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HomeMy WebLinkAbout09983ORDINANCE NO. 9983 AN ORDINANCE AMENDING THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE INTERNATIONAL BROTHERHOOD OF POLICE OFFICERS LOCAL 537 RELATING TO RATE OF PAY FOR ENTRY LEVEL POLICE PATROL OFFICERS WHO HAVE PRIOR EMPLOYMENT AS A POLICE OFFICER BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that SECTION 1. The Amendment to the Collective Bargaining Agreement between the City of Pueblo and the International Brotherhood of Police Officers Local 537, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved and pursuant to the requirements of Section 8-14(l) of the Charter of the City of Pueblo, Colorado, is enacted as an Ordinance. SECTION 2. The Mayor is authorized to execute the Amendment to the Collective Bargaining Agreement in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 2. The officers and staff of the City are authorized to perform any and all acts consistent with the intent of this Ordinance to implement the policies and procedures described herein. SECTION 3. This Ordinance shall become effective on the date of final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on July 26, 2021 . Final adoption of Ordinance by City Council on August 9, 2021 . President of City Council Action by the Mayor: ☒ Approved on August 12, 2021 . □ Disapproved on based on the following objections: _ Mayor Action by City Council After Disapproval by the Mayor: □ Council did not act to override the Mayor's veto. □ Ordinance re-adopted on a vote of , on □ Council action on _______ failed to override the Mayor’s veto. President of City Council ATTEST City Clerk City Clerk’s Office Item # R-8 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: July 26, 2021 TO: President Lawrence W. Atencio and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Marisa Stoller, City Clerk FROM: Chris Noeller, Interim Police Chief Bob Jagger, Senior Assistant City Attorney Marisa Pacheco, Human Resources Director SUBJECT: AN ORDINANCE AMENDING THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE INTERNATIONAL BROTHERHOOD OF POLICE OFFICERS LOCAL 537 RELATING TO RATE OF PAY FOR ENTRY LEVEL POLICE PATROL OFFICERS WHO HAVE PRIOR EMPLOYMENT AS A POLICE OFFICER SUMMARY: Mayor Gradisar and the Police Department request the approval of an amendment to the collective bargaining agreement between the International Brotherhood of Police Officers Local #537 (IBPO #537) and the City of Pueblo to allow for higher entry level salary rates and an abbreviated academy for Police Patrol Officers hired laterally from other police agencies with relevant experience. PREVIOUS COUNCIL ACTION: City Council approved and enacted the collective bargaining agreement between the City of Pueblo and the international Brotherhood of Police Officers Local #537 commencing January 1, 2020, on August 26,2019 via ordinance No. 9532. This was a three-year agreement. Two subsequent extensions of the agreement were approved in 2020 and 2021, respectively. BACKGROUND: The Pueblo Police Department has been working with the leadership of IBPO #537 to generate creative solutions to the recruitment challenges the department is facing. Specifically, over the last several years, the number of viable Police Officer candidates has been falling. There are a number of factors contributing to this phenomenon to include perceived and real police misconduct spurring law enforcement reform, waning interest in law enforcement careers, changes in legislation affecting law enforcement immunity and an increasingly tight labor pool. The challenges are not unique to the Pueblo Police Department as agencies around the state and country are facing similar challenges. Currently, Pueblo Municipal Code and the collective bargaining agreement allow for entry level Police Officers to be hired in at the entry pay rate ($47,416.80 per year for 2021) and require that all recruits complete the full 26-week police training academy. This is the practice regardless of whether the individual hired has prior law enforcement experience or not. This has limited the pool of experienced law enforcement candidates who would be faced with a substantial pay cut to join the Pueblo Police Department. This amendment seeks to allow the hire of Police Officers from other agencies at a higher rate of pay, up to the maximum of Step 5 of the salary schedule in place at the time of hire ($69,071.28 in 2021) based on years of eligible experience. Eligible experience will be that of a state, county, or municipal officer with a minimum of two years of patrol experience. Such eligibility will be determined by the Pueblo Police Chief or his/her designee as part of the