MINUTES OF THE SPECIAL SARASOTA CITY COMMISSION MEETING OF JULY 22, 1997, AT 7:00 P.M. PRESENT: Mayor Gene Pillot, Vice Mayor Jerome Dupree, Commissioners Mollie Cardamone, David Merrill and Nora Patterson (arrived at 7:04 p.m.), City Manager David Sollenberger, City Auditor and Clerk Billy Robinson, and City Attorney Richard Taylor ABSENT: None PRESIDING: Mayor Gene Pillot The meeting was called to order in accordance with Article III, Section 9(b) of the Charter of the City of Sarasota at 7:03 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. Mayor Pillot stated that this meeting has been called to resolve the impasse issues that exist between the Southwest Florida Police Benevolent Association and the City of Sarasota. Mayor Pillot requested City Auditor and Clerk Robinson to explain the public hearing process. City Auditor and Clerk Robinson stated that parties to the impasse will have 15 minutes to address the Commission and 3.5 minutes for rebuttal; that any citizen who has signed up to speak has 5 minutes. 1. PUBLIC HEARING RE: REQUIREMENT OF FLORIDA STATUTE 447.403 (4) (C) TO CONDUCT A PUBLIC HEARING BEFORE A LEGISLATIVE BODY REGARDING THE RESOLUTION OF THE IMPASSE IN THE COLLECTIVE BARGAINING NEGOTIATIONS BETWEEN THE CITY OF SARASOTA AND THE SOUTHWEST FLORIDA POLICE BENEVOLENT ASSOCIATION, INC. - APPROVED 3 PERCENT WAGE INCREASE AND AN ADDITIONAL 1 PERCENT WAGE INCREASE RETROACTIVE TO OCTOBER 2, 1996 (AGENDA ITEM I) #1 (0060) through (1838) City Attorney Taylor stated that the City is proceeding under Chapter 447.403 of the Florida Statutes concerning resolution of impasses; that agreement was not reached on certain items during the collective bargaining process between the City of Sarasota and the Southwest Florida Police Benevolent Association, Inc. (PBA) i that at the declaration of impasse, a special master was appointed to hold one or more public hearings, determine facts, and render a decision on any and all unresolved contract issues; that the statute provides that in the event either the public employer or the employee organization does not accept, in whole or in part, the recommended decision of the special master, the matter can be referred to the City Commission for resolution, which the City Administration has done. BOOK 42 Page 15000 07/22/97 6:00 P.M. BOOK 42 Page 15001 07/22/97 6:00 P.M. City Attorney Taylor cited the following from Chapters 447.03(4) (c) and (d): The legislative body or a duly authorized committee thereof shall forthwith conduct a public hearing at which the parties shall be required to explain their positions with respect to the rejected recommendations of the special master; Thereafter, the legislative body shall take such action as it deems to be in the public interest, including the interest of the public employees involved, to resolve all disputed impasse issues. William C. Davenport, Director of Human Resources, and Mark Levitt, Attorney, Law Firm of Allen, Norton & Blue, came before the Commission to present the City's position. Mr. Davenport referred to the following two documents previously provided to the City Commission: Memorandum dated July 7, 1997, from David Sollenberger, City Manager, to the City Commissioners Recommended Decision of Special Master dated May 28, 1997 Mr. Davenport stated that the city of Sarasota and the PBA are parties to a Collective Bargaining Agreement which by its terms expires on September 30, 1997; that the contract includes an opportunity to open the contract for fiscal year (FY) 1996/97 for base rate of pay and for one other item by each party; that the following items were chosen as other items: City's item: the 11.75 hour shift associated with the District Policing Plan PBA's item: to negotiate a shift differential for the employees assigned to the 11.75 hour shift Mr. Davenport stated that the parties engaged in good faith collective bargaining and were able to reach agreement on the terms and conditions of the 11.75 hour shift (referred to as 12-hour shift) as well as a shift differential of $15 per week for employees assigned to the day shift and $20 per week for employees assigned to the night shift under the District Policing Plan; therefore, those terms and conditions of the contract are not the subject of the Commission's deliberations. Mr. Davenport continued that the issues on which the parties were unable to reach agreement and which are before the Commission for public hearing concern a wage increase and retroactivity of any wage increase; that an impasse on these issues was declared by the PBA and a hearing held by a special master appointed by the Public Employees Relations Commission (PERC). Mr. Davenport distributed and referred to a document entitled Summary of the Issues, which contained the following information: City's Position: 3 percent wage increase across the board effective on the date of contract ratification PBA 's Position: 3 percent wage increase across the board plus 1 percent departmental merit raise retroactive to October 1, 1996 Special Master: 3 percent wage increase plus another 1 percent across the board retroactive to October 1, 1996. Mr. Davenport stated that the City Administration is very proud of the men and women who make up the Sarasota Police Department (SPD) and their role in making the City a safe place for people; that the pay of employees represented by the PBA is among the top pay for comparable work in the State, which is justified by the need to attract and retain highly qualified men and women; that the survey material comparing salaries in Florida was presented to the Commission in an executive session held during negotiations and was demonstrated to the satisfaction of the special master during the mediator hearing; that the Administration believes employees in the City's police department should be well compensated; that with the city's offer for a 3 percent across the board wage increase, police officers and other employees represented by the PBA will remain among the top paid in the State for comparable work. Mr. Davenport continued that the PBA has taken the position a 1 percent special across the board merit adjustment should be received to keep equity with the non-represented employees who are able to receive merit pay for outstanding performance; that an across the board increase is not the same as merit payi that under the City's pay-for-performance plan for non-represented employees whose rated performance was not meeting expectations received no pay increase; that non-represented employees whose pertormance was rated as Meets Expectations or higher received the first-level merit pay on October 2, 1996; that only non-represented employees whose rated performance was Superior or Outstanding when rated again on their anniversary date were eligible for the second-level merit payi that an analysis of the results of the pay-for- performance system is provided on page 3 of the City Manager's memorandum dated July 7, 1997. Mr. Davenport stated further that virtually everyone recognizes varying levels of performance exist within any group of employees; BOOK 42 Page 15002 07/22/97 6:00 P.M. BOOK 42 Page 15003 07/22/97 6:00 P.M. and paraphrased the following from pages 22 and 23 of Recommended Decision of the Special Master: What remains for discussion, therefore, on anything over and above three percent is the validity of the PBA argument that the one percent merit increase should be across the board. I think not. The evidence in support of such a system is based on the concept of "team effort." But there are varying degrees of efficiency, and hence entitlement, among individual PBA members (as there is among the non-organized employees). It is a clear inequity for employees who are not performing well to benefit personally as a result of the outstanding work of a co-worker. Mr. Davenport stated that having an outstanding police department does not mean all employees are performing in an outstanding manner; that the same applies to other City departments whether represented or not for collective bargaining; that during collective bargaining negotiations, the City negotiators inquired but the PBA was not interested in negotiating a plan whereby PBA employees could potentially receive an increase to the base rate of pay as a merit raise based on a favorable performance evaluation. Mr. Davenport continued that police officers and other employees represented by the PBA are paid quite well and will continue to be paid quite well with the recommended 3 percent wage increase, which is necessary to attract and retain the best possible people required for the police department to provide excellent service; that an across the board raise of an additional 1 percent, as requested, would not provide equity but would have the opposite effect; that non-represented employees, whose feet are individually "held to the fire" get no increase if performance is not up to standard and are eligible for the first level of merit pay, which for FY 96/97 was 3 percent, only if their performance was fully satisfactory; that the additional merit pay applies only if the performance of a non-represented employee is rated highly based on specific, work-related, goal-oriented standards; therefore, the following is recommended regarding the issue of wage increase: Approve an across the board wage increase of 3 percent for employees represented by the PBA Reject the additional 1 percent departmental merit raise requested Mr. Davenport stated that the PBA is requesting any wage increase be retroactive to October 1, 1996; that the City's bargaining position throughout negotiations has been that any wage increase would go into effect upon ratification of the contract; that the PBA argued before the Special Master that the City did not make a wage proposal prior to October 1; that both parties knowingly agreed to work out the details of the 12-hour shift before attempting to settle wages; that serious discussions on a wage increase began as soon as was feasible once agreement was reached regarding the 12-hour shift; that the following is recommended regarding the issue of retroactivity: Approve the date of ratification as the effective date of any across the board wage increase Reject the requested effective date of October 1, 1996 Mr. Davenport continued that a retroactive date of October 2, 1996, which was the start of the first pay period in FY 96/97, would be more appropriate than October 1 if the City Commission elects to consider a retroactive increase. G. "Hal" Johnson, General Counsel, and Robert Gorevan, President, representing the Southwest Florida Police Benevolent Association (PBA) and Sarasota City Police Officers, came before the Commission. Mr. Johnson stated that the PBA is before the City Commission regarding impasse on two issues: Effective date of 3 percent wage increase offered by the City An additional 1 percent departmental merit raise Mr. Johnson stated that the Commission is urged to accept the Recommended Decision of the Special Master and adopt a 4 percent across the board wage increase for employees represented by the PBA retroactive to October 2, 1997, as suggested by Mr. Davenport. Mr. Johnson continued that lecturing the Commission regarding the law and the sacredness of the special master proceeding or providing a sermon advising the Commission of the rigors and dangers associated with police work is not necessary; that the PBA and the City should not be at impasse; that the issues presented should have been resolved; that the PBA is seeking fairness to and recognition of the outstanding job police officers perform for the City of Sarasota; that the Special Master found that rejecting retroactivity of the 3 percent general wage increase for PBA employees would be fundamentally unfair; that the City planned to provide PBA employees the wage increase effective October 2, 1996; that historically, wage increases for all City employees have been retroactive to the first pay period in October; that an attempt to leverage the parties into agreement is the only valid reason for not placing the offer of retroactivity on the table throughout negotiations. Mr. Johnson continued that the issue of recognition is more difficult to deal with and is the main concern of the PBA; that in comparing the wage proposals put forth for PBA employees to the BOOK 42 Page 15004 07/22/97 6:00 P.M. BOOK 42 Page 15005 07/22/97 6:00 P.M. plans in place for non-represented employees, indicates the police officers will not be recognized for work performance. Mr. Johnson cited the following from page 13 of the Recommended Decision of Special Master: (Deputy Chief of Police) Pillifant agreed that the City's Police Department was "Way above average. I would rate it as an A department... the entire department." Mr. Johnson stated that the City of Sarasota Police Department Status Report, which was previously submitted, demonstrates that police officers are performing well-above national standards: clearance rates are up, violent crime is down, and overall crime rates have fallen substantially in Sarasota; that the superior performance has occurred during a time when the number of service calls handled by the City's police officers has increased; that the City has and should be proud of an outstanding department which works well together and solves crime. Mr. Johnson continued that the City asked to negotiate the 12-hour shift, which is of some benefit to the officers but of equal or greater benefit to the City; and cited the following from page 13 of the Recommended Decision of the Special Master: Pillifant acknowledged that the new scheduling proposed by the City and accepted by PBA puts more officers on the street almost twenty four hours a day. In effect, he said that the City has avoided the cost of hiring, if that was its intent, four to six officers. After explaining the potential cost of hiring additional police officers in lieu of the 12 hour shift schedule, Pillifant agreed that the new extended shift schedule was tantamount to a $400,000 to $600,000 cost avoidance. Mr. Johnson stated that the City and PBA had worked out 95 percent of the details for the 12-hour shift by September 1996; that the one detail remaining