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HomeMy WebLinkAboutPackets - Council Packets (1068) AGENDA ORO VALLEY TOWN COUNCIL CONSECUTIVE SPECIAL SESSIONS MAY 23, 2005 ORO VALLEY TOWN COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE AGENDA FIRST SPECIAL SESSION AT OR AFTER 5:30 PM CALL TO ORDER ROLL CALL POSSIBLE EXECUTIVE SESSION AT OR AFTER 5:30 PM 1 . Pursuant to ARS 38-431.03(A)(3), Consultation with the Town Attorney for Legal Advice, Council may vote to go into executive session regarding: Ordinance Nos. (0) 03-27, including Exhibit "A" thereto, and (0) 04-28, including Exhibit "A" thereto, all concerning Public Safety Employee Relations and Processes as they relate to the current status of the negotiations between the Oro Valley Police Officer's Association ("OVPOA") and Town Administration, and the OVPOA 2005-06 Proposal to the Town Council. ADJOURNMENT AGENDA SECOND SPECIAL SESSION AT OR AFTER 7:00 PM CALL TO ORDER ROLL CALL 1 . Discussion of OVPOA 2005-06 Proposal to Town Council a. OVPOA Negotiation Team Presentation b. Management Negotiation Team Presentation 2. Discussion / Possible Action by Town Council pursuant to Exhibit A of Ordinance No. (0) 04-28 which provides in pertinent part that: • "All time limits in [Section 5] may be waived by mutual agreement of the Town Council, the Town Manager and the [OVPOA]." Section 5, last paragraph. 05/23/05 Agenda, Council Special Session 2 • "Not later than May 30th, all areas of agreement, as well as those matters in dispute shall be brought forward at the next practical Town Council Meeting [following agreement or declaration of impasse]. With due consideration of all matters, the Town Council may accept, reject or modify those areas of agreement. Dependant upon fiscal impact of the agreed upon items, the Town Council . . . may also take whatever actions they feel appropriate with regard to those matters in dispute. Final action by the Town Council shall constitute the Memorandum of Understanding for the following fiscal year only." Section 5, fifth paragraph. ADJOURNMENT POSTED: 05/20/05 4:00 p.m. lh When possible, a packet of agenda materials as listed above is available for public inspection at least 24 hours prior to the Council meeting in the office of the Town Clerk between the hours of 8:00 a.m. — 5:00p.m. The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). If any person with a disability needs any type of accommodation, please notify the Town Clerk's Office at 229-4700. TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: May 23, 2005 TO: HONORABLE MAYOR & TOWN COUNCIL FROM: CHUCK SWEET, TOWN MANAGER RE: OVPOA 2005-06 POLICE NEGOTIATIONS The documents relating to this meeting were distributed to you on May 13, 2005, but are included again with this communication for your convenience along with Ordinance No.(0) 04-28 that established the negotiations process. We are prepared to respond to these documents as well as the "black book" proposal that was submitted to Council members of May 13, 2005, by a representative of the OVPOA. s a- /Let Chuck Sweet, Town Manager Attach: 1. Ordinance No. (0) 04-28 2. Memorandum and Draft MOU, April 22, 2005 3. E-mail from Troy Kranz, May 8, 2005 4. E-mail from Troy Kranz, May 13, 2005, declaring impasse 5. May 13, 2005, Memorandum, Chuck Sweet to Police Negotiations Committee re. impasse 6. May 13, 2005, Memorandum to Mayor and Council Summary of Negotiations ORDINANCE NO. (0) 04 - 28 AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA, AMENDING SECTIONS 4-1-8 OF THE TOWN CODE PROVIDING FOR THE RECOGNITION OF THE RIGHT OF PUBLIC SAFETY EMPLOYEES TO JOIN EMPLOYEE ASSOCIATIONS WHICH COMPLY WITH THE LAWS OF ARIZONA AND TO PRESENT PROPOSALS AND TESTIMONY TO THE TOS COUNCIL, AND NOT TO BE DISCHARGED, DISCIPLINED OR DISCRIMINATED AGAINST BECAUSE OF THE EXERCISE OF THOSE RIGHTS AND PROVIDING FOR A MECHANISM TO IMPROVE COMMUNICATIONS ATIONS WITH MEMBERS OF THE ORO VALLEY POLICE DEPARTMENT BY ESTABLISHING A PROCESS FOR THE DISCUSSION OF PAY, BENEFITS, AND WORKING CONDITIONS WHEREAS, the Town of Oro Valleyis committed to the development and continuation of harmonious and cooperative relationships with all of its employees; and � WHEREAS, the Town recognizes the right of public safety employees to join employee which comply with the laws of Arizona and to present proposals and testimony to associations h p y the Town Council, and not to be discharged, disciplined or discriminated against because of the exercise of those rights; and WHEREAS, the continued smooth operation of the Police Department is of great benefit to the residents of Oro Valley and the general public; and WHEREAS, the Town Council believes that the following ordinance will be in furtherance of the generalpublic's ublic's health, safety and welfare by providing for a mechanism to improve communications withpublic safetyemployees, and thus allowing them to propose changes or make recommendations regarding pay, benefits and/or working conditions. NOW THEREFORE, be it ordained by the Mayor and Council of the Town of Oro Valley as follows: SECTION 1. The attached document entitled Section 4-1-8 Public Safety Employee Relations and Processes attached hereto as "Exhibit A" will replace the existing Town Code Section 4-1-8 in its entirety. SECTION 2. It has been determined that this Ordinance is a public record with three copies of said Ordinance to remain on file in the office of the Town Clerk. SECTION 3. All Oro ValleyOrdinances, Resolutions, or Motions and parts of Ordinances, Resolutions, or Motions of the Council in conflict with the provisions of this Ordinance are hereby repealed. SECTION 4. If anysection, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof Office of the Oro Valley Town Attorney/ca/100804 F:\Ordinances\Code Amendments\4-1-8 amended 100804.doc PASSED AND ADOPTED by Mayor and Town Council of the Town of Oro Valley, Arizona, this 6THy da of OCTOBER , 2004. TOWN OF ORO VALLEY Paul H. Loomis,Mayor ATTEST: Katli4yn E. Cuvelier, Town Clerk APPROVED AS TO FORM: .7 C� � Town Attorney PUBLISH: DAILY TERRITORIAL POSTED: OCTOBER 12 - NOVEMBER 12, 2004 OCTOBER 14, 15, 18, 