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HomeMy WebLinkAboutSPCC Minutes 1994-09-15SRCC MINUTES (Special) 9/15/94 Page I IN COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, WEDNESDAY, SEPTEMBER 15, 1994, AT 7:00 PM Special Meeting: Present: Albert J. Boro, Mayor San Rafael City Council Paul M. Cohen, Councilmember Barbara Heller, Councilmember Joan Thayer, Councilmember David J. Zappetini, Councilmember Also Present: Suzanne Golt, Assistant City Manager Jeanne M. Leoncini, City Clerk I.OPEN SESSION TO DISCUSS M.O.U. NEGOTIATIONS IMPASSE BETWEEN THE CITY OF SAN RAFAEL AND THE SAN RAFAEL POLICE ASSOCIATION - File 7-8-3 x 9-3-30 Mayor Boro explained that tonight's meeting was a beginning in the negotiations impasse between the San Rafael Police Association and the City of San Rafael. The purpose is to hear from the Police Association regarding the issues they wish to present and for the Council to ask questions. When the Association's presentation is completed, the City's Chief Negotiator, Suzanne Golt, will present the City's position after which the Association may ask questions. Following that, the public may speak. Dan Hanlon, President of the San Rafael Police Association, noted that San Rafael Police are the lowest paid in the County and have been working without a contract for over one year. The last increase in pay was a 2% raise in January, 1991. Mr. Hanlon stated that the disparity in pay between San Rafael and neighboring agencies is causing a mass exodus of employees. During July and August, an average of one employee per week was lost, six of which were Police Officers. Mr. Hanlon stated the exodus will continue and will have an effect on the remaining Department personnel and their ability to perform. He noted the San Rafael Police Department is responsi- ble for more cases filed in court by the Marin District Attorney's Office than the next two largest agencies in the County, the County Sheriff's Department, and the Novato Police Department combined. Quoting Sheriff Prandy from last week's Fire- fighters' Association Impasse meeting, "When agencies refuse to adequately compensate their Officers, the net result is an inability to retain personnel. Inability to attract top candidates to replace the Officers leaving and the Department becoming a training ground, results in the Department having to hire people who cannot get a job any place else." Mr. Hanlon stated the San Rafael Police Department as of today is 7 officers short. The exodus of our Officers has caused the Police Chief to disband the Street Crimes Unit which was formed to combat prostitution and drug dealing in the Canal area. We are today back to where we were prior to the formation of the Crimes Unit; one Officer per shift in the Canal to deal with the 35 currently iden- tified professional prostitutes working the street and untold amount of dealers working the Canal area. The Chief has also been forced to reassign an Officer, who was working child sexual abuse cases, back to the Patrol Division to cover for short- ages in Patrol. This City's inability to attract top candidates is evidenced by the two-year search to fill six vacancies between 1993 and 1994. The result was the hiring of two Academy graduates, both of whom have been let go from probation. During the past two months, Mr. Hanlon noted we have lost four Officers to better paying departments. These Officers are being actively recruited by other departments in Marin County. San Rafael lost Officers that San Rafael taxpayers paid to train. Mr. Hanlon stated that the issue, according to the City, is cost. However, an exodus of personnel brings numerous hidden costs - the cost to recruit, hire and train new people. Since we cannot attract trained and currently working Police Officers, we are forced to attempt to attract people coming out of Academy classes. He noted that the Council has agreed to find funding for a new palm tree -lined walkway at Albert Park. How about public safety? Jim Strong, Chief Negotiator for the San Rafael Police Association, stated the nego- tiations for the 1993/94 M.O.U. began in March of 1993, 18 months ago. The contract was to have taken effect in July, 1993. The last pay raise was 2% in July, 1991. He pointed out that a professional negotiator was hired by the City, costing the tax- payers $35,000. Mr. Strong listed the three issues over which the City has declared an impasse; 1) Nine tentative agreements which the City removed from the table in July, 1994; 2) bringing discipline language in the current M.O.U. into compliance with the existing State law; 3) salary increases. Mr. Strong stated that beginning in March, 1993, both parties were able to negotiate through several non -economic issues and reach tentative agreements on 9 of those issues. Among those agreements were issues placed on the table by the City team, including a comprehensive drug and alcohol policy, a light duty policy, and a family and medical leave provision which complies with State and Federal statutes. The second issue is existing language in