Minutes 08-27-02 Contractual Negotiation Meeting between IAFF Local 1891
And the City of Boynton Beach held on Tuesday, August 27, 2002
At 10:00 a.m. in Conference Room B, City Hall, Boynton Beach, Florida
Present:
For IAFF:
Mike Fitzpatrick Treasurer x6626
Barkley Garnsey Business Agent x6327
Randy Jute President x6340
Matt Keeler Secretary x6340
Dean Kinser Vice President x6340
For the City:
Carol Cheek HR Coordinator x6278
Wilfred Hawkins Assistant City Manager x6012
Jim Ness Deputy Fire Chief x6333
Diane Reese Finance Director x6312
Ol~eninq and Introduction
Mr. Hawkins convened the meeting at 10:15 a.m. Barbara Madden, Recording
Secretary, recorded the meeting and took notes for the purpose of transcribing the
minutes of the meeting.
Topics of Discussion
Mr. Jute stated that the following items needed to be revisited:
Article 2 - Discrimination
Article 8 - Hours of Work
Article 19 - Vacation
Mr. Hawkins said that Article 2 was submitted to the Legal Department and he has not
heard back from Legal. Mr. Hawkins telephoned Ms. Lamanna and requested a
response on this Article. Mr. Hawkins did not have a problem with the Article, but
wanted to have it reviewed by Legal.
With regard to Article 8 (Boca Raton work schedule) Mr. Hawkins responded that
Administration looked at the requested changes and felt there was no immediate cost
savings and that any cost savings would be intangible and long-term. Mr. Hawkins said
that they could not implement these changes at this time. Administration understood
the philosophy of the changes, but felt they could not afford to do it at this time.
Meeting Minutes
IAFF Local 1891 Contract Negotiations
Boynton Beach, Florida
August 27, 2001
Mr. Jute disagreed with this interpretation. He pointed to the extra contracts that the City
has with the Village of Golf, Hypoluxo and Ocean Ridge that bring in additional money
without employing any extra help.
Mr. Hawkins reiterated the City's position that they could not afford to implement this
type of schedule currently and the savings presented during the presentation were not
concrete, tangible savings. The savings were long-term savings based upon people not
calling in sick and better scheduling of vacation time. Mr. Hawkins stated that the
money they receive from the contracts goes to operate the Department. Therefore,
there is no way to save money up front.
Mr. Jute pointed out that the money does not go to the Fire Department. It goes into the
General Fund to operate the City.
Mr. Fitzpatrick pointed out that the money taken in from the western areas for water
services does not go into the General Fund, but into the Utility budget. Mr. Hawkins
said that the same concept could not apply here and Mr. Fitzpatrick asked why it could
not. Mr. Hawkins responded that cities do not do business this way, which is a
fundamental way of financing. Mr. Hawkins said utility funds are always separate and
are an enterprise fund. Mr. Fitzpatrick said that this same concept should apply to the
Fire Department contracts.
Mr. Fitzpatrick pointed out that when GALA collects money, the money goes into a
separate account. He asked why the Fire Department funds could not go into a
separate fund. Mr. Hawkins pointed out that GALA is a separate event, not a fund. Mr.
Fitzpatrick asked if the City considered contracting out services to the Town of Hypoluxo
a specific event and Mr. Hawkins said this is a way of doing business. The money goes
back to you by paying your salaries and you still reap the benefits of that money.
Mr. Jute stated that they never reaped the benefit of those contracts. The City took on
those contracts without providing any extra benefits to the Fire Department personnel,
nor did it add new personnel. Nothing ever changed, so there was no added benefit; all
this did was add to the workload. Mr. Jute said that the added benefits went into the
City coffers, which was approximately one-half million dollars.
Mr. Hawkins noted that this goes to pay their salaries. Mr. Fitzpatrick stated that
whether or not Wally Majors puts on a softball tournament and collects entry fees, he
still gets his salary and when the softball money comes in, it does not go into the
General Fund. Mr. Hawkins stated that the money is used to support that specific event
and keeps the event going.
Mr. Hawkins said if the City chose not to renew the contract with Ocean Ridge or
anyone else, that would be less work for the firefighters, but your salary would not
decrease and you would still be paid what you were being paid at the time of the
contract cancellation. Mr. Hawkins said that if the City decided to do away with the
softball tournament, the people hired to support that tournament would go away.
