FROM THE EXECUTIVE DIRECTOR

November 2008

 
David Wickster

Labor Council Brothers and Sisters,

 

The Constitutional Convention Question: A Direct Threat to the Illinois Public Pension System
By Peter Baroni and Andrew Bodewes, Leinenweber & Baroni,

Public Policy Consultants for the Fraternal Order of Police Labor Council
 

Introduction
 

While the current presidential elections have received most of the News coverage in the State, on November 4, Illinois voters will have an equally important decision to make in casting their vote. On Election Day, Illinois Voters will be asked if they support holding a Constitutional Convention, which could result in a new Constitution for the State of Illinois. The Constitution of the state is the overarching framework of all Illinois laws. Currently, it provides many protections, such as equal rights, limited income taxation and protections for workers’ pensions. In order to safeguard these protections, and for the reasons listed below, the Fraternal Order of Police Labor Council urges you to vote “NO” on the question of whether to hold a Constitutional Convention.
 

Background
 

The current Constitution became effective on July 1, 1971. The last time voters decided the Constitutional Convention question was in 1988, when they rejected the referendum by a 3-1 margin. Under the current Constitutional rules, the public votes on a new convention every 20 years. If Illinois voters approve the referendum, the Governor and the General Assembly determine how and when the Convention will be held. Once the details of the Convention are worked out, the voters elect delegates. These delegates then make proposed changes, and vote on the proposed changes. The final proposed Constitution is then presented to the voters. If the voters reject the recommendation, the process starts over. A Constitutional Convention is a long and expensive process.
 

Costs


Current estimates suggest that a Constitutional Convention will cost upwards of $100 million and would not produce results prior to 2011. Illinois is not in a financial position to spend money on a Convention that may not produce anything. More importantly, the Convention will last for many years, and lawmakers will likely use the ongoing Convention as a way to justify inaction on important legislative issues, such as school funding, paying down debt and providing economic stability. If a Convention is called, it will likely accomplish nothing, and could diminish or eliminate important individual and financial security protections for many Illinoisans.


Direct Threat to Police Pensions
 

The Constitution offers a range of important safeguards from protection of religious freedom and freedom from discrimination to financial concerns such as income tax fairness and retirement security. Of great interest to all state and municipal employees, including police officers and Department of Correction employees, the current Constitution states that no law can impair your pension benefits. That clause, insuring that public pension benefits are guaranteed, says in pertinent part, that “the [pension benefit] rights shall not be diminished or impaired,” thereby protecting public employee’s right to receive the benefit promised to them on the day they began working. This “impairment clause” provides certainty to public sector workers and retirees, and without this clause, no worker’s benefits are safe. If this language were stricken, it could result in reductions to all benefit payments, even to individuals in the process of retiring and retirees. Voting “no” on the Constitutional Convention question is a vote to protect public pensions in the State of Illinois.
 

Vote “No” on the Convention
 

Under current law, any specific issue in the Constitution can be modified at any point by the voters or by the General Assembly through the introduction of a referendum. A broad Constitutional Convention is an expensive and long process that puts even the most basic protections at risk. If one constitutional issue needs to be addressed, there is an effective means currently resolve it. Because of the profound concerns, affecting public and private sector actors in Illinois, a broad coalition of labor and business groups has formed to fight a Constitutional Convention ballot initiative. Please contact your local state lodge or union representative for more information. Illinois does not need an expensive diversion and it does not need to put economic stability or basic individual security rights at risk. Vote “NO” on the Constitutional Convention question in November 2008.

In Solidarity,

David Wickster, Executive Director


FIELD DIVISION NEWS

November 2008

Your Labor Council welcome aboard the City of Sandwich Patrol Officers.

The FOP lobbied a change in state law that took effect in August, 2007 to allow discipline to be subject to the grievance procedure in non-Home Rule units. This gave non-Home Rule units the same rights as Home Rule units. In the Village of Shorewood, the Illinois FOP Labor Council resolved all of the bargaining issues, except whether employees could grieve discipline. The case proceeded to interest arbitration and the arbitrator ruled that our union had the right to have our discipline subject to the grievance procedure. This is a major victory for many of our units. We salute our Village of Shorewood Police unit for staying the legal course when all else had been settled, knowing it was the right thing to do for their future, as well as the future of other units.

Blue Island Telecommunicators are working under a new three-year contract providing 4 per cent pay increases in each year of the contract. Our unit was also able to hold the line on insurance premiums. The clothing allowance has been increased and new scheduling language has been added to the contract. Donna Slak and Jim McGeever worked with Russ Vogt on the successful agreement.

