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01-11-77SpMtg JANUARY 11~ 1977 A Special Meeting of the City Council of the City of Delray Beach, Florida, was held in the Council Chambers at 2:10 P. M., Tuesday, January 11, 1977, with Mayor James H. Scheifley, presiding, and City Manager J. Eldon Mariott,~City Attorney Roger Saberson, and Council members John E. Gomery, Jr., Aaron I. Sanson, IV., and Leon M. Weekes, present. Council member David E. Randolph was absent. Mayor Scheifley stated that the Special Meeting was called for the purpose of holding a Public Hearing on the Spe6ial Master's findings. Upon question by Mayor Scheifley, the City Attorney informed ouncil that additional comments may be made by Janice Parrish, Personnel Ssistant to the City Manager, Thomas Weber, Finance Director, and Police hief Murray Cochran. City Attorney Saberson asked that the following ,e included in the minutes of the meeting: letter from Roger Saberson to Mr. Donald D. Slesnick, II, dated January 4, 1977, regarding the public hearing of PBA Special Master's Report, and the order entered this date by Judge Rudnick which states the City may hold this Public Hearing. The Palm Beach County Police Benevolent Association served the City Manager with papers to enjoin the holding of this hearing and that hearing was held this date at 12:00 noon. The city Attorney further stated only those provisions that the Special Master made a report on will be discussed at this meeting. In the event the Union and the City are in agreement with the other provisions of the contract after the holding of this Public Hearing, there will be a Council meeting held to discuss the remaining items. Mayor Scheifley asked for a show of hands of people wishing to express their ideas and added only those people will be able to speak. Tk~y were: Mr. Dunbar, Mr. Palmatier, Mr. Ellis, Mr. ~ Miller, Mr. Young, Dr. Love, Mr. Cummings, Mr. Ghent and Sgt. Henriques. Mayor Scheifley stated the following will speak for the City: J. Eldon Mariott, Roger Saberson, Janice Parrish, Thomas Weber and Chief Cochran. Mr. Donald D. Slesnick, representative of the PBA, informed Council the PBA has accepted the Special Master's report in its entirety and suggested that the City speak first. The city Attorney informed Council he will be making comments on the items of dues. deduction, personnel records, internal investigations, holidays, maintenance and benefit provisions, and legal benefit provisions. The City Manager will be commenting on the remainder of the articles and comments may be made by other members of the City administration. The City Attorney added Council should have a copy of a response made by ~he City on December 17, 1976 to the Special Master which is a letter by ~he City Manager, and Council should have the Special Master's report, ~nd also a packet of materials which are contract proposals which .ndicate to the left of each article that was involved in the Special Master's report. There is a clause or contract provision that indicates the City's position and the PBA's position. The first item is the dues deduction provision. The City negotiators accepted the Special Master's report in terms of the City paying for the cost of dues deduction with the City's. annual cost being $890 per year, with the proviso that the language equivalent to the same proposal in the Firefighters contract be used for the dues deduction provision of the PBA contract. There is a provision that the PBA will hold the City harmless for any suits or judgments which may be brought against the City because of dues deduction. The city's negotiating team is in agreement with that proviso. The city Attorney spoke in reference to the personnel records, saying the city accepted subsection (d) and also accepted subsection (c) with a reword- ing of subsection (c) so that an employee can look at his personnel records at any reasonable time and he can request his own personnel records, but cannot request the personnel records of any other employee. The remainder of the personnel records section is very broad language; the City will keep confidential all personnel records, never release to any person other than the City Manager or to the Police Chief. This language would prohibit any member of Council %o review a personnel file and would prohibit an auditor to go into a personnel record. Also, there is a Public Record State Statute which~ states that every person who has custody of public records shall permit the records to be inspected and examined by any person desiring to do 80. The only provision of the internal investigation section that ~as in question before the Special Master was a provision requiring an employee under investigation to submit to a lie detector test. Both negotiating teams stipulated before the Special Master that the pro- vision would not be included in the contract. The remainder of the internal investigation section is a restatement of most of the provisions of the State Statute which has to do with citizen complaints. The only question beforei%he Special Master on the holiday ~uestion is the additional day that the City negotiating team had agreed to grant and whether that day should be a floating holiday ~r whether it should be a safety day. This provision was ruled in favor of the City by the Special Master and it was deemed that this extra holiday be a safety day and there is no disagreement on that article. The City Manager read to Council an excerpt from the Council's .