HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 12/27/2017 - COMPLETE AGENDACity of Fort Collins Page 1
Wade Troxell, Mayor City Council Chambers
Gerry Horak, District 6, Mayor Pro Tem City Hall West
Bob Overbeck, District 1 300 LaPorte Avenue
Ray Martinez, District 2 Fort Collins, Colorado
Ken Summers, District 3
Kristin Stephens, District 4 Cablecast on FCTV Channel 14
Ross Cunniff, District 5 and Channel 881 on the Comcast cable system
Carrie Daggett Darin Atteberry Delynn Coldiron
City Attorney City Manager City Clerk
The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities
and will make special communication arrangements for persons with disabilities. Please call 221-6515 (V/TDD: Dial
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Special Meeting
Wednesday, December 27, 2017
6:00 p.m.
AMENDED 12/26/2017
• PLEDGE OF ALLEGIANCE
• CALL TO ORDER
• ROLL CALL
Discussion Items
The method of debate for discussion items is as follows:
● Mayor introduces the item number, and subject; asks if formal presentation will be
made by staff
● Staff presentation (optional)
● Mayor requests citizen comment on the item (three minute limit for each citizen)
● Council questions of staff on the item
● Council motion on the item
● Council discussion
● Final Council comments
● Council vote on the item
Note: Time limits for individual agenda items may be revised, at the discretion of the Mayor, to ensure
all citizens have an opportunity to speak. Please sign in at the table in the back of the room.
The timer will buzz when there are 30 seconds left and the light will turn yellow. It will buzz again
at the end of the speaker’s time.
City of Fort Collins Page 2
1. Resolution 2017-116 Approving a Collective Bargaining Agreement with Northern Colorado Lodge #3
of the Fraternal Order of Police.
The purpose of this item is to approve a collective bargaining agreement between the City and the
Northern Colorado Lodge #3, Colorado Fraternal Order of Police (FOP) and authorize execution of
such agreement. After the FOP voted not to ratify a proposed 2018-2019 contract, the parties
returned to the table and tentatively agreed to a one-year contract for 2018. The FOP presented this
contract to their members, and with 91% voting, the contract ratified by a vote of 84% yes and 16%
no. The contract now comes to City Council for consideration, and if approved, will go into effect on
January 1, 2018.
• ADJOURNMENT
Agenda Item 1
Item # 1 Page 1
AGENDA ITEM SUMMARY December 27, 2017
City Council
STAFF
Kelly DiMartino, Assistant City Manager
Jenny Lopez Filkins, Legal
SUBJECT
Resolution 2017-116 Approving a Collective Bargaining Agreement with Northern Colorado Lodge #3 of the
Fraternal Order of Police.
EXECUTIVE SUMMARY
The purpose of this item is to approve a collective bargaining agreement between the City and the Northern
Colorado Lodge #3, Colorado Fraternal Order of Police (FOP) and authorize execution of such agreement.
After the FOP voted not to ratify a proposed 2018-2019 contract, the parties returned to the table and
tentatively agreed to a one-year contract for 2018. The FOP presented this contract to their members, and with
91% voting, the contract ratified by a vote of 84% yes and 16% no. The contract now comes to City Council for
consideration, and if approved, will go into effect on January 1, 2018.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
In August 2004, City voters passed Citizen Ordinance No. 001 which 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 first bargaining agreement was approved in 2006.
Since 2011, the City and FOP have utilized an interested-based bargaining (“IBB”) approach rather than
traditional bargaining. During the IBB sessions, the City worked toward the following goals:
• Fostering and preserving public trust and ensuring community safety
• Consistency and equity of policies and benefits as compared to other City employees,
recognizing the unique characteristics of police work
• Maintaining market-competitiveness with other Front Range police agencies
• Preserving the authority of City Council to make final decisions on contract terms
• Good stewardship of community resources
The parties were unable to reach tentative agreement on an initial contract, and FOP members voted not to
ratify the proposed contract for 2018-2019, as outlined in Exhibit “A.” City Council discussed the status of the
agreement on December 19 and directed both parties to return to the bargaining table.
The parties returned to the table and tentatively agreed to a one-year contract for 2018. In addition to the
original 2018 provisions, the revised proposal included the following changes:
• One-year contract term for a more immediate opportunity to consider Total Compensation/Retiree
Medical recommendations
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Agenda Item 1
Item # 1 Page 2
• Specific timeline and process commitments whereby City will review options and solicit proposals for
retiree medical; a joint committee of City staff and FOP representatives will present a proposal to
Council Finance Committee for consideration by August 1, 2018
• 10% of employee’s sick leave balance will be deposited into RHS at the end of the year (maximum
sick leave hours is 120, so maximum benefit would be 12 hours per year)
• For 2018 only, provide a $50,000 stipend to anyone who retires (age 55 or older with 20+ years of
service); this is a one-time benefit while the Total Compensation Committee reviews options for 2019
• CBU members will receive salary increases at least equal to that of other City employees
• Agency to pay for Level 3A body armor and timing of boot allowance changed from $80 every year to
$160 every two years
• Procedural change that limits the number of employee representatives that may present information to
a grievance hearing officer
Adoption of the Resolution would approve the terms and conditions of employment for members of the
bargaining unit for 2018 and 2019 and authorize the City Manager to executive the agreement on behalf of the
City. The proposed Collective Bargaining Agreement is on file with the City Clerk’s Office. A summary of the
bargaining agreement is attached to the Resolution as Exhibit “B.”
