HomeMy WebLinkAboutSPCC Minutes 1994-09-07SRCC MINUTES (Special) 9/7/94 Page
I
IN COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, WEDNESDAY, SEPTEMBER 7, 1994, AT 5:00 PM
Special Meeting: Present:
San Rafael City Council
David J.
Also Present: Suzanne Golt, Assistant City Manager
Jeanne M. Leoncini, City Clerk
Albert J. Boro, Mayor
Paul M. Cohen, Councilmember
Barbara Heller, Councilmember
Joan Thayer, Councilmember
Zappetini, Councilmember
I.OPEN SESSION TO DISCUSS M.O.U. NEGOTIATIONS IMPASSE BETWEEN THE CITY OF SAN RAFAEL AND
THE SAN RAFAEL FIREFIGHTERS' ASSOCIATION - File 7-8-2 x 9-3-31
Mayor Boro explained that tonight's meeting was a beginning in the negotiations impasse
between the Firefighters' Association of San Rafael (FFA) and the City of San Rafael.
The purpose is to hear from the Firefighters on the issues they wish to present and
for the Council to ask questions. When the Firefighters' presentation is completed,
the City's Chief Negotiator, Suzanne Golt, will present the City's position after
which the Firefighters may ask questions. Following that, the public may speak.
Bob Roberts, Labor Negotiator for the Firefighters, stated he was a retired profes-sional
firefighter of 26 years, contract negotiator for 25 years, and for the past eight
months has been the labor representative for the San Rafael Firefighters. He
provided the Council with an information packet giving full and detailed information
of the Firefighters' position. Mr. Roberts stated the FFA really wants a contract
that will be good for both parties.
Christopher Desmond, President, San Rafael Firefighters' Association, indicated he has
been a Firefighter and Paramedic for fifteen years. He stated that for the past 2-
1/2 years, the Firefighters have worked diligently to find agreement with City staff
on a contract, noting there are still three outstanding issues that separate the two
groups - salary, guaranteed minimum standards for the promotional process and the
urgent need to establish a second paramedic unit in Terra Linda. Mr. Desmond stated
the one thing that unites all three of these issues is that if they are not resolved
quickly and fairly, San Rafael's high standards of safety may begin to deteriorate.
Mr. Desmond first addressed the issue of compensation, noting that ten years ago, the
Firefighters of San Rafael set the standard for compensation among the neighboring
communities. He stated at that time, Councilmembers recognized that there were
special challenges to being a Firefighter in San Rafael because San Rafael has the
largest and most diverse population to protect from an emergency medical standpoint,
the largest residential, commercial and industrial fire protection challenges and the
highest emergency call volume of any town in Marin County. In 1984, six years after
Proposition 13 hit local programs, San Rafael still held to the position that law
enforcement, emergency medical care and fire safety were the community's top priori-
ties. Mr. Desmond stated that today, the City's priorities must have changed because
the Firefighters and Paramedics are last in compensation when compared with neighbor-
ing communities. Mr. Desmond referred to a survey conducted by the Marin Independent
Journal, a copy of which was in the packet as Exhibit C. In a different survey, one
using the same cities used by San Rafael to justify pay raises for management, it was
found that San Rafael Firefighters are far behind those of the other communities.
The San Rafael Firefighters and Paramedics currently receive a salary that is 23%
lower than the average salary package received by Firefighters and Paramedics in the
surveyed communities. He noted we are 45% below the highest paid community in the
surveyed cities. Mr. Desmond stated he realized this disparity cannot be made up
overnight. However, he felt the City's last contract offer makes no real progress
and would still leave Firefighters far behind the average of other communities, a
fact, he stated, that has been admitted to by the City's negotiator at the bargaining
table. They would like their compensation raised to the average in other communities,
but they do not expect to make up for years of neglect in this year's contract. Mr.
Desmond pointed out that there has been no pay raise in three years, the last one
being in July, 1991 in the amount of 1%.
