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05-23-79SpMtg MAY 23, 1979 A special meeting of the City Council of the City of Delray Beach, Florida, was held in the Council Chambers at 4:05 P.M., Wednesday, May 23, 1979, with Mayor Leon M. Weekes, presiding and City Manager J. Eldon Mariott, City Attorney Roger Saberson, and Council members Malcolm T. Bird, Charlotte G. Durante, James H. Scheifley, and Willard V. Young, present. Mayor Weekes announced that this Special Meeting has been called for the purpose of discussing the Special Master's recommendation in the matter between the Professional Firefighters of Delray Beach Local 1842 and the City of Delray Beach, Florida. They will start the meeting by asking the City Attorney to tell them what the law is in regard to the public hearing and how they must conduct the public hearing. The City Attorney read from the Florida Statutes the portion dealing with the Public Hearing to be held by the City Council on the Special Master's report. It indicates that the legislative body or duly authorized committee thereof shall forthwith conduct a public hearing at which the parties shall be required, the parties being the City Admini- stration and the negotiating team for the union, to explain their posi- tions with respect to the recommended decision of the Special Master. He recommended that the City Council establish a time limitation for each side and then for public comment. The only issues before the City Council today are the three items that are referred to in the Special Master's report, which are the cost of living, reclassification and merit increases. In deciding the issues the City Council is not limited to the position of either party or the position of the Special Master; the Council can eithe~ make a decision today or hear the evidence and take it under advisement for future decision. In the event Council wishes to make a decision today, he thinks it would be appropriate, at that time, to discuss the implementation of the decision. Mayor Weekes stated that they will try to get the Fire- fighters position in in thirty minutes, the Administration's position in in thirty minutes and they will reserve thirty minutes for public comments from the floor. The Firefighters will make their presentation first, the Administration second and then they will hear from the public, after which they will close the public hearing. Mr. Charlie Cosouth, staff representative with the Inter- national Association of Firefighters, stated that he had the pleasure to assist the local firefighters in the Special Master hearing, which preceded this meeting today, and to work on opposite sides from the City Administrators who did an admirable job in representing the City. They have some local firefighters who are going to make a presentation today in support of their recommendations which go along the line of the Special Master's recommendation. Mr. Barry Searles, Delray Beach Fire Department, gave a slides presentation on a survey of Pompano Beach, Deerfield Beach, Boca Raton, Boynton Beach, West Palm Beach and Lake Worth. He stated that he has taken all of the pays in all of those cities and put them together and come up with an overall average. A 14% increase is needed with respect to yearly pay and a 20% increase is needed with respect to hourly pay for Delray Beach to come up to the average of the local surrounding cities. They need 10% to come up to the surrounding area with respect to the beginning pay and 12% to come up to the average with respect to topoff pay. They also did a County and State survey.~ It showed that Delray Beach needs a 6% increase to come up to the State- wide average. From 1972 to 1978, the fire runs have increased 101% and the rescue runs have increased 153%; if you combine those, the total runs have increased 140%. Meanwhile the population has increased 72% and their manpower has increased 39%. They are working twice as hard now as compared to 1972 and receiving 37% less pay. From 1972 to 1978 the cost of living has gone up 63%, meanwhile they have received 26% increases with respect to cost of living; that leaves a deficit of 37%. Mr. William G. Hill, Delray Beach Fire Department, stated that his purpose for being here today is to make the City Council, the general public and the City Manager aware of one of the many ways in which the members of the Delray Beach Fire Department are a dedicated group of men, not only to the department but to the City as well. These men have, through their attitude, interest and pride, performed many special jobs of plastering, plumbing, carpentry, electrical, air duct, installation, painting, furniture refinishing, communications installa- tion and other types of work. This work was done with pride and the desire to help their City and department; it was done totally free to the City and with no regard for recognition until now. With materials furnished by the City, the men with the knowledge and the ability planned, executed and installed many extensive programs in the three stations owned by the City. The men who did not have the qualifications to do this highly skilled work pitched in and gave a helping hand as - helpers, laborers and a cleanup crew. The only cost to the City was the wholesale price of the material. Mr. Hill showed slides of the work which was done by the members of the Delray Beach Fire Department. Mr. William Benda, Jr., Paramedic with the Delray Beach Fire Department, stated that he would like to speak on the