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Ordinance No. 9,474ORDINANCE NO. 9474 • AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CONTINUING THE ENGAGEMENT OF BETTYE LYNN OF KARGER KEY BARNES AND SPRINGER, LLP, FOR THE PERFORMANCE OF LEGAL SERVICES IN CONNECTION WITH THE LAWSUIT FILED ON BEHALF OF CERTAIN FIREFIGHTERS AGAINST THE CITY OF BAYTOWN REGARDING FIREFIGHTER LONGEVITY PAY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown, Texas, hereby continues the engagement of Bettye Lynn of Karger Key Barnes & Springer, LLP, for the performance of legal services in connection with the lawsuit filed on behalf of certain firefighters against the City of Baytown regarding firefighter longevity pay. Section 2: That the City Council of the City of Baytown authorizes payment to Karger Key Barnes & Springer, LLP of a sum not to exceed TWENTY -FIVE THOUSAND AND NO /100 DOLLARS ($25,000.00). Section 3: That the City Manger is hereby granted the general authority to approve a decrease or an increase in costs by TWENTY -FIVE THOUSAND AND NO 1100 DOLLARS ($25,000.00) or less, provide that the amount authorized in Section 2 hereof may not be increased by more than twenty-five percent (25 %). Section 4: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 26`h day of November, 2002. 4ze. PETE C. ALFARO, May Kr ATTEST: G . SMITH, City Clerk APPROVED AS TO FORM: eTdNACIO RAMIREZ, SR., Attorney • FAKaren\riles\City Council\ Ordinances\BettyeLynnCondnue.doc I' nar co ua i . : cud r , PUBLIC SECTOR PERSONNEL CONSULTANTS March 25, 2005 Thomas Carr, President Baytown Firefighters Association c/o Baytown Fire Department 3110 N. Main Street Baytown, TX 77521-4110 Dear Tom: Thank you for taking the time to meet with Chet Blake and me on March 17, 2005, to discuss the City's FY 2006 Wage and Benefits Study, and the interests of the Baytown Firefighters Association.We are writing to summarize our discussion on that date: We understand that the Association is requesting that the City (zind the consultants) utilize a market or comparator employer model limited to surrounding communities that have Civil Service/collective bargaining departments. Although the Association would prefer to use as small a list of cities as possible, we recommend using a model that s consistent with the City's geographical recruiting area. In the meeting, we presented a list of comparators for the fire service that included the following communities: Beaumont Houston Texas City Galveston Port Arthur Woodlands We understand the Association's concern with hours worked .n the various departments. However, we are collecting and comparing data on similar occupati'.;ns from the comparators on an annualized basis. Work hours is an item with economic impart that is a matter for the collective bargaining process. We also noted the concern with the narrow range spread between the certified ranks, and we will make recommendations in this area. We also understand the Association's concern with the increasing cost of health care benefits, which is universal throughout the country. As part of the FY 2006 Wage and Benefits Study, we are collecting and will be reporting the cost of benefits (in terms of actual cost and percentage paid by the employee and employer).We arc also collecting and reporting data on retirement and other fringe benefits 3S part of our report to the City. Again, thank you for meeting with us last week. We value your participation and seek your support in this important project. Since �1 4,,,.4,_______ , Robert A. Miles Senior Consultant ell cc: Alison Froehlich-Smith, SPHR, CCP Henri R. van Adclsberg, President, PSPC National Otticc.4I 10 N.Srnttsnair Road.Pi40,Srnn^chin.Anzonn 35251 • 480-947-6164 • 1-000-522-PSPC•I,IX 4110-')70 6010 • intu•+kunwe•nsaiinnennsullinn.coin Offices in various major cities if 4 ti" City of Baytown