TO:
Honorable Mayor and Members of the City Council
THROUGH:
Bruce Moe, City Manager
FROM:
Lisa Jenkins, Human Resources Director
SUBJECT:Title
Conduct Public Hearing Regarding the Impasse Between the City of Manhattan Beach and the Manhattan Beach Firefighters’ Association (Human Resources Director Jenkins).
(Estimated Time: 1 Hr.)
DISCUSS AND PROVIDE DIRECTION
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RECOMMENDATION:
Staff recommends that the City Council consider public testimony and provide direction regarding the impasse process with the Manhattan Beach Firefighters’ Association.
FISCAL IMPLICATIONS:
There are no fiscal implications associated with conducting a public hearing. After the public hearing, should the City Council implement the City’s Last, Best and Final Offer, cost savings are estimated to be $133,934 annually, which include the costs associated with the 3% salary increase. A costing spreadsheet reflecting annual costs and savings associated with the City’s Last Best and Final Offer is attached to this report.
Although not an immediate fiscal impact, several of the City’s proposals associated with the City’s Last, Best and Final Offer could result in future savings if they were implemented, such as the modified longevity tiers and paramedic pay for Fire Engineer and Fire Captain, which apply to future employees only. The overall costs and savings within the bargaining unit over time are dependent on a variety of factors, including future Council decisions regarding staffing levels within the Fire Department and associated salary and benefits, and overtime, costs or savings.
BACKGROUND:
The last Memorandum of Understanding (MOU) between the City of Manhattan Beach (“the City”) and the Manhattan Beach Firefighters’ Association (MBFA), herein referred to as “the parties”, expired on June 30, 2020. On June 4, 2020, the parties agreed to maintain the provisions of the current MOU beyond the expiration date and begin negotiations no later than January 30, 2021. Negotiations began in February 2021. During the negotiations process, the parties met five times and exchanged eight formal proposals, as well as informal supposals and concept sharing.
The Meyers-Milias-Brown Act (“MMBA”), codified in Government Code sections 3500-3511, governs labor management relations in government employment, including for the City of Manhattan Beach. The MMBA sets forth the procedures for labor negotiations, as well as requirements for factfinding should it be requested by the labor association following a declaration of impasse in the negotiations process.
The City has an adopted “Employer-Employee Organization Relations Resolution”, which implements the provisions of the MMBA and pertains to the procedural aspects of employee organization and negotiation. This resolution defines impasse as the point in the negotiations process when “the representatives of the City and a Recognized Employee Organization have reached a point in their meeting and conferring in good faith where their differences on matters to be included in a Memorandum of Understanding, and concerning which they are required to meet and confer, remain so substantial and prolonged that further meeting and conferring would be futile.”
The City declared impasse on April 27, 2022, after the MBFA rejected the City’s Last Best and Final Offer, which was issued on April 10, 2022. Per Government Code Section 3505.4, the employee organization (MBFA) may request that the parties’ differences be submitted to a factfinding panel. The MBFA made a request to the Public Employee Relations Board (PERB) on May 26, 2022, to have the impasse submitted to a factfinding panel. The parties subsequently agreed on a neutral factfinder to chair the three member factfinding panel provided for in the law. The factfinding hearing occurred on August 5, 2022, and the final factfinding report was issued on September 9, 2022. The City Council held a closed session on Monday, September 12, 2022 in which they directed a public hearing regarding the impasse. The factfinding report was made publicly available on the City’s website on September 13, 2022. The factfinding report and notice of tonight’s public hearing was sent out to the public on September 13, 2022, including posting on the City’s social media platforms and website and releasing to the media and to “news subscribers” via e-notifications.
DISCUSSION:
Through its designated labor negotiator, the City Council has asserted to the MBFA its position in the labor negotiations throughout the negotiations process. The Council has also communicated with the public regarding its goals in the negotiations process. Specifically, the City Council believes that the provisions it has proposed to the MBFA provide an opportunity to:
• Preserve and enhance local fire services now and into the future, including maintaining all MBFA employees as paramedics
• Reduce excessive overtime costs, thereby curtailing unnecessary spending, while mitigating the potential for burnout and firefighter fatigue
• Increase consistency across City departments
• Improve decision-making autonomy for management
• Align compensation with market for future employees, while preserving compensation for current MBFA members
The City Council has articulated its position in the negotiations and the merits of its various proposals in several joint statements that are available on the City’s website at: <https://www.manhattanbeach.gov/government/city-council/fire-negotiations>
At this public hearing, the City Council will provide an opportunity for its labor negotiator, Peter Brown, to provide a presentation to the public regarding the proposals at issue in these negotiations and an opportunity for the MBFA’s representative to present their position. The City Council will also receive comments from the public regarding the impasse with the MBFA.
Following this public hearing, the City Council may, if it chooses, implement its Last, Best and Final Offer. In this case, the City Council may consider adopting or modifying the attached draft resolution to implement the Last, Best and Final Offer.
LEGAL REVIEW:
The City Attorney has reviewed this report and determined that no additional legal analysis is necessary.
ATTACHMENTS:
1. City of Manhattan Beach Last, Best, and Final Offer (April 10, 2022)
2. Estimated Costs and Savings of Last, Best, and Final Offer
3. Declaration of Impasse (April 27, 2022)
4. Manhattan Beach Fire Association’s Last, Best, and Final Proposal (July 12, 2022)
5. Factfinding Report (September 9, 2022)
6. Government Code Sections 3505.4 Through 3505.7 Inclusive
7. Resolution No. 4506
8. Resolution No. 22-0136