Loading...
MINUTES - Executive - 7/6/2009 CITY OF SALEM JULY 6, 2009 EXECUTIVE SESSION A Special Meeting of the City Council was held in the Council Chamber on Monday, July 6, 2009 at 7:00 P.M. for the purpose of transacting any and all business, at which time, the City Council, by recorded roll call vote, went into Executive Session with the Mayor and City Solicitor for the purpose of discussing issues relative to the Quinn Bill for the Police Department and collective bargaining and litigation. Notice of this meeting was posted on July 2, 2009 at 11:58 A.M. Councillors Sosnowski, Sargent, Ryan and O’Keefe were recorded as absent. Council President Paul C. Prevey presided. Councillor Veno moved that the City Council adjourn to the Council Anteroom to hold an Executive Session, and at the end of the Executive Session, the special meeting will continue. Adopted by a roll call vote of 7 yeas, 0 nays, 4 absent. Councillors Veno, Pinto, Pelletier, McCarthy, Lovely, Furey and Prevey were recorded as voting in the affirmative. Councillors Sosnowski, Sargent, Ryan and O’Keefe were recorded as absent. Councillor Veno asked what is legal and pertinent. Solicitor Elizabeth Rennard explained what is in the contract and what is in the Quinn Bill according to Massachusetts General Law which was accepted by the City years ago. This Bill was incentive to have a more educated police force. The Bill say’s what per degree earned you pay. The city pays a portion and the state pay the other portion. The state is not funding their share. The City is now responsible to fund it 100%. Our concern is that the state is not upholding their end. Currently there is no contract with the police. We are in negotiations with them on how to fund the Quinn Bill. Mayor Driscoll stated this is a reimbursement program. We are out already. We are not being reimbursed by the State. This is a lousy situation, case law is clear. We can’t repeal the statute. We pay half and the State pays half. We agreed to pay only 50% but we are still responsible for 100%. It’s not discretionary. In the last 48 hours we geared up to cut payroll or pay it. There’s a process, the Union doesn’t like the insurance. We may get the award to pay 2% and they will have to take the insurance. We are getting dangerously low in our reserves. We all realize we don’t like the situation. It’s a lot of their pay, some is as high as 25% of their pay. We talked about cutting stipends. The HMO plus plan a number of employees are on this new plan. If the police don’t take defibrillator pay we won’t have to have a layoff. We sent a letter to the Police Union. If we go to court we will be on the hook for this. I’m hopeful they will be helpful. Councillor Veno stated that the Police hold a lot of cards. 2 CITY OF SALEM JULY 6, 2009 EXECUTIVE SESSION Mayor Driscoll stated yes and no, we are for the Quinn Bill but not the stipends. Contractual awards can be and have been denied in the past. When you don’t settle a contract you run the risk of the financial forecast changing. The economy soured. Councillor Pinto asked regarding arbitration, does any of it have to do with insurance. Mayor Driscoll responded yes. They don’t want to make the insurance change. Councillor Pinto asked, what do you think our chances are. Mayor Driscoll stated they will decide the contractual. We gave a 2% raise and I think it will be the same. Councillor Veno stated that a supplemental appropriation would fund the Quinn Bill. Mayor Driscoll responded it’s a gap of $145,000. Councillor Veno stated that the contract is second, what’s before us is fixing the Fiscal Year 2010 Budget. Mayor Driscoll stated yes, eventually we will run out of money. Councillor McCarthy asked what’s before us is the $125,000 to put towards the Quinn Bill. Can we debate this tonight? Mayor Driscoll responded the quandary is coming up with the $145,000. Case law states we have to fund it so what’s going to happen is layoffs. The Superior Officers have a contract but the Patrolmen don’t. Councillor McCarthy asked if we try to figure this out will they try to figure out by tonight how to arbitrate. Mayor Driscoll stated the subject is to fund by the Council. Councillor Lovely asked have we been without a contract for three years. Mayor Driscoll responded yes. Councillor Lovely asked if the Superior Officers was settled a year ago. Mayor Driscoll responded yes. CITY OF SALEM 3 JULY 6, 2009 EXECUTIVE SESSION Councillor Lovely stated it is unfortunate that the State left Cities and Towns with no options. It’s