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Minutes 01-07-91MINUTES OF THE SPECIAL CITY COMMISSION MEETING HELD IN COM- MISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, MONDAY, JANUARY 7, 1991 AT 7:30 P. M., RE REJECTION OF RECOMMENDA- TIONS OF SPECIAL MASTER, WHICH OCCURRED FOLLOWING AN IMPASSE IN THE COLLECTIVE BARGAINING AGREEMENT NEGOTIATIONS PRESENT Gene Moore, Mayor Lee Wische, Vice Mayor Hillian Artis, Commissioner Denys "Sam" DeLong, Commissioner ~rline Weiner, Commissioner J. Scott Miller, City Manager Sue Kruse, City Clerk Jim Cherof, City Attorney Yamile Trehy, Assistant City Attorney Mayor Moore called the meeting to order at 7:30 P. M. After leading the Pledge of Allegiance to the Flag, he tlurned the meeting over to City Manager Miller. qity Manager Miller expressed the feelings he had, sitting ~s Chief Administrative Officer responsible to the City qommission, residents and the employees. He appreciated the ~ork of the employees but asked them to remember they were Hitting on the Union's side, and he was sitting on the anagement's side. City Manager Miller stated he had to ake his.calls based on finances, dollars, affordability, he City s ability to pay, and equitability. He called ~ttention to the 314 general employees, who represent 46% of tlhe full time work force of the City. Qity Manager Miller continued by saying any economic benefit ~hat carries a dollar value over and above the existing ones ~t this time must be funded. The City has no reserve funds. Qity Manager Miller referred to the City's tax rate and ~dded that all fees for every service were raised across the oard this year. The City even came up with new ones (fire nspection fees and interim service fees). City Manager iller stressed if they were going to grant any economic ~enefits, they would have to pull those dollars from another ~ppropriate source because the City has no reserve. The ~ity is operating in the red. ~n looking at his responsibility for the whole government ~tructure, City Manager Miller could not recommend that the give Special Master recommendations be granted. With regard Co the economy, he read the titles of newspaper articles, which began in January. (The Commission had a list of the articles.) The articles referred to lay offs, hiring freezes, restricted spending, and the recession. City MINUTES - SPECIAL CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 7, 1991 Manager Miller said any positive indicators of a rising economy would not be seen in today's papers. If the State is going to start looking towards cutting back services and ~unds, he predicted the City's share of revenues will be cut back accordingly. As to the financial condition of the City, City Manager Miiller called attention to a current update dated January 4, 1!991, which was prepared by the Assistant Finance Director. Als of September 30, 1990, the City had a fund balance of miinus $432,147.31, and the $706,000 insurance monies received iR the Tradewinds suit had already been applied. City ~anager Miller also referred to the liabilities in the amount olf $892,610.92 and stated they are not budgeted. He further nioted that the City's self insurance coverage funds are 1.1 ~illion dollars short. The City contributes to those funds o~n an annual basis. City Manager Miller elaborated. City Manager Miller said the Commission had a breakdown on the employee classes. There are three Police Unions, which riepresent 18% of the 679 full time employees. Fire has 10% ~f the employees. The International Brotherhood of Firemen ~nd Oilers (IBFO), Local 1227, represent 26% of the eimployees. 46% of the employees are general employees not Covered by any bargaining unit. ~ity Manager Miller quoted a statement from page 10 of the Special Master's report, as follows: ". the City must ~lso be aware that to keep good and faithful employees, ~very effort must be made to establish fair and equal treat- ment for all its employees." He pointed out the Police and ~ire only represent 28% of the employees. If the Commission ~anctions and grants additional benefits to the IBFO, City Manager Miller said the City will be forced into the posi- tion of having to grant additional benefits to 46% of the ~mployees unrepresented by any Union (general employees). He further commented. Relative to the concerns some individuals had, City Manager Miller advised the City was not reducing employee benefits ~xcept for call back. Not every bargaining member receives ~his benefit. They are entitled to it, but they do not always receive it in a full twelve month period. The City ~s recommending to pay salary increases effective at the ~ime the contract is ratified. MINUTES - SPECIAL CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 7, 1991 City Manager Miller recommended that Carrie Parker, Assistant City Manager, present each Section. The Union's bargaining group could then give presentations. Dawn Bonard, IBFO, Local 1227, P. O. Box 449, Boynton Beach, FL 33435, interjected that they had at least five speakers who wished to give opening statements. Miichael J. Melillo, IBFO, stated the City Manager and Assistant City Manager continue to punish blue collar workers by withholding retroactive pay. They admitted money was b~dgeted back in May of 1990, but they did not mention that o~ August 9, their proposal had a 3% increase (1½% on O~tober 1, 1990 and 1½% on April lst.) Mr. Melillo asked who delayed the process. It was not until September that they proposed 6%. The money that was budgeted has been