subject of pay retroactivity; it's been one of the stumbling blocks to their contract negotiation. The present situation is as follows: On October 1, 1978, all City employees with the exception of the members of Local 1842 received a 5% cost of living pay increase. Although their pay increase was in the budget, it remained in the City's bank account drawing in- terest where it still remains today. The City's reasoning behind this is that Local 1842 has stalled 'contract negotiations by not accepting the City's offer. The Local's position is that the City has stalled the contract negotiations by not giving them a viable offer. On March 31, 1978, Local 1842 sent a letter to City Hall requesting the opening of contract negotiations for the years 1978 and 1979. On May 18, 1978, this first meeting took place. At this time Local 1842 requested a 10% cost of living increase and a 10% reclassification increase to bring them up to parity with surrounding fire departments; the City replied, at this time, that it could not discuss salaries in any way until the Coty report and the budget were more complete. Their second negotiation meeting took place on July 6, 1978, where the Local's request was totally rejected with no counter-proposal other than that they accept a 5% cost of living pay increase that would be offered to every City ~ employee in Delray Beach. On September 21, 1978, another negotiation meeting took place; Local 1842 reduced their pay request from 20% to 12.5%. The City once again totally rejected this with no counter-offer. At this time their consciouses could not let them accept this offer. On September 31, 1978, their contract expired and on the following date, October 1, 1978, every City employee of Delray Beach, with the exception of the members of Local 1842, received their 5% cost of living pay increase. That same month on October 10th, the City Manager refused to grant Local 1842 the budgeted merit increases which were not contained in any way in contract negotiations. On November 18, 1978, the City Manager stated that all raises will be non-retroactive. On December 21, 1978, the City Manager and the Negotiation Committee for Local 1842 met before PERC attorney, John Hilly, to decide if a salarY impass~existed. Local 1842 stated that there was a salary impasse; the City Manager stated that there was no salary impasse. At that time Attorney Hilly asked the City Manager if it was true. that he would not offer more than 5% to the firefighters and he refused to comment on this fact. On February 3, 1979, a number of positions in the City of Delray Beach received from a 5% to 50% reclassification pay increase. No member of Local 1842 ocCupied one of these positions. It was not until March 8, 1979, six months after the contract expired and one year after the opening of the negotiations in front of Special Master, Harold Kramer, who was an impartial arbitrator appointed by PERC, that the City Manager first agreed to discuss additional pay increases for Local 1842, the maximum being 5%. After this meeting, Special Master Kramer recommended that all cost of living increases, all merit increases and all reclassi- fication increases for the Fire Department be retroactive to October 1, 1978; the City rejected this recommendation. At this time, Mr. Benda asked the members of the City Council and the members of the public, if Local 1842 is truly guilty of stalling negotiations by not accepting an offer which never existed, are they to be punished by using funds that were budgeted for them since October 1, 1978, and should they pay be- cause the City refused to bargain in good faith? - 2 - 5/23/79 Dennis Morley, Paramedic with the Delray Beach Fire Depart- ment, stated that this concludes their presentation and they hope that the Mayor and the City Council will take the information that has been presented and render a fair and just decision. Mayor Weekes thanked the gentlemen for their fine present- ation and announced that they will now hear from the City Administration. The City Manager cited two communiciations; one dated April 30, 1979, from himself to the Chairman of PERC advising the Chairman of PERC of the Administration's reaction and action with respect to the three recommendations of the Special Master, (1) cost of living; 5% cost of living increase to be effective upon execution of the contract was and is the Administration's position, (2) reclassifications; the City is willing to make reclassifications as reflected on a six page document referred to on page 3 of the Special Master's report effective on February 3, 1979, (3) merit increases; They are in agreement that the merit increases be effective retroactive to eligibility date. The second communication from himself to City Council dated May 1, 1979 advises Council, as required by law, what the administration's action was with respect to the Special Master's recommendation and refers to the April 30, 1979 communication that he just quoted from. He came today thinking that the area of disagreement had been narrowed down to one, the retroactivity or lack of same of the 5% cost of living. Since the Union did refer to salary scales in addition to the retroactivity item, he thinks it might be well for him, at this time, to do the same and put it in a little different perspective for informational purposes. The Special Master says in his report on page 4 that the Union's last position is that they would recommend ratification of the contract if bargaining unit members