Minute Index

May 12, 2005, Special Council Meeting

The special meeting of the Clarion Borough Council was held on May 12, 2005, in the Clarion Borough Offices.

President Wilshire called the meeting to order at 8:00 a.m.

Councilmembers present included Messrs. Zerfoss, Herman, Crooks, Ms. Vavrek, Ms. Moore, Mr. German, and President Wilshire.   Ms. Lapinto, Mr. Ragon, Chief Hall, and Mayor Smathers were also present.   Solicitor Marshall and Mr. Stutzman were absent.  

President Wilshire stated the primary purpose of the meeting is to consider the new Police Contract and asked Mr. Herman to discuss it.

Mr. Herman started by stating the term of the contract had been 3 years, but everyone agreed to go to a 4-year contract.   Over the life of the contract, the wage increases will be as follows: 3.5% the first year; 3.2% the second year; 3.2% the third year; and 3.5% the fourth year.   Mr. Herman commented the Public Safety Committee and Ms. Lapinto felt very strongly on two issues; healthcare and arbitration.   The Department had Blue Cross/Blue Shield through a rider policy with Teamsters Union.   It was agreed to go to a UPMC Program, a PPO Plan, which is very similar to the current plan.   This plan will be purchased through the Burns and Burns Agency.   Mr. Herman reported the arbitrator fee had been paid solely by the Borough.   Over the proposed 4-year contract, it would eventually work up to a 50-50 split on the arbitrator fees.   The Committee felt that was a good first step in trying to get things more balanced.   By changing healthcare plans, Mr. Herman pointed out the Borough saves a little over $24,000 in the first 12 months, and there’s about an $11,000 difference involved between 3.2% and 3.5% increases.   Everyone can see there is a savings to the Borough.

On a motion by Mr. Herman with a second by Ms. Vavrek to ratify the Police Contract for the years 2005-2008.

President Wilshire asked for any questions or discussion.

Mr. German thanked Mr. Herman and the Public Safety Committee for the efforts they made during the last several months concerning this contract; however, noted he must vote no.   Mr. German stressed his decision is based on several factors none of which are related to compensation of payment for the performance of the officers of this Borough.   The contract before the Councilmembers does not address problems that will continue to hurt the taxpayers of this community for the next 4 years.   In conclusion, Mr. German stated he’s not on one side or the other by making these comments and did not intend to hurt any members of Council present.   Mr. German evaluated the entire contract, and not just the proposed changes, and feels these areas need to be looked at for the further benefit of the entire community.

President Wilshire asked for any other comments or questions.

Mayor Smathers questioned if Ms. Lapinto completed any kind of an analysis financially to determine the affect on Clarion Borough’s millage rates and what the new contract will cost over the next 4 years.

Ms. Lapinto stated there shouldn’t be an increase in millage over the total 4 years.

Mayor Smathers asked how Ms. Lapinto can say that.

Ms. Lapinto reported she knows what the Borough has.   The Borough will save money on the hospitalization.   Another place money will be saved is by allowing the police officers to carry over one week of vacation.   That will eliminate the tremendous amount of overtime taken during the month of December.

Mayor Smathers asked the equivalent of one mill.

Ms. Lapinto stated approximately $35,000.

Mayor Smathers feels increases alone will cost a mill.   Carrying over a week of vacation is now understandable and is a positive change.   Every other change of the proposed contract is in favor of the officers, Mayor Smathers thinks a spreadsheet should have been prepared to analyze the affects of all these additional costs.

Ms. Lapinto reported the Committee did that and has been working on this since last June.   All the numbers have been run and can be provided.

While applauding the efforts of the Committee trying to save on healthcare costs, Mayor Smathers doesn’t feel the Borough can count on that being a long-term saving.   The Borough will save the first year but who knows what would happen after that.

Ms. Lapinto pointed out that’s why a clause was included stating the employer will review it in a year.

Mayor Smathers asked for clarification on the last sentence in the arbitration clause that states ‘all other costs are the responsibility of the side incurring them’.

Mr. Herman reported it means basically the same as it has been.

Mayor Smathers inquires what the Borough would have saved under the arbitrator scenario the Borough just had where it cost about $15,000.

