01-30-92 v MINUTES THE SPECIAL MEETING OF ATLANTIC BEACH CITY COMMISSION HELD IN
CITY HALL, 800 SEMINOLE ROAD, AT 10:10 PM ON THURSDAY, JANUARY 30, 1992
TO RESOLVE AN IMPASSE IN COLLECTIVE BARGAINING NEGOTIATIONS WITH FIRE
DEPARTMENT EMPLOYEES
PRESENT: William I, Gulliford, Mayor
Glenn A. Edwards
Lyman T. Fletcher
Adelaide R. Tucker, and
J. Dezmond Waters, III, Commissioners
AND: Kim D. Leinbach, City Manager
Alan C. Jensen, City Attorney
Maureen King, City Clerk
And: John F. Dickinson, Labor Attorney, representing the city
of Atlantic Beach
Lt. James Hill, and Manly Bollin, First District
Representative of the State of Florida for the
International Association of Fire Fighters, representing
Atlantic Beach Fire Fighters
The meeting was called to order at 10: 10 PM by Mayor Gulliford. He
announced that the meeting had been called to resolve an impasse in
collective bargaining negotiations between Local 2622 Professional Fire
Fighters of Jacksonville Beach and the City of Atlantic Beach according
to Chapter 447 of the Florida Statutes. He said the meeting would be
conducted as a public hearing in order to afford the parties
representing the city and the parties representing the union an
opportunity to explain their respective positions on each point of
impasse.
Because of the lateness of the hour and the importance of the matters to
be resolved, Lt. James Hill requested that the public hearing be
continued until a future meeting. After brief discussion, it was agreed
to continue the public hearing at 5:30 PM on Monday, February 3, 1992.
In the meantime both the city and the union were asked to provide each
Commissioner with a list of the issues at impasse along with their
respective positions on each, in sufficient time for the Commissioners
to review same before the meeting on Monday.
There being no further discussion, the Mayo declared the meeting
adjourned at 10:20 PM.
. v7"1 ''am I. Gull ".rd
Mayor/Presiding Off •
ATTES T:
Maure n King, Cit Cler
MINUTES OF THE SPECIAL MEETING OF ATLANTIC BEACH CITY COMMISSION HELD IN
CITY HALL, 800 SEMINOLE ROAD, AT 6:30 PM ON THURSDAY, JANUARY 30, 1992,
TO RESOLVE IMPASSE IN COLLECTIVE BARGAINING NEGOTIATIONS WITH PUBLIC
EMPLOYEES
Present: William I. Gulliford, Mayor
Glenn A. Edwards
Lyman T. Fletcher
Adelaide R. Tucker, and
J. Dezmond Waters, III, Commissioners
And: Kim D. Leinbach, City Manager
Alan C. Jensen, City Attorney
Maureen King, City Clerk
And: John F. Dickinson, Labor Attorney, representing the city
William (Beau) Worsham, Union Negotiator, representing
Atlantic Beach Public Employees
The meeting was called to order by Mayor Gulliford. He announced that
the meeting had been called to resolve an impasse in collective
bargaining negotiations between Northeast Florida Public Employees'
Local 630 and the City of Atlantic Beach according to Chapter 447, of
the Florida Statutes. He said the meeting would be conducted as a
public hearing in order to afford the parties representing the city and
the parties representing the union an opportunity to explain their
respective positions on each point of impasse.
John Dickinson, Labor Attorney for the city, reported that fourteen
meetings had been held between the city and the union and reviewed the
issues on which agreement had been reached. He said three issues
remained at impasse.
William (Beau) Worsham, representing the public employees, also outlined
the various meetings and said negotiations had been amicable. He hoped
the City Commission would rule in favor of their requests.
Hours of Work and Overtime
John Dickinson explained the question at issue was whether paid
holidays, and paid and unpaid leave should be included as hours worked
for purposes of computing overtime. The city' s position was that only
hours actually worked should be considered when computing overtime,
which Mr. Dickinson said, was in keeping with federal law. Mr.
Dickinson provided figures illustrating the increase in overtime costs
over recent years.
Mr. Worsham explained that the city' s current practice was to consider
paid holidays, and paid and unpaid leave when computing overtime. He
said many other cities have similar practices and the union' s position
was that the city's current practice should be continued.
Following a lengthy discussion of this issue, it was agreed to hear the
presentations regarding all the issues at impasse before voting on any.
Page Two
Minutes of Special Commission Meeting
January 30, 1992
Injuries in the Line of Duty
Mr. Worsham explained the union' s position on this matter was that when
an employee was off work with a work related injury, the city should pay
the employee at 100% of his daily earnings for each day missed until
Workers' Compensation began on the eighth day. He stated after seven
days, Workers' Compensation paid the absent employee at 2/3 his rate of
salary and if the absence extended longer than fifteen days, Workers'
Compensation would compensate the city for funds expended during the
first seven days.
