Gilbert · 2024-09-10 · work_session
Study Session - 9/10/2024 5:15:00 PM
Summary
Summary of Decisions and Notable Discussions
- Presentation on Meet and Confer: The council discussed the meet and confer process relevant to Gilbert's Police and Fire labor associations, emphasizing its importance for formal negotiations regarding employee relations.
- Historical Context: The meet and confer process was first established in 2007 but was allowed to expire in 2014 after a political shift in council. The recent discussions aim to re-establish this process.
- Labor Management Relationship: The meeting highlighted the positive impact of existing informal labor management meetings and the potential benefits of formalizing the meet and confer process.
- Concerns About Costs: The financial implications of implementing the meet and confer process were discussed, with estimates around $30,000 annually for the meetings alone, excluding potential legal costs and additional administrative expenditures.
- Legal Considerations: The town's legal team warned about potential challenges related to the meet and confer process, particularly regarding compliance with state law and the risk of legal disputes as seen in recent court cases.
Overview
During the study session on September 10, 2024, the Gilbert town council engaged in a comprehensive discussion about the reintroduction of the meet and confer process for labor negotiations with Police and Fire associations. The session covered the historical context, current labor management practices, and potential benefits of formalizing negotiations. The council emphasized the importance of collaboration while also being cautious about the financial implications and legal considerations tied to such a process.
Follow-Up Actions and Deadlines
- Further Analysis Required: The town manager's office will provide a detailed cost analysis of the current labor meeting practices versus the proposed meet and confer process.
- Legal Review: An examination of legal implications surrounding the meet and confer process will be conducted to ensure compliance with state laws and avoid potential challenges.
- Future Council Discussions: Additional discussions will be scheduled to gauge council consensus on moving forward with the meet and confer process and address any further questions or concerns raised during this session.
Transcript
View transcript
e e e e e e e good evening everyone if you'd like to take your seats make sure that your cell phones are pleased turned to silent or off we I'll go ahead and call this study session to order is Tuesday September 10th 2024 we have one item on our agenda this evening presentation and discussion on the meet and conferred process with Gilbert Police and Fire labor associations staff I believe that you're going to kick off this presentation this evening thank you mayor members of the council yeah we've got a lot of information to cover with you tonight we're going to have a number of our uh team members legal our two chiefs representatives from our labor associations and then HR to cover a Iona State statutes as they govern what is in common vernacular referred to as public sector unions the statute referred to it as a meet and confer process so we'll walk you through that and the steps that uh are part of that we'll walk you through the history of meet and confer and Gilbert talk about the differences between formal and informal processes we'll hear from Gilbert Fire and PD labor Association Representatives we'll talk about our current compensation and benefits philosophy as a town and then there's been some recent Supreme Court ruling that have some impact on meet and confer in Arizona that legal will run through as well but with that I'll go ahead and turn it over to uh legal and we'll get the discussion started when he said legal it's because he can't remember your name I'm just wasn't that obvious I know you to well Patrick thank you for that oh it's true study session we can be a little fun sorry it's study session we can be a little fun yes thank you uh mayor and Council and manager Baner I am Amanda Jenkins U an assistant Town attorney um and I'm going to be presenting our first few slides here uh which just give a general overview of the terms that we're going to be using and the town's own history with the meet and confer process uh so first up we have our definitions can you oh I have the clicker okay sorry I haven't done this before it it's your first time presenting with us isn't it a yes at a council meeting okay what am I doing wrong did they give you a secret word that you had to say all right no um all right meet and confer is Arizona's version of public labor union negotiations so what meet and confer is is a formalized process that would be codified into city or town code uh that establishes specific procedures by law for negotiation of employ ment and Personnel issues and meet and confer then would replace any informal or currently practice discussion of employment and Personnel issues and it limits them to those procedures that we establish by law typically the goal of a meet and confer is to create or finalize a contract known as the memorandum of understanding orou theou then documents and details all of the employment related concerns that have been discussed and mutually agreed upon during that meet and confer process and then finally although the mutually agreed mou is created during the meet and confer process it's not final or binding until Council has approved it and then a general overview of how meet and confer would work uh for Council and the town uh for as for Council council's role would first be to approve an ordinance adopting the meet and confer procedure and then finally after all of the negotiations are settled Council would consider the final proposed mou that results from those meet and confer negotiations um the role of management and staff here at the Town first management would develop the procedures for the meet and confer process in accordance with the ordinance um and then staff and management participate in scheduled usually weekly or bi-weekly negotiations about the proposed mou historically the town manager did not participate in that part of the process but Town staff was very much involved and then finally once all of those negotiations are concluded and a final mou is agreed upon by all sides thatou would be presented to council by the manager's office um the role of the labor associations uh historically the labor associations uh have been responsible for producing that initial memorandum of understanding uh to start off the negotiations and the labor Association participate in those scheduled weekly or bi-weekly meet and confirm negotiations to negotiate um the theou going forward and then the typical guard rails of theou they usually last uh two to three years some have been as short as one year but commonly it's a 2 to threee mou and once thatou has been approved by Council it's closed uh once approved and so it's also those employment and Personnel issue negot iations are closed until the next process to to negotiate them and it becomes a binding contract that all the parties must follow now Gilbert has had meet and confer in the past um just to go way way back we the town of Gilbert's Police Department was organized in 1977 and the fire department was organized in 1993 um but we didn't have meet and confer until November 13th 2007 and that's when Council approved our first meet and confer ordinance for employee labor associations and that included police fire and all other employees not in supervisory roles so there were three labor associations that met and conferred uh with Town management at that time uh the ordinance at that time time was quite long it contained thorough instructions for the entire meet and confer process um and then notably it had a sunsetting provision that would end meetting negotiations from 2008 to 2013 um we know from from our notes on the time period that uh Town management met with the labor organizations weekly for approximately six months to negotiate the first mou that went from 2009 to 201 10 and they um they then had I think by annual M after that then finally on May 16th 2013 Council accelerated the Sunset date of the ordinance moving it up by six months um and that then existing mou was set to expire on June 30th 2014 uh and meet and confer at that point was allowed to expire and then finally in February of 2020 uh Council approved the deletion of section 2- 62 which was our meet and confer ordinance in its entirety just to update the code to not have an expired policy in there so that was our history of meet and confer do you have any questions thus far seeing none all right thank you greetings mayor council she soberg and I are going to present