would be granted (a) 5% cost of living increase retroactive to October 1, 1978 (b) Reclassification where applicable retroactive to October 1, 1978 (c) Merit increases retroactive to eligi- bility date. On item (c) the Administration has no quarrel and they agreed to it at the table before the Special Master. He interprets item (b) to mean that the Special Master either didn't quite understand the situation in that instance or else he forgot the discussion, because, at. no time, does he remember any discussion that pertained to reclassifi- cations going back to October 1, 1978. Those other employees that were reclassified, were reclassified on February 3, 1979 and not on October 1, 1978. He has no quarrel with item (b) except for the clarificatio~ of the date. Item (a) is what he thought this meeting was really all about. On page 109 of the City's current budget it states that the money is funded for the cost of living increase. It plainly stated in this budget 'to be distributed by the Administration for salary in- creases including 5% cost of living increase, incentive increases and reclassifications during fiscal 1978-79. The 5% cost of living increase shall not be paid to members of a Union bargaining unit during that unit's impasse with the City'. This Union was at impasse with the City, that impasse was declared by this Union prior to the beginning of this fiscal year; they are still at impasse and that is the reason that initiated and triggered the withholding, of the 5% cost of living in- crease. The City Manager presented a series of salary comparisons on the screen. The State law provides that salary comparisons shall be on two bases and that one basis will be the comparison of the local area and the second basis will be statewide. In these comparisons, occasion- ally Delray Beach is high, occasionally a little low and sometimes right in the middle. The City Manager stated that they had their first negoti- ating session on May 19, 1978, over a year ago. They've worked at it long and hard since then and the City has enumerated close to 100 separate actions that they've gone through in an attempt to reach an applicable agreement. On July 19, 1978, after negotiating several times, the Union declared an impasse. On September 22, 1978, in the presence of a federal mediator, they came to a contractual agreement and on that same date, he wrote a memorandum to City Council stating what the original position was of the Union, what their next position was and what the final settlement was. This is the first time in the history of this local union that the membership has not approved the contract that was agreed upon at the table by their union negotiator. He assumed that - 3 - 5/23/79 the union membership would approve the ag~'eement that they reached at the table with the help of a federal mediator. However, on October 3rd, the union membership rejected that, otherwise, they would not be sitting here today. On October 2nd, he wrote a memorandum to the local union and the title of it was "Thirty Day Grace Period". This memorandum instructs the institution of cost of living increases and all other pay increases, that those be paid to the union members during this 30 day grace period and he said in this memo that he thinks within that 30 days that they would be able to get proper ratification and execution of the agreement. He said in the first paragraph: "While it is not standard practice for pay increases to be given union members in the absence of an approved contract, as is our case presently, I am nevertheless author- izing our Personnel, Finance and Fire Chief to grant your members the cost of living increase beginning October 1st, the same as to all other City employees and to not withhold merit increases or any other pay increases because of lack of a contract for a period of thirty days. The reason the above action is being taken is because the union negoti- ating team and the Administration have arrived at an agreement on the contract, it being understood that it would be submitted to the member- ship and then to the Council." The next day the union membership turned the contract down and then a few days later in a telephone conversation with the federal mediator, he advised the City Manager to seek the advice of the City Attorney as to whether or not he should let that memorandum stand. He consulted with the City Attorney and as a result he rescinded his memo of October 2nd by a memorandum dated October llth. The City was willing at any time to grant increases that they could legitimately give and they so informed the union negotiating team on several occasions, they told them that they would not agree to retro- activity and they went into great detail explaining why. Mr. Barry Searles stated that the figures that the City Manager put on the board, with respect to the local cities, are in- correct. With respect to topout pay, he had twenty mistakes. He stands behind his figures 100%. With respect to the statewide survey that the City Manager showed, they took those same figures and adjusted them with respect to the price indices, with respect to the counties within the state and they find that they need a 9.8% increase adjusted according to. the price index. They, the firefighters, are 10% below the average. With respect to City Managers, our City Manager happens to be 5% above the average. The City Manager stated that the tabulations which he showed on the screen were given to the union in front of Special Master many