dA BYTOWN July 7,2005 Mr. Thomas Can, President Baytown Professional Firefighters Association Local 1173 . Re: Meeting with compensation consultant Dear Mr. Carr: I am in receipt of your letter dated July 7,2005,which was hand-delivered a few hours before the today's meeting. In such letter, you make reference to discussions with Alison Smith regarding the meeting and information you desired prior to the same. I have enclosed Ms. Smith's response, which indicates that the salary survey information was tendered to a member of the bargaining team on July 5th, the date the information was received by the City from the consultant. Thereafter..oLJttl6you requested additional information. Such information was obtained from the consultant and copies were made for you on the same day as you requested. Such copies,however,were never picked up.. Therefore, I have enclosed the same for your convenience. Regarding the meeting notice, your letter implies that the Baytown Professional Firefighters' • collective bargaining team was going to attend the meeting today. However, it appears that you desired for such meeting not to be posted. As you know, it is the City's practice that when the City's collective bargaining team meets with the Baytown Professional Firefighters' collective bargain .,,ueb . ,. _ ._ meetings are posted. Ms. Smith's enclosed response indicates that she previously informed you that the meeting would be posted. Therefore. based upon the Union's prior agreement to meet today, the City requested that the consultant discuss the salary survey with the Union today. Please be advised, that such arrangements have already been made, the consultant is here, and the presentation regarding the compensation audit will be conducted at the posted time, date and place. I encourage you to attend so that you may seek to have any questions which you may have answered by the consultant. Hope to see you this afternoon. Sincer y Gary acks City Mena Enclosures R:1KarenTiles\City Managcrl.otters:Letter2L nionRcJuly7Meeting.doc 2401Market Street P.U. Box 424 Baytown,Texas 77522-0424 {281)422-8281 Fax (281)420-6586 baytown@baytown.org • MEMORANDUM TO: Gary Jackson, City Manager FROM: Alison Froehlich-Smith, Director of Human Resources/Civil Service e.44� SUBJECT: Meeting with Compensation Consultant DATE: July 7, 2005 The Baytown Professional Firefighters Association agreed to meet on July 7th so Public Sector Personnel Consultants could present the market salary data information. As you are aware,Public Sector Personnel Consultants was hired by the City to review all positions within the City, Civil Service and Non-Civil Service. The Association requested they receive a copy of the data from the consultant prior to the meeting. I called Thomas Carr, President of the Baytown Professional Firefighters Association on Thursday, June 30th and informed him that I would not be receiving the data from the consultant until July 5th due to the Holiday. He informed me that that would be fine. On July 5th I tried to forward the information to Thomas Carr but he never returned my call. I contacted Fire Chief Shon Blake because I wanted to make sure the Association received the data in a timely manner. Mr. Blake was able to locate another member of the bargaining unit, Kenneth Lowell who picked the data up that afternoon. Mr. Carr called on July 6th and informed me that they would be unable to meet with us because they did not have enough information. I asked him to clarify this. He wanted the specific calculations of the salary data. I informed him the reason for the meeting on July 7th was for the consultant to go over the salary data in detail, as well as their methodology in computing the data and it would also allow them to ask questions. I forwarded the information that was provided to me from the consultant as requested. I