was the wage increase; that the PBA was not offered a wage proposal comparable to the 3 percent wage increase offered to non-represented employees until November or December 1996; that an offer for a merit increase was never presented. Mr. Johnson continued that Police Administration and the Administrative Assistants who are part of the departmental team, received 3 percent wage increases and 3 percent merit increases; that the city reserved 1 percent of salaries to fund merit increases for non-represented employees; that police work is team work; therefore, the PBA requested that the City recognize and acknowledge the City's police department is functioning in a highly professional manner by initiating a 1 percent merit increase for all PBA employees; that City negotiators refused; that the Special Master viewed the additional 1 percent wage increase as an issue of fundamental fairness in recognizing police officers' efforts and in maintaining the level of employee morale necessary in a police department. Mr. Johnson further stated that the PBA is attempting to achieve fundamental fairness and recognition for police officers whose outstanding pertormance is put forth on behalf of the City. Detective Gorevan stated that the real issue before the Commission is whether to accept the Special Master's ruling in favor of a 3 percent cost of living adjustment (COLA) and a 1 percent across the board merit increase, both retroactive to October 2, 1996; that the 3 percent towards a COLA was always agreed upon as that amount was given to all City employees for FY 96/97; that the PBA feels the additional 1 percent has been earned by all members of the bargaining unit and is justified for various reasons. Detective Gorevan continued that approximately three years ago, the Police Department was given the sole responsibility of preparing and carrying out the objectives identified in an action plan prepared in response to a crime summit at which 30 organizations and representative of the SPD provided input to the Commission; that approximately one year ago, former Police Chief Gordon Jolly reported to the Commission that nearly every aspect of the action plan had been carried out with success and that the crime rate in Sarasota had decreased; that the City of Sarasota became a better place to live and was a more attractive community for residents, businesses, and tourists; that all Commissioners praised not only the report but also the employees of the SPD for a job well done; that the report, in a sense, was an evaluation in which PBA employees earned an outstanding and superior rating. Detective Gorevan further stated that the City's goals, which are prominently displayed in the Commission Chambers and have been distributed on wallet-sized cards to employees, are dependent upon a 100 percent work effort by the SPD; that the goals could never be achieved without a totally dedicated police department, which the City has; that the quality of life in Sarasota would diminish without the outstanding efforts of the SPD; that a police department cannot be evaluated based on performances of individual employees as every job is dependent upon another; that an individual merit system would be disastrous, turning each employee against the other in a working environment where a team effort is necessary to achieve goals. Detective Gorevan further stated that the City's argument has been that employees at the SPD get paid a great salary and are ranked high compared with other, departments in the State; that the PBA does not disagree; however, the City's assistance is necessary for employees to keep up with the cost of living in a county ranked fifth in the State as being the most expensive in which to live. BOOK 42 Page 15006 07/22/97 6:00 P.M. BOOK 42 Page 15007 07/22/97 6:00 P.M. Detective Gorevan further stated that the city has always agreed to pay retroactive wage increases in any year the negotiations conclude after October 1; that the City presented no wage proposals to the PBA until at least mid-November 1996; that the PBA wanted to bring the impasse issues directly to the Commission in March 1997; that the City Manager insisted on the special master proceeding for an unbiased decision. Detective Gorevan further stated that the City Manager's insisting upon no retroactivity is another point of unfairness; that the SPD works on behalf of the Commission and for the citizens; that the efforts of police officers should not be taken for granted but appreciated; that during discussions regarding the lawsuit filed against the City by the Pines of Sarasota over the installation of sewer pipes, Commissioner Cardamone had stated the two parties enjoyed such a long relationship the issue should not have led to a court case and that similar instances should be avoided in the future; that the PBA is not a nursing home and the issue is not sewer pipes; that the PBA is comprised of professional law enforcement officers doing the best job possible and as Sarasota's finest serve with excellence and pride; that for the good of the City's police department and for the good of the City, the Commission is strongly urged to accept the Special Master's recommendation. City Attorney Taylor stated that the Administration's rebuttal should be heard next; that the Commission could ask questions of the parties prior to or following public input. Mayor Pillot noted consensus of the Commission to hear public input before asking questions. Mr. Davenport came before the Commission and stated that the Administration does not disagree the City has a fine police department or argued that the quality of work is not good; however, the 1 percent proposal, as recognized by the Special Master, is not a "team" merit raise but simply an across the board increase; that merit pay is not applied across the board; that varying degrees of efficiency exist in all work environments; that other City departments also work as a team; that the points made are well taken but are not exclusive to the PBA. Mr. Davenport continued that correction of an inaccurate comment made by Mr. Johnson is necessary; that all non-represented employees did not receive 3 percent wage increases and 3 percent merit increases; that a non-represented employee who was not performing satisfactorily received no wage increase in October and no subsequent increase unless a superior or outstanding rating was received on an individual, goal-oriented pertormance evaluation; that the special master proceeding was advised by the Administration; however, he never expressed that an impartial recommendation was anticipated. The following people came before the Commission: John Caragiulo, 69 South Palm Avenue (34236), representing the Sarasota business community, stated that he has operated businesses in the City of Sarasota for nine years and currently owns two restaurants employing over 70 people; that paying employees better than employees at nearby businesses has resulted in loyalty, pride, and respect; that being the best costs a little more; that few people risk life and limb daily as part of a job; that police