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HomeMy WebLinkAbout1983-09-07; City Council; 7497; Meet and Confer Impasse Police Officers Assoc- CIT 3F CARLSBAD - AGEND, BILL 4B# 7%77 TITLE: MTG.~LZ~E MEET AND CONFER IFPASSE DEPT. PER DEPT.HD. CITYArPl b sk+ CITY MGR.* RECOMMENDED ACTION: 1. By motion determine to resolve the impasse by acticn of the 2. Adopt Resolution No. 7349 resolving an impasse and directing certain compensation changes for employees represented by the Carlsbad Police Officers' Association. City Council. TTEF-I EXPLANATION : City and Carlsbad Police Officers' Association representatives have been meeting and conferring since April 12, 1983 in an effort to conclude a Memorandum of Understanding for Fiscal Year 1983-1984. The last of 22 meetings was held on August 3, 1983 at which tine an impasse was apparent. Responding to the CPOA request of August 9, 1983 the City Manager under authority of Section 2.48.120 conducted a hearing on August 15, 1983. At this hearing it was determined an impasse existed and use of the State Mediation and Conciliation Service was recommended as nethod of resolving the impasse. Mediation by the state service attempted on August 24, 1983 was unsuccessful resulting in the impasse being referred to the City Council for resolution. FISCAL IP'PACT: The fiscal impact of implementing the City's last offer will be $162,000 annually. EXHIBITS: 1. CPOA letter to City Manager requesting impasse hearing, dated August 9, 1983. 2. City PPanager's memorandum to City Council stating final position of the parties and recommendation. 3. Resolution No. %3k,,LP resolving an impasse and directing certain compensation changes for employees represented by Carlsbad Police Officers' Association. .. ~I -.- IC PATRICK J. THISTLE DANIEL R. KRINSKY CHRISTOPHER L. ASHCRAFT EDWARD C. DILLON A. J. DAITCH THOMAS W. DOYLE JAMES F. WILSON DIANE C. WADE HARRY L. CILSL' RUDY 1. BAUTISTAt *WORKERS* COMPENSATION ADMINISTRATOR 1 LABOR RELATIONS REPRESENTATIVE Thistle & Krinsky ATTORNEYS AT LAW NINETEENTH FLOOR. THE CHAMBER BUILDING I10 WEST "C" STREET SAN DIEGO. CALIFORNIA 92101 6 19-23 1-4403 Xr. Frank Aleshire City Manager City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 0 PLEASE REPLY TO: EL CENTRO OFFICE 760 MAIN STREET EL CENTRO. CALIFORNIA 92243 619-353-1468 August 9, 1983 OF COUNSEL MARSHALL Y. HOCKER RE: IMPASSE BETWEEN THE CITY OF CARLSBAD AND THE CARLSBAD POLICE OFFICERS' ASSOCIATION Dear Mr. Aleshire: As you are aware, an impasse currently exists relative to nego- tiations between the Carlsbad Police Officers' Association and the City of Carlsbad. This letter is intended to serve as a formal request that you conduct a meeting with the parties pursuant to the City's Employer-Employee Relations Resolution. We request that the meeting be conducted as soon as possible. Very truly yours, THOMAS W. DOYLE Attorney for Carlsbad Police Officers' Association TWD: jb 1 2 3 4 5 6 7 €3 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 .- RESOLUTION NO. 7349 \ SBAD, CALIFORNIA, RESOLV BAD POLICE OFFICERS' WHEREAS, re Police Officers' Association h provisions of s Municipal Code salary and othe employment for fiscal year 1983-84; and WHEREAS, the City representa and the Carlsbad Police Officers' Association have been a /*' and .f / WHEREAS, because of thd failure to re ch agreement an d impasse exists and has b,een confirmed by th to the provisions of gdapter 2.48; and City Manager pursuant \ 1% WHEREAS, an att'empt on August 24, 1983 o resolve the impasse by mediation resulted in failure; and WHEREAS, the City representatives and the' Carlsbad Police Officers' Association have been unable to agre on another method to resolve the impasse, the matter is referred o the City Council; and \ WHEREAS, the City Council has determined to impasse under the authority of Section 2.48.130 Mungcipal Code: xx 1 2 3 4 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, as follows: 1. That the above recitations are true and correct. ncreases of s of Police mmunications Operator I. ases of three ice Sergeant, nd employees shall share the cost of ical, dental, and vision insurance Class Employee Only Employee + 1 Dependent 19.91 Employee + 2 Dependents 41.71 in effect. the council for adoption at the next regular1 heduled council meeting. 2. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, AP D ADOPTED at a regular meeting of the City Council he day of , 1983, by the following v AYES: NOES : ABSENT: ATTEST: \ MARY H. CASLER, Mayor 3. SEPTEMBER 1, 1983 TO : MAYOR AND CITY COUNCIL FROM: City Manager REPORT OF IMPASSE I. Introduction A. The City and the Carlsbad Police Officers' Association have been meeting and conferring in an effort to reach agreement on a Memorandum of Understanding since April 12, 1983. At the meeting of July 29, 1983 the parties appeared to be at an impasse. Another meeting was scheduled for August 3, 1983 in order to review the respective positions on the issues not yet agreed to. The result of this meeting was that the parties were at impasse. Accordingly, an impasse hearing was conducted by the City Manager on August 15, 1983 in accordance with Section 2.48.130, Carlsbad Municipal Code. Following this meeting was an agreement by the parties to submit the impasse to mediation. A representative of the California Mediation and Conciliation Service met with the representatives of the City and the Police Officers on August 24, 1983 and to no avail. The impasse was not resolved. The municipal code requires the impasse now be presented to the City Council for resolution which is scheduled for September 7, 1983 at 7:OO p.m. in the City Council Chambers. 11. Background A. parties 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. There have been a total of 22 meetings between the on the following dates: April 12, 1983 April 15, 1983 April 22, 1983 April 29, 1983 May 6, 1983 May 20, 1983 May 27, 1983 June 10, 1983 June 14, 1983 June 17, 1983 June 22, 1983 June 24, 1983 June 27, 1983 July 1, 1983 July 7, 1983 July 8, 1983 July 13, 1983 July 15, 1983 July 26, 1983 July 27, 1983 July 29, 1983 August 3, 1983 -2- I L B. The parties have reached tentative agreement and signed off on the following 27 issues. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. C. Implementation Renegotiation Retention of Benefits Authorized Agents Recognition Savings Clause Nondiscrimination Scope of Representation Management's Rights Reserved Grievance Procedure and Exhibit B Stand-by Time Pay Term of Memorandum of Understanding Basic Work Week/Work Day Court Pay Sick Leave Association Rights Overtime Pay Call-back Pay Clothing Allowance Seniority Legal Representation Peaceful Performance of City Services Kodified Duty Advance Notice Discipline of an Employee Flat Badges Retirement Benefits The parties have reached tentative agreement but not signed off on the following issues. 1. Health Insurance 2. Holidays 3. Vacations D. At the time of impasse the parties had not reached agreement on ten issues. The issues are listed below with a statement of the respective positions. (See pages 3 through 12.) 1. Compensatory Time-off 2. Shift Differential Pay 3. Educational Incentive 4. Special Assignment Pay 5. Temporary Supervisor Pay 6. Changes in Shift Assignment Schedules 7. Classifications 8. Probationary PERIOD 9. Scope 10. Wages ,-- - .+ -3- 1 QU EC 00 ULa i I i I I I I I i (J -4- -5- H E H 'A 0 k oc U-l I= I- -6- ~ 1 1 I I I ! i I I I I I -7- n w %/ PI U 3 d -8- H 81 k c/ H V, -9- P4 I v I CK LIO 0 3 - a.* E c.c 03 ucm 00 5.- 4 YO 0 -.i u umo I - 10 - :. I.^. c) C 4 C 0 C rl N - 12 .- cc 111 It 9. 0 N Eilm N w r' w 4 Q\ ri F- (? d 0 0 w 4 L( W a 0 m 4 P c: L, c 0 & I N z! 0 b ri a, 3 JJ Y 18 u c cn 3 L. 0, c c) 4 Ll a 0 c) n 3 a a ro P ri .-I P N 4 ,-4 P 0 d rl 4 N rl 4 Lo L1 0 L, La - 13 - 111. Procedure There are three methods the City Council may consider in the resolving of the impasse as determined by Section 2.48.130, Carlsbad Municipal Code. 1. Council resolution of the impasse. 