Minutes 1988/06/27
5640
Posting
Agenda
Roll Call
Binding Arbi-
tration
"
Adjourned Regular Meeting
June 27, 1988
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag.
The City Clerk reported that the Agenda had been posted on
June 22, 1988 at 3:08 p.m.
Present: Councilmembers: Donald F. Gage, Leonard A. Hale,
Paul V. Kloecker, Larry Mussallem, Daniel D. Palmerlee, Pete
Valdez, Jr., and Roberta H. Hughan. - 7:04 p.m.
The Mayor stated that this meeting was scheduled to further
discuss the matter of Binding Arbitration and requested that the
City Administrator explain the documents to be discussed.
City Administrator Baksa presented a Decision Tree for
discussion further explaining same regarding the proposed Charter
amendment Measure pertaining to Binding Arbitration. He noted
options in the event Council decided to proceed with a companion
Measure. He presented additional information requested by Coun-
cil regarding Meet and Confer for last year and total compensa-
tion for a Police Officer and a Firefigher on July 1, 1988. He
also presented information on comparison of the Alameda amendment
with the Binding Arbitration amendment presently being circulated
for possible Ballot Measure.
Councilman Kloecker requested copies of information
previously presented to Council regarding comparability with
other cities based on last years figures.
The Mayor inquired of the Meet and Confer requirement prior
to the City placing a Measure on the Ballot. City Administrator
Baksa stated that if a City is going to initate changes of wages,
hours, conditions, etc. it must Meet and Confer with the Union or
Employee Organization that is most directly affected. He further
stated that the City would have to contact the Bargaining Units
involved, schedule a meeting to review the City's proposed
measure to solicit input and take same under advisement.
The Mayor requested Staff to determine if the petitions now
being circulated by the Police and Fire Bargaining Units would
require the same type of Meet and Confer requirements.
Discussion was had regarding those participating in a Meet
and Confer meeting if a City measure was proposed.
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The Mayor requested an analysis of Fire Captain and Police
Sergeant Compensation and information on each regarding retire-
ment benefits.
Discussion was had on the Decision Tree previously
requested.
Motion was made by Councilman Gage seconded by Councilman
Kloecker and carried that the Council does not favor Binding
Arbitration as presented by the Police and Fire Associations.
......
Motion was made by Councilman Kloecker seconded by Council-
man Gage to approve Item 2.d. Amended as follows: Oppose the
measure and seek a more balanced amendment, howsoever that may be
written, to be determined.
"....,
Discussion was had in regard to the contents of a second
amendment. Council agreed that the following items should be
contained in a second amendment: Binding arbitration on financial
.benefits only; wording for City Bargaining in good faith; (Issue
"by issue versus total package binding arbitation - to be acted
upon at a later date). Agreed to not include comparability
definition in said amendment. Supported inclusion of a financial
burden section.
Discussion was had regarding including the California Code
of Civil Procedures.
Discussion was had requlrlng an Arbitrator to justify his
decisions and Council agreed to include same in the proposed
measure.
Council requested the City Attorney prepare a proposed
Charter amendment to include the items agreed upon.
-
Council authorized Staff to contact Carol Stevens to
prepare a document for Council to decide if they want to include
a provision adopting the California Code of Civil Procedures.
Council also requested language as to how the Issue by issue
versus total package binding arbitration would be handled.
......
City Administrator Baksa noted that Council could approve a
consensus document to be used to go to Meet and Confer process.
Discussion was had regarding Meet and Confer. City Administrator
Baksa suggested that Council authorize the City Administrator to
negotiate with the Bargaining Units under the Meet and Confer
process and if this is not satisfactory the City would probably
revert to Whitmore and Kay to do the negotiating.
,.....
Frank Bozzo, addressed the Council regarding the Binding
Artibration issue. He noted that the City is obligated under law
to Meet and Confer if there is intent to change the employee's
working conditions other than what is contained in the Memorand-
dums of Understanding. He encouraged the Council to meet with
the Employees Groups to fulfill the requirements of Meet and
Confer on the binding arbitration issue. He noted that some of
the concerns in ~ast negotiations was that Council was not re-
ceiving information that they were putting on the table and that
it is still a concern at this time. He noted the intent of their
binding arbitration is to be as fair as possible and to benefit
both sides; to come to fair negotiations and fair agreements. He
stated that during recent negotiations pertaining to the binding
arbitation issue it was never discussed that any City was finan-
cially ruined because of binding arbitration because it has never
happened. He stated that problems of management rights was only
noted by the City of Palo Alto Personnel Director. He noted that
they are looking for something fair and equitable for both sides.
