1973-11-13 Special CC MinutesSPECIAL MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY NOVEMBER 13, 1973
The meeting convened at 5:30 o'clock p.m. in the Council Chamber of the City Hall with
President La Croix presiding.
ROLL CALL:
The roll was called and Councilmen Beckam, Corica, Hurwitz, McCall and President La Croix,
Jr., (5), were noted present. Absent: None.
1. Receipt of the Notice and Agenda of this Special Meeting had been acknowledged by the
Councilmen and was on file. The purpose of the session was for consideration of a salary reso-
lution for personnel represented by the Alameda Police Association for the fiscal year 1973 -
1974; action thereon, if indicated; and personnel actions, if appropriate.
UNFINISHED BUSINESS:
2. Consideration of salary resolution for personnel represented by the Alameda Police Asso-
ciation for fiscal year 1973-1974.
President La Croix suggested the Council first consider the question of retroactivity, whether
to August 1, or July 1, 1973.
Assistant City Manager Goss introduced Personnel Director Forrest V. Routt and stated they,
together with Chief of Police Richard Young, had been in attendance at the meetings with repre-
sentatives of the Association. He summarized the Memorandum of Understanding which had been
agreed upon, and stated in addition to a salary increase of 5%, it provided for a $50 annual
increase of uniform allownace to $240; an increase in the monthly allowance paid for Education
Incentive pay from $65 to $80; one additional paid holiday; a $10,000 increase in life insurance
to $15,000, or $30,000 in case of accidental death or dismemberment; full family Dental Insurance:
Health Insurance improvements in Blue Cross and Kaiser plans; a commitment to attempt to conclude
the 1082 pension discussions by July 1, 1974; and an increase of pay in lieu of unused sick leave
at termination, from 20% to 25%. He said there had been 17 items of clarification regarding over-
time policies, 3 clarifications of application of the sick leave policy, increases in the City
provision of safety glasses, provision of a seniority policy for Police Aides, and an agreement
to study the proposed Bill of Rights submitted by the Association. Mr. Goss reported the Memo-
randum of Understanding was in the drafting process at this time.
Concerning the question of retroactivity to July 1, 1973, the Assistant City Manager reiterated
his statements made at the regular meeting of November 6, and maintained there had been no agree-
ment between the parties on a 5% salary increase during the meet and confer sessions held during
May, June and July. He said that he, Mr. Routt and Chief Young had reviewed their notes thoroughly
on this point. Mr. Goss referred to the memorandum to the Council dated November 12, 1973, signed
by the staff participants in the sessions.
Police Officer Wayne Lehman distributed to the Council copies of notes made by himself and Police
Officers Noah Garrett and Norman Lynds during negotiation sessions. He said Mr. Goss' negotiating
style forbade any point-by-point agreement; that it had been their intention at the start of
negotiations to take proposals one by one but had been told consideration would only be given to
a package deal. He referred to the notes and indicated that as of June 11, and again on June 13,
1973, both the City negotiator and the Association representatives had discussed a 5% salary
increase. Officer Lehman said no agreement had been reached on the benefit package or its amount,
but both sides were talking about the 5% wage increase. He stated that after July 13, there had
been no further discussion on salary percentage or amount, only on benefits. Officer Lehman
commented in detail on the notes and answered questions put by the Council.
President La Croix, in referring to the notes, asked Officer Lehman if the notation dated July 9,
which stated "tentative agreement upon 5% salary.....9% with Association support", related to a
total package. Officer Lehman replied in the affirmative and stated this included benefits. He
said no written agreement on salary had been made, at that time, due to the insistence of the
City negotiator that agreement be reached on a total package.
Councilman Corica said it appeared to him a 5% salary increase had been agreed upon, although
thismight he considered more of a moral position than a legal one. He asked the City Attorney
if the Council had the authority to grant retroactive pay to July 1.
Mr. Cunningham replied they did, dependent upon how the evidence was viewed as presented by both
sides.
Officer Lehman said that during this time the City had settled, through signed agreements, with
the other City departments on a 5% salary figure and the Association had then realized this was
the maximum salary increase which could be obtained.
Mr. Goss said, in accordance with the ground rules agreed upon when negotiations were commenced,
there was no agreement reached by the parties during this particular time; that there had been
no acceptance on the entire package until the month of August. He pointed out that Mr. Routt's
notes covering the meeting of July 20, showed the City had proposed an 8.3% package for an
eleven and one-half month period, and the Association had come back with a 7% salary and
1.3% dental and health package. He said the 7% figure had been linked to longevity pay.
Councilman Hurwitz said he felt both parties had entered into the negotiations in good faith;
that this was a matter of legality and the Council could, if it so chose, find the agreement
had been made.
Councilman McCall commented on the notes and testimony which had been presented by the Asso-
ciation and City negotiators. He said it did not appear to him that any agreement had been
reached which would substantiate the payment of retroactive salary to July 1.
Following considerable discussion, Councilman Corica moved the Council agree to retroactive
payment of a 5% salary increase to July 1, 1973. The motion was seconded by Councilman Hurwitz.
Councilman Beckam stated his feelings and sympathies were with the Association members, but he
had only found a divergence of opinion and not facts in support of their claim for retroactive
payment.
The question was put and was defeated on the following roll call vote. Ayes: Councilmen Corica
and Hurwitz, (2). Noes: Councilmen Beckam and McCall and President La Croix, Jr., (3). Absent:
None.
President La Croix suggested, for the future benefit of all City employees, whether uniform
personnel or otherwise, and for the benefit of the people and City Council, that the City
Manager be instructed, through the City Attorney, to present to the Council a resolution
setting out in detail the rules of negotiations, specifically to the point of retroactivity.
Councilman Beckam then offered the foregoing as a motion, which was seconded by Councilman
Hurwitz and carried by unanimous vote.
Councilman McCall suggested, in future negotiations, consideration be given to the employment
of a professional negotiator to act for the City.
RESOLUTIONS:
3. The following resolution was introduced by Councilman McCall, who moved its adoption:
"Resolution No. 8134
Amending Salary and Position Resolution No. 8094 by Increasing
Salaries of Various Positions in the Police Department, and by
Creating New Position of Part-Time Student Aide in the Police
Department and Establishing Salary Therefor."
City Attorney Cunningham requested the resolution be amended, on its face, by adding the
following: "BE IT FURTHER RESOLVED, that this resolution shall be in full force and effect
from and after August 1, 1973."
The Clerk was instructed to so amend the resoltuion.
The motion to adopt said resolution as amended, was seconded by Councilman Hurwitz and carried
on the following rollcall vote. Ayes: Five. Noes: None, Absent: None.
4. The following resoltuion was introduced by Councilman Beckam, who moved its adoption:
"Resoltuion No. 8135
Amending Resolution No. 8094 by Adding a New Section 2 Thereto,
Relating to Working Hours, Overtime, Uniform Allowances and
Educational Incentive Award Program for Employees."
The motion to adopt said resolution was seconded by Councilman McCall and carried on the
following roll call vote. Ayes: Five. Noes: N ne. Absent: None.
5. Councilman Corica moved the Council retire to an executive session for discussion of person-
nel matters. The motion was seconded by Councilman Beckam and carried unanimously.
After a five--minute recess, the Council, with the exception of Councilman McCall who had a prior
commitment, reconvened in the Conference Room cf the City Hall for its deliberations. At the
conclusion of the discussion, it was determined no action would be taken at this meeting.
ADJOURNMENT:
6. There being no further business to come before the meeting, the Council adjourned.
Respectfully submitted,
Deputy City Clerk