08-28-08 Impasse HearingIMPASSE HEARING
August 28, 2008
A Public Impasse Hearing between the Professional Firefighters and Paramedics of Palm Beach
County, IAFF, Loca12928 and the City of Delray Beach, Florida, was called to order by Mayor Rita
Ellis in the Commission Chambers at City Hall at 5:00 p.m., on Thursday, August 28, 2008.
Roll call showed:
Present - Commissioner Gary P. Eliopoulos
Commissioner Fred B. Fetzer
Commissioner Woodie McDuffie
Commissioner Mackenson Bernard
Mayor Rita Ellis
Also present were - David T. Harden, Ciry Manager
Susan Ruby, City Attorney
Chevelle D. Nubin, Ciry Clerk
Mayor Ellis called the meeting to order and announced that it had been called for the purpose of
considering the following item:
Impasse between the IAFF Loca12928 and the City of Delrav Beach
Leonard A. Carson, Attorney, Carson & Adkins, representing the Ciry of Delray Beach,
presented the City's position on Management Rights, Discipline and Discharge Items (Articles
4A & 4B, 22, 29, 40); Economic Items (Articles 13A & 13B, Article 17/47, New Article -
Employer Match of Contribution to 457 Plan) and Miscellaneous Item (New Article -Take
Home Vehicle Policy).
Mark W. Floyd, Attorney, Mierzwa & Associates, P.A., representing the IAFF Local 2928,
discussed the union's proposals regarding Management Rights, Discipline and Discharge Items
(Articles 4A & 4B, 22, 29, 40); Economic Items (Articles 13A & 13B, Article 17/47, New Article
- Employer Match of Contribution to 457 Plan) and Miscellaneous Item (New Article -Take
Home Vehicle Policy).
Both Attorneys gave rebuttal. The Commission asked various questions regarding retroactive
dates for salary increases, sick leave accruals, discipline, 1 % match for the 457 plan and the take-
home vehicle policy.
Susan A. Ruby, City Attorney, referenced page 16 of the booklet and provided direction to the
Commmission regarding the format fox making motions.
Motion #1: Commissioner Bernard moved to adopt the special magistrate's recommendation
regarding Article 4 (Grievance Procedure). This motion failed for lack of a second.
Motion #2: Commissioner Fetzer moved to adopt the City Manager's recommended language
regarding Article 4 Grievance Procedure, eliminating language that allows employees to grieve disciplinary
action, seconded by Commissioner Eliopoulos. Said motion passed 4-1; Commission Bernard
dissenting.
Motion #3: Commissioner McDuffie moved to adopt the Special Magistrate's recommendation
that the 1 % across the board increase be retroactive to October 7, 2007, seconded by Commissioner
Eliopoulos. Said motion passed 4-1; Mayor Ellis dissenting.
Commissioner Eliopoulos and Commissioner McDuffie gave comments regarding the 1% salary
increase before the vote.
Motion #4: Commissioner Eliopoulos moved to adopt the City Manager's recommendation to
maintain the existing contract language for Article 17 Sick Leave and Article 47 Leave Pay Out
Accruals, seconded by Commissioner Bernard. Said motion passed 5-0.
Commissioner Eliopoulos and Mayor Ellis commented regarding Sick Leave before the vote.
Motion #5: Regarding Article 22 Management Rights, Disciplinary Actions, it was the
consensus of Commission to keep the same motion and vote as in Motion #2, Article 4
Grievance Procedure. Both attorneys conceded to have the same motion and vote as in Motion
#2, Article 4 Grievance Procedure.
Motion #6: Commissioner Bernard moved to adopt the City Manager's recommendation to
maintain the existing language regarding the reasonableness of rules and regulations for Article 22
Management Rights, Section 1(L), seconded by Commissioner Fetzer. Said motion passed 5-0.
Motion #7: Regarding Article 29 Dismissal/Discharge, it was the consensus of Commission to
keep the same motion and vote as in Motion #2, Article 4 Grievance Procedure. There were no
objections from either attorney.
Motion #8: Regarding Article 40 Drugs and Alcohol, it was the consensus of Commmission to
keep the same motion and vote as in Motion #2, Article 4 Grievance Procedure. There were no
objections from either attorney.
Motion #9: Commissioner McDuffie moved to adopt the Special Magistrate's recommendation
to continue the 7% match for Ocean Kescue employees in the 457 Plan, seconded by Commissioner
Eliopoulos. Said motion denied 3-2; Commissioner McDuffie and Commissioner Eliopoulos
dissenting.
Motion #10: Commissioner Fetzer moved to adopt the City Manager's recommendation to
discontinue the 7% match for employees in the 457 Plan, seconded by Commissioner Bernard. Said
motion passed 3-2; Commissioner Eliopoulos and Commissioner McDuffie dissenting.
Motion #11: Commissioner Eliopoulos moved to adopt the City Manager's recommendation to
not include an article on the Take Home Vehicle issue in the collection bargaining agreement, seconded by
Commissioner Fetzer. Said motion passed 5-0.
2 August 28, 2008
The City Attorney asked both attorneys if there were any other votes they would like taken in this
matter. Both attorneys stated no.
Mayor Ellis adjourned the Impasse Hearing at 6:50 p.m.
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City Clerk
ATTEST:
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MAYOR
The undersigned is the. City Clerk of the City of Delray Beach, Florida, and the information
provided herein is the Minutes of the Impasse Hearing of the City Commission held on Tuesday,
August 28, 2008 which Minutes were formally approved and adopted by the City Commission on
October 7, 2008.
City Clerk
NOTE TO READER: If the Minutes you have received axe not completed as indicated above,
this means they are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval, which may involve amendments, additions or deletions to
the Minutes as set forth above.
August 28, 2008