HomeMy WebLinkAboutNB 7 POLICE SALARY 03-16-81DATE:
TO:
FROM:
SUBJECT:
MARCH 6, 1981
NEW BUSII~2.qS
5]o. 7
3-16-81
Inter-Corn
MAYOR, CITY COUNCIL, CITY ADMINISTRATOR
C. R. THAYER, CHIEF OF POLICE
ENTRY LEVEL POLICE OFFICER SALARY
Recommendation: Establish an alternate position for entry level
police officers, hereafter identified as "Police Officer
Trainees (non-sworn)." The establishment of this positiom will
allow the following actions to take place:
1. Additional time for the organizaton to evaluate an officer's
potential for passing probation.
2. Begin the probationary status as a regular police officer
after completion of an academy.
Will cause a trainee to be carried in a non-sworn capacity
not having police officer rights or benefits prior to and
while in the academy.
4. Will provide the trainee with the benefits of any other city
employee not in a public safety capacity.
Provide the City significant reduction in liability exposure,
ie., industrial disability retirement resulting from injury
while attending the academy.
Will reduce the current pay schedule by 20% to those trainees
who accept this position while in a training mode prior to,
and during, training at the academy only.
The Tustin Police Association will continue to represent
those hired into this position (same representation a pa~t
practice with Regular Officer Trainee's.)
Upon successful completion of the academy, will be promoted
to full sworn officer status on that date and receive the
beginning salary as currently in the Tustin City payscale
effective the beginning of the first regular pay period
following graduation.
Background: As a result of our latest contract negotiations,
starting salary for Police Officers (entry level or lateral.
level) "A" step is as follows:
1/8/81 $1,597
7/1/81 1,677
1/1/82 1,761
Page 2
Entry Level Police Officer Salary
3/6/Sl
Inflationary pressures and recent contract settlements have
indicated that these are reasonable salaries for full-time police
officers who have completed the necessary State mandated
training. However, it appears these salaries are a little
exhorbitant to pay to inexperienced, untrained personnel.
Ail new trainees spend the first four months of their police
career in basic training academies. After graduation, the
trainee is assigned to a field training officer for an additional
period of time, ranging from as little as a couple of weeks to
three or four months. The time spent in the field training
program varies, depending upon a number of factors, such as prior
reserve experience, education, individual intelligence,
adaptability, etc. However, two months appears to be the
average. We will promote and pay police officer salaries
although still in at least a two-month training mode, the
trainees must have police officer powers and responsibilities at
times of emergency. To restrict them could create increased
liability to the city in the future.
What others are doing: We surveyed twelve police agencies in
Orange County and found seven of the twelve had already
implemented a police "trainee" salary schedule or had plans to do
so in the near future. Nine of the twelve required probation
periods to begin after all academy training is completed.
Estimated salary savings: During 1980, we sent ten recruits
through the basic officer training programs (4 months). If we
send the same number through training in 1981, we can anticipate
the following salary savings dependent upon~hire date. See Table
#1.
As can be seen by the salary figures, the average annual salary
savings per man is approximately $1,596. If you multiply this by
the ten officers that we train on an annual program, it indicates
an approximate annual savings of $15,960 plus benefits.
Trainees will be considered non-sworn para professionals. They
will have no more authority than any other non-sworn personnel
until such time as they complete their basic academy. They would
then be promoted to "A" step police officer with commensu~;
salary and benefits of all sworn personnel beginning the first
pay period after graduation. Probation shall commence upon
graduation from the basic academy and last one year from that
date in the full police officer position.
Possible drawbacks: The possibility of reducing the number of
qualified applicants who apply with our department for employ-
ment. However, this is not borne out by experience of other
Page 3
Entry Level Police Officer Salary
3/6/gl
cities. They have adequate applicant recruitment pools in order
to fill their vacancies. We have had several hundred people
apply recently for entry level police officer positions and we
anticipate that now, with our salary structure more in line with
the remainder of Orange County, we are more competitive with
other agencies than in the past.
