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HomeMy WebLinkAboutMINUTES - 07312012 - D.1RECOMMENDATION(S): ACKNOWLEDGE receipt of the Factfinding Report dated June 26, 2012, regarding the Labor Negotiations between Contra Costa County Deputy District Attorneys' Association and Contra Costa County and OPEN the public hearing regarding the impasse between Contra Costa County Deputy District Attorneys' Association and Contra Costa County pursuant to Government Code 3505.7, RECEIVE testimony, and CLOSE the public hearing. FISCAL IMPACT: This action has no fiscal impact on its own. The terms and conditions of implementing the County's Last, Best, and Final Officer are estimated to achieve a structural annual savings of $1.0 million. Of the $1.0 million, $753.5 thousand is the savings associated with the 5.24% reduction in salary and $274.4 thousand in savings from the elimination of the Employers subvention of Employee pension costs. Savings in the current fiscal year are anticipated to be $856.6 thousand. The original wage reduction was 3.09%, however, delayed implementation of the wage reduction originally slated for July 1, 2012 and pension subvention elimination originally slated for January 1, 2012 necessitated the increase to 5.24% as of September 1. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/31/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Ted Cwiek, Human Resources Director (925) 335-1766 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 31, 2012 David Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Robert Campbell, Auditor-Controller D. 1 To:Board of Supervisors From:David Twa, County Administrator Date:July 31, 2012 Contra Costa County Subject:Factfinding Report and Public Hearing Regarding Negotiations between the County and the CCC Deputy District Attorneys' Association BACKGROUND: The County has faced significant financial constraints during the economic downturn of the past several years. The majority of the County’s bargaining units have acknowledged the County’s financial challenges and have entered into Memoranda of Understanding that include significant cost-savings for the County. In fact, salaries for the majority of County employees have been reduced by an average of 3.3% for Fiscal Year (“FY”) 2012-2013. Most employee groups also agreed to pick up a larger share of pension costs—up to 5.8%—reducing the County’s projected pension increase from $15.8 million to $1.8 million. The collaborative effort of the County and these units constitutes a labor-relations success story, as the County is cautiously optimistic that the 2012-2013 budget is structurally balanced and will largely maintain services for County residents. After nine months of bargaining, the County and the Deputy District Attorneys Association reached a Tentative Agreement on March 20, 2012, that included cost-savings that the County needed from the Association in order to maintain a structurally balanced budget. While a majority of Association members voted to ratify the Tentative Agreement, the required two-thirds super-majority was not reached. After this failed ratification vote, the Association requested that the parties proceed to Factfinding. Pursuant to Government Code Section 3505.4, on June 15, 2012, the parties each provided the Factfinder with proposed terms of settlement for purposes of the Factfinding proceeding. The County’s proposed terms of settlement equaled the overall cost-savings included in the Tentative Agreement, while moving the implementation date for the new retirement tier back an additional year in an effort to reach an agreement with the Association. On the other hand, the Association proposed settlement terms that detrimentally diverged from the terms of the Tentative Agreement and would erode the cost-savings achieved in the deal between the parties. The Factfinding procedure was conducted on June 13, 2012. The parties offered evidence and argument on the subjects in dispute and agreed to waive the use of panel representatives for the Report and Recommendation. Following the session, the parties provided final written proposals on June 15, 2012. The matter was deemed submitted upon the filing of these position statements. Given the economic conditions of the County, the approval of the Tentative Agreement by Association leadership and a majority of its membership, and the substantial concessions achieved County-wide, it was clear that the terms of the County’s proposed terms of settlement should be recommended by the Factfinder. On June 26, 2012 the Factfinder issued his report (Attachment). In summary, the recommendation was that the tentative agreement proposed by the County on March 20, 2012 (subject to modification for delay) be adopted. Government Code 3505.7 states that 'after any applicable mediation and factfinding procedures have been exhausted, but no earlier than 10 days after the factfinders' written findings of fact and recommended terms of settlement have been submitted to the parties pursuant to Section 3505.5, a public agency that is not required to proceed to interest arbitration may, after holding a public hearing regarding the impasse, implement its last, best, and final offer, but shall not implement a memorandum of understanding. The unilateral implementation of a public agency's last, best, and final offer shall not deprive a recognized employee organization of the right each year to meet and confer on matters within the scope of representation, whether or not those matters are included in the unilateral implementation, prior to the adoption by the public agency of its annual budget, or as otherwise required by law.' Therefore, the County Administrator is recommending that the Board of Supervisors receive and file the Factfinding Report and Recommendation and hold a public hearing regarding the impasse. CONSEQUENCE OF NEGATIVE ACTION: The County will not be in compliance with Government Code 3505.7, will not be able to implose certain terms and conditions of employement on the Deputy District Atorneys' Association, and consequently will not realize the structural savings associated with those actions. CHILDREN'S IMPACT STATEMENT: None. ATTACHMENTS Factfinding Report dated June 26, 2012