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HomeMy WebLinkAboutMINUTES-01/17/1979-Adjourned' January 17, 1979 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council - Manager Form of Government Adjourned Meeting - 1:25 P.M. An adjourned meeting of the Council of the City of Fort Collins was held on Wednesday, January 1.7, 1979, at 1:25 p.m. in the Council Chambers in the City of Fort Collins City Hall. Roll call was answered by the following Council - members: Bloom, Gray, Suinn and Wilkinson. Absent: Council - members Bowling, St. Croix and Russell. Staff Members Present: Arnold, Lanspery, Harmon, Mulligan, Wood, Deagle, Smith, Liley and Lewis. Action Taken on Alleged Police Slow Down City Manager Arnold reported that he had been given a copy of a press release from the Fraternal Order of Police; he then read the following statement: "At midnight, Janaury 16, the Police officers of the City of Fort Collins who are members of Lodge No. 3, the Fraternal Order of Police will instigate a work slowdown. This action is being taken as a result of the City Management and the City Council's failure to satisfactorily address or correct problems outlined in the Fraternal Order of Police's position paper, presented to Council on December 19. Because of it's concern for citizen safety the Fraternal Order of Police has instructed its members to take no action which affect the response of Police to Citizens request for emergency assistance or to reports of crimes in progress. However, requests for non -emergency assistance and police follow-up action will be affected. Sufficient levels of on duty Police Officers will be maintained to insure Citizen safety. The work slowdown is expected to continue munication between the Fraternal Order of have been established and the City shows eliminate the concerns previously voiced of Police." -228- until effective com- Police and the City good faith effort to by the Fraternal Order January 17, 1979 City Manager Arnold then read the following statement: ' " The FOP has issued a statement indicating that a slow down is in progress in the Police Department. The Administration of this City will not react to a statement. We need to react to individual employees as human beings based on their actions. We assume the police officers, being the good people they are, will continue to do their job in a professional, ccuplete way. Here's why I say that: The Police Department is a rational group and they're acting irrationally. They're saying they will not write tickets. Yet, every police officer ]mows the reason we have tickets and speed limits is to provide for the safety of the public --to slow traffic down to a safe speed. That's so kids can get across the street, and all the public can feel more secure. Tickets also reduce accidents. So, therefore, tickets provide for public safety, and I can't understand how the FOP can feel that the public is going to support a slow dawn in that very important public safety providing activity. Management will monitor their performance, and if any individuals ' are perceived to be acting improperly, appropriate actions --- including dis- ciplinary actions —will be taken. We'll react to the facts of the situation with appropriate disciplinary action, and not over -react. At the same time, management recognizes its responsibility to see that public employees perform and that the public safety is protected. The FOP has made a statement that there are five concerns they have that management is not addressing. The five concerns they address are: 1. Adoption of pay plan wages by January 1, 1979. 2. Realignment of shift supervisor personnel from sergeant to lieutenant effective January 1, 19%9. 3. Implement the classification system by January 1. 4. Review police work loads and personnel strengths. 5. FOP to have open comuvnications with City staff during 1979. -229- January 17, 1979 Management has responded to each one of these as follows: 1. The competitive salaries submitted by management will be reached by July 1, 1979, barring catastrophic events. D1 �;-e-znt feels is has dealt with the FOP reasonably. Their ccn- terns have been dealt with --to the extent possible in the time available. We have recommended a pay plan that gave the Police Department an average salary boost of 10.5% effective last January 2. (All employees averages 7%.) We have also ccnmitted--with a 99% certainty --that we would by July 1 go the other 10.5% more for Police and 7% for all employees. Here's what salaries will look like by July 1: Minimum Maximum 1978 Police Officer. $11,284 $15,548 11% 12% Target Police Officer $12,540 $17,4001 2. Realignment of shift supervisory personnel was accomplished prior to receiving their relxn-t. 3, The classification system was effective January 1, 1979. 4. The review of police work loads and personnel strengths is a management function, performed by the supervisory personnel in a department, City management, and the City Council. Dis- cussion of personnel strengths is a public policy and management kind of question. As such, it is not subject to negotiation. 5. Open communication between the FOP and the City staff has been promised and has been going air, subject only to the desires of the FOP and the above public policy question. 1 -230- January 17, 1979 City Manager Arnold then presented charts which identified ' Average Salary Increases by Department, Low to High Range of Increases and New Pay Plan Salaries by Percentage Increase. Police Chief Ralph M. Smith then made the following state- ment. Mr. .