ORDINANCE No. * Ratify a successor Labor Agreement with Portland Police Association for terms and conditions of ernplo5rment of represented employees in the bargaining unit (Ordinance) The City of Portland ordains: Section i. The Council finds: Representatives of the City and Portland Police Association have signed a Tentative Agreement, Exhibit A attached, that outlines the terms and conditions of employment for cerlain represented ernployees for the period of July l, 2010 through June 30, 2013. The ag'eernent meets the City's bargaining intelests by securing a three-year successor labor ageement and agreeing to wage increases, health benefits, and other terms and conditions of employnent. The agreement meets the City's bargaining interests by rnaintaining the July 1 ,2009 - June 30, 2010 wage rates fbr the period of July 1,2010 through June 30, 20ll . The agreement continues to apply the principles of total compensation as the basis fbr bargaining all monetary subjects and ties total compensation to the Portland Consumer Price Index General Wage (CPI-W). General wage increases in the second and third years of the labor agreement will continue to be tied to the Portland CPI-W. The tenns and conditions shall be reduced to a labor agreement which the Mayor and Auditor should be authorized to execute. NOW, THEREFORE, the Council directs: The Mayor and Auditor are authorized to execute a labor agreement between the City and Portland Police Association relating to terms and conditions of employrnent of ceftain represented ernployees in the Porlland Police Association bargaining unit. Said contract to confonn to the provisions in the Tentative Agreement attached to this Ordinance rnarked Exhibit A. This ordinance is a binding City policy. Section 2. The Council declares that an emergency exists in order to avoid an unnecessary delay in the orderly implernentation of the provisions of the labor agreement; therefore, this ordinance shall be in full force and effect fi'om after its passage by the Council. 1. 2. J. 4. 5. b. c. Passed by the Council: Commissioner Mayor Sarn Adams Offrce of Management and Finance Prepared by: Yvonne L. Deckard:jpg Date Prepared: January 19,2011 LaVonne Griffin-Valade Auditor of the City of Portland By Deputy
ORDINANCE No. * Ratify a successor Labor Agreement with Portland
Police Association for terms and conditions of ernplo5rment of
represented employees in the bargaining unit (Ordinance)
The City of Portland ordains:
Section i. The Council finds:
Representatives of the City and Portland Police Association have
signed a Tentative Agreement, Exhibit A attached, that outlines the
terms and conditions of employment for cerlain represented
ernployees for the period of July l, 2010 through June 30, 2013.
The ag'eernent meets the City's bargaining intelests by securing a
three-year successor labor ageement and agreeing to wage increases,
health benefits, and other terms and conditions of employnent. The
agreement meets the City's bargaining interests by rnaintaining the
July 1 ,2009 - June 30, 2010 wage rates fbr the period of July
1,2010 through June 30, 20ll .
The agreement continues to apply the principles of total
compensation as the basis fbr bargaining all monetary subjects and
ties total compensation to the Portland Consumer Price Index
General Wage (CPI-W). General wage increases in the second and
third years of the labor agreement will continue to be tied to the
Portland CPI-W. The tenns and conditions shall be reduced to a
labor agreement which the Mayor and Auditor should be authorized to
execute.
NOW, THEREFORE, the Council directs:
The Mayor and Auditor are authorized to execute a labor agreement
between the City and Portland Police Association relating to terms
and conditions of employrnent of ceftain represented ernployees in
the Porlland Police Association bargaining unit. Said contract to
confonn to the provisions in the Tentative Agreement attached to
this Ordinance rnarked Exhibit A. This ordinance is a binding City
policy.
Section 2. The Council declares that an emergency exists in order
to avoid an unnecessary delay in the orderly implernentation of the
provisions of the labor agreement; therefore, this ordinance shall
be in full force and effect fi'om after its passage by the
Council.
1.
2.
J.
4.
5.
b.
c.
Passed by the Council:
Commissioner Mayor Sarn Adams Offrce of Management and Finance
Prepared by: Yvonne L. Deckard:jpg Date Prepared: January
19,2011
LaVonne Griffin-Valade Auditor of the City of Portland By
Deputy
Preamble. Term of CBA: Three years, 711110 - 6130113
Art. 15 - Policies and Procedures and Other, Orders. Broaden to
include BHR; require minimum of 15 days notice of BHR rule changes
prior to implementation, with an exception for emergencies.
Art. 17 - Manual of Rules and Procedures and Contract. Provide PPA
with access currently extended to sworn officers to specific list
of electronic systems, at cost
Ar1.21- Discharge & Demotion. City may restrict or suspend
police powers during pendency of investigation, imposition of
discipline, or clearance in medical or psychological fitness exam,
and such act does not constitute discipline. Unless placed on
unpaid leave, employee to maintain pay rate and premiums from
assignment prior to restricted duty.