CITY FINANCIAL IMPACTS
The cost for the addition of the 401 retirement contributions is approximately $120,000 per year. The Retiree
Health Savings match is approximately $50,000 in 2018, and the anticipated cost for converting 10% of sick
leave balance into RHS is $80,000, up to a max of $120,000. Additionally, the 2018-19 proposed contract
includes a one-time stipend for employees age 55 or older with 20+ years of service who retire in 2018. If all 9
employees who meet these criteria retired in 2018 the total cost would be $450,000. A more likely projected
cost based on anticipated retirements is $150,000. Per the contract, compensation data to determine final
ranges for 2018 will be reviewed in January.
ATTACHMENTS
1. Memo December 19 Update (PDF)
2. Exhibit B Summary 2018 Bargaining Agreement (PDF)
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City Manager’s Office
PO Box 580
300 LaPorte Ave.
Fort Collins, CO 80522
970.221.6505
970.224.6107 - fax
fcgov.com
Date: December 19, 2017
To: Mayor Troxell and City Councilmembers
Through: Darin Atteberry, City Manager
From: Kelly DiMartino, Assistant City Manager
Re: Update on Collective Bargaining Efforts with Fraternal Order of Police (FOP)
Bottom Line:
The City bargained in good faith and presented a proposal that is market-competitive
and appropriately maintains overall stewardship of City resources. Despite this, the City
and FOP were unable to come to tentative agreement, based primarily on disagreement
over whether the City is market-competitive for retirement benefits. There are
approximately 245 officers, Community Service Officers, and dispatchers in the
Collective Bargaining Unit (CBU). Of that number, 191 are FOP members and eligible to
vote on the contract. On December 14, the majority of FOP members voted not to ratify
the proposed contract. The City is discouraged by this, and continues to attempt to
work with FOP leadership to find an acceptable outcome. If no outcome is found, the
existing contract will expire on December 31, 2017.
Background:
Since May 2017, the City of Fort Collins has been negotiating with the FOP Lodge #3
regarding a contract for 2018-2019. During the interest-based bargaining sessions, the
City worked toward the following goals:
Fostering and preserving public trust and ensuring community safety
Consistency and equity of policies and benefits as compared to other City
employees, recognizing the unique characteristics of police work
Maintaining market-competitiveness with other Front Range police
agencies
Preserving the authority of City Council to make final decisions on contract
terms
Good stewardship of community resources
The primary concern stated by the FOP has been that they perceive retirement benefits
to be inadequate. Their desire is for officers to be able to retire at age 55, which is the
earliest someone can retire and withdraw full benefits from the City’s 401/457 accounts.
When reviewing the City’s market-competitiveness, the City and the FOP jointly agreed
to 12 benchmark jurisdictions in Colorado. This is the benchmark pool that has been
reviewed for compensation, retirement, and retiree medical benefits. The City also
utilizes hiring and turnover data to watch for trends that could indicate changes in
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Attachment: Memo December 19 Update (6335 : Collective Bargaining)
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market-competitiveness. Finally, the City considers how the benefits and offerings for
the CBU compared to other City employees.
This memo outlines the information that was used in developing the proposed contract.
Compensation: As agreed upon in previous contract negotiations, Fort Collins police
are compensated halfway between the fourth and fifth highest jurisdictions. This has
resulted in salary increases exceeding the budgeted amount for Police Services by
approximately $150,000 each year. The comparison pay rankings from 2017 are
attached to this memo.
Retirement: The average retirement contribution from benchmark jurisdictions is 11.2%
in 2018 and 11.4% in 2019. Currently bargaining unit members receive an 11%
contribution. The City’s proposal added .5% for a total of 11.5% in retirement
contributions, which is slightly above the average of the benchmark comparisons and
1% above the median. The cost of this addition is approximately $120,000 annually.
