ORDINANCE No. * Ratify a successor Labor Agreement with Portland Police Association for terms and conditions of ernplo5rment of represented employees in the bargaining unit (Ordinance)
The City of Portland ordains:
Section i. The Council finds:
Representatives of the City and Portland Police Association have signed a Tentative Agreement, Exhibit A attached, that outlines the terms and conditions of employment for cerlain represented ernployees for the period of July l, 2010 through June 30, 2013. The ag'eernent meets the City's bargaining intelests by securing a three-year successor labor ageement and agreeing to wage increases, health benefits, and other terms and conditions of employnent. The agreement meets the City's bargaining interests by rnaintaining the July 1 ,2009 - June 30, 2010 wage rates fbr the period of July 1,2010 through June 30, 20ll .
The agreement continues to apply the principles of total compensation as the basis fbr bargaining all monetary subjects and ties total compensation to the Portland Consumer Price Index General Wage (CPI-W). General wage increases in the second and third years of the labor agreement will continue to be tied to the Portland CPI-W. The tenns and conditions shall be reduced to a labor agreement which the Mayor and Auditor should be authorized to execute.
NOW, THEREFORE, the Council directs:
The Mayor and Auditor are authorized to execute a labor agreement between the City and Portland Police Association relating to terms and conditions of employrnent of ceftain represented ernployees in the Porlland Police Association bargaining unit. Said contract to confonn to the provisions in the Tentative Agreement attached to this Ordinance rnarked Exhibit A. This ordinance is a binding City policy.
Section 2. The Council declares that an emergency exists in order to avoid an unnecessary delay in the orderly implernentation of the provisions of the labor agreement; therefore, this ordinance shall be in full force and effect fi'om after its passage by the Council.
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Passed by the Council:
Commissioner Mayor Sarn Adams Offrce of Management and Finance Prepared by: Yvonne L. Deckard:jpg Date Prepared: January 19,2011
LaVonne Griffin-Valade Auditor of the City of Portland By
Deputy
Preamble. Term of CBA: Three years, 711110 - 6130113
Art. 15 - Policies and Procedures and Other, Orders. Broaden to include BHR; require minimum of 15 days notice of BHR rule changes prior to implementation, with an exception for emergencies.
Art. 17 - Manual of Rules and Procedures and Contract. Provide PPA with access currently extended to sworn officers to specific list of electronic systems, at cost
Ar1.21- Discharge & Demotion. City may restrict or suspend police powers during pendency of investigation, imposition of discipline, or clearance in medical or psychological fitness exam, and such act does not constitute discipline. Unless placed on unpaid leave, employee to maintain pay rate and premiums from assignment prior to restricted duty.
Art. 23 - Seniority. Addresses the amount of vacation an employee can schedule in the vacation sign-up process, and exempts certain overtime assignments from equalization.
Art. 26 - Sick Leave. Clarifies that Unused Sick Leave Upon Retirement provision applies to FPD&R Tier 1 & 2 and FPD&R Tier 3/PERS-OPSRP, and does not apply to PERS Tier 1 & 2.
Att.27 - Pregnancy, Parental and Family Leaveo Limits intermittent use of parental leave to RU manager approval (PPA to dismiss grievance)
Art. 37 - Work Assignments in Higher Classification. lncorporates LOA providing that for assignments of 60 continuous days or more, paid leave will be at out-of-class rateo Adds detective supervising detectives or criminalists in lnvestigations and Forensic Evidence divisions to assignments receiving premium
F.lt.42 - Education Reimbursement Programo lncrease maximum number of credits per year from g to 13.5o Establishes a specified pool of Education Reimbursement dollars of $18,000 based on current average annual spending, officers paid pro rata if submissions exceed pool. Education premium 2%Top Step Police Officer for officer holding Bachelor's Degree, effective 111113
Art. 43 - Overtime¡ Compensatory Time Off restrictions:o Absolute discretion to grant, deny or cancel when requested 30 days or less in advanceo ldentifies four factors for grant, denial or cancellation when requested more than 30 days in advance (impact on desired staffing levels, whether will require backfill Mofficer on overtime, special event/incident needs, and holidays), and sets standard of review as "abuse of discretion"o PPA to dismiss grievance
. On-Call includes availability premium and hourly pay for time on the phone (settles two PPA grievances)
Att.47 - Holiday Compensation. Officer's election of either pay or holiday comp timeo Provision of an additional floating holiday
Art. 53 - Funeral Expenses. lncreases allowance from $5,000 to $12,000
Art. 55 - Shift & Alternative Shift Scheduleso For night shift, holiday to be observed the day before the rest of the City (SAP allocation- of-day fix; PPA to dismiss two grievances). Establishes Shift Differential of 2o/o for Night Shift and 1o/o for Afternoon Shift, effective @ ratification
Art. 57 - Extra Employment. Special Duty compensated in pay only (not Comp Time Off); includes settlement of grievances
Art. 61 - Bill of Rightso PPA acceptance of all adopted Police Review Board changes, with the following express provisions: o Right to attend & be representedo Right to make a presentationo Right to submit documentary and other non-testimonial evidenceo PPA only excluded from Executive Session if advisory lAD, Detectives, and Training
personnel likewise excludedo Joint statement to arbitrator concerning PRB processo PPA to dismiss grievance. Drug Testing Policy revised to include random drug testing
Art. 62 - lndependent Police Review. PPA acceptance of adopted IPR revisions in reform ordinance, with the following reservation:o Despite ordinance limitation on subpoena of sworn members, PPA required express