Mr. Desmond stated the Firefighters are requesting a raise this year that would keep them
from falling even further behind and would only be a first step to eventually paying
the Firefighters a decent wage and to retain the high quality personnel we have and
to attract the best new recruits. Mr. Desmond pointed out that this dispute should
not be characterized as a dispute over a couple of percent here and there, but it is
a much deeper issue. He explained that in the Police Department there is a real
crisis, and as of a couple of months ago an average of one police employee has left
each week. He asked how can new recruits be attracted with the current pay scale?
He stated the Fire Department has not had that great of a turnover because the Police
SRCC MINUTES (Special) 9/7/94 Page
1
2
SRCC MINUTES (Special) 9/7/94 Page
can lateral transfer and easily move from job to job; however, the Fire-fighters
cannot. Mr. Desmond noted that last week a Paramedic was lost to another community,
and quality people cannot be hired with the current wages. The people we get are
those who cannot find a job anywhere else.
The second issue discussed by Mr. Desmond was for guaranteed minimum standards for
promotion to the rank of Chief Officer. He stated that a person with little or no
firefighting experience could be promoted to a Chief Officer position under the
current system. The Chief Officer who makes the life and death command decisions at
the scene of a fire or public safety emergency must be battle hardened. He stated
that being a commander at an emergency is no place for on-the-job training. The
Chief Officer is responsible for the safety of every Firefighter, Paramedic and
citizen at the scene of an emergency. On this issue, the FFA proposes that to be
eligible to be promoted to the rank of Chief Officer, in addition to the current
requirements, an individual should have at least five years of experience as a Fire
Line Captain. This minimum standard would insure that Chief Officers are experienced
and capable of protecting families, homes and businesses of San Rafael. Most impor-
tant of all, the proposal of minimum fire line experience reduces the risk of a life
or death mistake made by a Chief Officer who lacks the necessary experience. Mr.
Desmond implored the Council to make public safety the highest priority by adopting
these minimal promotional standards.
Mr. Desmond stated that the final sticking point in negotiations is the establishment of a
second paramedic unit in Terra Linda. He stated this should not even be on the table
and indicated that the establishment of a second unit was proposed by City staff, and
the FFA voted overwhelmingly in March of 1994 in favor of the unit and signed a
written agreement with the City. Mr. Desmond stated that in June, Chief Marcucci
informed the FFA, at the direction of the City Manager, that he was revoking the
proposal for the new paramedic unit for Terra Linda Valley. He indicated instead he
had developed an alternative proposal. The FFA told the City they would eagerly
consider any proposal that would increase paramedic service in the Terra Linda Valley
and Marinwood. After several weeks without seeing any written proposal on this urgent
matter, the FFA notified the Personnel Director that any proposals for a Terra Linda
Valley paramedic unit would have to be a part of the contract talks. The purpose for
this was to get this issue out in the open and guarantee through longstanding bar-
gaining and mediation rules that the Terra Linda Valley and Marinwood would get the
paramedic service they need.
In closing, Mr. Desmond asked the City Council to take the following steps:
1. Make public safety as it once was, the top priority in San Rafael.
2. Insure that we have battle -tested, experienced Chief Officers on the fire line,
setting a minimum standard of experience for the job.
3. Approve a second paramedic unit for the Terra Linda Valley without delay.
Mr. Desmond thanked all the San Rafael citizens attending tonight's meeting in support of
the Firefighters and Paramedics.
Suzanne Golt, San Rafael Chief Negotiator, stated that the City negotiating team is
operating under the Council's authority. Ms. Golt pointed out that while Mr. Desmond
brought forth three issues, there are, in fact, 11 items listed in the FFA's Last
Best Proposal. However, she would speak to those three items at this time.
Regarding salary, the City negotiating team concurs that the Firefighters have fallen
behind. Ms. Golt stated a comprehensive salary survey for San Rafael has not been
done for a number of years, but she believed the information presented tonight is an
accurate representation. The City wants to move forward to rectify this situation.