the M.O.U. which defines discipline. The Association requests this section be amended to be identical with State laws, speci- SRCC MINUTES (Special) 9/15/94 Page 1 2 SRCC MINUTES (Special) 9/15/94 Page fically, Government Code Section 3303. The City has repeatedly denied the request, and the Association wants to know why. Regarding compensation, Mr. Strong stated that beginning in August, 1993, the professional negotiator introduced a salary increase of 1%, which equates to $33 per month before taxes for a 14 year veteran. This offer was continued, without movement, for the next 10 months. In June, 1994, the paid negotiator was removed from the negotiations process and the City assigned Assistant City Manager Suzanne Golt to be the chief spokesperson. On July 8th, a Last Best Offer was made which offered a 9% increase over 3 years with the stipula- tion of freezing 3 Police Officer positions. Ninety-five percent of Association membership who voted turned down the offer. The City's response after the vote, and after a counter offer of a 2 year term, was to refuse the counter offer and offered a second Last Best Offer, which removed all 9 previously agreed to tentative agreements from the table and offered zero for 1993/94 and 4% for 1994/95. Mr. Strong stated that the City's explanation to them was that the agreements had been simply tenta- tive, not binding. He asked what the motivation was for removing these agreements, some of which had been initiated by the City. The Association views the removal of the tentative agreements and the subsequent Last Best Offer as nothing but punishment for the membership's good faith consideration and ultimate rejection vote of the first Last Best Offer. Mr. Strong stated that a one-year contract term for the San Rafael Police Association will expire June 30, 1994; the two-year contract will expire June 30, 1995, and a three- year contract will expire June 30, 1996. The fact that the 1993/94 contract has gone by is not by the Association's doing, rather it has been a result of the City's tactic of placing a 1% offer on the table and leaving it there until June, 1994. On August 26, 1994, in a memo to the City Manager, Finance Director Coleman stated that a General Fund balance existed of $4 million. He also stated that this is approximately $1 million over what the City had set as the Reserve Fund goal. In that same memo, Mr. Coleman mentioned Safety Salary Reserves, and the Association is asking what fund is this, how much is in it, and why have you and your negotiators failed to mention this fund prior to the memo? On August 31st, in a meeting between Mr. Strong, Mr. Desmond, President of the Firefighters' Association and the accoun- tant, Mr. Coleman stated the General Fund balance is "around $3 million or maybe a little more". Mr. Strong stated this creates a credibility problem. Regarding staffing, Mr. Strong stated that for the past two years there have been at least six vacant Police Officer positions, which amounts to an annual salary savings to the City of about $300,000. He asked, why so many? Because the City has refused to re- evaluate priorities and fund the money for meaningful public safety salaries. He stated the City of San Rafael or the Police Department cannot attract quality Officers. Referring to an article in today's Marin Independent Journal, Chief Krolak is quoted as saying, "There is a shortage of qualified candidates in the State of California". Mr. Strong said a more accurate statement would be, "There is a short- age of qualified candidates coming to San Rafael because of the lack of a meaningful public safety salary." In the same article, City Manager Nicolai stated there is no connection between the pay issue and the staffing problem. Mr. Strong asked, how can that be true? In the last two months, 4 trained, experienced Officers left San Rafael for employment with other Police Departments, all for higher pay. The Proposition 172 money was designated and earmarked by the voters for public safety. The funds for the 1993/94 Proposition 172 money is $155,000, and Mr. Coleman projects that for the current fiscal year, Proposition 172 money for San Rafael will be $200,000. Mr. Strong presented two bottom line choices from the Association. Choice #1 is for the City to agree to amend 7.2, the M.O.U. definition of discipline to make it iden-tical to State law, restore all 9 tentative agreements to the table to be ultimately included in the final document, and a three year contract to commence July 1, 1993 and terminate June 30, 1996 with a 2% salary increase effective July, 1993; 2% salary increase effective January, 1994; 5% increase total compensation effective July, 1994; 2% total compensation effective July, 1995; 3% total compensation effective January, 1996. That is 14% over 3 years, a net increase to the City of about 12%. Mr. Strong stated that if the City is serious about settling this labor conflict, they have the power, the authority and the money to do so tonight. It is not manda- tory for mediation to be entered or completed. He