dirawing interest, and the employees are entitled to the money. The City Manager gave retroactive pay with interest liast year, and the City has also paid retroactivity. Mr. ~elillo stated the increase the IBFO was speaking about was 31% and 3%, which would come out to 4½% for the year, not 6%. The 3% offered for the first six months was because of the delay in the process, the Special Master, and the Commission Meeting. It actually dropped from 3% to 2%. Mr. Melillo did not feel the blue collar employees should ~e punished because of management decisions and Special Master recommendations for retroactivity. He pointed out t~at the Union did not delay the negotiations. They were ~illing to meet at any time and date and for longer periods df time. Mayor Moore asked what the Special Master's recommendation ~as on retroactivity. City Manager Miller answered that the ~pecial Master recommended retroactivity be given. City ~anager Miller added this would be up for discussion as item . Mayor Moore advised Mr. Melillo he would be allowed to ~peak again. Gary Alvord, Recreation and Parks, IBFO, compared this to a ~ame of chess and stated a stalemate is a "lousy way to end ~ game." He said the big question was whether they were on ~pposing sides. As they all work for the City of Boynton ~each, he asked if they were not all on the same side and ~ad a common goal. Mr. Alvord inquired whether the morale ~f the workers was one of the goals and whether blue collar ~mployees were any less as human beings than white collar ~mployees. He stated the issues were determined to be viable ~nough to warrant a Special Master on both sides. The MINUTES - SPECIAL CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 7, 1991 Special Master came to what they felt were solutions not equitable to the City or the Union, but equitable to human beings. He invited the Commission members to work with him for one week at his rate of pay to determine whether or not the employees are worth more money. Earl Carver noted City Manager Miller stated not all employees are getting the call back for three hours. He k!new many people not in the Union, who were getting the three hour call back. When they negotiated last year, Mr. Carver recalled City Manager Miller had readily agreed t!o this. He asked whether the City could ask a man to go Qut in the middle of the night, work in sewage, and not get ~ompensated for it. Mr. Carver stated the employees are not being called like they should be. He mentioned Greentree ~nd Limetree and said a lot of people are getting upset because no one is coming out. That was a benefit the employees wanted to keep. Wanda Stimpson, Business Agent for IBFO, Local 1227, and a ~oynton Beach taxpayer, asked the Commission to consider Several items in the Special Master's ruling. She asked whether the City Manager and Assistant City Manager had presented all of the facts to the Commission. Figures on papers can be adjusted to whatever the Commission wants. A reduction of benefits and denial of retroactivity will ~urther reduce the morale of the employees and productivity. Ms. Stimpson said the employees were only requesting that the Commission give to them the same benefits that have been extended to the Police and Fire employees. For two days, facts, exhibits, and testimony were given to the Special Master. Ms. Stimpson said they could not present in two hours what took them nearly two days tO present to the ~pecial Master. A total of 17 issues were heard by the ~pecial Master. Seven were given to the City. Three were ~plit decisions, and seven ruled in favor of the Union. The ~mployees were willing to accept the Special Master's deci- sions, both for and against them, but Ms. Stimpson said the City Manager and Assistant City Manager want to break the employees. Ms. Stimpson wondered whether the Commission would be so adamant about its decision if this were an all white unit and not 50% or 60% black. The Union thought not. The employees decided on a Union to receive better benefits. Until now, the question of equal benefits for all employees, including general employees, was never raised. It was raised when IBFO employees requested certain benefits that were given to the Fire and Police employees. 4 MINUTES - SPECIAL CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 7, 1991 Ms. Stimpson asked the City Commission to look at the faces of the people before them when making their decision. A. Article 10, Section 4 - Call Back Carrie Parker, Assistant City Manager, serving as Chief Negotiator, said beginning June 26, 1990, there was a total ~f 11 meetings, which lasted many hours. Last year, the City Management approved a three hour call back. The t~ree hours are paid at time and a half and cal~culated from the time an employee leaves his residence until the time the ~mployee returns home, so travel time was included. A survey showed 63% of the surrounding cities do not pay a Call back. The average length of time for a call is one ~our, 43 minutes, which includes the employee's travel time. anly 2% of the calls were over three hours in length. The ~ity offered a two hour minimum call back and felt it was flair. Many surrounding cities use the two hour call back. Palm Beach County utilizes a one hour call back. Assistant City Manager Parker called attention to Exhibit 1 in the Commission's backup. A Union representative asked whether the two hours would be time and a half or straight time. Assistant City Manager Parker replied the City's position is that for two hours, Employees