19, 2004 Office of the Oro Valley Town Attorney/ca/100804 F:\Ordinances\Code Amendments14-1-8 amended 100804.doc EXHIBIT "A" I 1 SECTION 4-1-8 PUBLIC SAFETY EMPLOYEE RELATIONS AND PROCESSES Section 1. Preamble e have a fundamental interest in the development of harmonious The citizens of Oro Valley g and cooperative relations between Management, Elected Officials, Administrators and public safety employees of the Town. Public safety employees rightjoin have the to employee associations which comply with and topresent proposals and testimony to the Town Council, and not the laws of Arizona p p to be discharged, disciplined or discriminated against because of the exercise of those rights. The Town of OroValley, publicsafety its employees and employee associations have a basic obligation public ation to the to assure the orderly and continuous operations and functions of government. Strikes, work stoppages, slowdowns, and other concerted efforts designed to disrupt Town of Oro Valley services, are contraryto the public good and are strictly prohibited. Section 2. Purpose It is the purpose of this Ordinance to obligate the Town management, public safety and their representatives, acting within the framework of law, to enter into employees p discussions with affirmative willingness to communicate and resolve issues that impact workingconditions. It is also the purpose of this Ordinance to significantly promote harmonious employeremployee— relations by providing a uniform basis for recognizing the right ht of public safety employees to join, or refrain from joining, an � association oft their own choice. Also, it is their right to be represented by such association(s) in their dealings s with the Town in accordance with the provisions of this this Ordinance provides that the results of agreements between Ordinance. Additionally, . itspublic safetyemployees shall be drafted into written Memorandums the employer and p of Understanding. Section 3. Public Safety Employee Group There is presently one publicsafety employee group within the Town of Oro Valley which includes the following employees: p Police Department — Police Officers with the rank of Sergeant and below, not in the academy, in field training or reserve status; Non-exempt civilian employees assigned ed to, supervised by, or otherwise under the control of the Police Department. 1 l 1 Section 4. Representation wishingto re resent public safety employees shall submit a Employee associations p memorandum to theManager . Town byAugust 1St, of each year indicating their desire to represent the public safety employee group. In the event that only one employee association seeks to represent the public safety authorized representation by the group shall be determined by the employee group, p . ' to the Town Manager containing the signatures of at least fifty presentation of a petition g one (1) of the employees in the public safety employee group by percent (50/o) plus etition shall identify the employee association designated to September 1st. The p Upon verification of the signatures, the Town Manager shall represent those employees. p employee association as the official organization (hereinafter the designate the named . " re representation purposes provided for by this measure. The Organization ) for p p � ' the right to bi-weeklyor monthly deduction of dues, if approved Organization shall have by the individual members of said organization. association seeking to represent the is more than one In the event that thereemployee public safety employee group, the Town shall call an election, to be supervised by the League of Women Voters or other similar independent party, between the two or more employee associations. employee The em to ee association that receives fifty percent (50%) plus one (1) of the vote's cast shall be the designated representative. After the Association is designated the authorized representatives of the public safety employee group shall be a Negotiation Committee (hereinafter the "Committee") comprised of four (4) members of the public safety employee group. Section 5. Meeting and Conferring The Town Mang representative(s)Manager or his/her shall notify the association and the selected representatives of the selection and names of the Management Negotiation Committee members byOctober 1St. Should only one employee association seek to represent the Public Safety Group the Town Manager or his/her representative(s) shall by p October 1st, notify that association that they are the sole association seeking to represent the public safety groupthey that will be recognized as the official organization for allowing the dulyelected four (4)representatives to meet and confer with representation a g the Town Manager or his/her representative(s) upon verification of signatures on the public containing at least fiftypercent (50%) plus (1) of the employees in the petition conta g safety group. The Committee and/or association shall submit collective or individual relating benefits, hours, safety regulations and other working proposals rel g to wages,g � conditions by January year of each to the Town Manager or his/her representative(s). proposal osal from the Organization or the Committee, the Town Manager, Upon receiving a p or his/her duly authorized representative(s), shall submit a written response to the 2 proposalOrganizationCommittee within a reasonable time thereafter which to the or the shall be not less than thirty (30) days. �~ receiptTown Manager's response, the n thirtydays from the of the .Withi authorized ' Committee and the Town Manager, or his/her duly Organization or the "meetingand conferring" at mutually agreed upon locations representative(s), shall beginandin of enteringinto a written Memorandum of Understanding and times, for the purpose hours. regarding working conditions, wages, benefits and relating to the proposal g g e until ingood faith byboth parties. Meetin s_shall take place Meetings shall be conducted _ in asse is declared. Time spent by Committee members an agreement is reached, or imp time shall be regular duty hours. Regular duty hours meet an con er re ate meetings - e otiation meet and confer related meetings will be reasonable and require wire spent in non n g prior approval by Command Staff. dulyauthorized representative(s), and the Organization or The Town Manager, or his/her p areas of agreement. Any final agreement reached by the the Committee shall initial all gr or the Committee shall be in writing Town Manager and the Organizationand signed by the authorized persons. Those areas that were not agreed to shall be outlined as matters in dispute. - _. areas of agreement, as well as those matters in dispute shall Not later than May 30th, all � be brought forward at the n practical ractical Town Council meeting. With due consideration Council mayaccept, reject, or modify those areas of agreement. of all matters, the Town also of the agreed upon items, the Town Council and may Dependant upon fiscal impact � Final e feel appropriate wth regard to those matters in dispute. take whatever actions theywith for the Council shall constitute the Memorandum of Understanding action by the Town following fiscal year only. be waived All time limits in this Section may by mutual agreement of the Town Council, the Town Manager and the Organization or the Committee. Section 6. Conflict with Arizona State law provision of this Ordinance is in conflict with Arizona State Law, In the event that any then to the extent of the in the Arizona Constitution, Statutes, or Court Decisions, including Ce. Anysuch conflict shall not Arizona State Law shall prevail over this Ordinan conflictprovisions rovisions herein not in conflict with Arizona State Law. impair the validity of all Section 7. Grievance corrective action may only be taken against a police department or Disciplinary or bargaining unit member forjust cause. In the event of a disciplinary action, members maintain the right togrieve accordingto the established grievance procedures. 3 1 PUBLIC SAFETY EMPLOYEE RELATIONS AND PROCESSES TIMELINE (Exhibit B) (Amended 2004 calendar only) October 6th, 2004 Ordinance Proposed to TOV Council (possible action) November 6th,2004 Formal Adoption Period of Ordinance November 6th to December 6th, 2004 Selection of Employee representatives (Election process if necessary) December 6th, 2004 Notification of Town Manager of selected Committee names January 6th, 2005 Deadline for Committee to submit proposals to Town Manager (written response due not less than thirty (30) days from submittal) Committee response from Town Manager due within thirty (30) days of receipt of Town Manager's response May 30th, 2005 Deadline for"Meet and Confer" with Town Manager, forward all issues to Executive Session at next practical Town Council Meeting Co -I 0 n cr 0 0 a) OD 8 P n 0 N O O a O .„.O 11 Z 0 p ..,.. 00 a a- a o (p '1. 0 N0FD 0 CD 0 ;4.. M N O o _. N m Q O cD• 3. m cn CD -a '' �.. I 0 CD -RR- Kz c-v ::::-- o = o c) 3ca 0a' l 1D o -3 0 0 CL:pyj � � o t ID 0 `� a o c-,=:SI, LIC:j. cv E. m ki 5 . 0 CT =. c (.4 v, , 3.cc CT0C) = -•, 3 a, C. -a. i.' FD '8 ..ri-C 3 0 P a, CA -, - 0 -+, p ^ VOi 3 0 - 0' 3 CD CA 3 N CD .+ v) a00 g. n O 7 0 a 3 0 03 cn V = D) m cD O• CD N CD CD O a N co .0 O FP M 0 CD Cn 0) n w ..... ,,, C = ... ..... r a) Cl) cn COc O CCD --I - CZ O o (Tl 0 5 (ID CD 7 n M C CD O CD o 0 = = - - o C CD z. O. PUBLIC SAFETY EMPLOYEE RELATIONS AND PROCESSES TIMELINE (Exhibit C) Section 4. Representation August 1st of each year Dead Line for Employee Associations to notify Town of Oro Valley(TOV) of Official Representation. Section 5. Meeting and Conferring October 1st of each year Deadline for Town Manager notification of selected Employee Organization of the g names of the Management Negotiation Committee members. January 2"d of each following year Deadline for Negotiation Committee and/ or Association g proposals to submit ro osals relating to wages,benefits and other working conditions to the Town Manager. A Written response from the Town Manager to the Negotiation Committee and/ or Association is due not less than thirty (30) days from submittal. Within thirty(30) days of the receipt of the Town Manager's response, the Negotiation Committee and/ or the Organization shall begin "meeting and conferring". May 30th of each year Deadline for all issues, agreed upon or not, gh to be brought forward in Executive Session at the next practical Town Council Meeting for review and possible action. time waived bymutual agreement of the Town Council, All limits in this Section shall be the Town Manager and the Negotiation Committee or the Organizati on. O 3 ;_,;) CD = . LS cp� .O cp C)) a) -iC 2 CD • O n = < Cn , �CD °c°_, --- moo te d G=C1 _v, Km nS 3 0 o =-v g ©. = EL 21 - CD CODCp CD > cp R, o 3z000 0 moo _ -,, 3 (8, d'oo o • o (ED 2-=o " tO -0No O O cn 0 31-0- C) 0' 3 co = o = m • o c 0aa) m = Qa aCOCO30 p0w . --:1 • CI 1 cn I 1a c FD --1 c � Ni o (IL]. � 3vcD, co CD Cn = Si = CD o C) CD Cr CO • CD CD O camW _ >, 0 0 0 O cts -, ct,3 0 UV ) M‘'<03 �. a O Cn = 3 N o 0 .., (,) 5 a cD C cp Ii1. M 0 = 5. a 0 '" April 22, 2005 TO: OVPOA Negotiating Committee FROM: Management Team RE: Draft MOU Attached is a draft MOU that is based on the benefits currently offered to public safety personnel. It includes (a) clarification of meal period policy; and (b) addition of Property and ID Technicians for uniform allowance. Attachments include (c) an expanded list of all of the benefits that are currently offered to Town employees, both sworn and non- sworn; (d) a draft Step Plan that includes a Town Manager-recommended COLA increase; (f) a draft compensation plan that also reflects that same recommended COLA increase; and (g)portions of Arizona state law that specifically refer to sworn public safety personnel and their rights. We believe that this draft MOU deals with the major areas of interest that the members of OVPOA voted as most important to them. Please be advised that a subsequent communication from the Town Manager as required by Ordinance (0)04-28 will be forthcoming when the Town Manager's recommended 2005-06 budget is delivered to the Town Council on Monday, April 25, and that the recommended budget includes and reflects the information contained in this draft MOU and attachments. We will schedule a meeting next week to review this document and continue negotiations. DRAFT MEMORANDUM OF UNDERSTANDING BETWEEN PUBLIC SAFETY EMPLOYEES AND THE TOWN OF ORO VALLEY FOR THE PERIOD JULY 1, 2005 TO JUNE 30, 2006 This Memorandum of understandingexists between the Town of Oro Valley and the Public Safety Employees as provided for in Town of Oro Valley Ordinance (0) 04-28. We recognize the primary interest of all partiesprovide is to excellent service through partnerships that build trust, prevent crime and promote a safe environment to enhance the quality of life within our community. This Memorandum addresses the fact that the Town strives to provide for working conditions, wages and benefits in a consistent manner for all Town employees, as outlined in the Town of Oro Valley Personnel Policies and Procedures effective January 2005, while recognizing that there are additional considerationsspecific related to s ecific job positions. This Memorandum of Understanding will address those considerations and/or clarifications as they pertain to job positions of the Public Safety employees. Compensation Police offkers, policeassigned officers assi ned as lead officers, detectives, sergeants, dispatchers, dispatchers assigned dispatchers,ned as lead dis atchers, communications supervisors, records specialists, records supervisors and property/I.D. technicians are compensated pursuant to a step plan (attachment A) as approved bythe Town Council for each fiscal year. These members, whose annual performance appraisals are approved bythe Chief of Police, and whose performance appraisals indicate a "meets" or "exceeds expectations" in the summary of all factors, will be compensated at the next higher step Ian rate for the position if approved by the Town Council each fiscal year. P File clerks, officespecialists, receptionists, crime analysts, senior office specialists, public information officers and administrative service managers are compensated pursuant to Town of Oro Valley Personnel Policies and Procedures, Policy 6-Classification, Policy 12-Compensation and Policy 13- Pay Adjustments .These members receive annual merit increases based on the summary of all performance rated in annual reviews approved by the Chief of Police in accordance with the Town of Oro ValleyMerit Increase Guidelines (attachment B) if such merit increases are approved by the Town Council each fiscal year . Members assigned as motor officers, D.A.R.E. officers, school resource officers and canine handlers will be compensated with an additional $40 per week ($80 per bi-weekly pay period) "special assignment" pay. Police officersassignedas investigators in the Detective Unit of the Oro Valley Police Department will 9 at the detective payrate commensurate with the step reached through years of be compensated service asp police officers. Detectives and police officers assigned as investigators in the Detective Department of the Oro ValleyPolice De artment will receive annual performance reviews and compensation step increase consideration based on the anniversary date of their assignment as sworn police officers. Police Officers assigned Training ssi ned as Field Officers will be compensated with an additional $40 per week ($80 per bi-weekly pay period)a "special assignment" pay during the period they are actively involved in the field training phases of officer(s) in field training. 1 Members are eligible to receivepay on-callat a rate of$1.00 per hour in accordance with Town of Oro Valley Personnel Policies and Procedures, Policy 30-On-Call and emergency Call—Out Pay. P Receipt of any on-call pay is conditioned on compliance with the terms and requirements of Policy 30. shift differential payat a rate of$.80 per hour for regular scheduled hours Members will receive worked between the hours of 1800 and 0600 hours. It is the member's responsibility to indicate hours subject to shift differentialon payroll a roll time sheets when the time sheets are submitted. If a member works a shift that includes hours subject to shift differential pay as a result of a shift trade with another member, the member who was scheduled to work that time will receive the shift differential pay. Members must keep this in mind when they work out a shift trade with another member. Members will be compensated with overtime pay at a rate 1.5 times their regular hourly rate or accrue compensatory time pursuant to Town of Oro Valley Personnel Policies and Procedures, Policy 14- overtime. Paid leave time maybe considered part of a member's normal work period for the calculation of overtime compensationas longas the paid leave time is not the same shift day as that for which overtime compensation is requested. However, if the member was called out during hours other than the member's regular hours of work on a day where paid leave time was used for normal P work hours they may receive overtime compensation for the time worked related to the call out. Members who are called into work duringhours other than the member's regular hours and/or days of work shall be compensated bytwo hours of overtime or the actual time spent working, whichever is greater. If the member is called into work within 60 minutes of the completion of the member's normal work period, the member shall be compensated for overtime from the end of his or her normal work period until the member completes the assignment, is no longer required, or goes off-duty. If a member's normal work periodbegins be ins within the two hour period of being called into duty, the overtime shall be compensated from the call in time to the beginning of the normal work period. Members who are required to attend anypretrial hearing, Motor Vehicle Division hearing, civil or q criminal trial to carry out the member's departmental duty during hours other than the member's days hours and/or da s of work shall be compensated by three hours of overtime or the actual time whichever is greater. If the attendance is required within 60 minutes of the spent in attendance, member's normal workperiod, the member shall be compensated for overtime from the end of his or her normal