~wn ordinance with respect to labor matters. The City's position on each of the 16 items contained in the Special Master report are set forth in ~is (City Manager's) December 17, 1976 communication to Mr. Slesnick. ¥ith regard to substitute employment, the PBA wanted the City to agree ~at the City would not use or assign members of the bargaining unit ms substitute employees in a situation that might exist in the future. City Manager Mariott reported the City's position on the ~ssue of job description is to reject the Special Master's award. The City has'job descriptions and he believes job descriptions are necessary as a part of employment. The City should be able to make assig~nments ,of duties to employees. The City Manager reported the city accepts the Special Master's ~ard on the issue of employment, and added the Special Master felt · he PBA's proposal on this item was an undue infringment upon the ~anagement rights of the City. The City Manager stated the administration rejects the ~pecial Master's award with regard to the providing of insurance ,moverage for the family of the employee as well as to the employee. ~e City presently provides insurance coverage for all of its employees m~ City expense, but the City does not pay for the insurance for the · ~mployee's family. If the ~City agreed with this, it would cost the ~ity $21,980 a year additional for the extra insurance. Upon question ~ Mr..Sanson, the City Manager informed Council there are 64 employees ~ the bargaining unit and there are 389 City employees. If this i~surance benefit is extended to all City employees, it would cost an ~ditional $133,600 for the year. city Manager Mariott stated the City a~reed that bargaining ~it employees will be compensated at straight'time for every hour ~hey are ordered to be on stand-by either at home or by telephone ~andby. The City is not agreeable to pay time and one-half for - 2 - 1-11-77. overtime. To comply with the Special Master's award, it would cost the City $25,750 additional per year. If the same policy is extended to all City employees, the total additional cost would be $60,270. City Manager Mariott reported the Special Master ordered in favor of the PBA in regard to higher education. The City is in favor of education and training; however, he stated the City is not in a position to give each employee a college education. This would cost the City several thousand dollars a year to have this done. City Manager Mariott stated the City rejects the Special Master's award to have the civilian employees in the bargaining unit receive $500 a year for clothing allowance, that the City pay for he cleaning of uniforms and the City buy three pair of shoes a ear for each employee, each pair costing $30. This would cost the ity an additional $17,560 per year. Presently, the City provides $300 a year clothing allowance to the civilian employees in the Police Department. The City does provide uniforms to the uniformed officers. If the same benefit was extended to all City employees, it would cost the City an additional $106,730 per year. The City Manager stated the City was not able to determine what the incentive pay would cost the City, if awarded. Mr. Sanson asked the City Manager if the incentive pay is the same as the merit increases. The City Manager replied this incentive pay would be in addition to the merit increases. The City Manager noted the PBA is requesting the city pay $2,500 for the funeral expense for any member killed in the line of duty. The City feels it has ample insurance coverage for this. The Special Master decided in the City's favor. -- City Attorney Saberson informed Council the City rejected the Special Master's- award for the City to undertake the defense of any employee from civil damage suits arriving within the scope of employment and also that the city will indemnify all employees against any judgments levied against them as a result of their actions while employed. The City's negotiating team felt the concept was a good one, but the approach would be more appropriately taken by the City Council as a City-wide approach. The City Attorney stated the City rejected the Special Mas~er'a award for the maintenance of benefits clause. This is a broad "catch-all" clause that any formal benefit the employees have had, they get to keep the benefit, even though the benefit is unspecified. There is a limitation in the severability clause that the illegality be based ~n state or federall law. The clause should be worded that if a provision is found illegal, then that section will be severed. The City Manager noted the Special Master awarded a 10 per cent salary increase retroactive to the beginning of this fiscal year. The additional cost to the City would be $127,480, if granted. If the same pay increase was granted to all City employees, it would cost the City $4761485 a year. The City Manager noted he recommended a 5% salary increase for this year but due to a tight budget, Council made it a 3% salary increase. Mayor