provision that it does not waive its or its members' right to challenge legality of subpoena provision
Art. 65 - Recruitment and Retention lncentiveso lncorporates LoA correcting VEBA contribution. Creates Health & Fitness premium of 1o/o Top Step Police Officer, effective 711t11
Art. 67 - Canine Handler. Clarifies pay rates and form of compensation; PPA to dismiss grievance
Schedule Ao No COLA increase for 2010-2011; COLA increase of PDX CPI-W, 1% min. - 57o max., for 2011-2012 and 2012-2013. Schedule adjustment of 2o/o, effective 711111, for PPA concessions on Comp Time Off
City of Portland Bureau of
Human Knowledgeable
Yvonne L. Deckard, Director 1120 SV/ 5th Ave., Rm. 404
Portland, Oregon 97204-1912 (s03) 823-3s72
Fax (503) 823-41s6
Office of Management and Finance Kenneth L. Rust. Chief Administrative Officer
FOR MAYOR'S OFFICE USE ONLY
Reviewed by Bureau Liaison
FROM: Yvonne L. Deckard, Human Resources Director
RE: ORDINANCE TITLE : * Ratify a successor Labor Agreement between the City of Portland and Portland Police Association relating to terms and conditions of employment of represented employees in the Portland Police Association bargaining unit. (Ordinance)
l.INTENDED THURSDAY FILING DATE: January 26,20tt 2. REQUESTED COUNCIL AGENDA DATE: February 2,2011, 10:00 AM Time Certain 3. CONTACT NAME & NUMBER: Steve E. Herron, 503-823-3524 4. PLACE ON:
-CONSENT X REGULAR
5. BUDGET IMPACT STATEMENT ATTACHED: X Y N N/A BY CITY ATTORNEY6. (3) ORTGTNAL COPTES OF CONTRACTS APPROVED AS TO FORM
ATTACHED: Yes No X N/A
7. BACKGROUND/ANALYSIS Pursuant to its obligations under ORS 243.650 et. seq. the City entered into labor contract negotiations with Portland Police Association (PPA). If ratified, this Tentative Agreement will establish the terms and conditions for a labor Agreement for the period July l, 201 0 through June 30,2013.
8. FINANCIAL IMPACT The following estimates of costs for the PPA contract are based on 914 FTE and the adjustment to their base rate of pay for PPA members. These costs do not include potential overtime costs PPA members may earn. The PPA contract costs estimates are as follows:
FY l0-l I $156,677 FY I l-12 92,209,909 FY 12-13 52.649.167 Total $5,015,752
It should be noted that BHR considers overtime an operational issue. With contract changes to Article 43.2.2 (comp-time) Police Bureau management (PPB) now has the ability to reduce overtime cost. PPB has reported that officers' use of comp-time substantially increases overtime costs. For example, when an offrcer is awarded comp-time but must be backfilled with an officer on overtime the cost of the absence compounds exponentially. BHR has negotiated provisions allowing PPB latitude for denying or canceling comp-time when it results in a need to backfill. This should result in a dramatic reduction of overtime costs.
9. RECOMMENDATION/ACTION REOUESTED I recommend that the Mayor and City Council ratifo this Letter of Agreement.
Sam Adams, Mayor We are an equal opportunity employer
Please notify the City of Portland of the need for ADA accommodations no less than five (5) days prior to any City-sponsored event by contact¡ng the Bureau of Human Resources at 503-823-3572 or the City's TTY at 503-823-6868.
City of Portland, Oregon
to l'rnancial Planning Division. Retainlver I . Name of Initiator
Yvonne L. Deckard (JG) 2. Telephone No.
(s03) 823-4170 3. Bureau/Oflìce/Dept.
Bureau of Human Resources
January 26,2011 4b. Calendar (Check One)
Regular Consent 4/5ths EtrX
January 19,20ll
1) Leeislation Title:
* Ratify a successor Labor Agreement between the City of Portland and Portland Police Association relating to terms and conditions of employment of represented employees in the Portland Police Association bargaining unit. (Ordinance)
2) Purpose of the Pronosed Lesislation:
Authorizes the Mayor and Auditor to execute a Labor Agreement between the City and Portland Police Association relating to terms and conditions of employment of represented employees in the Porlland Police Association bargaining unit.
3) Rcvenue: Will this legislation generate or reduce current or future revenue coming to the City? If so, by how much? If new revenue is generated please identify the source.
No.
4) Expense: What are the costs to the City as a result of this legislation? What is the source of funding for the expense? (Please include cosls in the cunenl fiscal year as well as cosls in future years) (If the action is related to a grant or contract please include the local contribution or match required)
The following estitnates of costs for the Portland Police Association (PPA) contract are based on 914 FTE and the adjustment to their base rate of pay for PPA members. These costs do not include potential overtime costs PPA members may earn. The PPA contract costs estimates are as follows:
FY t0-l I $156,677 FY 11-12 52,209,909 FY 12-13 52.649^167 Total $5,015,752
It should be noted that BHR considers overtime an operational issue. With contract changes to Article 43.2.2 (comp- time), Police Bureau management (PPB) now has the ability to reduce oveftime cost. PPB has repofted that officers' use of comp-tirne substantially increases overtime costs. For example, when an officer is awarded comp-time but must be backfilled with an officer on overtime the cost of the absence compounds exponentially. BHR has negotiated provisions allowing PPB latitude for denying or canceling comp-time when it results in a need to backfill. This should result in a dralnatic reduction of oveftime costs.
Staffins Req uirements: 5) Will any positions be created, eliminated or re-classified in the current year as a result of this legistation? (.I/ new positions are created please include whether they will bè part-time, full-time, limited term or permqnent positions. If the position is limited term please indicate the end of the term.)
No.
6) Will positions be created or eliminated infuture years as a result of this legislation?
No.
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