Ms. Golt stated that the FFA has presented a two-year package to end in June 1995,
which totals an 8% increase. The City's proposal is also for a two-year package, but
to end June, 1996 totaling approximately 7%. The difference in the timing is a major
significant difference that needs to be resolved. Referring to Mr. Desmond's state-
ment that Police employees are leaving on the average of once a week and the ease by
which they may move from agency to agency, Ms. Golt stated it is not that easy
because the lateral transfer process includes very stringent requirements.
Ms. Golt stated that the topic of guaranteed minimum standards for the promotional process
has been a big topic at the bargaining table. The City's perception is that the FFA
has simplified their position by talking only about Division Chief levels. She noted
that the promotional dispute is more complex than that. The FFA would like to have a
more direct role in the promotional process for a number of classifications including
Fire Engineer, Fire Captain, Fire Prevention Inspector, and Deputy Fire Marshal. The
SRCC MINUTES (Special) 9/7/94 Page
2
3
SRCC MINUTES (Special) 9/7/94 Page
City has made several concessions, particularly to Fire Engineer and Fire Captain
which represent the majority of their promotional opportunities. Ms. Golt stated the
sticking point is in relation to positions that are not represented by the FFA,
including Fire Training Officer, Fire Marshal, Division Chief and Fire Chief. She
noted the FFA indicated in discussions they were interested in only up to the
Division Chief level. However, Ms. Golt pointed out that these are classifica-tions
which are not in their bargaining unit, and the City's position has been that because
the FFA does not represent them, they have no direct role in the promotional process.
Ms. Golt stated that there has not been lengthy discussion regarding the five-year
experience proposed by the FFA, and she believes they are proposing five years of San
Rafael experience and would not find it acceptable to have experience from another
agency. Ms. Golt stated this subject is not just limited to the Division Chief
issue, but there are a number of issues that are being discussed.
Ms. Golt stated she agreed with Mr. Desmond that the issue of a second paramedic unit
should not be on the table, but for different reasons. Her reasons were that the
City and FFA negotiated a side letter agreement that set forth the conditions that
would allow an expansion of a paramedic program and the closure of a fire station.
This agreement was approved by the FFA in March, 1994, and there was nothing in the
side letter that set forth an expiration date. Ms. Golt stated there is no question
that the Marinwood deal has been an "iffy" proposition, but the City has continued to
pursue and negotiate with Marinwood. Ms. Golt stated the Marinwood deal is now going
through; the deal has been presented to the Marinwood Board, the conditions are
acceptable to both the Board and the City and are those conditions which were in the
March, 1994 side letter. This is now not an impasse issue.
Ms. Golt summarized some of the other issues that were included in the impasse decla-
ration and pointed out that there are tentative agreements on some of the 11 items in
dispute. She stated the FFA wants to have third party billing become a tool to allow
us to increase salaries, but Ms. Golt stated that they are still discussing this
area. The City is not opposed to exploring that, but it is a new program that is
just getting off the ground.
Ms. Golt stated another issue brought forth by the FFA relates to the Dispatchers and
their sleep/meal time relating to the Fair Labor Standards Act. The City has not
raised any objections to this proposal.
Ms. Golt noted the Personnel Rules and Regulations have changed many times over the past
several years. There have been extensive negotiations with the various employee
groups, and the City wants the FFA to adopt the revised Rules and Regulations with an
M.O.U. The FFA wants additional meet and confer sessions on the Rules. Ms. Golt
stated she did not know if this is a major issue with the FFA, but from the City's
standpoint, they feel there has been sufficient negotiation regarding the revisions.
She indicated that the City is open to having discussions at the table, but so far
the FFA has not taken them up on that and there have been no discussions on Personnel
Rules.
Ms. Golt stated that the FFA indicated there have been continuous negotiations since May,
1993. However, she noted, negotiations have not been continuous. The current
negotiations began in October, 1993 after a break since May. There have been 17
meetings and many hours with the FFA. Ms. Golt stated she joined the City's team in
June, and has attended 6 meetings.
Ms. Golt pointed out that one year the Firefighters received a 2% increase which they took
in terms of 1% salary and 1% in benefits. There was no increase in 1993/94 and a
limited package is on the table now. She stated that the negotiations have been
carried on in a very professional manner, and the City's representatives are very
pleased with the process. The City's team is hoping that the impasse process will
lead to agreement.
