Friday, August 24, 2012

Response to Request for Information on Contracting Out Police Services



a translation please. did council sign a three year contract with the police and now can't go back in to re-negotiate therefore they can't discuss the contents of the bid??!!

http://www.fixpacifica.com/docs/pacificaSheriffBid.pdf

Submitted by Jim Wagner

24 comments:

Chris Fogel said...

Before it can make a decision to save labor costs by contracting out services performed by employees represented by a recognized employee organization (union), a public agency must complete its bargaining obligations under the Meyers-Milias-Brown Act. This duty to bargain requires the local agency to provide the union with notice and an opportunity to bargain, and if the union demands to bargain, the local agency must bargain in good faith before make the decision to contract out.

The City has decided not to make any proposals to the police union to contract out police services at this time. Under these circumstances, there has been no need for the Council to make a decision about contracting out police services, and the Council has not done so.


So in other words... since "contracting out services" has not been a part of the ongoing labor negotiations and hasn't even been proposed, there's really no reason why the Outside Consultant's Report can't be released to the public, right? Except for the bizarre attorney/client privilege that only exists because the City Attorney retained the consultant.

Steve Sinai said...

Here's a link to the Meyers-Milias-Brown Act for anyone who cares to read it.

I read it a few months ago, and it does look like it's a very long, drawn-out process when it comes to negotiating a contract between local government agencies and their employees.

Anonymous said...

Huh?

Did Cathy just double speak or what? I see no reason in her letter for not releasing information about the report.

Anonymous said...

Does anyone thing council knows what they signed?

Steve Sinai said...

If you read the Meyers-Milias-Brown Act, you can kinda' see the context for the city's response. The wording does seem rather confused and circular, though.

From what I can tell, the city can't easily contract out police services unless the police union agrees. If the police union doesn't agree, then they go through a good-faith negotiating process that takes months.

Ultimately, the city can still outsource the police department if it's decided that the city and the police union cannot come to a mutual agreement.

Be aware that my legal training consists of one business law class through Berkeley Extension, and watching a few episodes of Matlock.

Anonymous said...

You and the city attorney, Steve.

Anonymous said...

anon1133 no.

todd bray said...

Steve, Chris et al,

I think AB 506 is going to be the answer. It's my limited understanding it allows municipalities to restructure debt and contracts AS IF it were in bankruptcy but without the financial ramifications the the city's credit rating a Chapter 9 bankruptcy would have on things like bonds and interest.

I had two conversations with Police Department reps early last spring. The city had not even approached the 4 PPD bargaining associations at that point. Not even a note to say they were going to contact them about the expiring contracts.

It should be noted that in place of a renewed contract the expired one is normally kept in place and used to continue business as usual.

Anonymous said...

Over on Pacifica Index the latest post in their coverage of "WTF Just Happened" interprets the whacky letter rec'd by Wagner as meaning that council was not involved in the decision to not pursue outsourcing, nor has it been presented to them, rather it is the city that made the decision.

Well okay then, it is clearly time to start over at city hall. We are way beyond a little lack of transparency here folks. Out with these clueless, clumsy, fools-- out out out!

Anonymous said...

You gotta love how these swine throw Kathy O'Connell under the bus. They screw up it beyond belief and then make poor Cathy the messenger for their garbage. Shameful.

Anonymous said...

Really Todd? You think this bunch could navigate AB506? You have that much confidence in them? We've all been had. Some more so than others.

todd bray said...

Sadly Anon1:59, I have to agree with you. Also Anon 1:00, Kathy is a solid public servant getting screwed by senior staff.

Anonymous said...

Kathy is part of the problem. She covers their butts quicker than a bull has sex.

Her cushy pay check depends on it. $100K for a clerk in a podunk town?

Chris Fogel said...

Kathy is part of the problem

Give me a break.

Kathy O'Connell has been extremely helpful and responsive whenever I've contacted her for help with city information. She is to be commended for her professionalism and I think you'll find many others who feel the same way.

Don't confuse staff/council transparency issues with Kathy's hard work on behalf of the city and its residents.

Anonymous said...

Ano@340 What a vile thing to say. If your argument depends on slandering a decent, hardworking woman, then you need a better argument. Fool!

Anonymous said...

@anon340 Someone with your obvious limitations couldn't do half of Ms. O'Connell's job with even a tenth of her intelligence and unfailing courtesy. Wish she had better bosses and we should do all we can to make that happen, but she's an exemplary person.

Steve Sinai said...

I agree with the last few comments. From what little contact I've had with Kathy O'Connell, she seems very conscientious and helpful.

I'd have to think she relayed the request to the city attorney, and then relayed the answer back.

Lionel Emde said...

Ditto the positive comments on our city clerk. You think she's the one dreaming up these crap legal arguments? She's the messenger, and considering that the city attorney's law firm was issueing PRA denials to me and at least two other parties directly, she's a damned cheaper messenger for the taxpayer's sake.

Evewrybody needs to remember: None of this changes the fact that the city council held an illegal closed-session meeting on July 11, and that their fingerprints are all over this outsourcing affair. The city attorney needs to go, as does our dear Mr. Rhodes. They should have known and said no to this whole strategy, but they obviously were accustomed to getting away with it. Nice, huh?

How many other times and policies do you think were handled this way?

Anonymous said...

You're right Lionel. And I'd add about 5 more names to that hit list. Then, add in Ritzma and you gain massive employee trust and goodwill. They've all obviously learned, and learned to accept, some real bad habits. Clean house! Start with 3 this November. It's the only way to be sure.

Anonymous said...

O'Connell's just a messenger. As soon as the natives get restless those devious cowards send out a lamb. Typical bullshit from that bunch. I'd expect them to come up with some diversion any minute. Let me guess...some news about the quarry or they're going to look for that poor lost lady on their own. There they go. Yuck!

Kathy Meeh said...

I agree with all the positive comments about Kathy O'Connell. She's terrific! And so was the prior Clty Clerk, Flo Derby.

Separate issue. I agree with Anon 5:12 PM, that Anon 3:40 PM's comment is "vile, and needs a better argument."

Anonymous said...

Now Flo Derby could tell us some stories. She won't because she's Flo, but that woman knows a lot about politics in this town and just how dirty a business it is. Then and now.

Anonymous said...

You know some of you are such pathetic lost souls.

Kathy, is the only person down at city hall that I believe. She has always been truthful and honest with me. Even when I walk in with the hard questions, she has always treated me professionally and with respect.

That is a lot more then most people in this town.



Honestly the city needs changes at just about every level and department. Kathy, is the exception.

Do you people realize that most cities the size of Pacifica also have an assistant city clerk.

Some of you petty paycheck envy fools.need to get off your lazy asses.

You people sit on your asses and complain about city salaries.

Booo fking hooo

Anonymous said...

Relax anon901, other than the nasty fool at 340 that started this barrage, we all seem to be fans of Kathy O'Connell. Personally, I don't subscribe to the anti-city-employee rant. These are most often our neighbors, working in the same city where they and their families live. They are highly motivated to do a good job. They make what they make as the result of a bargaining process, not a robbery. We need to reduce those salaries, benefit and pension costs asap. But that should also be done through a bargaining process. Do we have the right team of people at city hall, elected and otherwise, to accomplish that? It really doesn't look like it, but we can change that and we must. Then we can really get to work on fixing this city.