HomeMy WebLinkAbout10211ORDINANCE NO. 10211
AN ORDINANCE AMENDING AND EXTENDING THE TERM
OF THE COLLECTIVE BARGAINING AGREEMENT
BETWEEN THE CITY OF PUEBLO AND THE
INTERNATIONAL BROTHERHOOD OF POLICE OFFICERS
LOCAL 537 FOR A ONE-YEAR PERIOD COMMENCING
JANUARY 1, 2021 THROUGH DECEMBER 31, 2021
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 June 13, 2022 .
Final adoption of Ordinance by City Council on June 27, 2022 .
President of City Council
Action by the Mayor:
☒ Approved on June 29, 2022 .
□ 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 # T-1
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: June 13, 2022
TO: President Heather Graham and Members of City Council
VIA: Marisa Stoller, City Clerk
FROM: Mayor Nicholas A. Gradisar
Robert P. Jagger, Deputy 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
SUMMARY:
Attached is a proposed amendment to the collective bargaining agreement (“Labor Agreement”)
between the City of Pueblo and the International Brotherhood of Police Officers Local 537
(“Union”) which would provide for a 7% increase as opposed to a 2.5% increase in 2023 and
which would grant the City the option to extend the Agreement for one successive one-year term.
PREVIOUS COUNCIL ACTION:
Pursuant to Ordinance No. 9532 approved August 28, 2019, the City entered into a collective
bargaining agreement (“Agreement”) with the Union for calendar year 2020. The Agreement
granted the City the option to extend the Agreement for two successive one-year terms with a
2.75% increase in the salary schedule for year 2021 and a 2.5% increase in the salary schedule
for year 2022.
Pursuant to Ordinance No. 9727 approved June 26, 2020, the parties amended and extended the
Agreement and provided for no increase in the salary schedule during calendar year 2021. The
amendment retained the City’s right to extend or not to extend the Agreement for calendar years
2022 and 2023 at the rates previously agreed.
Pursuant to Ordinance Nos. 9942 (May 24, 2021) and 10183 (May 23, 2022), City extended the
Agreement for calendar years 2022 and 2023 at the rates previously agreed
BACKGROUND:
The proposed amendment to the “Labor Agreement” would provide for a 7% increase as opposed
to a 2.5% increase in 2023 and would grant the City the option to extend the Agreement for one
successive one-year term.
The decision to extend the term of the Labor Agreement must be made by the City Council on or
before the 1st day of June 2023. The extended term shall be upon the same terms and conditions,
except that wages shall be as follows:
The monthly pay rate for each class, grade, step or position of employees shall be
increased over the amount set by Ordinance establishing the 2023 pay levels by an
amount equal to the Regional Adjustment multiplied by the CPI Index. For purposes of
the foregoing calculation, the following terms have the following meanings:
“Regional Adjustment” means the quotient obtained by dividing the 2023 average
annual cost of living index for the Pueblo, CO Metro (Pueblo Urban Area) by the
2023 average annual cost of living index for the Denver-Aurora-Lakewood CO
Metro (Denver Urban Area). The average annual cost of living index for each area
shall be the composite index of the same name as published by the Council for
Community and Economic Research (C2ER); and
“CPI Index” means the percentage increase for the period from January 2022 to
January 2023 according to the following CPI index published by the United States
Department of Labor’s Bureau of Labor Statistics:
Population Coverage: CPI-W
Area Coverage: Denver-Aurora-Lakewood Colorado
Series Items: All Items
Base Period: 1982-1984=100
FINANCIAL IMPLICATIONS:
The total estimated cost of the contract for 2022 including the across-the-board wage increase of
7% and step increases is approximately $1,406,017.
BOARD/COMMISSION RECOMMENDATION:
Not applicable.
STAKEHOLDER PROCESS:
Not applicable.
ALTERNATIVES:
If the City Council does not approve the amendment, the Labor Agreement would remain at a
2.5% increase in 2023 and there would be no agreement for 2024, i.e the entire contact would be
opened for negotiations in 2023 for 2024.
