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Home My WebLink AboutPUBLIC HEARING 04-14-05 Office of the City Council City of Tustin ApriI14,2()()5 300 Centennial Way Tustin, CA 92780 www,tustinca,org (714) 573-3010 FAX (7'14) 83B-1602 Mr. John Adams 32385 Windemere Drive Canyon Hi]]s, CA 92532 Lou Bone Mayor Dear John: Davort Mayor Tem I was disappointed to receive your Jetter dated April 12, 2005 in which you criticize the City for (1) scheduling the impasse hearing in a manner that allegedly minimizes °pp0l1unity for community input, and (2) preparing draft resolutions allegedly evidencing that the City Council has predetermined the matter. 1 believe you misunderstand the nature and purpose of Thursday's Special Meeting, The organizations you represent have declared an impasse. Under City rules, the last step in attempting to resolve such an impasse is a determination by the City Council at a hearing on "the merits of the dispute." Accordingly, the purpose is not to conduct a political rally, or a union rally. Rather, the task of the City Council is to try to understand the position ofthe parties as to those matters which have prevented an agrcement--and detennine "the merits" of the relative positions, The City Council, as a whole, has heard from its own negotiators. It has not heard ii'om you. Tony Kawashima Councilmernbet Amante With respect to the draft resolutions, they are just that~QDíÍìs. After listening to the presentationes) of the pal1ies, the City Council will have various options, One of the options. I am advised, is to unilaterally implement the City's last, best and final ofTer. The draft resolutions represent djl igent work by City statT in the event that, after the hearing, the City Council chooses that option. Other options (for example, going back to the bargaining table, doing nothing) do not require the preparation of any similar documentation. I also want to respond to the last sentence of your letter. Other than your being upset, [ cannot imagine why you would make such a statement. I attribute your statement to overzealousness and do not believe that you truly feel that way. I hope that you will reconsider your position. :¡)?r- Lou Bone Mayor ----Apr 13 05 10:50a Adams & Associates (951J244-9917 p.1 -----"_c_- - - --- ----..--------..c_,---------- 32)85 '/'Ù,Jà,rc 'i)Ci'uc. OW}"" ,'ii: "5, é:X 92532 ('!<:; 2L' c-nd[ ;:éc,u/sso"¡':"co;mœsi.,,c, , FAX TRANSMISSION COVER PAGE TO: -¡L.,SI\IV (', IT 'I CLslrK... FAX# 111'-/') R.3à. - b '<;<¡?z NUMBER OF PAGES DATE: ~5 y SUB.JECT: CÖII"V1\LA""C..A."TI.o!'ù$. ~ L\J Y C.::>w.>c.i L MESSAGE AtíA<..~~ Þ.'.cA",>6 r¡...,h L.é"íT'62.10 MAY<::>R }.Iù\;> (',11' co~Ñ"--LL R-e'GA\Z.:DIÑG. L.J/\<.¡J<s 1'u.R(I<::.- \4FA.1<:.\"-\~ ¡::OR. \:)IS'1l2.1!?-I£::f"I'O,v, <~"Q\(~\úþ.L. -r<ù F",\lav--J '~Io. l),,<:..MAiL roFti -or- Lp:t\-er"' -r"r:, A r ~t4 C;. U,(' -R:>..-- Als't1-\bw- \~~ --.¡-"Q M-Aryo~ A.~:b ('XI)' (p~\L Apr 13 05 10:50a Adams ~ Associates (951J244-9917 p.2 ------,_.,-'--'_....-- ,-....-.----..-..-- ------. ,231i5 ,:.~);",!'m"r:: fO,.:'!!C, C:"'iy:iii :;.~!I!:, ::'C;,? ,,3.' -.c¡eft .::d:w¡s)issod{)""""f1S,'.¡:: '.i5',j."f':-' ". April 12,2005 Mayor and City Council City of Tustin 300 Centennial Way Tustin, CA 92780 RE: Public HearingfLabor Impasse Your Honorable Body: On April 11,2005 at 5:25 PM and 5:28 PM, respectively, the Tustin Support Services Association (TPSSA) and the Tustin Police Officers Association (TPOA) received e-mail notification that the Tustin City Council would conduct a public hearing on labor contract impasses. The public hearing is scheduled for April 14, 2005 at 3:00 PM. Attached to the notice of hearing was a 26 page salary and benefit resolution covering terms and conditions of employment for police officers and a 31 page salary and benefit resolution covering tenns and conditions of employment for police support services personnel. The unusually short notice and seheduling at 3:00 PM has an obvious intent of preventing adequate time for the preparation of a presentation by TPOA and TPSSA as well as limiting tbe opportunity for concerned citizens to participate. It is safe to assume that many who would be interested in addressing the City Council on this important issue will be at work on a Thursday afternoon, will not be aware of the public hearing because of the short notice, and/or will have inadequate