will be paid time and a half. If it took two hours and 15 minutes, they will be paid time and a half for tihe additional 15 minutes. That would be for each time they are called out. Another Union representative inquired whether Assistant City Manager Parker was talking about the bargaining Union members or anybody. Ms. Parker answered it is the City's policy to provide similar benefits to the 313 general smployees who are not in the bargaining unit. If this issue is settled, those employees will also get the benefit. The r!epresentative said the general employees were given their cost of living increase, and they get call backs, but men in the bargaining unit do not get call backs. He said siomething was not right. Ms. Parker responded that the City iis going through a unit clarification. When this unit came iln last year, certain employees were deemed to be in the unit, and certain employees were deemed to not be in the unit, but they were similar in classification. Ms. Parker admitted some were pulled out that were not specified last year and the City is going to ask for a clarification as to whether those employees should be in or out of the unit. The City is now giving a one hour call back until this issue is settled. 5 MINUTES - SPECIAL CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 7, 1991 Richard Stone, Union Member, resident of the City, who works for the division of Utility Mechanics, stated they are ofen called out after the regular working hours. He felt they should have the additional hour of time and a half because of the inconvenience of being called out in the middle of the night. Two individuals are on call when an emergency alarm comes in. The lead man carries a beeper and is known as the beeper man. He is compensated $60 a week for carry- ing the beeper. If you consider the hours outside of his Working hours, it is 47¢ an hour. The backup man, who ~arries a radio, can refuse to go out, but most men working as a backup man feel it is their duty to be available. The backup man receives nothing for being available. Mr. Stone ~elt it only just and equitable that the backup man receive dome kind of additional compensation for the inconvenience. Wanda Stimpson, IBFO, referred to the Special Master's ~ecommendations and reiterated that things were not being Shown clearly tonight. The Special Master studied different areas. Areas that may have a lesser call out time paid ~enefits other than what the City of Boynton Beach pays. Ms. Stimpson recalled Ms. Parker kept stating there should be areas closer to this vicinity. Ms. Parker had objected to areas such as Melbourne, Fort Lauderdale, and Miami, but Used them in the figures before the Commission. Ms. Stimpson wanted the Commission to consider other items that ~re paid, and she said the Special Master took all of the tems into consideration before making the ruling that the ~hree hours should remain the same. ~s. Parker clarified that the other cities Ms. Stimpson ~entloned were used as the Union's exhibits, not the City s exhibits. The City did not use them on the call back issue. B. Article 11, Section 6(b) - Sick Time Assistant city Manager Parker told the Commission the City Currently provides a sick leave buy back program for the police and Fire Unions, which constitutes 28% of the City's Work force. 72% of the work force does not presently have ~hose benefits. This benefit was given to the Police and ire Unions several years ago under a different economic picture. Ms. Parker explained Exhibit 2 in the Commission's ~ackup. A comparative survey showed all of those cities had a more restrictive sick leave termination reimbursement than Boynton Beach. In Boynton Beach, if you are here for six months and terminate your employment for whatever reason, you receive 50% of your sick leave at the current rate Of pay at 6 MINUTES - SPECIAL CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 7, 1991 the time of termination. There is no limit on-that. 50% of the surrounding cities do not have sick leave by that program. This would be a new benefit for this employment group, and the City recommended that the Commission leave t~he current sick leave program "as is" The Union wanted this program plus the buy back program, Which would allow the buy back of sick leave on an annual Dasis. The Special Master recommended a compromise from the Qriginal Union position. The compromise was that the ~mployee would be able to buy back up to six days a year after they accumulate 120 hours. Ms. Parker informed Mayor ~oore that "buy back" meant the City would pay the employees ~or six days per year at their current rate of pay. The ~riginal sick leave buy back proposal recommended by the Union was for $74,702.55. The Special Master's proposal was 442,570.97 to allow the employees to buy back the six days per year. The $76,878.36 was the Union's proposal, which Nas not limiting the six days. Ms. stimpson, IBFO, noted Ms. Parker kept saying everyone Will sell back their sick time. Some employees have a high ~ick balance, but they do not intend to sell back a lot of ~heir sick time. When they sell back their sick time, they ~educe their sick pay. If all the employees left tomorrow, ~he City would have to pay this money. They could be paying {t now, at a reduced rate, or at a higher rate, when the ~mployees get ready to retire. The benefits should be an ~ption to the employee. Ms. Stimpson stated management has that type of benefit with its vacation pay, so she asked ~hat they give the same to their