Bob Roberts stated the three major items brought forth tonight would keep the FFA from
contract agreement and the remainder of items probably would not. Mr. Roberts
referred to the side letter previously mentioned which was signed by both the Fire
Chief and the FFA. He stated that Chief Marcucci called the FFA negotiations team
prior to July 1994, and specifically stated there were problems in Marinwood with the
added paramedic unit, and that it would not be accomplished. Mr. Roberts quoted
Chief Marcucci as saying "It is revoked, it is dead, it is off, it no longer exists".
The FFA at that time stated they would exercise their rights on the side letter of
July 1, which said they could run short staff among the companies for the purpose of
accomplishing the contract. Mr. Roberts stated that Chief Marcucci understood that
and said there would be another proposal, to which the FFA stated it should be on the
bargaining table.
SRCC MINUTES (Special) 9/7/94 Page
3
SRCC MINUTES (Special) 9/7/94 Page
4
Mr. Roberts stated the Rules and Regulations we are talking about are from 1956, and it is
long past due that they be revised. He noted it has been since 1979 that we have
been working on changes. The City's negotiating team put the Rules and Regula -tions
on the bargaining table, and the FFA disagreed because we already had a process for
that. Mr. Roberts stated the City said we had to meet and confer over the Rules and
Regulations. Mr. Roberts told the City team that since he had never been a part of
the Rules and Regulations discussions, he would need time to study the issues in
order to advise his client. He suggested a committee process or put this during the
term of the contract, since Rules and Regulations will not hold up the contract,
although there are some very definite problems with them.
Mayor Boro emphasized that the City supports the Fire Department and realizes how critical
it is to our city. He also pointed out that Ms. Golt's presentation and the City's
position reflect the direction given her by the Council in closed session.
Mayor Boro asked if anyone in the audience wished to speak.
Mark Cunningham asked the Council to focus on the priority of public safety, and the best
way to do that is to ensure quality people keep their jobs, are compensated,
encouraged and motivated to attract the best possible new recruits.
Jim Ellison, Executive Director of a small, non-profit organization in San Rafael, stated
he appreciates the difficulty in dealing with limited resources, but he thinks it is
important to prioritize. The issue tonight is safety and health, and he urged the
Council to resolve the issues quickly.
Joan Parr, retired employee of the City and County of San Francisco, and a member of the
Executive Board of a union for 14 years stated she has never heard of such
professional foot -dragging, and something should be done, even if it takes meeting
every night.
Mel Zell, 210 H Street, stated there is no reason for impasse given the leadership here
tonight, and asked that both sides get together so we do not lose our profes-sional
firemen and policemen.
James Brodsky, San Rafael citizen, stated he is greatly concerned, especially regard-ing
the salaries of the Firefighters. He indicated that over the last four years, they
have experienced what amounts to a 15-20% real pay decrease. The City's proposal to
give them a 7% increase over two years "barely stops the bleeding"; they deserve at
least what they are asking for if not more. He urged the Council to give them what
they deserve.
Roger Cole, 324 D Street, emphasized the importance of the Policemen and Firefighters
absolutely being taken care of. He stated he lost a house to a fire, and asked that
the issues tonight be taken care of soon.
Roderick Martinelli, native of San Rafael along with several generations, stated he was
shocked to hear the salary statistics. He considers San Rafael to be the leading
town in the County and urged the Council to settle the impasse. He wants to be
assured that there are competent safety personnel.
Kirby Overcash, representative of Autodesk working in regional sales operations and a
member of their Emergency Preparedness and Response Committee, stated the Council
represents the people of San Rafael, and it is hard to have confidence in the Council
due to their lagging response. He reminded the Council that they are not the City,
but representatives of the people, and strongly encouraged them to truly represent
the citizens by making a quick, realistic decision.
