HomeMy WebLinkAboutMINUTES - 07312012 - D.2RECOMMENDATION(S):
ADOPT Resolution No. 2012/326 to implement certain terms and conditions of employment from County's
Last, Best, Final Offer for the Contra Costa County Deputy District Attorneys' Association.
FISCAL IMPACT:
The terms and conditions set forth in this action 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
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
Mary N. Piepho, District III Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V
Supervisor
NO:Candace Andersen, District II 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, County Auditor-Controller
D. 2
To:Board of Supervisors
From:David Twa, County Administrator
Date:July 31, 2012
Contra
Costa
County
Subject:Resolution No. 2012/326 Implementing Terms & Conditions of Employment from County's Last, Best, Final Offer
for Deputy District Attorneys Association
FISCAL IMPACT: (CONT'D)
$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.
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.'
The County Administrator has recommended that the Board of Supervisors acknowledge receipt of the
Factfinding Report and Recommendation and hold a public hearing regarding the impasse. The County
Administrator is now recommending adoption of Resolution No. 2012/326 imposing the following terms and
conditions of employment from the County's Last, Best, and Final Officer for the Contra Costa County Deputy
District Attorneys' Association:
Salaries- Section 5
Effective September 1, 2012, the base rate of pay for all classifications represented by DDAA will be
reduced by 5.24%. This is a reduction of 3.09% plus 0.62% for the delay of wage reduction between
July 1 and September 1 and an additional reduction of 1.53% for delayed implementation of
subvention between January 1 and September 1.
Health and Dental Benefits - Section 13
Language in regard to dependents has been updated to reflect current federal healthcare laws.
Retirement Contribution - Section 16
Effective September 1, 2012, employees are responsible for one hundred percent (100%) of the
employees' basic retirement benefit contribution as determined annually by the Board of Retirement
of the Contra Costa County Employees' Retirement Association.
Vacation Buy-Back - Section 23
Employees promoted or hired by the County into any classification represented by the Association on
and after August 1, 2012, are not eligible for the Vacation Buy Back program. However, employees
who were previously eligible for the Vacation Buy Back benefit prior to promoting into a
classification represented by the Association will retain that benefit after promoting into a
classification represented by the Association.
Automated Time Keeping
The Association will continue to meet and confer with the County regarding implementation of an
Automated Time Keeping system for all County employees.
All other terms of the expired MOU remain unchanged.
CONSEQUENCE OF NEGATIVE ACTION:
The County will not realize the structural savings associated with this action.
CHILDREN'S IMPACT STATEMENT:
None.
CLERK'S ADDENDUM
Speakers: John Cope, Contra Costa District Attorneys Association (CCCDDAA); Jason Peck, resident of
Walnut Creek; Simon O'Connell, resident of Danville; Ken Westerman, President Deputy Sheriff's
Association; Chuck Blazer, CCCDDAA; Aron J. DeFerrari, resident of Alamo; Kate DeFerrari, resident of
Alamo; Mark Peterson, District Attorney.
ATTACHMENTS
Resolution No. 2012/326
Factfinding Report dated June 26, 2012