Citation in context
December 11, 2018 — Meeting Minutes
Cited passage
Greg Klupple, Legal Counsel, Fraternal Order of Police, Lodge 15, addressed the Board stating that Mayor Sanger misspoke when he stated that they are required to have a framework since we are excluded from the public sector labor law. He said that there is no requirement to have a framework and that he wanted to make that clear. Mayor Sanger asked how would they establish what the rules were if they didn’t have a framework? Mr. Klupple stated that like what they have done in the past with many other cities, noting that the City of St. Louis does not have an ordinance enacted with regards to a framework. They would have conversation with the City’s attorneys and then they would lay the ground rules for the collective bargaining process. He stated that he wanted to make clear that the law does not require the City of Clayton to enact the framework. Mayor Sanger stated that he appreciated that clarification. In response to Mr. Klupple’s statements, Alderman Boulton commented that the law has an absence of framework, you would be providing the framework under that circumstance. She thinks that what Mayor Sanger was simply saying is that with an absence of framework given to us by the Missouri Legislature we must discern and decide in some way to move forward. You have given us one viable alternative, thank you very much, but there are others too. Alderman Winings moved that the Board go into executive session to consult with counsel. Alderman Boulton seconded.
Mayor Sanger commented that this process did start in August and that there have been changes made and dialog has been going back and forth all done in good faith. Change doesn’t happen overnight and that they are and will approach it very diligently. There has been a lot of conversation and the City’s attorney has kept them up to date. With every response they have tried to be diligent and he feels that they have gotten to the point where they were in an appropriate place. The ordinance was created based on the input that they have received and noted that the State of Missouri has given them the requirement to create its own framework.
12-11-18 BOA Minutes December 11, 2018 Page 4 of 10
Minutes are recorded based on Robert’s Rules of Order Newly Revised, 11th, 2013 Edition
In response to Alderman Harris’ question regarding the sergeants (supervisory staff) versus the officers, Ms. Thompson (referenced the 11 Factor Test) stated that the sergeants and the officers share a similar community of interest, just like the captains in the fire department share a similar community of interest with the firefighters. The biggest factor that they think come into play here are that the sergeants like the fire captains cannot hire, fire, promote, demote, or execute discipline. The sergeants and the officers have similar wage scales, hours, working conditions, and other terms and conditions of employment. She stated that the officers, corporals, and sergeants organized and formed their own bargaining unit and chose their union and should not be separated. Alderman Harris stated that she would prefer to table the ordinance and would like to hear from the City’s attorney. Alderman Boulton suggested that the Board go into an Executive Session to hear from the attorney. Alderman Harris said that she is okay with the suggestion. Greg Klupple, Legal Counsel, Fraternal Order of Police, Lodge 15, addressed the Board stating that Mayor Sanger misspoke when he stated that they are required to have a framework since we are excluded from the public sector labor law. He said that there is no requirement to have a framework and that he wanted to make that clear.
Alderman Winings moved that the Board go into executive session to consult with counsel. Alderman Boulton seconded. The motion passed on a roll call vote: Alderman Winings – Aye; Alderman Boulton – Aye; Alderman Lintz – Aye; Alderman Berkowitz – Aye; Alderman Harris – Aye; Alderman McAndrew – Aye; and Mayor Sanger – Aye. The meeting reconvened at 7:48 p.m. Mayor Sanger thanked everyone for their patience stating that they have had many conversations about this framework for them to once again hear about how this was all put together.
12-11-18 BOA Minutes December 11, 2018 Page 5 of 10
Minutes are recorded based on Robert’s Rules of Order Newly Revised, 11th, 2013 Edition
City Attorney O’Keefe stated that it is important that everyone appreciate that the Board of Aldermen through its HR counsel has negotiated with the Fraternal Order of Police over the terms of this framework for about two and half months and it has been changed. The substantial changes were made at the request of the union. Not all the requests were agreed to, but substantial changes were made. The product is a fuller and better document than what was started out as a result of that collaboration and those discussions. With respect to the role of sergeants, not all sergeants in every department are the same, the sergeants in the Clayton Police Department do play important supervisory roles in our department. They are critical to the service of quality, performance of duties by their subordinates, and the service to the public that they generate and respecting that important role recognizing that critical difference is manifest in the terms of this proposed framework. It is appropriate to treat them differently when they play a more supervisory role in our department then some sergeants play in other departments. It is recognizing the critical role they play that makes the separate treatment an important part of the process.