time to arrange to be present, The purpose of a public hearing is to provide a forum to allow the Mayor and City Council to obtain input trom any interested parties on matters of concern to the community. It is clear that this public hearing is only for the purpose of exhausting the impasse procedure and no input trom anyone other than the City Manager and his staff is desired by the elected officials in Tustin. The City's position has been prepared in advance as is evidenced by Resolutions 05-59 and 05-60, We believe that nothing anybody has to say will be given any consideration by the Mayor and City Council at this public hearing and your decision is already reflected in the pre-prepared resolutions. -, Apr 13 05 10:50a Adams & Associates (9511244-9917 p.3 The lates1 positions ofTPOAand TPSSA for 18 month agreements on terms and conditions of employment were sent to the City Manager in March and are unchanged at this time. All of our attempts to reach an agreement and resolve the impasse have been rebuffed by the City, At this point TPOA and TPSSA do not intend to add legitimacy to this disingenuous public hearing by attending or participating in it. If the Mayor and City Council were sincerely interested in obtaining input on this impasse ITom all parties; especially from concerned citizens, the hearing would be scheduled with enough advanced notice and at a time that would allow for optimal attendance. For the record, TPOA and TPSSA oppose the adoption of Resolution OS-59 and Resolution 05-60. We believe the City's position in this impasse and your actions to adopt these resolutions will do signifIcant damage to police department employee morale and destroy the structure and effectiveness of the Tustin Police Department. Your actions and the lack of genuine concern for public safety will lessen our members ability to provide protection and safety for the residents and citizens of Tustin, Sincerely, Apr 13 05 10:50a _Adams & Associates (8511244-8817 p.4 flS50Ô1¿tes 32385 'Wim{emere 'Drivc, Can)"'" :J¡¡¡¿~::' n:¡j2~:~:;;;;;:-;;;:;(:;;ï)i;;:";;9! 7 ---------.-----.----..- e -malt jI ¡{ams-jlssoc@comcasl.net April 12, 2005 Arlene Marks Gibbs, Personnel Director City of Tustin 300 Centennial Way Tustin, CA 92780 Dear Arlene: The Tustin Police Officers Association has reviewed your April II, 2005 letter referencing the police managers unit. In your letter you indicate that the City's best, last, and final offer is acceptable to the majority of the sergeants and lientenants. You further state the agreement is being held up by a small group of managers. The Tustin Police Officers Association is the recognized representative of sergeants and lieutenants in Tustin, Our ratification processes are consistent with our by-laws and your stated position constitutes interference with a recognized employee organization. This is a viola1ion of the Meyers-Milias-Brown Act- The recognized representative of the employees in this unit has clearly communicated to the City in writing tWice and orally at the March 3, 2005 impasse meeting that the City's position is unacceptable. Since that time the membership was polled on the City Manager's offer of "partial retroactivity". It was communicated in writing along with our I g month counter-proposal that the City Manager's position was rejected. These processes are identical to the communications on behalf of the police officers unit and the TPSSA unit, The City apparently has no problem understanding the position of those unit5 and scheduled public hearings in accordance with established procedure. Under existing California State law whatever the TPOA leadership indicates is the position of our membership constitutes the official position without the need of the employer's concurrence. As a demonstration that we operate as an open and democratic organization however TPOA will call a membership meeting of the police managers unit. You are invited to attend and present the City's offer you claim bas majority support and a vote will be taken in your presence. After your offer is rejected a written apology to our members would be appropriate. If you accept our offer which we seriously doubt you will just let me know some times and dates you are available to attend and we will schedule a membership meeting. Sincerely, ~AQQa_" 10 . Adams, TPOA Consultant C: Mayor and City Council