Loading...
HomeMy Public PortalAboutM 1971-06-23 - CCADJOURNED REGULAR MEETING JUNE 23, 1971 The City Council of the City of Lynwood met in an adjourned regular session in the City Hall, 11330 Bullis Road, on above date at 4:30 p.m. Mayor Liewer in the chair. Councilman Byork, Green, and Liewer answered the roll call. Councilmen Siokos and Stevens were absent. Councilman Siokos arrived and took his place. Wage and The City Manager reviewed the negotiation sessions conducted fringe with the Peace Officers' Association of Lynwood, beginning benefits with the first on May 12 and ending with the impasse meeting negotiation of June 8. Beyond this, he discussed the fact that the Police Dept impasse session failed to develop agreement on the requests of the Association and that it was mutually agreed to submit the matter to State Conciliation Service for mediation. In spite of sessions conducted on two different days by Mr. Lewis Gilbert, presiding conciliator, the matter still remains at impasse. He discussed the time extension granted by the City Council which would set aside the June 15 date for Council determination up to June 23, and further suggested that the City Council now has jurisdiction over the matter and could conduct a public hearing tonight, if that was their desire. He stated that the Peace Officers' Association has been notified of the meeting of this date and they have submitted a letter to the Council through the City Clerk, and suggested that the letter be read prior to opening of a public hearing. The letter from the Peace Officers' Association of Lynwood, Inc. signed by its President, Glenn B. Sauls, was read. The letter informed the Council that the Association representatives have met and conferred with the City Manager relative to wage and fringe benefit requests for the coming fiscal year and they were unable to reach agreement on any of the issues. The Council was requested to give consideration to the last offer submitted to the City Manager. The Council was also informed that the mediator has indicated willingness to participate in any further discussion and the Association is in accord with any extension of time beyond June 23, 1971, for that purpose, and that a representative would be present to reiterate the Associations position and to assist in resolving mutual problems. The Mayor inquired if the Council wished to go to public hearing at this time. Councilman Siokos asked if it would be possible to have an executive session concerning personnel before going to public hearing. The City Attorney said it would be permitted as they were not yet in public hearing. Executive The Mayor declared the meeting adjourned to executive session session. Following the executive session, the meeting was called to order. The Mayor declared the public hearing open, and inquired if anyone from the Peace Officers' Association wished to address the Council. Mr. Bill Bean, representing the Board of Directors of the Peace Officers' Association, addressed the Council. He said that he has been designated by the President to address the Council to express that the position of the ~~ U 1 y e-~ Association is and has been made quite clear to the representative of the Council, Mr. Riley; he feels that the next move is really up to the Council at this point, and that is the position of the Association at this time. The Mayor asked if any one else wished to speak or if the Councilmen wanted to ask any questions. Item 2 of the Peace Officers' proposals was questioned by Councilman Siokos, and Mr. Bean explained the problems that arise when key positions in the department are unoccupied for vacations, and lower ranking officers must be moved up and assume the duties of the higher classification. He was asked if there was any way within the existing structure that this problem could be eliminated, and Mr. Bear said that the department is at its maximum limit as far as covering those shifts with supervision as the percentage of ranking personnel is much lower than the norm, and that what they are saying is there should be an additional one or two positions created. When asked if he was speaking more of the patrolmen, he agreed, stating that the staff positions tend to work themselves out. Salary and fringe benefit negotiations Police Public Hearing Speaking about Item 7 of the proposals, referring to use of city vehicles by detective personnel on standby duty, the Mayor inquired how many are on standby at one time. Mr. Bean explained that this occurs one week in six, and because of the additional expense to the employee because of making many additional trips while on standby, it would be fair to have the use of a city vehicle during the standby period. The City Manager asked if the Peace Officers' should not be presenting their case fully to the Council. He said he believed he knew their proposals but they should have every opportunity to proceed through their total proposal if that is their wish. Mr. Bean said he understood that and the President understands it, but as expressed in his letter his position is quite clear as presented to the Council's representative, and he going to stand on that. The City Attorney said the proposals would have to be reviewed; if not by the Police representative, then by the City Manager. The Manager proceeded to review the proposals taken from the last proposal submitted by the Peace Officers' on June 14, 1971, as follows: 1. Wage increase of 8 per cent for each position represented (patrolmen, sergeant, and lieutenant). 