However, the firefighters would never go away. Mr. Hawkins stated that those contracts
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IAFF Local 1891 Contract Negotiations
Boynton Beach, Florida
August 27, 2001
provide additional dollars to maintain a particular service level, whether the City has the
contracts or not. Also, it keeps the property taxes down. Mr. Hawkins explained that
recreational programming is totally self-sustaining and personnel is hired accordingly.
Mr. Fitzpatrick said that if the City gets the contract with Ocean Ridge it will hire another
12 people and those people are being hired specifically for that. He asked why the
money from Ocean Ridge does not go right into the Fire Department budget instead of
the General Fund. Mr. Hawkins again stated it was an accounting principle. Mr.
Fitzpatrick said that the City is treating Recreation and Parks and the Water Department
differently from the Fire Department.
Mr. Hawkins said that Recreation and the Fire Department are not comparable services.
Recreation is not public safety and the City does not even have to do it. The City would
eliminate Recreation before it would eliminate the Fire Department. Mr. Fitzpatrick
retorted that the City does not have to service Ocean Ridge and Mr. Hawkins agreed
that the City does not have to do that if it chose not to. This is a choice that the City has
to decide on whether it wants to go to Ocean Ridge.
Mr. Kinser asked if there was a specific time that the City would be willing to move into
the new work schedule. Would it be one year, two years or three years? Mr. Hawkins
responded that there would be a cost increase to go to that schedule with no immediate
savings. Mr. Hawkins restated that the City cannot afford to do this. He had inquired if
there was a way to do this incrementally and he found that there were no precedents for
incremental application. The contractual dollars help keep the City afloat and even if
the contracts go away, he doubted that people would be laid off.
Mr. Fitzpatrick asked if 12 people were hired for Ocean Ridge and then Ocean Ridge
went away, would the City keep these 12 people. Mr. Hawkins responded that this has
happened in the Police Department when people were hired with a grant. When the
grant was no longer in effect, the City kept those people and never laid anyone off.
Mr. Hawkins did not think that the City would lay off these 12 people and would absorb
the cost through the ad valorem dollars, but there could be consideration to lay those 12
people off if the contract went away, although he did not think this would happen.
Mr. Jute stated they were trying to make a point on the costs of running a Fire
Department for this size City. He stated that their call load has increased dramatically
over the years without any increase in personnel, and they have had the same three ·
stations for years. Going to this type of workweek would be an inexpensive cure to the
problem. Technically, they should have six stations and another 40 firefighters. We are
not sitting here stating that we have to have three more fire stations or that we have to
have 40 to 50 more people; what we are saying is to help us along. We have increased
contracts, we have had a dramatic increased workload, and we need a little bit of help.
Mr. Jute continued to point out that the overall budget of the whole Fire Department is.
basically an inexpensive fix to their problems. This is going to be an ongoing problem
for years to come and we still do not know if the assessment is going to stay and we do
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IAFF Local 1891 Contract Negotiations
Boynton Beach, Florida
August 27, 2001
not have any new stations yet. Who knows what could happen--there could be rebates
back to everybody. We feel this is an inexpensive fix with a lot of benefits to the City
and to the Department itself. We do not want to throw this aside because we think we
have a very good argument. We would like the City to look at this closely and compare
what fire departments cost other cities. Mr. Jute compared Boynton Beach's Fire
Department costs to Delray Beach, which far exceeds this City's costs. Mr. Jute
acknowledged that it came down to money and he understands that.
Mr. Hawkins responded that when Fire Administration looked at this arrangement, no
one said it was not doable, but it is money. He stated that the City chose to implement
the fire assessment method and this is the way the City plans to proceed. The City has
received its first year payments and is moving forward with purchasing property to build
one station. The City is also planning to move forward with hiring people.
Mr. Jute pointed out that the new contract is for three years and he did not think there
would be much change in three years. Mr. Garnsey said that even when the fourth
station comes on line, the call rate would continue to grow. Mr. Jute said this problem
should have been taken care of 10 years ago. Mr. Hawkins agreed with this statement
and noted that now the City is playing catch up. Mr. Jute stated that they are not
complaining and that everyone is working hard.