on the next few slides uh just giving some additional updates and information about the process of the mou I want to talk a little bit about uh the transition period after uh the ordinance was repealed in in 2013 um at this point the town was committed to ensuring that the benefits held within that last mou were rolled into the Personnel rules and administrative guidelines at the time uh so there was a partnership between Labor Management teams and the HR team to review all those provisions and try to do the best that the team could to ensure those benefits were applied um in the Personnel rules and the guidelines a lot of collaboration between the two teams to go through the language and figure out the most effective way to put those benefits into our existing rules and guidelines uh second part that we developed after this was an interest-based policy this is specific uh to the fire department I want to talk just a bit about what that means to say interest based and a policy in in decision-making um really it's about collaborative efforts to try to uncover win-win situations and solutions to problems when we do this we essentially discuss what any issue on any particular cic excuse me what any issue is on a particular topic and with that we need to disclose why that issue was important those are the interests related to it both sides whether in a labor management process or in a defined uhou process essentially come forward and say this is why this issue is important both sides disclose that typically what we find in an effective interest-based discussion is that there are many shared interests between the parties an example of a shared interest between labor and management we all are here to serve and protect our members our resident and our businesses everyone can agree that that's a shared interest and really is at the center of what we do and all the decisions we make including the Das here today so as we work through that we try to find again what are the shared interest and which ones are not shared because there will be some from there now we get to Solutions and this is important part of the process that we just don't go to make Solutions without having some discussions about why it's important on all parties and discuss the implications we develop multiple Solutions and then we balance those solution and say which solution satisfies the most interest of both parties typically that's the decision or solution that's best suited because it answers most of those interests generally it's effective you get transparent conversations that build trust among two parties so that's kind of the when you hear interest based in discussions uh what we kind of Define those terms and how they can be very effective no matter what process um Council decides is appropriate uh for the town of Gilbert um from there we also at direction from Town Council through our town manager to initiate regularly occurring meetings between fire department leadership Police Department leadership and the labor leaders um at the time Chief Joe Bush began meetings with the labor president at the time weekly um upon myself becoming fire chief we expanded that a little bit uh from the very first weeks expanded to meet with myself and the labor leadership team which is typically three members uh since then after about a year or so we decided to expand that out further where to myself and my two assistant Chiefs which collectively we call Senior staff meet every Wednesday or nearly every Wednesday sometimes schedules on either party Collide to meet with our labor team to discuss whatever issues or questions or concerns they might have or that we might have to try to figure out how we can come with some collaborative decisions but also report out on the progress of all of our Labor Management teams and the decisions they're making in their process as well and how we can help them and provide guidance for them regard whales addition um we're directed to have quarterly meetings between the town manager's office the Chiefs and our labor leaders and that's essentially the meeting schedule that we conducted following that uh Chief sober I think your schedule might be a little bit different so I don't want to speak on your behalf on that thank you uh mayor and councel uh just real quick on uh the PD side it's very similar to to fire just not as frequently uh so we do have written directives uh amongst uh from PD and the labor organization on how we will oper operate and currently we meet once a month and it's a standing standing meeting if there are needed additional meetings we're always open to either side bringing up additional topics that need to be addressed earlier uh than the me monthly meeting that we do have and as uh fire has we also have the quarterly meetings with uh Town management as well to address any other issues that either uh have been addressed with us or additional issues for Citywide perspective um the advantage as I've uh experienced here uh in Gilbert with this type of uh atmosphere it's very open so if there is a new topic a new issue um they have an open door and we have a regularly uh scheduled meeting time but as I mentioned we're always open to meet in addition to that and so we have the advantage of um the infrastructure and and the uh that discussion uh that without the formalized form excuse me the formalized structure of anou and a meet confer we have the ability to meet as often as need be and discuss those issues um I'll turn it back over to Chief dogen to talk about uh the formal versus um existing so we kind of want to put a slide together that compares so you have some context on generally what the formalized process looked like and how what our existing process looks like so during theou U negotiation periods uh we had weekly meetings of the project team during the negotiation process mentioned earlier about 6 months uh to get through uh those negotiations uh I I put on here cross- departmental representation uh because there was a significant amount of people that were involved in those meetings typically uh two to three uh labor Representatives uh we had a representative from we had an assistant Town manager that was a part of that process a rep one or two represent representative from the people team uh budget uh was represented because uh I on some issu there were budgetary concerns that had to be addressed and researched uh we had admin support in part to keep minutes uh and later on preparation of the contracts legal uh was a part of it they weren't necessarily in every meeting but anytime we had questions about the legality of any particular issue or solution uh were brought into that as well so uh it was a large amount of people again uh committed to the meetings uh the weekly meetings at that point that we ran um come through that process a different aspect of this understand we talked about in our existing process how uh the labor leaders have a chance to meet uh regularly with the fire chief police chief and the town manager's office in the formalized process uh both Chiefs and the town manager are excluded uh from that process so it's just a different way of of doing those negotiations but it's worth noting uh that the Chiefs and town manager are not represented uh on the team uh from that point uh the ratification process when it's completed goes through a legal process to get that complet completed I won't get into that right now and then once it's ratified by all parties uh implementation of of the contract uh one of the notes at the bottom here is that um any issues excuse me that come about after that contract is signed uh by Council we don't reopen and so typically any new issues would have to wait until the next cycle to be discussed uh as a basis of the of theou uh typically two years is pretty consistent two to years uh for contract lengths um primarily because we talked about the workload of up to six months just to get through the negotiations we still have to have the contract written uh legal review and then kind of go through some process to make sure budgetary impacts if any are addressed uh so typically most agencies go with a two to three contract year period because if not you essentially are in a constant state of contract negotiations if it's just done annually uh that was our experience in the past um as we look to our existing process I mentioned the uh the Labor Management Alliance policy for fire uh it's important to note that this policy describes again how we develop Solutions and answers to problems uh we utilize our Labor Management processes and our committees to probably answer 90% of our questions and answers and how we operate and make decisions uh 10% of those sometimes will fall outside the bounds and might resort to management decision um but