employees. Ms. Stimpson noted Ms. Parker kept stating that everything ~he IBFO negotiates has to go to the general employees. She ~ound that an interesting avenue because everything the police and Fire negotiated did not go to the general ~mployees or the IBFO units. Ms. Stimpson stated taking this ~venue was a violation of the City's Personnel Rules and Regulations, and she referred to the Personnel Rules and Regulations book the City has. Article 20, Secion 1 - Wages ~ssistant City Manager Parker said the City recommended a $% cost of living increase effective the first pay period after ratification (January 3, 1991) and 3% effective April 1st, in addition to a 5% merit program the City has. The ~nion went to the Special Master at 4% on October 1st and 7 MINUTES - SPECIAL CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 7, 1991 4% April 1, 1991. The Special Master agreed with the City's pay package but said the City should consider retroactive pay back to October 1st. The City put forth its first pro- posal on June 26th, and it was stated in that proposal the increase would be effective the first pay period after rati- fication. Ms. Parker emphasized that statement was con- sistent and constant in every meeting they had. The City dlid not change its position that it would not agree to r~troactive pay. ~s. Parker referred to Exhibit 3, which showed what s~rrounding cities received this year. Many cities in the asea laid people off this year. To date, Boynton Beach has nDt done that. Ms. Parker said the IBFO employees were aware of what was in the other contracts and were also aware o!f what the surrounding cities were receiving. They still dlecided to go to the Special Master with the 4% and 4%. ~any issues were settled prior to October 1st. Both sides fielt very strongly about several issues. Ms. Parker thought the City offered an excellent package for the economic times aind the City's budget year. Rue to the fact negotiations will be opened with all Unions n~ext year, the City was recommending that the cost of living olnly be retroactive to January 3rd, which was the start of the pay period for that week. Ms. Parker told what other ciities are doing. She informed Mayor Moore the Union's position was 3% retroactive to October 1st, 3% the 1st pay period in April, 1991, and 5% retroactive back to Oictober 1st. The Special Master took the Union's position Qn the retroactivity but did not go with the Union's 4% and ~%. I!n instances where the Special Master made recommendations ilnvolving dollars that the City does not have, Mayor Moore wondered whether the Special Master gave any recommendations ~f where the City is to get the money. Ms. Parker answered that the Special Master did not address that. ~ representative of the IBFO recalled Ms. Parker stated that on June 26th, she, as a representative of the City, siaid the pay plan would become effective October 1, 1990. Ms. Parker objected, and clarified that she said the City s~tated its position on retroactivity. City Manager Miller r!equested that Assistant City Manager Parker read, for the record, the original issue on wages given to the Union on June 26th. Ms. Parker read: MINUTES - SPECIAL CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 7, 1991 "Effective the first pay period after this Agreement is ratified, employees in the Bargaining Unit will continue under the City's existing annual evaluation plan except that the employee evaluation shall be based on a performance review only and no merit increases will be given. Effective October 1, 1990, all Bargaining Unit employees will continue under the 1989-90 pay plan for fiscal year 1990-91." Assistant City Manager Parker said the City kept the ~anguage of the first paragraph quoted above in each subse- quent offer. Based on that, the representative for the IBFO ~elt (since the City had budgeted 3% and 3%, which matched %he general employees) the City was using this as a bargaining chip. After going back and forth, the represen- tative said they wound up with 3% and 3%. Then a statement was made that the City does not have the money to make it retroactive. The representative stated, according to the budgetary process, apparently, the City does have the money to make it retroactive. The IBFO was not asking for interest payments, which the City granted last year. The City knew how much it wanted to give the employees, and the !BFO agreed to it. The representative felt retroactivity Should be granted. The IBFO representative further felt, for some reason, that in the contract the annual evaluation also became a bargain- ing point. In the previous contract, it was not bargainable. The only language stated in the contract currently in effect was that no wage increases will be given until the contract is settled. At that time, it was understood to be pay increases, i.e. cost of living. It was not understood to be pay increases, i.e. annual merit increases. The representa- tive felt the City was a "little bit of a bad guy" for hold- ing up the annual evaluation increases to 26% of the employees that the contract covers while paying it to the 46% the City says the City Commission and City Manager's office is looking out after. Wanda Stimpson, IBFO Representative, recalled Mayor Moore inquired whether the Special Master had asked where the City would get the money. She advised the question of retro- act%vity was not where the City would get the money. The money has been sitting here. Ms. Stimpson informed the Commission that City Manager Miller