Legislative Hearing City of Sarasota/ SW Florida PBA November 7, 2016

Introduction Part of FS 447 Impasse Process – Purpose of Legislative Hearing Part of FS 447 Impasse Process – to resolve the disputed collective bargaining agreement (CBA) issues between the City and the Union After Special Magistrate’s Recommended Order Address the items rejected by the Parties Parties will each present their position on these rejected issues

Purpose of Legislative Hearing Introduction Purpose of Legislative Hearing “ [T]he legislative body shall take such action as it deems to be in the public interest, including the interest of the public employees involved, to resolve all disputed impasse issues” FS 447.403(4)(d)

Time Line July 2013 Negotiations Commenced July 2015 City Declared Impasse December 2015 City Paid Lump Sum Payment to Union – No CBA Changes June 7 & 8, 2016 Impasse Hearing Held August 10, 2016 Recommended Order September 1, 2016 Parties’ Rejections* September 12, 2016 City’s Recommendations September 16, 2016 Union’s Recommendations September 28, 2016 Union Package *Insulated Period Commenced

Collective Bargaining Agreements Two CBA’s with the Southwest Florida PBA Officers and Sergeants Lieutenants

Impasse Issues to be Resolved Wages Hours of Work - Overtime & Shift Differential Vacation Community Policing Promotional Process Management Rights Appendix G General Order 601 Length of Agreement

Impasse Issues to be Resolved Wages – Article 7 - base pay Hours of Work, Overtime & Shift Differential – Article 9 - work period, how overtime is calculated, delete premium pay & amount of shift differential Community Policing – Article 19 - Minimum Staffing, Vacation Slots, Shift Length, Start Times

Impasse Issues to be Resolved Promotional Process - Article 23 Management Rights - Articles 2 & 3 definitional language in two articles Duration - Article 27* 3 years from 2014 * undisputed by the Parties during the Impasse Hearing

Union “Waiver” Allegation Relinquishing a legal right Must be “Clear and Unmistakable” Union alleges the CBA language in: Definitions Management Rights and Community Policing Articles include “waivers” Long term language and the City’s intent has never been a “waiver” Questions posed directly to the union during hearing Goal this evening is to resolve any “waiver” issue

Union “Rejected Issues” Allegation Rejected Items Union alleged that there are items that are not properly “rejected” and therefore not properly before the Commission We will articulate each and every reason for rejection and will advise if we defer to the Magistrate’s recommendation

The City’s Recommendation WAGES Article 7

Current Pay Structure Specialty Pays Residential Pay “Step Plan” 2.13 % between “steps” for this annual increase 1-12 steps first 12 years annual increase 20th year additional step 58% of employees are in step wage progression Specialty Pays Residential Pay Shift Differential

Median Police Officer Base Pay* 2016 * All Comparators

Officer Wage Schedule Appendix D End of Year Annual Rate Start 41,644 1 48,156 2 51,596 3 55,140 4 56,314 5 57,514 6 58,739 7 59,990 8 61,268 9 62,573 10 63,906 11 65,267 12 66,657 13 14 15 16 17 18 19 20 67,744 21 22 23 24 25+

Sergeant Wage Schedule 2 Appendix D End of Year Annual Rate Start   1 2 3 4 5 67,313 6 68,749 7 70,212 8 71,708 9 73,235 10 74,794 11 76,388 12 78,015 13 14 15 16 17 18 19 20 79,102 21 22 23 24 25+

Current Pay Structure Base Pay + Specialty* + Residential Pay** + Shift Differential *** + Overtime + Pension + Other**** = “ Fully Loaded ” Pay * If applicable ** Employees who live within the City Limits *** All Patrol Employees Day & Night Shift **** Medicare and Workers Compensation

Current Pay Structure Base Pay + Special Duty Pay $20 - $30 per week Residential Pay $30 - per week Shift Differential $15 per Day and $20 per Night per week Overtime 1.5 X Regular Rate Other 1.45% Medicare $1.709/$100 of payroll - Workers Compensation Pension Payment of wages to the sworn bargaining unit must by calculated by multiplying the required pension contributions of 71.89%, almost $.72, for every one dollar of payroll  

Last Increase Total Paid = $982,098 December 2015 Employees received Lump Sum Increases $2,000 Lump Sum – Fully Loaded – between $2,960 - $3,180 $3,000 Lump Sum – Fully Loaded – between $4,000 - $4,700 Total Paid = $982,098

Article 7 Wages Magistrate’s Recommendation As stated by the Special Magistrate The members of the PBA already have appreciably higher base wages than the average of its’ three comparators: Bradenton, Fort Myers & North Port The recommended wage increase “would further exacerbate this wage disparity with other comparators” and increase the roll up costs of such increases.