noted that if agreed upon, in January, 1996, a top step San Rafael Police Officer's salary would be $3,827 per month, which would still be below some of the other agencies. He pointed out that they are not being greedy, they just want a step in the right direction to bring Police Officers where they were 10 years ago. Chief Negotiator for the City Suzanne Golt summarized the history of current negotia- tions, stating the biggest issue is salary and the term of the M.O.U. The City wants to have a multi-year package despite the fact there is a one-year proposal now. In July, she stated there was a very productive meeting on the Rules and Regulations in SRCC MINUTES (Special) 9/15/94 Page 2 3 SRCC MINUTES (Special) 9/15/94 Page which they were all covered. Ms. Golt stated the City's offer for a 9% increase over a 3 year period would actually all be received within 18 months, beginning July, 1994. She noted that until the vote on the contract by the Police Officers, the City did not have an accurate picture of the level of objection to freezing positions. The Police Association's proposal was in essence the very same economic package offered by the City with the exception that the offer for January, 1996, was 1% below their proposal, and the Police package was not contingent upon freezing 3 positions. The Association also reported that they did not think they could even sell their previous multi-year proposal, even though during discussions, they thought it was do- able. At this point, the teams were moving farther apart, and because of that, the City declared an impasse. Ms. Golt stated that going into impasse, the City's final Last Best Offer is for one year, 4% total compensation increase all applicable to salary as of July, 1994. She stated they would have liked to achieve a multi-year package. Councilmember Zappetini asked for an explanation regarding the discipline and whether or not it complies with State law. Ms. Golt stated the City's team believes it does currently comply with State law. The Police Association believes that certain forms of discipline require arbitration, and the City believes it requires some form of administrative hearing. Mr. Zappetini questioned that if this has been an issue, why have we not gotten a clarification from the City Attorney. Ms. Golt answered that it has not been an issue until recently, and the attorneys are now reviewing the issue. Jim Strong stated the contention with this issue is Section 7.2 of the current M.O.U. entitled Definition of Discipline. Government Code 3303 (Peace Officer Bill of Rights) defines discipline. The difference between Government Code 3303 and Section 7.2 of the M.O.U. is that Section 7.2 limits what acts are defined as discipline. In addition to the acts listed in the contract, the Government Code also lists written reprimand and transfers for purposes of punishment. Further, our own Police General Order 91-4, which pertains to performance standards, lists written reprimand as a form of discipline. The Association's position is that if it is good enough for the Government to be included in a definition of discipline, it should be good enough for San Rafael. The Association feels that some of the resistance regarding this language change has to do with the forms of discipline the City might consider appropriate for arbitration as opposed to forms of discipline the City might consider inappropriate. The Association wants the contract to be identical to Section 3303 of the Government Code. This issue was brought to the table at the beginning of the negotiations in 1993 as well as for the previous M.O.U. discussions in 1992/93. At that time, the Association did not consider it worthy of hanging up a contract; that is not neces- sarily their position today. Mr. Strong presented Choice #2 for the City negotiating team. Restore all 9 tentative agreements, amend Section 7.2 of the M.O.U. to be consistent with Government Code 3303, and take 1993/94 and 1994/95 salary increase only. Then 1995/96 would be nego- tiated when the time comes. He pointed out that the City's first Last Best Offer was a 3 year term, and the second Last Best Offer was a 2 year term with nothing for the first year. The reason for that which is apparent to the Association is that should this proceed to mediation and mediation not work, the City has the right to unilater- ally implement. You must unilaterally implement the Last Best Offer and can only do that for a 12 month period. Should you have to unilaterally implement and were working off the 3 year first Last Best Offer, you would have to give the Association the 2% offered retroactive to January, 1994 and to honor the 9 tentative agreements. By backstepping, it appears the City was merely trying to cut their losses. That, along with the timing and a reaction to the membership vote, leaves the Association with the perception that the City was trying to punish the Association. Councilmember Thayer referred to the approximate $1 million reserves, and asked how much of that is one-time money, and how much is ongoing