for the most part probably 90% of our regular operating decisions are made by our committees in that process management ideally will set the boundaries within what those decisions how they can be made and are also involved in setting our interests based on management when we come forward in that interest based approach uh we talked about the meeting schedule so we don't need to go further on that one um the difference uh that we look at now is how we address new issues uh so the the flexibility we have the rigidity and the kind of focus of the formal process however in the existing process um we have more opportunities to address emerging issues we don't have to wait for the next contract period to discuss an emerging issue um I'll give a couple example of those we we'll talk about them again uh just in a bit um but in 2023 we increased for sworn uh the vacation Max balance uh that was directly related to kind of a long-term effect of covid and inability of our crews to use vacation Leaf uh that was an issue brought forward by our labor team uh when the town made a decision we're going to cut it off at this date we recognized that because of some limitations of our vac employees mathematically could not take the vacation they had earned uh within the time frame that it was going to expire so that's a good example of the flexibility and benefit that came forward with our existing process um the next one uh that came forward was was actually the top out pay uh that was brought forward by the town manager's office recognizing the market shifts that were occurring at the time uh we had the flexibility then Patrick and team to bring forward the recommendation of top out pay for saor um so those are just kind of two examples of of how that the flexibility uh can benefit uh the groups outside of uh the contract cuz without if had we been bound inside of a contract we wouldn't have been able to address those two particular issues until the contract period um expired Chiefs are you open to take some questions in between because I think it's a lot of information so council member tilki thank you mayor um could you go back a slide please thanks um you said that the town manager it looks like I don't know if it's just the manager or his office and Chiefs are not allowed to be part of or were not in the formal agreement to be part of this negotiation project team who is representing the town of Gilbert then in those meetings in in the past process we had an assistant Town manager okay and then uh people team member whether director or design um budget representative uh through that process were the the main and then administrator support so those were the main uh really assistant Town manager HR Director assistant fire chief I sorry assistant police chief as well I should have mentioned that before I think I missed that one okay um so the assistant Chiefs come forward to the meeting uh to have those discussions to represent management interests okay thank you very much any other questions at this time for the Chiefs thanks Chiefs of course at this point Sorry CC member thank um you talked about some of the flexibility and things for giving those examples do you have any additional insight as to challenges that other communities that had me income fur and and what they faced during um like times of Crisis like the past few years when we did have the pandemic and the rapid changes in employment compensation I'm not fam you got oh kind of Mayor and council member Kowski um some of we we reviewed a lot of Theus that are existing in the valley and as uh Chief Dugen kind of mentioned uh they're very specific in um I'll give an example of uh an agency that they are for PD they're required to be uh third or just above third so between second and third and so I would say the challenges are Financial so if you have a contract that requires you do X Y and Z the potential in a downturn or in a crisis of limited availability of funds that something else outside of that contract is going to have to be adjusted um that's a loose example um labor may have some examples as well uh they're going to be coming up next and we can certainly we have a few more examples as we proceed with this we can address some additional ones if you have any and again with this we're going to turn things over I think desay and Dakota come forward they have a presentation for you as well one second I just had uh council member Bon Giovani turn his mic on thank you thank you mayor um are we able in those situations that you just spoke about can we have is it are is it possible to have in the contract that if both parties find if both parties mutually agree that we can intervene again and be able to make those changes that are needed that there are some contract language that will allow reopener if both parties agree there's Mutual benefit okay thank you if no more we'll turn over uh Shay and Dakota I believe the floor is yours great I are they going to come to the center Podium I think Shay please thank you Chief you can shut that microphone off please thank you shay you'll have to push the button and I think they put a sticker on it now to tell you which button to turn on there we go I usually have to say push a button I don't know which one it is y there's a sticker on it yeah uh thank you Chief dougen and chief soberg for the introduction and legal um Madame mayor and esteemed council members I really just want to start off by thanking you for um giving us the opportunity to present why theou and meet confer is such a strong item for the town of Gilbert um to touch on uh Chief solberg's point a little bit really quick is um one of the items that uh you talked about is is being able to reopen things Town Council can absolutely have have the opportunity to reopen and then in some of the tougher times that we have theou process allows us to um meet and discuss items that are beneficial to both parties so um in Phoenix and Mesa their jobs were actually saved by doing pay freezes um in theou process so it saves the town money but it also saves the jobs of the people that are already working and are already a part of our family so there are a lot of positives that can come out in very tough financial times for anou so um mean confer is an evolution of organized employee and employer Communications the general principles were actually developed right here in Arizona uh constant evaluation over the last 40 years uh has brought effective and non-c contentious working relationships and The Guiding principles are communication accountability transparency and collaboration many of the same themes that we have in in our town already exist uh back in the 60s and 70s Phoenix and Tucson several school districts experienced Discord between labor and management the parties looked for Creative Solutions since state law prevented collective bargaining and elected officials got together and created meet and confer collective bargaining is really adversarial uh demands proposals counterproposals uh contracts are binding and can be enforced by the courts and the process weaponizes strikes and lockouts and slowdowns and we don't believe collective bargaining is um in any way emulates meet and confer and we don't believe it's an effective process but what makes meet and confer different is its interest-based decision- making Just Like Chief Dugen alluded to um it produces a memorandum of understanding and the M us are governed by the Town Council so the governing body has final decision-making power power and can accept reject or modify theou agreement with all parties why is me confer so sucessful because the process is built off of Labor and management working together to address these Mutual interests Public Safety groups have tremendous resources and collaborative ideas for a variety of solutions and enhancements for any Town elected and appointed labor Representatives provide a singular voice rather than having 100 individuals ideas requests and solutions um it's important to note that no no employees required to join a union and we have a large percentage of our population within the fire department that are not a part of the if um I just happen to be the elected delegate to represent our employee group so this is really a uh contract within employee group not a labor union or a Union contract so um without mean confer Association Representatives become compelled to go directly to council um if we can create me and confer it gives us a little bit better process without having to do that it strengthens the labor management process that we have now all parties are expected to work together in good faith and with an eye for collaboration understanding and effective Solutions the process can include ground rules and in a rare event where parties are unable to