Council Approves Terms of Tentative Agreement with Police Union

The San Bernardino City Council during the closed session portion of its regular meeting on Monday approved terms and will “give direction” to a bankruptcy mediator regarding a tentative agreement with the San Bernardino Police Officers Association (SBPOA). The unanimous approval came after city officials and the SBPOA announced to U.S. Bankruptcy Judge Meredith Jury last week that they reached a tentative long-term agreement. The terms of the agreement are subject to a gag order imposed by Judge Jury. Currently there is no Memorandum of Understanding (MOU) written, but the council agreed to the terms as presented, explained Councilman Henry Nickel. “I think it shows good faith on the part of both parties,” Nickel said. “We all came to the table and we were willing to listen.” The agreement with the SBPOA comes just two months after the city reached an interim agreement with CalPERS, its largest creditor. Mayor Carey Davis in a release issued Aug. 14 said of the tentative agreement with the police union, “This has been a long and difficult negotiation to work through…This agreement marks progress, a huge step forward toward the negotiation of a plan of adjustment in the bankruptcy.” Councilmember Jim Mulvihill said he felt the agreement could allow for collective bargaining between the city and the police union regarding salaries paid to law enforcement personnel. Currently the City Charter stipulates that police and fire personnel be paid salaries comparable with 10 other California cities with like populations. "Our salaries aren't comparable with the increases received by cities like Irvine, Pasadena, Long Beach, Ontario and others," Mulvihill said. "Of the 10 we have the lowest income and probably the lowest property values, and those cities aren't in bankruptcy." Mulvihill shared, "Section 186 in the City Charter would no longer be in effect with regard to the POA... for the first time in at least 60 years." Councilmember Virginia Marquez said, “Things are moving in the right direction. It shows bargaining units, like the police association, want to reach out the city because they know the city is in a very difficult financial situation.” Nickel called the agreement a “win-win for everybody,” as it is “beneficial to the long-term financial stability of the city” and provides constancy for its police in terms of jobs and wages, he said. Councilmembers said the police union was supposed to meet following Monday's council meeting. After several attempts, Det. Steve Turner, president of the SBPOA, was unavailable for comment. Nickel said once the terms of the agreement are made public there may be other cities looking to San Bernardino for tips on moving forward. “I think it’s a game changer in the state, as well, because we are forging new grounds and other cities will take note… (the agreement) is solving long-term financial concerns that other municipalities are facing as well,” Nickel said. [END] Nickel: We gave direction to move forward with the terms of the agreement. We do not currently have an MOU in place at this moment, I think that will come at some point in the future. But we’ve agreed to the terms presented. My understanding is that the police union met last night as well after we did. I would assume at some point within a few months we will see an actual document outlining these terms in writing and we can approve that document. I can’t go into details, but I think it shows good faith on the part of both parties. We all came to the table and we were willing to listen. I think this will provide stability for the city and I know the mayor has spoken to that. We are all cautiously optimistic but we are rather happy that we’ve come to (a tentative agreement) I think it’s beneficial to the long-term financial stability of the city and we’re doing our job to protect the interest of the taxpayers and provide our police with stability moving forward as far as jobs and compensation. It’s a win/win for everybody. We all had to give a little bit but I think we all got something in return that is much better than what we would have gotten without the agreement. I really think it’s a win/win, both for the voters and the taxpayers. And I think it’s a game changer in the state, as well, because we are forging new grounds and other cities will take note once the terms of the agreement are made public because it will solve long-term financial concerns that other municipalities are facing as well. Marquez: I am sworn to secrecy, there’s a gag order and I can’t give any details, but I am very pleased. Things are moving in the right direction. I am very happy the police are working with the city. It shows that bargaining units like the police association want to reach out to the city because they know the city is in a very difficult financial situation. Mulvihill: Did the police officers meet? They were supposed to meet after the meeting. B: I have been trying to contact them and I have not heard back from them. M:It’s a lot of impact on Charter Amendment 186. Salaries of San Bernardino are calculated as an average of 10 other cities in California. Our salaries aren’t comparable with the increases of Irvine, Pasadena, Long Beach, Ontario and other cities. We have the lowest income and the lowest property values, I think, out of those 10. And those cities aren’t in bankruptcy. This agreement offers the POA – it probably makes a procedure we’ve been using for the last 50 or 60 years no longer important. It allows for some collective bargaining in regards to salaries and we haven’t had collective bargaining. If the POA accepts it, it could be finalized and basically section 186 in the City Charter would no longer be in effect with regards to the POA, that’s the union for the police officers. That’s the most important part of it. That would be the first time in at least 60 years. The whole charter amendment is to eliminate the wording in section 186. This precedes that. If the agreement is signed the only group supporting this would be the firefighters, I think.