RECOMMENDATION:
City Administration recommends approval of this Ordinance.
Attachments:
Amendment to the Collective Bargaining Agreement between the City and the Union
AMENDMENT TO COLLECTIVE BARGAINING AGREEMENT
This Amendmero Collective Bargaining Agreement ("Amendment") is entered
into this e74 day of si0wt..,. , 2022, by and between the International
Brotherhood of Police Officers Local 537 ("Union") and Pueblo, a municipal corporation
("City").
WHEREAS, City and Union are parties to a collective bargaining agreement
effective January 1, 2022 through December 31, 2023 (herein "Labor Agreement");
WHEREAS,_the parties mutually agree to the amendment of the Labor
Agreement according to the terms and conditions herein provided.
NOW THEREFOR, in consideration of the foregoing and mutual covenants
contained herein, the parties agree as follows:
A. Article 2 of the Labor Agreement is amended to read as follows:
ARTICLE 2. TERM OF AGREEMENT
This Agreement shall be effective January 1, 2022, and all of its provisions shall remain fully
effective through December 31, 2023 and may be extended by the City for one (1)successive one (1)year
term.
The decision to extend the term of this Agreement shall be made by the City Council on or before the 1st
day of June 2023. The extended term shall be upon the same terms and conditions, except that wages
during each extended term shall be as provided or otherwise determined pursuant to Article 16 of the
Agreement and health insurance shall be as provided or otherwise determined pursuant to Section 23.1. If
the City Council shall fail to extend the term of the Agreement as stated above, then either party may
commence negotiations for a successor agreement by serving notice pursuant to the City Charter on or
before June 21, 2023.
B. Article 16 of the Labor Agreement is amended to read as follows:
ARTICLE 16. SALARY
Effective January 1,2022,the monthly pay rate for each class,grade,step or position of employees covered
by this Agreement shall be increased by 2.75 % over the amount set by Ordinance establishing the 2021
pay levels.
Effective January 1,2023, the monthly pay rate for each class,grade, step or position of employees covered
by this Agreement shall be increased by 7.0 % over the amount set by Ordinance establishing the 2022
pay levels.
If, and in the event that, the City exercises its option to extend the term of this Agreement for the period
January 1, 2024 through December 31, 2024, the monthly pay rate for each class, grade, step or position
of employees covered by this Agreement shall be increased over the amount set by Ordinance establishing
the 2023 pay levels by an amount equal to the Regional Adjustment multiplied by the CPI Index. For
purposes of the foregoing calculation, the following terms have the following meanings:
"Regional Adjustment" means the quotient obtained by dividing the 2023 average annual cost of
living index for the Pueblo, CO Metro (Pueblo Urban Area) by the 2023 average annual cost of
living index for the Denver-Aurora-Lakewood CO Metro(Denver Urban Area). The average annual
cost of living index for each area shall be the composite index of the same name as published by
the Council for Community and Economic Research (C2ER); and
"CPI Index" means the percentage increase for the period from January 2022 to January 2023
according to the following CPI index published by the United States Department of Labor's Bureau
of Labor Statistics:
Population Coverage: CPI-W
Area Coverage: Denver-Aurora-Lakewood Colorado
Series Items: All Items
Base Period: 1982-1984=100
C. Miscellaneous Provisions
1. The parties stipulate, acknowledge and agree that, given the terms of the
Labor Agreement as amended and agreed to herein and entered into in calendar
year 2022 including but not limited to the City's discretion to approve a future
extension in 2024, this Labor Agreement complies and satisfies all requirements
of City Charter including but not limited to Section 18(1) which limits collective
bargaining agreements to a term of not more than three years and all duties to
negotiate a successor agreement as provided in Section 8-14(m) or otherwise.
2. 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 LOCAL 537, INTERNATIONAL
BROTHERHOOD OF POLICE
OFFICERS
By: 7ce.€041 By: ..1111
Mayor sident
ATTEST: 'n - ATTEST:
City CI