officers protect families, businesses, and the community from loss on a daily basis; that other City employees have received wage and merit increases; that the men and women on the streets who have worked hard at great risk to protect the well being of citizens and make the community a safe place to run a business and raise a family should not be denied the same. Steve Breakstone, representing Sarasota City Police Officers, stated that he has been a City police officer for 10 years; that the Commission should understand the difference between police officers and other City employees; that City employees work hard but do not go home at the end of the day hesitating to hold their young children for fear of transmitting tuberculosis or other diseases which could have been contracted at work; that City employees do not have to be tested on a regular basis for potentially contracted diseases; that police officers work as a team for the benefit of the community; that several years ago, the officer of the year at the Sarasota County Sheriff's Office had 10 felony arrests; that the SPD, which has 20 officers averaging over 100 felony arrests annually, is the finest and is also viewed as the best by the State Attorney's Office and judges; that criminals fear the City's police officers the most; that the PBA is requesting a 4 percent wage increase; that the 3 percent increase is not a raise but a salary adjustment to keep up with the Consumers Price Index (CPI); that the 1 percent increase is a bonus which would be appreciated; that recommending denial of retroactive pay to employees who have given 100 percent every day is a travesty; that the retroactive pay is deserved. Michael Hennelly, 3015 Ouail Hollow (34235), representing Sullivan's Irish Pubs, stated that he is the owner of Sullivan's Irish Pub and Grill, recently acquired Manatee Landings Restaurant in Palmetto, Florida, and plans to establish two more businesses in the greater Sarasota area within the next few months; that he currently employs approximately 56 people; that he formerly was a chief executive officer managing 23 factories employing 3,500 people in Ireland; that he has also operated businesses in New York and California; that the SPD is the finest police force comprised of honorable, courteous, and efficient police officers who have prevented and stopped attempted break ins at his business on numerous occasions; that team work is essential to operating a BOOK 42 Page 15008 07/22/97 6:00 P.M. BOOK 42 Page 15009 07/22/97 6:00 P.M. successful business; that across the board wage increases promote team work. Karyn Powell, 902 Faulkwood Court (34232), stated that she operates a jewlery store on St. Armands Circle; that the hard work and efforts of the SPD make the community a safe place for residents and businesses; that people tend to forget the many unpleasant issues with which police officers deal on a daily basis; that complaints are not heard from police officers, who risk life and limb on shift and sometimes after returning home, and whose families are often placed in danger; that the wage increase requested by the PBA is fair and appropriate. Linda Holland, President, 617 Gillespie Avenue (34236), Tina Riggle, Vice President, 1743 8th Street (34236), and Judy Belt, 1820 7th Street, representing Gillespie Park Neighborhood Association (GPNA). Ms. Holland stated that the GPNA supports the retroactive wage increase requested for police officers; that efforts by the SPD are critical to the Gillespie Park neighborhood; that a solid partnership developed between the neighborhood and the SPD after John Lewis was hired as Chief of Police; that Gillespie Park has benefited from the quality job performance put forth by police officers; that neighborhood monitoring would not be performed between midnight and 2 a.m. if residents did not feel safe; that the target area for the Weed and Seed Program includes Gillespie Park, Park East, and the Rosemary District; that the efforts of Lieutenant Jeffrey Palmer and Officer Corinne Panichello have made the program successful; that a police supstation/resource center has been constructed at Gillespie Park with forfeiture funds from drug arrests; that an aggressive action team has been developed to resolve neighborhood issues; that relocation of public telephones off the premises at the Quick Stop on 10th Street and at the 7- Eleven at Fourth Street and U.S. 301 was sO successful, the telephones at the Quick Stop on Orange Avenue at Fruitville Road were voluntarily relocated; that an after-school homework assistance program was established at Gillespie Park; that a similar program will be instituted at Park East in the fall; that the SPD has helped initiate numerous community activities and programs which make a difference in the neighborhood, e.g., Officer Pat Ledwith with the Neighborhood Watch, Sergeant Alfreda Jackson with nuisance abatement, James Henderson with landlord training, Robert Gorevan, Michael McHale, and Forest Paulson with Court Watch; that the efforts of the police officers are critical and important to the community; that the wage increase requested by the PBA retroactive to October 2, 1996, is reasonable, fair, and fully supported by the GPNA. Ms. Riggle stated that she is Vice President of the GPNA and is also the Assistant Coordinator for Court Watch; that prostitution and drug activity which had been occurring across from her residence was efficiently resolved by the SPD within three months; that police officers respond quickly to complaints and are admired by youth in the Gillespie Park neighborhood; that the police/community partnership established between the PBA and SPD for the Court Watch program has resulted in higher bonds, more convictions, and longer sentences for offenders; that the 4 percent wage increase requested by the PBA is supported. Ms. Belt stated that she has worked with the GPNA in various capacities for eight to ten years and has worked closely with the SPD for the last six years; that results in the Gillespie Park neighborhood have been remarkable; that the efforts of SPD police officers in supporting the GPNA have been superior; that the danger and situations with which officers are faced in making arrests have been witnessed; that the 4 percent wage increase is well deserved and supported. Pat Ledwith, representing Sarasota Police Officers, stated that he has been with the SPD for over 12 years; that the SPD has formed partnerships with various City neighborhoods; that team work is required to improve the quality of life in Sarasota; that the City's goal of being financially responsible will not be compromised by approving the 4 percent wage increase requested; that 90 percent of a police officer's time is spent dealing with people on a negative basis; that a police officer's job is difficult but also rewarding; that the Commission is requested to support fundamental fairness. Steve Shoemaker, representing Sarasota Police Officers, stated that the police officers are dedicated to serving the City and the community; that police officers who work the midnight shift will