Some personnel have indicated the trainee may.feel somewhat
alienated from the department because of his difference in pay
and status, however this too is not borne out by actual
experience of the other cities already involved in this process.
We found that our trainees regardless of their pay status as a
reserve officer voluntarily going to the academy, or a paid
officer, is greater enhanced'by the positive personal contact
with our police Personnel and Training staff. We believe that
this continued action will overcome any concerns of trainees.
Additionally, most people are so happy to become employed as a
police officer that we do not believe that this opportunity is
going to be turned down by a sufficient number to warrant
concern.
This change in classification has been reviewed by Roy Gonzales,
Personnel Director and he concurs with the concept. He has
suggested, 1). Pay to increase after POST certification (same as
graduation) 2). Use 6 months as initial time criteria 3). Make
"A" step Police Officer 12 months vs. 6 months.
It was also reviewed by our City Attorney staff who indicated it
was a "Meet and Confer" item with our Police Employee
Association.
As a result of these concerns a meeting was held with the Tustin
Police Employees Association Executive Board, their Consultant
John Adams, and myself. Their major concern was not to reduce
the quality of our potential employees by reducing the ability to
attract qualified applicants because of reduced salary and
benefits.
At this meeting Roy Gonzales' comments were considered and ~i was
included however, #2 was rejected as present law prohibits hiring
more than 90 days prior to entry into academy and graduation as a
logical point of promotion. Item #3 was strongly opposed by the
Association as it was net consistant with all other City
positions.
Additionally, the Association requests the City acknowledge that
this new classification does not remove these newly hired "Police
Officer Trainee's (non-sworn)" from their bargaining group or
their ability to represent them as they have all new Police
Officers in the past. I see little concern here as I do not know
of any instance where they have represented any new employee
contrary to the best interest of the City and their Association.
Page 4
Entry Level Police Officer Salary
~/6/~1
The Executive Board of T.P.E.A. provided the attached letter
dated February 18, 1981, and it was ratified by their membership
on March 6, 1981.
Present Recruitment: Our present recruitment drive has a filing
date of March 28, 1981. We anticipate some of the candidates
will drop from the testing due to the change in prior advertising
of salaries. However, I do not feel this will be of any great
impact to the total population tested. Additionally, if a
candidate is that concerned about salary, if he/she should be
hired, would have a high probability of being a short term
employee seeking higher wages elsewhere after passing probation.
Conclusion: This program has nothing but the best to offer to the
City of Tustin. I feel that it should be implemented as soom as
possible.
cc:
Roy Gonzales
Jim Rourke
Dan Blankenship
Ron Lowenberg
attachements:
T.P.E.A. Letter dated 2-18-81
City Attorney Memo dated 10-20-81
Personnel Director Memo dated 1-22-81
CRT:dh
c,
Z
+
~>
0
o
o
ooo
February 18~ 1981
TUSTIN POLICE EMPLOYEES ASSOCIATION
P. O. BOX 1498. TUSTIN. CALIFORNIA ~2~80
C.R. Thayer, Chief of Police
City of Tustin
Civic Center
Tusti% California 92680
RE: POLICE OFFICER TRAINEE
Dear Chief Thayer:
The Board of Directors has reviewed the concept of using a "Police Officer
Trainee" classification in the Tustin Police Department under the following
general guidelines:
A. Pollce Officer Trainee salary would be 2ff~ below "A" step of Police Officer,
B. Upon successful completion in the academy, a Police Officer Trainee would
be reclassified to Police Officer.
C. Once classified as a Police Officer a salary increase to 'A" step of Police
Officer would occur and the 12 month probation period would begin.
D. Police Officers will be eligible for a step increase upon completion of
six months service.