Kathleen Andrianos, Terra Linda resident, stated the speed of the Firemen is impor-tant,
and she wants professionals there. She stated she has worked for two years to help
pass the parcel tax to offset the cutbacks in education. She asked if she voted for
the taxes, would they be used to pay the basic bills such as the Police and Fire
Departments. She urged the Council to use the funds to pay for necessary services
first.
Theresa Cox, representing the Gerstle Park Neighborhood Association, stated they support
the Firefighters and are concerned that the Firefighters and Police Officers are paid
a competitive wage.
Bill Brooster, San Rafael resident, stated he hates to see the City become a training
ground as Firefighters leave for better paying jobs. He stated the start of the
contract should be when the old one ends, not after however long the negotiations can
be dragged out.
SRCC MINUTES (Special) 9/7/94 Page
4
SRCC MINUTES (Special) 9/7/94 Page
5
Dick Bruner, pastor of Christ Church in Marin, stated he is honored to have a number of
Firefighters in his congregation. He appealed to the Council as a pastor and
religious leader and for having the responsibility for the watch care of their souls.
He stated he works with them during their hour of need and struggle. He pointed out
what an expensive county this is to live in. He asked the Council not to lose
contact with the individuals who put their lives and families at risk while serving
this County.
Rich Fuquoa, recently moved back to San Rafael, has been in Fire Service for 14 years and
indicated at one time he was without a contract and took a 4.6% pay cut. He said his
attitude was poor, and he can guarantee that right now the morale in the Fire
Department is low, and the citizens of San Rafael should be worried that the Depart-
ment is not what it should be. He urged the Council to give the FFA what they want.
Mayor Boro stated that in fairness to the Firefighters and Chief Marcucci, that even if
there is an issue of morale in the Department, they are doing a very professional
job.
Ken Burkee, San Rafael resident and owner of three properties, stated that every incidence
he has had with the Fire or Police Departments has been wonderful. He stated this is
a wonderful community, and he wants it to stay that way. He said he was shocked at
the salary figures and how far they are behind. He believes there is a lot of
stonewalling on the part of the City, and the City negotiator does not even know the
comparative pay scale. He asked the negotiators to do their homework and strongly
asked the Council as elected officials to do something about this. He stated he
wants more protection, not less.
Gregory Geide, professional Firefighter for San Rafael since 1985, stated he received
another job offer after being here for three months, but was happy working with the
professionals here. He stated there are many items on the table that he can deal
with, however, the pay issue affects his family. He is looking for another job as
Fireman, although he does not want to leave. He stated that after nine years, he
should be studying for promotions, not for entry-level Firefighter jobs.
Martin Nye, from Glenwood, indicated his mother had a stroke two years ago and his father
had bypass surgery three years ago, and he does not want an inexperienced medic
coming to his house.
Ed Tarrant, builder in San Rafael for 30 years, stated often people move to San Rafael
because of the quality of education. He stated he understands budgetary restraints
but asked the Council to please find some way to meet the FFA's demands to keep our
public safety in tact and remain an issue of why people want to come to San Rafael.
Chuck Prandi, Marin County Sheriff, stated when a person wants to become a Fireman or
Policeman, he will not come to Marin County because surrounding Counties pay more,
and it is cheaper to live there. He sees the department deteriorating, and soon we
will not have the great Police or Fire Department we have now. Even though money is
tough, he urged the Council to consider the morale and the long-term range on what we
are going to get for the money we pay. We will end up getting people who are not
really qualified.
A women from the audience spoke in favor of the Fire Department. She stated that those
people on a personal budget, if they really want something, can somehow come up with
the money. She urged the Council to find some area to take from to pay the Fire
Department. She also reminded the Council that our Firefighters not only serve San
Rafael, but go to whatever City or State where they are needed. If they are going to
risk their lives on a daily basis, they should be compensated.
Scott Keller, San Rafael resident, stated the County taxes keep pace with the cost of
living, and we are not paying the Firemen their equal share from the taxes. He stated
they should at least keep pace with the cost of living.