testified in Special Master hearings that the money had been budgeted back in May. The money has been drawing interest, so the City 9 MINUTES - SPECIAL CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 7, 1991 actually has the employees' money with the interest sitting here. That is where the money for the retroactivity would come from. City Manager Miller responded that the budget is defined as a financial guide. The City's anticipated revenues are not coming in. City Manager Miller was not saying the money ils not there. He was stating the salary increase proposed by the City was generous. It was more than what any other City provided. City Manager Miller stated that the IBFO ~eard what the City had placed on the table. They could ~ead and it should not have taken much to understand what was said, but the Union wanted more. The Union wanted to go %o a Special Master on the issue. Even though the Special Master did not recommend 4% and 4%, he gave retroactivity. Mayor Moore commented many items may be budgeted, but they are not expended, and they go back into the General Fund at ~he end of the year. City Manager Miller said he was working with the Auditors, and the figures were no different than what was placed in front of the City Commission in the Spring, including representatives from each of the Unions. He referred to articles in the newspapers which said the financial condition of the City was not good. A man from the audience advised the statement by Assistant City Manager Parker about 11% was erroneous (5% anniversary date, 3% and 3%). He informed the Commission that 3% in October and 3% in April was not 6%; it was 4½% over one year. It was not 11%; it was 9.5%. Assistant City Manager Parker agreed the man was correct in saying it was 4½% for the first year. She added the City has to budget 6% for the ~ollowing year. The cumulative effect on the employee's check after the first year is that they receive a 6% raise for that fiscal year. The man asked if the employees should get less than they deserve just because neighboring cities get less than what ~hey deserve. He thought the overriding issues were one of accommodation and one of compromise. The man added that the Union is comprised of workers. They are people who have wives and families. They have to pay rent, mortgages, etc. The man saw no compromise with regard to the wage issue, as far as the City was concerned. The man continued by saying the Union brought in a Special Master. The Union accepted virtually every recommendation the Special Master had in favor of the City but rejected almost every recommendation he had in favor of the Union. That was not a spirit of compromise or accommodation. 10 MINUTES - SPECIAL CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 7, 1991 The man noticed the figure of 45% was thrown about. Over the last five years, the 45% included the anniversary wages and the cost of living wage adjustments. He said the City used the 45% in reference to what the consumer price index had been for the past five years. The man stated that the anniversary raises and the cost of living given to the ~mployees are two separate things. He said to compare'the Wage adjustments given to the employees in the last five years as opposed to the consumer price index. The City has give~ wage adjustments of 20.5%. The consumer price index has gone up 18.3% in that period of time. In 1985 and 1986, ~he City gave the employees more than the consumer price index. In 1987, the consumer price index was 4.4%. The City gave the employees 4%. In 1988, the consumer price index was 4.4%. The City gave the employees 3.5%. In 1989, ~he consumer price index was 4.6%. The City gave 3%, so each succeeding year, it has gone down. The first 11 months 0f 1990, the adjusted inflation rate was 6.1%. The Union asked for 4% and 4%, which would have given the employees 6% Over a year, in an attempt to keep pace with the inflation ~ate because in the three succeeding years they had not ~otten it. The City offered 3% and 3%. The Union said they would take what the Special Master recommended, the 3% and 3%. The man thought that was quite a compromise. The man continued by saying now the City was saying they Would not make the 3% retroactive, so now they were not even ~alking about 4½% over a year. They were talking about less ~oney, which certainly was not in a spirit of compromise. ~e added that the 4½% is 1.6% lower than the adjusted ~nflation rate of 6.1%. He asked where the 1.6% would come Out to keep pace with inflation and answered that it would come out of the 5% anniversary raise. The man inquired how ~hey would keep up with the pace of inflation. The man pointed out that the City is also making people do iongevity, which means they do not get their anniversary ~aise. Every year that person loses money. The man felt they could reach some middle point. He noted there have ~ecently been newspaper articles congratulating the City administration on the job it is doing. The man did not %hink the reporters had been among the workers because the morale among the City blue collar workers is extremely poor. ~hey feel they have a City administration which is very 11 MINUTES - SPECIAL CITY CO~ISSION BOYNTON BEACH, FLORIDA JANUARY 7, 1991 calloused towards them and that has no sensitivity towards their needs and their wants. The man informed the Commission that the workers did not even get an explanation as to why they did not get a Christmas bonus. He thought they would at least get a letter of thanks. The