not see spouses who work or children who attend school during the day but will see potential offenders in the vicinity of residents' houses at 3 a.m.; that statistics do not show the number of crimes which are prevented by the presence of a police officer in a neighborhood or stopped before committed by police officers who report suspicious activity. Ken Henderson, 1479 Bay Point Drive (34236), stated that he has resided in Sarasota for 40 years; that his son is a police officer, and he has worked with the SPD in various capacities; that the efforts of police officers are realized and appreciated; that as a citizen, he expects proper service and performance from community service personnel; that his manufacturing company evaluates employee work pertormances based on effort put forth, efficiency demonstrated, and effectiveness of the job being performed; that based on the "three E's" evaluation system, a COLA increase is considered average performance and no increase is considered a warning; that either rating has the risk of demoralizing an employee which could result in a decreased performance; that the SPD is satisfying the "three E's" based- on input heard tonight; that the issue of retroactivity is critical to PBA employees, who are also citizens with bills to pay; that the motive behind the BOOK 42 Page 15010 07/22/97 6:00 P.M. BOOK 42 Page 15011 07/22/97 6:00 P.M. Administration's attempt to decrease the quality of life in Sarasota and to demoralize the City's police force by pushing the issues this far is not understood; that he is concerned that the Administration's actions may place him at risk, which is not appreciated. Mr. Henderson continued that the efforts of the police officers are appreciated; that the pertormance of the SPD is superior; that as a private citizen, he is requesting the Commission convey that message for him by approving a 4 percent wage increase for PBA employees retroactive to October 2, 1996. Paul Sutton, representing Sarasota Police Officers, stated that he had the opportunity to participate in the contract negotiations this year; that the experience has been frustrating and enlightening; that he is proud of the men and women who serve on the SPD; that the City's opener and the issue of the 11.75 hour shift, which has been passed over lightly, is a big issue to the police officers who will be required to work from 8 a.m. to 8 p.m. or from 7 p.m. to 7 a.m. and then subsequently appear in court; that the 11.75 hour shift will create hardships not previously encountered by the police officers; that police officers who have worked 8 hour days for 25 years will now be working 11.75 hour shifts; that dismissing the issue as small underestimates the compensations already made by the police officers; that in return for agreeing to the City's opener and negotiating in good faith, the PBA was offered no wage increase; that the City made no offer for a wage increase until November 1996; that despite numerous reports of an outstanding pertormance, the PBA has not been offered a wage increase comparable to that provided to non-represented employees; that the City's offer today is for a 3 percent wage increase not retroactive; that non-represented employees received a 3 percent wage increase effective October 2, 1996; that the City's current position lacks fairness. Officer Sutton stated that Mr. Davenport quoted verbiage from the special master's report but is dismissing the recommendations set forth by the Special Master; that the City insisted on the special master process; that the PBA volunteered to pass over the process; that the Commission is requested to approve the Special Master's recommendation for a 3 percent COLA and an additional 1 percent way increase for PBA employees retroactive to October 2, 1996. William Carman, 6901 Poinsettia Avenue, Longboat Key 34228, representing Carman Shoes, stated that he is President of the St. Armands Circle Association and of the Old Colony Building Association, which owns has approximately $8.5 million of property on St. Armands Key; that he represents his father's estate and his mother's guardianship of a business and a building on St. Armands as well as a home on Morningside Drive; that he participates on the Police Advisory Board and in the Neighborhood Watch program. Mr. Carman cited the following from a letter written by William Carman, Sr., in 1981: In the past years, we have had considerable vandalism on St. Armands Circle. The Association feels it is time to have more than one patrol car patrolling the St. Armands businesses. One patrol car does not cover the Circle of St. Armands, Bird Key, Lido, Lido Shores, and City Island. With a tax base now of over $30 million on the Circle alone, we feel that we are not getting our fair share of protection. Mr. Carman stated that the value of property on St. Armands Circle is currently $160 million; that the District Policing Plan was explained to him recently by Police Chief Lewis in response to a question regarding the provision of additional police patrolling on St. Armands Circle; that the District Policing Plan will result in additional police protection provided without additional cost and actually at a savings to the City; that no one has a more important or more dangerous job than a police officer; that the 11.75 hour shift will limit family time; that the 3 percent wage increase is supported by a considerable number of St. Armands merchants who are satisfied with the SPD's work performance and view the increase as deserved. Clifford Cespedes, representing Sarasota Police Officers, stated that he has a wife, Carman, and three daughters: Jessica, age seven, Angelica, age four, and Grace, three months old; that he has been a police officer for approximately 6 years, serving Sarasota for the past 2 years; that he relocated to Sarasota from Chattanooga, Tennessee; that the efficient work effort, morale, and leadership at SPD is impressive compared to the police department in the City of Chattanooga. Officer Cespedes continued that after reading a story and tucking his daughters into bed nightly, he dresses for work, putting on a bullet-proof vest, uniform, badge, and gun; that his daughter Angelica often greets him at the door tearfully questioning "Am I gonna see you tomorrow?"; that dealing with such family issues is another part of a police officer's job. Officer Cespedes requested that the Commission honor the Special Master's recommendation; and stated that he is proud to be a part of the SPD team and is looking forward to serving the Commission, the City, and the people of the community for many years to come. Sandra Vaughn, 2135 4th Street, representing Park East Neighborhood Association. and Carolina Esparza, 2134 4th Street (34237). Ms. Vaughn stated that the Park East Neighborhood Association supports the 4 percent wage increase for PBA employees; that Police Chief Lewis assisted the Association in establishing a task force; that the work pertormance of the SPD make residents in Park East feel safer; that Carolina, who was at home with her older sister, BOOK 42 Page 15012 07/22/97 