Mr. Hawkins said that there is no fundamental disagreement with this being a way to
handle catching up, but from the City's standpoint they have chosen the assessment
method as a way to proceed. Based upon that, the City cannot afford to do anything
else. He said that they have to do a lot in year one, such as building the new station and
begin remodeling the another station. Mr. Hawkins said that they are committed to hiring
people and are going through the hiring process right now.
Mr. Jute does not want to remove this from the table and requested that it sit for the
time being. They are 100% serious about this workweek and felt that they have made a
good case. He requested to continue with the rest of the negotiations. They are a well
run Department and are very cost efficient. He would like this reflected during the
remainder of the negotiations.
Mr. Hawkins noted that the Commission has to approve the fire assessment every year.
If it did not get approved one year, they would be in a bind. The City would have to
become creative to do something else, and the alternative workweek could be turned to.
Mr. Hawkins agreed to keep the item on the table.
Mr. Kinser asked if the City came up with any projections for the costs. Mr. Hawkins
noted that 12 additional personnel would cost $600,000. Mr. Kinser said their figures
came out to $635,000 and spread out over three years would cost $211,000. Mr. Kinser
said that implementing the 24/72 workweek would cost $635,000.
Chief Ness said that in actuality they are looking at 36 new people; 12 for the new
station, 12 for the following year and possibly another 12 for Ocean Ridge. Mr. Kinser
stated that the costs for Ocean Ridge would come from Ocean Ridge's budget.
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IAFF Local 1891 Contract Negotiations
Boynton Beach, Florida
August 27, 2001
Mr. Garnsey said that Boynton Beach is already behind other cities and if the City only
maintained, they would still be way behind other cities. He noted that Boca Raton is
putting on a referendum to build two more stations and hire more fire personnel. Chief
Ness asked if the call volume would go down with the 24/72 workweek, and Mr.
Garnsey stated that the calls per person would go down.
Mr. Jute pointed out that it is hard for everyone sitting here to understand the call
volume that the Department handles and that the call volume is phenomenal. Mr.
Hawkins concurred that the City is in a serious scenario with limited resources. He
asked Ms. Reese when the last time was that the City did a major bond issue and she
responded in 1982.
Mr. Garnsey asked why the City has not done any major bond issues since that time
and Ms. Reese responded that the public would not support it. Mr. Hawkins pointed out
that 28% of the property owners in the City pay no taxes because of the homestead
exemption. Ms. Reese stated she receives calls daily from senior citizens asking why
they have to pay a fire assessment.
Article 19 - Vacation
Mr. Jute noted that the Fire Department was proposing to go one plan (Plan A) for all
their employees. Mr. Hawkins stated he had a problem with this because this was a
citywide issue since all other employees were on "Plan B." Mr. Hawkins said that they
are going to have to make a concerted effort to make any adjustments and the City
does not want to use the Fire Department as an example. Mr. Hawkins said that they
were open to adjusting the vacation scenario, but wanted to do it on a broader scale.
Mr. Hawkins said that this year they cannot do anything with the vacation schedule, but
will look at it next year on a broader scale. They plan on speaking with other
departments to determine how they do their scheduling and it may have to go to other
unions for approval.
Mr. Jute inquired if the City wanted to keep Plan A and Plan B and Mr. Hawkins stated
that they do for now.
Mr. Fitzpatrick inquired if other contracts had vacation openers in them and Mr. Hawkins
was not certain. Mr. Fitzpatrick asked how this could be looked at if other contracts did
not have vacation openers. Mr. Hawkins responded that they have to look at it from a
policy perspective. Right now, the City does not want to make a global change to its
vacation policy using the Fire Department as an example.
Mr. Garnsey pointed out that they were not present to negotiate for the rest of the City
and that their vacation policy does not work like the other departments. Mr. Jute
pointed out that the purpose of the vacation article in the contract is to negotiate it. They
are not waiting for four or five other bargaining units to negotiate it. It would not be fair to
close this down to wait for five other units.
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IAFF Local 1891 Contract Negotiations
Boynton Beach, Florida
August 27, 2001
Mr. Hawkins pointed out that they presented a blended proposal on the table. Mr.
Fitzpatrick stated that it appeared to be taking hours from people who have been here
the longest and giving the hours to people who have been here for the least amount of
time. Mr. Hawkins did not disagree with Mr. Fitzpatrick's assessment of the vacation
plan.