man hoped the Commission would show ~he care and respect for the City workers that apparently the City Manager's office lacks toward them. Assistant City Manager Parker responded that they tried to group all of the economic benefits which the employees were ~eceiving together so the employees, taxpayers, and the City dommission could realize the economic benefits the City Was providing to the employees. Obviously, this had not been done before. D. Article 20, Section 3 - Working Out of Classification ~ssistant City Manager Parker said this is a new benefit the ~mployees do not currently receive. No other group, other ~han the Police and Fire, receives this benefit. That is qnly 28% of the City's work force. Assistant City Manager Parker estimated what this would cost. She explained that ~ccasionally, employees are used to perform jobs in a higher !lassification for short time periods when other employees are out sick or on vacation. This allows an employee to have on the job training in the other position. Supervisors Qan watch their performance and comment on it when the employees become eligible for promotion. The Special Master put forth a compromise position on this, but the City was recommending that the current contract language be main- ~ained. That was that no working out of classification ~enefit be added this year. ayor Moore asked what the Union's position was. Mr. elillo, IBFO, replied that the Special Master recommended hat employees being used in jobs they are not trained for nd being given more responsibility should be paid more for ~he added responsibility. The City Manager and Assistant City Manager stated in letters to PERC that the Union never ~xhibited a need for change. Mr. Melillo said that was an ~rror on the City's part because many times the need was roven. Anywhere, in the private or public sectors, you ~re paid for working in a higher classification. The Police ~nd Fire receive compensation for working out of classifica- tion now. Mr. Melillo asked whether that was fair to blue ~ollar workers. 12 MINUTES - SPECIAL CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 7, 1991 Mr. Melillo stated they were talking about the budget and how the money would be paid. The City was willing to pay out legal consultation fees to fight the Union on different occasions (months of negotiations last year). They came up with a contract after paying out all that money, then turned around and threw it out the window to redo it again this ~ear and pay legal fees again plus a Special Master. That ~oney came from somewhere, and Mr. Melillo wondered why it ~as not used to pay some of this retroactivity or for ~orking out of classifications. ~ssistant City Manager Parker pointed out that the City did ot use an Attorney this year for negotiations. She and the ~ersonnel Department did the negotiating. E. Article 29 - Management Rights ~ssistant City Manager Parker said the City's proposal was 'lto determine the methods, income, and personnel by which ~uch operations are to be conducted, including the right to qontract and subcontract existing and future work." The ~ity Manager put this forth as a management right for the Qommission to determine if, in terms of economic or effi- Ciency reasons, they felt the private sector could better ~andle something, the City w~u~d have the right to contract ~r subcontract out that provision. t the Special Master's hearing, the Union put forth manage- ent rights provisions from the City of Melbourne, the City f Fort Lauderdale, and Broward County as part of their ~xhibit. Assistant City Manager Parker read paragraph 6, irom Article 4 of the City of Melbourne's Agreement: "6. To etermine the methods, means, and personnel by which such perations are to be conducted, including the right to ontract and subcontract existing and future work." She aid that was basically the same language the City was roposing. ~he next exhibit the Union put forth was from the City of ~ort Lauderdale, and Assistant City Manager Parker read para- ~raph I of that exhibit, as follows: "I. to determine the ~ocation, method, means, and personnel by which operations are to be conducted, including the right to determine ~hether goods or services are to be made or purchased or to ~e contracted out or subcontracted." She commented it was ~asically the same language. Ms. Parker added that the ~roward County Contract, in paragraph J, read: "J. set ~tandards of service to be provided to the public, including 13 MINUTES - SPECIAL CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 7, 1991 the right to subcontract~ and". The City also had many exhibits that had this same language. Ms. Parker advised it is a common management clause, and the administration felt the City Commission should have the right to determine whether they wish to subcontract work out. D~wn Bonard, IBFO, responded the Special Master ruled that should not be management's right. If it was necessary for the City to subcontract out services, she felt the City had the responsibility to negotiate that with the employees' Union, the same as a plant closing or anything else, because ~f the impact on them. Oftentimes, it is necessary to ~egotiate whether two months of health insurance should be paid to get the employees through that period until they flind a new job, etc. Ms. Bonard recalled the City took the position that they have the right to put the drug program under management's ~ights. The Special Master again ruled against the City. ~e said the City may have a drug program, but