2. Additional step pay for work in a higher classification. (Personnel working more than two hours in the higher classification shall receive a one-step increase for those hours worked). 3• Retirement badge, case and identification card provided for service and disability retirees, and at the discretion 1~9 4 Wage of the Council any other symbol the Council might wish negotiation to give. Police Assn. Councilman Siokos said he assumed these would be provided for honorable retirement; not necessarily for a forced retirement. The City Manager said it would be for anyone who met the minimum service requirements. He also said there is a practical aspect to this in that a retired police officer remains eligible under State law to carry a concealed weapon. 4. Any member on I.O.D. status (injured on duty) shall retain sick leave, vacation and fringe benefits that any other working member is entitled to. 5. Health plan - the city shall pay full premium for the employee and shall attempt to improve the current health plan to include dental coverage and out-patient psychiatric service for the employee. 6. Sick leave: 75 per cent cash payment for all unused sick leave at time of service or disability retirement. 7. Detective units: Detective on standby shall be permanently assigned to a vehicle and drive it to and from work. 8. Physical fitness program, Workman's Compensation coverage to be extended to cover injuries while taking park in specified physical fitness activities. The Manager stated the foregoing eight items constituted the proposals submitted by the Peace Officers on June 14, 1971. The Mayor repeated Item 1 regarding the 8 per cent wage increase, and asked if anyone of the Council wished to discuss it or make a recommendation. At the suggestion of Councilman Siokos, he agreed that the eight items should be considered separately. The position review of comparative salaries and the P.O.S.T. program was discussed, as well as the additional benefits provided by the city's premium pay plan. Operation of the P.O.S.T. program in relation to the premium pay was explained by the City Manager. In answer to a query from the Council, the Manager said that his last formal offer was 3 per cent across the board. It was moved by Councilman Siokos, seconded by Councilman Green, that the Council approve a 4 per cent salary increase for the positions of Patrolman through Lieutenant. Councilman Byork asked what this would provide for a patrolman and he was told it would result in a base pay of $990 per month with a potential of $1,089. He said he had thought of making it an even $1000 but did not move to amend the original motion. Roll Call: Ayes: Councilmen Byork, Green, Liewer, Siokos. Noes: None. Absent: Councilman Stevens. Item 2 concerning additional step pay for work in a higher classification was discussed with Councilman Siokos saying he would like to see the Manager instructed to study the best way to alleviate the problem, if it can ~h y J be alleviated, or if it will require an additional sergeant in the department. Councilman Green expressed a desire to be able to discuss the problem informally with representatives of the Police Department. After a brief discussion of a suitable motion, it was moved by Councilman Siokos, seconded by Councilman Byork, that as an alternative to Item 2 of the Proposal, the Council instruct the City Manager to review the need for an additional sergeant and report to the Council. Questioned about limiting the study to the position of sergeant, Councilman Siokos said he used the term assuming the entire structure would be investigated and the City Manager said he had reference to sergeant as Mr. Bean had previously indicated that the trouble was in the lower level. Mr. Bean. stated that the true problem arises when a command position is vacant. He said he didn't know that the Association expects the Council to create a new lieutenant but they do feel command positions should be covered by a supervisory position rather than an officer in charge and that a position of sergeant should be created. Upon questioning of Councilman Green, Mr. Bean explained in detail the structure of the police department. Roll Call: Ayes: Councilmen Byork, Green, Liewer, Siokos. Noes: None. Absent: Councilman Stevens. Item No. 3 relative to providing retirement badge, case and identification