weeks ago; they did not challenge anything then and have not challenged them since that time. If there's anything wrong with them, he feels they should have challenged them. Mr. Arthur Neddo, 2141 Catherine Drive, Delray Beach Fire Department, stated that he is here on behalf of the firefighters and, hopefully, to show all that they are dedicated professionals. They are here to determine, publicly, the importance of the firefighters in this City. He thinks that showing some of the work the firefighters are doing while everyone else is sleeping, working, or relaxing may help in the decision. He presented slides of the firefighters at work; fighting fires, rescuing people, etc. With the kind of work that they do risking their lives, their eyesight, deformities, there is a price and the price isn't enough. He hopes that other people sitting here will get up and defend their position because their department is in jeopardy. Mr. Rick Lee, 219 N.E. 14th St., Delray Beach Fire Depart- ment, stated that part of the problem here today is that it has been told to them that everyone would get a reclassification raise except the firefighters. Part of the reason that they weren't going to get a reclassification raise for their firefighters is because it's been said that they don't do much anyway. Anybody who said that does not under- stand the nature of firefighting. Their job is not to go out and start fires; their job is to put them out once they start. They reach the fires in an average of three minutes and they know what to do when they get there. When they can, they even help clean up. People say that firefighters sit around playing cards and shooting pool but a lot of their time from 8 to 5 is in training so that they can serve the public better. They make most of their runs at night when everybody else is asleep. The next time they go out, he invites any of you to put on a firefighting gear, get into the heat and see what it's like. - 4 - 5/23/79 Ms. Rosetta Rolle spoke on behalf of the firefighters. Recently, she worked at one of the local restaurants here. Some time ago at the place where she worked, they had need of paramedics and they were there. Several times they had the need for them and if they hadn't come someone would have died. Iter next door neighbor was not at home, she had left a pot on the stove and the smoke was coming out; the Fire Department was there in two minutes. Further down the street a sofa caught on fire on the porch and they were there and the house did not burn at all. Their character and their courtesy reflects a good Delray Beach. She is proud to live here where firefighters and paramedics are of this caliber. She could not be a firefighter. It takes a certain kind of person with dedication to be a firefighter. She is asking Council to get this business over with so that these people can live like the rest of us live. The public hearing was closed. Mayor Weekes informed Council that they have heard the arguments from the Firefighters Union, they've heard the response from the City Administration and they've heard the comments of the City Attorney. It appears to him that they have two choices at this point; they can continue these deliberations at this time and enter into a discussion of the issues and resolve it one way or another or they can defer it for consideration in the event that someone needs more in- formation from the Union or the City Administration. Mr. Bird stated that he would like to echo Mrs. Rolle's sentiment with regard to the quality of the Fire Department; he doesn't think that was ever an issue. The City is blessed by some very dedi- cated firefighters and other City employees. He is concerned over the late announcement with regard to the factuality of some of the figures displayed today. He would like to see corrected figures before render- ing any opinion and would therefore recommend that they reconvene after obtaining those figures. The City Manager stated that he is 99.9% sure that the figures are accurate because he knows the people that put it together; it was put together by the Finance Department. Janice Parrish put it together and he has the utmost confidence in her competency of putting something together of this nature. However, he is not going to stretch the point and say that he is absolutely sure of the figures. Mrs. Durante stated that she was under the impression there was only one point that the union and the Administration had not agreed upon and that point was that the 5% cost of living increase be retro- active to October 1, 1978. Are they expanding the realm of their dis- cussion to include the verification of the other figures? It was her clear understanding that the only point of Contention is whether or not this 5% is going to be retroactive.back to October 1, 1978 or be effec- tive at the time the contract is negotiated. Mayor Weekes stated that it seems to him that that is correct because he had a letter from the Fire Union recommending that they accept the Special Master's recommendation. The recommendations were reclassification where applicable retroactive to October 1st and it was determined that no City employee got a reclassification prior to February 3rd, merit increases retroactive to eligibility date has been agreed to so the only thing left is the 5% cost of living increase retroactive to October 1st. Mrs. Durante stated that if they are going to open up the discussion to areas other than the 5% cost of living increase, she isn't sure that they