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HomeMy WebLinkAboutF-3b - Agreement Summary Referring to Memorandum of Understanding (M.O.U.) Resulting from Recently Concluded Labor Negotiations between the City of Newport Beach andAGENDA ITEM # F - 3 - (ms) JULY 9, 1990 TO: Honorable Mayor Plummer and Members of the City Council FROM: The City's Negotiating Team REGARDING: Agreement summary referring to Memorandum of Understanding (M.O.U.) resulting from recently concluded labor negotiations between the City of Newport Beach and the Newport Beach Police Employees Association (N.B.P.E.A.) c 2(.S-6 RECOMMENDATION: Approve the adoption of the reflected by the attached agreement summary refering to the memorandum of understanding. BACKGROUND: The City representatives and representatives of the N.B.P.EA. have been engaged in the meet and confer process, which is required by City policy and State law, since March of this year. This process has now resulted in a tentative agreement. This agreement have been developed within the limits of authority granted by the City Council. Attached is the agreement summary and between the City of Newport Beach and the Newport Beach Police Employees Association. a July 9, 1990 City Council Agenda Item No. TO: MAYOR PLUMMER AND MEMBERS OF THE CITY COUNCIL From: City Negotiating Team SUBJECT: TENTATIVE AGREEMENT WITH THE NEWPORT BEACH POLICE EMPLOYEES ASSOCIATION The following points have been agreed to in terms of a one year Memorandum of Understanding by both the negotiators for the Newport Beach Police Employees Association and the City's negotiators. Final agreement is subject to ratification by the members of the Association and approval by the city Council. 1. 1990-91 total compensation increase of 7.0% for sworn personnel and 9.0% for non -sworn personnel. This would result in a salary increase distributed as per either option A or option B as voted upon by the Association: Option A. 7.44% across the board salary increase for all sworn personnel. 10.23% across the board salary increase for all non -sworn personnel. OR Option B. Sworn Personnel 7.0% for Police Officers 8.75% for Sergeants 9.75% for Lieutenants 10.0% for Captains in addition, as a result of #6, below, there will be an additional increase on December 29, 1990 of 1.0% for Lieutenants and 1.5% for Captains. Non -Sworn Personel 10.0% for all positions but those listed below 12.50% for Communications Supervisor, Records Supervisor, Senior PCO, and Sr. Records Specialist. • 0 2 The $400 cap will remain on medical coverage for the life of this M.O.U. 3. The disability insurance benefit will be improved at no additional cost to the employee as follows: When an employee having five years of service, but less than ten with the City is on an approved disability leave of absence (up to a maximum of one-year), the City will pay one-third of the cost of the employee's insurance (health, life, and disability); for an employee with ten years of service, but less than fifteen, the City will pay two-thirds of the cost, the City will pay the entire cost for an employee with fifteen or more years of service. 4. Tuition reimbursement for sworn personnel will be increased from $490 to $620 annually. For non -sworn personnel the maximum will be increased to $1550 annually. Benefit may be accessed in a lump sum. 5. Benchmark in future years for Police Officer will be Newport Beach Police Officer to average of J-1 cities Police Officer not Master Officer to Master Officer as at present. 6. Benchmark for Sergeants in future years will be comparison of most populated class of Sergeants to the average of the most populated class of Sergeants in the three J-1 cities. 7. Access to sick leave bank in paid leave program will be after one work shift per illness. • 1990-91 EXHIBIT "A" POLICE CLASS MONTHLY CLASSIFICATION CODE SALARY RANGE •POLICE CAPTAIN 2-000 5193- 6312 POLICE LIEUTENANT 2-005 4465- 5427 POLICE OFFICER 2-010 2926- 3556 POLICE SERGEANT 2-015 3726- 4529 POLICE DETECTIVE 2-020 2926- 3556 POLICE RECRUIT 2-090 2530 - ANIMAL CONTROL OFFICER 2-100 2322- 2822 ANIMAL CONTROL OFFICER, SR. 2-103 2688- 3267 CIVILIAN TRAFFIC SUPERVISOR 2-104 3054- 3713 CUSTODY OFFICER 2-105 2335- 2838 •CUSTODY OFFICER, SENIOR 2-107 2703- 3285 PARKING CONTROL OFFICER 2-114 1976- 2402 PARKING CONTROL OFCR., SENIOR 2-115 2198- 2672 POLICE COMMUNICATIONS SUPERVSR 2-117 3055- 3713 POLICE COMMUNITY SERVICES OFCR 2-118 1976- 2402 POLICE DISPATCHER 2-119 2369- 2880 POLICE DISPATCHER, SENIOR 2-120 2743- 3334 POLICE PHOTO I.D. TECHNICIAN 2-121 2582- 3138 POLICE RECORDS SPECIALIST 2-122 1775- 2157 POLICE RECORDS SPECIALIST, SR. 2-124 1996- 2426 POLICE RECORDS SUPERVISOR 2-127 3127- 3801 •POLICE COMPUTER SYSTEMS MGR. 2-128 4213- 5121 RANGEMASTER-ARMORER 2-130 2319- 2819 SECRETARY, POLICE 2-132 1960- 2383 SECRETARY