HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/19/2022 - FIRST READING OF ORDINANCE NO. 047, 2022, APPROPRI Agenda Item 14
Item # 14 Page 1
AGENDA ITEM SUMMARY April 19, 2022
Police-Office of the Chief
STAFF
Greg Yeager, Deputy Chief of Police
Teresa Roche, Human Resources Executive
Tyler Marr, Assistant City Manager
Jenny Lopez Filkins, Legal
SUBJECT
First Reading of Ordinance No. 047, 2022, Appropriating Prior Year Reserves for the Post Employment Health
Plan as Provided in the Collective Bargaining Agreement with the Fraternal Order of Police.
EXECUTIVE SUMMARY
The purpose of this item is to appropriate General Fund reserves for City contributions to the 2022 City Post
Employment Health Plan (PEHP) to be made to the accounts of members of the Collective Bargaining Unit
(CBU) of Fort Collins Police Services as agreed upon through the 2022 -2024 Collective Bargaining Agreement
(CBA) with the Northern Colorado Lodge #3 of the Fraternal Order of Police (“FOP”).
The CBA was approved by Council by Resolution 2021 -114 on December 7, 2021. The CBA specifies a matrix
of one-time and “catch-up” City contributions to be made to CBU members’ PEHP accounts based upon their
cumulative service in the CBU. A reminder of this pending appropriation was included in Ordinance No. 015,
2022, the appropriation ordinance for CBU salary increases.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading
BACKGROUND / DISCUSSION
In August 2004, City voters passed Citizen-Initiated Ordinance No. 001 which modified the City Code to
provide for collective bargaining between the City and members of the Police Servi ces bargaining unit.
Members of the bargaining unit selected the Northern Colorado Lodge #3, Colorado Fraternal Order of Police
(FOP) to serve as their bargaining agent. The first collective bargaining agreement was approved in 2006.
Bargaining was conducted between the City and FOP in 2021 and a tentative three-year (2022-2024) CBA
agreement was reached. Council approved the CBA by Resolution 2021 -114 on December 7, 2021. Among
other changes, the CBA specifies City contribution allocations in alignment with the below language:
• When eligible employees (of the CBU) pass one of the milestone anniversaries (based upon cumulative
service to FCPS) listed in the table below, the City will make a one-time contribution in an employee’s
PEHP consistent with the amounts in the table immediately below. This contribution will be made no later
than the first pay period after the end of the quarter if the employee is employed on the date of the agency
employment milestone anniversary.
Agenda Item 14
Item # 14 Page 2
Agency Employment Milestone Anniversary One-time PEHP contribution
10 year $5,000
15 year $7,500
20 year $12,000
25 year $15,000
• Additionally, as a one-time "catch-up," for those eligible employees who have already passed one of
the milestone anniversaries (based upon cumulative service to FCPS) noted above by December 31,
2021, and are still employed as of that date, the City will make a one -time contribution in the
employee’s PEHP in the applicable amount in the table below. Such contributions will be made by the
end of the first quarter of 2022.
Agency Employment Milestone Anniversary “Catch-up” PEHP contribution
passed as of December 31, 2021
10 year $5,000
15 year $7,500
20 year $19,500
25 year $34,500
CITY FINANCIAL IMPACTS
The needed funds to cover the catch-up and subsequent employment anniversary contributions total
$1,674,000. These funds will come from General Fund Reserves and will be appropriated in the General Fund.
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ORDINANCE NO. 047, 2022
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES FOR THE POST EMPLOYMENT HEALTH
PLAN AS PROVIDED IN THE COLLECTIVE BARGAINING AGREEMENT WITH THE
FRATERNAL ORDER OF POLICE
WHEREAS, on December 7, 2021, the City adopted Resolution 2021-114 approving a
collective bargaining agreement between the City and the Northern Colorado Lodge #3 of the
Fraternal Order of Police (“CBA”); and
WHEREAS, the terms of the CBA call for the City to make one-time and “catch up”
contributions to the Post Employment Health Plan (“PEHP”) accounts of the bargaining unit
members identified the collective bargaining agreement; and
WHEREAS, the City’s contributions to the bargaining unit members’ PEHP accounts are
based on the years of cumulative service in the collective bargaining unit with Fort Collins
Police Services (“FCPS”); and
WHEREAS, the purpose of this Ordinance is to appropriate $1,674,000 of General Fund
prior year reserves to cover the City contributions to the PEHP accounts as required by the CBA;
and
WHEREAS, this appropriation benefits the public health, safety and welfare of the
residents of Fort Collins and serves the City’s public purpose including enforcement of the
provisions of the City Code and state law and such other functions and duties necessary to
preserve the public peace, prevent crime, apprehend criminals and protect rights of the persons
and property through the enforcement of penal laws of the City and the state; and
WHEREAS, Article V, Section 9 of the City Charter permits the City Council, upon the
recommendation of the City Manager, to make supplemental appropriations by ordinance at any
time during the fiscal year such funds for expenditure as may be available from reserves
accumulated in prior years, notwithstanding that such reserves were not previously appropriated;
and
WHEREAS, the Interim City Manager has recommended the appropriation described
herein and determined that this appropriation is available and previously unappropriated from the
General Fund and will not cause the total amount appropriated in the General Fund to exceed the
current estimate of actual and anticipated revenues and all other funds to be received in this Fund
during this fiscal year.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
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Section 2. That there is hereby appropriated from prior year reserves in the General
Fund the sum of ONE MILLION SIX HUNDRED SEVENTY-FOUR THOUSAND DOLLARS
($1,674,000) to be expended in the General Fund for the cost of the Post Employment Health
Plan contributions as provided in the Collective Bargaining Agreement with the Fraternal Order
of Police.
Introduced, considered favorably on first reading, and ordered published this 19th day of
April, A.D. 2022, and to be presented for final passage on the 3rd day of May, A.D. 2022.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 3rd day of May, A.D. 2022.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk