Item Coversheet

6.A

CITY OF BUCKEYE
City Council Regular Meeting
Council ACTION REPORT

MEETING DATE: 8/7/2018

AGENDA ITEM: 6A. FY 2018-2019 Buckeye Police Association MOU

DATE PREPARED: 7/3/2018

DISTRICT NO.:

STAFF LIAISON: Nancy Love, Human Resources Director, (623) 349-6255, nlove@buckeyeaz.gov

 

DEPARTMENT: Human Resources

AGENDA ITEM TYPE:Consent Item

ACTION / MOTION: (This language identifies the formal motion to be made by the Council)

Council to take action on the Memorandum of Understanding (MOU) between the City Manager of the City of Buckeye and the Buckeye Police Association for the 2018-2019 Fiscal Year.


RELEVANT GOALS:
GOAL 5: Responsive and Accountable Government and Effective Public Services

SUMMARY

PROJECT DESCRIPTION: 

The Buckeye Police Association, being a recognized Employee Organization per Ordinance 67-08, submitted their FY 18-19 proposal of items for discussion, to the City Manager, within the required timeframes. 

 

The City Manager and Association Board Members met and discussed the items presented for consideration. Following is a summary of the requested changes and the final outcome of the process. Paragraph numbers, referenced below, refer to those found in Attachment A.   

 

WAGES and HOURS

 

Paragraph #7 – Stand by Pay (On Call)

 

The word ‘Sergeants’ was added to the first sentence of this Paragraph simply to more accurately define the current practice.  Police Officers and Sergeants assigned to the criminal investigations division currently receive Stand by Pay, however, previous MOU’s only referred to Officers.

 

Paragraph #8 – Field Training Officer Pay

 

Association:  The Association requested Police Officers and Sergeants who are assigned as a Field Training Officer (FTO) or Field Training Sergeant receive a 3% increase to their base hourly rate of pay, while assigned to a field training position.  Police Officers who serve as FTO’s have received FTO pay for some time. This item simply includes FTO pay for Sergeants when they are assigned to train a new Sergeant.   

 

City Managers response: The City Manager agreed to this request.   

 

This request is included in the proposed FY18/19 MOU.

 

 

 

The Police Association also brought forth other items for consideration. These items were discussed during the meet and confer process, however, agreement could not be reached on the following items and they are not included in the FY18/19 MOU.  The Buckeye Police Association provided their written comments regarding the items not agreed upon. Their document is attached as Attachment B

 

Longevity Pay

 

Association:  The Association requested the following language be included in the FY18/19 MOU:

 

“Longevity/Succession Pay: Each member will receive semi-annual payments in the second paycheck of July and the first paycheck of December in accordance with the following schedule. Longevity/Succession pay shall not be prorated. Members must serve for complete fiscal years in order to qualify for the next corresponding level of longevity/succession pay. Employees terminating their employment with the City for any reason shall forfeit any longevity/succession pay that would otherwise be next due.”

 

Minimum Full Years of Service

Semi-Annual Payment

Annual Payment

180+ months

$1000.00

$2000.00

108 to 179 months

$800.00

$1600.00

96 to 107 months

$700.00

$1400.00

84 to 95 months

$600.00

$1200.00

72 to 83 months

$500.00

$1000.00

60 to 71 months

$400.00

$800.00

48 to 59 months

$300.00

$600.00

36 to 47 months

$200.00

$400.00

 

City Manager response:

 

The City Manager does not support this request. The City currently does not have a longevity pay policy.  A longevity pay policy should apply to all City employees and should be brought before Council as a separate city-wide policy action item.  A longevity pay policy would have a financial impact to the City.

 

This request is not included in the proposed FY18/19 MOU.

 

Specialty Pay

 

Association:   The Association requested the following item be included in the FY18/19 MOU:

 

“Employees shall receive Specialty Pay after successfully completing the required testing process or securing the certification (if required), while assigned to a position designated to utilize this training. These assignments require specialized duties beyond that of general patrol functions.

 

Specialty pay is an additional 5% of the employee's base pay. Employees can only receive one specialty pay. Bi-lingual pay is an exception.

 

Police Officers and Sergeants assigned to a specialty unit, including but not limited to K-9, School Resource Officers (SRO), SWAT, Traffic/Motors, and Detectives shall receive specialty pay. This pay begins as soon as they begin performing in the position. This pay is terminated as soon as they leave the specialty position for any reason.”

 

City Managers Response:  

 

The City Manager and Police Chief do not support these additional Specialty Pay requests.  Specialty pay increases the police departments budget. Specialty pays may also provide officers with appeal/due process rights when they are removed from the specialty assignment. Reduction in pay provides police employees the right to appeal the reduction.  The appeal process, for actions such as demotion, suspension and termination, is a process supported by the city, and is afforded to all classified city employees.  The fact that the reduction in pay, and an officers access to the appeal process, as a result of the officer being removed from a specialty assignment, could create a burdensome administrative process.