income. Ms. Golt responded that the goal has been to have a minimum of a 10% reserve, which would be approxi -mately $2.7 million. Finance Director Coleman stated that the impact of the net increase will be about $79,000. Mayor Boro clarified that for the year 1993/94, due to savings and unanticipated money received, the net increase to the reserves was $749,000. Estimated going forward from those monies is the $79,000 that you feel comfortable we will continue to generate. Councilmember Heller asked Chief Krolak how many vacancies we currently have and if that number approximates vacancies each year. Chief Krolak explained there are currently 7 vacancies, plus one Officer on long-term disability. There is also a new Officer who began on September 6th who will be going through training for 3-4 months before being able to go out on his own. He noted this number is probably high as compared to the last few years. Mayor Boro added that the number of vacancies is not acceptable and asked about the screening process itself which is long and cumbersome. Chief Krolak stated they are looking for ways to streamline the process, without SRCC MINUTES (Special) 9/15/94 Page 3 4 lowering the standards. SRCC MINUTES (Special) 9/15/94 Page Mayor Boro asked the Association if the issue regarding discipline is what is holding up the Rules and Regulations portion. Mr. Strong indicated that besides the discipline issue, they also only want to be governed by one document. Currently, they are governed under Departmental Rules and Regulations, General Orders, 1979 Rules and Regulations and the M.O.U. He stated that a good portion of what the City is propos- ing in the Rules and Regulations does not pertain to the Police Department and are overridden by the Officer's Bill of Rights. They pertain to the sworn positions, and the Association realizes they must take into consideration the non -sworn positions. Mayor Boro asked again that if the issue regarding discipline were solved, are the two groups close to agreeing on the Rules and Regulations issue. Mr. Strong stated it would help move the process along, but the process is not meet and agree, it is meet and confer. Councilmember Zappetini asked if, in the future, it would be better to postpone negotiations until after we know how much money will be in the reserve account to bring better credibility. Ms. Golt stated that one of the things you want to do in negotiations is negotiate packages and finalize negotiations before you finalize the budget, so you can put into the budget what you have negotiated. Otherwise, it will take away some of the flexibility, and you risk not pursuing the meet and confer process and a possible response from a union that you are not bargaining in good faith if everything is all nailed down. Mr. Zappetini stated that you can bargain in good faith and then if all of a sudden have money left over, it ruins the credibility and changes the whole picture. Then you have to start the negotiations over. Mayor Boro stated it is not a matter of ruining credibility, but at the time the budget is done, you project what the expenses and revenue will be. He asked Mr. Zappetini if he was saying that if the money is higher, salary increases could be better and con- versely, if the money is lower, would salary increases also be lower? Mr. Zappetini agreed. Mayor Boro noted it should not be a bad image for the City that we have more money than we anticipated. Finance Director Coleman stated that during the last 5 years, the General Fund has been in the range of $2.5 - $3 million. Because of budget cuts by the State, it has been very difficult the last couple of years to support any increases. In March each year, we have to make our best guess of how our revenue will go for the year, and noted this year we were lucky to have some left, although we still do not know what our sales tax or property tax will be. He stated we really need to rely on our ongoing revenue. Councilmember Cohen referred to an earlier question by Mr. Strong regarding Safety Salary Reserves, and asked for a definition. Mr. Coleman answered that money is set aside in reserve for salaries which have not yet been negotiated. That money was not used this year, so it was put back into the General Fund and is a part of the $4 million. Councilmember Thayer noted that in the past 3 years, the State has taken approxi -mately $3 million from the City. She asked with the extra money available, would it be difficult to support the salary requested by the Police Association. Mr. Coleman answered that funds should be paid using ongoing revenues. If it is necessary to use reserves, it should be for one-time expenditures or for a manageable expenditure. He reminded the Council that they can use the reserve money however they designate. Ms. Thayer stated it is critical to pay safety services more, and she is trying to find out a way to do it. She asked what happened to Proposition 172 funds. Mr. Coleman stated these funds are identified in the General Fund and are a part of the General Fund balance, and are not specifically earmarked for anything in particular at this point. Councilmember Heller asked how much a 1% increase is on an ongoing basis. Mr. Coleman answered that for the Police it is around $60,000. Ms. Heller noted that a 1% increase would use up the $79,000 rapidly each year. Mr. Strong stated that at the table, the Association was told that the Police Depart- ment's annual budget is $5.3 million, making 1% of that $53,000. He believes there is a misconception on the part of some Councilmembers regarding how the Association expects their proposal to be funded. They certainly do not expect it to be funded all up front. For example, the actual cost if you adopt the proposal would be about $695,000 for the entire term. $695,000 could be set aside out of the General Fund. But Mr. Strong stated his understanding of the budget is that you worry about the up front expenses right now, and plan for the rest. The $695,000 over the original salary budget should not be difficult to absorb between now and June 30, 1996. Mayor Boro opened the floor to the audience. SRCC MINUTES (Special) 9/15/94 Page 4 SRCC MINUTES (Special) 9/15/94 Page 5 Emil Bettini, San Rafael native, stated the Council should approve the request of the San Rafael Police Association. Paula Camina, Prosecutor with the District Attorney's Office, not speaking as a representative from that group, explained her current job is Felony Issuing Deputy. She stated when someone gets arrested and put in jail, she reviews the Police Reports and determines whether a crime should be charged. She stated if she does not have all the information she needs, she calls an investigator. Now sometimes no investi- gator is available because they are being used elsewhere. Ms. Camina stated that leaves her in a position where, if the case is pended, the person often gets out of jail, even in the case of a serious felon. She asked the Council do whatever they can to make the process better for the citizens of San Rafael. Linda Witong, who works for the District Attorney's Office of Marin County, stated she is not here as their representative but as a concerned citizen. She stated she is the Felony Expeditor and a resident of Marin, and noted San Rafael has been blessed with one of the finest investigative agencies in Marin County. She noted there is an increase in crime in this county, especially in San Rafael, and one reason it has not increased until now is because of the superlative performance by the Officers. She stated many Officers take off-duty hours to do what is necessary to put felons away. Ms. Witong begged the Council to find the money somewhere to fund the Police Department to continue to make it one of the best in the State. John M. Brigham stated he was outraged; to quibble over something that should have been done 3 years ago is an outrage. He stated there are 45 Police Officers making an average of $35,000 a year. A 5% increase is $1700 for 45 Officers and totals $76,000. He suggested each household pay $5 to have the finest Police in the State with the highest morale. He read a letter that he previously sent to Mayor Boro on 7/25/94 which stated the complete lack of leadership in the pay issue is appalling and that a zero percent raise this year and a 4% raise next year is incredible. He suggested this item be put on the ballot to see if the people will support it and to stop all the money being spent for arbitration and the meetings. Fran Sonia, San Rafael resident for 22 years, stated she has had occasion to use the Police Department and they have been very professional. She stated she is embarrassed by these salaries, and the Police Officers and Firefighters are the most important people on the City payroll. She asked that the City team consider the fact that we are losing Officers, and we need to keep the veteran Officers here. Ann Untermann, long-time San Rafael resident, stated the Police Department has cared for us for a long time and it is time for us to care for them. Jack Diego, San Rafael native, related a recent incident when he needed to call the Police who did not respond for 15 minutes because of a shortage of personnel. He stated that a shortage of 7 Officers is not adequate to protect the people in the community. He pleaded with the Council to do the right thing by supporting the Police and Fire Departments. Pat Murison, President of Contempo-Marin Mobile Home Park Homeowners' Association, stated they are very concerned about the lack of Officers and the situation in the Fire Department. Ms. Murison pointed out that a new apartment complex is being built near them as well as increased traffic due to the golf course, and they are very worried there will not be adequate protection. She stated the Police and Fire personnel do a great job and deserve a raise. Rick Louis, San Rafael businessman, stated this issue should have been settled a long time ago. Gerald Doane, San Rafael resident, property owner and business owner, stated he was previously a Police Officer but left for better pay and benefits. He noted the community's