2. Use of mediation or conciliation. 3. Any other procedure the parties may mutually agree to, or which the council may order. In that the parties have been unable to settle disagreements after 22 meetings on issues which were reviewed many times, the likelihood of mutual agreement or another method of impasse resolution is doubtful. Mediation has been tried and failed. Therefore, the most likely method for success remaining to resolve the impasse would be a hearing and determination by the City Council. In this procedure the City Council would hear from the city's representatives, identifying the issues in dispute. Then, the city would present its case on the issues with recommended action on each issue. Next, the Carlsbad Police Officers' Association would present their view of the issues and their recommended solution. Upon conclusion of the views of both parties the City Council will consider the information presented and announce a decision, IV. Recommendation A. It is recommended the City Council hear the dispute and act to resolve the impasse. B. It is recommended the City Council impose option B of the Wage offer previously proposed. This option provides for the following. 1. A seven percent (7%) salary increase effective September 7, 1983 for the classifications of Police Sergeant, Senior Police Officer, Police Officer, Communications/Records Supervisor, Communications Operator 11, and Communications Operator I. 2. A three percent (3%) salary increase effective January 1, 1984 for the classifications Police Sergeant, Senior Police Officer, and Police Officer. - 14 - 3. It is recommended the City Council impose the following insurance rates (medical/dental/vision) as city/employee monthly co-payment ones. Total City Employee Class Premium Pays Pays Employee Only $ 62.10 $ 55.89 $ 6.21 Employee + 1 Dependent 142.18 122.27 19.91 Employee + 2 Dependents 219.51 177.80 41.71 FA/ JNP/ j m - u,* P 0 c Coronado $31,768 - u, -m W IP 0 0 .I . . - u, Ul 0 . 0 0 0 0 0 0 0 0 0 0 San Diego County $40,421 I I Oceanside $36,350 I National City $34,725 La Mesa $33,711 .. - .... 1 .. City of Sari Diego $33,510 El Cajon $32,486 1 Escondido $31,744 - I I I I I I I I' I. I I I .I Carlsbad After Increase $34,932 -- .--..I____ ---_.-_I_- 111 I i u, W P w W W - I U nn MO .. .' '.i . -. , TOTAL' COMPENSATION COMPARISONS POLICE OFFICER $50,000 I ---$20,000 cn E cn 0 U z 0- H E 4 VI z w PI E 0 V 4 0 E 4 z 2 5 z TOTAL COMPENSATION COMPARISON COMNUNICATIONS OPERATOR 11 $30,000 ' -$20,000 $10,000 a k am um 0 cn E+ CII 0 u z 0 H I3 4 cn z w PI E 0 u I4 0 E Gl z $ 2 z TOTAL COMPENSATION COMPARISON POLICE SERGEANT I A $30,000 i t - $20,000 i - $10,000 * . --- What the City Pays for Salary and Benefits Police Officer "W1'* - A Step Salary Education Incentive Uniform Allowance Retirement Health Insurance Life Insurance Long Term Disibility TOTAL Present - +7% $17 , 925 $19,180 0 0 325 325 6,190 6,616 1,792 2,134 62 74 109 117 $26,403 $28 , 446 Police Officer "X1'* - E Step Salary Education Incentive Uniform Allowance Retirement Health Insurance Life Insurance Long Term Disability TOTAL Present - +7% $21,720 $23 , 240 650 650 325 325 7,697 8,213 1,221 1 , 467 75 89 132 142 $31,820 $34,126 + Addt'l. 3% $19,755 0 325 6 , 811 2,134 74 121 $29,220 + Addt'l. 3% $23,937 650 325 8,449 1,467 89 146 $35,063 *Real cases. What the City Pays for Salary and Benefits Police Sergeant "Y"* - E Step Salary Education Incentive Uniform Allowance Retirement Health Insurance Life Insurance Long Term Disability TOTAL +7% Present - $25 234 $27 000 1,690 1,690 325 325 9,242 9 , 841 562 671 86 100 154 165 $37,293 $39,792 Communications Operator I1 "Z"* - E Step Present +7% - Salary $16,580 $17 , 741 Uniform Allowance 325 325 Retirement 3 , 341 3,570 Health Insurance 1 , 221 1,467 Life Insurance 57 67 Long Term Disability 101 108 TOTAL $21,625 $23 , 278 + Addt'l. 3% $27 , 810 1 , 690 325 10 , 116 671 104 170 $40 , 886 *Real cases. POLICE OFFICER Salary Comparisons Using E Step Salary