reach agreement mediation could be utilized if if needed to all agreements and disputes are ultimately decided by Town Council Members interest based negotiations strives for Mutual understanding and common education for both labor and man management focus on goals concerns that are common for both parties labor and management each present and request uh explain their requests and their needs and the ensuing discussion revolves around ways to meet those needs so this is the opportunity to really be able to understand each other understand labor and understand management and it gives us the opportunity to work together to be able to really understand what the interest is of the other party and that's ultimately what will create the most positive outcome for our employee group this style of negotiating is incredibly positive and creates a collaborative partnership and many modern Union management contracts are bargained very successfully using this style but the results are a win-win situation for all of us some of the advantages are helps manage effectively uh address varying issues of diverse employee groups allows for flexibility uh for economic changes kind of like we talked about in some of the very tough times there are opportunity for the mou to really come up with a decision that we both own responsibility of Labor and management and we share that responsibility in order to protect our town and the citizens and the budgets that we have it provides an organized conduit for employee and employer Communications thereby preventing uh issues from going before Council on a regular basis significantly expands employee understanding of budget policy and issues and increases transparency for employee employer issues the transparency part here is really about just learning what it means to think um like our town uh our town manager Our Town manager's office Our Town Council Members it gives us the opportunity to um share each other's ideas and to understand why the um the the reasons are that we do things and um gives us the opportunity to talk about those and to learn about them it provides effective solutions to issues from employee groups often identified well before management has it on the radar it supports safer working conditions saves time effort and money improves leadership development through a collaborative process there's a lot of really big points in here that are super important to us but leadership development is one of the biggest ones um it allows Future Leaders of our organization U you know that rise through the ranks to already understand what it means to look at budgets and to come up with collaborative Solutions which is the Cornerstone of what we all do anyway um it can save time effort and money with the ability to um actually have and create committees that are come out of maybe an agreement with an mou or or an item on anou um it means that our Workforce will be the ones doing the workload uh rather than having to hire a third party or go outside um 457 could be a potential option of that where we have um elected or or uh appointed members that actually will operate that committee um they will do the RFP process RFP processes in order to save the town money um and First Responders uh working with the 457 plan essentially we're a right to work state state laws permitted by section 14b of the Taft heartley act that provide in general that employees are not required to join a union as a condition of getting or retaining a job and right to work laws forbid unions and employers to enter into agreements requiring to enter a union or pay dues in order to keep or get a job so the right to work state were in no viol of of right to work laws by entering into a meet and confer um but like I also said not all of our members are are union members this is about our employee group who else uses mean confer this is a list of I believe 39 other government entities around the valley in the state that use meet and confer um it it's they use it because it's an effective process so there's history of positive results job saved including Phoenix Mesa and Gilbert um Phoenix and Mesa specifically came out of theou and and uh had the pay freezes in order to save jobs um fire and police involvement in campaigning that supports economic growth the items that um you know oftentimes can be contentious at to our citizens um it gives us the opportunity to understand and to be able to join forces for those things um also involvement in the district Revenue increases um involvement in District Revenue protection there could be significant employer employee savings from 457 plans that I touched on uh Social Security savings that the the town doesn't currently pay social security for First Responders and that came out of a Labor Management discussion you know many years before uh myself but um you know it's it's a benefit that we don't get and that's okay again things come out of the mou um from Labor Management discussions there's Positive Solutions for pension reform pension reform has happened very often over the last 10 years and will continue to do so because of Labor Management relationships um leadership development and management perspective so I have a lot of quotes here I'm going to save uh respect your guys' time too much to go through them but I hope you'll have access to this slide but um the important note here is that um the some of the quotes that I have are are from city managers they're from Town Council Members they're from elected officials they're from every walk and side of of the the aisle here and it's because meeting confer is such a successful process so um former mesa city manager this was prop 476 that went happened in Mesa last year that passed with a 71% in the city of Mesa um so we can understand that a city definitely can support it in a city like Mesa with 71% um Tempe city manager former Tempe city manager will Manley uh Joan Krueger Gilbert vice mayor uh was very much in support uh she actually talks about Brian Jeff who is the former president of local 2260 um told us Gilbert Town Council that meeting confer was up and running all parties would find that it would work out despite some early trepidation well you're 100% right reports from the city manager's office and from the employee groups have all been very positive since we implemented meet and confer in Gilbert so there's history here in Gilbert um this is Mayor Phil Gordon of the City of Phoenix uh I felt like I had to include him because my father actually worked for mayor Phil Gord and I was very small when I met him and uh he was always something somebody who I looked up to but um to to run as such a large organization and to be utilizing meet and confer um I I just respect that highly so um more uh quotes endorsed by the Chandler city council when Chandler was going through their um um Step to obtain meet and confer and then this is actually a quote from the Arizona Republic from 2014 um it's important to note that there were much greater men than myself that were in this position at one point one of which is our current fire chief but the quote says the ordinance enabled us to take issues of wages benefits and working conditions forward to policy makers for consensus which was a better way to do it everyone was in one room working on issues and interest together for solutions to problems we could all live with now you're dealing with every city employee and it's inefficient um Chief Joe Bush uh Fire Chief Joe Bush at the time echoed that belief that the process built good relationships from going through several years of me being conferred allowed allowed us to continue forward with a good relationship between management and labor it's important to note here that um if anou does happen the labor management process is only strengthened um there Chief soberg and fire chief Dugen talked about uh you know there's some pros and cons to the meet and confer which there's pros and cons of course to everything but um they did discuss that there was a a more formalized process which yes there is the formalized process gives us accountability on both sides of the street but the labor management process that happens on a weekly basis should not and will not go away I don't believe um I believe Chief Dugen and and I can only speak for high for fire here but um we' we've done an incredible job over the last two years to building a really strong Labor Management relationship and Labor Management process in Gilbert and that only continues to grow and theou is only the opportunity to strengthen that so what about the rest of Team Gilbert um we are still team Gilbert I it's really important here that all employees um all employees do have the right to organize if they want to um but for us we're we're First Responders