it should be Under a separate Article. Assistant City Manager Parker iinterrupted to advise that the City agreed to that. Ms. Bonard felt that should not be, and she asked the dommission to reject that. Mayor Moore thought they had concluded the input from both Sides. Commissioner Weiner asked if the public had any input. Robert Olenik, former City Commissioner, 29-D Crossings Circle, Boynton Beach, was involved in this process as City ~ommissioner for several months. He read the Special Master's report and was concerned that the Special Master, When comparing this Union's concerns, only compared them With the other Unions within the City. Mr. Olenik pointed Qut that more than 300 City employees are not a part of any Union. He thought the Commission should treat each employee as fairly and equitably as possible. Mr. Olenik thought there were 197 Members in the IBFO, and he did not see that many members pre~nt at this meeting. From talking to the members, he found there are far more members of the IBFO that are not active members. They care less whether the Union exists, because they feel the City has treated them fairly in the past. Mr. Olenik asked the City Commission to maintain a clear vision of its fiduciary responsibility to the taxpayers of the City. The infor- mation Mr. Olenik had reflected 55% of the City employees in 14 MINUTES - SPECIAL CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 7, 1991 the IBFO live in the City. With the majority of the call backs being less than two hours, he questioned whether the City was giving away something it should not be giving away. ~ith reference to the retroactivity of wages, Mr. Olenik aHreed the money is in the budget. He said the issue on rietroactivity was not a financial issue. In his opinion, ill the Commission backed down on retroactivity once again this year, they will be sending a message to the other ~nions that will be coming up for negotiations that it does mot matter how slow a process works if the employees always kinow they will get what was offered. Mr. Olenik said now Was the time the Commission should stick to its guns and make a statement to the other Unions that they mean business. Iin the past, the Commission has fallen back and given retro- activity. Now was the time the Commission needed to stand f!irm. Mr. Olenik elaborated on the Commission's responsibility to tlhe taxpayers but said they also needed to weigh that with whether the employees could sustain themselves with the benefits being offered. He thought the City was treating t~e employees fairly. Mayor Moore asked whether Mr. Olenik ~upported the recommendations of the staff. Mr. Olenik ~nswered affirmatively. Benjamin Cain, 140 N. E. 16th Avenue, Boynton Beach, felt ~he Union representatives were only asking for what they ~hought they deserved. The white collar workers are ~bviously being given what the blue collar workers are not being given. He did not feel the Union was asking for too much. Mr. Cain referred to the City saying they do not have the money, and he asked what happened to the money. He empha- sized he was against subcontracting work out and felt it Would be ridiculous. Mr. Cain called attention to the fact ~hat the City has very few black folks employed, other than in the positions they are in. The black folks are only qualified to do menial jobs, according to the City. They 9re not qualified to deliver water bills, so all they can do is pick up a garbage can and dump it. Mr. Cain urged the City Commission not to take this from the black folks and to at least let them do what they can do. If the City ~liminates the Public Works Department, it will not only hurt the City, it will hurt the black people in the community. 15 MINUTES - SPECIAL CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 7, 1991 Stuart Bee, a Union member, was proud to be employed by the City. Relative to the issue of sick leave, he did not believe it was mentioned that a lot of workers use up all' of their sick leave. By being able to build the sick leave up and buying it back, those people would probably fight the u!rge to call in sick and would jump at the chance to take that extra money. Mr. Bee felt that would be good for the ~ity and the workers. Mr. Bee did not think it was fair for employees not to be paid for filling a position that is in a higher grade. If Mn employee would be paid for that, the employee would be ~lad to fill in for another employee. Mr. Bee concluded by saying he works for the City first. To him, the Union was like a lawyer is to some people, because they know the issues better than anyone else. That was why he was in the Union. ~ommissioner Artis thought they should take the issues, one at a time. A. Article 10, Section 4 - Call Back ~ommission~r Artis asked for clarification of the issue. ~ssistant qity Manager Parker stated the Union was recommend- ~ng retention of the current contract language for a three ~our minimum call back. The City recommended changing that Go a two hdur minimum call back. Wanda Stim~son, IBFO, interjected that the Special Master made that recommendation, not the Union. Mayor Moore asked ~hether Ms. Parker correctly stated what the Union would like to see. Ms. Stimpson answered affirmatively. ~r. Mauric~ Rosenstock advised that would be time and a half. Dawn Bonard, IBFO, advised the Labor Standards Act requires ~hat overtime is to be paid after 40 hours, so call back ~hould be ime and a half. Motio~ Mayor Moor~ passed the gavel and moved to accept the City's position. Commissioner