who calculates risks, premiums and other statistics for the retirement system -- said the increase was expected.

Hall said a recent demographic study established new averages for the life expectancy, salary growth, disabilities and other characteristics of retirement-system members.

That review -- which is conducted every five years -- found, for example, that retirees and family members who also receive benefits were living longer than previously thought.

"We did expect the unfunded liability to increase for that reason and it did," Hall said. "People are living longer because of improvements in health care."

Hall said losses in the stock market also have added to the funding gap. MPERS lost $200 million over a two-year period, but has since gained it back.

MPERS manages more than $1 billion in retirement assets for 9,500 full-time police department employees throughout Louisiana.

Baton Rouge and other cities now pay 21.5 percent of their payrolls to fund the retirement system -- up from 9 percent just three years ago. MPERS trustees decided last week to drop next year's rate to 20.25 percent.

The growing gap means retirees won't get a cost-of-living increase again next year because of a state requirement that the system have 95 percent of the money needed to pay the anticipated pensions of its members. Currently, MPERS can pay less than 73 percent of the pensions.

Hall said "the gap is so large that we'll never be able to grant a cost-of-living increase" because of that requirement.

 

 

 

For Delaware county police officers, pay is an issue

From the Star Press, December 19, 2004

 

MUNCIE - Delaware County sheriff's deputies aren't paid a competitive wage, and that affects the department's ability to attract and retain officers, Sheriff George Sheridan says.

 

A Star Press survey of Indiana counties of comparable size showed that the $32,551 salary for starting road deputies in Delaware County was less than the salaries paid in Madison, Johnson and LaPorte counties but slightly more than Hendricks and Vigo counties.

 

"If you're looking at five to six counties in Indiana, Illinois and Michigan, we're about $8,000 in the hole," Sheridan said.

 

County police officer Todd Dailey is the chairman of United Auto Workers Local 321.

The union represents county police officers and some other local emergency services employees. Dailey said the union and Sheridan "are on the same page."

 

"It's gotten to the point where the sheriff's office can't attract any significant number of applicants," Dailey said. "And I'm pretty sure we've got some officers who have been here up to 10 years that are looking at going elsewhere. That would be a significant blow."

 

Dailey said he has serious concerns about what this will mean to the Delaware County Police Department.

 

"If you look at all the new subdivisions that are going into unincorporated areas, the number of persons the sheriff's office is servicing is not shrinking," he said.

 

Delaware County Council sets budgets for county departments, including pay for deputies.

 

But some council members have not recently shown much inclination to make better pay available.

 

In a special council meeting on Nov. 30, only four of seven council members showed up to hear Dailey and fellow officer David Hanauer talk about pay for "special teams" - officers with special skills who fulfill investigatory or rescue roles, like scuba diving.

The officers asked that less than $14,000 be appropriated for retroactive 2004 pay for those special teams.

 

Council members were unwilling to even make a motion to consider the pay.

"It didn't come on the floor," council member Ron Quakenbush recalled. "Nobody made a motion to approve or disapprove. It just didn't get any farther than that."

Quakenbush noted that council did approve that special teams spending in the 2005 budget.

 

Some people contacted by The Star Press wonder if the fate of the county police department is really that dire.

 

Bill Engelbrecht, a retired Ontario Systems executive, was on the Delaware County sheriff merit commission for more than 30 years. He served on the board that helped decide hiring and promotion issues for sheriffs ranging from Harry Howard in the 1960s to Steve Aul in the 1990s.

 

Engelbrecht noted that his observations were based solely on the state of the department prior to his departure from the board more than 10 years ago.

 

As for difficulty finding patrol officers, Engelbrecht said, "They could easily fill any opening they had, 10 times over. I know we didn't have a big turnover.

 

"The number of complaints was minimal. The guys were content all the time I was on the merit board."

 

Engelbrecht said that it didn't seem obvious that more patrol officers were needed.

"They seem to get the job done. If there was crime not being taken care of, you would want to increase it, but it seems under control."

 

Quakenbush said council members are sympathetic to county police officers.

"We'd like to give them more money if it was available," Quakenbush said. "But they're not the lowest paid deputies in the state.

 

"I'm not saying they don't deserve it. But we have a budget to balance."

 

 

Seattle Police make concessions, give OK to new contract

From the SEATTLE POST-INTELLIGENCER REPORTER, December 22, 2004

 

Seattle police officers approved a new contract that will require them for the first time to pay a portion of their health care coverage and work under greater public scrutiny.

 

Yesterday, the Seattle Police Officers' Guild and city officials announced that the 1,100 officers in the guild voted to approve the contract.

 

"We're happy about this," Deputy Mayor Tim Ceis said yesterday. "I don't think the guild got everything it wanted, but neither did the city."

 

Chief Gil Kerlikowske issued a brief statement, saying the contract "recognized the professionalism of our officers and the difficult and dangerous job they perform for our community."

 

Sgt. Kevin Haistings, president of the Seattle Police Officers' Guild, was guarded in his characterization of the new contract, saying officers can live with it.