Ms. Lapinto stated about $1,200.

Mayor Smathers pointed out the Borough would still have been responsible for the remaining $13,000, but again it’s a move in the right direction.

Mr. Herman announced the Committee looked at contracts from every Western Pennsylvania police department that would respond and discovered all but one has a split cost in the arbitrator fees only.   If the contract were taken to arbitration on this issue, the Committee felt the 50-50 split would have been the result.   Because an arbitrator would look at sample contracts from a variety of departments to see what each provides.

Mayor Smathers questioned how many communities the Committee talked to and asked if this was the common thing to do throughout the region.

Mr. Herman stated approximately 15-20 contracts were obtained and verified it was.

Ms. Vavrek feels it’s important to point out the Committee explored other contracts to compare issues besides just arbitration.   Before changing any area, the Committee wanted to make sure the Borough was comparable to other departments.   It’s very difficult to come up with an argument as to why you wouldn’t do it as well.   Ms. Vavrek thinks it’s fair to say the Committee used the other contracts as a guide to see what was offered and why.   Also, Bob Stowman, head of FOP, was very good in terms of giving the Committee estimates and reads of other police department contracts.   Mr. Stowman was another source of expertise the Committee was able to use.

Mr. Herman added Attorney John Lasky was also used as a reference tool to verify the facts and information the Committee gathered and to inform the Committee his feelings on if it would be something good for the Borough to do or not and if too much would be given away by granting certain provisions.

Ms. Vavrek reported the officers wanted more money for shift differential, but the Committee didn’t feel it should be given.

Ms. Lapinto informed Councilmembers another area the Borough saved was in longevity.   Some departments base longevity on a percentage of an officer’s wages, which could run up to thousands of dollars.   The Borough’s longevity is definitely lower.   Ms. Lapinto has all the contracts for anyone’s review.   The Committee tried to concentrate on the University communities and communities in the locality.   Wages are lower, but shift differential is a little higher.   In reference to Mr. German’s comments on overtime, Ms. Lapinto stressed that has been past practice for 20 years or more and is not sure how to address it.   It hasn’t been created by anyone here.

Mr. German agreed there’s not a clear solution, but it is a problem and understands it’s a problem created by past Council’s.   Past practice doesn’t make it right.   That needs looked at and addressed sooner or later.

Ms. Lapinto stated it’s important for the Chief and her to work closely together.   If it’s somebody’s day off or a holiday, the records need checked to make sure if it’s someone’s birthday that he does not get called in.   It’s an on-going thing to control overtime.

When a contract is negotiated, President Wilshire thinks people do not want to give up past practice items.  

Ms. Lapinto learned a long time ago, and Ken Means was her absolute teacher, that although you may want to be nice and give something extra, you have to follow the contract.   Because once you change, past practice is created.   For instance, someone dies and an employee needs an extra day off; in your heart, you may say yes, but you can’t because it creates past practice.

Mayor Smathers inquired what the reasoning was for adding a 25-year step for the longevity.   If an officer works 25 years, then he would make $10,000 in longevity pay.

Mr. Herman doesn’t feel $400 is going to make an employee hang around for another year.   It’s a flat fee of $400 for the year.

Mayor Smathers verified everyone understands it’s a flat rate.

Ms. Lapinto stated yes.

On a final comment, Mayor Smathers realizes he doesn’t have a vote and suspects there are at least four Councilmembers that will vote to approve the contract.   The contract does ask the Mayor to sign it, which he will not do.   Mayor Smathers doesn’t know if that makes a difference at all but pointed out the reason is because some Councilmembers and himself were not allowed to be a part of the negotiations and were kept in the dark.   Mayor Smathers predicted awhile ago that the proposed contract would be given to everyone and thrown out on the table for a vote without adequate time to debate it, which is what is happening.

President Wilshire asked for any other comments.

Mr. German inquired what happens then.

President Wilshire stated Councilmembers will vote on the contract.   As far as the Mayor not signing it, President Wilshire asked Ms. Lapinto to research this and asked her to explain.