we're not better than anybody but we are different for inherent reasons we are sworn officers of Public Safety um the people that I work with risk their lives every single day um every time we go out on a call with lights and sirens is the most dangerous thing we can do all the time um so I think it's important to note that this mou is the support for those people who are risking our lives for our community for this wonderful town of Gilbert um Recruitment and Retention of First Responders is vital for the service that we provide and we provide an extremely high level of service Gilbert loves to boast about how safe of a community this is and it is because of the people that we work with so the support to support those who risk Our Lives is what we're asking for um Federal Medi and conil conciliation service they'll actually provide training to us the town of Gilbert uh through this process and they do it at no charge so this is an opportunity for leadership development for us to learn about each other and to learn how do we create the best mou process for us together um the theou the meet and confer is um process that will be built together so even if you know we we vote Yes it doesn't mean that it's yes and we do it exactly the way we want or exactly the way you want uh this is a process that we get to build together and we get to learn about it together um it's been a long time since it's it we've had it here so we're kind of all starting fresh and we get to build it exactly the way it fits for the town of Gilbert so just closing up meet and confer is built on communication accountability and collaboration it's centered around interest based negotiations increased transparency and understanding and it's not collective bargaining it's good faith interest based decision- making strikes and job uh strikes and job slow down actions are strictly forbidden employees are not compelled in any way to form and join a union that doesn't change and meet and confer has a proven track record of positive results and we have training that can be offered um from our um Federal mediation and conciliation services so um that's all I have for you guys I'm happy to answer any questions um I believe Dan Brouse and Dakota are here to represent Gilbert so I I can either come back up to answer your questions or I can answer any questions that you have now thanks Shay I want to say thank you for stepping up to serve your fellow firefighters in Gilbert Fire and Rescue and you look very nice in your suit thank you I've ever seen you in Street cloth before so I had to say something any questions for Shay at this time council member Koski hi Shan good to see you me too um you mentioned a few things of the positive benefits of having the meet and confer and I wanted to touch upon a couple of those one was the dispute resolution olution and the others was improve working conditions regarding the dispute resolution you mentioned that ultimately that's decided by Town Council how do you envision the relationship um and coordination with Town Council in theou process um leading to that dispute resolution thank you council member Kowski um I believe that the role of the of the town council is really to just solidify everything at the end I I believe that theou has the opportunity for us to sit down with the town manager's office and and other Representatives that come out of this process um but it gives us the opportunity to come up with solutions for various issues that we have or to make us or the town better um but the town council's role is to just solidify that um if there is a mediation needed or if there's one particular item that is something that could be brought forward to council to be discussed but um the reality is is it removes the it removes the drama it removes the um ability to continually kind of big for items um and it just allows us to have a conversation and create a formalized process so we can sit down and do that together and own both of us own responsibility for it what's the risk if the Town Council doesn't approve theou and I guess for me one of my concern concerns is I don't understand the job of being a sworn personnel sure so how does um how do you work through those issues I believe that you know the that is why we we exist as as a a labor group is that we have the ability to create relationships and explain why we either need or or do the things that we do um I don't believe that anybody ever needs to understand exactly what we do or exactly what we go through um for various reasons um it's a very tough and challenging job and so the the general population knows that you know generally they support police and fire and and we're extremely appreciative of that um so I I think the part that is unknown there is still a lot of unknown for me as well you know I've I've been in this position I've only been with the town of Gilbert for seven years and um there is still a lot of unknown but the good part about it is is that you guys are the cting members and I'm the elected official right now we get to create this together so um some of those questions will be answered either through the federal mediation conciliation service um or through our ability to create this mou together thank you I just want to make one more comment regarding um the note about the improved working conditions and I just wanted to make a comment that regardless of where this conversation goes that's a high priority uh for for me and I'm sure a lot of other council members so if there is anything in that space uh please bring that up I appreciate that young and there there's nothing specific that um it's really a principle of theou that allows us to have better working conditions um but we work for a great organization I'm very proud of the town of Gilbert and the people that I work for thank you vice mayor Shay thanks for being here um I'm not sure if you're the one that can answer this or somebody else in management maybe but were there specific issues that led to sunsetting the theou in 2013 you know I'm I'm certainly not the person to speak on that because I wasn't here at the time I know a little bit of the history but it's all word of mouth so anything that I would say wouldn't be factual um I don't know if Chief Dugen might know yes uh vice mayor uh Council mayor um the biggest change that occurred uh from the creation of the ordinance into the decision to shorten the sunset was there was a shift in the um the makeup of the council following that and the political shift towards not having theou that's that's the simplest way to describe it was there was a shift to the makeup of the council and the direct the direction of the new Council was to uh Sunset it early instead of allowing it just a sunset on its own so it wasn't a process problem it was a different problem we had a different makeup of council from when it was created to when it was stricken before the sunset class thank you council member Tuson Chief tugen calling it political that's it's a little too vague for me what were their points in saying that they didn't want it was it purely just a political ideology thing on their part or was there something specific that they were they didn't like I don't have specific recollection of the reasons uh that were given uh other than the opportunity came before the the council members brought it forward to strike it um but I don't recall the specific examples or issues that they had related to the to the process at the time it's a bit too long ago for me any other questions for Shay um council member Toki mayor i' just like to make a comment um I'd like to hear the rest of the presentation but have the opport oity to ask Shay to come up okay absolutely I was going to I was going to say that anyway I was I'll just tell him come back up Shay okay thank thank you all very much yeah and Dan and Dakota are coming up now for gpla you will probably have to lift mic up just a little bit yes thank you that one definitely won work that one's better for Dan right yes uh good evening Council and mayor uh thanks for um having us being um willing to hear us speak so uh my name is Dakota Rector uh I'm uh the new uh president of gpla uh I've been with the board of gpla which uh has most of the members police officers with Gilbert py uh I've been with our board for um about two years but just recently was voted in for president um and so today uh in in my place of speaking is uh Dan Brouse uh he's been with gpla uh for about 15 years um and he was actually here uh right when right before or right as it was being written um through the whole process and then also was here when it went away um and also has been part of the the labor side of things for the entire time gpla things like that so uh Dan is going to speak uh on uh his experience