Village of Brookfield Telecommunicators have adjusted their fiscal year to January 1 leading to salary increases of 4 per cent for the first year, 5.25 per cent the second year and 4 per cent the last contract year. Martin Luther King Day has been added to the b bargaining unit holidays. Bargaining team members Caroline Pogwizd and Cheryl Cortwright were assisted by your Labor Council’s Russ Vogt.

Village of Roscoe Patrol has negotiated their first FOP contract calling for substantial pay boosts and benefit increases. The three-year pact was ratified unanimously. Negotiators Tom Farone, Sam Hawley, Chris Wilder and Jeff Robere worked with Russ Vogt on the successful agreement.

City of Plano Patrol, previously represented by another labor organization, has successfully negotiated a new four-year contract that substantially increases salaries, top pay levels and benefits. Gene Morton and Chris Baxa worked hard for their unit and were assisted by Russ Vogt.

City of Plano Sergeants are working under their first contract that provides significant pay boosts in each of the three years of the agreement. Benefits were also increased substantially. Aaron Smith and Norman Allison worked with Russ Vogt to bring a successful contract conclusion.

Randolph County Corrections, Dispatch and Office Deputies have agreed to a contract reopener that provides pay raises of 3.6 per cent each of the next three years. Bargaining unit members will be enrolled in the SLEP in the first year of contract. Two per cent of the 2008 pay raise will be applied toward the change in pension contribution. Randolph County is unique in that the employer pays the employee pension contribution of up to 6.5 per cent. Amy Kempfer, Jason Juenger, Christy Gottshammer and Steve Hand worked with Bill Mehrtens in the successful negotiations.

Benton Police Officers are working under a new four-year contract that boosts salaries 3.25 per cent in each of the first two years, 3.75 per cent for the third year and 4 per cent the last year of the contract. The residency boundary has been extended from the previous 7 mile radius to anywhere in Franklin County. Discipline is now subject to appeal through the grievance procedure as well as the Police and Fire Commission. Negotiating committee members Mike McDaniel, Mike Andrews and Brent Erthal were assisted by your Labor Council’s Bill Mehrtens.

Streator Police have agreed to a three-year contract that calls for working two 12-hour shifts. Salaries are boosted 4 per cent in each year of the contract. In addition, longevity steps have been increased between 5 and ten years, 10 and 15 years, and 15 years and beyond. These longevity increases and educational incentives have been added to the base salaries. These amount to a 20.67 per cent increase over the life of the contract. The agreement also calls for setting up a 501 (C) VEBA Post Employee Health Plan.

Kankakee County Corrections negotiations have gone to arbitration.

Negotiations have reached an impasse and arbitration will proceed in Cahokia, Monroe County and at Southern Illinois University (patrol).

The Cook County Adult Probation Supervisors and the Cook County Court Social Service Supervisors have held their initial meetings prior to entering negotiations.

Logan County ETSB telecommunicators are working under a new three year contract. The agreement provides improved comp time provisions, improved and clarified overtime procedures, family sick leave (4 full days and 4 half days per year). The sick leave cap has increased from 60 to 160 days. A 240 (from 180) day cap is in place for IMRF pension credit. Bereavement leave has been added. Vacation steps have been improved. Wages increased by 2.5 per cent per year for each of the three contract years. Each employee also received a $200 signing bonus. Assistant supervisors received a $500 increase to their stipend. Debbie Kimberlin and Kevin Sampson handled the negotiations.

College of DuPage police, sergeants, community service and dispatchers are working under a new five year contract, following nearly two years of negotiations during which the Labor Board filed three complaints against the college. All issues have been settled including a fair share agreement with increased input on shift selection. Salaries for all employees in the unit have been increased by 3 per cent annual pay increases over the life of the contract. There were no give-backs on insurance.

Oakbrook Terrace patrol and sergeants have agreed on a four-year contract. Patrol officers receive pay boosts of 7 per cent the first year eliminating the previous two-tier wage structure, five per cent the second, 3.75 per cent in the remaining two years of the contract. Sergeants receive pay hikes of 3.75 per cent in each of the agreement’s four years. Health insurance premiums have moved from a dollar amount to a percentage. While the employer has the right to require a mandatory physical fitness test, there is no discipline allowed.

Bushnell police have a new three year contract that provides a base salary increase of 3.5 per cent for each year, a night differential of 30 cents per hour the first year, 35 cents per hour the second year and 40 cents per hour the final year. Unit members also gained longevity improvements. Joe Fosdyck and Jeff Borders led the successful negotiations.

Oak Forest Hospital patrol, following more than two-and-a-half years of bargaining, has agreed on the Cook County pattern for wages and insurance. The settlement agrees on a four-year contract retroactive to December 1, 2004. Our unit was able to successfully resist changes that would have threatened their jobs. Wages have been increased 12.75 per cent over the four years. Uniform allowance has also been increased along with night shift differential.