Article 7 Wages Magistrate’s Recommendation For sworn and non-sworn personnel other than Criminalists, the Magistrate recommends: 3% retroactive COLA increases to the wage schedule effective: October 1, 2014 and October 1, 2015, with a wage reopener for October 1, 2016. The City REJECTED this Recommendation

Article 7 Wages Magistrate’s Recommendation The City Rejected this Recommendation

Article 7 Wages Magistrate’s Recommendation The City REJECTED these recommendations Therefore no base wage increase is recommended at this time

Article 7 Wages The City’s Recommendation A lump sum Payment of $1,750 Sworn Officers Supervisor CSA Criminalists Lump sum increases will not change the current step schedule in the current CBA

The City’s Recommendation HOURS OF WORK Article 9 Union’s Position Retain Premium Pay Retain References to Premium Pay Management Rights Delete in entirety The City Manager recommends accepting the SMRO's language to revise the definition of "manage" and adds language as follows:   Manage: "Manage" is defined to mean the authority of the City to plan, implement, control, direct, coordinate, train and discipline, as such, but not limited to, the following: To hire, assign, transfer, retain, budget, layoff, recall, promote in accordance with this contract; discipline, suspend, demote or discharge for just cause; negotiate, reward, direct rank and file workers and adjust grievances in accordance with this contract. However, this authority is subject to terms and conditions of this agreement, including but not limited to the provisions of Article 3, Section 16 of this agreement. BLUE IS CURRENT MANAGE - "Manage" is defined to mean the authority of the City to plan, implement, control, direct, coordinate, train and discipline, such as, but not limited to, the following: To hire, assign, transfer, retain, budget, layoff, recall, promote, discipline, suspend, demote, discharge, negotiate, reward, direct rank and file workers, adjust grievances, or to effectively recommend any of the above by use of the independent judgment of the City. RED IS Recommended:Manage:  “Manage” is defined to mean the right of the public employer to determine unilaterally the purpose of each of its constituent agencies, set standards of services to be offered to the public, and exercise control and discretion over its organization and operations. It is also defined to mean the following: to   hire,  assign, transfer, retain, budget, layoff, recall, promote in accordance with this contract; discipline, suspend demote or discharge for just cause; negotiate, reward, direct rank and file workers and adjust grievances in accordance with this contract.  However this authority is subject to terms and conditions of this agreement, including but not limited to the provisions of Article3, Section 16 of this agreement. Premium Pay: The City Manager recommends the deletion of the definition and the concept of Premium Pay from the contract. This definition is in conflict and in opposition to the "work period" definition in which the City's position is to maintain 43 hours in a 7-day period or 86 hours in a 14-day period.

Time Worked For Overtime Calculation Teamsters & Non-Represented Overtime Calculation Includes: Police Overtime Calculation Includes: Vacation Holidays Bonus/Sick Leave Incentive Comp Time H-Time

Time Worked For Overtime Calculation Police Overtime Payments FY 2014-2015 $1,087,616 FY 2015-2016 $ 1,247,635  

Article 9 Hours of Work Magistrate’s Recommendation Eliminate Premium Pay Hours Worked for Overtime calculation based on Time Actually Worked and Holidays Based on a “Work Period” of -7 day - 40 hour -14 day - 80 hour for the calculation of overtime Shift Differential 3% for Night Shift The City REJECTED this Recommendation

Article 9 Hours of Work The City’s Recommendation Eliminate “Premium Pay” “Time Worked” Only hours actually worked and City designated holiday hours will be considered hours worked for the purpose of overtime computation/calculation. Holidays do not include payment for pre-shift briefing unless the employee works the holiday and attends the pre-shift briefing AND

Article 9 Hours of Work The City’s Recommendation "Work period for police officers and sergeants assigned to the non patrol division" is defined to mean: seven (7) consecutive days and forty-three (43) maximum hours of non-overtime work for assigned Police Officers and Sergeants AND  

Article 9 Hours of Work The City’s Recommendation “Work period for police officers & sergeants assigned to the patrol division” is defined to mean: fourteen (14) consecutive days and eighty-six (86) maximum hours of non-overtime work for assigned Police Officers and Sergeants.