Mr. Kinser said that they would submit another proposal for vacations utilizing the two-
tier system. Mr. Hawkins stated that they would look at the revised proposal when it is
submitted.
Mr. Jute referred to Page 4, Section 2, of Article 19 and recalled that at the last
meeting this change was agreed to. He asked Mr. Hawkins to review the Article and
reconfirm the change. This section changes the selection of vacation time from calendar
year to fiscal year. Mr. Hawkins confirmed that there was no problem with this section
Ms. Reese pointed out that the City went to fiscal year two years ago and questioned
why the Fire Department still used the calendar year. She recalled that they were given
time to change to the fiscal year accrual time. Mr. Kinser responded that the Fire
Department was on a calendar year accrual time under the contract. Mr. Jute stated
that the policy never changed. Ms. Reese inquired how this would affect their carry over
time.
Mr. Kinser stated that they pick vacation from January through September and only
have from January through September 30th to use that time and they are losing out on
the months of October, November and December. Ms. Reese questioned why they
needed more time to make this change since the City made the change to the entire
policy for all employees to have the accrual period end on September 30th. Mr. Jute
pointed out that although the accrual time was changed, their pick time never changed,
which resulted in personnel losing three months of vacation time.
Ms. Reese further pointed out that if any one has gone over the limit on September 30th,
they have lost their time and the Fire Department should have been on this policy last
year. Ms. Reese felt that the pick time was not relevant because it would fall within one
fiscal year or another. Mr. Kinser noted that they cannot arbitrarily take vacation
whenever they like. There are 87 members who chose vacation time on a seniority
level and they cannot accrue overtime.
Mr. Hawkins asked what the limit was and Ms. Reese responded that it was 2 x
whatever time was accrued. Mr. Kinser pointed out that they did not have to change
this language and could have left it as it was. Mr. Kinser noted that the accrual time was
changed to a calendar year, but their vacation pick time has not changed.
Article 4- Union Business
Mr. Hawkins referred to Section 1 of the Article that allowed time off for union business
and inquired if this time had to be used prior to using the banked time. Mr. Garnsey did
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IAFF Local 1891 Contract Negotiations
Boynton Beach, Florida
August 27, 2001
not think it mattered, because they would lose the 10 days if they do not use it and the
time is not accruable.
Chief Ness suggested changing the language to read "prior to using the bank, the City
allocated hours would be used first." Mr. Keeler printed out the new Article 4 and Mr.
Hawkins and Mr. Jute signed off on the revised Article.
Article 10 - Uniforms and Safety Equipment
Mr. Hawkins pointed out that Chief Bingham wants to include a pair of dress shoes and
a tie and requested that they be worn whenever Class A Uniforms are required. Chief
Ness also requested that work shorts be added to the Article. Mr. Hawkins said that a
revised Article would be presented at the next meeting for final review and sign off.
Article 23 - Working Out of Classification
Mr. Jute said that there were three items that they wanted to include under Wages that
were currently included in Articles 23, 26 and 14. It was agreed to put this item aside for
the time being. Mr. Jute requested that Article 14 (Wages) be dealt with first. Also, Mr.
Jute requested that Article 12 be reviewed simultaneously with the other Articles.
Mr. Hawkins distributed copies of the revised Article 29 (Vacancies and Promotions).
Mr. Jute said that he would review the revised Article. Mr. Hawkins pointed out that
Section 3 reflects the 10% for Lieutenants.
Article 40 - (Duration)
Mr. Jute requested this be addressed last.
Addendum for the Post-Druc~ and Alcohol Testinn~
Mr. Hawkins acknowledged that this item had been signed off on, but wanted
assurances that it is properly added as an exhibit to the contract. Mr. Jute inquired if
Mr. Hawkins was referring to the re-opener and he stated that he was. Mr. Hawkins
said that the language has been agreed to, but he wanted to make sure that it was
officially titled and added to the contract. Mr. Kinser pointed out that it was addressed
under Article 12 in the re-opener and called "Addendum C" to the contract. Mr. Kinser
said that he would make sure that the document is properly titled and attached to the
contract for the next meeting.