*Mayor and members of the Council: "There has been statement from the Fraternal Order of Police that there will be a work slowdown and I will not react to statements but only to facts. If it proves that individual officers are, in fact, not doing their jobs, then disciplinary action will be forthcoming. Disobedience on the part of the of- ficers will not be tolerated. I feel that members of the Fort Collins Police Department are some of the finest in the nation. Emotions are running high at this point, and I trust that the lines of communication will continue to be open, I support the new pay plan, I feel that it is equitable and the commitment of the Administration to fully implement the plan by July 1, 1979 is commendable." Police Officer, Donn Hopkins, the newly elected president of the Fraternal Order of Police, read the following letter: "TO: Honorable Mayor Richard Suinn, All Other Members of City Council and ' City Manager John Arnold FROM: The Executive Board of the Fort Collins t.odne of Fraternal Order of Police RE: Continued Communication Members of Council: It is the position of the Fraternal Order of Police that we are willing to meet at any time and any place with Council and City Administration, however, we must insist that any of these meetings must include discussion of the pay plan, as well as other items brought up in our proposal previously distributed. Furthermore, as a result of the reactive measures taken by the Fraternal Order of Police, in response to the lack of communications in reference to the pay plan, on the part of City Council and the City Administration, we are now requesting -that any further contact between the Fraternal Order,of Police and the City Council or City Administration be directed to our attorney, Marshall Fogel in Denver, Colorado at 534-0401.," Remo,.*a. tt.. -.. ....ram..... ........ ......,... ....... .., 1 Executive Board Members of the Fraternal Order of Police -231- January 17, 1979 ' President Hopkins thanked Council for their attention and again stated their wish to serve the community. Councilman Gray made a motion, seconded by Councilman Wilkin- son to adjourn into executive session for the purpose of dis- cussing personnel matters. Yeas: Councilmembers Bloom, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED. Upon reconvening the open meeting, Mayor Suinn stated he be- lieved there was another person wishing to address the issue. Mr. Robert Bradshaw, Executive Chairman for AFSCME Local 1669 reported the membership has been "told down through the last four or five years that we were going to be competative and that we would be caught up -- keep caught up with the cost of living and we got five percent, six and a half percent and then we were told that thats all the money there was. And then, late last year we transferred pretty near two million dollars out of the general fund into an improvement project, so con- sequently the membership has said that they don't.feel that the administration has been quite truthful with us. And that's how they feel about it." Mr. Donn Hopkins then responded to the City Manager's statement adding that the Police Department in "jeopardize would no way the safety of the community". Mayor Suinn then read the following Council statement: "The Council has listened to a number of statements made this afternoon. We have listened to the City Manager relating the history of the City's recent dealings with the Police Department, the many discussions, .the strong efforts to work out the problems with the Pay Plan, and the City's commit- ment to move the target date for implementation of the Pay Plan up to duly 1, 1979. The fairness and the appropriateness of the City's Pay Plan and its approach of competitive salary with full implementation as soon as possible appears to be eminently reasonable. As a response to this position, the Fraternal Order of Police, a group consisting of approximately 45 police officers, voted last night to engage in a slowdown, i.e. not to enforce traffic laws of the City. -232 January 17,, 1979 We have further listened to the statement of the Police Chief indicating ' his support for the position the Administration has taken, the reasonable- ness of the position and the statement that activities such as a slowdown of necessary and required duties can not and will not be condoned or tolerated. After hearing all of this information and reflecting on what has happened to date, the Council makes the following observations and statements: It is our feeling that the City Administration has acted reasonably and fairly with regard to the Pay Plan implementation and Police Department concerns with such implementation. 2 We fully support the City Manager in his decision not to meet with members of the Fraternal Order. of Police at this time because it is inappropriate to respond to individuals or groups when those same individuals or groups are putting undue, unreasonable, and potentially dangerous pressure on the City as a whole. Rational discussions should be encouraged at all times between the City Administration and its employees when such unfair and undue coercion is not present. ' Further, this Council has said - and now re-emphasizes that it is not opposed, when appropriate, to meeting with all City employees. However, the Council strongly believes that it is inappropriate for members to meet with any particular organized employee group or union about employee problems and have advised the City Manager and City Attorney accordingly. The City government, elected and appointed, is sensi- tive to the dangers of over -reacting to actions taken to this point by members of the Fraternal Order of Police. To date, only statements have been made as to a possible slowdown. The City Council does not react to statements and will not take any action based upon a mere statement. We personally feel that all of our officers are of good character and have an understanding of and commitment to their responsibilities as officers of the City of Fort Collins. We assume that these officers will not parti- cipate in any illegal or unwarranted activities, and we will continue to assume this unless the individual officers prove otherwise. ' -233- January 17, 1979 ' We recognize that there may be much citizen concern with actions which some members of the Police Department have taken or may take in the future - for example, concerns about the safety of children bicycling or walking along City streets when there is no enforcement of City traffic laws. To those concerned citizens and to all citizens of Fort Collins, the Council states that, if future actions are taken by the police that places the public in jeopardy, then the Council and the Admin- istration would take whatever steps are necessary and appropriate. 11 Mayor Suinn then declared the meeting adjourned. Adjournment The meeting was adjourned at 2:20 p.m. ATTEST: Ci y Clerk i MOYor -234-