Antioch Finalizes Police Contract, Mayor Wright Says Contracts Will Hurt City

On Tuesday, the Antioch City Council approved contracts with Antioch Police and multiple labor unions in a 3-0 vote with both Mayor Sean Wright and Mayor Pro Tem Lamar Thorpe abstaining.

Prior to the vote, both Wright and Thorpe explained their concerns with the contract, but highlighted how they were not a part of the process and would not be appropriate to vote. Wright noted the actions Tuesday were more symbolic than anything.

Back in November, the council voted unanimously to approve labor agreements with four labor unions which included:

• Confidential Unit
• Operating engineers Local Union 3
• a side letter with the Antioch Police Officers Association regarding non-sworn police dispatcher classification salaries
• a tentative agreement with the Antioch Police Officers Association
• Antioch Police Sworn Management Association.

Mayor Wright highlighted that he did a lot of due diligence and asked for legal opinions. He confirmed at what point the agreement became a binding contract which was at the tentative agreement.

“Basically when our council made the tentative agreement approval (in November) that according to the State of California that is a binding contract. I then went to outside council and asked for a second opinion and received the same response,” said Wright. “The MOU process we are doing tonight is more symbolic than it is binding.  If we were to push forward and get three votes to not pass this MOU we would open ourselves up as a city to huge litigation where we do not have case law behind us and we would lose.”

Wright said he had concerns with the agreement.

“Looking at the contracts as such, these are contracts that are going to hurt us going forward. Those that see them as being financially binding to us as a city they are tying in our hands. We are going to be in a rough place and in three years if Measure C does not pass, we will not be able to afford these contracts,” said Wright. “At which point we will have to sit down and go through it.”

Mayor Pro Tem Lamar Thorpe highlighted he was not a part of the negotiations so he would abstain from voting but had concerns.

“I will be abstaining from these votes because I don’t think it’s right as someone who was not a part of these negotiations and closed sessions to have those opinions,” said Thorpe. “But having read this, I have to say that Measure C does expire in 3-years and there is no money to fund this beyond 3-years so that is very concerning to me. We have gone back and forth on the new educational benefit from $2,500 annually to 5% of your base salary so that is concerning to me.  There were a lot of concerning things for me so I’d have a difficult time voting for it if I was in the position to do so.”

However, prior to both Wright and Thorpe speaking, both councilmembers Tony Tisacreno and Lori Ogorchock believed the city and labor unions negotiated in good faith and it was a good deal for all sides.

Councilman Tiscareno said he believe they were doing the right thing because they have one of the best police forces in the State of California and are risking their lives for not a whole lot of money.

“There is a process that has to be done, the city of Antioch has to bargain with its employees whether it’s the police department or public works department but we have to bargain in good faith with our employees and I believe we have done so,” said Tiscareno.  “Whether we agree or disagree, that process is going to go on for years to come just like the past. The process was done and all parties negotiated in good faith and we stayed within a budget that is controllable.”

He also highlighted how they are understaffed and they are working overtime just to provide a safe city.

Ogorchock also felt like the contracts were faire

“We did it in good faith, listened to all parties and negotiated fairly for the city,” stated Ogorchock. “I believe the city is moving in a positive direction. I see a lot of change and a lot of positive change. I am pleased with the way this is going. I am pleased with this process.”

The MOU passed in a 3-0 vote with Wright and Thorpe abstaining.

Here is a quick look at the labor negotiation agreement:

The Confidential Unit
According to the staff report, this contract will run from Oct. 1, 2016 through Sept. 30, 2021. The estimated fiscal impact of the Confidential Unit Tentative Agreement for FY2016/17 is $28,903. They will see a 2.5% raise in 2016 and a 3% raise in 2017 with raises between 2% – 3% through 2020.

Operating Engineers, Local Union No. 3
According to the staff report, this contract will run through Sept. 30, 2021. The adopted FY 2016/17 budget included a projected package cost for this bargaining unit, as negotiations were underway when the budget was being prepared. The estimated fiscal impact of the Local 3 Tentative Agreement for FY2016/17 is $113,524 of this amount $55,073 is General Fund. They will see raises between 2.50% to 3% over the next 5 years. Their vacation accumulation cap is now 21-months.

Antioch Police Officers Association (APOA) – Non-Sworn Police Dispatcher Classification Salaries
The adopted FY 2016/17 budget included a projected package cost for this Bargaining Unit, as negotiations were underway when the budget was being prepared. The estimated fiscal impact of the APOA Side Letter for FY2016/17 is $100,816. Under the agreement, Effective the first full payroll period after September 1, 2016, the salary schedules for all Police Dispatcher Classifications shall be converted from a six step scale to a five step scale. Effective January 1, 2017, a new step F (5%above step E) shall be added to the salary schedules for all police dispatcher classifications. All dispatch employees who are at step E and step F of the previous salary schedule for at least 12 months shall move to step F on the new scale.

Antioch Police Officers Association (APOA)
According to the staff report, the adopted FY 2016/17 budget included a projected package cost for this bargaining unit, as negotiations were underway when the budget was being prepared. The estimated fiscal impact of the Tentative Agreements for FY2016/17 is $1,579,605.