E. Police Officer Trainees shall be Considered full-time non-sworn probationary
employees of the City of Tustln entitled to all benefits and conditions
of employment enjoyed by other non-sworn employees.
The TPEA Board recognized the following advantages to the City of Tustin
by the implementation of the Police Officer Trainee classification.
-- A. Salary savings of $19,000 to $27,000.
B. Significant reduction in liability exposure i.e. industrial disability
retirement resulting from injury while attending the academy.
~- C. No A.B. 301 rights while in the academy.
D. No badge or sworn status while in the academy.
E. Elimination of inequity of paying new hire in academy same salary as
.- step Police Officer working on the street.
F. Provide for a full 12 months after academy graduation to evaluate new hire
under probationary status.
G. Bring Tustln in line with growing trend in other Orange County agencies.
The TPEA Board views this concept as mutually beneficlal to the department
and our membership. Pursuant to this position it was the unanimous decision of
our Board to recommend approval of this modification to existing conditions
of employment at the March 6~ 1981 general membership meeting.
Based on membership approval TPEA will be prepared to sign a letter of
agreement to initiate the Police Officer Trainee program.
Please feel free to contact me if you have any questions on this matter
or if TPEA can be of further assistance.
Best regards,
Frank Semel sberger
TPEA Presldent
FS/de
DATE: .
TO:
FROH:
SUBJECT:
'1/20/81
ez- orn.
C~ R. THAYER, CHIEF OF POLICE '
JAMES G. ROURKE, CITY ATTORNEY
DANIEL K. SPRADLIN, DEPUTY CITY ATTORNEY
ENTRY LEVEL POLICE OFFICER SALARY'
· We have reviewed your Inter-Com dated January 7,
1981 on the Subject of entry level police officer salary. We
believe that your proposal for the establishment of an alterna-
tive position for entry level police officers in a non-sworn
capacity has substantia~ merit. We also concur with your con-
clusion that once the police officer trainees have left the
academy and have begun training in the field, they must operate
as sworn officers.
In addition, we would add that the proposal for the
creation of a new position for entry level police officers quite
likely falls within the purview of the Myers-Milias-Brown Act.
Government Code Section 3505 provides in pertinent part as follows:
"The governing body of a public agency,
or such wards, commissions, administrative
officers or other representatives as may
be properly designated by law or by such.
governing body, shall meet and confer in
good faith regarding wages, hours, in other
terms and conditions of employment with
representatives of such recognized employee
organizations as defined in subdivision (b)
of Section 3501, and shall consider fully
such presentations as are made by the
employee organization on behalf of its
members prior to arriving at a determina-
tion of policy or course of action .... "
Presently entry level police officers are represented
by the Tustin Police Officers Association. It would appear that
an effect upon the conditions of employment of entry level police
officers would fall within the purview, of Section 3505 and require
consultation with the Tustin Police Officers Association pursuant
to Government Code Sections 3504 and 3504.5. These sections re-
quire that the bargaining unit for the affected employees be given
no~ice (except in cases of emergency) Which provides a reasonable
opportunity for the bargaining unit to meet with the governing
body regarding the proposed change.
C.R. Thayer
January 20~ 1981
Page Two
Some confusion has arisen under the Myers-Milias-Brown Act
· in that Government Code Section 3504 states that the bargaining uni~,
while having the right to represent the 'employees on all matters re~
lating and including wages, hours and other terms and'conditions of
employment, does not have the right of representation or organization
of any service or activity provided by law or executive order. This
contradictory language has lead to some confusion.in.the cases. In
Fire Fighters Union v. City of Vallejo, 12 Cal.3d 608, 1].6 CaloRptr.
505 (1974), the California Supreme Court examined the problem of re-
conciling "the two vaguew seemingly overlapping phrases of the statute".