TO POLICE CHIEF 2-135 2207- 2683 l 1990-91 EXHIBIT "A" POLICE. CLASS MONTHLY CLASSIFICATION CODE SALARY RANGE ! •STATION OFFICER 2-140 2322- 2822 VIDEO PRODUCER 2-160 3004- 3651 NON -SWORN EMPLOYEES ASSIGNED TO REGULAR FULL-TIME SHIFTS AT NIGHT SHALL RECEIVE $ 0.70 PER HOUR NIGHT DIFFERENTIAL PAY. r� L J • STEPHEN H. SILVER CHARLES A. GOLDWASSER GEORGE W. SHAEFFER, JR. WILLIAM J. HADDEN DAVID J. DUCHROW SUSAN SILVER SYLVIA E. KELLISON JOEL L. BLOCK PAUL O. GOYETTE WENDY SHARP DIANE G. VASQUEZ 11 C� Su,vEB, GoLDWASSER & SHAEF7ER A PROFESS40NAL LAW CORPORATION WORKERS' COMPENSATION J. LEONARD STERN STEVEN E. KAYE PERSONAL MJURy OF COUNSEL SHALE F. KREPACK COMMERCEBANK BUILDING 1201 DOVE STREET, SUITE 600 NEWPORT BEACH, CALIFORNIA 92660 TELEPHONE (714) 9551971 FAX (714) 955-0719 July 9, 1990 Hon. Mayor and Councilmembers City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92658 Re: Newport Beach Police Employees' Association To the Hon. Mayor and Councilmembers: SANTA MONICA OFFICE POST OFFICE BOK 2161 BANTA MONICA, CALIFORNIA 90606-2161 TELEPHONE (213) 3031486 TELEPHONE (213) 8700000 Our firm has represented the police association for more than fifteen years. It has been 13 years since we have been requested by the Association to appear before the City Council to discuss an employment related issue. The Association has requested us to notify you of a very high degree of dissatisfaction in the way the City Council and City Manager (hereinafter "City Management") addressed two issues during the recently concluded labor negotiations. The Association has always accepted the City's last best offer during negotiations believing it to be the last best offer. As you know, the City's final proposal was originally rejected this year by over 90% of the Association. The proposal was modified somewhat to upwardly adjust the salaries of the supervisors and resubmitted to the membership for ratification. The Memorandum of Understanding which is being presented to you for approval was ratified by the Association. However, the final vote showed that the MOU was ratified by a margin of less than 30 votes. The City's final proposal was ratified by the Association for two reasons. First, both the sworn and non -sworn members voted on the proposal. If the proposals have been presented separately to the sworn and non -sworn members, the sworn package would have been rejected. Secondly, the Association has concluded from conversations with some of you and the City Manager that both the City Council and City Manager are unsympathetic to the two issues of critical importance to the Association. Those two reasons are the subject of this address, and the reasons that future labor negotiations with the Association will be difficult. SILVER, G0LDWAs9ER & SHAEFFER Hon. Mayor and Councilmembers July 9, 1990 Page 2 The most important issue facing the Association and the City is the need for a year round alternate work schedule. The police department successfully completed an eight (8) month alternate work schedule on May 31, 1990. The police department management was confident they could maintain the alternative work schedule from September 1 through June 30, 1991. We believe the Chief was receptive to this proposal. The Association members are confident they can maintain an alternate work schedule on a year round basis. The Association has confidence in the police management and their members to continue to maintain the high level of personal service the citizens of Newport Beach enjoy during a year round alternate work schedule. The City Management's rejection of the alternate work schedule on a year round basis is resented. It shows that City Management does not respect the commitment and ability of the Association's membership to maintain service during a year round alternate work schedule. The City Management's rejection of the proposal also shows a lack of confidence in Police Management and their ability to maintain an alternate work schedule. An alternate work schedule is very important to the members. Very few of the police employees live in Newport Beach. Many employees drive tremendous distances to work. All but a few employees drive through many communities in their commute to work. Almost every community an employee drives through in his or her commute to work has an alternate work schedule for its police officers. The commuting employees can not help but reflect on how attractive these other communities are with an alternate work week. An alternate work week reduces their commuting time, and permits the employee more time to spend with his or her family or hobbies, rather than suffering through many hours of commuter traffic. In the very near future, the City will not be able to attract or retain the same level of police officer the City now enjoys without an alternate work