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AUGUST 1995 204 NUMB: Chief Criticizes POA Negotiations Update Byalthgueiro Ties Reach Agreement

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AUGUST 1995 204 NUMB: Chief Criticizes POA Negotiations Update Byalthgueiro Ties Reach Agreement I II Member of COPS California Organization of Police & Sheriffs !1 SAN FRANCISCO POLICE OFFICERS' ASSOCIATI( To Promote the Ideals, Policies and Accomplishments of the Association and its Members VOLUME 27 - SAN FRANCISCO, AUGUST 1995 204 NUMB: Chief Criticizes POA Negotiations Update byAlThgueiro ties reach agreement. The City Challenge to "Provisionals" Charger provides for binding interest iegouauoris nave been taking arbitration for police officers, Chief Ribera has been making the single individual to determine who place between the City and POA ne- firefighters and other city employ- rounds recently telling members that gets a particular job and who does gotiating committees since June 14, ees. In a nutshell, that means that if the 21 provisional sergeant appoint- not, without a competitive examina- 1995. The process takes a great deal an agreement cannot be reached, an ments he announced, effective Au- tion of some sort. There needn't be of time and requires patience and impasse is declared. A mediator/ gust 26, 1995, are really good for the any provisional appointments at all. care. Provisions will be implemented arbitrator is then selected and if the department and that the POA is our Regular examinations should be con- as a result of these negotiations which parties still can't reach agreement, of line for criticizing them. ducted and, if they were, there would will have a very significant impact on the arbitrator is required to decide These 21 "provisional" appoint- always be eligible lists from which to the wages, hours and working condi- the issues in dispute on an issue by ments are not the first the Chief has appoint members who passed ap- tions of San Francisco's police offic- issue basis. made. He made another 41 provi- proved civil service examinations. ers for years to come. Our negotiating committee will sional sergeant appointments only a We need to look at what is going on There have been seven sessions continue working with the broader few months ago. Too many such ap- in the Police Department. There are thus far. During the first, we agreed steering committee that we formed to pointments have been made to other currently 104 vacancies in the In- to ground rules and the POA pre- deal with these negotiations. These promotive ranks within the Police spector classification. Why? An ex- sented the City with a request for two committees will work very closely Department. For example, more than amination was given and an eligible information we felt it necessary to with your Executive board and Board half of the Department's Captains list was adopted for the Inspector have in order to proceed properly. of Directors until a contract is ob- are now provisional appointees. classification a fewyears back. Then, During the second and third ses- tained. "Provisional" appointees are hand although numerous vacancies ex- sions, the POA's proposals were ex- Members should know that well picked, without any examination. The isted and no examination was sched- plained and discussed fully. In the over 50 police officers are, and have civil service system is based, theo- uled, the Police Commission, over next session, City representatives been directly involved in these nego- retically, on merit system principles. the objections of the Police Officers' explained their proposals. The next tiations. They have volunteered Association, terminated the eligible two meetings involved both sides re- countless hours, assisting the POA Appointments to civil service posi- throughout this process. They are tions are supposed to be based upon sponding to the other's proposals, a fair system that does not allow any (See CHIEF, Page 10) either by making counterproposals the members who put together and orby rejecting outright the proposals tabulated our members' survey; they that had been submitted by the other attended the proposal meetings, pro- Retirement Benefit Negotiability side. Now we are attempting to see if vided their input and produced sound an overall agreement can be reached. contract proposals; they discuss the We should have a pretty good idea proposals with the rank and file, POA To Seek State about that within the next few weeks. aiding our internal communications, A contract will result from these Supreme Court ,Review negotiations, whether or not the par- (See NEGOTIATIONS, Page 10) The POA will petition the Califor- Appeal's 1994 decision and directed nia Supreme Court to review the the same court to reanalyze the case Candidates Night August 1 decision of the First Dis- in light of a November 1994 state trict Court of Appeal reaffirming that Supreme Court decision, Voters for The SFPOA Legislative Committee will be sponsoring a Candidates court's earlier