Susanville POA Wins Lawsuit Over City

Friday, August 06, 2010

In a long and hard fought battle the Susanville Peace Officer’s Association (SPOA) has finally prevailed in a lawsuit against the City of Susanville for violating the Meyers Milias Brown Act (MMBA) on April 1, 2009. 

On July 1, 2009 the Union made a request to open bargaining for the 2008-09 fiscal year. In August 2008 bargaining between the SPOA, represented by UPEC, and the City was started. In late November of 2008 the City responds to the Unions initial offer and mentions information about a two tiered system for new hires at the Police Department. In December of 2008 the Union rejected the City’s counter offer and requested a last, best and final offer from the City. The City responded that it would be forth coming sometime after January 2009. At the beginning of 2009 the City responded that they were not willing to make any further offer. On January 9, 2009 the Union contacted the City Administrator, also Chief Negotiator for the City, and it was agreed by both parties to seek assistance from the State Mediator. The Union on behalf of the SPOA and the City requested state mediation on January 15, 2009.

On April 1, 2009 while preparing for the State Mediator’s arrival on April 29, 2009 the Union learned of an agenda item before the Susanville City Council that was to implement a two tiered system on newly hired police officers for the City. That same day the Union responded to the item informing the City that they would be violating the MMBA by moving forward with their proposal. The law Offices of Goyette and Associates were hired by the Union to intercede on behalf of the SPOA. This was all for nought as the City immediately adopted a two tiered system for new hires.

Mediation started on April 21, 2009. Both sides agreed at this meeting to a mediated settlelment proposal that was endorsed by the City Mediator and the SPOA bargaining team. This proposal would implement a new MOU June 30, 2010, and it would remove the two tiered system in its entirety, while increasing uniform allowance by $50 annually and giving the members of the Unit a 1% salary increase. The SPOA members voted to accept this mediated settlement proposal. On May 26, 2009 the Union was notified that the City Council had rejected the proposal.The Union immediately requested to return to mediation. At this point the City stalled all further negotiations and ignored option’s given by the State Mediator on how to proceed. On July 2, 2009 the City responded that they do not wish to mediate any further and they will implement their last offer.

On July 27, 2009 the City writes that they have implemented their last offer and failed to mention anything about a two tiered system. In August 2009 the City prepares a new MOU which also does not address a two-tiered system or any of the other benefits that they have taken away from new hires. This new contract was adopted and signed by the POA and the Union.

From April 2009 until July 2010 the City hired four new Police Officers (since that time one has resigned). These new officers were placed in the PERS 2% at 50 retirement plan although the contract stated 3% at 50. These officer’s were not paid the $65 per month into a IRS Section 125 plan, and the City charged each of these employees 2% of their gross salary each pay period to be used for costs associated with health, dental and vision insurance although no other members of the POA had these deductions.

John McCaslin an attorney for Goyette and Associates was forced to file suit against the City on behalf of the three officers in 2010. This was after repeated attempts by the Union and representative’s from Goyette and Associates to resolve this matter without going through the judicial system. The City, in its infinite wisdom, failed to respond to any request for resolution.

On July 19, 2010 Judge Sokol in the Superior Court of California in and for the County of Lassen held a hearing on the matter. Judge Sokol’s tentative ruling on this date was for the City. After presentations by both sides (John McCaslin appearing on behalf of the SPOA) he took the matter under submission. On July 20, 2010 Judge Sokol reversed his earlier ruling finding for the SPOA and the three officers. This ruling should re-instate these three officer’s and future officer’s to the proper benefits under their current MOU.

Thanks to all of the attorneys at Goyette and Associates that were involved in this case. Special thanks to John McCaslin who was eventually able to get this matter resolved.

Modoc General Unit Votes for Two Year Contract

On August 5, 2010 50% of the Modoc General Unit voted for a two year proposed contract with the County. The County is facing a twelve million shortfall and has been on the verge of bankruptcy over the last several months. The employee’s have agreed to the following provisions in an effort to help the County’s financial hardships:

1. Upon ratification of the contract all employees shall be frozen at their current step in salary range and they shall not be eligible for a merit or longevity increase. This will begin on each employee’s anniversary date after ratification and will last for one continuous year for each employee. At the end of that year each employee will continue in their individual step/longevity process.

2. Effective upon ratification The $50.40 cash payment as well as the $350.00 cash payment for waived insurance shall be eliminated for a period of two years. Both of these items will go back into effect no later than September 1, 2012.

3. Effective upon ratification Sick Leave Incentive will be eliminated for a period of two years. The Sick Leave Incentive will go back into effect no later than September 1, 2012,

4. Effective January 1, 2011 all floating holidays will be eliminated for a period of two years. The floating holidays will be reinstated on January 1, 2013.

5. Effective upon ratification employee’s receiving State Disability Insurance (SDI) may elect to supplement their SDI payment with an amount of paid sick leave (if available) converted in hours that will in combination not exceed their regular salary for the pay period.

This contract will run from September 1, 2010 until August 31, 2012.

Thanks to Nancy, Jessica, Bill, Betty and the two ladies from Social Services who assisted during the day and helped count the ballots.Thank you also to the member’s that came out and voted.