He noted that this meeting has primarily discussed the binding
arbitration guidelines of the City of Alameda and that the pro-
posed Charter measure of their Associations is patterned after
the City of Palo Alto's binding arbitration regulations. He
noted past practice of previous negotiations. He requested the
City to Meet and Confer publicly on local issues. He noted that
the Police Association is giving up their option to strike under
their proposed binding arbitration amendment because if there are
...
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impartial and fair negotiations there would be no need to strike
and cannot be addressed in the City's measure. He requested that
the City take into account the history of previous negotiations,
the safeguards that they have built within their amendment. He
noted that they are looking for good faith negotiations for both
sides and believe this is the fairest way same can be accom-
plished. He noted that all discussions on this matter have been
based upon speculation. He further requested that future meet
and confer for binding arbitration be between Council and the
Asssociations and requested that this be offered to them.
Councilman Gage noted that during the negotiation process
he does not have anything to gain personally, that he tries to
look out for what is happening to the City and where we are and
where we want to be. He feels that the City has been fair and
that some of the demands that the GPOA has asked for have been
way outside of what he feels is best for the City. He stated
that he has a problem with the GPOA looking out for what is best
for the City because that is what he is elected to do and
believes that he is doing it in a non-prejudice manner. He noted
that one of the reasons that he opposes binding arbitration is
that it takes that right away from him.
..,
.....
Officer Bozzo stated that with their proposed binding
arbitration measure the City Council stills has their in-put; if
in fact the City cannot justify their standing, that's where they
are going to get into the nitty-gritty of negotiations. He
stated that in the past they felt that the City could have done
more. He noted that there were things behind the scene that made
the Association feel that way. He noted that since 1983 it has
been a down-hill battle and would like to see the battles go away
and this is the fairest way that the Associations feel that can
settle their differences in negotiations. He noted that he is
opposed to mediators.
Mayor Hughan stated that she accepts the fact that the
Associations intent is a good intent, but it doesn't matter what
the intent is after the rules are written. She noted that once ...
this mechanical system is in place, what you intend doesn't come
into it any more. The Arbitrator makes the decision and good ...
faith intentions are not necessarily visible. She stated the
issue of $30,000.00 (difference of settling) would be one more
position that was not able to be filled. She stated that if the
Associations negotiated one on one with the Council it would take
everyone further apart. She stated that once binding arbitration
takes place, talking is over. She noted her amazement that none
of the Association members attended the Council Budget Study
Sessions that followed the first meeting on binding arbitration
to see where the City's monies were proposed to be spent. She
noted her disappointment.
Officer Bozzo noted that he is not looking for a justifica-
tion of decisions regarding the budget or what happened last year
or prior years. He noted that there is a need to proceed into
Meet & Confer in good faith bargaining, because they do not want
it to end up in a binding arbitration issue. He noted that their
intent is included in the proposed amendment and there is a
reason for the Associations to meet with Council because they do
not want to get into a battle. He stated that Council should
consider going beyond past practices and tradition because it has
not worked, and this is the reason that they are presenting
binding arbitration. He stated that this does not mean that they
do not want to turn things around. He stated that they can still ...
bargain in good faith and never ever end up in binding arbitra-
tion. .....
Councilman Kloecker noted that he agrees with Councilman
Gage and Mayor Hughan's comments. He added that on the subject
of talking directly as a Council, it is true that Council has
directed the Negotiator to carry-on the business that way, but at
the conclusion of all negotiations when the Police Officers'
Association came before the Council at the last meeting, he did
not hear anything new that night that he hadn't heard from their
Negotiator.
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Officer Bozzo stated that maybe Council is not getting all
of the information so if Council hadn't heard it, they probably
won't.
.....