Organization** 2018 % contributions 2019 % contributions 2017 Salary Rank
City of Denver 8.0 8.0 2
City of Westminster 10.0 10.0 8
City of Arvada 10.0 10.0 7
City of Broomfield 10.0 10.0 9
City of Longmont 10.0 10.0 11
City of Aurora 10.5 10.5 1
City of Greeley 10.5 10.5 10
City of Thornton 11.0 11.0 6
City of Lakewood 11.6 13.2 4
City of Boulder 13.8 13.8 3
Larimer County
14.2
(Inc. 6.2 SS)
14.2
(Inc. 6.2% SS)
13
City of Loveland 15.0 15.0 12
Average 11.2 11.4
Median 10.5 10.5
City of Fort Collins 11.5 11.5 5
**Organizations highlighted in blue offer defined benefit pension programs.
Retiree Medical: 10 of 12 benchmark jurisdictions allow retirees to remain on City
insurance. Fort Collins does not allow retirees to remain on health insurance and has
declined FOP requests for CBU members to retain coverage as the estimated liability of
keeping retired bargaining unit members on the plan from age 55 – 65 is more than $5
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Attachment: Memo December 19 Update (6335 : Collective Bargaining)
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million. Instead, the City provides additional contributions into a Retirement Health
Savings (RHS) Account for CBU members to allow them to retire at an earlier age than
other City employees. This benefit is only offered to CBU members. RHS contributions
are provided according to the schedule below. The proposed contract increased RHS
contributions by .25% in 2018, and another .25% in 2019. The cost of this addition is
approximately $50,000 in 2018 and approximately $120,000 in 2019.
Proposed RHS Contribution Schedule:
Years of Service 2017 2018 2019
0-9.99 1.0% 1.25% 1.5%
10-19.99 1.25% 1.5% 1.75%
20+ 1.5% 1.75% 2.0%
Additionally, the proposed contract would have provided a one-time stipend into the
RHS upon retirement to further offset medical costs. Depending on the number of
people who retire, the maximum cost of the stipend is estimated at $230,000 over the
two-year contract.
Year Stipend Amount
2018 $20,000
2019 $18,000
2020 $15,000
2021 $12,000
2022 $9,000
2023 $6,000
Overall Market-Competitiveness: Recognizing that both parties share an interest to
remain market competitive, yet have differing views about what that means, the proposed
contract includes a commitment to further discussions on this topic. The City agreed to
meet with FOP representatives to discuss the approach, relevant data, and views related
to the City’s total compensation philosophy as it applies to the CBU.
Comparison to Other City Employees: In multiple conversations with the FOP, they
referenced the City contributions to other employees in comparison to what CBU
members receive. While total contributions are similar, the impact to employees are quite
different. Nearly half of the City contribution for non-CBU employees goes into the Social
Security Trust fund, which then pays retirees a benefit based on an indexed monthly
earning rate of the 35 highest grossing years of a person’s career. Employees have no
control of the Social Security Trust fund or their contributions and these funds cannot be
invested in the same way that 401, 457, or RHS accounts can be.
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Attachment: Memo December 19 Update (6335 : Collective Bargaining)
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2017
Employer
Contributions
401 457
RHS
(0‐
9.99)
RHS
(10‐
19.99)
RHS
(20+)
Social
Security*
Retiree
Medical
Stipend
TOTAL
(0‐9.99)
TOTAL
(10‐
19.99)
TOTAL
(20+)
CBU 8.00% 3.00% 1.00% 1.25% 1.50% 0.00% No 12.00% 12.25% 12.50%
Non‐CBU 6.50% 0.00% 0.00% 0.00% 0.00% 6.20% No 12.70% 12.70% 12.70%
2018
Employer
Contributions
401 457
RHS
(0‐
9.99)
RHS
(10‐
19.99)
RHS
(20+)
Social
Security*
Retiree
Medical
Stipend
TOTAL
(0‐9.99)
TOTAL
(10‐
19.99)
TOTAL
(20+)
CBU 8.50% 3.00% 1.25% 1.50% 1.75% 0.00% Yes 12.75% 13.00% 13.25%
Non‐CBU 6.50% 0.00% 0.00% 0.00% 0.00% 6.20% No 12.70% 12.70% 12.70%
2019
Employer
Contributions
401 457
RHS
(0‐
9.99)
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This data indicates that we continue to attract high numbers of interested applicants.
We continue to meet hiring needs for vacancies and expansion. Additionally, we have
retained high hiring standards and continue to retain high-quality candidates.
Annual Turnover Rates (Classified/Unclassified Management)
Year Police Services City
2015 7.0% 10.97%
2016 4.81% 9.03%
2017 (thru 11/30) 6.76% 8.05%
From 2015 thru December 2017, 23 sworn officers left FCPS for the following reasons:
o 60.8% (14) Retired
o 13% (3) Went to another agency
o 8.7% (2) Left FCPS, but returned to be rehired as officers
o 8.7% (2) Resigned from law enforcement
o 8.7% (2) Were terminated
Conflict Resolution
In November, the FOP brought a new request forward, asking to include a provision in
the agreement about arbitration similar to language the Poudre Fire Authority agreed to
in a recently-negotiated agreement. Negotiations between the Poudre Fire Authority and
the employee bargaining representative were subject to a state statute recently passed
governing collective bargaining with firefighters, not police employees.
