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1978/01/11MINUTES EXECUTIVE BOARD January 11, 1978 SPECIAL MEETING This Special Meeting was opened at 7:30 a.m. by Mayor Arthur B. Powers. Deputy Mayors Joseph P. Lanzoni and Robert A. Argazzi were present. Also present were: Clifford A. Landry, Jr., Administrative Projects Di- rector (part of the meeting); and Harry N. Jackaway, Corporation Counsel, (part of the meeting). On motion by Mr. Lanzoni, seconded by Mr. Argazzi, it was voted to hire Michael Demma and Peter Hungerford as 'Maintainer I's. These are regular Town employees and they will be'filling two vacancies on the Highway De- partment. MOTION CARRIED. On motion'by Mr. Lanzoni, seconded by Mr. Argazzi, it was voted to author- ize the posting of a "Notice of Position Opening" by Mr. Landry for a Maintainer II to fill the vacancy of William Davis who has left the High- way Department. MOTION CARRIED. At this point, Corporation Counsel came in to discuss the Police Union Contract which has been approved by the Board of Police Commissioners and tentatively approved by the rank and file of-the union membership (the union is going to review the final draft and a date will then be set up for signing of the contract). Mayor Powers opened this discussion by reading from the Police Commission's minutes of their Special Meeting held on 1/6/78: "Motion by Commissioner Caccavale, seconded by Commissioner Valenti,and approved that the meeting be held in Executive Session." During the Special Meeting of the.Commission, the. Mayor,, who was*present, along with Corporation Counsel Jackaway, "stated that he would like to clarify a few. points. He first stated.that he did not like politics being brought into union negotiations". :The: Mayor them went on to tell the Com- mission that under General Statutes of Connecticut ?-474, the Chief Execu- tive Officer or his designate is to conduct negotiations in collective bargaining. He said that during December of 1976 the Executive Board ap- pointed the:Corporation Counsel:andlthe Police Commission to act in its behalf to negotiate the contract'with the Mayor reserving the right to en- ter in when it was in the Town's best interest. Letters to this effect were sent to both the Police Commission and the Corporation Counsel. In those same minutes, Commissioner Miglioli pointed out to the Mayor that "there was nothing in the Charter which refers to negotiations and that the Charter does refer to wages. Mayor Powers told Mr. Miglioli that Connecticut General Statutes 7-474 supersedes any other local actions and that the Town is governed by 7-474 and Attorney Jackaway:concurred with the Mayor's remarks. Further quoting from the minutes: "Mayor Powers pointed out that he recognized the fact that most of the contract was negotiated by the Commission and Corporation Counsel. He was called in at the Commission's request. When the contract reached an impass the Union in the person of Mr. Wilson, Chairman DiMaggio, Attorney Jackaway and Mayor Powers realized the need to reach an agreement rather than go before binding Executive Board Minutes 1/11/77 -2- arbitration. Mayor Powers pointed out that only two changes were made since the Commission approved it and that was in the area of wages and vacations. Mayor Powers stated that when Attorney Jackaway called him and informed him that the Union .approved the contract he requested that the Board of Police Commissioners also approve the contract. Attorney Jackaway then contacted Chairman DiMaggio of the Board and informed him of the Mayor's request. Chairman DiMaggio then called each member of the Board and informed them of the changes and each member approved of the contract as changed. Mayor Powers stated that it was not necessary for the Board to approve but he felt that they did most of the work and that they should approve before the Executive Boars voted and approved the con- tract". Continuing to quote from the Board~of Police COmmissioners' minutes of 1/6/78: "Commissioner Miglioli felt that the Commission negotiated in good faith and that their representatives agreed to the contract and when it was submitted to the body they disapproved of it. He felt that the Town should have at that point gone to binding arbitration. Attorney Jackaway pointed out to Commissioner Miglioli that this would have taken considerable time and might result in unfavorable decisions to the Town and that the way the contract was settled was best." At that point the Board'of Police Commissioners went into Executive Session and, on proper motion, approved the