Art. 23 - Seniority. Addresses the amount of vacation an employee
can schedule in the vacation sign-up process, and exempts certain
overtime assignments from equalization.
Art. 26 - Sick Leave. Clarifies that Unused Sick Leave Upon
Retirement provision applies to FPD&R Tier 1 & 2 and
FPD&R Tier 3/PERS-OPSRP, and does not apply to PERS Tier 1
& 2.
Att.27 - Pregnancy, Parental and Family Leaveo Limits intermittent
use of parental leave to RU manager approval (PPA to dismiss
grievance)
Art. 37 - Work Assignments in Higher Classification. lncorporates
LOA providing that for assignments of 60 continuous days or more,
paid leave will be at out-of-class rateo Adds detective supervising
detectives or criminalists in lnvestigations and Forensic Evidence
divisions to assignments receiving premium
F.lt.42 - Education Reimbursement Programo lncrease maximum number
of credits per year from g to 13.5o Establishes a specified pool of
Education Reimbursement dollars of $18,000 based on current average
annual spending, officers paid pro rata if submissions exceed pool.
Education premium 2%Top Step Police Officer for officer holding
Bachelor's Degree, effective 111113
Art. 43 - Overtime¡ Compensatory Time Off restrictions:o Absolute
discretion to grant, deny or cancel when requested 30 days or less
in advanceo ldentifies four factors for grant, denial or
cancellation when requested more than 30 days in advance (impact on
desired staffing levels, whether will require backfill Mofficer on
overtime, special event/incident needs, and holidays), and sets
standard of review as "abuse of discretion"o PPA to dismiss
grievance
. On-Call includes availability premium and hourly pay for time on
the phone (settles two PPA grievances)
Att.47 - Holiday Compensation. Officer's election of either pay or
holiday comp timeo Provision of an additional floating
holiday
Art. 53 - Funeral Expenses. lncreases allowance from $5,000 to
$12,000
Art. 55 - Shift & Alternative Shift Scheduleso For night shift,
holiday to be observed the day before the rest of the City (SAP
allocation- of-day fix; PPA to dismiss two grievances). Establishes
Shift Differential of 2o/o for Night Shift and 1o/o for Afternoon
Shift, effective @ ratification
Art. 57 - Extra Employment. Special Duty compensated in pay only
(not Comp Time Off); includes settlement of grievances
Art. 61 - Bill of Rightso PPA acceptance of all adopted Police
Review Board changes, with the following express provisions: o
Right to attend & be representedo Right to make a presentationo
Right to submit documentary and other non-testimonial evidenceo PPA
only excluded from Executive Session if advisory lAD, Detectives,
and Training
personnel likewise excludedo Joint statement to arbitrator
concerning PRB processo PPA to dismiss grievance. Drug Testing
Policy revised to include random drug testing
Art. 62 - lndependent Police Review. PPA acceptance of adopted IPR
revisions in reform ordinance, with the following reservation:o
Despite ordinance limitation on subpoena of sworn members, PPA
required express
provision that it does not waive its or its members' right to
challenge legality of subpoena provision
Art. 65 - Recruitment and Retention lncentiveso lncorporates LoA
correcting VEBA contribution. Creates Health & Fitness premium
of 1o/o Top Step Police Officer, effective 711t11
Art. 67 - Canine Handler. Clarifies pay rates and form of
compensation; PPA to dismiss grievance
Schedule Ao No COLA increase for 2010-2011; COLA increase of PDX
CPI-W, 1% min. - 57o max., for 2011-2012 and 2012-2013. Schedule
adjustment of 2o/o, effective 711111, for PPA concessions on Comp
Time Off
City of Portland Bureau of
Human Knowledgeable
Yvonne L. Deckard, Director 1120 SV/ 5th Ave., Rm. 404
Portland, Oregon 97204-1912 (s03) 823-3s72
Fax (503) 823-41s6
Office of Management and Finance Kenneth L. Rust. Chief
Administrative Officer
FOR MAYOR'S OFFICE USE ONLY
Reviewed by Bureau Liaison
FROM: Yvonne L. Deckard, Human Resources Director
RE: ORDINANCE TITLE : * Ratify a successor Labor Agreement between
the City of Portland and Portland Police Association relating to
terms and conditions of employment of represented employees in the
Portland Police Association bargaining unit. (Ordinance)
l.INTENDED THURSDAY FILING DATE: January 26,20tt 2. REQUESTED
COUNCIL AGENDA DATE: February 2,2011, 10:00 AM Time Certain 3.