Next Steps
The City asked the FOP board to take a modified proposal back to their members that
would offer these contract terms for a period of one year rather than two, with an intent
to continue jointly working on the issues which have been raised. FOP leadership has
indicated that they cannot take a contract back to their members that does not provide
at least two of three requests. Those include:
A Contract resolution procedure similar to Poudre Fire Authority's
Allow CBU members to stay on City health insurance after retirement
Increase City contribution to 9% for 401 retirement plans and to 4% for 457
retirement plans.
The existing contract will expire on December 31, 2017, at which point it will be at City
leadership’s discretion as to which terms and conditions of employment apply to
bargaining unit members. Neither FOP nor bargaining unit employees are permitted to
withhold services to the City by means of strike, slowdown, stoppage of work or
abnormal absenteeism. Should the parties be unable to reach agreement, City staff
recommends that the City continue to act in good faith by voluntarily extending current
(2017) retirement and health benefits, and implement 2018 pay increases.
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Attachment: Memo December 19 Update (6335 : Collective Bargaining)
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Cc: Teresa Roche, Chief Human Resources Officer
Greg Yeager, Deputy Chief of Police
Tyler Marr, Policy and Project Analyst
Steve Engemoen, Sr. Compensation Analyst
Keen Garbiso, Benefits Manager
Jenny Lopez-Filkins, Sr. Assistant City Attorney
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Attachment: Memo December 19 Update (6335 : Collective Bargaining)
EXHIBIT “B”
Summary of the 2018 Bargaining Agreement
The City of Fort Collins (City) management and the Fraternal Order of Police (FOP),
representing the members of the Fort Collins Police Services Bargaining Unit, have bargained in
good faith since July 2017, to develop a proposed 2018-2019 collective bargaining agreement.
After initially failing to reach tentative agreement or ratify a proposed contract, the parties
reconvened and reached tentative agreement on a one-year contract. The FOP ratified the
agreement on December 23. Following is a summary of all changes from the 2017 contract:
Provision Explanation Approx. 2018
Cost
1-year Contract Term More immediate opportunity to consider
Total Compensation/Retiree Medical
recommendations
Add .5% to 401 (total 11.5%
in 401/457)
Keeps retirement contributions above
11.2% market average
$120k
Add .25% to RHS Increases contributions to 1.25%, 1.5% or
1.75% depending on years of service
$50k
Pay 10% of sick leave
balance into RHS at end of
year
Max sick leave hours is 120, so max
benefit would be 12 hours per year
$80k (max
$120k)
$50,000 stipend to retirees in
2018; age 55 and 20+ years
service
One-time benefit while Total Compensation
Committee reviews options for 2019
$150k (Max
$450k)
$15k stipend for RHS to any
employee deemed
permanently disabled
Ongoing benefit Negligible
Total Compensation Review Joint committee with City/FOP; solicit
proposals and present option(s) for retiree
medical to Council Finance Committee by
Aug. 1
Maintain salary ranking
between 4th and 5th positions
Continue existing approach; salary data
available in January
CBU members will receive
salaries at least equal to that
of other City employees
Ensures equal or greater salaries for CBU
members, even if market formula is lower
Complaint Review Process Complaints alleging discrimination,
retaliation or harassment will now go to
City Manager’s Office; incorporates three-
person impartial review panel & oversight
by Equal Opportunity & Compliance
Manager
Increases cap for FOP Leave
Bank
EXHIBIT “B”
Increases compensation for
FTO
Field Training Officers will receive 9
minutes of additional straight time rather
than 6 for every hour they train
Policy consistency Adds a vacation day for employees with
19+ years of service; updates emergency
leave; clarifies one health plan; adjusts
leave benefit year
Employees who work on
holidays will receive double-
time
Increases from 1.5 time now
Agency to pay for Level 3A
body armor
Increasing level of protection
Change timing of boot
allowance
Changes from $80 every year to $160
every two years
Schedule clarifications Set seniority bidding for corporals and
solidified paid break schedule for officers,
CSOs and dispatchers
Grievance hearings Limits number of employee representatives
that may present information to grievance
hearing officer
Educational reimbursement Chief of Police can increase beyond
contract minimum of $1,000/year
Language changes Minor language changes to fix titles, add
clarity, etc . . .
Additional details about each of these changes is provided below:
One-Year Agreement: If ratified by both parties, the period of this contract shall be from
January 1, 2018 to December 31, 2018. The parties will work toward a 3-year contract for the
following period.
Market Competitive Retirement: The City collects comparative market data from 12 regional
organizations. Retirement contributions in regional benchmark organizations are increasing. To
remain competitive, the City will contribute an additional .5%, bringing the total City contribution
for retirement to 11.5%. This is slightly above the market average of 11.2%.