contract. Mr. Argazzi asked the Mayor why he had said that about not bringing tics into it. The Mayor replied that Mr. Miglioli had made some statements in the press which were obviously very political. Mr. Argazzi asked again who has the authority to negotiate the contract and the Mayor explained it to him. Mr, Argazzi said:, Okay, I don~t want t!o make a big issue over this. Mayor Powers said he felt the Board was ent~d7 a a u at the meeting of the Police Commission on 8 h c was taken. ~ Mr. Jackaway then presented the contract. He said that it follows the format of the old contract. He said the union attempted to negotiate a few things out of the contract but they didn't succeed. He suggested that we "walk through" the contract' page by page to point out the changes from the old contract. Page 6: Para. 1.of Section 4.4, 2nd .sentence: The written examination shall be conducted by the State Personnel Department or some other board satisfactory to both parties'. (underscoring indicates additional Wordking Page 6: Section 4.5, A change in this section provides for an increase from 7 to 1S days to return to work after notice of recall from a layoff.~ Executive Board Minutes -3- Page 7: Sec. 4.8 This is a entirely new section as noted by the under- scoring: All members assigned temporary duty or performing duties of a higher classifi6ation ~'hhll be paid a higher rate °'f'~ay. That rate ' b~ing of the same rh~e normally paid for the'ddties bein~ performed. This is to includ~"the ma~ When he is p'e'r~orming ihe duties 0~"a sergeant when said sergeanff'is either out sic~ Or scheduled on'a day 0~'~' for any reaS'~"n. W~'e~ speaking of job cla~ificati°n, it is to ~e"~ .~X' an~ all d~ies not normally performed in one's own classificatiOn. However, no member shall be entitled to the higher rate Of pay if he is serving in the post for training, purposes only, as dep~gnate~ bM the Chief Of Police. Page 9: Sec. 5.9. This is also an entirely new section: Overtime assignments shall be allocated by means of a card file system. Said sys- iem shall consist ~ cards,'""~ach bearing the name of an employee Who has indica'ted his desire '~br suc~ Overtime work. As overtime becomes avail- able, assignments Shall be ~'f'~ered on a rotation basis. The cards of ~mployees accepting overtime and the Cards of employees who reject such overtime shall be plac'e~' at the rear of the file. Page 11: Se'c.6f2:~In this section the only change is that the rate per hour paid for extra duty assignments goes up from $6.50 to $6.75 and in 1978 it goes to $7.00. Page 12: Sec. 7.2 is another entirely new section as follows: The De~ partment shall maintain a record of each empl0Mee of one week leave ac- cumdlated and t'a~en E~ lo ees shall receive one'"-{1) personal leave day "' ' 'P ¥ ........... be for each three (5) month period of perfect attendance. Thxs day ~s to ~aken off'at the' discretion Of'the officer, upon giving seven (7)dayS~ notice to the Department. Any_.e~ployee who has a perfect attendance ~or a twelve (12) month period shall receive one (1) additional personal leave ~a~. The maximum amount that an employee may accumulate shall not exceed .... five (S) days. During discussion, it was noted that this provision is hopefully going to solve the problem of the same few officers each year who use up each of their sick days. It's an incentive program to keep the men on the job. Mr. Jackaway said it boils down to a possible savings of as much as 10 days each year. Page. IS: Sec, 9~1: The Vacation with'pay provision now reads: One Year of Service:Two weeks; Five'Years of Service - Three weeks; and Fifteen Years of Service Four Weeks. NOte: The underscored portion is a new added benefit. 'This corresponds to what other Town employees are receiving. Page 18: Top of the page (which is a continuation of Sec. 1.1-5 The time during which a grievance can be submitted has been increased from fiVe days to ten days. Page 22: Sec. 15.1: The clothing allowance has been increased from $255 to $250 per man, per year, including the Dispatchers. Executive Board Minutes 1/ll/7S -4- Page 25: Section 14.1: This section notes the addition of the Maternityz~ Rider to the Blue Cross Seni-Private Room Plan. ' Page 23: 'Sec. 14.3 This section includes the new unlimited benefits up to $1,000,000, with $100 deductible, 80/20 co-insurance, and special de- pendent rider under the Blue Cross Major Medical Insurance Rider. Page 25: Sec. 14.5.: This is a new section as follows: DisabilitK Benefits Eligibility for Disability Benefit. A participant shall ~ eligible to re- ceive a