xxx xxx Mayor Tulley advised that the hearing was a quasi judicial proceeding and a public hearing. xxx

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1 City Council Special Meeting August 31, 2009 The City Council of the City of Titusville, Florida met in special session on Monday, August 31, 2009 in the Council Chamber of City Hall, 555 South Washington Avenue, Titusville, Florida. Present were Mayor Jim Tulley and Members Walt Johnson, Paul Secor and Martha Long. Also present were City Manager Mark Ryan, City Attorney Dwight Severs and Assistant City Clerk Jolynn Donhoff. Vice-Mayor Conrad Eigenmann was absent. Assistant City Clerk Jolynn Donhoff completed the minutes. Mayor Tulley called the meeting to order at 5:00 p.m. Mayor Tulley asked for a moment of silence and led the entire assembly in the Pledge of Allegiance to the Flag. The purpose of the meeting was to conduct the Laborers International Union of North America (LIUNA) Impasse Proceedings and solve a dispute related to a wage increase for FY and whether a two percent (2%) wage increase should be made retroactive to January 19, 2009 or October 1, 2008 by the legislative body. Mayor Tulley advised that the hearing was a quasi judicial proceeding and a public hearing. City Attorney Severs outlined previous actions that occurred prior to the public hearing. He provided the procedures for the meeting related to the quasi-judicial matter. City Attorney Severs also commented on collective bargaining, arriving at a fair and impartial result, and the City and/or City Council acting as a neutral body. Impasse Proceedings LIU Local LIU Business Manager for LIU Local 678 Brad Peterson commented on behalf of the union member workers and their efforts in the field. He requested Council to think about what was fair for the workers based on the pay the workers received. He commented on a two percent (2%) increase given to other city employees, but not LIU Local 678, which he advised if granted would create good moral in the City. He also commented on voting and a tentative agreement from negotiating teams. He advised that in January 2009, ratification of an agreement was not possible, etc.

2 Attorney Representative for LIU Local 678 Toby Love commented on previous dates and time lines presented to the union, law requirements, constraints regarding previous time lines, morality, costs, use of a special magistrate, and the decision to bring the item before Council. He also commented that a wage increase was a small amount of money to uphold labor relations, continue business, etc. Mayor Tulley and Member Johnson requested clarification from Mr. Peterson regarding communication efforts including written communication and communication dates between the City and LIU Local 678 Administrators and/or Mr. Peterson. Mr. Peterson commented on a written offer from the City dated January 6, 2009, a letter from the City he received on approximately February 13, 2009, retroactivity, communication between himself and City Human Resources Director Joe Denaro, correspondence, dates, written instruments, etc. He also commented that on February 26, 2009, the union was willing to accept a two percent (2%) wage increase via a verbal negotiation session. City Labor Representative Jeff Mandel, Esquire, commented and gave his perception and an overview on the actions, dates, and communications between LIU Local 678 and the City during the bargaining sessions with LIU Local 678, etc. Mr. Mandel advised that following FY , staff worked hard to provide increases to the union workers. He advised that Human Resources Director Joe Denaro went to Central Florida PBA (Professional Benefits Administrators) and advised them that the City found the wage increase money to provide to the union. He advised that PBA would ratify and move forward with a two percent (2%) wage increase; however, the union did not respond to City staff to gain the union employees their wage increase. He followed his comments by outlining the actions taken by the City to communicate with the union. Mr. Mandel further commented that Human Resources Director Denaro continued to contact the union to set up negotiations. He expressed that the response that eventually came back from the union was that they were holding out to see if a better offer would come along. Mr. Mandel advised that retro pay was a reward to employees for efficient negotiating. He also provided further comment regarding the events that led to the second proposed retroactive pay date of January 19, Mr. Mandel advised he supported the January 19, 2009 retro pay date and discouraged an elongated negotiating period. Member Long clarified the date when the October 1, 2008 retroactive pay date proposal was suggested to be off the table and replaced with the January 19, 2009 retroactive pay date. Mayor Tulley and Member Long clarified the events, proposals, communications, dates, etc. that occurred on approximately January 21, 2009, February 6, 2009, February 13, 2009, February 16, 2009, February 26, 2009, and March 10, 2009.

3 Human Resources Director Joe Denaro provided his actions and the communications during the union negotiating process with LIU Local 678. Mr. Mandel commented on discussions held at the City Council Executive Session meeting on March 10, 2009, which involved LIU Local 678, on-going negotiations, subsequent meetings that were prior to this meeting, and a management rights clause. Public Comment - Jim Honeywell highlighted his perception of the on-going union negotiations and advised he was appreciative to get a raise, but the issue was all about back-pay. He also commented on something he referred to as a Me Too clause that allowed fairness across the board. Craig Graham advised he was employed by the City as an Operator No. 2. He commented on his hard work and the difficulty of not receiving a pay raise. He also requested to be treated fairly. Ken Jacobs, Overlook Terrace, commented on previous years, fairness of ratifying contracts, Police and Fire receiving raises, and the Me Too clause. Member Secor commented on a management rights clause, feedback when considering all union negotiations, and that all union issues did not factor in simplistic terms. Chris Rocky expressed concern that retroactive pay would not be factored into any overtime he previously worked. Human Resources Director Joe Denaro advised that any overtime worked would be included in retroactive pay. Dave Montgomery commented on current economic uncertainty and cities helping employees. He suggested that monies being used toward Geographical Information Systems (GIS) be used toward employees. He commented on his hard work, working in the heat, teamwork, fairness, and disappointment from citizens. Gerald Simpson, a union representative from Washington D.C, commented that he was sent to the meeting to assist Mr. Peterson, Business Manager for LIU Local 678. He commented that his territory included cities in Florida. Mr. Simpson commented that he hoped during future negotiations, things could go better and that following the meetings, communications would be essential. He also expressed that he did not feel Mr. Mandel s over-all principal dilemma needed to be applied to LIU local 678. He advised his main objective was to offer support and assist unions in their negotiations.

