Loading...
01-08-03 SpImpHearingSPECIAL IMPASSE HEARING JANUARY 8, 2003 A Special Impasse Hearing of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor David W. Schmidt in the First Floor Conference Room at City Hall at 3:00 P.M., on Wednesday, January 8, 2003. Roll call showed: Commission Present- Commissioner Patricia Archer Commissioner Jon Levinson Commissioner Alberta McCarthy Commissioner Jeff perlman Mayor David W. Schmidt City Representation- Leonard A. Carson, Esq. John E. Griffin, Esq. Local 1842, IAFF Representation- Mathew J. Mierzwa, Jr., Esq. Local 1842, IAFF- James H. Tabeek, President, Local 1842 Steve Zickl, Shop Steward, Local 1842 Also present were - City Manager David T. Harden City Attorney Susan A. Ruby City Clerk Barbara Garito Director of Human Resources Edward Gusty Mayor Schmidt called the meeting to order and announced that it had been called for the purpose of considering the following item: 1. City Commission Hearing on Special Master's Recommendation for Resolution of Impasse between the City and IAFF on Ocean Rescue Classifications. Mathew J. Mierzwa, Jr., Esq., representing Local 1842, IAFF introduced the summary of issues on the table to be resolved in the Impasse Hearing between the City and IAFF on Ocean Rescue Classifications: ISSUES Wages Local 1842 City · Across-the-board wages 3.0% on 10-01-01 2.5% on 10-01-01 3.0% on 10-01-02 EMT pay $.50/hr. on 10-01-01 $50/mo. on 10-01-01 Internal pay ~1,500 for 2-4 yrs. -0- ~3,000 for 4-6 yrs. -0- ~4,500 for 6 or more -0- Pension Matters · Normal retirement 20 years 30 years or 10/60 · Multiplier 3.0% 2.5% Mr. Mierzwa discussed the pay survey for Ocean Rescue personnel between Delray Beach and municipalities in the area indicating Delray Beach ranked gh out Of nine cities surveyed. He indicated that along with Delray Beach the City of Hollywood Beach was the only municipality in this area who required EMT certifications by their Ocean Rescue personnel. Mr. Mierzwa further addressed the significant turnover problem with Ocean Rescue personnel and the difficulty in securing qualified applicants. In addition, he referred to F.S. 112.181, which addresses EMT personnel experiencing a high level of exposure to communicable diseases such as hepatitis, meningitis, and tuberculosis. As representation for Local 1842, it is his opinion that the hazards of employment, including basic life support and medical trealynents performed, and the required EMT recertification, more than justifies the pay increase request and pension enhancements on the table. It was his contention that the retention problem in Ocean Rescue could be solved with the Internal Pay Movement. The last item of discussion is the pension issue of 20-year retirement with a 3% multiplier. Mr. Mierzwa indicated that since the City had agreed to put Ocean Rescue under the Firefighters Contract; and they perform like or similar duties to Firefighters; they are entitled to a similar retirement plan of 20 years and out with the 3% multiplier. Mr. Mierzwa further recommended resolving the pay issues for 2 years (10-01-01 through 09-30-02 and 10-01-02 through 09-30-03) thus allowing both parties to return to the bargaining table to negotiate a contract for the year 10-01-03 through 09-30-04. Leonard Carson, Esq., representation for the City disagreed firstly with the recommendation of resolving the impasse for a two (2) year period. It is his contention that the Commission resolve for one (1) year (10-01-01 through 09-30- 02) and it is up to both sides to return to the bargaining table to negotiate for the current year and at that time both sides could agree to a two or 3-year contact. He further advised the Commission that the union proposal equates to an 18 - 30% increase for the entire economic package. Mr. Carson proposed a $50 a month EMT certification pay to recognize that certified personnel are entitled to additional pay above their base salary and this amount is appropriate. Mr. Carson reiterated that Delray's Ocean Rescue provides excellent service. In regards to the previous Internal Pay Movement for the Police and Fire Deparlynents, the problem of retention was not the same as the retention within Ocean Rescue personnel. Police Officers and Firefighters were leaving the City to go to other Law Enforcement and Fire Deparlynents, which is not the case in Ocean Rescue. The Special Master did not see a similar problem regarding retention and recruitment thus he reiected this request. Based upon the frequency of response to EMT calls made by the Fire -2- Special Impasse Hearing January 8, 2003 Department personnel (22 EMT calls a day) and Ocean Rescue personnel (1 EMT call every 3 days), the level of risk did not raise to the same level as a Firefighter. Mr. Carson quoted Florida Statue, which provides for special pension, special death benefit, presumption of illnesses, and Bill of Rights for Firefighters that does not pertain to Ocean Rescue personnel concluding that although there is some risk to Ocean Rescue it is not on the same level as Firefighters. They (Ocean Rescue) are not Firefighters, do not require the same level of training, examinations, and perform at a different level than Firefighters. Therefore, Ocean Rescue personnel do not belong in the same category as Firefighters and the normal retirement of 20 years with a 3% multiplier is not warranted, and was subsequently rejected by the Special Master. Mayor Schmidt