also requested the consultant to fax the salary plans to me that they used to compile the data, which they did. I informed Thomas Carr on July 6th that I had this detailed information available for him to pick up, which to date he never has picked it up. Mr. Carr also stated that he noticed the meeting was a posted meeting and open to the public and they did not want it to be a negotiation session. I informed him that I was required to post the meeting in accordance with Texas Local Government Code 174.108. However,the meeting notice only allowed for a presentation of the salary market study by Public Sector Personnel consultants and discussion of such. Jul 06 05 12:05p P•4 • CITY OF HOUSTON FIRE DEPARTMENT (CLASSIFIED) • Base Pay Classification (Biweekly) CIVIL SERVICE CLASS D FIRE SUPPRESSION CLASS-FIRE SERVICE GRADE II Firefighter,Probationary 1083.43 Year of Service Beginning: GRADE III 1st 2nd 3rd&4th 5th,6th 8th,9th 11th,12th 14th,15th 17th Year Year Year Year &7th Year & 10th Year &13th Year &16th Year '&Over Firefighter 1174.00 1235.04 1299.72 1380.75 1419.87 1495.18 1559.33 1651.32 GRADE IV 3rd-4th 5th Year Year &Over Engineer/Operator V 1665.60 1679.87 GRADE V 5th-9th 10th- 16th 17th Year Year Year &Over Captain 1708.42 1767.36 1862.79 GRADE VI 7th-9th 10th-16th 17th Year Year Year &Over Senior Captain 1934.87 2001.75 2109.87 GRADE VII 9th 10th-16th 17th Year Year Year &Over District Chief 2215.72 2292.39 2416.33 District Chief-Training Officer 2215.72 2292.39 2416.33 Year in Grade: GRADE VIII 1st&2nd 3rd-5th 6th Year f Year Year &Over Deputy Chief✓ 2542.57 2605.58 2670.24 GRADE IX Assistant Fire Chief,/ 3109.25 3186.49 3265.53 GRADE X VIP Fire Chief(Non-classified) Range S3008-5589 � /21 1 (r) As of July 8,2000 I i JU1 Ub UD 1C: up -- ``P•� LEES ZON Fire Collective Bargaining Contract Salary Schedule Effective Dates • October 2, October 1, Pay Grade Classification 2004 _ 2005 • Based on 105 hours • 6113 Trainee 29,820.00 29,820.00 (12 months) 2,485.00 2,485.00 1,146.92 1,146.92 10.9231 10.9231 6114 Firefighter I 37,344.00 37,716.00 (Over 1 year) 3,112.00 3.143.00 1,436.31 1,450.62 13.6791 13.8154 6115 Firefighter II 38,376.00 38,760.00 (Over 5 years) 3,198.00 3,230.00 1,476.00 1,490.77 14.0571 14.1978 6120 Driver I 42,192.00 42,792.00 3,516.00 3,566.00 1,622.77 1,645.85 15.4549 15.6747 6121 Driver II 43,380.00 44,004.00 (over 5 years) 3,615.00 3,667.00 1,668.46 1,692.46 15.8901 16.1187 6130 Captain I 48,360.00 50,544.00 4,030.00 4,212.00 1,860.00 1,944.00 • 17.7143 18.5143 6131 Captain II 49.752.00 51,996.00 (over 5 years) 4.146.00 4,333.00 1,913.54 1,999.85 .18.2242 19.0462 6140 Battalion Chief I 54,612.00 56,784.00 4,551.00 4,732.00 2,100.46 2.184,00 20.0044 20.8000 6141 Batallion Chief II 56,184.00 58,416.00 (over 5 years) 4,682.00 4,868.00 2,160.92 2,246.77 20.5802 21.3978 • Note: Third year would be based on new market study-these are estimated based or. c► JUL Ub Ua 1c: uap r' • SCI'EDULE OF MONTHLY WAGES EFFECTIVE EFFECTIVE EFFECTIVE EFFECTIVE EFFECTIVE 10/01101 10101/02 05:01:03 10101/03 10101/04 GRADE I-FIREFIGHTER Start to 1 year 2.219 2.286 2.332 2.425 2.546 1 year to 3 years 3.075 3.167 3.230 3.359 3,527 3 years to 5 years 3.203 3.299 3,365 3.500 3,675 5 years to 7 years 3,272 3.370 3,437 3.574 3,753 7 years to 10 years 3.304 3.403 3,471 3,610 3.791 10 years to 15 years 3.371 3.472 3.541 3.683 3.867 15 years or more 3.437 3.5:0 3.511 3,755 1 3.943 GRADE II-DRIVERIOPERATOR Start to 2 years 3,644 3.753 3.828 3.981 4.180 2 years or more 3.716 3.327 3.904 4.060 4.263 GRADE III-CAPTAIN Start to 2 years 3.927 4.045 4,t26 4.291 4.506 2 years or more 4.063 4.185 4.269 4,440 . 4.662 GRADE IV-CHIEF 4,416 4.548 4.639 4.825 5,066 GRADE V-DEPUTY CHIEF 4.764 4.907 5,005 5.205 5,465 GRADE VI-ASSISTANT CHIEF 5,046 5,197 5,301 5,513 5.789 1III Jul 06 05 12: 05p -- -- ---- .. - p. b • PO(LT AQTlua - 1 ......._. . .. • ARTICLE 30 1 • 1R18A S SECTION 1 I • Ilia C^.37v.Rr a annual base safeties ama as hard Wow. • rnae zjs tmsm j4 hcn^p pt 1�ceosn 29r niati«, I . • Fats 1p14 • �� .1G: • Ann.. 01_. 