Looking to Federal precedence the court concluded that the limiting
language of Section 3504, excluding consideration of the "merits,
necessity or organization of any service or activity provided by law
or executive order" was intended to preclude the expansion of the
union's powers into the matters which should properly remain in the
hands of employers. This reconciliation, while vague in itself, does ·
perhaps give some guidance in the present situation. In Fire Fighters,
the union proposed that more fire fighters be employed by the City.
The City argued that the level of manpower in the fire department was
inevitably a matter of fire prevention policy and thus not within the
scope of representation under the Myers-Milias-Brown Act. The union
argued that the manpower proposal was aimed at maintaining a particular
level of fire fighters thus reducing the work load of each'individual
member and thus related to conditions on the job. The court recog-
nizing that the action involved both working conditions and policy
decisions disposed of the issue by sending the case to an arbitrator
to determine which question was "primarily" involved, i.e. work 'load
(working conditions) or policy of fire prevention (merits, necessity
or organization of any governmental service).
Another illustrative case is San Jose Peace.Officers ~ssociation
v. City of San Jose, 78 Cal. App.3d 935, 144 Cal.Rptr. 638 (1978) whe-~-~n
~-~e Court of Appeals concluded that a policy concerning the discharge
of fire arms adopted by the Chief of Police was not a matter requiring'
· the City to meet and confer under the Myers-Milias-Brown Act. The
court held that conditions under which a police officer may use deadly
force are not matters within the scope of representation as defined by
Government Code Section 3505. Instead the court concluded, a funda-
mental governmental decision is made which should be left to the appro-
priate elected'representatives of the people and which should not be
placed on the bargaining table to be traded off against increases or
decreases in wages, hours and fringe benefits.
C. R. THayer
January 20, 1981
Page Three
In the instant matter it'would appear that fundamentally
there are sound economic reasons for the proposed change in the
status of entry level police officers. We believe, however, be-
cause the basis for this determination is primarily economic and
not one encompassing a'basic policy decision~ the change would be
a subject which would fall within the purview of the Myers-Milias-'
Brown Act and which would require advance notification to the
Tustin Police Officers Association and for the City.to meet and
confer upon request by said Association.
DKS:se:D:l/20/80
cc: D.B.
DATE:-
January 22, 1981
TO: C.R. Thayer, Chief of Police
FROM: Roy' Gonzales, Personnel Director ~Q'
SUBJECI: Entry Level Police Officer 'Salary
I have reviewed your proposal for a Police Officer trainee classification and
agree with~oth the concept and your analysis of the practicality of imple-
menting such a position. I would add two points for your consideration.
First, for purposes of consis%ency, the move to Regular Police Officer stalls
should probably be stated as payperiod following POST certification. This
would allow for hiring lateralS or entry-level officers who have POST certifl-
cates with no confusion or question.
Second, since a recruit will spend at least four months in the Police Academy,
and may spend time with the force prior to entry into the academy, I would
suggest we substitute the time spent in the trainee class for the 6 months
normally spent in the "A" step of a class.
This would require extending the current "A" step for Police Officer to 12
months. Since the move from trainee to Officer would be a promotion a new
probation period would start with the change. Extending the range would
combine the first salary increase for an officer with the completion of
probation, which is more realistic in a m~rit system structure.
This change would result in further salary savings, as an officer would
spend 6 additional months in the "A" step at a lower salary. The net effect
would be approximately 16 months at the lower "A" step, or below, compared
to the current 6 months.
The change, and alignment~ of first salary step with end of probation will
also make discipline and/or termination of a marginal or poor officer easier,
as they will not have received a merit increase during the review period. As
you are aware, this increase, though pretty much automatic, is often used to
question a termination or disciplinary action.
Neither of these changes are bound to be popular with the Police Association
since their members would be losing potential salary, but I think the possibi-
lity for increased quality of staff, and reduction of exposure on the part of
the City make them worth pursuing. We need a determination from the Attorney's
office as to whether this is a meet and confer item or a consultation item.
RPG/kaf
cc: Dan Blankenship
James Rourke