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IAFF Local 1891 Contract Negotiations
Boynton Beach, Florida
August 27, 2001
Article 14 - Wa.qes
Mr. Hawkins presented the following figures based upon a three-year contract:
October 1, 2002 -
April 1, 2003 -
October 1, 2003 -
April 1, 2004 -
October 1, 2004 -
April 1, 2005 -
2%
4% adjustment
2% market adjustment
0-4% performance
2% market adjustment
0-4% performance
Mr. Hawkins explained that the entire City is going to an April performance date and
would like the Fire Department to go to this date as well. The first two rate increases
would be a regular raise. Beginning in April 2004, the wage increases would be based
upon a person's performance appraisal.
Mr. Jute felt that moving everyone in the Fire Department to an April performance
appraisal would be difficult to accomplish and would place a lot of work on a Lieutenant
to get them all done at the same time. Mr. Hawkins pointed out that it is imperative that
the six-months appraisals be done, which would make it easier to do the yearly reviews.
Mr. Hawkins noted that this is also the direction that other municipalities are moving to.
Mr. Jute pointed out that Lieutenants run calls and this will be difficult for them to
accomplish. Mr. Jute inquired if there were any other fire departments that did all their
evaluations in April. Mr. Hawkins was not sure. Mr. Kinser suggested looking at other
fire departments to see how they implemented this. Mr. Hawkins responded that all
departments in the City have been notified that the City is moving in this direction.
Mr. Kinser asked if the City did any research with other municipalities and Mr. Hawkins
said that they have. Chief Ness said that he spoke to Chief Bingham about the
appraisal dates and he suggested that the Lieutenants should start getting their
paperwork together and not wait until the last minute. He pointed out that there are
other City departments that have a lot more employees to evaluate.
Mr. Kinser would like to see how other departments are doing this, while at the same
time continuing to perform their jobs on a daily basis. Mr. Hawkins noted that there
could be problems, which occur every time a system is changed. This requires that the
supervisor must concentrate on the evaluations every month. Mr. Hawkins said that the
City feels that this is a better way to do things by sitting down with your employees
every six months.
Ms. Reese said that they implemented this procedure last April and she maintains a
folder on each of her employees. She said that she sits down every six months with her
employees and reviews their six-month performance. It is not necessary to sit down with
each employee for a long period of time, but this procedure has been working for her.
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IAFF Local 1891 Contract Negotiations
Boynton Beach, Florida
August 27, 2001
Mr. Kinser pointed out that their employees and companies constantly change and this
procedure would be hard to follow. Ms. Reese suggested that if a folder were kept on
each employee, when that employee moves to another company, the folder would go to
the new supervisor.
Mr. Hawkins furnished Mr. Jute the sheet of paper on which he wrote the figures down
for the proposed wage schedule.
Mr. Garnsey pointed out that the figures for April were way off from the comparables
that were agreed upon previously. Mr. Hawkins responded that they would be looking
at some of the comparables and pay range adjustments. Mr. Hawkins stated that there
is a possibility of a 5% pay range adjustment during the first year and 2~% in
subsequent years.
Mr. Garnsey was requested to review the figures that they came up with after looking at
the comparable departments that had been agreed upon. A copy was furnished to Mr.
Hawkins and the Recording Secretary for inclusion with the minutes. The pay chart
included pay for firefighter/paramedic and driver/paramedic and Mr. Garnsey reviewed
the figures. The figures showed that Boynton Beach's starting pay is 15% below the
average. The maximum range was not far off from other municipalities, but the time it
took to reach the maximum took much longer. It takes a Boynton Beach firefighter 25
years to reach his maximum, whereas other fire departments range between 7 to 10
years. After those employees reach their max, there is an annual adjustment.
Mr. Jute would like to have the pay plan corrected and to have the City adopt a better
system, which Mr. Garnsey has been working on. Mr. Jute was not referring to the
money as much as the system. Mr. Garnsey pointed out that the County has 8 steps
and a person reaches their maximum within that time. After certain periods in time, they
receive longevity increases.
Ms. Reese inquired if all firefighters had to be paramedics and Mr. Garnsey said they
did not. He used this for comparison purposes to show what a person would receive if
they were a paramedic as well as a firefighter. If a Boynton Beach firefighter were not a
paramedic, their base pay would be $7,488 less.