and then uh we can answer any questions that you have thank you thank you uh mayor and Council d BR I an employee of Gilbert about 17 and a half years um we began meeting confer in 2008 I was on the uh Team for five years um I I remember meeting every year uh I don't remember off years I think um after the first mou was was written each year it was amended changed um little issues came up that we were able to reopen uh there was a reopener clause in theou each year and it was solely dedic dedicated to compensation because if you remember 2008 to 2013 were some of our worst Economic Times um so we did 5 years of um theou process all without spending any money uh and we were able to do it and we did it cordially and um went through uh the process fairly uh simple each year um outside of the first year of actually creating the the living document uh some of the positives that Shay touched on uh I'll just go over real quick uh I don't want to um go over too much but uh the collaboration of ideas there were management issues and there were um uh police department line level issues that were brought to the table and we worked through the IBB process completely cordially and solved a lot of our issues um the the open communication there was open dialogue um management always uh I heard earlier there was a management representative which was uh the assistant Town manager and there was a commander at the time because we didn't have assistant Chiefs back then so we had a commander representative so they were the direct link back to the manager and the chief so while our Chiefs are in a million meetings a month this is one less meeting they had to attend um and their uh design would report back to them we had a great sense of trust um there was nothing hidden in the room there was nothing uh withheld from us budget was open there was there was no money and we we worked with that um everything we came to a mutual agreement on um there were there were lots of things unique to the police department which I'm going to get into in a second that we lost um that we were able to come to the consensus and we did this agreement with our thumbs up as the fmcs taught us how to do um one of the things is the beneficial filtering of ideas um Shay touched on we where if every employee wanted to have their concern heard it would be a lot of work for Council management Chiefs um this was a filtering of taking the most important the most popular ideas and bringing them forward to be placed in theou and again the decision-making Authority uh lies with the uh Council uh theou appeal process if if an employee had an appeal of something in theou they would go to their supervisor first and then start to move up the ranks but if it was an appeal of something on theou uh that couldn't be resolved that then you started with the chief and then it came back to the the manager and then the council could make final decision- making on it it's in the uou that I read so some of the things we lost and I'll touch on that real quick is we really had no we have no formal agreement process we do meet with uh uh I did I no longer do Dakota does um with management and the chief um they are great me meetings but there's no formal agreement process that's done where when we do agree on something we put it in words and we move forward um so initially the um uh Chief Dugen said that a lot of theou benefits were incorporated into Personnel rules uh they were and then since 2013 some things have been slowly taken out of personnel roles so some that would be unique to the police department Court pay shift differential standby pay um other disciplinary rules because of Peace officer Bill of Rights have slowly been taken out of personnel rules because it doesn't apply to all of the employees in the city um so there was sick incentive discipline Advisory Board ability for alternative work schedules all things that may not apply to the rest of the town so that's that's the only that really is lost in what theou does is gives Police Department a way or police officers a way to meet with their manager and and um Town management to talk about things that are specifically related to the police department that you can't put in Personnel rules because it just doesn't apply to other parts of the town that is all any questions for Dan and Dakota at this time we can always ask them to come back up seeing none thanks thank you both for stepping up again to support the G Police Department thank you Chiefs back up we're back mayor and Council appreciate the both labor groups and the representatives uh bringing up a lot of uh positive things that have come uh from the labor groups and we're going to talk now about some on uh from our perspective of some of the positive as well but I do want to emphasize one thing in noticing their list and our list that those lists pretty much are accomplishments over the last 10 years and keep in mind we have not had an mou or a mean confer process over the 10 years which to me is reflective of we are open both uh Chiefs uh both departments Management in conjunction with Council on bringing forward ideas um and whether it be benefits schedules a lot of examples on the fire side of tweaking and making things better based on input from Council not to discredit the positives that they mentioned I fully support a lot of those a lot of those comes from the political side as well they have the ability of doing things politically that we cannot do as city employees Town employees uh so getting back to our presentation um on the police side uh some and we had a very long list for both PD and fire but we wanted to highlight some of the most uh impactful over the last couple years and as was mentioned and you'll hear from Rob as well Chief Dugen as well this warn top out pay that was proposed by management last year or two years I think it's been two years now um we um our employee group came forward with the request for increased fto pay part of that was based on what we were seeing in other jurisdictions but also the difficulty in getting uh officers to volunteer to train other employees and we work together to establish that uh increase it used to be 5% we increased it to 10% while they're training uh new recruits and not only did it apply to our officers but also we apply to our dispatchers and our detention as well and then fto incentive leave about three or four years ago uh we increased uh an additional benefit uh for the those who are trainers giving them a discretionary leave day um every six months uh so two leave days each year if they are uh trainers they get additional leave that they can take and then also we increased our lateral start pay again in consultation with our labor groups looking at what other agencies are bringing their uh laterals on um and their probation time when we used to hire a lateral we'd bring them in at the zero step which is the lowest paid level and then once they were done with training we would move them up to their actual if they had seven years of experience they would move up to that level so looking and working with the labor groups we were able to look at that process and and improve it to which helped us with recruiting laterals so that they're not losing pay if you're a topped out officer at another jurisdiction and you want to come here you can start day one at a topped out at our topped out pay level and um uh start that process and and adjusting the the probation period as well so that it was streamlined and consistent I'll turn it over to uh Chief Dugen to talk about some of the advantages and accomplishments from fire mayor council thank you again and also just want to acknowledge uh Chief soberg did um the feedback and perspective provided uh by the labor leaders uh here tonight I appreciate your approach appreciate your perspectives on on the discussion and how you conduct yourself so thank you for that and having chance to work with Shay directly for two years uh is amazing human being has an incredible heart and passion for what he does um and just want to reaffirm I will speak for myself and Chief soberg and and Patrick that we are fully committed uh to continuing to advance their Labor Management relationship here in the town of Gilbert and improving our ability to protect and serve our members our residents and our businesses throughout the city so just want to continue to to make sure that we understand that uh talking a little bit about accomplishments we've already mentioned the the sworn top help I won't go back into that uh one area we're very proud of uh is really class leading efforts to expand our cancer screening uh through many uh budget packages supported by Council uh We've added second set of turnouts over the preventative side of things enhancement of our our full