Sche[fley asked if the 1~ salary increase wo~ld be in addition to the 3% or would it be 7%. The City Manager replied, it would be in addition. The starting pay for patrolmen is $10,608; the top pay for patrolmen is $14,950. If the City institutes the recommendations of the Special Master, it would cost the City $164,360 per year and if the City extended the same privileges to all employees, it would cost the City $792,975. During - 3 - 1-11-77. the past six years, the City has increased Police Department expenses by 212%, compared to an increase of ot.her general fund expenditures of 125%. The rate of increase has been double in the Police Department as to what it has been elsewhere. Should Council decide to grant some ~r all of these increases, the City Manager recommended against all of them. Should Council decide to grant the 10% salary increase,~taxes' would have to be increased, or services decreased. Garbage collection could be reduced from twice a week to once a week, saving $191,318, eliminate four additional lifeguards for $45,000, cbt .library appropriation by 30%, thus saving $42,000, eliminate the tennis courts at the City operation in the amount of $33,000, close the Adult Recreation Center in the amount of $16,000, eliminate the Drug Abuse Program appropriation thus saving $5,000, eliminate the rescue detail in the Fire Department thus saving $92,000, eliminate the Community Center activities in the amount of $52,000, eliminate employees Christmas bonus in the amount of $40,000; eliminate the Delray Rocks Football program in the amount of $2,000 and eliminate Christmas lighting in the amount of $2,000. The City Manager concluded by saying he is against raising taxes or cutting services. Since the City's presentation ~as only 38 minutes, the City reserved 7 minutes. Mayor Scheifley noted ~_he City's presentation started at 2:10 p.m. and was finished at 2:48 p.m. Mr. Donald D. Slesnick, attorney for the Police Benevolent ~ssociation, 802 Sevilla Avenue, Coral Gables, Florida, started his ~resentation at 2:50 p.m. and stated the PBA does not intend to re-present all of their testimony. Mr. Slesnick spoke regarding City ~nager Mariott's letter of December 17, 1976, saying that letter did m~t give the details of the price figures of the economic issues of the City and the PBA has not known the position as to contract pro- ~isions proposed in place of those rejected by the City. PBA negotiations ~gan a year ago with the City administration based on a certification !~y the Florida Public Employee Relations Commission which was determined ~ an election of the police officers in the Department. The election ~ertified that the majority of the people in the unit asked that the ~BA represent them and asked that they be represented by the PBA for c~llective bargaining purposes. At one point the PBA thought they had ~ contract and ~hen they found they did not due to the City Manager's actions, the PBA filed unfair labor practice charges. Mr. Slesnick informed Council the PBA has ~ccepted the Special Master's Report in its entirety. Some of the report i~ favorable to the PBA and some of ~he report is not. Mr. Slesnick spoke regarding the dues deduction saying the ~BA did not know that the City's cost for this would be $890 a year, znd added City Attorney Saberson presented the PBA with the firefighters clause which was agreed upon. The PBA made some suggestions for amend- ment and has not heard from Mr. Saberson regarding these suggestions. Mr. Slesnick noted the City has rejected items (a) and (b). ~tem (a) refers to the confidentiality of police personnel records. ~olice officers are susceptible to harrassment, and help prosecute among other things. The PBA's 'goal is to provide citizens with protection. ~lr. Slesnick spoke in reference to the City's agreement not to give home addresses or telephone numbers of employees of the Police Department to ~ews media, saying it is the policy to keep these addresses and telephone mumbers confidential. The City objected to having this written in the contract and all the PBA wanted was a written confirmation that this was and will continue to be the policy. This policy could be made an exception by a subpoena from court or through the City Manager. Protection for Police Department employees is a protection for the citizens because Citizens depend on police protection to guard their homes. When policemen are made ineffective by harrassment, they can do less for the citizens. - 4 - 1-11-77. ~ _- Mr. Slesnick- noted the PBA has stipulated before the Special _Master that employees will not be compelled to take a lie detector test under internal investigations. Mr. Siesnick noted the Special Master ruled against .the PBA 7ConCerning .holi~days a~nd_this~ was accepted by the PBA. -Mr. 