and Retirement Empl. Retirement City Paid City Retirement Grand Agency Base Salary % Amount % Amount Total S.D. County Oceanside National City S.D. City El Cajon La Mesa Coronado Escondido $27,948 25 , 644 25,152 26,220 24,168 24,084 23,904 22,944 (9.5%) (3.5) (5 - 0) (5.22) (9 0) (3.5) (5.0) (2.75) $2,655 898 1,258 1,369 2,175 843 1,195 631 (27.795%) $7,768 $38,371 (32.533) 8,343 34,885 (26.485) 6,662 33,072 (18.21) 4,775 32,364 (19.116) 4,620 30,963 (25.032) 6,029 30,956 (23.096) 5,521 30,620 (28.778) 6,603 30,178 Carlsbad $21,720 (6.0) $1 , 303 (27.917) $6,064 $29,087 +7% Salary 23,240 1,394 6,488 31,122 + addtl. 3% 23,937 1,436 6,682 32,055 2505 VISTA WAY (SOUTH) CARLSBAD, CALIFORNIA 92008 - (619) 729-2364 ELLIE M. WATTLES, D.V.M. RICHARD 0. WATTLES, D.V.M. September 7, 1083 The Mavor & Members of the City Council of Carlsbad 1203 Elm Ave. CRrlsb;td, CA 92008 RE: Police Officer Salaries DeRr IIJpyor and Council Members; As residents of Carlsbad and professionals in the local cornmunit17 we are quite concerned over the quality of our police protection. Being employers ourselves, we are well aware that afiequate and fair salaries will mintain quality personnel and attrQct apnropriate replacements. We therefore support the Carlsbad Police Officers Association in seeking equitable salaries an6 benefits. Richard 0 -Wattles DVM Ellie M. Wattles DVM 3871 El Camino Real Carlsbad, CA 92008 f i .. . - .- - m 0 m 6-4 .- i 'N W r) m - .. rl m N Pi ... m r- rl rl 0 w cy 4 , mp coo u N N o\ --F Ii! 0 u . 3_ m r- m cy - v, v, N N Y The Carlsbad City Manager has chosen not to recommend to the Carlsbad City Council for adoption, the following issues that were agreed upon during the meet E confer session between the Carlsbad Police Officers' Association and the City of Carlsbad: 1. An improved grievance procedure. 2. Clarification of the City Sick Leave Policy. 3. 4. Definition of a Work Day and Work Week. Modification of Payment of Uniform Allownace. 5. Clarification of Modified (Light) Duty. 6. Association of Rights. 7. hbdification in the City Disciplinary Action Policy. 8. Flat Badges for Sworn Personnel. 9. Clarification of Seniority. 10. Clarification of Recognition Clause. " WE DO BELIEVE THAT CARLSBAD POLICE SHOULD RECEIVE MORE PAY, BUT IT HAS BECOME A VERY EMOTIONAL ISSUE WITH T". ?HEY WERE NOT SUCESSFUL IN THEIR DEMANDS LAST YEAR AND ARE REACHING FOR THE MIRE DRAMATIC TO GAIN AIITEESTION 'MIS YEAR. IF THE CITY DOES NOT HAVE ENOUGH CONTINGENCY FUND TO BRING POLICE PAY TO A PARITY WITH OTHER SOUTHERN CALIFORNIA POLICE OFFICERS AT THIS TIME, GREAT EFFOKT SHOULD BE MADE TO ,SOON ARRIVE AT SUCH A FIGURE. ONCE ANY EMPLOYER FALLS GEHIND "E INDUSTRY PAY STAWARD, IT IS VERY HARD TO CATCH UP. CARLSBAD DOES HAVE GOOD POLICE OFFICERS, AND THEY DESERVE AT LEAST THE LEVEL OF PAY OF THEIR NEIQIBORS. IT SHOULD ALSO BE REMEMBERED THAT POLICE OFFICERS, IN THE MAIN, ARE YOUNG PEOPLE AND IT IS TAKE-HOME PAY -- NOT INSURANCE AND BENEFITS -- THAT COUNTS. " Carl sbad Journal Editorial September 3, 1983 Bill Watton, 1/1/77 to 5/21/83: 'I I was able to better my professional position by going elsewhere." Mike Scaramella, 3/13/78 to 9/17/82: "I didn't want to wait five to ten more years for the City to realize that sooner or later, changes would have to be made." Greg Higginbotham, 3/1/76 to 12/28/82: "Poor pay, poor working conditions and lack of support from the City Administration, led to my resignation." Heather Ross, 1/1/79 to 10/13/82: "Lack of career advancement, low pay for the responsibility involved, and lack of support on the part of the City Administration.'' Blair Sims, 9/1/80 to 7/26/83: "Insensitive City Administration, low morale, poor equipment, and less than equitable pay, forced me to leave the City I always wanted to work for." City of Carlsbad Negotiating Team, August 1983: It I am not saying, and we have never said we don't have the money. I am saying we have chosen not to spend it at this time." RESOLUTION NO. 7349 .A RESOLUTION OF TRE CITY COUNCIL