body MRIs and blood testing not only for our current members but for retirees that's something we're very proud of uh for adding those benefits to to the teams and our commitment to preventing and uncovering Cancers early so we can save the lives of our members we talked about the increase of the vacation Max I won't go into that again uh the last one I will mention uh which was a significant achievement uh was the switch on July 22nd for the fire department to switch from our previous schedule to the 4896 schedule uh this one's worth noting uh because the two previous uh Fire Chiefs uh no disrespect to the decisions made but at that point did not support the decision to switch to the 4896 um coming into my position I knew that this was going to be probably the the the Labor Management Arena probably had the greatest impact um to my legacy as fire chief knowing this decision was coming back uh and so we took time to put together a labor management team about 17 members with representative across the whole organization including management to research this topic yet again uh because we knew how impactful it was uh to our employees and really what it came down to kind of for tenants on this is the cost of living in gilbertt uh has risen so much that it's difficult for our least tenured members to afford housing uh here in Gilbert and those that choose to live farther unfortunately fuel costs are making that also difficult as well so if you're living farther from Gilbert because you have to to you have fuel costs are starting to increase as well and don't seem to be going down we saw a reduction in applicants for the fire department over the last few years so we were seeking opportunities to cast a wider net to increase those numbers I'm happy to say we have increased over 640 our last recruitment almost double from the last one and last and probably most important we wanted to research the impact on work life balance for our members um and how their lives could be positively impacted by the schedule uh and after the crew after the team did the work produced a report for the town manager's office that made it clear now was the time to convert to the schedule and it was again this was done by the work of the Labor Management Committee in our existing process has put together an incredible report that told the story of the impact the positive impact this was going to have on our employees and then happy to report uh support from the town manager's office we were able to implement that and to be able to go back to the stations and talk to the firefighters about how is it different how is this impacting you to hear their stories already about the uh the impact the schedule is having to really improve their lives um and again make them more fulfilling in work so I bring that up as just some of the major accomplishments uh that we've done so far uh through that process and I believe with this we are going to transition presentation as there's any other questions Tre soberg and I we'll turn over to Nathan mayor Peterson members of council thank you for the opportunity to come up I'm I'm going to just share uh some additional insights from a town um sort of comp and benefits perspective and um one of the things you'll see here we we we've got some really great townwide accomplishments we've been able to um deploy in the last several years um that um had have had especially a tremendous impact in a positive way on our Public Safety spaces our P parental leave program if you're not familiar we have uh an opportunity for a new parent whether it be a father or a mother um through birth adoption or Foster to take four weeks paid by the town um of of leave um and this is an item that is actually used on a higher basis um per employee within our Public Safety spaces than anywhere else in the town so that's something we're really proud of um and is being utilized really well we've got a great babies at work program that has received um Statewide and national press we have uh we expanded our uh program our injury leave program to include what we call catastrophic injury leave this is something that has been utilized within our Police Department um and then our expansion of our military leave program we far exceed the federal requirement for um supplementing active military when they are um called out for Duty and called up um and this is another item that on a per employee basis our Public Safety spaces have more active military than anywhere else in the town the other piece that I think is important is just kind of a refresh for all of you in the compensation and benefits um area uh first off off just as a this is this is kind of a summary my own words this isn't how it's stated exactly in the Personnel policies that's just because it's much more word heavy there um but as a reminder you know our compensation philosophy is is set up in such a way to ensure that we have a fair and Equitable program across classifications in line with the market rate um and and as a reminder market rate is defined as the midpoint of the market and that is um a philosophy that is voted on and approved by all of you um and and it's obvious VI ly at your purview if you would like to see changes to that um compensation philosophy the other thing that is important um along those lines is that there's obviously there's other um sort of approaches being utilized outside of Gilbert with with some of our neighboring cities and towns and I wanted to address some of those just to give you some perspective um we've seen Chandler and Tempe are both now in a fight to be the third among Benchmark cities um that's difficult to both be third um and that's a that's an Ever moving Target because as a city benchmarks those numbers change we've done some analysis on that and if we wanted to be tied for third with these other two cities um that that would run about $3.3 million um of immediate cost impacts just for Public Safety and approximately 12.4 across the organization um obviously keep in mind those are on those are now numbers those numbers grow um as the market grows and increases pay rates and so those numbers would grow year over year over every year um next we you know we've learned that Queen Creek is aiming to be the 60th percentile so where we're midpoint or 50th percentile Queen Creek has been um aiming for about 60th percentile as they as they're in growth mode and they're needing to recruit um in in pretty large numbers for their City size they uh that we ran the numbers again that would run about $2 and A5 million dollar of cost just for the for the foreseeable future for sworn and about $6.2 million townwide if we were to um to mirror that program the next uh I'll talk a little bit because we all know we've we've heard about it it's been raised by um it's it's it's been brought up by labor it's been brought up obviously in Council Retreats and in discussions that we've had um we know that Mesa announced a post-retirement Health Plan um at the regular employee Premium cost as a reminder as you've seen these numbers before we hired out an Actuarial study on that so that was done by a licensed and certified um Actuarial group through um our plan administrator and they came back that um direct premium payments uh would would go to about $365,000 in year one but up to about $6 million annually over a 20-year cycle um as an if we were to to mimic Mesa program and then the opab liability which is just a reminder is um the post employment benefit right just the the the kind of insurance or or Health Care impact um to our plan uh would would start off around a million dollars um in increased cost but would exceed $250 million over 20 years so that is quite um an extensive program that M has been able to roll out now I want to say as we've pointed out before that's that's not to say there are no options we continue to explore opportunities and options to provide um and and help our Workforce mitigate the cost and the rise in cost of healthcare not only as employees um but post employment um we recognize that our Public Safety professionals are especially challenged in this because they retire uh often times younger because they've given 20 25 30 years and they're you know they have an opportunity to retire well before they may be eligible for uh you know Medicaid programs things of that nature and and so we continue to explore opportunities to um to support these needs uh across our Workforce the other thing I wanted to just point out um in a way we benefit today from other cities mou programs because when we Benchmark we are pay changes based on Theus that exist out there and are being you know the rates that are changing so even the the examples I showed you earlier with um tempy and Chandler and Queen Creek those are immediate or