Retiree Medical: The primary concern heard from FOP members is that the City does not allow
retirees to remain on their medical insurance, as do 10 of the 12 benchmark organizations. The
City has taken an alternate approach to help bridge the gap for medical costs between their
retirement and reaching Medicare-eligibility age by providing a match to Bargaining Unit
employees’ contributions in a Retirement Health Savings (RHS) Account. The 2018 proposed
contract includes four enhancements in retiree medical:
1. An additional .25% increase to the match, as depicted in the following schedule:
Years of Service at
FCPS
Current Percent of
Contribution (Employer &
Employee)
2018
0-9.99 years 1.00% 1.25%
10-19.99 years 1.25% 1.50%
20 years until
retirement
1.50% 1.75%
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Attachment: Exhibit B Summary 2018 Bargaining Agreement (6335 : Collective Bargaining)
EXHIBIT “B”
2. At the end of each year, the City will pay out 10% of an employee’s sick leave balance; it will
be added to the employee’s Retirement Health Savings Account. Ex. An employee ends the
year with 80 hours in their sick leave bank. They receive 8 hours (10%) of straight time value
deposited into their Retirement Health Savings Account.
3. For 2018, a one-time $50,000 stipend will be awarded upon retirement to employees age 55
years or older, with 20 or more years of service to FCPS.
4. Employees who have not met the eligibility criteria of 55 years and completed 20 years or
more of continuous employment, if deemed permanently disabled via FPPA or the City’s
long-term disability carrier, once separated from employment, shall be eligible to receive a
one-time stipend in the amount of fifteen thousand dollars ($15,000), which will be deposited
into the Retirement Health Savings (RHS) Plan, offered by the City.
Total Compensation Review: A commitment was made to form a Total Compensation
Committee to research Retirement Plans, Total Compensation Packages, and Retiree Medical
Care. The City will issue a request for information in Q1, and a formal request for proposals for
services relating to retiree healthcare in Q2, and after review by the Total Compensation
Committee, will bring a recommendation to the City Council Finance Committee by August 1,
2018 for consideration.
Compensation: The current contract identifies 12 comparison organizations for setting pay
and benefits. CBU members receive salary increases halfway between the fourth and fifth
ranked organizations. This contract adds a condition that in the event salary increases are
granted to the rest of the City of Fort Collins employees in excess of the percentage increases
determined by the formula outlined in the contract, BU members will receive the higher of the
two increases. Additionally, this proposal added language so that newly formed Weld County
and Jefferson County Regional Communications Centers may be considered rather than the
prior separate agencies when gathering current compensation data for Communications
Dispatchers, Supervisors, and the Manager.
Complaint Review Process: The City has established an Equal Opportunity Office in the City
Manager’s Office where any employee may file a complaint alleging discrimination, retaliation or
harassment. This proposed contract updates articles 34 and 36 to utilize a similar process for
members of the bargaining unit. It also provides enhances accountability for both the public and
employees by including an impartial, three-person review panel to review the sufficiency of the
investigation. The three-member review panel will be made up of an employment legal expert
retained by the City, a member of the Collective Bargaining Unit with no less than five years of
service as an employee of Fort Collins Police Services and a City of Fort Collins management
level employee who is not employed by Fort Collins Police Services.
FOP Leave Banks: The current contract authorizes employees to donate no more than six
hours of leave time per benefit year to a FOP Leave Time Bank, and caps the total amount of
time that can be carried over in the bank to 360 hours. This increases the cap to ten hours per
individual and the bank to 400 hours. Donations remain voluntary.
Meetings: The current contract allows for overtime pay for CBU employees attending
mandatory Training Officer (Police and Dispatch) meetings beyond their 40-hour work week.
This proposal brings the Article into compliance with practice so that CBU employees attending
any mandatory Agency meetings are allowed the same compensation.
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Attachment: Exhibit B Summary 2018 Bargaining Agreement (6335 : Collective Bargaining)
EXHIBIT “B”
FTO Time: Field Training Officers are currently provided 6 minutes of additional straight time
compensation for every hour they train new officers (i.e. 1 hour of straight pay for every 10-hour
shift). The proposal increases that compensation to 9 minutes of additional straight time for
every hour they train (i.e. 1.5 hours of straight pay for every 10-hour shift).
Vacation Time: This proposed contract aligns the vacation accrual rate for employees with 19
years of service or more with that of other City employees. Employees with 19-20 years of
service will now receive 7.38 hours per pay period (24 days annually) and employees with 20+
years of service will receive 7.69 hours (25 days annually).
Holiday Pay: The current contract pays CBU members overtime (1.5) compensation for
working mandatory assignments on a holiday (actual or observed) when it is their normal day
off. This proposal adds .5 hour compensation to every hour a CBU member mandatorily works
on a City-recognized holiday when it is not part of their normal work schedule. They would be
paid double (2:1) for every hour worked on an actual holiday or a City-designated holiday.
Uniforms & Equipment: Added the purchase of Level 3A body armor at Agency expense and
changed boot reimbursement from $80/year to $160 every other year.
Emergency Leave: Changed language to bring CBA Article in line with existing City policy with
no loss to either party.
Insurance: The current contract retains language from prior years when the City offered more
than one medical insurance plan. The proposal removes the letter “s” from the word “plans” to
bring the Article in line with the recent past, and current, offering.