opinion that the re- Responsible Retirement v. Board of Night on Tuesday, August 15, 1995 at the Fairmont Hotel. This process tirement benefits of San Francisco's Supervisors of Trinity County. How- will give our members an opportunity to hear how the candidates police are not subject to negotiation ever, in its new opinion the Court of running for the Mayoral, Sheriff and District Attorney positions will and binding arbitration under Appeal took the position that the deal with issues pertinent to our working conditions. The format will amendments added to the San Fran- Trinity County case had no bearing consist of a question/answer session with each candidate. cisco Charter by 1990's Proposition on its interpretation of Proposition D The Legislative Committee will issue a position and recommendation on each race to be presented to the Board of Directors for endorsement. D. and the requirements of the MMBA, This case, San Francisco Police and basically repeated wholesale Following the Board of Directors' meeting and vote to send an endorse- much of its earlier decision. ment ballot to the membership, one will be distributed. We are Officers' Association v. City and anticipating a membership vote for endorsements during the week of County of San Francisco, has been in The POA believes that the new the courts for several years already. decision repeats many of the same August 17, 1995. The trial court had agreed with the flaws of the vacated decision, includ- Please contact the POA office at (415) 861-5060 if you wish to attend POA's interpretation that retirement ing disregarding key decisions ofboth Candidates Night as there is limited seating available. and death benefits were negotiable the state Supreme Court and other and arbitrable under the terms of state appellate courts on the interac- Proposition D. However, last October tion between the MMBA and local the Court of Appeal reversed the trial charters and ordinances. In addi- IN THIS ISSUE court decision, holding that Proposi- tion, the Court of Appeal's analysis is Pages 10 &1 1 Widows and Orphans Page 2 J Union News tion D excluded retirement and death very harmful to the interest of so- benefits from otherwise applicable called "Tier 2" police (all those hired Police Post Page 2 Deferred Comp Pages 12 & 13 negotiation and arbitration provi- since November 1976) in improving sions, and that this exclusion was their retirement benefits. Conse- Around The Department Page 3 Letters Pages 16 & 17 not preempted by the Meyers-Milias- quently, within the next month the 1 PAL Page 18 Brown Act (MMBA). POA will once again petition the Cali- Members Speak Pages 4 & 5 This past January, the California fornia Supreme Court to review the Retired Members Page 6 I Sports Pages 19-23 Supreme Court vacated the Court of Court of Appeal's decision. Page 2 Notebook August 1995 with Vietnam, Sampley said that on Police- each 11 July from now on, the POW! MIA flag will be flown upside down "to mark this black day of infamy of ire Post the betrayal of America's missing servicemen." The regular monthly meeting of Harold Suslow: Born in Kansas #456 Rep. David Funderburk (R-NC), The Widows & Orphans Aid Associa- City in 1924, Harold drove a bus for calling President Clinton's recogni- tion was called to order by President Muni before he became a member of News tion of Vietnam "contemptible," said, J. Sturken at 2:06 PM, Wednesday, the Department in 1957 at the age of by Greg Corrales "The only way to stand up for our July 19, 1995 in Conference Room, 33. Alter the Academy, Harold was ideals is to say that respect for hu- Ingleside Station. assigned to Taraval staying there a "Battle is the most magnificent com- man rights and progress toward de- Roll Call of Officers: V. President year, then to Potrero for a year, Park petition in which a human being can mocracy is the precondition for M. Sullivan and Treasurer M. Hurley for 3 years, Mission for 2 years. Ap- indulge. It brings out all that is best; American recognition." Additionally, excused. All other officers present pointed to Sergeant in 1971, Hal was it removes all that is base. All men are Rep. Bob Smith (R-NH) said, "This is with L. Duffy and R. Crosat. assigned to The S Squad (precursor afraid in battle. The coward is the one not an issue of national security. Minutes of the Last Meeting: Ap- ofTac Units) moving from that Detail who lets his fear overcome his sense This is an issue of national honor, proved as presented to the member- to The Inspectors Bureau. Hal was of duty. Duty is the essence of man- and the president today has dishon- ship in writing appointed Inspector in 1976, work- hood." ored the families and veterans who New Member: Antonio Casillas- ing principally in General Works and - General George Patton sacrificed in Vietnam". Smith, along Approved by members. Missing Persons. He retired from with Senate Majority Leader Bob Dole Treasurer Parenti presented regu- Service in 1985 at the age of 60.
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