Jim Coffey, Fire Captain of Station 7 and a member of the Fire Department for 24 years,
stated he has been President, Vice President and a Negotiator for 10 years and a
member of the Rules and Regulations Committee since 1974. He helped develop the
rough draft for the promotional qualifications, and as a supervisor, he is concerned
with morale. He stated that one of the things that annoys him here is comments by
City officials that they do not want to talk about promotional policies for everybody
because it is a management thing and some are not represented by the bargaining unit.
He stated that people who work here want to believe they can achieve and work to go
farther. They want to know there is a system in place that is fair and non -biased.
The way to do that is to have a minimum set of standards. Mr. Coffey stated this is
SRCC MINUTES (Special) 9/7/94 Page
5
SRCC MINUTES (Special) 9/7/94 Page
of major concern to the Firefighters and does not cost the City any money and would
probably even save money in future lawsuits for discrimination practices. He asked
why are we fighting over a non -cost item.
Karen Guy, native of San Rafael, who works for one of the world's largest engineering and
construction firms as a labor relations representative, stated she understands the
emotional issues of both parties. She stated she and her company would be out of a
job if there was not a positive labor-management cooperation atmosphere and if they
could not get things settled in a reasonable period of time.
Dan Martina, native of San Rafael and a Sonoma County Firefighter and Paramedic, stated
that compensation equals appreciation. He stated that judging from the mass exodus
of Police Officers leaving San Rafael, the City must be doing something wrong and it
needs to be fixed.
Alice Allair, 40 -year resident of Marin County, spoke in support of the Paramedics. She
stated they came to her house on two occasions, and she was very impressed by the
high degree of professionalism, sensitivity and skill.
Sean Pearson, Engineer with the San Rafael Fire Department for over 15 years read a letter
from Mr. & Mrs. Lawrence Clark of Esmeyer Drive who believe the current Fire-
fighter's salary is due to poor management and needs to be corrected. The letter
urged the Council to correct this adverse condition as soon as possible. Mr. Pearson
thanked the citizens of San Rafael for coming and showing concern for the Fire
Department.
Bob Roberts reminded the City that as of right now, the FFA is 23% down, and 1% over three
years is not enough. They are asking to get them started back towards the No. 1 spot
where they deserve to be. Mr. Roberts stated he does not believe that money is any
longer the issue because of information he received this afternoon regarding a $4
million reserve that was unexpected, which is over and above the 10% goal that the
City tried to obtain.
Mayor Boro pointed out that the Council was made aware of the latest increase in the
reserve last night, noting there is a 10% reserve goal, and the reserve goal on a
budget of $30 million is about $3 million. This particular amount of money totals
about $749,000 additional, so it pushes the reserve to about $4 million. Therefore,
we are not $4 million over our goal.
Mr. Roberts stated that is correct, the City has about $1.3 million according to the
figures from the Finance Director.
Mayor Boro stated that since this information was just received last night, it is
additional data for the Council to consider. He noted there are many issues in the
City to address, and they will have to look at it and find some balance.
Mr. Roberts stated he is amazed at the response of the support by the residents of San
Rafael, and thank God that we live in a country that says..."we the people", and we
the people have spoken tonight.
Ms. Golt stated she is impressed with the number of people attending tonight's meet-ing,
and again emphasized the cordial relationship between the two negotiating teams. She
said both teams are aiming for the same end result, and hopes the goal can be reached
very quickly.
Councilmember Thayer asked why we do not require firefighting experience for posi-tions
such as Battalion Chief, and asked if a Firefighter can work his way up to become
Battalion Chief. Ms. Golt said absolutely; most people reaching management level
have come from the ranks. She stated that all classifications have established
minimum standards.
Ms. Thayer asked if it was possible to become a Battalion Chief without having a required
number of years of on-line firefighter experience.
Ms. Golt stated the FFA is asking for a set number of years that they feel is the
appropriate number. She stated we already have minimum standards, but she believes
that some of the Firefighters disagree with some of the minimum qualifications. Ms.
Golt stated it is the City's position that the more often you can promote from
within, the better it is.
Once again, the question was stated - is it possible to hire someone as Battalion Chief
who has had no firefighting experience.