Mr. Dickinson addressed the issue and said, in his opinion, the policy
of paying the absent employee at the rate of 100% of salary, provided no
incentive to return to work in less than seven days, and could lead to
abuse of the system. His proposal provided for payment of compensation
to employees who were absent due to a work related injury, at the rate
of 50% of the employee's average daily earnings.
Mayor Gulliford inquired whether the city' s responsibility was reduced
if an accident was the result of negligence on the part of the employee.
He felt the wording should be amended to reflect a reduction of the
city's responsibility by 25% in the event it was determined the
employee was negligent. Mr. Worsham agreed to this request.
Wages
Mr. Dickinson presented the City's proposal on wages. He explained
that, subject to a satisfactory evaluation, the current procedure
provided for a 5% merit increase on the employee' s anniversary date. He
explained that, in addition to the merit increases, the City Commission
had also granted a cost of living increase of 3% to employees in four of
the last five years. He said since no other employees had been granted
a cost of living increase this year, it was his recommendation that the
city approve only the 5% merit increase to public employees. To do
otherwise would require further depleting reserve funds.
Mr. Worsham explained that under the city's proposal, employees who had
reached the top step of the pay plan would receive no increase. He
requested that the City Commission seriously consider a 3% cost of
living increase in addition to the 5% merit increase. He provided
comparison salary figures from communities of similar population
throughout Florida which, he said, showed that the salaries of most
classifications of public employees in Atlantic Beach were low. He
provided figures illustrating the cost of living increase computed at
1%, 2% and 3% and requested that the City Commission approve some level
of cost of living increase, even if it would not be retro active to
October 1, 1991.
Page Three
Minutes of Special Commission Meeting
January 30, 1992
Discussion ensued regarding granting increases on anniversary dates as
opposed to increases on a calendar year basis. Both Mr. Dickinson and
Mr. Worsham agreed that many cities were eliminating increases on
anniversary dates and were, instead, granting one raise which was
effective with the beginning of the fiscal year. Both Mr. Dickinson and
Mr. Worsham agreed this method reflected a more accurate picture of
actual raises.
Discussion then ensued regarding availability of funds, following which
the Mayor inquired into the wishes of the City Commission.
Commissioner Edwards moved to approve the position of the city as
reflected in Mr. Dickinson's proposal. The motion died for lack of a
second.
Discussion then reverted to the issue of INJURIES IN THE LINE OF DUTY.
Commissioner Waters moved to adopt the recommendation as set forth by
the representative of the bargaining unit, with the inclusion of a
contributory negligence provision. The motion was seconded by
Commissioner Fletcher. In discussion before the vote, Commissioner
Fletcher urged the City Commission to adopt this motion and suggested
the City Manager provide supporting data for the City Commission at
budget time so a decision could be made whether to continue this policy.
The question was called and on roll call vote, the motion failed on a 2
- 3 vote with Commissioners Edwards, Tucker and Mayor Gulliford voting
nay.
Commissioner Waters moved to approve compensation at the rate of 100% on
a first injury, and 50% on subsequent injuries. The motion was seconded
by Commissioner Tucker.
Commissioner Fletcher then offered a substitute motion: Approve
compensation at the rate of 100% on a first injury, and 50% on
subsequent injuries within a three year period. After an accident-free
three year period, compensation would revert to 100%. The motion was
seconded by Commissioner Waters, and on roll call vote, was approved by
4 - 1 with Commissioner Edwards voting nay.
HOURS OF WORK AND OVERTIME:
Commissioner Tucker moved to allow the first 80 hours of holiday leave,
paid personal leave, annual military training leave and leave while on
the active payroll, per year, to be considered as time worked for the
purpose of computing overtime. The motion died for lack of a second.
After further discussion Commissioner Waters moved to allow the first 80
hours of holiday leave, paid personal leave, annual military training
leave and leave while on the active payroll, per year, to be considered
Page Four
Minutes of Special Commission Meeting
January 30, 1992
as time worked for the purpose of computing overtime. In further
discussion, Mr. Dickinson said this would be difficult to track but Mr.
Worsham said the cost would not be significant. The question was called
and on roll call vote, the motion was approved on 4 - 1 vote with Mayor
Gulliford voting nay.
WAGES:
Commissioner Tucker moved to accept the labor attorney's recommendation
regarding salaries and authorize a 5Z merit increase, but no across the
board cost of living allowance; however, an employees who has reached
the top step in his/her pay classifications would receive a lump sum
payment equivalent to 5Z of annual salary as provided in the MSN pay
plan. After further discussion, the question was called and on roll
call vote, the motion carried on a 3 - 2 vote with Commissioner Edwards
and Mayor Gulliford voting nay.
All the points of impasse having been resolved, the Mayor declared the
meeting adjourned at 10:00 PM.
, 4
William I. Gullifo d,
Mayor/Presiding 0ifici
ATTES T:
Maureen King, Cit Cler1/