Ms. Lapinto received documentation that the power for the Mayor to sign any contracts or agreements was removed in the Mayor’s Code in 1980.   The Mayor only signs ordinances or any resolution that is of a legislative nature.   The contract is an agreement.   The only person that would sign it would be the President of Council.

Hearing no other questions, President Wilshire asked for a roll call vote.

The motion carried after the following roll call vote: Mr. Zerfoss, yes; Mr. Herman, yes; Mr. Crooks, yes; Ms. Vavrek, yes; Ms. Moore, yes; Mr. German, no; and President Wilshire, yes.

President Wilshire asked for any other business.

Mr. Herman stated Ms. Lapinto received a letter from Dave Swanson resigning from the Civil Service Commission.   Mr. Herman made a motion that Council accepts his resignation, with regrets, so Council can search to fill the vacancy.   Mr. Swanson has done a tremendous job at helping the Borough overhaul the rules and regulations.   Mr. Herman thanked Mr. Swanson for his efforts and time.

On a motion by Mr. Herman with a second by Ms. Moore to accept the resignation of Dave Swanson from the Civil Service Commission, with regrets.   The motion carried with a vote of seven yea.

Back to the last Council Meeting, when Mr. Bob Stowman stated one of the police officers was trying to negotiate his own contract, Mr. Zerfoss stressed that was not a rumor.   As hard as the Public Safety Committee and Bargaining Unit were working together to come up with a contract, Officer Peck decided he wanted his own contract or would leave the area.   Mr. Zerfoss knows this is true, because he was one of the Councilmembers Officer Peck contacted for a contract.   Mayor Smathers mentioned in his letter that he couldn’t do anything for Officer Peck that it would be up to Council.   While the contract was being debated, Officer Peck approached Mr. Zerfoss about a position he was going to take at another department, which he didn’t really want to leave Clarion Borough, unless Council would give him $3,000-5,000 more a year and the title of Assistant Chief of Police.   Mr. Zerfoss stated that is wrong for one officer to go around in the back door to get his own contract.   Mr. Zerfoss wanted everyone to be aware that this was not a rumor.

Mr. German asked Mr. Zerfoss if he stated he was one of several.

Mr. Zerfoss commented he was one Councilmember and cannot speak for the other six but stressed he wanted the minutes to reflect that.

Mr. German inquired if any other Councilmembers were contacted.

Ms. Moore, Ms. Vavrek, President Wilshire, and Mr. Crooks all stated he/she were not.

Mr. Crooks asked Mr. German if he was.

Mr. German reported no.

Mayor Smathers commented he was never contacted but knew Officer Peck mentioned it to the Chief and the Chief relayed it to him.

Mr. Herman thanked Ms. Lapinto and the Committee members and thinks the Committee formed a very good team and did a good job trying to share information and ideas.   It did take some time.   One thing that really helped both parties involved was everyone remained patient and communicated the whole process without ever getting upset.   Meetings were held in a very low-key fashion, and it was handled in such a way it spurred a friendship atmosphere rather than an adversarial relationship.   Mr. Herman thanked the Bargaining Unit and Mr. Stowman for their efforts as well.   Hopefully, this will be the start of a more cooperative working arrangement on other issues in the future.

President Wilshire asked for anything else.

Mr. German asked what items cannot be taken on Clean-Up Day.

Ms. Lapinto reported those items would be anything containing Freon, household garbage, tires, and batteries.   Paint cans will only be taken if empty and dry, with the lids off.   Tree limbs, brush, and grass clippings are being collected until Friday only.   It will not be taken on Saturday.   Through the Agility Program with Penn Dot, the Borough cleans the state streets and in return is able to use Penn Dot’s chipper for the week.   Ms. Lapinto asked Ms. Andrea Maitland to e-mail all businesses reminding them about Clean-Up Day.

Since this is the first year, Mr. Crooks recommends the Borough should have someone deliver information notices to the businesses.

Ms. Lapinto commented the Meter Enforcement Officer could do that.  

Mr. Ragon stated Main Street will be the first area picked up so that the items will be removed before the businesses open up.

On a motion by Mr. Herman with a second by Ms. Vavrek, the Special Council Meeting was adjourned at 8:35 a.m.

              ______________________________

              Carol Lapinto

              Borough Secretary