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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/20/2011 - RESOLUTION 2011-110 APPROVING A COLLECTIVE BARGAINDATE: December 20, 2011 STAFF: Wendy Williams AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 18 SUBJECT Resolution 2011–110 Approving a Collective Bargaining Agreement with the Fraternal Order of Police. EXECUTIVE SUMMARY The City and the Northern Colorado Lodge #3, Colorado Fraternal Order of Police (FOP), using an interest based bargaining approach, engaged in negotiations regarding the terms and conditions of a possible bargaining agreement for 2012 and 2013. City staff and the FOP have tentatively reached an agreement. On November 30, 2011, bargaining unit members voted to ratify the proposed agreement. BACKGROUND / DISCUSSION Passage 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 to serve as their bargaining agent. Adoption of the Resolution would approve the terms and conditions of employment for members of the bargaining unit for 2012 and 2013 and authorize the City Manager to execute the agreement on behalf of the City. A summary of the bargaining agreement is attached to the Resolution as Exhibit “A”. FINANCIAL / ECONOMIC IMPACTS The financial cost impact for 2012 will be approximately $450,000. The financial impact for 2013 is unknown but is estimated to be approximately $390,000, including a 2% salary budget which will vary by position, based on market. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. RESOLUTION 2011-110 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 #3, 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 expired on December 31, 2009; and WHEREAS, the City and the FOP entered into a collective bargaining agreement for 2010 and 2011, which agreement will expire on December 31, 2011; 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 2012 and 2013; 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 2012 and 2013; and WHEREAS, the City Manager has recommended 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 20th day of December A.D. 2011. Mayor ATTEST: City Clerk 1 Exhibit A The City (City of Fort Collins) management and the FOP (Fraternal Order of Police), representing the members of the Fort Collins Police Services Bargaining Unit, have reached a tentative agreement for the 2012-13 contract. The following is a summary of the agreement. 1. General Contract Language: The 2010-11 contract contained certain provisions which were ambiguous, out of date, or rendered obsolete under current law. A number of minor corrections were made to address these issues and bring the contract up to date. 2. Furlough Days: The City and the FOP agreed upon the fundamental ability of the City to use furloughs to manage the budget during difficult times. a. The City and the FOP agreed the City has the sole discretion to manage the budget and implement furlough days as necessary due to budgetary reasons or service prioritization. b. The City agreed to work with Bargaining Unit members through the Labor Management Committee to inform members when furlough days will be implemented and work together to design a method of implementation which minimizes the impact on members of the bargaining unit. 3. Sharing of bargaining expenses (Fair Share): The FOP and the City agreed to a new system which will create an option for all individuals who are covered by the bargaining unit contract to share in the costs of negotiating and maintaining the contract, regardless of their membership in the FOP. 4. Dispatch pay skill levels: The Dispatch skill level was modified from five to six steps with defined skill requirements for each level to accomplish this purpose. 5. RHS (Retirement Health Savings): Because bargaining unit members frequently work in physically demanding positions and under dynamic circumstances, this can result in increased workplace injuries which have a negative effect on bargaining unit members and cause increased costs to the city. a. To address this problem, the City and the FOP have agreed to support a BFO (Budgeting for Outcomes) offer in 2012 to seek funding for a 1% base pay match by the City for Bargaining Unit members existing RHS contributions. b. If the BFO offer is successful, the RHS match would begin in 2013. c. Based on a 2% contribution to RHS (1% from the Bargaining Unit employee and 1% from the City), Bargaining Unit employees can accrue sufficient funding to cover health care costs between retirement age and Medicare eligibility. 6. Long Term Disability and Medicare: Through discussion and research by the City and FOP, it was confirmed Bargaining Unit members who are over the age of 55 and 2 have served more than 25 years as a Police Officer are ineligible for coverage under the State of Colorado’s FPPA (Fire and Police Pension Association) disability program. Additionally, there are 12 members of the bargaining unit who were hired prior to 1986 and the City has not participated in the 1.45% contribution to Medicare for these employees. As a result, these employees are ineligible for Medicare upon retirement. a. The City has agreed to include Bargaining Unit members who are not eligible for FPPA in the City Long Term disability program. b. The City has also agreed to contribute 1.45% of salary which would normally be allocated to Medicare to the individual RHS accounts of the 12 employees who were hired prior to 1986 and not covered by Medicare. 7. Leave Policies: The FOP and the City agreed on a leave policy which is in line with the market, equitable with other City employees, and provides for the health and well- being of bargaining unit employees. a. Sick Leave: i. The Bargaining Unit employees will participate in the standard sick leave policy including STD (Short Term Disability) offered by the City. ii. Bargaining Unit employees will have the ability to roll accrued sick leave from their existing leave amount into their STD bank up to a maximum of 265 hours. b. Vacation: i. Bargaining Unit employees will participate in the standard vacation accrual policy offered by the City. c. Floating Holiday: i. The Bargaining Unit employees will retain one floating holiday. d. Emergency Leave: i. The Emergency Leave policy will be unchanged. 8. Market Compensation Adjustments: The City and the FOP agreed to salary adjustments bringing Bargaining Unit employees as close to market as possible with the available funding provided by City Council. a. The salary adjustments, by position, are as follows: i. Police Officer: 2.0% increase. ii. Police Sergeant: .83% increase. iii. Police Lieutenant: 2.9% increase. iv. Dispatcher: 1.74% increase. v. Dispatch Supervisor: 0.9% increase. vi. Dispatch Manager: 9.9% increase. Consistent with the current contract, salaries for Skill Level 3 and above will also include a performance component. Employees with a 3 rating will be based on the salary adjustments above. An additional $500 is added to salaries for employees with a 4 rating and an additional $1000 is added for those with a 5 rating. Salaries are reduced by $500 for employees with a 2 rating and by $1000 for employees with a 1 rating. 