'sl~S-nic~ Stated- the-SPecial Master justified the PBA's ~equest of substitute employment. The PBA is asking that police officers not be assigned to do other duties in City government in case other ~City employees strike. The PBA understands that there shall be no .strikes; this has never been done in PBA history. The police officer's )ob is to protect lives and property and the PBA is dedicated to this. ~ Mr. Slesnick stated the PBA is asking that the City's own Job descriptions, which the Special Master found negotiable, were valid items of interest for the PBA. The PBA accepted the City's job descriptions, the PBA did not ask to rewrite the job descriptions. Mr. SleSnick stated the PBA accepted the Special Master's findings that employment was not negotiable. ~_ Mr. Slesnick noted insurance is one of several economic benefits. One of_~the PBA's ma~or-goals is to improve the economic : conditions~ of the members. The PBA is asking Council to consider the economic situation of the police officers. -The §pecial Master agreed with the PBA that there should be -a 40-.hour work week which is in effect and the police officers should -be paid time and a half for over 40 hours. It is standard for most of the Florida cities to pay time and a half for overtime. The PBA did not try to limit the overtime to anything over 40 hours per week; · anything over 160 hours in 28 days would be considered overtime. Item (b) is giving the members of the unit a shift off before reporting back ~to duty and if an employee is demanded to work two 8-hour shifts, ~ he will. be compensated with time and a half. The PBA is requesting that the City institute a tuition refund program when an employee attenda a local approved college for those courses which will further educate 'that employee in the police field. · - The PBA felt there is a need for more money for employees who use civilian clothes. The amount of $300 that the City now gives these employees is not adequate. The PBA is asking that the City provide cleaning services to those employees who are in uniform. The PBA feels since these employees are required to wear these uniforms as a part of the job, the City should pay for the cleaning. This was · agreed Upon by the Special Master. The PBA is also requesting that an employee be issued three pairs of shoes. Mr. Slesnick spoke in reference to the longevity benefits and incentive pay, saying Council should consider all economic benefits. In the Special Master's report it 'states the City will participate in the State incentive program and if that is not done, the City would not receive any revenue sharing funds. Mr. Slesnick stated the PBA accepts the denial of the-funeral expenses. The PBA is asking for the defense of an e~ployee who. is civilly sued while on duty and in the line of duty. The award of the maintenance of benefits Clause was agreed upon and after the PBA agreed, City Manager Mariott informed the PBA that he (Mariott) did not agree to this. The PBA is asking for the con- tinuation of those benefits which were established by the City. Mr. Slesnick spoke in reference to the Special Master's report concerning wages, saying City Manager Mariott was quoted as reading from the Special Master's report on the wages of police officers while he was using his own figures. The PBA is asking for a 1~ wage increase, and they are asking that the City not raise taxes. Mr. Slesni~k noted the money can be produced within the current budget to pay these economic benefits. The Delray Beach Police Department is behind other comparable cities in the area and in the State in pay and economic benefits. Mr. Slesnick concluded by asking Council to give consideration to meeting the Special Master's recommendations. Sgt. Frank Henriques, employee of the Police Department for ten years, remarked saying he joined the PBA ten years ago and since that time, there has been many changes. He became a representative o~f PBA after a couple of representatives were fired. He spoke in reference to the 5% raise , noting he was told by the City Manager two months before the adoption of ~he budget that he saw no problems and two months later, Council voted the 5% raise down, and the employees received a 3% raise. The City Attorney spoke in reference to the two unfair labor practice charges that were filed, saying in the Special Master's report, 14 of the 16 items have to do with economics, not services. The City Manager commented there were two reasons why he withdrew the tentative salary increase: one reason was due to actions originated with the PBA, mot with the City, and the other reason was the tight money situation. ~ity Manager Mariott added the Special Master's'Report recommended a 1~ salary increase without any reference to the 3% salary increase ~he employees have received. Janice Parrish, Personnel Assistant to the City Manager, ~poke regarding the comments by Mr. Slesnick concerning the underpaid police employees as was shown by the Special Master's Report. The ~pecial Master is charged with considering two factors when he makes Lis salary awards. One is the local operating area of the city in which cities are to be compared without regard to the size of cities. The S!pecial Master in his selection of cities in the local operating area, ~sed large cities, such as Ft. Lauderdale, West Palm Beach, Broward C~unty Sheriff's Department, but he failed to include small cities such a~s Lantana, Highland Beach, Palm Beach Gardens, North Palm Beach, Palm Beach, Juno and Jupiter. The Special Master chose cities south of Delray; he did not choose any cities north of Delray Beach. cities to the south ~f Delray tend to pay higher salaries, while cities to the north ~end to ~y lower