DisabilitY 'Bene~i~'hnder thi~ Plan if he meets the following re- quirements: ['a)'"~e is permanently disabled as a re'sult'"0'~"~njury sustained in the Performance of his duties as a member of the Berlin Polic~ Depart- ment; (~J His diSabi'li't~ ~s such that it Will precl_ude his performing i~e required du'i-i~s of a member of the Berlin Police Department. Determination Of"Disability. A Par'tik~pant's disability as de§gri~d i~ SeCti°n 1 shall be deteC~ined throug~ examinations by two physicians, one of Whom shall be selected by the Empig~eF[- If the two physicians selected do not concur in the determinat'~5~"Of the Par'ticipan. t s disability, then a third physician acceptable fo' b~-i-~-parties will be appointed, and his decision Shall be 'i~hal and ~nding, Amount of Dis'ab'i'li"~y"Bene£it. Upon the '~'e~'e'rmination df SUch Participant's eligibility for disability'benefits,.hereunder, he shalI recei~ ~early disi~ility benefits eqUal in amount ~i~ s0% of his basic annual rate of pay as shown on his zearly contract the~ zn effedt less any payment§ fr°m the following s'ou¥ces: ..... ('1)' Any periodic cash payments pro- vided on aC'~'0-ff~t- of the employee's disabilitY (Z) under any group znsurance coverage or similar arrangement of coverage for~individuals in a group; [b~ §y..onp_-half of the Federal Social Security Act, e~ciuding benefits payabl~ to the employee'g dependents on account of th~ employee's disability; (c by any state or federal government disability or retirement plan; (d) under or on account of any workmen"s compensation or similar law; which become pay- able on o'r'a'~er th~ commencement Bf the disabilit~ fo~"which Monthly income 'is payable; and 2, A~y ~ederal O.ld Age Beneffts p~ovided unde~ ~he Federal godial Security Act. For the purposes of item (land (2) above, each em- ployee who ~ covered under the Federal Social Security ~ci will be con- sidered to be receiving peri°di~ ~ash payments under such Act, ~n an amount equal to the amount he would receive were he receiving such payments, unless the employee submits Proof that such payments have been applied for but are not payable. Suc~enefit§ §hill be payable directl~ from the pension fund and shall be ~ayabl~onthly commencing on t~e fir§t of the month fo_l~pwing the determination of such disability. Cessation of Disability Benefft. Upon the Participant's attainment of his Normal Retirement Date, di:~b~itM benefits will immediately cease and Retirement Annuity payments will begin. The Retirement Annuity payments received~ill equal the amount determined on his Normal Retirement Date assuming that hi~ dishbii~ty earningp did not cha~ge f6~ each year that he was disabled in accordance with the terms of this section. In discussing this new section, Mr. Jackaway Said this is What the union really wanted badly. Mostly is was the union representative that kept fighting for it. ~e don't have any cost figures on this until we get our first case of someone, getting hurt, sai-d the Mayor. © Executive Board Minutes. 1/ll/78 -5- Page 26: Continuation of Section 14.6, Pension Plan. In this section a new clause has been added which allows eligible employees to continue to participate in this Plan until they complete 25 years active service or reach the age of 65 years, whichever event occurs sooner. Page 27: The new rate schedule of pay increase is: the first year - $550; the second year - $600 and; the third year - $650. Page 28: The Longevity Pay is also changed by adding $150 after 10 years of service. Previously they received $100 after five years and then it went up to $200 after 15 years. We are just adding one new step. This is a three year Contract. On motion by Mr. Lanzoni, seconded by Mr. Argazzi, it was voted to approve the contract between the Town of Berlin and the Berlin Police Union, and authorize the Mayor to sign on behalf of the Executive Board. MOTION CARRIED. A date will be set for the signing. Mayor Powers commended the Corporation Counsel and the Police Commission for their hard and dedicated work on this contract. The Mayor said he felt it was fair to all parties concerned. Mr. Jackaway expressed his thanks to the Executive Board and thanked Mayor Powers for his help, especially during key moments. Mr. Lanzoni said it was certainly a good job done. Mr. Argazzi said he also £elt a good job had been done. Re£erring to statements made earlier in the meeting, Mr. Argazzi said I hope you realize I didn't mean to get political. There being no further business, the meeting adjourned at 8:50 a.m. Respectfully submitted, Patricia A. Casella Secretary