Mr. Hawkins said that they would look at these figures. Mr. Hawkins asked if there were
municipalities that pay their paramedics a percentage of salary. Mr. Kinser responded
that Palm Beach County and most of the comparable cities pay a percentage of salary
to their paramedics.
Article 29 - Vacancies and Promotions
Mr. Hawkins stated that they are projecting a 10% promotional difference for
Lieutenants.
Mr. Jute requested that Mr. Hawkins review the information furnished by Mr. Garnsey.
He said that they are extremely interested in moving into a step plan that most of the
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IAFF Local 1891 Contract Negotiations
Boynton Beach, Florida
August 27, 2001
other fire departments employ. Mr. Hawkins inquired how this would work with the
current firefighter 1, 2 and 3 scenario. Mr. Garnsey prepared a sample pay plan, which
he presented to Mr. Hawkins and the Recording Secretary for inclusion with the
minutes. The steps were in 5% increments to keep it simple. This would save the City
money because other departments have separate tiers that come out to more than a
5% raise. The sample would still not bring the City up comparably to the other cities.
Mr. Hawkins inquired how this method would work on a performance basis if everyone
who moved to the next tier received a preset increase. Mr. Garnsey stated that they
would move to the next tier based upon a satisfactory performance review. Ms. Reese
noted that this would eliminate the 0-4% increase that was proposed based upon a
satisfactory performance.
Mr. Garnsey said that they have been using the performance system for a year and
have found that it does not work because of the number of supervisors doing the
ratings, since every supervisor rates people differently.
Mr. Jute also stated that the performance system was not fair and has caused a lot of
problems. Mr. Jute would like to see a "pass or fail system" so that everyone is on the
same playing field. Mr. Garnsey said that they are still using the performance appraisal
for promotions and professional development, but as far as different people being paid
different rates for doing the same job, it does not work. Mr. Jute said that they preferred
the step system. Mr. Hawkins asked if this has been relayed to Administration and Mr.
Jute stated that it has.
Mr. Jute noted that when he was evaluated, he had only worked with this supervisor for
four days and the system is not good for the Fire Department because of the constant
personnel change. Also, Mr. Kinser asked how people are supposed to be evaluated
since they perform so many duties.
Chief Ness asked if there was some kind of compromise that they could come to
because he feels that goals and objectives are important and are a benefit to the
Department. Mr. Jute said they are not trying to do away with the evaluation system,
they only want to make it fair.
Discussion took place about finding some type of consistency among the supervisors in
rating their employees. It was acknowledged that not all supervisors rate their
employees the same way, which creates problems. Mr. Hawkins asked what they would
consider satisfactory under the performance measures that have been set. Mr.
Hawkins noted that what Mr. Jute was proposing was either a pass/fail system and
asked what would happen if an employee failed their evaluation. Mr. Kinser pointed out
that people have failed their evaluations in the past and they would have 90 days to
pass their evaluation. Mr. Hawkins felt that this needed to be discussed at greater
length and some type of resolution needed to be arrived at.
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IAFF Local 1891 Contract Negotiations
Boynton Beach, Florida
August 27, 2001
CONCLUSION AND FOLLOW-UP
Mr. Hawkins said that they would (1) look at the pay plan adjustments and the numbers
some more; (2) they will look at the performance issues; and (3) the issue of the length
of time to achieve maximum pay also needs to be looked at.
Mr. Garnsey pointed out that there is a current problem in the Department. With the
elimination of the step plan, people are now leap frogging. They would like to eliminate
this practice by adopting the step plan. This would prevent anyone who is in the same
pay scale and has been with the City for only two years from making more money than
someone who has been here for four years.
NEXT MEETING
Mr. Jute said that they are committed to getting this done in a timely manner and
requested that they meet more often. Mr. Jute requested that if it were necessary, they
were prepared to meet every week. Mr. Hawkins suggested meeting sometime during
the second week of September. He will notify all parties by email of the next meeting
date.
ADJOURNMENT
There being no further business, the meeting properly adjourned at 12:35 p.m.
Respectfully submitted,
Barbara M. Madden
Recording Secretary
(three tapes)
With attachments:
Article 2
Article 4
Article 29
Addendum C
Pay plan survey
Sample pay plan
Cc: Rosemarie Lamanna, Legal Department
Chief Bingham
(September 3, 2002)
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