first priority is public safety. Mr. Doane said the San Rafael Police Department is excellent, and it must be able to retain and attract this type of personnel so it can continue to provide our community with quality public safety. He asked the Council to give the Officers a contract commensurate with the professional- ism the Council and community expects. Patty Dailey, San Rafael merchant and resident and member of the Business Improvement District, asked that this issue be settled very soon and to give the Police Depart- ment what they deserve. Greg Jones, with the District Attorney's Office, stated he has dealt with the San Rafael Police Department during his 16 years at the DA's Office. He stated they are the top Department in the County. He noted his concerns at losing experienced Officers for SRCC MINUTES (Special) 9/15/94 Page 5 SRCC MINUTES (Special) 9/15/94 Page other Departments for more money. He responded to a statement in today's Marin Independent Journal article, "the salary structure has nothing to do with the recruiting problem" is ignoring the obvious. He stated they are not able to replace these Officers with people who can pass the probationary period, and the pay is not sufficient. There is nothing like experience; an experienced Officer does a better investigation and they are better witnesses which impacts the DA's Office to prosecute crimes. When Officers who are on probation are witnesses for cases, then leave the Department because they are relieved from probation, these are cases they cannot prosecute and the case is dismissed because the witness has disappeared. Mark Mitchell, 10 -year resident of San Rafael, stated we have an excellent Police Force. Public safety is extremely important to his family. He asked that our Officers be paid at a level that will keep them here and to attract high quality people. Mr. Mitchell asked the Council what they have been doing with all the money that has been saved due to unfilled positions and why has the contract not been settled long ago? He pointed out that Proposition 172 set aside money for public safety and asked what is being done with it. He asked that the Police Officers and Firefighters be paid what they want and what they deserve. He emphasized that public safety is the most important service to the taxpayers. John Rudolph, County resident for 50 years and contractor for 20 years, stated there are areas that were once a real threat to the City such as the Canal area, but today they are cleaned up; however, the place is a powder keg. He stated it will not take long to go the wrong way and asked that Officers be put back in place within a week. Dennis Correll, local business owner, asked the Council to support the Police Officers. He asked, why do we all live here? The obvious answer, he noted, is that we feel safe. If we lose that safety and security, we will lose faith in our community. Nando Lacuna, Principal of San Rafael High School, stated he is not here as an official of the school district. He noted this is the most difficult time to be in public service because of finances. However, he stated he has worked closely with the San Rafael Police Department for many years, and every time it has given incredible service, with quick response and high professionalism. He stated a city is measured by its public services, especially Fire and Police. Mr. Lacuna stated the school and the community work because of the integrity of the Police Department, noting taxpayers do not mind paying taxes if they believe they are going in the right direction. Frank Gruen, owner of Royal Auto Body in the Canal area, stated much progress has been made in the Canal, and taking Officers out of the Crimes Unit is not good. He stated he has an expensive body shop because of the long hours he works and because he hires people who have stayed with him a long time and he pays them well to do a better job than the guy down the street. He stated the bottom line is, you get what you pay for. He asked the Council to stop talking and do something to keep the Officers here. Put them Number 1. Judith Brown, Deputy District Attorney, speaking as an individual and not as a repre- sentative, stated she has worked in Marin for 5 years, and before that for 13 years as Deputy District Attorney in Contra Costa County. She stated that unquestionably, the San Rafael Police Department is of the highest caliber she has seen. She stated the Council is deluding itself if they believe they can maintain that caliber without commensurate pay. She noted the real issue is not if you will pay for public safety, but when and how. She stated if you pay now, you can measure your costs in reason- able dollars. If you pay later, the cost will be immeasurable, noting you will have a demoralized and decimated Police Department and, more tragically, loss of public safety and loss of life. Kelly Vieira, member of the District Attorney's Office, stated her job is the prose- cution of child sexual abuse cases, and the result of losing an investigator in this area has had a direct impact