salaries. Mr. Slesnick spoke in reference to Mrs. Parrish's remarks, --- saying the Special Master compared the salaries with six ~ities north ~.f Delray and seven cities south of Delray Beach. Mayor Scheifley noted this concludes the City's presentation and the PBA's presentation, and the public will be given 45 minutes to express their ideas. Mr. Cummings, representative of the Board of Directors of the Delray Beach Library, spoke concerning the possibility of the reduction of the budget of the library. Mr. Cummings ~ointed out the budget is less than originally asked for, and the library has since had to cut corners. If the budget was cut by $42,000, this would'mean the dismissal of two to four employees and the further curtailment of .the library's hours. Mr. Cummings requested that Council not consider any cut in the library budget. - 6 - 1-11-77. Mr. E. Palmatier, President of the Beach Property Owners' Association, spoke saying .the City needs the Police Department and noted there recently were seven burglaries in the beach area. He spoke in reference to the Special Master's Report saying in the item of uniform equipment, the controversy rests on the issue whether the police officers should have the say as to how the police cars are .equipped. The question talked ~bout by Mr. Slesnick was the ability of the City to pay for the salary increase and noted the Special Master goes into great length to analyze the comparable salaries to other cities. Mr. Palmatie~ stated it is not the Special Master's perogative to determine where the funds should be expended; that is the perogative of Council. Council determines the policy of the City. Mr. Michael Ellis, 6393 N. Ocean Boulevard, Ocean Ridge, ~resident of the Delray Beach Tennis Center, spoke asking when this .~ontract is to start and when was the contract to end. The City Attorney informed Mr. Ellis a contract could last up to three years under State Statutes. This particular proposed contract is to be for one year; the contract will not go into effect until it is signed and approved by both parties. Mr. Ellis noted the tennis center generates income to the City outside the courts. For example, the people staying at motels, and restaurants, etc. Upon question by Mr. Gomery, Mr. Ellis informed Council he owns two business establishments in the City. Mr. John Ghent, 246 Lake Eden Way, Delray Beach, representing the Board of Directors of the Delray Beach Board of Realtors spoke saying the Board is opposed to a tax increase, and opposed to a reduction of City services. He concluded by saying he hoped Council would do the best job possible in working these elements out so police protection may be continued. ~ Dr. Fred W. Love, 315 N.W. 18th Street, Delray Beach, spoke representing a number of professional people in the-City, saying he respects the Police Department and urged that any benefits that be made for the Police Department be extended to all other City departments. He stated some resolution must be made without raising city taxes and without reduction of services. Mr. Robert Miller, 17 N.W. 18th Street, Delray Beach, represent- ing the Chamber of Commerce, spoke saying he agrees with the statements made by Dr. Love. He noted the Chamber of Commerce has supported the Police Department on a number of occasions. He further stated in the best interest of the entire City, and at this time any increase in taxes or reduction in services would not be in the best interest Of everyone and until all employees of the City can be considered for increased benefits, the Chamber of Commerce would be opposed to such increases in taxes or reduction in services. Mr. Richard Young, 730-A South Drive, Delray Beach, President of the Delray Beach Shuffleboard Club, spoke saying if the shuffleboard was taken away from the retired people who enjoy this sport, there would be very many unhappy people. He noted this club recently increased the dues and stated he hoped that whatever decision is reached, that it would not involve closing the Adult ReCreation denter. Mr. J. ~. Dunbar, 15 East Road, Delray Beach, stated the Police Department seems to cause problems with the economic situation and noted no other departments create problems. He referred to the City Manager's statement that in the Dast seven years the increase in salaries in services for police officers has risen 212% while the average increase for other employees is 125%. He stated his.opposition to the proposed 1~ salary increase. - 7 - 1-11-77. · ~Mr.-.Weekes asked the City Attorney-if Council could discuss this matter privately with the administration. The City Attorney replied in the negative, saying-this may be discussed individually. Mr. Slesnick asked Council to consider the availability of the PBA if there are any questions. Mr. Sanson asked the City Attorney how much time .Council has to give a final ruling. City Attorney Saberson replied there is no set period of time in which Council must give a ruling_and recommended that it be done within a couple of weeks. Mr. ~Sanson asked the City Manager what the turn-over rate was among police unit emp%oyees. Mr. Sanson stated he was under the impression the contract would be for three years and now he finds it is only for one year.