SRCC MINUTES (Special) 9/7/94 Page
6
SRCC MINUTES (Special) 9/7/94 Page
7
Personnel Director Daryl Chandler stated that the Fire Department has established career
development guidelines for the Firefighters. When a person becomes a San Rafael
Firefighter, he/she is given a booklet that explains the criteria for movement from
Firefighter up through the ranks including criteria for Division Chief and Fire
Chief.
Councilmember Thayer restated the question - is it possible to hire someone either from
within the Department or from the outside as a Battalion Chief who does not have
firefighting experience? Mr. Chandler answered, "No, that someone without fire
experience would not qualify for a Division Chief position".
Christopher Desmond stated that the lives of the Firefighters, as well as all the
residents of San Rafael, depend on the experience of the Chief Officers, and it is
critically important that they have fire line captain experience commanding an engine
company. He quoted from the qualifications ...... Experience - knowledge of firefighting
tactics and strategy, hazardous materials mitigation, fire prevention, personnel
management and all Department standard operating procedures". Mr. Desmond stated
that according to the qualifications, all they need is knowledge, no fire line
experience.
Mayor Boro asked Mr. Desmond that when the FFA says 5 years experience, are they talking
about just 5 years experience in the San Rafael Fire Department, or as a Commander in
any department. Mr. Desmond answered it should be 5 years of fire line experience in
any fire line as a Company Commander in a professional department anywhere.
Councilmember Cohen stated there are two personnel issues - that of experience
qualifications for command positions, and a career path issue in an attempt to focus
promotional opportunities almost exclusively to current employees of the San Rafael
Fire Department. He asked Mr. Desmond if it is the experience issue or the issue of
public safety which is actually the most important of the two.
Mr. Desmond stated they have been told by the City Negotiator that it is not appro-priate
to discuss any promotional considerations in regard to Chief Officers, so it has not
been discussed until tonight. He stated that when the FFA presented their original
material, they put forth what they would like, however; the issue of pro-moting from
the outside if there is not an adequate pool of candidates is reasonable.
Mr. Roberts stated it is difficult to conduct Meet and Confer on deaf ears, and basically
that is what the FFA has been told the City has on this issue about the Captain's
position.
Mayor Boro stated that for positions not represented by the FFA, the City team did not
feel that the FFA should set that criteria, but it does not mean the City would not
discuss it. Input and concerns are valid.
Mr. Roberts thanked Mayor Boro and said that was exactly what their point is; they do not
want to tell management their job, but the FFA would like input so you could at least
understand our concerns.
Councilmember Zappetini stated it looks like we are close on the paramedic unit, and asked
whether the audience would support a new parcel tax. The consensus was that they
would if it was specifically for Fire, Police and Safety, but not for the General
Fund.
Mayor Boro stated he did not want to look to the past because we must go forward; however,
two years ago this union was offered an increase of 4% with a qualifier. He pointed
out that we have had $3 million taken from the City budget in the last 3 years by the
State, and there will probably be more taken away in the future. Mayor Boro noted
the offer two years ago was rejected by the union, but the City has tried. He stated
we do not want to be last in compensating our Firefighters and Police Officers.
Mr. Roberts stated since this subject was brought up, he asked Mr. Desmond to explain the
reason the 4% was rejected.
Mr. Desmond stated that two years ago the FFA was in contentious labor negotiations for
many months. The City's team presented the FFA with a Last Best Offer for zero
money. Then they called another meeting and gave another Last Best Offer. The FFA
said we already got a Last Best Offer for zero money. The City's team said this is
an additional offer that asked FFA to sign off on the labor negotiations currently in
progress. Mr. Desmond stated the FFA was having difficulty getting their issues
before the City and they never had a full appreciation of what the concerns are over
this very critical promotional issue because the City refused to talk. The City's
offer was not for this year, but for next year. The offer also included furloughs if
SRCC MINUTES (Special) 9/7/94 Page
7
I
SRCC MINUTES (Special) 9/7/94 Page
the City got strapped. Mr. Desmond said when asked how the furlough would work, the
FFA was told that it was not really decided, but perhaps random station closures for
a day or maybe close stations at night. The FFA determined they could not sign such
an agreement. They could not be a party to closing fire stations or to sign off on a
contract that in good faith they were trying to negotiate. Mr. Desmond asked if the
other labor organizations that took that raise were also held hostage to their
previous contracts when they accepted the offer, and the answer was "No"; the FFA was
never given the same offer as was given to the other groups.