work period d to the end of the required appearance. If a member's normal work period periodrequired within the three hour of a appearance, the overtime shall be compensated from the appearance beginning time to the be innin of the normal work period. Members who are required to attend additional hearings or trials in one day shall not receive a second minimum 3-hour period of overtime compensation unless the additional appearance is required more than 60 minutes from the period of the three hour or release from previous required appearance, whichever is later. certifiedpeace officer positions, dispatchers, dispatchers assigned as lead dispatchers, Members in communications supervisors, property/I.D. technicians will be compensated for a 30 minute meal and period as part of their regular work period as long as these members remain available to immediately g provide to service when necessary during the meal period. Work schedules Members' work week will remain flexible (and assigned by Department management) to best meet the needs of the Town. Job descriptions are available for all members' positions; these descriptions may further define work schedules. 2 i R Retirement Benefits Members eligible for the Public Safety Personnel Retirement system (P.S.P.R.S.-20 year retirement plan for certified peace officers) shall contribute a percentage of their salary and the Town shall an additional percentage of the member's salary as outlined in the Arizona Revised contribute Statutes. Percentages may fluctuate annually depending on actions of the State of Arizona. Y Members who elect to "drop" in the Public Safety Personnel Retirement system receive an additional percentage contribution of the member's salary from the Town commensurate with the current rate of employer contribution for Arizona State Retirement System members (which percentages may fluctuate depending annuallyde endin on actions of the State of Arizona) into a "457" deferred compensation plan for the member. Members eligible for the Corrections Officer Retirement Plan (C.O.R.P. 25-year retirement plan for dispatchers,tchers lead dispatchers and communications supervisors) contribute a percentage of salary and the Town shall contributes an additional percentage of the member's salary as outlined in the Arizona Revised Statutes. Percentages may fluctuate annually depending on actions of the State of Arizona. All remainingmembers will participate in the Arizona State Retirement System (defined benefit plan all members not eligible for P.S.P.R.S. or C.O.R.P.) and shall contribute a percentage of salary for 9 and the Town shall contribute an additional percentage of the member's salary as outlined in the Arizona Revised Statutes. Percentages may fluctuate annually depending on actions of the State of the member's salary. Uniforms and Equipment Members in certified peace officer positions and Property/I.D. technicians will receive $1200 annually (in payments quarterlya ments of $300 after the first year of service because new officers receive a $1200 lump sum payment upon hire) to purchase and maintain uniforms, clothing and equipment sufficient p Y P to comply with OVPD Rules Chapter 12. Members in certified peace officer positions will receive a stipend toward the purchase of a ballistic vest of their choice everyfive years. The vest must meet or exceed National Institute of Justice Standards 0101.03 and 0101.04, "Ballistic Resistance of Personal Body Armor." Members in certified peace officer positions will be issued a duty weapon, duty belt, chemical defense agent, baton, pocket recorder and duty belt accessories to carry equipment normally carried on the u belt. Other specialty equipment may be issued to members as approved by the Chief of Police. duty P tY A member who receives uniform allowance and must spend over the $1200 uniform allowance, in any year of service to maintain compliance with OVPD Rules & Procedures, for the repair or replacement of g equipment uniforms, clothing, and a uipment items damaged, lost or stolen in the performance of assigned duty without fault or negligence of the member may be reimbursed by the Town for those costs over 3 $1200 when documentation of the loss and additional costs are provided and the Chief of Police approves the reimbursement. Signed and dated: 4 1 p Current list of Police Department member benefits and/or working conditions ou the Town of Oro Valleyin addition to those described in the provided through of Understandingeffective for July 1, 2005 through June proposed Memorandum 30, 2006. 1. Compressed and /or flexible work week, where practical, for many assignments 2. Take Home vehicles assigned for many positions and or assignments 3. Paid Holidays (11 per year— 10 @ double time if worked/1 —birthday—day off) y 4. Vacation Pay (2-4 weeks per year, dependent upon years of service) 5. Sick leave benefits (12 days/ 96 hours per year) a. Members with over 480 hours sick leave can convert up to 56 hours of unused sick leave from the previous 12 months to vacation time annually b. 50P ercent of unused sick leave accumulated over 480 hours will be paid out to members at the member's regular hourly rate at the time of separation from service with the Town of Oro Valley. 6. Personal Time Off(2 days every 12 months for reasons not covered elsewhere) 7. Bereavement Leave 8. Regular pay for up to 1 year for military reservists on Presidential call-up. � ar 9. Coordination of Off-Duty Work (and indemnification) 10. 100% of members medical insurance premium paid by Town 11. 75% of members dependant medical insurance premium paid by Town,the Town currently offers two medical plans: a. HMO plan, $10 co-pays, prescriptions $10-$25-$35, 1n $2✓_$35, incl„dPv vision coverage b. POSP lan, $15 & $25 co-pays, prescriptions $10-$25-$35, includes vision coverage, no referrals required, can go out-of-network 12. 100% of members dental insurance premium paid by Town 13. 75% of members dependant dental insurance premium paid by Town 14. Retired members have the option of continuing medical insurance coverage at a rate made available to them through participation of the Town in rate negotiations 15. 