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Labor Relations - Collective Bargaining

Suffolk’s questionable contracts

May 16, 2019 | Ken Girardin | Empire Center (click here to read the article)

New York’s most populous suburban county has just ratified a trio of labor deals with its largest unions—and, in the process, showcased some of the worst aspects of collective bargaining across the state.

The Suffolk County Legislature on Tuesday night ratified* new contracts with the county’s Association of Municipal Employees (AME) and Police Benevolent Association (PBA), which together represent more than half of the county workforce. They also approved a healthcare cost-sharing agreement with the Suffolk County Organization of Public Employees (SCOPE), a consortium of all 11 county employee unions. The deals were negotiated outside public view by County Executive Steve Bellone—standard practice for New York public employers.

Lawmakers waived a county charter-required seven-day waiting period to vote on the deals before more details emerged or could be scrutinized, and approved each measure nearly unanimously.

That leaves a lot of questions yet to to be answered. For one thing, it’s hard to know just what lawmakers were agreeing to, because the AME and PBA contracts were memorandums of agreement that modified existing deals. Those contracts, however, were never filed with the state Public Employment Relations Board (PERB), as required by state regulations, nor were they posted on the county website. The PBA MOA modified a 2012 MOA, which modified terms set in a 2010 arbitration award, which were based on a 2004 contract. Unless legislators were presented with all four documents, they had no way of seeing what they were actually committing to.

The County Legislature released a single-page analysis of top-line costs for each of the three deals, without providing a cost breakdown for specific provisions. Adding up the projected costs and savings of the three deals in each year (see below) show the county’s expects to save more money than it pays out in raises during 2019, 2020, and 2021. In 2022, new costs would slightly overtake savings, and in 2023, the deals would add more than $70 million to the county’s personnel costs. No figures were projected for 2024 or 2025, but given that more than a third of PBA-represented employees have been on the job fewer than six years, it’s likely police pay costs especially will surge in the out years.

Unlike the anticipated healthcare savings, the new costs from raises are guaranteed to materialize.

The lengths of the deals are themselves problematic. The AME contract runs through December 2024 and the PBA and SCOPE deals run through December 2025. That means the winners of the next two general elections for county legislature will already be committed to the terms.

Those terms include agreements to shovel more public money into both AME’s and PBA’s union-run “welfare funds,” through which county employees get benefits such as dental and vision. Welfare funds are an outmoded and inefficient approach to benefits that prevents the county from using its size advantage to get better deals from vendors—and from making sure the money is being spent appropriately.

 

Suffolk County Budget Review Office May 14, 2019 Analysis of PBA Contract 2019-2024

 

Suffolk County Executive Steve Bellone assumed office January 2012. The Chart below details costs for Suffolk County’s Employee Retirement System (ERS) and Police and Fire Retirement System (PFRS) from 2011 through 2020.
ERS Pension costs increased by 120% 2011 - 2020. PFRS costs increased by 104%. Combined pension costs increased by 112% in that period.

 “Pension Costs” document/image below best viewed on a computer.

 

Noteworthy Collective Bargaining Agreement Provisions

SCPD Police Benevolent Association Collective Bargaining Agreement

SECTION 28. BILL OF RIGHTS 

All Employees shall be entitled to the protection of what shall be hereafter termed as the "Bill of Rights for Issues of Police Officers in said classifications of the Suffolk County Police Department" and which provides as follows: 

The Police Department has established the following procedures to govern the conduct and control of investigations. 

The wide ranging powers and duties given to the Department and its members involve them in all manner of contacts and relationships with the public. Out of these contacts come many questions concerning the actions of Employees. These questions often require immediate investigation by superior officers designated by the Police Commissioner and the Inspectional Service Bureau of the Suffolk County Police Department. In an effort to ensure that these investigations are conducted in a manner which is conducive to good order and discipline, the following guidelines are promulgated: 

(1) When a Police Officer is ordered to attend an Internal Affairs interview, such interview will take place between 9: 00 a .m. and 6: 00 p .m. unless the exigencies of the investigation dictate otherwise. If the interview takes place after the completion of the officer's normal tour, the officer will be paid at the overtime rate from the completion of the tour until the completion of the interview, and minimum recall shall not apply. If an officer is ordered to attend an Internal Affairs interview on a day off, the officer will be entitled to recall pay. 

(2) The interrogations shall take place at a location designated by the investigating officer. 

Usually it will be at the command to which the investigating officer is assigned or at the precinct within which the incident allegedly occurred. 