those are directly affecting our pay rates because we are moving rates up um to try to stay on par with the market rate and so just as a reminder there um to kind of how the math on the process works the last thing I wanted to just kind of touch on is um we recognize I recognize and I think organizationally we recognize the amazing work that our Public Safety uh Personnel do every day I think Shay said it really well that these are First Responders these are folks that they they put their lives on the line daily and we work very hard to take good care um and and and support our our Public Safety um as a result of that hard work and that that risk that they put out there um we've expanded as as you all know um and offered T tremendous Wellness Resources um Mental Health Resources counseling resources expanded our um our access to EAP which is uh free health care sources or Mental Health Resources all of those things are in an effort to be more mindful of the ever growing needs um of the workforce but I do want to say you know our sworn personnel represents about a third of our Workforce right so we have to be mindful of the other two two-thirds now Shay mentioned that um the rest of the workforce certainly um has the option to be supported or um or represented by a labor Association um you know I've worked in organizations where we've had broad-based professional labor associations those become a little more difficult because the needs of of various types of professionals across various um classifications and industries and and skill sets those needs differ and so while uh the labor Association within a sworn space is working with um a particular group of individuals we we want to be mindful of how do we make sure that the voices of our entire Workforce are being heard and taken into consideration the the last thing um you know again I know we've talked about this in other in other context um that I've had an opportunity to speak with with all of you Gilbert we we have a we make a concerted effort to try to be mindful of our entire Workforce you know we are um as I think Shay even referenced we are one team we are one team Gilbert and there are um individuals across this organization that put um everything they have into this work every day I'll give you a couple examples the role of a solid waste operator is one of the most dangerous jobs in the country it is the only job in the town of Gilbert that shows up on the most dangerous jobs top 10 list um the role of uh app developers within our it department and CDL drivers are some of the hardest jobs to recruit right now um and so being mindful of finding creative ways to recruit and to retain these tough positions is not something that is exclusive um or an exception to Public Safety only it is something we have to be mindful of and relentlessly committed to every day across this organization and then the other thing there was some there was a reference to this earlier I just we we did a little bit of quick analysis um considerations around the meet and confer process this is based on the historical data uh when this was done in years past we were able to put together kind of the current Financial impact of just the meetings um those run about $30,000 a year just the cost to to hold the meetings now that doesn't include research work time outside of those meetings which is extensive you know can take two to three times the amount of time that is spent in the actual meetings um and then again this is only based on the two Public Safety associations in the meet and confer process that exist um and then as was mentioned there are re there are compliment resources to fac facilitation sometimes you're under the um you're you're based on the calendar that might be very limited as far as access to those resources and so um based on our calendar if if there were a meet and confer process in place we may have to hire out uh legal help and or facilitation to ensure that we can stick to the calendar and the and the guidelines that have been set up should there be an ordinance so I think with that does somebody want to oh go ahead Chris mayor council this is the final slide um and I know we're running out of time here yes just wanted to remind Council that you know anything that you do where you're creating an ordinance or you're approving a contract we're all subject always to state law and to constraints of the US and Arizona Constitution um this court case up here is a recent court case where um aou between the City of Phoenix and a group of 1200 skilled laborers was challenged and while the city and the labor Association won at the court of appeals with the tri cour court of appeals the Arizona Supreme Court overturned that and found that the way thatou was set up was a violation of gift Clause so there have been a number of cases over the last 20 years of challenges to certain aspects of mou so that's something to keep in mind um those have not those have done with the consideration the way uh leave is given it's also dealt with challenges to open meeting laws as well as public records the negotiations so something to keep in mind that the there are people that out there watching the way these mlus are set up the ordinances are in place and we have to be very careful if that's something Council wants to consider that we uh craft everything in a way that will not violate the gift clause or any other law um it's also difficult because at times it seems like it's a moving goal poost um I know with the city of Phoenix in this case when they negotiated theou and the council approved it it was the law at the time our current Arizona Supreme Court takes a different view than the prior Supreme Courts did so that's always something to be careful even if something is vetted and 100% correct doesn't mean it can't be challenged and you won't find a court that will overturn it even though it's been precedent for a long time thank you Nathan and Chris we will move to some questions council member torguson I'm curious You' mentioned it cost $30,000 for meet to meet and do that what is the current cost of the way the meetings are set up now the meetings between labor and manager's office the ones they've described is what's going on now as opposed to M us that's a good question I I wasn't asked to Crunch those numbers but I'd say with and Patrick maybe you know who's in those meetings typically not asking you to do the math of course but yeah um I meet once a quarter with both associations they last about an hour and a half or so um we could crunch those numbers for you um just hadn't done it as of of this time right but it's there is there is some there's a difference in cost but it's not just an additional 30,000 it's offset somewhere with other meetings correct I I believe that would be correct I do think the frequency of meetings under theou is much more significant um and and brings a lot more people into those meetings into those conversations in our current model uh but but yes I mean obviously there would be some cost associated with the the model we have today thank you any other questions comments council member Kowski hi Ethan my comment is regarding um our current pay for performance policies and how you would foresee that a uh being affected by anou in terms of um how are sworn personnel treated now with the payer performance and how is that addressed in anou situation uh mayor members of council council member cpri that that's a that's a good question that's hard for me to answer because I'm not sure what the ask or the expectation might be um in the meet and confer process um regarding compensation um again I I do know that was why I presented some of the data with neighboring cities um I do know that obviously um I'm sure the labor Association as well as we as an organization are aware of the fact that we are surrounded by cities that have a slightly different approach um to their um their benchmarking or their comp philosophy um so I would imagine that there would be some request made to sort of match or keep us in line with those cities and as I pointed out there's there's really just cost associated with that it's it's in my opinion it's not so much a um a decision um about coming to a consensus as making determination if where the funding would come from the funding source and if that is feasible for the town of Gilbert is there any separate like Merit based pay or anything above and beyond base compensation that's not like overtime um council member Kowski the the Merit component is built in so in a non-sworn um scenario we have a merit Matrix which we uh roll out each year and that is um based on the annual performance rating of the employee um the the I guess I would say the benefit to the the compensation model that exists within our sworn e