Mayor Boro stated his whole point in bringing this up was that we have been going through
massive change in how we fund government. He noted that other agencies have offered
furloughs, and other employee groups throughout the State have accepted them. It did
not work for this City for the Police and Fire Service. He indicated we need to
start fresh. Mayor Boro stated he did not want the people who came here tonight to
think that the City had offered nothing, although it might not have been what the FFA
liked, and it did have the hook of the furlough.
Mr. Desmond thanked the Council for letting him address that issue and to clear it up.
Councilmember Thayer stated we are moving to impasse, and she hoped that under the neutral
guidance of a mediator that some sort of an agreement can be reached quickly. To the
audience, she stated we have an excellent Firefighting Service and excellent
Paramedics, and it distresses her that the State, in order to balance its budget and
to take care of its obligations, takes away year after year, $3 million in the past
three years. That is a large cut out of the budget, and it is very hard to plan
prospectively. Ms. Thayer stated it is critical for the City to look at a ballot
measure for safety services alone. She stated she would also like for the City to
look at the amount of money currently in the reserves, perhaps with the idea that
some of it be used for one-time bonuses until there is some sort of ballot measure
passed, so we can keep our safety services up to par with those of other cities. Ms.
Thayer stated that we have the best, and she wants to keep the best.
Councilmember Cohen stated he understands the sentimental support for a public safety
measure on the ballot to get more money. However, he stated he does not see that as
an easy answer because he doubts it will happen, because it would be necessary for
two-thirds of the citizens to approve a tax. He stated what we have to do is to make
safety a priority at the expense of other things, but that is not an easy decision
because there are a lot of other people in the community advocating for the things
they hold dear. Mr. Cohen said that he and Councilmember Thayer have discussed the
issue of a public safety tax, and he was a strong supporter of Measure K that would
have given us some funding to resolve these issues. However, it did not happen. He
noted that in Petaluma, where public safety ought to be a major issue, they were not
able to pass a public safety measure. Even if San Rafael did pass such a tax measure,
it will not happen in time to resolve the issues in front of us tonight.
Councilmember Thayer stated that with the Petaluma safety measure tax, although favored by
the public, when it came up for a vote, the ballot specifically stated it would be
put into the General Fund. She noted one of the reasons Petaluma did that is because
if it goes into the General Fund, they only needed a 51% vote, but they got stung.
Ms. Thayer stated she believes that with all the publicity regarding San Rafael's
safety services, that our community would respond.
Mayor Boro stated he talked with some of the Councilmembers from Petaluma, who indi-cated
one of the reasons it did not pass there is because it did not have the full support
of their Fire and Police Departments. Therefore, Mayor Boro stated, in order to pass
here, it would need to start with the Police and Fire Departments.
Mayor Boro described the next steps of the impasse would be for the negotiators to meet in
Closed Session with the Council, discuss options, one of which is the possibility of
going through the mediation process and to present that to the union. Mayor Boro
thanked the audience for coming, for their support and their exuberance for the
public safety officers. He stated the City would work very hard toward a solution.
Council adjourned at 6:55 PM and reconvened to continue in Closed Session to discuss labor
negotiations.
Mayor Boro then announced in Open Session that no reportable action was taken.
There being no further business, the meeting was adjourned at 11:30 PM.
SRCC MINUTES (Special) 9/7/94 Page
8
SRCC MINUTES (Special) 9/7/94 Page
JEANNE M. LEONCINI, City Clerk
APPROVED THIS DAY OF , 1994
MAYOR OF THE CITY OF SAN RAFAEL
SRCC MINUTES (Special) 9/7/94 Page
9