(3) The Employee shall be informed of the rank, name and command of the officer in charge of the investigation, as well as the rank, name and command of the interrogating officer and of all persons present during the interrogation, and shall be advised of his/her right to an adjournment in order to have his/her counsel and/or Association representative present. 

If an Employee is directed to leave his/her post and report for interrogation to another command, his/her command shall be promptly notified of his/her whereabouts. 

(4) The Employee shall be informed of the nature of the investigation before any interrogation commences, including the name of the complainant. The address of complainants and/or witnesses need not be disclosed; however, sufficient information to reasonably apprise the Employee of the allegations should be provided. If it is known that an Employee being interrogated is the target of a criminal investigation or a witness only, he/she should be so informed at the initial contact. 

(5) The questioning shall not be overly long. Reasonable respites shall be allowed. Time shall also be provided for personal necessities, meals, telephone calls and rest periods as are reasonably necessary. 

(6) The Employee shall not be subjected to any offensive language, nor shall he/she be threatened with transfer, dismissal or other disciplinary punishment. No promises of reward shall be made as an inducement to answering questions. 

(7) The complete interrogation of the Employee shall be recorded mechanically or by a department stenographer. All recesses called during the questioning shall be recorded. The Employee or his/her counsel shall be entitled to a transcript of such stenographic record within a reasonable time after such interrogation. 

(8) If an Employee is under arrest or is likely to be, that is, if he/she is a suspect or the target of a criminal investigation, he/she shall be given his/her rights pursuant to the Miranda decision. 

(9) Except as provided in eight (8) immediately preceding, the law imposes no obligation, legal or otherwise, on the Department to provide an opportunity for an Employee to consult with counsel or anyone else when questioned by a superior officer about his/her employment or matters relevant to his/her continuing fitness for police service. Nevertheless, in the interest of maintaining the usually high morale of the force, the Department shall afford an opportunity for an Employee, if he/she so requests, to consult with counsel and/or with a representative of the Association before being questioned concerning a serious violation of the Rules and Procedures, provided the interrogation is not unduly delayed. However, in such cases, interrogation may not be postponed for purposes of consultation past 10:00 a.m. of the day following the notification of interrogation. The Employee shall have the right to have his/her counsel and/or Association representative present to assist him during the interrogation. 

SECTION 29. DISCIPLINARY PROCEDURES 

(a) If an Employee pleads guilty or is found guilty of a violation of the Rules and Procedures and is fined by the Commissioner, the Employee may choose to satisfy the penalty so assessed by having compensatory time or vacation time equivalent to the amount of the fine subtracted from his/her
accumulation, or he/she may earn a sufficient amount of additional compensatory time so as to satisfy the penalty. This provision shall be at the Employee's
sole discretion if the penalty is five (5) days or less but with the Commissioner's consent if more than five (5) days. This provision does not prevent the Employee from choosing a suspension as under the present practice. 

(b) There shall be an eighteen (18) month statute of limitations for the Department to institute disciplinary actions. The institution of charges shall be considered the serving of charges and specifications. The eighteen (18) month period shall begin running from the date the violation is discovered or should have been discovered by reasonable investigation. A determination as to guilt or innocence and punishment, if any, shall be made within sixty (60) days after the receipt of the minutes unless an Employee consents to a longer period. At the end of the sixty (60) day period, if no determination has been made, the charges and specifications shall be deemed dismissed.

(c) If an Employee is suspended prior to dismissal, he/she shall not lose, during such period of suspension, any medical benefits to which he/she would be entitled if on active duty. Such benefits shall include but not be limited to health insurance, welfare plan, etc. 

(d) Subsequent to the filing of disciplinary charges in accordance with paragraph (b) hereof, the Employee may elect to proceed to arbitration in lieu of a disciplinary trial. Arbitration shall be invoked within ten (10) days after charges are served and an arbitrator selected in accordance with the provisions of Section 30 C (4) (Grievance Procedure). Should the Employee elect to proceed to arbitration, such Employee shall execute a complete waiver of any right as provided by NYS Civil Service Law Section 76, or similar law, to appeal an adverse determination. 

(e) An arbitrator selected pursuant to paragraph (d) hereof, shall determine the guilt or innocence of the Employee and if guilty, the penalty to be imposed. The finding of guilt or innocence and any penalty therewith shall constitute the award of the arbitrator. The award of the arbitrator shall be final and binding and not subject to review. The provisions of paragraph (a) hereof as they relate to satisfaction of penalty shall apply to any penalty imposed in arbitration. 