CONTACT NAME & NUMBER: Steve E. Herron, 503-823-3524 4. PLACE
ON:
-CONSENT X REGULAR
5. BUDGET IMPACT STATEMENT ATTACHED: X Y N N/A BY CITY ATTORNEY6.
(3) ORTGTNAL COPTES OF CONTRACTS APPROVED AS TO FORM
ATTACHED: Yes No X N/A
7. BACKGROUND/ANALYSIS Pursuant to its obligations under ORS
243.650 et. seq. the City entered into labor contract negotiations
with Portland Police Association (PPA). If ratified, this Tentative
Agreement will establish the terms and conditions for a labor
Agreement for the period July l, 201 0 through June 30,2013.
8. FINANCIAL IMPACT The following estimates of costs for the PPA
contract are based on 914 FTE and the adjustment to their base rate
of pay for PPA members. These costs do not include potential
overtime costs PPA members may earn. The PPA contract costs
estimates are as follows:
FY l0-l I $156,677 FY I l-12 92,209,909 FY 12-13 52.649.167 Total
$5,015,752
It should be noted that BHR considers overtime an operational
issue. With contract changes to Article 43.2.2 (comp-time) Police
Bureau management (PPB) now has the ability to reduce overtime
cost. PPB has reported that officers' use of comp-time
substantially increases overtime costs. For example, when an
offrcer is awarded comp-time but must be backfilled with an officer
on overtime the cost of the absence compounds exponentially. BHR
has negotiated provisions allowing PPB latitude for denying or
canceling comp-time when it results in a need to backfill. This
should result in a dramatic reduction of overtime costs.
9. RECOMMENDATION/ACTION REOUESTED I recommend that the Mayor and
City Council ratifo this Letter of Agreement.
Sam Adams, Mayor We are an equal opportunity employer
Please notify the City of Portland of the need for ADA
accommodations no less than five (5) days prior to any
City-sponsored event by contact¡ng the Bureau of Human Resources at
503-823-3572 or the City's TTY at 503-823-6868.
City of Portland, Oregon
to l'rnancial Planning Division. Retainlver I . Name of
Initiator
Yvonne L. Deckard (JG) 2. Telephone No.
(s03) 823-4170 3. Bureau/Oflìce/Dept.
Bureau of Human Resources
January 26,2011 4b. Calendar (Check One)
Regular Consent 4/5ths EtrX
January 19,20ll
1) Leeislation Title:
* Ratify a successor Labor Agreement between the City of Portland
and Portland Police Association relating to terms and conditions of
employment of represented employees in the Portland Police
Association bargaining unit. (Ordinance)
2) Purpose of the Pronosed Lesislation:
Authorizes the Mayor and Auditor to execute a Labor Agreement
between the City and Portland Police Association relating to terms
and conditions of employment of represented employees in the
Porlland Police Association bargaining unit.
3) Rcvenue: Will this legislation generate or reduce current or
future revenue coming to the City? If so, by how much? If new
revenue is generated please identify the source.
No.
4) Expense: What are the costs to the City as a result of this
legislation? What is the source of funding for the expense? (Please
include cosls in the cunenl fiscal year as well as cosls in future
years) (If the action is related to a grant or contract please
include the local contribution or match required)
The following estitnates of costs for the Portland Police
Association (PPA) contract are based on 914 FTE and the adjustment
to their base rate of pay for PPA members. These costs do not
include potential overtime costs PPA members may earn. The PPA
contract costs estimates are as follows:
FY t0-l I $156,677 FY 11-12 52,209,909 FY 12-13 52.649^167 Total
$5,015,752
It should be noted that BHR considers overtime an operational
issue. With contract changes to Article 43.2.2 (comp- time), Police
Bureau management (PPB) now has the ability to reduce oveftime
cost. PPB has repofted that officers' use of comp-tirne
substantially increases overtime costs. For example, when an
officer is awarded comp-time but must be backfilled with an officer
on overtime the cost of the absence compounds exponentially. BHR
has negotiated provisions allowing PPB latitude for denying or
canceling comp-time when it results in a need to backfill. This
should result in a dralnatic reduction of oveftime costs.
Staffins Req uirements: 5) Will any positions be created,
eliminated or re-classified in the current year as a result of this
legistation? (.I/ new positions are created please include whether
they will bè part-time, full-time, limited term or permqnent
positions. If the position is limited term please indicate the end
of the term.)
No.
6) Will positions be created or eliminated infuture years as a
result of this legislation?
No.
Complete the following section if you are accepting and
appropriating a grant via ordinance. This section should only be
completed if you are adjusting total appropriations, which
currently only appties to grant ordinances.
7l Chanse in Appronriations (If the accompanying ordinance amends
the budget, please reflect the dollar amount to be appropriated by
this legislation. If the appropriation includes an interagency
agreement with another bureau, please include the partner bureau
budget adjustments in the table as well. Include the oppropriate
cost elements that are to be Ioaded by the Grants Ofrìce ond/or
Financial Planning. Use additional space if needed.)
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