Tentative Agreements have been reached. The major terms of the Tentative
Agreements are:

• Five-year contract ending August 31, 2021.
• Sworn; 4.5% wage increase effective the first full pay period after September 1, 2016.
• Sworn; effective the first full pay period after September 1, 2016 the employee shall pay an additional 2.5% of the City’s PERS contributions in a tax deferred manner (bringing the Total paid by the employee to 11.5%)
• Non-Sworn, CSO classification 2.5% wage increase effective the first full pay period after September 1, 2016.
• Sworn; eligible for 5% differential pay only during those times when they are acting as Field Training Officers (FTO).
• Lead Police Dispatchers and Police Dispatchers shall be eligible for 5% differential pay only during those times when they are acting as Communication Training Officers (CTO).
• Effective September 1, 2016, sworn employees in the classification of Police Officer, Police Corporal, and Police Sergeant shall receive educational incentive pay as a percentage of base monthly pay as follows: AA Degree 2.5%; BA/BS Degree 5%.
• Effective September 1, 2016, non-sworn employees in the classification of Police Dispatcher and Lead Dispatcher shall receive educational incentive pay as a percentage of base monthly pay as follows: AA Degree 2.5%; BA/BS Degree 5%.
• Effective September 1, 2016, non-sworn employees in the classification of Community Services Officer shall receive educational incentive pay for possession of an Associate or Bachelor’s degree as follows: AA Degree $75 per month; BA/BS Degree $105 per month.
• Effective September 1, 2016, sworn employees in the classification of Police Officer, Police Corporal, and Police Sergeant shall receive educational incentive pay as a percentage of base monthly pay as follows: POST Intermediate Certificate 2.5%; POST Advance Certificate 5%.
• Effective September 1, 2016, non-sworn employees in the classification of Police Dispatcher and Lead Dispatcher shall receive educational incentive pay as a percentage of base monthly pay as follows: POST Intermediate Certificate 2.5%; POST Advanced Certificate 5%.
• Employees may accumulate no more than ninety (90) hours of compensatory time. Any time above ninety (90) hours shall be paid. Such time off shall be taken upon the request of the employee with the approval of the Department Head.
• With the Department Heads approval, employees will be allowed to “cash out” up to sixty (60) hours of their accrued compensatory time during each calendar year.
• Employees may cash out up to 40 hours of accrued vacation leave once each calendar year. Employees must retain at least 80 hours of accrued vacation leave after cashing out vacation leave. Employees who desire to cash out accrued vacation leave must make an irrevocable election in November of the preceding calendar year and identify the number of accrued vacation leave hours they desire to cash out. The employee shall select which pay period they desire to receive the cash payment of either the pay period which includes June 1 or December 1 of the subsequent calendar year. As an example: An employee makes an irrevocable election in November of 2016 to cash out the 40 hours of accrued vacation leave. The employee can choose to have the 40 hours paid in the pay period that includes June 1, 2017 or the pay period that includes December 1, 2017. The employee cannot split the 40 hours (i.e., 20 hours paid in the pay period that includes June 1, 2017 and December 1, 2017).

Antioch Police Sworn Management Association (APSMA)
The adopted FY 2016/17 budget included a projected package cost for this Bargaining Unit, as negotiations were underway when the budget was being prepared. The estimated fiscal impact of the Tentative Agreement for FY 2016/17 is $12,063.

A Tentative Agreement has been reached. The major terms of the Tentative Agreement
are:

• Five-year contract ending February 28, 2022.
• Effective the first full pay period after March 1, 2017, salaries shall be increased
  by three percent (3.0%).
• Effective the first full pay period after March 1, 2017 sworn classic and legacy
  employees shall pay an additional 3.0% of the City’s PERS contributions in a tax
  deferred manner (bringing the Total paid by the employee to 12.0%)
• The Lieutenant assigned in writing to the Investigations Division shall receive a
  differential of 5.0% of the employee’s base salary for all hours worked in the
  Investigations Division.
• Effective September 1, 2016, sworn employees in the classification of Police
  Officer, Police Corporal, and Police Sergeant shall receive educational incentive
  pay as a percentage of base monthly pay as follows: AA Degree 2.5%; BA/BS
  Degree 5%.
• APSMA members are eligible for educational incentive pay under the current
  Police Educational Incentive Program. Specifically 2.5% for an AA Degree; 5.0%
  for a BA Degree and 7.5% for a MA Degree.
• The City shall provide 3 floating holiday in a calendar year; however, except that
  employees with less than 6 months’ service in a calendar year but at least 2
  months’ service are eligible for only one. Floating holidays must be taken within
  the calendar year earned and in full-day increments.
• Employees may cash out up to 60 hours of accrued vacation leave once each
  calendar year. Employees who desire to cash out accrued vacation leave must
  make an irrevocable election in November of the preceding calendar year and
  identify the number of accrued vacation leave hours they desire to cash out. The
  employee shall select which pay period they desire to receive the cash payment
  of either the pay period which includes June 1 or December 1 of the subsequent
  calendar year. As an example: An employee makes an irrevocable election in
  November of 2016 to cash out the 60 hours of accrued vacation leave. The
  employee can choose to have the 60 hours paid in the pay period that includes
  June 1, 2017 or the pay period that includes December 1, 2017. The employee
  cannot split the 60 hours (i.e., 30 hours paid in the pay period that includes June
  1, 2017 and December 1, 2017).
• Funeral Leave. Time off with pay to arrange and attend funerals and related
  services of immediate family members (spouse, domestic partner, children, step
  children, father, step father, mother, step mother, brothers, sisters, mother-in-law,
  father-in-law, sister-in-law, brother-in-law, grandparents, spouse’s grandparents
  and grandchildren) shall be allowed.