(f) 1. Command Discipline where the penalty sought is to be five (5) days or less is excluded from the arbitration option. However, should an Employee opt for a Section 75 Hearing, the penalty at the completion of such hearing shall not exceed five (5) days. 

2. Police Officers electing the arbitration option must be represented exclusively by the PEA or their designated counsel; they must waive Section 75 and 76 of the Civil Service Law and such waivers shall be executed at the time of exercising the arbitration option. 

3. In non-discharge cases, the Commissioner may impose discipline subject to the arbitrator's decision whenever such decision has not been rendered within one hundred twenty (120) days of the filing of said charges. 

4. The parties shall expedite arbitration proceedings by selecting only those arbitrators who can hear the case within thirty (30) days and then render their decision within thirty (30) days of the completion of the hearing.

5. Arbitration proceedings shall no longer be bifurcated. Issues of just punishment and past record shall be presented as the final aspect of the arbitration case. 

SCPD Superior Officers Association Collective Bargaining Agreement

Section 4 -- Bill of Rights 

All Employees will be entitled to the protection of the "Bill of Rights for Superior Officers of the Suffolk County Police Department," which provides as follows: 

The Police Department has established the following procedures to govern the conduct and control of investigations. 

The wide-ranging powers and duties given to the Department and its Employees involve them in all manner of contacts and relationships with the public. Out of these contracts come many questions concerning the actions of Employees. These questions often require immediate investigation by Employees designated by the Police Commissioner and the Inspection Division of the Suffolk County Police Department. In an effort to ensure that these investigations are conducted in a manner that is conducive to good order and discipline, the following guidelines are promulgated: 

A. The interrogation and all disciplinary hearings of an Employee will be at a reasonable hour, preferably when the Employee is on duty, unless the exigencies of the investigation otherwise dictate. Where practicable, interrogations and disciplinary hearings should be scheduled for the daytime. If overtime, as hereinafter defined, is incurred by reason of the interrogation, the Employee will be given all overtime compensation as set forth in this Agreement. 

B. The Employee will be informed of the nature of the investigation before any interrogation commences, including the name of the complainant. The address of the complainants and/or witnesses need not be disclosed; however, sufficient information to reasonably apprise the Employee of the allegations should be provided. If it is known that an Employee being interrogated is the target of a criminal investigation or a witness only, he/she should be so informed at the initial contact. 

C. The interrogation will take place at a location designated by the investigating officer. Usually, it will be at the command to which the investigating officer is assigned or at the precinct within which the incident allegedly occurred. 

D. The Employee will be informed of the rank, name and command of the officer in charge of the investigation, as well as the rank, name and command of the investigating officer and of all persons present during the interrogation and will be advised of his/her right to an adjournment in order to have his/her counsel or representative present. If an Employee is directed to leave his/her post and report for interrogation to another command, his/her command will be promptly informed of his/her whereabouts. 

E. The questioning will not be overly long. Reasonable respites will be allowed. Time will also be provided for personal necessities, meals, telephone call and rest periods as are reasonably necessary. 

F. An Employee will not be subjected to any offensive language. Nor will he/she be threatened with transfer, dismissal or other disciplinary punishment. No promises of reward will be made as an inducement to answering questions. 

G. The complete interrogation of the Employee will be mechanically recorded. All recesses called during the questioning w ill be recorded. The Employee or counsel w ill be entitled to a copy of the recording within a reasonable time after the interrogation. 

H. Except as otherwise provided herein, the law imposes no obligation, legal or otherwise, on the Department to provide an opportunity for an Employee to consult with counsel or anyone else when questioned by a Superior Officer about his/her employment or matters relevant to his/her continuing fitness for police service. Nevertheless, in the interest of maintaining the usually high morale of the force, the Department will afford an opportunity for an Employee, if he/she so requests, to consult with counsel and/or an Association representative before being questioned concerning a serious violation of the rules and procedures, provided the interrogation is not unduly delayed. However, in these cases, the interrogation may not be postponed for purposes of consultation past 10 a.m. of the day following the notification of interrogation. The Employee will have his/her counsel and/or representative present to assist him/her during the interrogation. 

I. There will be no polygraph tests administered without the Employee's consent. However, the Police Commissioner, in specific circumstances, may make an application to an Arbitrator to administer a polygraph to a nonconsenting Employee. The selection of the Arbitrator will be in conformance with the established practice of the grievance procedure.

Collective Bargaining Agreements

Relevant Resources