 

"It's certainly not where we thought we'd be," Haistings said. "This is a labor town. People know what it's like at the table. It wasn't all fun and games."

 

The contract provides for a raise of 9.5 percent over the next four years and requires police to pay 5 percent of the monthly cost of their health insurance. Officer accountability was also a bargaining issue, and the contract now calls for creating a voluntary mediation process for citizen complaints against officers.

 

"There are some new things we think are positive for accountability," Ceis said.

The contract must still be approved by the City Council.

policing" should occupy 40 percent of a police officer's time.

"At full staffing, we could do that. We can't now," admits Lansdowne. Out on the streets, police are virtually unanimous in complaining that they lack the time and numbers to do community policing the way they would like to. Officer after officer interviewed for this project cited examples of proactive work they could be doing in neighborhoods if only their numbers permitted more time away from radio calls.

Decades ago, police often disparaged community policing as "social work." Today there is near-universal support among police for this widely successful law enforcement innovation.

What's lacking now in San Diego are the numbers of police officers needed to take full advantage of a pioneering law enforcement innovation that gave this city's police department a national and international reputation.

Sgt. Wesley Albers, a seasoned SDPD cop with 15 years on the force who is currently assigned to Southern Division, spoke words echoed by officer after officer on the subject of community policing.

"The essence of community policing is problem solving. We love the concept but you have to have the resources. When we are at minimum staffing or near minimum staffing, we can't do that," Albers says.

Exactly how many more police should be added to San Diego's force of 1,990 sworn officers can be debated. But there is consensus that many more officers are needed.

It's true, of course, that the size of the police force isn't the sole determinant of a city's crime rate. Some experts even assert that there is no provable correlation between crime rates and the numbers of police. Culture, family structure and stability, religious faith, demographics, socio-economic conditions, the quality of education, investment in public services and infrastructure, civic institutions and strong civic leadership are all key factors in the complex matrix that determines a city's crime rate.

But just as obviously, effective policing is vital to containing crime. Cops are the front line in the permanent battle against criminals. Waging that battle successfully requires a police force that is well trained and equipped, well led, guided by an effective crime-fighting strategy and large enough for the job at hand.

By any measure, San Diego's police force is stretched very thin. That salient fact coupled with the city's comparatively low crime rate is why San Diego police talk frequently of their success in "doing more with less."

Sgt. Albers says he chose to apply to the San Diego Police Department the day he graduated from college in Minnesota in 1989. Why? Because, he says, "San Diego has the best major metropolitan police department in the country."

The decade of falling crime rates here from 1992 to 2002, the near-total absence of police corruption and the internationally recognized innovation of community oriented policing would appear to vindicate that judgment.

But, as noted, there is consensus on the need for a larger police force. "We need more people," Albers says flatly.

"More police equal more public safety. Response times are less. We try for two officers per call. At minimum staffing we can't always do that. At minimum staffing, it can be 20 minutes to your closest cover unit," he adds.

"How many cops are enough?" Albers asks rhetorically. "Who knows? But we do know what happens when we don't have enough."

 

 

Officers win 3 years of pay raises

After lengthy negotiations, the police rank-and-file agree to a 4 percent increase this fiscal year; in the next two years, they will get 5.5 percent raises.

St. Petersburg Times, December 11, 2004

 

ST. PETERSBURG - Police officers have finally struck a deal with city leaders, ending a contentious salary dispute.

 

After almost a year of negotiating, nearly a dozen meetings, and many offers and counteroffers, a majority of St. Petersburg police officers agreed Friday to a three-year contract.

 

Officers will receive a 4 percent increase this fiscal year, and a 5.5 percent raise for each of the ensuing two years, council member Bill Foster said.

 

"I think all parties are glad to put this behind us," Foster said, "and now we can look toward a brighter future."

 

Patrol officers in the Police Benevolent Association voted on the contract Friday, approving it by a margin of about three to one, said Andy Houston, the city's director of internal services. Police supervisors, represented by the Fraternal Order of Police, had already approved roughly the same terms, Houston said.

 

The city council signed off on the FOP agreement on Thursday, and is scheduled to address the PBA contract during their meeting this Thursday, Foster said. He predicted it would pass with little discussion.

Union leaders could not be reached for comment Friday evening.

 

Union and city officials have been working since January to craft a three-year contract for officers. The union originally requested the largest pay raise ever - a 10 percent increase each year for three years. The city rejected that and countered with a 3.5 percent raise. The bargaining continued through November.

 

Police officers have complained that low pay was contributing to a flood of officers leaving the department for other agencies, with more than 80 leaving this year, according to union leaders. City officials said they have tried to address the problem with a variety of benefits: take-home patrol cars, interest-free home loans.

 

Currently, entry level officers in St. Petersburg earn $34,810 annually. Clearwater pays its rookies $38,014, and the Pinellas County Sheriff's Office pays $36,705.

 

This year's raise will be retroactive to October, the beginning of the fiscal year that ends in September.

Foster hopes the new agreement will help keep good officers. "This will keep us competitive," he said. "As long as we maintain a good competitive collective bargaining package, we will slow down any exodus."

 

 

 

 

 

 

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