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
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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
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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
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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
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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.
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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.
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C~:'ty erk, City of Lynwood
APPROVED JULY 6, 1971
~v2
Mayor o h Cit of Lynwood