6:00 P.M. BOOK 42 Page 15013 07/22/97 6:00 P.M. experienced the efficient work of the SPD after reporting noises heard on the roof; that police officers responded within minutes; that the police responded quickly when a break in at her residence was reported; that police officers patrol regularly and are part of the neighborhood; that Police Chief Lewis, Detective Henderson, and Sergeant Jackson have attended the majority of the task force meetings. Ms. Vaughn continued that she runs a program for youthful offenders in seven counties, one of which is Sarasota County; that a Sarasota police officer volunteers two hours of personal time to teach a law-related education program; that the dedication of Sarasota police officers is appreciated; that the 4 percent wage increase is deserved. Mrs. Forest Paulson, stated that her husband is a Sarasota police officer; that Mr. Davenport questioned whether other City employees should be less recognized than the police officers; that she worries daily whether her husband will return home safely; that family conversations revolve around police work; that police officers spend many holidays away from their families and staff major events held in Sarasota; that she has been married for 11 years and has spent many hours at home without her husband; that police officers should be viewed as a little bit more special than other City employees. Billy Phillips, representing Sarasota Police Officers, stated that he has resided in Sarasota for 35 years, serving the City on the SPD for 16 years; that the SPD has responded efficiently to his residence when called although he did not identify himself as a police officer; that the police efforts in the community make him proud to be a member of the SPD; that differences experienced by police officers are put aside and a team effort put forth when situations requiring police assistance arise; that police officers are on duty 24 hours a day, 7 day per week, 365 days a year; that citizens approach police officers who are dining with their families; that neighbors who see a police vehicle parked in a driveway stop by to ask questions or request assistance; that police officers are dedicated, serving the City and the community whether on duty or off duty; that he received a commendation for an incident which occurred while he was off duty; that police officers volunteer time in the community, i.e., tutoring at the Newtown Community Center; that a retroactive 3 percent wage increase is deserved; that an additional 1 percent incentive increase would be appreciated for the high performance the City continuously receives from Sarasota police officers. Alfreda Jackson, representing Sarasota Police Officers, and her five-year-old daughter Alicia. Sergeant Jackson stated that she is a mother with four children ranging in age from 5 to 20; that she has been a Sarasota police officer for approximately 8 years; that the job impacts not only police officers but also the families and friends of police officers; that police officers do not have personal lives similar to those of other City employees who work normal hours; that police officers' schedules and days off vary from month to month, which prevents participation in bowling or softball leagues and makes participation in church activities difficult; that she also works the midnight shift and is met at the door by her young children when leaving for work; that her husband, who was an independent operator, a position which also required time away from the home, changed professions and reduced work hours sO she could maintain her career; that having two parents away from a home with four children does not work; that her eldest son has gone astray and gotten into trouble; that police officers are human and in addition to the dangers faced daily have the same concerns, hurts, and problems other employees experience in their personal lives; that while she is protecting citizens and giving her utmost for the community, she is not able to be at home looking after her own family; that often times, depending on shift assignments, she will not see her children for two or three days; that the 12-hour shift will have a greater impact on her family; that her husband will be required to further his reduce work hours or possibly stop working; that regardless of the schedule, whether 8 a.m. to 8 p.m. or 7 p.m. to 7 a.m., she will not be able to say good-bye or greet her children when leaving or returning from school or spend time with her family during dinner; that other City employees do not experience similar situations. Sergeant Jackson further stated that many people would not subject themselves to the situations with which police officers are faced; that enough cannot be said about the dedication of Sarasota police officers; that the police officers love their jobs; that regardless of the Commission's decision, the SPD will continue to work in an outstanding manner for the citizens of Sarasota. There was no one else signed up to speak and Mayor Pillot thanked the speakers for the courteous and constructive remarks. On motion of Commissioner Patterson and second of Vice Mayor Dupree, it was moved to approve a 3 percent wage increase for PBA employees retroactive to October 2, 1996. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. Mayor Pillot requested Commission discussion regarding the additional 1 percent wage increase. Vice Mayor Dupree stated that he has resided in Sarasota for 59 years; that negative dealings with police officers are not recalled; that Commissioners, who sit before large groups of citizens without the benefit of defense training, understand better than most the risks involved with public service; however, BOOK 42 Page 15014 07/22/97 6:00 P.M. BOOK 42 Page 15015 07/22/97 6:00 P.M. no one other than a police officer can truly understand the perils police officers endure on the street; that the impacts on family members and family life has been referenced; that the dedication of the police officers is not questionable; that he believes, regardless of the Commission's decision, the SPD will continue to perform a "top-notch" job. Mayor Pillot stated that the issue of equity for all employees has always been important to him; that something clearly should not be done for one group of employees which is not done for other groups of employees, given similar circumstances of jobs; that team effort is critical in police work; that one police officer continuously depends on another; that team effort is put forth in all City departments; however, the team effort required in public safety organizations, which includes the protection of life, is considerably greater than covering for another employee or assisting during a time of extra work in the office; that the backup material references the average annual increase for non- represented employees as .755 percent; that he predicts the average overall increase would exceed the 1 percent increase requested if the pay-for-performance system were in effect for PBA employees; that equal pay raises for employees performing at varying levels of efficiency