card was discussed, with a forced retirement situation again be~,ng mentioned. It was moved by Councilman Green, seconded by Councilman Byork, that item No. 3 be approved with the provision that the Board of Directors of the Association making a recommendation to the Council in cases of service retirement. Roll Call: Ayes: Councilmen Byork, Green, Liewer, Siokos. Noes: None. Absent: Councilman Stevens. The Mayor asked for consideration of Item No. 4 concerning members on I.O.D. status retaining sick leave, vacation and fringe benefits. At the request of the Mayor, the City Manager stated that Section X45010 of the Government Code indicates that the personnel ordinance of the city shall include certain things, among which are fringe benefit compensation to people on injured on duty status. The personnel ordinance, adopted prior to this section of the Government Code, does not include this provision. As this is an initiative ordinance, changes must be accomplished by a vote of the people. The problem has not been resolved and the City Attorney is investigating this. and will probably make some recommendation tothe Council on how to get it into the personnel ordinance or the rules and regulations. It was moved by Councilman Siokos, seconded by Councilman Byork, that item No. ~4 be denied pending further study. Wage negotiatior Police Assr. 1~6 wage negotiations Police Assn. Roll Call: Ayes: Councilmen Byork, Green, Liewer, Siokos. Noes: None. Absent: Councilman Stevens. Item No. 5 relative to the city paying full premium for the employee and the city shall attempt to improve the current health plan to include dental and out-patient psychiatric service for the employee was discussed. The Manager suggested considering the term "consult" rather than "attempt" with reference to improving the current health plan. It was moved by Councilman Green, seconded by Council- man Liewer, that the City Manager consult with employee groups regarding health coverage, with the final decision to be made by the City Council. The Manager commented that as he understood the Council's action the City Manager would consult with the employee groups on development of the health plan but they would have no binding effect on what he presented to the City Council. Roll Call: Ayes: Councilmen Byork, Green, Liewer, Siokos. Noes: None. Absent: Councilman Stevens. Item No. 6 requesting 75 per cent cash payment for all unused sick leave at time of service or disability retirement was discussed briefly, and it was moved by Councilman Siokos, seconded by Councilman Green, that this item be rejected in its entirety. Roll Call: Ayes: Councilmen Byork, Green, Liewer, Siokos. Noes: None. Absent: Councilman Stevens Item No. 7 requesting that detectives on standby be permanently assigned to a vehicle and drive it to and from work was considered, and it was moved by Councilman Liewer, seconded by Councilman Byork, that the request be approved. Possible problems arising because of the current liability insurance situation were discussed, and Mr. Bean said he understood the point being made; however, the officers are on duty when called while on standby. The City Manager suggested that the motion might include a statement that if under any circumstance the insurance carrier requires an additional premium for this type of usea~e, the approval would be reconsidered at that time. Mayor Liewer asked if he could include that in his motion, and the second, Councilman Byork, agreed. Roll Call: Ayes: Councilmen Byork, Green, Liewer, Siokos. Noes: None. Absent: Councilman Stevens. The request that Workman's Compensation coverage be extended to cover injuries sustained while taking part in physical fitness activities (No. 8) was discussed. Officer McConnaughey stated that the Association's main concern is the use of the natatorium j9~ when a life guard is present and weight lifting and other Wage events that can take place at the recreation center, negotiationti certain items that would be agreed upon between the Police Assn. Association, City Manager and Council. Cost and frequency of physical examinations were discussed as well as restrictions upon allowable activities. Mr. Bean reviewed the low injury rate of the physical fitness activities which the men presently undertake on their own, stating that by participating in a program the men will be in better condition to serve both the Council and the public. The City Attorney informed the Council that the officers would have to be considered on duty to be covered by workman's compensation. It was suggested that the matter be referred to the City Manager for a study beyond the confines of negotiations in an attempt to establish a physical fitness program in the Police Department. It was the consensus of the Council that they favored the program but that the matter needed more study, and it was moved by Council- man Byork, seconded by Councilman Green, that Item No. 8 be denied