on her job and her ability to efficiently prosecute these crimes. Previously, she stated she worked on a daily basis with two San Rafael Police Officers. Since one Officer has been reassigned, the one remaining is a wonderful detective, but he is overworked. She indicated she does not have the response she used to have, investigations are slower. She stated this situation cannot continue, or San Rafael will lose the public safety that is so important. To lose an Officer trained specifically in the area of child sexual abuse is significant and affects the prosecution of these very serious crimes. Ms. Vieira stated if it involves paying these people what they so richly deserve, it needs to be done, and it should have been done a long time ago. She urged the Council to grant what they are asking. Marie Schooley, resident of Contempo-Marin and a property owner in San Francisco's Mission SRCC MINUTES (Special) 9/15/94 Page 6 7 SRCC MINUTES (Special) 9/15/94 Page District related the history of a Southern California city that composed a new charter in order to fight crime. The San Rafael City Council adopted that City as a role model. From that came the good results in the Canal area. Ms. Schooley shared copies of this plan with San Francisco's Mission District, who in turn also had positive results. She stated her purpose tonight is to shame the Council into doing whatever is necessary to give this community the very best in the way of protection. Don Merrill, Assistant Principal of Davidson Middle School, stated the teachers support the Police Officers because they have been very professional and have developed a positive image with the students over the years. Sandra Esteves-Guidi stated she was the wife of a San Rafael Corporal who came here 8 years ago from Mill Valley because of higher salary, a better training program and more opportunities. She stated the salary negotiations impact not only the Police Officers, but families and the general public as well. She encouraged Councilmembers to do a ride -along with the Officers on a Friday or Saturday evening to see them in action. Kelly O'Hare, San Rafael Police Officer for 8 years, stated she came here because of the salary and had turned down jobs from other agencies that today pay over $1,000 more a month than here. She noted there were more Police Officers on the street in 1986 than today, and at that time it was acknowledged by the City we were under -staffed, and the calls for service continue to grow each year. Ms. O'Hare noted she works the day shift with a total of 6 Officers to handle the calls, and most days they run from call to call all day, and there is enough work for at least twice as many Officers. She stated there is no way they can give the people and the investi-gations the attention they deserve. She declared that it is unconscionable that San Rafael carries the highest workload and are the lowest paid in the County. She stated the morale is very low and Officers are going to work angry. She pointed out that people cannot be treated like this, dragging out this process with offers tied to furloughs and frozen positions. She said they watched the Lieutenants being given a raise of over $9,000 a year by 1995 which she felt was a slap in the face to the Officers working the streets. She stated nobody got into police work to get rich, but most have to work inordinate amounts of overtime just to get by. She noted some Officers with families to support are working up to three side jobs just to pay the bills, as well as living in Sonoma County, Fairfield, Suisun City and commuting over an hour each day. She quoted the Marin Independent Journal article which stated that according to the City Manager and Police Chief, the mass exodus and vacancies are not due to money, but they are misinformed; it is all about money. Officer O'Hare stated there is no way we can attract quality personnel with these salaries. She said she is being recruited by other departments, but wants to stay with San Rafael. Joe Somiat, resident of San Rafael, asked how much money has been budgeted this year in anticipation of paying the Police Officers? Finance Director Coleman stated the current amount in this year's budget is in excess of $400,000 for all groups. Richard Maloney, San Rafael businessman for 12 years, stated that doing business here is reasonably safe at this time, noting the rest of the country has more severe problems than we have. He stated we are safer because of our good law enforcement. He asked the Council to take a close look to insure San Rafael is not on the news headlines some night as a result of some catastrophe because we did not have good law enforcement. Mike Keller, San Rafael Police Association member, read a letter from Karen Guy who could not be here this evening. Her letter stated she has always been proud of this City, but recent events regarding public service concern her about the reputation and respect of San Rafael. She stated she works as a labor representative, and labor- management cooperation is of the utmost importance. If