could be perceived as a morale negative; however, reference was made that a pay-tor-pertormance system would not be appropriate for PBA employees based on the team effort concept. Mayor Pillot continued that a number of residents and members of the business community spoke in favor of the additional 1 percent wage increase requested by the PBA. Mayor Pillot read the following letter dated July 22, 1997, received from Paul Thorpe, Executive Director, Downtown Association of Sarasota: The Downtown Association encourages the Commission to go forward and allocate the 4 percent raise requested by the Sarasota City Police Department. We feel this cost of living increase is reasonable and deserved. Mayor Pillot stated that the Administration has provided a recommendation to the Commission; that the competence and responsibility to the general public of the Administration is respected; that he rarely goes against the recommendation of the City Manager; however, this is one of those occasions. On motion of Mayor Pillot (who passed the gavel to Vice Mayor Dupree) and second of Commissioner Merrill, it was moved to approve an additional 1 percent across the board wage increase for PBA employees. Commissioner Cardamone stated that some police officers are known personally from attendance at neighborhood meetings; that she is aware of the work being performed and the respect the community has for City police officers; that she came to this meeting prepared to vote in favor of the retroactive 3 percent wage increase and to listen to the presentations and input received before making a decision regarding the additional 1 percent wage increase; that based on the information received differentiating the roles of police officers from the roles of other City employees, the additional 1 percent wage increase will be supported; however, she has difficulty designating the raise as an across the board merit increase; that alternative verbiage should be used. Commissioner Patterson stated that she has resided in the City for 27 years and agrees Sarasota police officers are the best; that the SPD has always been viewed as a superior group of people who really care about the City and perform their jobs well; however, along with having a superior police force, the City of Sarasota also has other distinctions; that the City of Sarasota has the highest starting salaries in the State for police officers and the 10th highest salaries for upper-ranking police personnel; that the citizens and members of the business community have spoken in favor of the increase for PBA employees; however, the level of salaries for police officers should be considered in comparison to other City distinctions; that he City is the most highly taxed jurisdiction in the area; that the income level in the City is 20 percent lower than in the County; that the average home price in the City, which includes the mansions on the waterfront, is 20 percent lower than in the County; that 50 percent of the ad valorem taxes are budgeted in the General Fund for police services; that the Commission has to consider the issue of fairness not only to the police officers but also to the taxpayers; that the request for a 1 percent wage increase is reasonable; however, approval of the increase will affect the City's budget which, as proposed for FY 97/98, is balanced; that the increased cost to the City will be recurring; that the Commission may chose not to raise taxes to cover the costs this year; however, a funding mechanism will have to be identified for the increased cost. Commissioner Patterson continued that the distinctions between police officers and other employees which have been presented tonight are understood; however, approving an additional 1 percent wage increase for the PBA employees will cause other dedicated employees, e.g., the Refuse Equipment Operators collecting garbage, who have a high incidence of accidents and deal in a distasteful task, to question why all City employees except those represented by the Teamsters received an incentive raise; that the result will be the Teamsters coming forward asking for fairness; and requested the following: BOOK 42 Page 15016 07/22/97 6:00 P.M. BOOK 42 Page 15017 07/22/97 6:00 P.M. 1. The total cost to the City for FY 96/97 and FY 97/98 if the 1 percent proposal for PBA employees is approved. 2. The total cost to the City for FY 96/97 and FY 97/98 if an additional 1 percent wage increase is approved for Teamsters employees. Gibson Mitchell, Director of Finance, came before the Commission and stated that the 1 percent wage increase for PBA employees equates to $90,809 for one year; that the expense for FY 96/97 would have to funded from the General Fund Balance if the increase is approved retroactive; that the $24,000 excess in revenues over expenditures as presented in the proposed FY 97/98 budget would be reduced to a $72,000 deficit in revenues over expenditures if the 1 percent wage increase for PBA employees is approved; that he was not prepared to answer the question regarding Teamsters employees; however, could estimate the cost of providing a 1 percent across the board wage increase to Teamsters employees to be approximately $90,000 for one year. Commissioner Patterson stated that providing a merit plan for represented employees was an issue raised when the pay-for- pertormance plan for non-represented employees was approved; that Staff had indicated the PBA and Teamsters unions would never agree to a merit plan; that the Special Master recommended the 1 percent across the board increase for PBA employees on the basis of fairness with the hope a comprehensive merit plan would be negotiated next year; and asked if the Special Master provided direction on the development of the merit plan? Mr. Davenport stated no; however, the written recommendation implies a merit plan based on individual performance. Commissioner Patterson stated that such a merit plan has clearly been rejected. Mr. Davenport stated that in his opinion, the Special Master's "hope" is not feasible; that the PBA was not interested in discussing a pay-lor-Perrormance plan during negotiations this year; however, the concept was not rejected for next year. Commissioner Patterson asked if methods other than an individual evaluation or the possibility for management to withhold merit pay from an employee whose performance was truly below standards were discussed with the PBA? Mr. Davenport stated no. Commissioner Merrill stated that Commissioner Patterson has attempted to explain the basis for the Administration's recommendation; that the vote the Commission is about to take will ultimately cause the elimination of the pay-for-performance plan; that pay-for-performance was a key issue of Commissioners in the past; however, merit pay plans do not work well in government; that an individual merit plan could affect the team work required within a police department; that the Commission, which created an inequity by approving a pay-for-performance plan only for non-represented employees, essentially has no other choice than to support the additional 1 percent