Schiller Park patrol officers have a three year contract calling for an annual salary increase of 4 per cent. Longevity pay was also increased and top-out pay has been reduced from 24 to 20 years. There is now a maximum of accrued 480 hours of comp time with a guaranteed 80 hour carryover into the next year. The village will pay 50 per cent of retirees insurance. Uniform allowance was increased. Violation of the Peace Officers Bill of Rights may now be grieved. The village agreed to a memorandum allowing 12 hour shifts.

Waterloo patrol has agreed to a twice annual random drug test. The chief, assistant chief and lieutenant must also participate. The new four year contract calls for salary increases of 3.25 per cent the first year, 3.5 per cent the second and third years and 3.75 per cent the final year. Unit members will now receive cash bonuses on the 5th, 10th, 15th and 20th anniversary of service. Additional vacation increments have been added at 6 years and 15 years of service. Trinity Dawes and Jeff Prosise handled the negotiations.

Will County Sheriff’s deputies have ratified a three year contract that includes across-the-board wage increases along with adjusted pay step increases. Rights in disciplinary matters have been increased. For discipline involving suspensions or termination, the action may be tested through the arbitration procedure or the sheriff’s merit commission – at the choice of the employee. A drug and alcohol testing policy has been negotiated. FTO pay was increased. The amount of shift picks allowed each year was also increased, as was the sick leave bank.

Cook County Investigations Bureau Supervisors ratified their first contract. Effective Dec. 1 of 2007 there is a 2 per cent across the board salary increase. Effective June 1, 2008 there is a 2.75 per cent across the board increase. There is a 2 per cent equity adjustment effective Nov 30, 2008. Each employee also received a $750 bonus. Provisions defining seniority were negotiated. Protections regarding the use of personnel file material were also negotiated. Overtime, callback and court time pay were negotiated as well as a sick leave bank. Equipment allowance was negotiated.

Secretary of State Securities Agents are working under a new four-year contract that provides a complete 14-step pay plan ranging from $55,224 to $80,340, comparable to the Secretary of State Investigators’ salary structure. Seniority has been redefined to start only as a S of S Securities Agent. Thanks to bargaining team members Corey Deters and Chris Milligan for their efforts.

Batavia sergeants and patrol have settled on three-year contracts. This is the first contract for the sergeants unit. The residency restriction has been removed for the sergeants as well as patrol. Sergeants are receiving annual pay increases of 6.25 per cent the first year, 4.75 per cent the second and 4.5 per cent the third. Patrol receive 4.25 per cent pay boosts followed 6 months by an additional 1.06 per cent boost… then 4.5 per cent in each the second and third years. Both units’ health insurance contributions have been capped and a health insurance advisory committee has been formed. The sergeants receive a roll call stipend and both units receive a language proficiency stipend… investigators stipend and standby pay. Comp time banks were increased as were the clothing allowance for both units. Patrol also received increased on-call compensation, OIC pay and FTO pay.

Lake County Corrections Officers have a new three year contract providing corrective steps resulting in first year salary increases for the majority of employees of between 3.3 per cent and 10.2 per cent. Senior employees who were earning a higher rate of pay than the highest schedule step receive a one time $1,800 bonus. There is a 3.75 per cent increase for all employees in each of the remaining two contract years. The number of holidays, as well as holiday pay, has increased, along with FTO pay. The unit also now has control over how forced overtime is assigned.

Columbia patrol and telecommunicators are under new one-year contracts that started in May. Each unit receives a 4 per cent salary increase. Justin Barlow, Josh Bayer and John Simon participated in the negotiations for our patrol unit. Kevin Robinson and Shirley Bergmann negotiated for the telecommunicators.

Lombard patrol officers are working under a new four-year contract and receive annual wage increases of 4 per cent the first year, 3.75 per cent the second and third years and 4.25 per cent the final year of the contract. Clothing allowance was increased. Standby pay for investigators was expanded. FPO and specialty pay were increased as was callback pay. The time for filing a grievance was increased. RHS plan details were also negotiated.

Lincoln Police unit is headed to arbitration over election or procedure in an attempt to allow members to seek grievance procedures rather than having to appear before a police and fire commission board.

Calumet Park sergeants and patrol officers are working under a new four year contract. They receive a 4 per cent pay boost the first year of the contract (with no insurance premium increase that first year). Salaries increase 5 per cent in each of the remaining three years. Set dollar amounts are being maintained for insurance premiums during those three years, as opposed to the 10 per cent boost the village had wanted. Unit members receive an additional personal day. All discipline will now go through the grievance procedure rather than the police and fire commission. Clothing allowance has increased along with specialty pay and OIC pay.

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