3 In 2013, skill level pay for all positions will be adjusted based on market data using the previously agreed upon comparable jurisdictions. The adjustments cannot exceed an overall 2% increase above 2012 salary levels within the bargaining unit. 9. Unpaid Administrative Leave: a. The FOP and the City agree on the importance of protecting the public trust through the proper use of salary expenditures by the City as well as the significance of providing employees with an equitable due process system. b. The City and the FOP agreed to develop a committee under the direction of the Human Resources Director to research the issue of Unpaid Administrative Leave. The committee will be comprised of representatives from both the FOP and the City. The committee will identify and evaluate the variables related to unpaid administrative leave and prepare a solution which may be included in the next contract negotiation. 1 Exhibit A The City (City of Fort Collins) management and the FOP (Fraternal Order of Police), representing the members of the Fort Collins Police Services Bargaining Unit, have reached a tentative agreement for the 2012-13 contract. The following is a summary of the agreement. 1. General Contract Language: The 2010-11 contract contained certain provisions which were ambiguous, out of date, or rendered obsolete under current law. A number of minor corrections were made to address these issues and bring the contract up to date. 2. Furlough Days: The City and the FOP agreed upon the fundamental ability of the City to use furloughs to manage the budget during difficult times. a. The City and the FOP agreed the City has the sole discretion to manage the budget and implement furlough days as necessary due to budgetary reasons or service prioritization. b. The City agreed to work with Bargaining Unit members through the Labor Management Committee to inform members when furlough days will be implemented and work together to design a method of implementation which minimizes the impact on members of the bargaining unit. 3. Sharing of bargaining expenses (Fair Share): The FOP and the City agreed to a new system which will create an option for all individuals who are covered by the bargaining unit contract to share in the costs of negotiating and maintaining the contract, regardless of their membership in the FOP. 4. Dispatch pay skill levels: The Dispatch skill level was modified from five to six steps with defined skill requirements for each level to accomplish this purpose. 5. RHS (Retirement Health Savings): Because bargaining unit members frequently work in physically demanding positions and under dynamic circumstances, this can result in increased workplace injuries which have a negative effect on bargaining unit members and cause increased costs to the city. a. To address this problem, the City and the FOP have agreed to support a BFO (Budgeting for Outcomes) offer in 2012 to seek funding for a 1% base pay match by the City for Bargaining Unit members existing RHS contributions. b. If the BFO offer is successful, the RHS match would begin in 2013. c. Based on a 2% contribution to RHS (1% from the Bargaining Unit employee and 1% from the City), Bargaining Unit employees can accrue sufficient funding to cover health care costs between retirement age and Medicare eligibility. 6. Long Term Disability and Medicare: Through discussion and research by the City and FOP, it was confirmed Bargaining Unit members who are over the age of 55 and 2 have served more than 25 years as a Police Officer are ineligible for coverage under the State of Colorado’s FPPA (Fire and Police Pension Association) disability program. Additionally, there are 12 members of the bargaining unit who were hired prior to 1986 and the City has not participated in the 1.45% contribution to Medicare for these employees. As a result, these employees are ineligible for Medicare upon retirement. a. The City has agreed to include Bargaining Unit members who are not eligible for FPPA in the City Long Term disability program. b. The City has also agreed to contribute 1.45% of salary which would normally be allocated to Medicare to the individual RHS accounts of the 12 employees who were hired prior to 1986 and not covered by Medicare. 7. Leave Policies: The FOP and the City agreed on a leave policy which is in line with the market, equitable with other City employees, and provides for the health and well- being of bargaining unit employees. a. Sick Leave: i. The Bargaining Unit employees will participate in the standard sick leave policy including STD (Short Term Disability) offered by the City. ii. Bargaining Unit employees will have the ability to roll accrued sick leave from their existing leave amount into their STD bank up to a maximum of 265 hours. b. Vacation: i. Bargaining Unit employees will participate in the standard vacation accrual policy offered by the City. c. Floating Holiday: i. The Bargaining Unit employees will retain one floating holiday. d. Emergency Leave: i. The Emergency Leave policy will be unchanged. 8. Market Compensation Adjustments: The City and the FOP agreed to salary adjustments bringing Bargaining Unit employees as close to market as possible with the available funding provided by City Council. a. The salary adjustments, by position, are as follows: i. Police Officer: 2.0% increase. ii. Police Sergeant: .83% increase. iii. Police Lieutenant: 2.9% increase. iv. Dispatcher: 1.74% increase. v. Dispatch Supervisor: 0.9% increase. vi. Dispatch Manager: 9.9% increase. Consistent with the current contract, salaries for Skill Level 3 and above will also include a performance component. Employees with a 3 rating will be based on the salary adjustments above. An additional $500 is added to salaries for employees with a 4 rating and an additional $1000 is added for those with a 5 rating. Salaries are reduced by $500 for employees with a 2 rating and by $1000 for employees with a 1 rating. 3 In 2013, skill level pay for all positions will be adjusted based on market data using the previously agreed upon comparable jurisdictions. The adjustments cannot exceed an overall 2% increase above 2012 salary levels within the bargaining unit. 9. Unpaid Administrative Leave: a. The FOP and the City agree on the importance of protecting the public trust through the proper use of salary expenditures by the City as well as the significance of providing employees with an equitable due process system. b. The City and the FOP agreed to develop a committee under the direction of the Human Resources Director to research the issue of Unpaid Administrative Leave. The committee will be comprised of representatives from both the FOP and the City. The committee will identify and evaluate the variables related to unpaid administrative leave and prepare a solution which may be included in the next contract negotiation.