with the stipulation that the request be studied further by the City Manager. Councilman Siokos asked for clarification of the motion and Councilman Byork asked the City Manager if he understood the Council's intent. The Manager said he understood the intent was to develop a physical fitness program in the Police Department to be covered by Workman's Compensation. Roll Call: Ayes: Councilmen Byork, Green, Liewer, Siokos. Noes: None. Absent: Councilman Stevens. The Mayor announced that the eight items had now been covered and asked if there were any further comments. Mr. Bean again addressed the Council to state that he had a quorum present of the Board of Directors and they had jointly discussed Item No. 1, salary increase. He said the Association's final request to the Council's representative was 6 per cent, which in round figures is $1,009 per month; this is the position of the Association and he asked that the Council reconsider that at this time as it may be that they are very close to ratification of a memorandum of agreement. The Mayor asked if there were any further comments. As there was no response, and at the suggestion of the City Attorney, it was moved by Councilman Green, ,~ seconded by Councilman Liewer, that the hearing be s closed at this time. Roll Call: Ayes: Councilman Byork, Green, Liewer, Siokos. Noes: None. Absent: Councilman Stevens. It was moved by Councilman Green, seconded by Council- man Siokos, that the foregoing eight items constitute the final determination of the City Council relative to the impasse with the Peace Officers' Association ~1y8 Wage negotiation Lyn. City Empl. Assn. public hearing of Lynwood. Roll Call: Ayes: Councilmen Byork, Green, Liewer, Siokos. Noes: None. Absent: Councilman Stevens. The Mayor declared a two-minute recess. Following the recess the meeting was called to order, and the Mayor declared the public hearing open on the impasse with the Lynwood City Employees Association. The City Manager reviewed the meeting which have taken place with Mr. George Argante and Mr. Steve Loven, representing the City Employees Association. At the last impasse meeting on June 22, 1971, with differences still not resolved, it was mutually agreed that the matter would be placed before the City Council for public hearing and final determination. The representatives were notified of the meeting of June 23, 1971. The Mayor asked if anyone wished to speak. Mr. George Argante, 3546 Apt. C Los Flores Boulevard, President of the Lynwood City Employees Association and one of the representatives of the general classification employees, addressed the Council. Mr. Argante said that in making the four requests submitted, they considered the financial problems facing the city and felt they were very conservative in the requests made, and although they were discussed thoroughly with Mr. Riley, no agreement was reached. In addition to a request fob a cost of living increase of 6 per cent, with no specific position adjustments at this time, Mr. Argante presented the following requests: 1. Use of sick leave for emergencies such as hospitalization or illness in immediate family or death not covered by bereavement leave. He explained that occasions arise where someone close to an employee is seriously ill or passed away and time off is not provided. The City Manager commented that he had proposed use of up to two days per year of sick leave for emergencies such as hospitalization or illness in the immediate family, or death in the family not covered under bereavement leave. 2. Rate increase for public works standby duty. Proposed increase for street and water department standby, with standby personnel and any called in to assist go on straight hourly time. 3. Employee health insurance - permit city employees, prior to another insurance contract, to be involved in discussion pertaining to premiums, additions and deletions of current coverage. 4. Additional holiday - day following Thanksgiving Day. 5. Reimbursement for unused sick leave. As elected and ~9y appointed officials benefit by receiving unused sick leave Wage upon termination, the Association feels justified in negotiatior requesting that all city employees receiv the same Lyn. City benefit upon termination of employment. Empl Assn. The Mayor asked for any comments under the public hearing. ~'^~ Councilman Siokos asked if the representatives were aware of the published cost of living index, and Mr. Loven replied that they had the latest figures. The Mayor declared the public hearing closed and asked for discussion of the items presented by the association representatives. Relative to the request for 6% increase in salary, the Mayor asked the City Manager what his final offer had been, and he was informed it was 4% in terms of wages. It was moved by Councilman Green, seconded by Councilman Byork, that the Council grant a 4% salary increase across the board. Roll Call: Ayes: Councilmen