her private sector company acted in the same manner as the City has in these negotiations, they would be out of business. She indicated the causes of the downfall would be: 1) their inability to remain competitive; 2) inability to retain and recruit excellent employees; 3) an increase in employee turnover; 4) a decrease in employee morale; and 5) a decrease of respect and reputation within the industry and community as a whole. She wrote that most of this has been driven by egos, personalities and emotions. All parties - the City, Police and Fire Associations - should 1) not take things personally; 2) not show your emotions; 3) maintain integrity; 4) collect and present facts; and 5) build healthy and positive long-term relationships with labor. She asked that all past differences be set aside and move on, always looking to the future. Robert Tourney, San Rafael businessman and property owner, expressed support for the San Rafael Police Department and their request for reasonable compensation for the SRCC MINUTES (Special) 9/15/94 Page 7 I SRCC MINUTES (Special) 9/15/94 Page service they perform every day. He stated the most important function of the City Council is to insure the continued operation of the City's Police Department at a level that provides each of the citizens and businesses of San Rafael a sense of security and comfort, and by not giving the Police Officers what they are asking for, is not carrying out your duty to the citizens of San Rafael. Mayor Boro thanked the citizens who are here tonight and those who spoke and empha-sized that the entire Council supports the Police and Fire Departments. Councilmember Thayer stated she appreciates the audience's response to safety services. She stated the City has gone through some very difficult economic times, both with the recession and the fact that the State has taken away money from cities at a great rate. However, she stated we have reserves this year, and some of the reserves need to be used for salary increases. She reminded the audience that this does not constitute an ongoing source of revenue, and this is a frightening step to take. Ms. Thayer stated she believes the City will have to ask the voters for money for safety services and hopes it will be supported by the citizens. She explained the Hughes- Heiss Efficiency Study indicated we have extremely efficient employees working at a very high level. It also suggested we would need more Police Officers in the future. Ms. Thayer said we are in the middle of a crisis, and something must be done. She stated the Council is in the unenviable position of categorizing itself; safety services must come first, then everything else comes later. We end up closing libraries and not paving streets. She stated we need a new source of revenue. Police Association President Dan Hanlon stated there continues to be a credibility problem within the City. In 1991, the Hughes-Heiss Study was done, costing in excess of $100,000 of the taxpayer's money and noted for the most part, the Council has chosen to ignore the recommendations. These recommendations include improving commu- nications and credibility within the departments, as well as adding 5 more Police Officers. Mr. Hanlon stated now is the time to act on the $100,000 investment. One area of credibility is the 14% raise for Police mid -management personnel payable between now and July, 1995 with no similar offer being made to rank and file personnel. He indicated that Mr. Coleman met with Police Association representatives and their accountants five days after giving a memo to the City Manager informing her of an additional nearly $1 million in revenue which she failed to mention to the Association. Mr. Hanlon stated they are not being greedy but are only asking for what other departments are making today. He stated that the way to expedite getting more Officers on the street is to offer to quality applicants a competitive wage that attracts top notch people the same way other agencies are doing to our people right now. He pointed out that the Council has the authority to settle this issue tonight. Resolution 4027 states that in the absence of an agreement after the impasse hearing, the matter then shall proceed to mediation. Mr. Hanlon stated there is no need for mediation on this issue. If you want a Police Department that keeps its trained and experienced personnel, then act. If you want a Police Department that is a supply source for other agencies, you are certainly going in the right direction. Mr. Hanlon thanked the Association's negotiation team. He also thanked all the citizens who came tonight to show support and emphasized how gratifying it is to work in a community that gathers this much support. The Council adjourned at 8:55 p.m., and reconvened in open session with Mayor Boro announcing that the City Council would be going into 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 11:35 PM. JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF , 1994 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Special) 9/15/94 Page 8