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

2. 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

3. 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 (4)(d)

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

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

6. 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

7. 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

8. 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

9. 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

10. 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

11. The City’s Recommendation
WAGES
Article 7

12. 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

13. Median Police Officer Base Pay* 2016
* All Comparators

14. 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+

15. 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+

16. 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

17. 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

18. 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

19. 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.

20. 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

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

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

23. 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

24. 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.

25. 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

26. Time Worked For Overtime Calculation Police Overtime PaymentsFY
$1,087,616 FY
$ 1,247,635

27. 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 hour
-14 day - 80 hour
for the calculation of overtime
Shift Differential 3% for Night Shift
The City REJECTED this Recommendation

28. 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

29. 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

30. 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.

31. 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.

32. The City’s Recommendation
Community Policing
Article 19

33. 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.

34. 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"

35. 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”.

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

37. The City’s Recommendation
Promotional Process
Article 23

38. 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

39. 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

40. The City’s Recommendation
Definitions
Article 2

41. 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

42. 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.

43. 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

44. 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.

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

46. The City’s Recommendation
Management Rights
Article 3

47. 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

48. 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.

49. 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

50. 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.

51. 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

52. 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.

53. 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

54. End of City’s Presentation