Steve Blatt-Covington, Acting President of the Fire Asso-
ciation, addressed the Council, noting that he agrees with the
majority of what Officer Bozzo commented. He noted that the Fire
Association would also propose to meet with Council. He noted
that they believe that alot of the information that they have
proposed during negotiations was not presented to Council. He
noted that on this issue and possibly on negotiations in the
future, if they meet as a group with Council, the principals are
all discussing and can get it taken care of in a timely fashion
rather than the Associations meeting with the Negotiator,
Negotiator meeting with Council, back and forth, etc., unless
there is a mediation type of situation. He further stated that
they believe that in the past Mr. Avery did not present all of
the information to Council. He noted that one of the reasons
that this binding arbitration was proposed was because as pre-
viously stated the process has been to Meet and Confer but not
necessarily agree. They do not want to come into negotiations
feeling like under-dogs, they want to come into Meet and Confer
feeling equal. He states that they do not want to have to go to
a binding arbitration situation, this is their equality measure
but do not necessarily have to use it because it will take their
funds to take it to an Arbitrator. He noted that they would like
to propose if there are questions to discuss them with the
Associations.
....
Councilman Gage stated that it was his oplnlon that there
seemed to be less conflict with the Fire Department than the
Police Department as far as negotiation and it seemed that the
Fire Department was more willing to accept more of the offers
presented and asked Officer Covington if he was unhappy all this
time with some of the offers that the City came forth with.
[
Firefighter Covington stated in the affirmative. He stated
that they do feel in specific instances that things have not been
fair. He noted that they have been quiet and are not as vocal as
the Police Association.
Councilman Gage stated that the Council has not approached
the issue that Council knows what is best for the Associations.
He noted that they look at the financial status of the City, what
they feel is best for the over-all City and based upon that the
Council establishes the budget and part of that is salary and
benefits. He further noted that Council has the whole City to be
concerned with, not just the Fire and Police concerns, and it has
been Council's goal and requests the Associations to take a
broader view of what Council is trying to do as the Associations
want Council to do with their specific circumstances.
Firefighter Covington stated that they feel that they are
taking a broader view. He stated that there are specific
instances that they do not want to identify publicly.
Councilman Gage stated that Council feels that there are
certain things to keep the quality of life here that must be done
with the finances available and everything is public and in black
and white, there are no secret meetings and Council is not hiding
anything.
r-
I
...
Firefighter Covington stated that the amendment proposed is
not trying to break the City just trying to get a fair shake.
Councilman Kloecker stated that he does not feel that the
intent of the Associations is to break the City; however, he
believes that he has to do his share to guard the public interest
and to have procedures where unacceptable financial decisions are
precluded, that there be some mechanism to handle an outcome in
Council's opinion if it is detrimental to the best interests of
the community and public.
Firefighter Covington stated that they are willing to
listen.
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Adjrnmt.
Mayor Hughan stated that it doesn't matter ~hat anyone's
personal intent is; this is the proeedure that will be set up if
appr~ved and will determine what happens regardless of anyone's
intentions and a concept that she cannot accept and does not wish
to give up that authority and illegal in a General Law city for
Councilmembers to give up that authority. She further stated
that she cannot take away that authority for every Council in the
next one hundred years, to budget items based on an Arbitrator's
decision. She noted that it is not a personal matter, it is a
mechanical process that will take place based on an Arbitrator's
decision which she cannot accept as what the Council should
accept.
The Mayor asked if there was anyone further in the audience
wishing to speak.
Mr. Theodore Gaeta, citizen of Gilroy since 1977 and a
member of three unions, noting that striking really hurts. He
has been in a strike situation and would not like to see that in
Gilroy with it's Police and Fire Departments. He noted that
Gilroy is in the public view with the Garlic and Hispanic
Festivals. He noted it would be a sad state of affairs if the
City could not come to grips with its Police, Firefighters and
public employees. He stated that if an Arbitrator is necessary
and could enhance the community it would be beneficial.
Mayor Hughan stated that Firefighters are not giving up
their right to strike, as they cannot strike because of State
law.
Mr. Gaeta stated that it would be a sad state of affairs if
the Police Department went on strike and if the Firefighters were
not happy and the citizens would not get the kind of service that
the City deserves.
Councilman Hale inquired if the Meet and Confer would be
open to the public. City Administrator Baksa stated that
normally it is not and recommends that it not be public, on a
basis where the most can be resolved out of negotiations. The
Mayor stated that this would be agendized on the next Council
Agenda.
At 9:21 p.m. the Mayor adjourned the meeting.
Respectfully submitted,
~~~etz. City'