4LR :. I • +FIRER:4Mi c • 629119 37^59.6T Ermv 33 4727 ji 38 7:2.4o • 1 v v 3645e27 27,15B.46 37 57.2.23 36•f'So.a7 .• . 2 waltz S 631.67 39 566.15 36 l',W.0:7 40147.11 ti l 'L: ctsilfl lS 9 5 ye2I6 30 170.89 IIIKEZI`]A 1Ell,rsatr.l I: . For Et:STEEAF� '_ft�.. max 11,23^c.ES EMI 6(=e a 49.235.45 44 •0 45,861.81 • FIRE CF,PSA&) 'MDR 45 183.08 48 095.7 47 0M48 47 046.64 I: • 8mord= 1.15Bal am IV.''" assT. • : I:Viral' • i Slott 45 1EG.08 ae 9E6.74 47,09548 47,945 64 49 007.62 6 pm•41,3 6 : : 49 133.01 50,116.57 5111749 1 •F9?E @ikR6YAL r SW49 7494 50,S2.43 51,369.11B 52 37AD .679.445.02 Gs 513.62 'I r 6 rnnreAe 51_692.60 5Z.71525 53,770'68 51.645.68_ 0_,042.91 CF,TT'At10N I• I GRIEF • Star! 49 974.64 69 392.43 6 S 9611use 67 7,07.08 SS H6.C2 • • e rem • 6168z60 y2 71C.25 52 776 53 il I • emzurtr r:t r 1•1111111111111 r • \mesas 63.902.61 55 67287 5617412 6 rar7,9 58,405.92 67,634.04 6004.72 'y a56.41 61,055.59 62224.89 • • 1' L.. • .1 . 1 c c • ac uo ACC �cu c. CITY OF TEXAS CITY m FIREFIGHTERS WAGE SCALE-EFFECTIVE 03/01/04 '-nn n C , u 100 Firs w CC q.4SSIFICATIOy (HOURLY" P_IYILEM MONTH Y e �Z IjiCENT;V. PAY Caplarn S 18.20 5 1,820.00 S 3,943.33 CERTIFICATES Engineer $ 16,89 S 1,689.00 3 3,659.50 Inter 150.00/mo.-89.23pp Adv 250.00/mo.•115.38pp N Firel'ghterl36 Months I 15.43 $ 1,543.00 5 3,343.17 Mitt-fire 300.00/mo.•138.46pp ^' r Firetighter/18Mcnths 3 14.89 5 1,489.00 $ 3,226.17 EDUCATIONAL-DEGREES Master's 100.00/r%o.-46.15pp Firetighter/12 Months S 13.89 S 1,389 00 S 3,009.50 Bach 65.00/rno.-30.00pp Assoc 35.00/r.o.•18.15pp a FlrefigMerf6 Months S 12.29 S 1,229.00 $2,662.83 "'elective 03/04/05(not covered by contract) c Fiertghter/beg. S 10.90 3 1,090.00 5 2,361.67 " E.M S.INCENTIVE Emt-Basic 40.00/mo.-18.46pp "hourly rate figured on 2600 Firs,per year Ernt I 65.00/mo-30.00pp (100 hours per pay period-50 hours per weeK) Emi Paramedic 115.00/mo.-53.08pp §TEP UP PAY STEP UP TO STEP UP TO PRESENT POSITION ENGINEER CAPTAIN ASSIGNMENT PAY(40 HOUR STA,FFI 175.00/mo.-80.17pp Engineer- 31.44/ship 1.311hr LONGEVITY t _ FF/36. 35.04/shift 4 00/mo.X(yrs service) _ 1.46/hr. (NO LIMIT) rF/18- 48.00/shift 2.00/hr. SHIFT=24HOURS FF/12• 72.00/shift Beginning 111/97- $25.00/manth Bilingual Pay 3.00/hr. FF16- 110.40/shift 4.60/hr. FF/beg- 143.76/shift 5 99/h r. 03/04/05 dw.v m w July 7,2005 Gary Jackson City Manager 2401 Market St. Baytown,TX 77520 The members of Baytown Professional Firefighters collective bargaining team regret to inform you that we will not be attending the July 7th meeting scheduled for 1:00 p.m. As a prerequisite to this meeting we requested that the City provide us with information on the new employee salary survey packet prior to the meeting. We were only provided with fiscal year 2006 salary survey numbers for each classified position in the fire department. I made it clear to Alison Smith that we were requesting detailed information on the calculation and production of these surveys from the City's consulting firm. Without this we are not able formulate informed questions for the City's consultant. We made it clear to Alison Smith that this was not to be a collective bargaining meeting as defined in Local Government Code 174. Clearly the"Notice of Meeting"states that this meeting is being posted in accordance with Local Government Code 174.108. We are committed to moving forward with the collective bargaining process and are disappointed that these simple requests could not be met. We will be unable to meet until after July 15th due to the State Firefighters Association Convention July I Ith thru the 15th. Sincerely, Thomas Carr,President Baytown Professional Firefighters Association Local 1173