wage increase for PBA employees. Commissioner Merrill continued that the rate of salaries is becoming a national issue as police officers are faced with more and more risks; that a general employee does not run the risk of being sued personally for an activity performed on the job, which could result in a depletion of life savings or time spent in jail; that police officers' salaries are likely to rise higher than inflation in future years; therefore, providing a slightly higher than average CPI increase to PBA employees is justified; however, the real issue is providing equity among all City employees; that the proposed budget can be reviewed; that funding for certain new programs or other items planned for inclusion may have to be reduced; however, funding should be identified to provide a 1 percent incentive wage increase for the PBA and Teamsters employees. Commissioner Merrill further stated that the City is attempting to reduce taxes to attract more people into the City's middle- class neighborhoods; that not including taxes for the school system, a City resident currently pays double the taxes of a County resident to receive municipal services; that the police department is the City's biggest expense; that between 50 and 60 percent of the budget is dedicated to the police department; that the high percentage has a major impact on taxes; however, the Commission, Administration, and citizens appreciate the excellent work pertormance of the police department. Mayor Pillot stated that collective bargaining is a process based on strategies; that as the PBA representatives negotiated the position supported by the PBA membership, City Administration negotiated the position supported by the Commission; that PBA employees should understand that the recommendations made to the Commission, which obviously will not be accepted, were made based on a great deal of administrative expertise and following instruction by the Commission. Mayor Pillot continued that the relative ranking of Sarasota police officers to others in the State is not viewed as an issue; that he feels the Sarasota police officers should be the highest paid in the United States, with the exception of some places where the rigors of police officers may be more intense than in Sarasota, e.g., New York City; that the Commission should determine the level of pay all City employees should reçeive based on the information presented in totality and then identify revenues to pay those salaries, whether doing sO is politically expedient or not; however, limitations on dollars exist both in the private sector and certainly in the taxed-supported, public BOOK 42 Page 15018 07/22/97 6:00 P.M. BOOK 42 Page 15019 07/22/97 6:00 P.M. sector; that, pragmatically, limits exist on the level of salaries police officers can be paid; that, philosophically, the salaries could never be too high. Mayor Pillot further stated that the City can afford to provide a 1 percent incentive raise to PBA employees; that the proposed FY 97/98 budget was presented with approximately 15 percent in budgeted reservesi that an unbalanced budget may result in FY 97/98 unless funding for other programs is eliminated, which he does not support, or the increased cost is funded from budgeted reserves, which is his preference. Commissioner Patterson stated that the Commission was advised by the City Attorney not to comment on issues raised in documents, in the newspaper, and to citizens, which was difficult, especially when statements viewed as inaccurate were read or heard; therefore, she feels compelled to address one issue referenced in the newspaper regarding the City's ability to lower the millage rate as a result of the Fire Department consolidation and referring to the Commission as being "tight fisted" in a desire to keep the PBA employees' wage increase to a minimum; that few police officers reside in the City; and therefore, may not realize the actual effects the Fire Department consolidation has had on city property owners; that the consolidation of fire services with the County did result in an ability for the City to lower the millage rate, which will be reduced further this year, next year, and the year after; however, the City will still remain the highest tax-paying jurisdiction in the area; that, in addition, City property owners were assessed a fire fee, which for many residents was higher than the * ad valorem tax reduction generated by the reduced millage rate; that many property owners will not realize any savings until next year; that the property owners who were paying little in ad valorem taxes are now required to pay more on the total tax bill; that the Commission is encouraging annexation in an effort to expand the tax base so the City can remain viable; that convincing property owners to vote in favor of annexing into the City and paying additional taxes is difficult; that property owners who are considering annexation will review the City's expenditures; that the largest percentage of the City's taxes is expended on salaries; therefore, decisions regarding salaries cannot be considered lightly; that she has always been proud of the Sarasota Police Department and believes employees should share in good economic times; that the financial status of the City can support the PBA's request; that the additional 1 percent pay increase for PBA employees will be supported. Commissioner Merrill stated that police officers are admired in the community; that many residents have suggested the establishment of a City residency requirement for police officers; that the presence of a police vehicle in a neighborhood provides a sense of safety to residents and improves property values; that an incentive program developed to encourage residency by police officers in City neighborhoods includes loan provisions and the ability to take home police vehicles; that he is opposed to a residency requirement but encourages Sarasota police officers to consider City neighborhoods when looking to purchase a home. Commissioner Cardamone stated that Commissioner Merrill's comments are supported. Vice Mayor Dupree called for a vote on the motion to approve an additional 1 percent across the board increase for PBA employees. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. City Auditor and Clerk Robinson asked if the intent of the motion was to apply the 1 percent wage increase retroactive? Mayor Pillot stated yes; that the intent was to make all wage increases retroactive to October 2, 1997. Detective Gorevan stated that the police officers came to the meeting with mixed emotions and high expectations; that the PBA has always attempted to be fair to the City during negotiations; that the PBA employees look forward to many more years of serving the City of Sarasota; and expressed thanks to the Commission for the action taken. 2. ADJOURN (AGENDA ITEM III) #1 (1840) There being no further business, Mayor Pillot adjourned the special meeting of July 22, 1997, at 9:25 p.m. 1 H GENE PILLOT, MAYOR SOTA ATTESTS - t? Re A BILLY EG ROBINSON, CITY AUDITOR AND CLERK 6 7. BOOK 42 Page 15020 07/22/97 6:00 P.M.