Sick Leave: To improve efficiency and simplify administration, the City plans to adjust its sick
leave time period to coincide with the “leave benefit year,” rather than sick leave being on a
calendar year. This will have a minimal impact for the first year of the contract in that employees
would have two weeks less to use accumulated sick leave for planned medical procedures, and
no impact in future years. Additionally, employees who were previously required to give 90 days
notice before being out on pregnancy leave will now be required to provide only 30 days notice.
Seniority: Included language for long-held positions not specifically listed in the current
contract, added language for new positions (ie. CSO Supervisor), and set seniority bidding for
Corporals.
Scheduling: Clarified and solidified paid break schedule for Patrol Officers, CSOs, and
Dispatchers.
Grievance hearings: Added language limiting the number of employee representatives that
may present information to a grievance hearing officer
Educational Reimbursement: This proposal modifies the Article to allow the City to increase
educational reimbursement beyond the contract minimum ($1,000/year) upon issuance of a
written memo with the permission of the Chief of Police.
Language Changes: Each bargaining session, the FOP and the City agree to make minor
language changes in order to add clarity, clean up inconsistences, match practice, or fix errors.
As an example, the titles of Assistant Chief and Deputy Chief were exchanged to bring the
Agency in line with the pending Job Architecture and existing regional rank structures.
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Attachment: Exhibit B Summary 2018 Bargaining Agreement (6335 : Collective Bargaining)
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RESOLUTION 2017-116
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING A COLLECTIVE BARGAINING AGREEMENT WITH
NORTHERN COLORADO LODGE #3 OF 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, in 2006, the City and the FOP entered into a collective bargaining
agreement for 2006-2007 and, since that time, the parties have approved and executed
subsequent agreements for each ensuring two-year period; and
WHEREAS, the latest such agreement will expire on December 31, 2017; and
WHEREAS, the City and the FOP have, pursuant to the provisions of the Ordinance,
again engaged in negotiations regarding the terms and conditions of a new collective bargaining
agreement for 2018 and 2019; and
WHEREAS, the City Manager has recommended the City Council approve of such
agreement; and
WHEREAS, on December 23, 2017, the members of the collective bargaining unit voted
to approve and ratify that certain collective bargaining agreement, a copy of which is on file in
the office of the City Clerk; and
WHEREAS, the City Council, having considered the terms and conditions of the
proposed 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 as follows:
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Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the 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 special meeting of the Council of the City of Fort Collins this
27th day of December A.D. 2017.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
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Summary of the 2018 Bargaining Agreement
The City of Fort Collins (City) management and the Fraternal Order of Police (FOP),
representing the members of the Fort Collins Police Services Bargaining Unit, have bargained in
good faith since July 2017, to develop a proposed 2018-2019 collective bargaining agreement.
After initially failing to reach tentative agreement or ratify a proposed contract, the parties
reconvened and reached tentative agreement on a one-year contract. The FOP ratified the
agreement on December 23. Following is a summary of all changes from the 2017 contract:
Provision Explanation Approx. 2018
Cost
1-year Contract Term More immediate opportunity to consider
Total Compensation/Retiree Medical
recommendations
Add .5% to 401 (total 11.5%
in 401/457)
Keeps retirement contributions above
11.2% market average
$120k
Add .25% to RHS Increases contributions to 1.25%, 1.5% or
1.75% depending on years of service
$50k
Pay 10% of sick leave
balance into RHS at end of
year
Max sick leave hours is 120, so max
benefit would be 12 hours per year
$80k (max
$120k)
$50,000 stipend to retirees in
2018; age 55 and 20+ years
service
One-time benefit while Total Compensation
Committee reviews options for 2019
$150k (Max
$450k)
$15k stipend for RHS to any
employee deemed
permanently disabled
Ongoing benefit Negligible
Total Compensation Review Joint committee with City/FOP; solicit
proposals and present option(s) for retiree
medical to Council Finance Committee by
Aug. 1
Maintain salary ranking
between 4th and 5th positions
Continue existing approach; salary data
available in January
CBU members will receive
salaries at least equal to that
of other City employees
Ensures equal or greater salaries for CBU
members, even if market formula is lower
Complaint Review Process Complaints alleging discrimination,
retaliation or harassment will now go to
City Manager’s Office; incorporates three-
person impartial review panel & oversight
by Equal Opportunity & Compliance
Manager
Increases cap for FOP Leave
Bank
Increases cap from 6 – 10 hours per
Increases compensation for
FTO
Field Training Officers will receive 9
minutes of additional straight time rather
than 6 for every hour they train
Policy consistency Adds a vacation day for employees with
19+ years of service; updates emergency
leave; clarifies one health plan; adjusts
leave benefit year
Employees who work on
holidays will receive double-
time
Increases from 1.5 time now
Agency to pay for Level 3A
body armor
Increasing level of protection
Change timing of boot
allowance
Changes from $80 every year to $160
every two years
Schedule clarifications Set seniority bidding for corporals and
solidified paid break schedule for officers,
CSOs and dispatchers
Grievance hearings Limits number of employee representatives
that may present information to grievance
hearing officer
Educational reimbursement Chief of Police can increase beyond
contract minimum of $1,000/year
Language changes Minor language changes to fix titles, add
clarity, etc . . .