 

This item is not included in the proposed FY18/19 MOU.

 

Shift Differential Pay

 

Association:  The Association requested the following language be added to the MOU as letter “d” under Shift Differential Pay – Paragraph 6

 

“d. Employees assigned to a shift that is eligible for shift differential pay, but attend training that is scheduled outside of their normal hours will still receive shift differential pay.”

 

City Managers Response:  

 

The City Manager does not support this request.  Typically training activities are held during regular business hours 7:00a.m. to 6:00p.m. Shift differential pay is provided to compensate employees who work less desirable shifts in an effort to compensate them for missing time with family and managing other work-life balance concerns.    

 

This item is not included in the proposed FY18/19 MOU.

 

Holiday Pay

 

Association:  The Association requested the following language be included in the FY18/19 MOU:

 

“All hours worked on a shift that begins between 12:01 a.m. and midnight on the actual calendar holidays (not the designed observed holidays) of New Year’s Day (January 1), July 4th, Thanksgiving Day and Christmas Day (December 25) will be paid at an overtime rate (time and a half)”

 

City Managers response:

 

The City Manager does not support this request. Employees who work on a holiday receive holiday pay as well as pay for hours worked.  They also have the option, per policy, to bank the holiday hours and take the holiday hours off at a different time. 

 

This item is not included in the proposed FY18/19 MOU.

 

Stand By Pay (On Call)

 

Association:  The Association requested the following language be added to Paragraph 7 of the MOU:

 

“Stand by pay is a type of premium pay that is paid to law enforcement officers who are assigned to specialty units that are subject to call outs after hours or during regularly scheduled days off.  These units currently consist of K-9, SWAT and Traffic but may include specially trained officers (Phlebotomist, Drug Recognition Experts and Accident Reconstructionist) and those officers or units subject to call outs as deemed necessary by the Chief of Police.”

 

City Managers response:

 

The City Manager does not support this request at this time.  Those Officers and Sergeants assigned to the criminal investigations division receive stand by pay. Adding the additional units, such as K-9, SWAT, etc. would have a financial impact on the Police Department budget.

 

This item is not included in the proposed FY18/19 MOU.

 

Compensatory Time

 

Association:  The Association requested the following language be added to the FY18/19 MOU:

 

“Employees may accrue a maximum of eight (80) hours, at any point, during each fiscal year, July 1 – June 30.  Any remaining accrued, unused compensatory time will be paid out on the last pay date in June of each year.

 

City Manager’s response:

The City Manager does not support this request.  Current policy allows sworn police personnel to accrue a maximum of forty-eight (48) hours of compensatory time per fiscal year. Unused compensatory time is cashed out on the last paycheck of each fiscal year.  Increasing the number of compensatory hours can create a scheduling and overtime burden to the department.

This item is not included in the proposed FY18/19 MOU.

 

Sick Leave Sell Back

 

Association:  The Association request the following language be included in the FY18/19 MOU:

 

“Sick Leave Sell Back – Upon retirement, the accrued sick leave of a represented employee with ten or more years of continuous City of Buckeye service, shall be paid to the employee based on fifty percent (50%) of the employee’s hourly wage.”

 

City Manager’s response:

 

The City Manager does not support this request.  Sick leave is not paid out to any employee upon separation or retirement.  Paying out sick leave, over the amount permitted in the personnel policy – Attendance Incentive Program, creates an unfunded liability for the city.  The Attendance Incentive Program allows employees to cash out up to 80 hours of accrued, unused sick leave annually.  These sick leave hours are paid to the employee at one half their current hourly rate of pay.  This program is subject to the financial conditions of the city, and the fiscal impact of the program can be determined annually.

 

This item is not included in the proposed FY18/19 MOU.

 



BENEFITS:
The successful conclusion of the Meet and Confer process with the approval of the Memorandum of Understanding continue the foundational agreement previously adopted by Council and incorporates the new item(s) agreed upon during this year's process.  The Meeting and Confer process continues to facilitate open and ongoing dialogue between the City Manager and the Association.


FUTURE ACTION: Council and staff; does this need to be communicated internally/externally?
Implementation and/or continuation of items contained in the FY18/19 MOU effective July 1, 2018.


FINANCIAL IMPACT STATEMENT: Must be completed before submission
Providing a 3% Field Training Officer (FTO) increase to Sergeants base pay when they are assigned to a field training position will have a minimal financial impact, which will be absorbed in the departments FY18/19 budget.  


Items related to a project or facility location must include an attached vicinity map for Council review.
ATTACHMENTS:
Description
Police MOU - Attachment A
Buckeye Police Association Comments - Attachment B