100% Life Insurance premium paid by the Town for a policy that pays out one year of the member's salary. 16. Supplemental Life Insurance available for member where member may purchase additional life insurance up to five times the member's annual salary at a rate made available to them through participation of the Town in rate negotiations. 17. Supplemental Life Insurance is available for spouse and children at a rate made available to them through participation of the Town in rate negotiations. 18. 100%of the member's long-term disability insurance premium is paid by Town for non- ASRS participant members. 19. 100% of the members workers' compensation insurance premium is paid by the Town 20. Extensive Employee Assistance Program (EAP)—provided by Town 21. Tuition Reimbursement for members at a rate of 75%reimbursement from the Town based on UofA rates for books and tuition for job-related college credit courses 22. Town sponsored "Section 129 Plan” (Dependent Tuition savings account with tax-free interest) 23. Town sponsored "Section 105 Plan" (Medical Care Reimbursement Accounts up to $1500 per year) 24. Town sponsored "Section 125 Plan" (Pre-Tax contributions for Medical/Dental/Supplemental Life insurance premiums) 25. Town sponsored "Section 125 Plan" (Pre-Tax contribution for Dependent Care Reimbursement Accounts up to $5000 per year) 26. Town sponsored "Section 529" (Pre-Tax contribution Dependent Education Savings Plan) 27. Town sponsored 457 Deferred Compensation Plans (Pre-Tax contributions) 28. Town sponsored AFLAC supplemental insurance products a. accident plan b. short term disability plan c. cancer plans d. long term care plan e. hospital indemnity plan 29. Supplemental Vision Care benefits (Eye Care Direct) 30. Supplemental Prepaid Legal Services 31. Access to Credit Union (Az. Central Credit Union) 32. Supplemental Commuter insurance paid by Town through AMRRP. 33. Town administered payroll deduction for FOP/OVPOA Dues Additional detailed information is available from the Town of Oro Valley Human Resources Department related to benefits listed Page 1 of 1 From: TroY Kranz [TroyTK@COmCaSt.net] Sent: Sunday, May 08, 2005 12:04 PM To: Kovitz, Bob, I @ Y stevens orovalle .net; cwillet@orovalley.net; Andrews, David . Cc: ovjoker77@msn.com Subject: Negotiations Meeting, 5-10-05 Members of the Management Team, The members of our negotiations group received and reviewed your draft Memorandum of Understanding. We are willing to use 9 majorityof the language in this document to complete a final proposal. In order to negotiate a Memorandum that is acceptable the 9 to our organization, we propose to add the following from our initial proposal to your draft: Article 5 (OVPOA Rights); Sections 5, 9 and 10. Article 9 (Employee Rights); All sections. Article 12 (Hours of Work); Sections 2 and 10. Article 23 (Grievance Procedure); All sections. We are of course willingto address any specific concerns you may have with these sections, and modify the wording if needed. Hopefully this information will make our meeting on May 10 more productive and help us reach our goal of negotiating an P Y agreement that is acceptable to both the Public Safety employees and their management. Sincerely, The OVPOA Negotiations Committee This E-mail has been scanned by McAfee WebShield. Any infected attachments associated with this E-mail have either been deleted or cleaned. --Town of Oro Valley Information Technology Division fi►P• tir7\nnc-iiments%20and%20Settings\bkovitz\Desktop\Police%20materials%2... 5/13/2005 From: Troy Kranz [TroyTK@comcast.net] Sent: Friday, May 13, 2005 2:09 AM To: Kovitz, Bob; Istevens@ovpd.org; Willett, Carol; Andrews, David Cc: ovjoker77@msn.com Subject: 2005 Negotiations -o the Management Negotiations Committee, 'er our request at our meeting of May 10, 2005, I am placing into writing what we discussed. Y 'Ve are in agreement on the following: The proposed 2.3% COLA is reasonable and fair. Ne are not in agreement on the following: The proposed step adjustment's for various police job classifications. The proposed change in retirement contribution amount for Department members. The proposal to move all civilians in the Police Department to a step pay plan. .The proposal to increase the Comp Time Cap for dispatch personnel to 120 hours. .The form and content of the proposed Memorandum of Understanding for the 2005-2006 budget year. the Town Manager M er indicated that negotiations were to be completed by May 16, 2005, there is no longer time to resolve our mpasse on these issues. The OVPOA Negotiations Committee This E-mail has been scanned by McAfee WebShield. Any infected attachments associated with this E-mail have either been deleted or cleaned. --Town of Oro Valley Information Technology Division 5/13/2005 MEMORANDUM May 13, 2005 TO: Troy Kranz Amy Hartsuck Bob Jenkins FROM: Chuck Sweet, Town Manager This memorandum will acknowledge receipt of your e-mail at 2:09 a.m. on May, 13, 2005, in which you indicate that an impasse has been reached in the Police negotiations. Please be advised that this matter will now move forward to the Town Council for final resolution. For your information, I will be requesting a meeting of the Mayor and Council on Monday, May 23, 2005. Chuck Sweet, Town Manager Cc Mayor and Council members Chief Sharp Commander Stevens David Andrews Melinda Garrahan Bob Kovitz Jeff Grant Carol Willett t Y MEMORANDUM May 13, 2005 TO: Chuck Sweet Town Manager FROM: Management Negotiations Team RE: SUMMARY--POLICE NEGOTIATIONS—JANUARY-MAY, 2005 This memorandum summarizes the meetings that have been held between the OVPOA Negotiating Committee and the Management Negotiation Team that were initiated with the submission of the OVPOA "collective proposal" on January 4, 2005. That proposal was, for the most part, a copy of the Tucson Police Department's contract with some additional language taken from other public safety agencies' contracts or MOU's. Per Ordinance (0) 04-28, the Management Negotiation Team waited the requisite 30 days before submitting a response. Hereafter is a listing of the meetings or correspondence and the