Additional details about each of these changes is provided below:
One-Year Agreement: If ratified by both parties, the period of this contract shall be from
January 1, 2018 to December 31, 2018. The parties will work toward a 3-year contract for the
following period.
Market Competitive Retirement: The City collects comparative market data from 12 regional
organizations. Retirement contributions in regional benchmark organizations are increasing. To
remain competitive, the City will contribute an additional .5%, bringing the total City contribution
for retirement to 11.5%. This is slightly above the market average of 11.2%.
Retiree Medical: The primary concern heard from FOP members is that the City does not allow
retirees to remain on their medical insurance, as do 10 of the 12 benchmark organizations. The
City has taken an alternate approach to help bridge the gap for medical costs between their
retirement and reaching Medicare-eligibility age by providing a match to Bargaining Unit
employees’ contributions in a Retirement Health Savings (RHS) Account. The 2018 proposed
contract includes four enhancements in retiree medical:
1. An additional .25% increase to the match, as depicted in the following schedule:
Years of Service at
FCPS
Current Percent of
Contribution (Employer &
Employee)
2018
0-9.99 years 1.00% 1.25%
10-19.99 years 1.25% 1.50%
20 years until
retirement
1.50% 1.75%
EXHIBIT "A"
a
Packet Pg. 18
Attachment: Exhibit A (6336 : Collective Bargaining RES)
2. At the end of each year, the City will pay out 10% of an employee’s sick leave balance; it will
be added to the employee’s Retirement Health Savings Account. Ex. An employee ends the
year with 80 hours in their sick leave bank. They receive 8 hours (10%) of straight time value
deposited into their Retirement Health Savings Account.
3. For 2018, a one-time $50,000 stipend will be awarded upon retirement to employees age 55
years or older, with 20 or more years of service to FCPS.
4. Employees who have not met the eligibility criteria of 55 years and completed 20 years or
more of continuous employment, if deemed permanently disabled via FPPA or the City’s
long-term disability carrier, once separated from employment, shall be eligible to receive a
one-time stipend in the amount of fifteen thousand dollars ($15,000), which will be deposited
into the Retirement Health Savings (RHS) Plan, offered by the City.
Total Compensation Review: A commitment was made to form a Total Compensation
Committee to research Retirement Plans, Total Compensation Packages, and Retiree Medical
Care. The City will issue a request for information in Q1, and a formal request for proposals for
services relating to retiree healthcare in Q2, and after review by the Total Compensation
Committee, will bring a recommendation to the City Council Finance Committee by August 1,
2018 for consideration.
Compensation: The current contract identifies 12 comparison organizations for setting pay
and benefits. CBU members receive salary increases halfway between the fourth and fifth
ranked organizations. This contract adds a condition that in the event salary increases are
granted to the rest of the City of Fort Collins employees in excess of the percentage increases
determined by the formula outlined in the contract, BU members will receive the higher of the
two increases. Additionally, this proposal added language so that newly formed Weld County
and Jefferson County Regional Communications Centers may be considered rather than the
prior separate agencies when gathering current compensation data for Communications
Dispatchers, Supervisors, and the Manager.
Complaint Review Process: The City has established an Equal Opportunity Office in the City
Manager’s Office where any employee may file a complaint alleging discrimination, retaliation or
harassment. This proposed contract updates articles 34 and 36 to utilize a similar process for
members of the bargaining unit. It also provides enhances accountability for both the public and
employees by including an impartial, three-person review panel to review the sufficiency of the
investigation. The three-member review panel will be made up of an employment legal expert
retained by the City, a member of the Collective Bargaining Unit with no less than five years of
service as an employee of Fort Collins Police Services and a City of Fort Collins management
level employee who is not employed by Fort Collins Police Services.
FOP Leave Banks: The current contract authorizes employees to donate no more than six
hours of leave time per benefit year to a FOP Leave Time Bank, and caps the total amount of
time that can be carried over in the bank to 360 hours. This increases the cap to ten hours per
individual and the bank to 400 hours. Donations remain voluntary.
Meetings: The current contract allows for overtime pay for CBU employees attending
mandatory Training Officer (Police and Dispatch) meetings beyond their 40-hour work week.
This proposal brings the Article into compliance with practice so that CBU employees attending
any mandatory Agency meetings are allowed the same compensation.
EXHIBIT "A"
a
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Attachment: Exhibit A (6336 : Collective Bargaining RES)
FTO Time: Field Training Officers are currently provided 6 minutes of additional straight time
compensation for every hour they train new officers (i.e. 1 hour of straight pay for every 10-hour
shift). The proposal increases that compensation to 9 minutes of additional straight time for
every hour they train (i.e. 1.5 hours of straight pay for every 10-hour shift).