Article 9 Shift Differential The City’s Recommendation Those employees whose shifts start between 5:00 PM and Midnight shall receive a shift differential of: 3% of Base Rate of Pay if their years of service are less than 12 years or 5% of Base Rate of Pay if their years of service are 12+ years City Rejected - read the SM report and understood his point so made the decision re increasing the shift diff to recognize years of service. Shift Differential pp. 66 — 67 (SMRO) Article 9 (Contract) Current CBA $15.00 per week for day shift $20.00 per week for night shift SMRO Defers to City The City Manager recommends the following change to Article 9, Section 10, Shift Differential Pay; Those employees whose shifts start between 5:00 PM and Midnight shall receive a shift differential of 3% of Base Rate of Pay if their years of service are less than 12 years and 5% of Base Rate of Pay if their years of service are 12+ years.  

The City’s Recommendation Community Policing Article 19

Article 19 Community Policing Magistrate’s Recommendation …the Chief of Police reserves the right to staff all zones with any combination of the following – 8, 10 & 11 ½ hr. shifts Management maintains the right to determine the staffing level for all shifts based upon the operation needs of the Department The Department shall at is sole discretion, staff each zone and each shift to maintain appropriate service delivery levels while ensuring officer safety The Department may, at its sole discretion, redefine patrol zones annually, relocating zone boundaries and expanding, contracting and consolidating zones as it deems efficacious Management shall, at it’s sole discretion, determine the staffing level for all shifts based upon its judgment of the operation needs of the Department. The City REJECTED this Recommendation.

Article 19 Community Policing The City’s Recommendations The language in Article 19 shall be consistent and all references regarding The Police Chief, Department and Management shall be referred to as “The City” "Department Management"

Article 19 Community Policing The City’s Recommendations The number of officers assigned to shifts shall be guided by the “The City” Department Management Elimination of the terms and concepts related to “minimum” staffing recommends that number of officers assigned to shifts shall be guided by the City Department Management as the employer’s right to set standards of services to be offered to the public, and exercise control and discretion over its organization and operations, including eliminating the terms and concepts related to “minimum” staffing and “vacation slots”.

Article 19 Community Policing The City’s Recommendation Shift Start Times Between the Hours of: 8 hr. Shift     Days:  07:00-08:00 Evenings: 15:00-16:00 Mids:  23:00-24:00   10 hr. Shift   Days:  07:00-08:00 Evenings:  17:00-18:00 Mids:  21:30-22:30 12 hr. Shift  Days:  06:00-07:00 Nights:  18:00-19:00

The City’s Recommendation Promotional Process Article 23

Article 23 Promotional Process Magistrate’s Recommendation Sergeant Candidates: Officers may enter the promotional exam process three (3) years from date of state certification as an officer with the SPD. If successful, the individual will be placed on a certified list, but is not eligible to be promoted until completion of three (3) years of service. Lieutenant Candidates: Three Sergeants may enter the promotional exam process after two (2) years in the classification as a permanent Sergeant. If successful, the individual will be placed on a certified list, but is not eligible to be promoted until completion of two (2) years in rank. The City REJECTED this Recommendation

Article 23 Promotional Process The City’s Recommendation Lieutenant Candidates: Sergeants may enter the promotional exam process after two (2) years in the classification of Sergeant (striking the term permanent ) If successful, the individual will be placed on the certified list and is eligible for promotion at the completion of two (2) years in rank

The City’s Recommendation Definitions Article 2

Article 2 Definitions Magistrate’s Recommendation Premium Pay The Magistrate recommended the “deletion of the term and the concept of “PREMIUM PAY” from its appearances throughout the CBA…..the…recommendations below, under the definition of WORK PERIOD, mitigate the loss of time –and-a-half income to bargaining unit members. ” The City REJECTED this Recommendation

Article 2 Definitions The City’s Recommendation Premium Pay HOWEVER, the City rejected the 40/80 hour WORK PERIOD recommended by the Magistrate which he recommended, in part, to mitigate the loss of Premium Pay. Therefore, the City’s recommendation is to remove the concept of Premium Pay & utilize the 43/86 hour WORK PERIOD, not the Magistrate’s recommendation.