OF THE C TY OF CARLSBAD, CALIFORNIA, RESOLVING A3J INPASSE AND DIRECTIRG CERTAIN COMPEESATION CHANGES FOR EMPLOYEES REPRESENTED BY THE CARLSBAD POLICE OFFICERS' ASSOCIATION. -- WHEREAS, representatives of the City arid the Carlsbad Police Officers' Association have met in accordance with the provisions of state law and Chapter 2.48 of the Carlsbad Municipal Code in an effort to reach agreement concerning salary and other terms and conditions of employment for fiscal year 1983-84; and WHEREAS, the City representatives and the Carlsbad Police Officers' Association have been unable to reach an agreement; and WHEREAS, because of the failure to reach agreement an impasse exists and has been confirmed by the City Kanager pursuant to the provisions of Chapter 2.48; and WHEREAS, an attempt on August 24, 1983 to resolve the impasse by mediation resulted in failure; and WHEREAS, the City representatives and the Carlsbad Police Officers! Association have been unable to agree on another method to resolve the impasse, the matter is referred to the City Council; and , WHEREAS, the City Council has determined to resolve the I impasse under the authority of Section 2.48.130 of the Carlsbad Municipal Code: NOW, TIfEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, as follows: 8 .. c I' -. 1 2 3 4 5 6 7 8 9 10 21 12 13 14 15 16 17 18 39 20 21 22 23 24 25 26 27 28 1. That the above recitations are true and correct. 2. That, effective September 7, 1983, salary increases of seven percent (7%) are authorized for classifications of Senior Police Officer, Police Officer, Communications/Records Supervisor, Communications Operator 11, and Communications Operator I. 3. That, effective January 1, 1984, salary increases of three percent (3%) are authorized for classifications of Police Sergeant, Senior Police Officer, and Police Officer. 4. That, effective September 7, 1983, salary increases of twelve percent (12%) are authorized for the classification of Police Sergeant. 5. That, effective September 1, 1983, the City and employees shall share the cost of medical, dental, and ,vision' insurance monthly premiums as follovils: Class Total City Premium Pays Employee Only $ 62.10 $ 55.89 Employee + 1 Dependent 142.18 122.27 Employee + 2 Dependents 219.51 177.80 Employee Pays -- $ 6.21 19.91 41 -71 6. That the tentative agreements reac'iet between representatives of the Carlsbad Police Officers' Association and the City on the following items are approved: a. Item 16 - Association rights b. Item 19 - Clothing allowance c. Item 26 - Flat badges - 2. 1 2 3 4 5 6 7 8 9 3.0 3.1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7. That the following items discussed and unresolved during negotiations are referred for further consideration by the City as a part of the proposed comprehensive revisions to the City's personnel tules: a. Item 5 - Recognition b. Item 10 - Grievance procedure and Exhibit B c. Item 13 - Basic work week/work day d. Item 15 - Sick leave e. Item 20 - Seniority f. Item 23 - Modified duty g. Item 25 - Discipline of an employee 8. That, except as provided in this resolution, the City Council has determined to not implement any of the other items at issue in this impasse hearing at this time. 9. That those economic elements of the employees' compensation program which have been implemented by previous Council action and which are unchanged by this resolution shall continue in effect. 10. The City Manager shall prepare appropriate salary plans and any .necessary amendments to the personnel rules or employee-employer relations rules to implement this resolution and shall bring such documents to the Council for adoption at the next regularly scheduled Council meeting . , ... 0.. 0.. 3. PASSED, APPROVED, AND ADOPTEE adjourned at a/regular meeting of the City Council held on the 13th day of September I 1983, by the'following vote, to wit: AYES: Council Members Casler, hs, Kulchh, Chick and Prescott NOES: None ABSENT: None y.J h, MARY H. ASLER, Mayor ATTEST : 4.