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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 12/01/2009 - RESOLUTION 2009-108 APPROVING A COLLECTIVE BARGAIN DATE: December 1, 2009 STAFF: Wendy Williams - M Resolution 2009-108 Approving a Collective Bargaining Agreement with the Fraternal Order of Police. EXECUTIVE SUMMARY The City and the Fraternal Order of Police("FOP")entered into a collective bargaining agreement for 2008 and 2009, which agreement will expire on December 31, 2009. City staff and the FOP have tentatively reached an agreement which addresses the terms and conditions of employment of the members of the bargaining unit for 2010 and 2011. The tentative agreement was ratified by a vote of the FOP membership on November 14, 2009. BACKGROUND / DISCUSSION Adoption of Citizen Ordinance No. 001 in August 2004 by city voters modified the City Code to provide for collective bargaining between the City and members of the Police Services 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 negotiation period lasted sixty days, followed by two days of mediation. A summary of the new terms contained in the 2010 and 2011 agreement is attached to the Resolution as Exhibit "A". The 2010-2011 tentative agreement strengthens management rights on compensatory time and call-backs, puts a Performance Based Pay System in place, and changes the percentage of health and dental premiums paid by employees and the City. , Adoption of the Resolution would approve the terms and conditions of the 2010-2011 collective bargaining agreement and authorize the City Manager to execute the agreement on behalf of the City. FINANCIAL IMPACT Police employees in the bargaining unit will not receive merit increases in 2010. Salary Levels for 2011 will be subject to negotiations in 2010. Adoption of the proposed agreement will not result in increased costs to the City. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. r RESOLUTION 2009-108 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING A COLLECTIVE BARGAINING AGREEMENT WITH THE FRATERNAL ORDER OF POLICE WHEREAS, on August 10,2004,the electors of the City approved at a special City election an ordinance that contains a comprehensive scheme for collective bargaining between the City and certain employees of its Police Services (the "Ordinance"); and WHEREAS, the Ordinance amended the City Code by adding a new Division 7 to Article VII Chapter 2 of the Code entitled "Public Safety Administration Cooperative Agreement"; and WHEREAS, on September 28, 2005, the District Court for Larimer County, Colorado, entered an Order in Case Number 05 CV 1146 invalidating portions of the Ordinance dealing primarily with binding arbitration and leaving intact those portions of the ordinance requiring good faith negotiations between the City and the designated bargaining agent; and WHEREAS,pursuant to the provisions of the Ordinance,the Northern Colorado Lodge 43, Colorado Fraternal Order of Police("FOP")was selected as the designated bargaining agent for those employees of Police Services who are members of the bargaining unit; and WHEREAS, the City and the FOP entered into a collective bargaining agreement for 2006 and 2007, which agreement expired on December 31, 2007; and WHEREAS, the City and the FOP entered into a collective bargaining agreement for 2008 and 2009, which agreement will expire on December 31, 2009; and WHEREAS,the City and the FOP have,pursuant to the provisions of the Ordinance,engaged in negotiations regarding the terms and conditions of a possible collective bargaining agreement for 2010 and 2011; and WHEREAS, City staff and the FOP have.tentatively reached an agreement which addresses the terms and conditions of employment of the members of the bargaining unit for 2010 and 2011; and WHEREAS,the City Manager has recommended City Council approval of such agreement; and WHEREAS,the City Council,having considered the terms and conditions of the agreement, believes that it would be in the best interests of the City to approve the same. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the City Council hereby approves the terms and conditions of that certain collective bargaining agreement, a copy of which is on file in the office of the City Clerk and a summary of which is attached hereto and incorporated herein by this reference as Exhibit"A",and authorizes the City Manager to execute the collective bargaining agreement on behalf of the City. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 1 st day of December A.D. 2009. Mayor ATTEST: City Clerk EXHIBIT "A" SUMMARY OF CHANGES IN NEW COLLECTIVE BARGAINING AGREEMENT BETWEEN CITY OF FORT COLLINS AND FOP LODGE #3, 2010-2011 Article 2. Term. This is a two year agreement beginning January 1, 2010 through December 31, 2011. Article 7. FOP Status and Rights. There will.be an 80 hour cap (20 hours for four FOP representatives) for time at the bargaining table in the future. Any additional time will be paid from the newly established FOP Leave Time Bank which will be funded by voluntary contributions of FOP members' accrued leave time which they could otherwise use themselves, up to a maximum bank of 300 hours. Article 8. Salary. Compensation for 2010 and 2011 will be in accordance with the Performance Based Pay Plan, and salary will be dependent on a combination of skill step and job performance rating. The salary schedule for 2010 has pay levels for five ratings at most steps. There will be no salary increases, even under this Pay for Performance system, in 2010. Only those who are moving from lower skill steps to higher skill steps will get an increase. The salary levels under the Performance Based Pay Plan schedule for 2011 will be subject to negotiations in 2010. Salary for 2011 is the only item that will be subject to negotiations in 2010. Article 9. Overtime Compensation. To ensure that compensatory time will not be more expensive than regular overtime, the City can take into account such factors as "workload, minimum staffing requirements, overtime cost for replacement employees and resource availability" when granting approval for the use of compensatory time. Article 14. On-Call Compensation. The provision in the existing Agreement that exempts employees from reprimand if they do not come to work when requested outside their normally scheduled hours is deleted. Article 28. Insurance. Bargaining unit employees will pay the same percentage of health and dental premiums as all other City employees. The employee's percent of premium for children, spouse or family coverage in the Advantage Medical Plan will be 30% (rather than .the current 25%) and in the Core Medical Plan it will be 17% (current is 15%). The employee contribution for employee only coverage in the Dental Plan will be 30% (current is 20%). The employee contribution for children, spouse or family coverage in the Dental Plan will be 40% (now 30%). With these changes, even if there is an increase in premiums in 2010, there should be no increased cost to the City. MARTIN SEMPLE PATRICK B.MOONEY DARRYL L.FARRINGTON STEPHEN G.EVERALL MATT'RAT ERMAN M.BRENT CASE SUSANNE STARECKI KIM HOLLY ORT Z_ Article 31. Pension and Death and Disability Contribution. The new Agreement incorporates the City's current practice of paying the state mandated contribution for death and disability coverage for Police Officers hired on or after January 1, 1997. There is no new cost associated with this. Article 41. Line of Duty Death. If an employee is killed in the line of duty, the City will pay coverage in the City's medical and dental plans for the spouse and dependents for 24 months. Article 44. Uniform and Equipment. The City agrees to, replace damaged ballistic vests with vests chosen by the Department or provide credit for the equivalent value toward the purchase of a vest approved by the Department and selected by the Officer. This is current practice. Article 56. Compliance. The provisions of Article XXVIII of the Colorado Constitution (Amendment 54) dealing with "sole source government contracts" is incorporated into the Agreement as required by the Amendment and recognizes that there is a court injunction on implementation of certain sections of Amendment 54. All economic provisions in the Agreement are subject to annual appropriation. Cost: - There are no increased costs to the City in this new Agreement. S:\FORTCOLLINS\Negotiations 2009\Summary of Changes to New CBA 0911 I8.doc f