Byork, Green, Liewer, Siokos. Noes: None. Absent: Councilman Stevens. As to Item No. 1, use of sick leave for emergencies, it was moved by Councilman Siokos, seconded by Councilman Byork, that the Council grant the use of two days of sick leave for emergency leave for hospitalization or illness in the immediate family or death in the family not covered by ""-` bereavement leave. Roll Call: Ayes: Councilmen Byork, Green, Liewer, Siokos. Noes: None. Absent: Councilman Stevens. Item No. 2 relative to rate increases for public works standby duty was discussed, and at the request of the Council, the City Manager explained the request and his proposal. It was moved by Councilman Green, seconded by Councilman Byork, that the Council approve an increase of $6.60 per shift for the Street Department and an increase to $8.40 per shift for the Water Department, with the policy statement dated June 1, 1971, be incorporated in the approval. Roll Call: Ayes: Councilman Byork, Green, Liewer, Siokos. Noes: None. Absent: Councilman Stevens. Item No. 3 concerning employee health insurance was discussed briefly, and it was moved by Councilman Byork, seconded by Councilman Green, that the City Manager consult with the employees prior to approval of a new health policy. Roll Call: Ayes: Councilmen Byork, Green, Liewer, Siokos. Noes: None. Absent: Councilman Stevens. The Mayor asked for comment on Item No. 4, the request for a holiday on the day following Thanksgiving. It was moved by Councilman Siokos, seconded by Councilman Green, that the request be denied. ~~O0 Wage Roll Call: negotiation Ayes: Councilmen Byork, Green, Liewer, Siokos. Lyn. City Noes: None. Empl. Assn. Absent: Councilman Stevens. Relative to Item No. 5, request for reimbursement for unused sick leave upon termination of employment, the Manager was asked for information concerning this request. He explained that the program providing 50 per cent of sick leave to the City Clerk, City Treasurer, and the City Manager came about through a particular circumstance peculiar to the City of Lynwood wherein the three people mentioned were all long-time career employees of the city, each having in excess of twenty years service with the city. When they moved from civil service status to their respective elective or appointive status, their ability to continue under civil service as career employees was negated, in terms of reelection in the case of the elected officials and Council action in the case of the Manager. The thought at the time of adoption was to provide for their sick leave benefit, based on the fact that they are unlike the remainder of the employee group, who may be here and gone tomorrow. In the case of the City Clerk and City Treasurer it specifies that they must have completed their second term of office before they become eligible for this, if not reelected. The other employee groups receive 50 per cent of sick leave at the time of retirement. It was moved by Councilman Green, seconded by Council- man Siokos, that the request for unused sick leave upon termination of employment be denied. The City Manager commented further that at the time the current Clerk, Treasurer and City Manager are no longer here, unless replacements are people from the staff, the Council may wish to remove the subject sick leave at time of termination provision. Roll Call: Ayes: Councilmen Byork, Green, Liewer, Siokos. Noes: None. Absent: Councilman Stevens. The Mayor stated that the si requests have now been covered, and asked if the Council wished any further discussion. It was moved by Councilman Siokos, seconded by Council- man Green, that the foregoing six items constitute the final determination of the City Council relative to the impasse with the Lynwood City Employees Association. Roll Call: Ayes: Councilmen Byork, Green, Liewer, Siokos. Noes: None. Absent: Councilman Stevens. The Mayor asked if there was anything to come before the Council. The Manager requested an executive session for the purpose of discussing personnel matters as they relate to the budget. He suggested that the City Clerk and City Attorney be excused, and further recommended that the meeting be adjourned to June 29, 1971, at X4:30 p.m. Councilman Siokos asked if it would be possible to adjourn the meeting for a short period of time. The City Attorney said it could not be adjourned, but a recess could be taken. L ~)_~_ The Mayor announced that the meeting would recess for one hour. The City Clerk and City Attorney were excused, and the Mayor appointed Councilman Byork to act as City Clerk pro tempore. Following the recess, the meeting was adjourned to Adjourn to executive session. After the executive session, the 6/29/71 at meeting was called to order and it was moved by 4:30 p.m. Councilman Green, seconded by Councilman Siokos, that the meeting be adjourned to Tuesday, June 29, 1971, at 4:30 p.m. ~~ C~:'ty erk, City of Lynwood APPROVED JULY 6, 1971 ~v2 Mayor o h Cit of Lynwood