opened the Public Hearing portion of this Impasse Hearing. Dan Bums, 1036 Bucida Road, came forward and expressed his thoughts regarding the impasse. He indicated that he had indeed read the Job Description for Ocean Rescue personnel and considered it a high risk and rescue position. By performing EMT duties including mouth-to-mouth resuscitation he felt that although they are not Firefighters, they indeed put out fires in a sense since they prevent many incidents/accidents at the beach before they happen to citizens and visitors to our City each and every day. Therefore, it was his conclusion that they deserve something a little bit better in wages and benefits then what is being offered to them at this time. No one else from the public came forward to speak; therefore, Mayor Schmidt closed the Public Hearing portion of the Impasse Hearing. Discussion ensued on each item with both Mr. Mierzwa and Mr. Carson presenting their arguments as to their justifications for these proposals. There was further discussion as to whether the City Commission could in effect made salary recommends for the second and third years. It was the consensus of the Commission that they would make their determination for one year (10-01-01 through 09-30-02) and that both sides should return to the bargaining table to negotiate the current year. At the time of negotiation, they could negotiate for a 1, 2, or 3-year contact. Mr. Levinson made a motion to increase the Ocean Rescue wages by 3% across the board effective 10-01-01 through 09-30-02, seconded by Mr. Perlman. Discussion regarding the motion ensued by the Commission. Ms. McCarthy inquired as to whether Mr. Levinson would consider a pay increase of 2.75% perhaps giving both sides a better position to negotiate for the second year. Mr. Levinson declined to accept the substitute motion based on the Special Master's suggestion. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - No; Mr. Levinson - Yes; Ms. McCarthy - No; Mayor Schmidt - No. Said motion -3- Special Impasse Hearing January 8, 2003 FAILED with a 2 to 3 vote. (Mrs. Archer, Ms. McCarthy, and Mayor Schmidt dissenting). Ms. McCarthy motioned to increase the Ocean Rescue wages by 2.75% across the board effective 10-01-01 through 09-30-02, seconded by Mr. Levinson for discussion. Commission discussion ensued. Upon roll call, the Commission voted as Follows: Mrs. Archer - No; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - No; Mr. Perlman - No. Said motion FAILED with a 2 to 3 vote. (Mrs. Archer, Mayor Schmidt, and Mr. Perlman dissenting). Mayor Schmidt passed the gavel to Vice-Mayor Perlman. Mrs. Archer made a motion to increase the Ocean Rescue wages by 2.5% across the board effective 10-01-01 through 09-30-02, seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mr. Levinson - No; Ms. McCarthy - No; Mr. Schmidt - Yes; Vice-Mayor Perlman - No; Mrs. Archer - Yes. Said motion FAILED with a 2 to 3 vote. (Mr. Levinson, Ms. McCarthy, and Vice-Mayor Perlman dissenting). There was discussion by the Commission regarding the one-year / two-year contract possibility. At this time, it was the consensus of the Commission to review the entire economic package instead of voting on each individual item thus understanding the issues and benefits as an entire economic package, discussion ensued. Mrs. Archer made a motion to increase the Ocean Rescue wages by 2.5% across the board with $.50 per hour for EMT certification pay, effective 10-01-01 through 09- 30-02, seconded by Mr. Perlman for discussion. Both Mr. Perlman and Mr. Levinson had discussion regarding increasing the wage increase to 3% and inquired as to whether Mrs. Archer would amend her motion to that affect and she declined. Therefore, the motion remained as initially made. Upon roll call the Commission voted as Follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - No; Mrs. Archer - Yes; Mr. Levinson - No;. Said motion PASSED with a 3 to 2 vote. (Mr. Perlman and Mr. Levinson dissenting). Mrs. Archer made a motion to follow the Special Master's recommendation to reject the "Internal Pay Movement" and to reject Ocean Rescue's proposal of normal retirement of 20 years with a 3% multiplier, seconded by Mr. Levinson. Upon roll call the Commission voted as Follows: Mayor Schmidt -Yes; Mr. Perlman - No; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion PASSED to re~ect both proposals, with a 4 to 1 vote. (Mr. Perlman dissenting). -4- Special Impasse Hearing January 8, 2003 Mayor Schmidt declared the Special Impasse Hearing of the City Commission adjourned at 5:30 P.M. ATTEST: City Clerk MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Special Meeting of the City Commission held on January 8, 2003, which Minutes were formally approved and adopted by the City Commission on January 21, 2003. City Clerk NOTE TO READER: If the Minutes you have received are 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. -5- Special Impasse Hearing January 8, 2003 Mayor Schmidt declared the Special Impasse Hearing of the City Commission adjourned at 5:30 P.M. City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Special Meeting of the City Commission held on January 8, 2003, which Minutes were formally approved and adopted by the City Commission on January 21, 2003 . City-Clerk NOTE TO READER: If the Minutes you have received are 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. -5- Special Impasse Hearing January 8, 2003