Artis seconded the motion for discussion.I Commissioner Artis stated she was looking at the fact that no workers have been laid of~. As a means of retaining the workers the City has and being reasonably assured the workers 16 MINUTES - SPECIAL CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 7, 1991 would not be laid off, she requested a discussion. Mayor Moore espoused that position. He regretted that possibly the City was not giving the workers the same thing workers were given two or three years ago. Mayor Moore again referred to the City being in the hole, and he said he would never vote for the City getting into a situation where it has to go deeper in the hole. He thought the only other a~lternative would be to seek somebody to do it cheaper or to c~t back on the work force. The City will diligently alttempt to avoid that possibility. At the present time, the Ciity has financial constraints it has no control over. Commissioner Weiner requested a roll call vote on the m~tion, and was advised by Attorney Trehy there was no need f~r that. A vote was taken on the motion, and the motion carried 5-0. B~. Article 11, Section 6(b) - Sick Time Assistant City Manager Parker said the recommendation from the Special Master was that the City should establish a buy ~ack provision, not to exceed six days per year after an elmployee has accumulated 120 hours. Any employee that aiccumulates more than 120 hours will apply those hours to hiis or her reserve to be paid upon termination in accordance With Article 11, Section 5 of the Civil Service Rules. The Qity's position was that they continue the current contract lianguage, which was a no buy back position. The Union's ~osition was the first position Ms. Parker stated. The City opposed that. ~ommissioner DeLong asked whether the City would retain its durrent practice of paying 50% of sick leave upon termina- tlion or retirement. Ms. Parker answered affirmatively. ~ice Mayor Wische moved, seconded by Commissioner DeLong, to ~ccept the City's position. Motion carried 5-0. Article 20, Section 1 - Wages ~he Union's position was the Special Master's recommendation, ~hat the Union employees receive 6%, to be distributed as an ~cross the board salary adjustment in increments of 3%, ~etroactive to October 1, 1990, and 3% effective the first Day period containing April 1, 1991. Assistant City Manager Parker said the City's position was that the Union employees ~eceive 6%, to be distributed as an across the board sa~Rry ~djustment in increments of 3%, effective January 3, 1991, 17 MINUTES - SPECIAL CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 7, 1991 and 3% effective the first pay period containing April 1, 1991. Commissioner Weiner moved to accept the Union's position, seconded by Commissioner Artis. The motion failed 2-3. Mayor Moore, Vice Mayor Wische, and Commissioner DeLong voted against the motion. Di. Article 20, Section 3 - Working Out of Classification Assistant City Manager Parker read the Special Master's recommendation that employees working out of classification for five continuous working days at a higher classification should be compensated for the time spent in excess of five working days at a rate which is 5% his or her regular base salary. The City's recommendation was that no language be i~cluded in the contract at all. Motion Mayor Moore handed the gavel to Vice Mayor Wische and moved to accept the City's position. Ms. Parker clarified for Commissioner Artis that the City was not recommending that any language be included. The City was recommending that this not be a new benefit at this time. The employees would not receive any benefit for working out of their classifications. The employee would just receive his or her regular pay. Commissioner DeLong seconded the motion, and the motion carried 5-0. E. Article 29 - Management Rights Mayor Moore thought this was very clear. It was whether the City has the right to go out for contract or subcontract for all or any portion of the functions being performed by the Union workers. Assistant City Manager Parker confirmed that was correct. She read the Special Master's language, which was to det.ermine the methods, means, and personnel by which such operations are to be conducted. The City's language was to determine the methods, means, and personnel by which such operations are to be conducted, including the right to contract and subcontract existing and future work. 18 MINUTES - SPECIAL CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 7, 1991 Motion Mayor Moore passed the gavel to Vice Mayor Wische and moved to accept the City's position. Commissioner DeLong seconded the motion. Mayor Moore did not think the City Commission should be deprived of the right to look into this. If all of the f!acts were laid on the table, he thought the employees might be some of the staunchest supporters of this. A vote was taken on the motion, and the motion carried 4-1. Commissioner Artis voted against the motion. C. Article 21, Section 1 - Wages Attorney Trehy observed the vote on this turned down the motion, and she asked for a subsequent motion. Vice Mayor Wische moved in favor of the City's stand on retroactivity. Commissioner DeLong seconded the motion. The motion carried 4-1. Commissioner Artis cast the dissenting vote. Commissioner Weiner explained she had given it her best shot and was not opposed to the motion. ADJOURNMENT The meeting properly adjourned at 9:08 CITY O BEACH ATTEST: (Two Tapes) // Mayor Vice--Mayor Commissioner Commissioner 19