Article 2 Definitions Magistrate’s Recommendation MANAGE - "Manage" is defined to mean the authority of the City to plan, implement, control, direct, coordinate, train and discipline, such as, but not limited to, the following: To hire, assign, transfer, retain, budget, layoff, recall, promote, discipline, suspend, demote, discharge, negotiate, reward, direct rank and file workers, adjust grievances, or to effectively recommend any of the above by use of the independent judgment of the City. However, this authority is subject to the terms and conditions of this agreement. The City & UNION REJECTED this Recommendation

Article 2 Definitions The City’s Recommendation Manage: "Manage" is defined to mean the authority of the City to plan, implement, control, direct, coordinate, train and discipline, as such, but not limited to, the following: To hire, assign, transfer, retain, budget, layoff, recall, promote in accordance with this contract; discipline, suspend, demote or discharge for just cause; negotiate, reward, direct rank and file workers and adjust grievances in accordance with this contract. However, this authority is subject to terms and conditions of this agreement, including but not limited to the provisions of Article 3, Section 16 of this agreement.

Article 2 Definition The City’s Recommendation Manage “Manage” - “See Article 3” & Revise the Management Rights Article

The City’s Recommendation Management Rights Article 3

Article 3 Management Rights Magistrate’s Recommendation Section 2E “The PBA proposes deleting from Article 3, Paragraph E the City’s right ‘to alter or vary past practices.’ Since Paragraph E is subject to the above Section 16, the Special Magistrate sees no need for the deletion, and recommends that the PBA’s proposal not be adopted.” The UNION REJECTED this Recommendation

Article 3 Management Rights The City’s Recommendation Revise Section 2 (E) to state: Providing such exercise is consistent with the express terms of this Agreement and this Agreement pertains to all members of the Bargaining Unit as described in Article 1 herein, to alter or vary past practices and otherwise to take such measures as the City may determine to be necessary to maintain order and efficiency relative to both the work force and in setting standards of services to be offered to the public, and in exercising control and discretion over its organization and operations, subject to the provisions of Section 16 as outlined herein.

Article 3 Management Rights Magistrate’s Recommendation Section 2 I “The PBA proposes deleting from Paragraph I the text shown in bold font: To determine the qualifications of all employees of the Police Department. To select, examine, hire, classify, train, assign, schedule, direct, transfer, promote, discipline, discharge, layoff, retain and manage all employees of the Police Department. Management inherently possesses the authority that the PBA proposes to delete from Section 2.l. The first paragraph of Section 2 circumscribes that authority by requiring it be exercised “consistent with the express terms of this Agreement.” The Special Magistrate deems that to sufficiently preserve the duty to bargain, and recommends that the PBA’s proposal not be adopted The UNION REJECTED this Recommendation

Article 3 Management Rights The City’s Recommendation Section 2 I To determine the qualifications of all employees of the Police Department. To select, examine, hire, classify, train, assign, schedule, direct, transfer, promote IN ACCORDANCE WITH ARTICLE 23, discipline IN ACCORDANCE WITH ARTICLE 13, discharge FOR JUST CAUSE, layoff, retain and manage all employees of the Police Department.

Article 3 Management Rights Magistrate’s Recommendation Section 16 “The PBA proposes adding the text that appears in bold font. In the exercise of the above-enumerated rights, the City recognizes its obligation to bargain, if the law requires and prior to implementation, over such rights or decisions that alter or modify mandatory subjects of bargaining. For permissive subjects of bargaining the City recognizes its obligation to bargain, upon demand, over the exercise of management rights or decisions that alter, modify or impact on hours, wages and terms and conditions of employment of employees. As it relates to changes to permissive subjects of bargaining, nothing contained in this section shall prevent the City from implementing the proposed right or decision prior to negotiations, but any settlement, agreement or legislative imposition finally reached as a result of negotiations shall be retroactive to the date of implementation.” The Special Magistrate recommends adoption of the addition, as it accurately states management’s inherent authority and responsibility.” The City REJECTED this Recommendation

Article 3 Management Rights The City’s Recommendation Revise Section 16 to state: a) Mandatory Subjects of Bargaining - In the exercise of the above-enumerated rights, the City recognizes its obligation to bargain, if the law requires and prior to implementation, over such rights or decisions that alter or modify mandatory subjects of bargaining. b) Permissive Subjects of Bargaining: In the exercise of the above-enumerated rights, the City recognizes its obligation to bargain, if the law requires, over such rights or decisions that alter, modify or impact on hours, wages and terms and conditions of employment of employees. Nothing contained in this section shall prevent the City from implementing the proposed right or decision prior to negotiations, any settlement, agreement or legislative imposition finally reached as a result of negotiations shall be as of the date of any settlement, agreement or legislative imposition unless otherwise negotiated.

Article 27 Duration The City’s Position at Impasse The City’s recommendation was for a 3 year agreement commencing October 1, 2014 to September 30, 2017

End of City’s Presentation