have enough information to make a decision. In response to a question from Mr. Bird, William Rego, Delray Beach Fire Department, stated that the Special Master recommended reclassification to October 1st. He doesn't know if that is a typo- graphical error as the City Manager suggested. The City Manager stated that even if the Special Master did not make an error and intended October 1st, there is no way they could give members of the union retroactive pay to October 1st when the other employees got it beginning February 3rd. - 5 - 5/23/79 Mr. Young stated that he thinks they should definitely consider February 3rd as the reclassification date. In all fairness, it wouldn't be possible to give the firefighters or any other department an increase back to October when the rest of the employees of the City did not get it. The City Attorney stated that the union accepted the Special Master's report on reclassification except where applicable. Is it the union's position that that is interpreted to mean the reclassifications indicated on the City's exhibit dated March 12th or other reclassifi- cations as well? The report doesn't say what is applicable. So there is a question there that has to be resolved between the parties as well. Mr. Bird asked the City Attorney if they would gain anything by interrogating the Special Master with regard to what some of these things meant as opposed to what they may say. The City Attorney stated that if the Special Master would clarify it, that would help. The union has asked the Special Master to clarify it but he doesn't know if they have received a response or not. Mr. Morley stated that the Special Master was contacted and their response was that since the City has rejected his recommendation, there would be no point in clarifying it. Mr. Scheifley stated that he agrees with a majority of the speakers that he's heard today. He doesn't think that there is any question that the citizens of Delray Beach are very proud of the Fire Department and the work they do; the dangers and the risks are appreci- ated. However, he doesn't .think that that is part of the question here at hand. Mrs. Durante asked the City Attorney what the Council is supposed to do at this point. The City Attorney stated that Council can either make a decision or can take the evidence under advisement and request clarification from parties, as needed, and make a decision at a later date. The Statute and the Ordinance do not specify a definite time limitation within which the decision has to be made. Mrs. Durante asked the City Attorney if he feels that there is anything in what they are considering this evening that they need ~o get some additional clarification on. The City Attorney stated that there have been some questions raised by Council members relating to issues and factual statements that they would like to check and find out about that may influence their decision. If City Council feels that there are some things they would like to research, they are entitled to do that. He thinks it would be helpful to have a clarification from the Special Master. The City Manager stated that whatever Council does is purely discretionary on Council's part. From a strictly legal standpoint Council can do whatever it wants. Mayor Weekes stated that he feels it is owed to both sides to understand clearly what the Special Master's intent was and he does not feel it is very clear in regard to the reclassification item. The interpretation on that item may make a difference on the posture of both the Union and the City. It would be helpful if both sides understood it. Mr. Bird stated that he would like the answer to speci- fically what the Special Master intended before they make a finding on any of these recommendations. Mr. Morley made an offer to Council; reclassification for all people in their bargaining unit retroactive to February 3rd and cost of living retroactive to October 1, 1978. Mrs. Durante stated that she is confused because the offer just made is different from the recommendation of the Special Master. Mr. Morley stated that his offer was clear and he can see no reason why Council cannot make a decision today. - 6 - 5/23/79 Mr. Bird stated that in the interest of the City, its employees and administration, he would like to see this resolved as quickly as possible. However, he thinks the best interest of all will be served by finding out what information and what conclusions were reached by the individual they asked to be the initial arbitrator. He can't interpret "where applicable"; the City Manager has interpreted it one way and the Union president has interpreted it another 'way. Mr. Bird moved that Council instruct the Administration in conjunction with the bargaining unit to contact the Special Master and obtain from him a clarification to those two points; one, as to the date of reclassification and, two, as to those members of the bargaining unit which are to be included under the term "where applicable", seconded by Mr. Young. Said motion passed unanimously. Mayor Weekes declared the meeting adjourned at 5:45 P.M. ATTEST: ~~~~i ty ~ MAYOR The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Council of May 23, 1979, which m~nutes were formally approved and adopted by the City Council on ~//, /~7.~ · - ~/ City Clerk NOTE TO READER: ~ If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of City Council. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions, or deletions to the minutes as set forth above. - 7 - 5/23/79