not our role to pressure the police to take the insurance. It’s the administrations role, the Appropriation yes but contractual no. Mayor Driscoll stated her concern is this only leaves layoff option if we don’t get the co-operation from the police. Councillor Prevey stated he will submit a resolution to try to get the Police to take the insurance. Councillor Lovely stated she cannot support this. Mayor Driscoll responded I don’t care how they (police) get there to raise the $100,000. They prefer to layoff. Councillor Lovely stated we don’t appropriate unless it’s before us, this is contractual. Councillor Veno stated this is not quite as simple, we did weigh in on contractual in the Chamber regarding the Fire Department. Councillor Lovely stated we supported them not to take away, this is different. Councillor Veno agreed but this is the other side of the issue. We need to help arrive at a solution. Councillor Lovely asked does this body have to do this now. Mayor Driscoll stated we need to fund the Quinn Bill, our lawyer advised us, we are on the hook for 100%. We can take it from the reserves or layoff or get the union to work with us with a wage freeze, insurance or stipends. Next year could be worse. I would like to not layoff personnel. It’s not my role to tell them what to do. They know their contract. Councillor Lovely asked if this year we come up with a solution but what happens next year. Mayor Driscoll stated we will have to negotiate this one before next year. They see themselves as screwed. Councillor Lovely stated it is not the City it’s the State. Councillor Furey stated layoffs should not be an option. We just hired Hispanic officers. I would hate to loose them. Public Safety is an issue. 4 CITY OF SALEM JULY 6, 2009 EXECUTIVE SESSION Councillor Lovely asked we can’t make them do a lot of things. Where is our leverage. Mayor Driscoll stated they will be back before you for more money, you as a council can say no when we are laying-off. I’m trying to help them, we don’t have the money. Councillor Pelletier stated there is 1.3 million in the stabilization account. The total is $700,000 for the City it’s a 50 – 50 split. How long will it last. There is only $200,000 in Free Cash. How many are on the Quinn Bill? Mayor Driscoll responded everyone but two officers. Any new hires cannot get the Quinn Bill benefits per the State. This has been a heated debate in the State House. The Quinn Bill was funded for the State Police only. Councillor Pelletier asked can we get a number on the Quinn Bill they will be back in three months with the JLMC. My problem is that the State puts us in a bad predicament. I agree with the Mayor, we don’t need to cut the force. Councillor Veno responded that he agreed with Councillor Pelletier. There is no good way out. It’s hard to be supportive of a layoff. Our role is quite limited. Our leverage is the contract coming down the road. Councillor McCarthy agreed, there’s no way we can layoff. He questioned the appropriation of $125,000 then another $145,000, then an additional $250,000 if the JLMC gives them the 2% raise. Can the Police Chief still layoff? Mayor Driscoll responded no, the subject is to appropriate the money, her concern is we aren’t a blank check. Twenty percent of a base pay is a significant number. We have bus drivers who gave up money to avoid a layoff. Councillor Pelletier asked what is the number 10-20-30% based on base pay. Mayor Driscoll stated it’s a level on their base pay. Councillor Lovely asked when we go out there we can’t ask about the insurance, my question is what can you bring out there. Councillor Prevey stated the resolution is to look to change or not accept. Councillor Veno stated he hoped we have this in front of us and see how this goes. CITY OF SALEM 5 JULY 6, 2009 EXECUTIVE SESSION Mayor Driscoll stated we’re not trying to brow beat. We can’t in good conscience tell you to fund the total that’s needed. Councillor Veno stated there are two options, either layoffs or them coming up with the portion of the $145,000. Mayor Driscoll responded the Insurance HMO could save $90 - $100,000. They need to meet us half way. Councillor Lovely stated the last paragraph of the Resolution Health Care is mentioned. I don’t want this to fall on the Mayor and the Council. Mayor Driscoll responded this is due to the State. If the Union can come up with the $100,000 we will find the rest. They haven’t come up with it yet, they need to meet us half way. Councillor Lovely stated I don’t want their contract as