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
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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.
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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
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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:
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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.
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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
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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
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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.
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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
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Coronado $31,768
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0 0 0 0 0 0 0 0 0 0
San Diego County $40,421
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Oceanside $36,350
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National City $34,725
La Mesa $33,711 ..
- .... 1 .. City of Sari Diego $33,510
El Cajon $32,486 1
Escondido $31,744
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I .I Carlsbad After Increase $34,932
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TOTAL' COMPENSATION COMPARISONS
POLICE OFFICER
$50,000 I
---$20,000
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TOTAL COMPENSATION COMPARISON
COMNUNICATIONS OPERATOR 11
$30,000 '
-$20,000
$10,000
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TOTAL COMPENSATION COMPARISON POLICE SERGEANT
I
A $30,000 i t
- $20,000
i
- $10,000
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.
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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
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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:
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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
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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.
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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 . , ...
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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.