major issues discussed in each: 1. February 9, 2005 The Management Negotiating Team submitted its written response that summarized the current benefits for sworn and non-sworn personnel in the Police Department. The Management Negotiating Team proposed using this summary as a basis for an MOU. 2. February 14, 2005 We reviewed ground rules as well as the five top issues as determined by the OVPOA: a) Having all Police department employees on a Step Plan b) Having civilians be eligible for the same compensatory time accumulation limits as officers c) Getting step adjustments comparable to local agencies d) Having officers' retirement contribution rate the same as Tucson Police Department officers' e) COLA increase that is reflective of U of A study We also agreed to the following: ■ Morale in the Police Department was good and the only issue having a negative impact on morale at this time is short patrol staffing on the street • The OVPOA Committee will create a document comparing what is currently in place to the draft proposal that OVPOA submitted in order to identify the difference between the tw 3. March 1, 2005 We agreed that the notes for the February 14 meeting were accurate. The OVPOA Committee agreed to perform further analysis of the fiscal impact of their proposals beyond Police Department line items as well as the resource requirements that would be necessary to comply with all of the other items contained in the OVPOA's submission. The OVPOA Committee agreed to provide compelling arguments for the compensatory time accrual limit changes that they had proposed, and to explore further the Step Plan vs. the Town's compensation plan to make certain that the Police employees understand the full impact of any proposed change. We discussed the fact that there has not been any exodus of OVPD officers to TPD, and that a "potential" exodus did not constitute a compelling argument that could be taken to the Town Council. 4. March 16, 2005 We agreed that the notes from the March 1 meeting were accurate. We agreed that the OVPOA Committee did not provide the analytical information regarding the fiscal impacts as discussed the March 1 meeting. The OVPOA Committee dropped its request for compensatory time limit accrual changes for Records Clerks, having found no compelling justification. The Committee committed to submitting justification for changes to compensatory time limit accruals for Communications personnel. The Committee agreed to reformat its proposal into a spreadsheet. The Management Negotiation Team requested that this spreadsheet use the current list of benefits as the starting point with proposed changes, rationale and fiscal impact shown for each proposed change. (Although the OVPOA Committee was not certain that it could produce such a document,they informed the Management Negotiation Team on March 18 that they were able to meet this request). The Management Negotiation Team agreed to set up a meeting to explain the difference between the Step Plan and the Town's "Comp" Plan to interested Police employees prior to March 29. 5. March 29, 2005 We agreed that the notes from the March 16 meeting were accurate. The OVPOA Committee submitted their reformatted proposal. The Management Negotiation Team made it clear that this reformatted proposal did not represent what was requested that it did not present an accurate distinction between the present benefits and policies vs. those being proposed by the OVPOA. The OVPOA appeared to continue to use their proposed contract as the basis for comparison, contrary to what had been agreed to at the March 16 meeting, and c t that the justifications and fiscal impact were not accurately and completely included. The OVPOA Committee stated that their proposal was intended to deal with situations that had never arisen in the OVPD, and that their original proposal was also intended to take discretion away from the Police Department's management. A Management Negotiation Team member (Cmndr. Stevens) offered to re-format the MOU that would use Oro Valley's current policies as a starting point, and that this re-formatted MOU would be distributed in advance of the next meeting (the date for which had not been determined at that point). 6. April 22, 2005 The Management Negotiation Team sent a draft MOU to the OVPOA Committee that included an expanded list of benefits, a draft Step Plan that included a Town Manager-recommended COLA increase, a draft compensation plan with the same COLA increase, and portions of Arizona law that cover many of the issues raised in the OVPOA proposal. 7. April 25, 2005 The Town Manager informed the OVPOA Committee that the draft MOU sent on April 22 constituted the latest response from management, and that negotiations would remain open until at least May 16, 2005 (when the Town Council is scheduled to consider the Police Department budget). 8. April 27, 2005 Only one member of the OVPOA Committee was present for the negotiating meeting. The Management Negotiation Team was informed that one member of the OVPOA Committee would no longer be participating on the Committee (Sgt. Trujillo). No further action was taken. 9. May 10,2005 This meeting date was scheduled at the request of one of the OVPOA Committee members (Hartsuck). On Sunday, May 8, 2005, an e-mail was sent from Committee member Troy Kranz to the members of the Management Negotiation Team indicating that the basic MOU distributed on April 25 was essentially acceptable, but that the OVPOA Committee wished to include several sections from the original proposal. At the May 10 meeting,the Committee and the Team spent approximately 1 1/4 hours discussing the specific sections listed in the May, 2005, email from Committee member Troy Kranz. The Committee's justification or reasoning behind the continued demand for these items could not to be related to any specific action that had ever occurred in the Oro Valley Police Department, although all agreed that the inclusion of these items would take away management discretion in many areas. There was no fiscal or operational impact evaluation offered by the Committee. The Management Negotiation Team