~Mr. Sanson asked if the administration wou±d receive additional work in return for the increased benefits, if granted. Mr. Sanson voiced his concern about the amount of money this has cost the City. Sgt. Henriques informed Mr. Sanson that the reason for the one year contract is that most c©ntracts are never negotiated for more than a year. There are items which have to be corrected within that year. After the initial contract is worked out, then the contracts can be for two or three years. Mr. Weekes requested on matters which are asked by members of Council that the response be given to all Council members. Mr. Sanson requested that a response be given to Council whether or not there are any excess funds that are available to give these police employees. The City Manager informed Mr. Sanson that there are absolutely no funds available in the City from which these monies could be taken. .Mr. Weekes commended the people who took part in this hearing saying it was a well conducted public hearing. Council was in agreement with Mr. Weekes' statement. Mr. Sanson asked Mr.' Slesnick if he has evidence of figures of exce~ funds that are available and requected that Council be supplied with same. City Manager Mariott noted the City supplied PBA ~rith a copy of the City's budget and the same challenge was made to the PBA. There has not been a recommendation from the PBA. Sgt. Henriques informed Council the PBA has checked through the budget, but they have not had an auditor to check the City's books. The past year's budget proved that there has been a 1 mill over taxation. Mr. Slesnick informed Council the PBA has the information concerning surplus funds for the City for the past five years. The City Manager assured Mr. Slesnick the City is proud of every one of those surpluses for those ~ifferent years. Mr. Sanson moved to have a workshop meeting on Tuesday, January 25, 1977 at 2:00 P.M. to discuss the Special Master's report, seconded ~y Mr. Gomery, said motion passing unanimously. Mr. Weekes moved to adjourn the meeting, seconded by Mr. Gomery, said motion passing unanimOusly. The meeting was adjourned at 4:35 P. M. - 8 - 1-11-77. ! IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO. 77-79 CA (L) 01 C ~' PALM BEACH COUNTY POLICE : BENEVOLENT ASSOCIATION, INC., : etc.; : Plaintiff, : VS o CITY OF DELR~Y BEACH, FLORIDA : and J. ELDON MARIOTT, City : Manager, City of Delray Beach, : Defendants. : ORDER The hearing on _Complaint for Declaration of Rights and Injunctive Relief was considered by the Court this date; present were Thomas F. Panza, attorney for Plaintiff and Roger Saberson, attorney for ~efendants with their witnesses. The Court entertained tne testimony, received documentary evidence, citations of authority and argument of counsel, and it is upon consideration thereof, ORDERED AND ADJUDGED Complaint for Declaration of Rights and Injunctive Relief, be and the same is hereby denied. DONE AND ORDERED this llth day of J~ary, 1977 at West Palm Beach, Palm Beach County, Florida. Judge, O/rc~i~ ~ourt copies hand delivered Thomas F. Panza, attorney - Roger Saberson, attorney --....=j,..j.';:j:,~.~=.~_:,L/:::)~ .,~ y,.:: ~;.,~.;~,- .... J00 N.W. ) ST AVENUE 305/278-2841 ~...,.?.:~:~,,~,x~::,.~,~?[=..~..~ ~.~ ...... DELRAY BEACH, FLORIDA 33444 - ~* ~ - ': - Janu 4, t, Ir. Donald D. Slesnick, II. 2540 N. W 29th Avenue Miami, Florida 33142 _ ~-. L ~ Special Has~e~'s ~epo~ Dear Mr. Slesnick: This is to advise you that '~e City Council of Delray Beach has established the Public Hearing date required on the Special'Mas, ter'z Report pursuant to Section 13A-12 of the City Code of Ordinances. The hearing will be held in Council Chambers in the City Hall, i00 N. W. 1st Avenue, Delray Beach, January 11, 1977, beginning at 2:00 P.M. The time allott~ for presentations to the City Council is as follows: 45 minutes each total Public Hearing time of two hours and 15 minutes, if that much time is needed. At the negotiating session we had, after the rendition of the Special Master's Report, you stated that' you were going to take some action with reference to our City PERC ordering that the City not go forward with the Public Hearing pending a determination of the 'Unfair Labor Practice charge. The City has been waiting for such action to .be 'taken to give you the opportunity to do so; however, I was informed iby Mr. Saracino, Chairman of our City PERC, that as of late last week no motions or requests have been filed by the PBA. This being so, it is'the City's obligation in the absence of any order prohibiting the holding of a Public Hearing to hold such hearing on the Special Mas- ter's Report "forthwith" Therefore, it has been set for the above da're. t ( 93 Mr. Donald D. Slesnick, II. January 4, 1977 Page Two The City Council and City Administration also asked me to inform you that the police officers who were acting as part of the PBA negotiating t~am for part or all of the negotiations may attend the abo~e scheduled hearing without loss of pay if they are on duty at tha%'time. Sincerely yours, - Roger Saberson RS: shm cc: Patrolman Allen A. Berglin Sergeant Frank A. Henriques City Council City Manager Mr. John Saracino THIS NOTICE WAS HAND DELIVERED TO ALL PBA REPRESENTATIVES ON JANUARY 4, 1977 .94