4 Robert Palumbo advised he was an employee with the 6060 Field Operations. He advised that the one issue he was concerned with was moral and that his crew helped whomever they could, received good feedback, maintained and gave dedication to their jobs, etc. Mr. Palumbo advised that he and his co-workers worked well with one another and that he liked his job. Attorney Representative for LIU Local 678 Toby Love commented that he listened to Mr. Mandel s remarks and that he wished to provide more information on the negotiations. He advised that union negotiations began in May He commented that according to Mr. Peterson, it was not until January 2009 that the City made its first wage proposal, which may have been the result of the City s need to collect information related to the budget, other cities, etc. Mr. Love commented that labor unions also collected information including benefits, compensation, etc. that other labor unions received. Mr. Love commented on two dates mentioned at the meeting that he wished to clarify, which were February 13, 2009 and February 26, Mr. Love advised that on February 13, 2009, the union received a letter from the City indicating ratification by February 16, Mr. Love also advised that on February 26, 2009, the union agreed to accept a retroactive wage increase effective October 1, He expressed that he felt the principal was that the labor union did not act in a two week time period; therefore, the union would be punished. Mayor Tulley confirmed that it was the understanding of the union that a verbal agreement was reached on February 26, Member Long commented on whether there was a union vote between February 13, 2009 to February 26, She also commented on a signed tentative agreement from April 3, 2009 that was mentioned at the meeting. LIU Business Manager for LIU Local 678 Brad Peterson advised Council on his actions concerning timelines, dates, and ratification attempts between March and April He commented that the tentative acceptance given on February 26, 2009 included retroactive pay from October It was mentioned that the tentative agreement between the labor union and the City dated April 3, 2009 included retro pay from January 19, 2009, which was rejected by one of the parties. The conversation ensued. Mayor Tulley and Members Secor, Johnson and Long commented on timelines, dates including when labor union negotiations began in May 2008, communications, the Me Too clause, actions by City and union representatives, union packages, wages, conditions of acceptance, retroactive pay, labor relations, etc. Mr. Peterson stated why he believed labor union negotiates were prolonged, etc. He also shared his negotiating preferences, which included negotiating at the table.

5 Member Secor addressed Human Resources Director Joe Denaro and requested that he comment on labor negotiation offers made to the Police union, etc. Mr. Denaro provided additional information. Mr. Peterson commented that there was a benefit of not being the first union to negotiate. Mayor Tulley requested clarification on the types of persons that comprised the labor union team. Mr. Peterson advised it was employees that worked for the City, which equaled four (4) employees plus him. In an effort to organize the dates, timelines, communications, events, etc. that occurred during labor negotiations, Mayor Tulley repeated the information concerning the events that were shared during the meeting. He also requested clarification for when the Me Too clause was first discussed between the parties. Human Resources Director Denaro commented it was discussed in January Member Johnson commented on the events leading up to the meeting and when Mr. Denaro was authorized by the City to negotiate a wage increase. Mr. Denaro commented on the time period that labor negotiations first began in May 2008 and when he was authorized to negotiate a wage increase with the labor union. Council Discussion and Decision - City Attorney Severs advised that the principals of the matter could be considered, but within statutory provisions. He reminded Council that Executive Sessions were not a factor in their decisions and that Council as a public body would need to resolve the Impasse Proceedings dilemma as they deemed appropriate, etc. Mayor Tulley and Members Secor, Johnson and Long commented on dates and timelines mentioned at the meeting, wage increases, deadlines, actions that were either taken or not taken by City and/or union labor representatives, Council agendas, contract ratification, verbal and written communications, proposals handled via mail or at the bargaining table, proceedings, confusion about the dates shared at the meeting, etc. Human Resources Director Denaro clarified the dates he communicated or provided negotiation proposals to LIU Business Manager for LIU Local 678 Brad Peterson and/or union representatives. He advised that a proposal of January 6, 2009 required a deadline of January 16, 2009 in order to get the item before Council at their regular meeting on January 26, Member Long verified that on January 16, 2009, Mr. Denaro had no contact from LIU Local 678. Mr. Denaro also commented on the rest of the articles that were in included in the labor union package. Mayor Tulley clarified whether Mr. Peterson was aware of the two deadlines indicated by the City including January 16, 2009 and February 16, 2009.

6 Mr. Peterson advised that on January 6, 2009, he and his labor union team were not aware of a January 16, 2009 deadline. He advised it was not until receiving Mr. Denaro s letter on February 13, 2009 was he aware of the February 16, 2009 deadline. Mr. Peterson also advised he kept notes of communication and that he did not have a tentative agreement to ratify at the time he received Mr. Denaro s letter received on February 13, Motion: Based upon the presentations and information provided by the parties, and the public input at this public hearing, and considering the public interest, including the interest of the public employees, as provided for in chapter 447, Florida Statutes, Member Johnson moved the Council to resolve the Impasse issue by granting a two percent (2%) raise to the LIU 678 bargaining unit retroactive to January 19, Member Long seconded the motion. The roll call was: Member Long Mayor Tulley Member Secor Member Johnson The motion carried unanimously. With there being no further business, the meeting adjourned at 7:40 p.m. ATTEST: James H. Tulley, Jr., Mayor Wanda F. Wells, City Clerk

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