asked the Committee if they would agree that the draft MOU presented by the Negotiation Team by could be sent forward to the Council as the basic MOU with the understanding that the Committee could address additional items as matters in dispute as they saw necessary. The OVPOA Negotiating Committee informed us that they had already met with their membership and that the Committee was not empowered to negotiate any of these sections other than minor wording modifications. The Committee further indicated that their membership had directed them that the draft MOU would be acceptable only with these sections added, and they further stated that this was, in fact, their all-or-nothing stance regarding the draft MOU. While not constituting a formal impasse, this position by the OVPOA Committee has the effect of ending this round of negotiations. We believe that we have negotiated in good faith throughout this process, despite the fact that the Committee consistently did not produce the material or justification that they had agreed to (and which have been documented in the meeting notes), and that the documents that were presented were often made available to the Management Negotiation Team at the last moment. Nevertheless, we are still willing to take the draft MOU to the Town Council since it represents the most important issue of the OVPOA as we understand it the desire to memorialize the current benefits enjoyed by the Police Department personnel. In fact the Management Team MOU proposal actually includes additional benefits in the area of uniform and equipment allowances for Property/ID techs and damaged uniform and equipment replacement benefits for all members receiving "uniform allowance." Furthermore, we are willing to continue the process of discussing the other issues that the OVPOA Committee has raised in order to give them an opportunity to demonstrate the justification and cost for any benefit or condition that they believe needs to be addressed. This discussion can continue throughout the year and well in advance of the formal 2006-2007 negotiations. 9 \ • \Th\N' Commander LaripStevens ) Bob Kovitz ) . /, Arit,W? David Andrews Carol Willett OVPOA 2005-2006 Proposal Pay, Step Plan • Currently,the Tucson Police Department and the Pima County Sheriff have a higher base rate of pay(See percentage difference between current OVPD and TPD pay rate on following page). In other terms, approximately 1400 of the 1800 police officers in Pima County receive a higher rate of pay than Oro Valley officers. • The Town Manager of Marana is recommending to the Marana Council that they adopt the Tucson Police pay scale plus 2.5% for their police officers. The City Manager of Tucson is recommending to the Tucson Council that their officers be given a 3%raise effective in July, and a further raise(expected to be around 5%) in January 2006. Thus, even if the OVPOA plan is adopted, Tucson and Marana will be paying their officers more(assuming their respective Councils adopt their management's recommendations). • In order for Oro Valley to attract the best qualified new police recruits, our pay and benefits package must be at least similar to other local police agencies. The Tucson Police Department is our primary competition for new recruits as they hire the most new recruits. The Pima County Board of Supervisor's recently adopted the Tucson Police Pay Scale(which increased the average compensation for deputies by 15%)because they were losing officers to TPD. We do not want to be the next target of TPD's recruitment efforts now that they have effectively lost that source of experienced police officers. • Our dispatchers and records clerks have competitive starting salaries,but their upper ranges are substantially less than the equivalent Tucson Police position. Adding a 10th step(4%higher than current step 9)would help address this imbalance. (See following page.) • Our Property/ID Techs are paid significantly less than the equivalent positions at the Tucson Police Department. This position requires a great amount of training, and their work experience is invaluable. Were either of our current ID Techs to leave for Tucson(which was what created our last vacancy in this position), we could not hope to replace their lost job experience and training. Adding a 10th step would be a start in correcting the discrepancy in pay between Oro Valley and the City of Tucson. Memorandum of Understanding • The language we propose is similar to the agreement in place between the City of Tucson and its police officers. Indeed, it is similar to the language in the majority of agreements made between Arizona municipalities and their police officers. Arizona's largest municipalities are effectively providing police protection with similar agreements in place. • Currently, commissioned police personnel are allowed to accrue 120 hours of compensatory time, while civilians are allowed to accrue 60 hours. We propose allowing dispatch personnel to also accrue 120 hours. Dispatch personnel must work 24 hours a day, 365 days a year-just as commissioned personnel must. The increase in allowed compensatory time recognizes this fact. • Police Department Employees currently must follow Department Rules and Procedures while performing their duties. Is it unreasonable for the Department to follow 12 pages of rules when dealing with the employee? Current Pay Percentage Difference between Tucson and Oro Valley Police Positions Officer: Detective/Lead Officer: Step 1: 1.3% Step 1: 0% Step 2: 2.4% Step 2: 1.3% Step 3: 3.4% Step 3: 2.5% Step 4: 4.3% Step 4: 3.7% Step 5: 5.4% Step 5: 4.9% Step 6: 6.3% Step 6: 6.1% Step 7: 7.4% Step 7: 7.3% Step 8: 8.4% Step 8: 8.6% Step 9: 4.2%* Step 9: 4.6%* * Comparing current OVPD Step 9 to Tucson Police Step 8 Dispatcher: Maximum OVPD: $20.61 Maximum TPD: $21.68 Difference: 5.2% Records Clerk: Maximum OVPD: $17.39 Maximum TPD: $18.46 Difference: 6.2% Property/ID Tech: Starting OVPD: $14.55 Maximum OVPD: $19.86 Starting TPD: $15.27 Maximum TPD: $23.74 Difference: 4.9% Difference: 19.5% Note: Tucson Police civilian positions (dispatcher,records clerk, ID Tech) currently have 14 steps.