Vacation Time: This proposed contract aligns the vacation accrual rate for employees with 19
years of service or more with that of other City employees. Employees with 19-20 years of
service will now receive 7.38 hours per pay period (24 days annually) and employees with 20+
years of service will receive 7.69 hours (25 days annually).
Holiday Pay: The current contract pays CBU members overtime (1.5) compensation for
working mandatory assignments on a holiday (actual or observed) when it is their normal day
off. This proposal adds .5 hour compensation to every hour a CBU member mandatorily works
on a City-recognized holiday when it is not part of their normal work schedule. They would be
paid double (2:1) for every hour worked on an actual holiday or a City-designated holiday.
Uniforms & Equipment: Added the purchase of Level 3A body armor at Agency expense and
changed boot reimbursement from $80/year to $160 every other year.
Emergency Leave: Changed language to bring CBA Article in line with existing City policy with
no loss to either party.
Insurance: The current contract retains language from prior years when the City offered more
than one medical insurance plan. The proposal removes the letter “s” from the word “plans” to
bring the Article in line with the recent past, and current, offering.
Sick Leave: To improve efficiency and simplify administration, the City plans to adjust its sick
leave time period to coincide with the “leave benefit year,” rather than sick leave being on a
calendar year. This will have a minimal impact for the first year of the contract in that employees
would have two weeks less to use accumulated sick leave for planned medical procedures, and
no impact in future years. Additionally, employees who were previously required to give 90 days
notice before being out on pregnancy leave will now be required to provide only 30 days notice.
Seniority: Included language for long-held positions not specifically listed in the current
contract, added language for new positions (ie. CSO Supervisor), and set seniority bidding for
Corporals.
Scheduling: Clarified and solidified paid break schedule for Patrol Officers, CSOs, and
Dispatchers.
Grievance hearings: Added language limiting the number of employee representatives that
may present information to a grievance hearing officer
Educational Reimbursement: This proposal modifies the Article to allow the City to increase
educational reimbursement beyond the contract minimum ($1,000/year) upon issuance of a
written memo with the permission of the Chief of Police.
Language Changes: Each bargaining session, the FOP and the City agree to make minor
language changes in order to add clarity, clean up inconsistences, match practice, or fix errors.
As an example, the titles of Assistant Chief and Deputy Chief were exchanged to bring the
Agency in line with the pending Job Architecture and existing regional rank structures.
EXHIBIT "A"
a
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Attachment: Exhibit A (6336 : Collective Bargaining RES)
individual, and the total bank from 360 to
400 hours
Clarifies OT policy for CBU
employees attending any
mandatory Agency meeting
EXHIBIT "A"
a
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Attachment: Exhibit A (6336 : Collective Bargaining RES)
Increases cap from 6 – 10 hours per
individual, and the total bank from 360 to
400 hours
Clarifies OT policy for CBU
employees attending any
mandatory Agency meeting
1.2
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Attachment: Exhibit B Summary 2018 Bargaining Agreement (6335 : Collective Bargaining)
RHS
(10‐
19.99)
RHS
(20+)
Social
Security*
Retiree
Medical
Stipend
TOTAL
(0‐9.99)
TOTAL
(10‐
19.99)
TOTAL
(20+)
CBU 8.50% 3.00% 1.50% 1.75% 2.00% 0.00% Yes 13.00% 13.25% 13.50%
Non‐CBU 6.50% 0.00% 0.00% 0.00% 0.00% 6.20% No 12.70% 12.70% 12.70%
* Social Security is calculated by average indexed monthly earnings during the 35
years in which you earned the most. Average monthly benefit $1,391 (June 2017)
*Based on the SSA’s 2015 report, the trust is on track to be depleted in 2034, at which
point the system will be able to pay 79% of benefits from ongoing tax revenue
Hiring & Retention
The City and the FOP have a shared interest in ensuring that FCPS is attracting and
retaining top-quality candidates. The City believes FCPS remains a desired location
with solid recruitment groups of certified (experienced) and non-certified (new)
personnel. Recruitment and retention data shows the following trends:
2015-1 2015-2 2015-3 2016-1
224 Applications
4 Final interview
4 Hired (4-
certified)
200 Applications
4 Final
interview
3 Hired (0
certified)
72 Applications
3 Final interview
1 Hired (lost 1 post
offer)
232 Applications
8 Final Interview
7 Hired (5-
certified)
2016-2 2017-1 2017-2 2018-1
(In Progress)
227 Applications
2 Final interview
2 Hired (1-
certified)
288 Applications
12 Final
interview
10 Hired (4-
certified)
263 Applications
11 In backgrounds
9 Hired (1-
certified)
185 Applications
130
Interviews
1.1
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Attachment: Memo December 19 Update (6335 : Collective Bargaining)