leverage Mayor Driscoll stated that she will share with Council unless they don’t work with us. Do you think it’s fair they haven’t come up with anything. Councillor Lovely responded, no it’s not a bargaining chip. These issues are separate, they are bargaining in good faith. I don’t think we should use it as leverage. Mayor Driscoll responded it’s not part of the Resolution. Fund the appropriation or not. Councillor Lovely asked do we want them to know that we will hold up the money. Mayor Driscoll responded no just let them know we don’t have the money. Councillor Pinto asked the Insurance what’s the issue, how can it be the same. Mayor Driscoll stated the co-pays are higher and prescriptions are higher. Physicians are the same. Councillor Lovely stated this makes no sense. Solicitor Elizabeth Rennard stated they are opposed to health insurance. Mayor Driscoll stated she asked for them to not take the stipend. 6 CITY OF SALEM JULY 6, 2009 EXECUTIVE SESSION Councillor McCarthy stated the consensus is that everyone is in agreement that we have to fund the Quinn Bill. We will have to answer to the public. Like everyone else we have to do more with less. The City went in with the State and the State reneged, we want to pay. No one said give money and don’t ask for anything. No one wants layoffs. With the Resolution they have to know we want to play ball. Councillor Veno stated we need to be clear on the numbers, they have to go back or 3-4 officers will be laid off. We added four recently, we lost two in retirement so we are still up two. Mayor Driscoll responded they are down 14. There and public works are down. Councillor Veno stated this digs the hole deeper. Mayor Driscoll stated when they came to work for the City they left a job to be trained and if they get laid off there are no jobs out there. They would be on the recall list but there are 300 on that list. We have a partnership and the State bailed. We don’t have the money. No one likes this. Councillor Lovely asked if they don’t budge, how will can this be resolved. Mayor Driscoll responded we’re not giving up. We don’t want them out of pay. Councillor Lovely stated that regarding the Resolution, take out the last 3 lines and replace with the word willingness. Councillor McCarthy asked about the $500.00 for weapons pay. Mayor Driscoll stated that this was negotiated before anyone of us arrived. Councillor McCarthy asked if they get $500 for the bike patrol. Do they get it for different ones? Mayor Driscoll responded yes. Councillor Veno asked what the Council should avoid. Solicitor Rennard stated the appropriation is the Council’s job and to see if we can afford it. No one wants to see layoffs. Mayor Driscoll asked that the council do not mention we are on the hook for the Quinn Bill. CITY OF SALEM 7 JULY 6, 2009 EXECUTIVE SESSION Councillor Pinto asked regarding the Resolution is this going to come into play? Are we going to vote on it tonight? Councillor Prevey stated yes, we can fine tune the language. Councillor Pinto stated that he hoped the consensus is there. We are in a pickle. Mayor Driscoll stated we need their (police unions) help. Councillor Pelletier asked if $125,000 is partial payment, where will you get the balance. Mayor Driscoll stated she hoped the Police Department will pick up the other third. Councillor Furey asked do we speak on behalf of the police or will the police speak. Solicitor Rennard stated the Patrolmen Union’s Attorney is here. On the motion of Councillor Pinto the Executive Session adjourned and the Special Meeting continued by a roll call vote of 7 yeas, 0 nays, 4 absent. Councillors Veno, Pinto, Pelletier, McCarthy, Lovely, Furey and Prevey were recorded as voting in the affirmative. Councillors Sosnoski, Sargent, Ryan and O’Keefe were recorded as absent. ATTEST: CHERYL A. LAPOINTE CITY CLERK 8 CITY OF SALEM JULY 6, 2009 EXECUTIVE SESSION A Special Meeting of the City Council was held in the Council Chamber on Monday, July 6, 2009 at 7:00 P.M. for the purpose of transacting any and all business, at which time, the City Council, by recorded roll call vote, went into Executive Session with the Mayor and City Solicitor for the purpose of discussing issues relative to the Quinn Bill for the Police Department and collective bargaining and litigation. Notice of this meeting was posted on July 2, 2009 at 11:58 A.M. See canister in vault for minutes of Executive Session. Minutes cannot be released without approval from City of Salem Legal Department. ATTEST: CHERYL A. LAPOINTE CITY CLERK