schedule. The Association is also dissatisfied with City Management's approach to a second issue. The Association believes City Management has manipulated the J1 Policy. The Association has always believed the J1 police meant what it said: The employees of Newport Beach will be paid the average of the top three cities in Orange County in salary and benefits. The J1 Policy was adopted to assist the parties in calculating salaries and benefits to assure the employees of Newport Beach are paid within the top three in the County. The employees give a high level of service, and they warrant the highest level of pay and benefits. Moreover, the City has the economic ability to pay the police officers highest in the County in salaries and benefits unlike SILVER. GOLDWASSER & SHAEFFER Hon. Mayor and Councilmembers July 9, 1990 Page 3 other cities which must sacrifice to pay their police officers in the top three. The Association has seen a steady erosion of what they have thought was the very clear policy of J1. The Association recently received for the first time City Management's new J1 Policy Discussion. The Association believes the Discussion greatly distorts the very clear meaning of J1. Rather than looking at all cities in Orange County, the City looks to "full- service cities" for the salary and benefit comparisons. Although all cities in Orange County are "full-service" cities, Newport Beach only considers a city "full-service" if the city, rather than the County, provides various services such as a fire department, a library, and utilities. These "non full-service" cities clearly provide their citizens with a library, a fire department, and utilities. The cities pay for these services by contracting with the County. Thus, there is no legitimate reason for the City to exclude all but an isolated few cities in their salary comparisons. Moreover, a city such as Irvine could probably provide many services it contracts with the County for at a comparable price. In conclusion, the MOU with the Police Association was ratified by the membership on a rather narrow vote. The Association requests City Management to reconsider its unreasonable approach to an alternate work schedule on a year round basis. The Association believes its' members and the management of the police department have the ability to maintain service during an alternate work schedule on a year round basis. City Management's lack of confidence in the abilities and commitment of the Association's membership is very disturbing. The Association hopes the City Management will reconsider its position and permit an alternate work schedule to occur on a year round basis effective October 1, 1990. The Association also requests the City Council to reconsider its' approach to interpreting the J1 Policy in future negotiations. The Association requests City Management to follow the clear purpose and meaning of the J1 Policy. The City has the ability to pay police employees within the top three in the County in salary and benefits. The police employees' high level of service to the City warrants such pay. Therefore, the Association believes it is appropriate for the clear meaning of J1 to be applied in future negotiations. We believe the policemen have a high level of community support. A policeman is always there when needed by the citizens. The Association is disappointed that they do not enjoy your support. SILVER, GOLDWA6BER & SHAEFFER Hon. Mayor and Councilmembers July 9, 1990 Page 4 Thank you for your attention and consideration of these requests. Very truly yours, SILVER, GOLDWASSER & SHAEFFER George W. Shae e , Jr. GWS: lam cc: NBPEA Board of Directors STEPHEN H. SILVER CHARLES A. GOLDWASSER GEORGE W. SHAEFFER, JR. WILUAAI J. HADDEN DAVID J. DUCHROW SUSAN SILVER SYLVIA E. KELLISON JOEL L. BLOCK PAUL O. GUYETTE WENDY SHARP DIANE G. VASQUEZ 0 10 SILVER, GOLDWASSER & SHAEFFER A PROFESSIONAL LAW CORPORATION COMMERCEBANK BUILDING WORKEAS' COAARENSATION 1201 DOVE STREET, SUITE 600 J. LEONARD STERN NEWPORT BEACH, CALIFORNIA 92M STEVEN E. KATE TELEP14ONE (714) 955-1971 PERSONAL INJURY FAX (714) 955-0719 OF COUNSEL SHALE F. KREPACK June 29, 1990 City Clerk City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92658-8915 Re: July 9, 1990 City Council Meeting Dear Clerk: P FF� ' V 490405061 5181488 TELE E70-0900 COUNOL AGENDA VIA FAX (714) 644-3339 We represent the Newport Beach Police Employees' Association ("NBPEA"). The purpose of this letter is to formally request a separate agenda item on the July 9, 1990 City Council meeting for the purpose of discussing the concerning of, NBPEA over the recently concluded labor negotiations. Thank you in advance for your attention to this request. Very truly yours, SILVER, GOLDWASSER & SHAEFFER George W. Sh fer, Jr. GWS:ldm cc: Duane K. Munson NBPEA Board of Directors JUL 9 =