employment offer process. No other conditions of the collective bargaining agreement to include seniority will be impacted by this amendment. In addition to rate of pay upon hire, another barrier to attracting experienced law enforcement candidates is the lengthy academy. Given lateral hires will have already gone through an academy and would be Peace Officer Standards and Training (POST) certified in the state of Colorado or possess equivalent certification from another state, a full academy would not be necessary. An abbreviated training academy would be offered to lateral hires of approximately 8-weeks. This is highly attractive to lateral candidates and to the City as this would result in a substantially shortened timeframe between hire and full deployment to duty. The City and the IBPO #537 both recognize the importance of filling critical vacancies at the Pueblo Police Department. Proactive outreach and recruitment will continue for both entry level candidates as well as lateral law enforcement candidates. This amendment, if approved, would specifically address what are believed to be primary obstacles in attracting and hiring lateral candidates. Hiring experienced law enforcement candidates is strategic as these individuals can contribute more quickly in a meaningful way in support of the Pueblo Police Department’s mission to protect and serve the Pueblo community. FINANCIAL IMPLICATIONS: The financial implications of this are unknown as the number of lateral candidates will not be known until the recruitment process is underway and not officially until offers of employment are extended. BOARD/COMMISSION RECOMMENDATION: Not Applicable. STAKEHOLDER PROCESS: The Pueblo Police Department worked collaboratively with the leadership of the IBPO #537 who agreed to and executed the attached amendment, without changes, on July 13, 2021. ALTERNATIVES: The no action alternative would be to retain the current policy and practice of requiring experienced law enforcement candidates to hire on at the entry level Police Patrol Officer salary and attend the full academy. RECOMMENDATION: Approval of the Ordinance. AMENDMENT TO COLLECTIVE BARGAINING AGREEMENT THIS AMENDMENT TO COLLECTIVE BARGAINING AGREEMENT ("Amendment") is entered into this la day of , 2021 by and between the International Brotherhood of Police Officers L cal 537 ("Union") and Pueblo, a municipal corporation ("City"). WHEREAS, City and Union are parties to a collective bargaining agreement effective January 1, 2021 through December 31, 2022 (herein "Labor Agreement"); and WHEREAS, in the interest of attracting, recruiting and hiring qualified entry level police patrol officers, the parties are in support of authorizing a higher rate of initial compensation as herein provided and with respect to appointments from the civil service eligible list for police patrol officers. NOW, THEREFORE, in consideration of the foregoing and the mutual covenants and agreements to be performed as herein set forth, the parties agree as follows: 1. Article 14 of the Labor Agreement is amended by the addition of a new Subsection 14.6 to read as follows: 14.6 Initial compensation of a Police Patrol Officer who is currently certified as a peace officer and has prior service as a peace officer in another jurisdiction may be approved by the Mayor at a rate higher than the minimum rate in the salary schedule and equivalent to the years of such service; provided, however, such rate shall not exceed the pay level in step 5 of the salary schedule for Police Patrol Officer. Any such approval shall be at the sole and absolute discretion of the Mayor and not otherwise subject to the grievance and arbitration procedures of the Agreement. Notwithstanding any provisions of the ordinances of City to the contrary, including Section 6-5-5(a), P.M.C., no other employee's rate of pay shall be adjusted because of any such approved rate of higher initial compensation. In addition, any such approved rate of higher initial compensation shall not in any manner change or be construed to increase such employee's seniority. 2. Except as expressly modified by this Amendment, the Labor Agreement shall remain in full force and effect. 3. Each person signing this Amendment on behalf of a party represents and warrants that he or she has the requisite power and authority to enter into, execute and deliver this Amendment on behalf of such party and that this Amendment is a valid and legally binding obligation of such party enforceable against it. Executed in Pueblo, Colorado, as of the date first above written. CITY OF PUEBLO ATTEST: By: 2(�4,04 City Cl k Mayor LOCAL 537, INTERNATIONAL BROTHERHOOD OF POLICE OFFICERS ATTEST: By: Secretary President