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FCM20101026 CITY OF MUSKEGO Approved 11/8/2010 FINANCE COMMITTEE MINUTES Tuesday, October 26, 2010 Muskego City Hall Mayor Johnson called the meeting to order at 6:00 p.m. Committee Members Ald. Snead, Fiedler and Werner were present. Also present: Finance and Administration Director Mueller, Ald. Harenda, Soltysiak and Schaumberg, and Deputy Clerk Blenski. Those present recited the Pledge of Allegiance. The Deputy Clerk stated that the meeting was noticed in accordance with the Open Meeting Law. APPROVAL OF MINUTES Ald. Snead moved to approve October 12, 2010 minutes. Ald. Werner seconded; motion carried. LICENSE APPROVALS Operators Ald. Fiedler moved to recommend approval of a regular Operator’s License for Gail Borden, Carmena Bryant, Jennine Burcham, Daniel Callaway, Denise Chadwick, Siobhan Contreras, Nathaniel Daggett, Ann Della, Mark Dumont, DeMarco Edwards, Jesse Egly, Rose Engel, Kierra Evans, Alexander Eversum, Tanya Galten, Catherine Gavin, Brooke Gonzalez, Barbara Gureski, Richard Haas, Cynthia Habersat, Barbara Hampton, Carolann Hanrahan, Steven Harrell, Helen Hayes, Antonio Hegwood, Curtis Huenink, Jennifer Jovonovich, Gerilyn Kasprzak, GeriAnne Lein, Michael Lemke, Amrit Maan, Valli Mantripragada, Kathleen Mateicka, Sandra Meier, Jennifer Mesta, Glenn Miller, Jacqueline Murray, Sandra Neitzel, Valerie Osburn, Patricia Perez, Kellie Randolph, Rachel Repinski, Mildred Rodriguez-Wys, Pamela Ruiz, Michael Schuh, Darla Schultz, Sheila Schultz, Darlene Stone, Tycora Taylor, Rita Toniazzo, Margot Tran, Dawn Wetzel, Felicia Wilkins, Victoria Wilson, and Michael Wyland subject to the licensing requirements being completed prior to issuance. Ald. Snead seconded; motion carried. Muskego Area Chamber of Commerce Ald. Werner moved to recommend approval of a Temporary License to Sell Fermented Malt Beverages and Wine for the Muskego Area Chamber of Commerce. The license is for the Muskego County Christmas event, which will be held on November 20, 2010. Ald. Fiedler seconded; motion carried. Six-Month Review for Operator The Deputy reported that a six-month review was done for Ali Najera, which was a condition of her Operator’s License when it was approved in April. The record check revealed that there were no issues. Finance Committee Meeting Page 2 October 26, 2010 GRIEVANCE HEARING Mayor Johnson stated Grievance No. 10-539 was filed by the Muskego Police Association Local #360 regarding protective body armor. A grievance hearing will be held before the Finance Committee. Present: WPPA Representative David Hendrickson, Police Chief Paul Geiszler, Captain Craig Moser and various members of the Police Department. Mr. Hendrickson reviewed the language in the existing labor agreement between the City and the Muskego Police Association regarding protective body armor. The language is in Article 11, Section 6. He provided information queried from the United States Department of Justice regarding bulletproof vests for municipalities with a population under 100,000. He compared the national average expenditure for protective body armor to what Muskego spent for the years 2005 to the present: 2005 $631.30 $524.31 (Muskego) 2006 $605.51 $553.33 (Muskego) 2007 $670.15 $587.20 (Muskego) 2008 $682.10 $615.00 (Muskego) 2009 $690.46 $638.33 (Muskego) 2010 Unknown $550.00 (Muskego) Mr. Hendrickson stated the national average has continued to increase each year since 1999 when the amount was $544. The City’s expenditure has also continued to increase, while below the national average, until this year. The City’s amount of $550 compares to the national average back in 1999. This is the first year that the Police Department made a determination that a specific vest had to be purchased. In the past the officers have had a choice and have been reasonable in making their selections. Mr. Hendrickson believes the historical data supports the grievance. In addition, Mr. Hendrickson noted that past practice allowed variables regarding the choice of vest and the dollar amount. He reviewed the language in Article 20 of the existing agreement. Mr. Hendrickson stated that this section of the agreement was violated as the change regarding the choice and dollar amount for the body armor should have been negotiated. Mr. Hendrickson stated that because the language regarding the protective body armor is not clear, you rely on past practice. Ald. Fiedler disagreed stating you would go back to the intent of the parties involved. Mr. Hendrickson stated that the officers feel that the body armor that was chosen is uncomfortable and are resorting to wearing old body armor. He did confirm that an officer can purchase body armor of his/her choice and be reimbursed up to $550. Mr. Hendrickson stated that in 2010, the City budgeted $6,600 for 11 vests, which would be $600 per officer. In addition, the City also applies for grants and obtains reimbursement for part of the expenditure regarding replacement of the vests. The grant reimbursement per officer was $278.81 so the amount the City actually spent is $271 per officer for vest replacement. The Mayor stated the City budgets the amount it does because the amount of any grant money that may be received is unknown. Finance Committee Meeting Page 3 October 26, 2010 Chief Geiszler and Captain Moser were also present. Chief Geiszler stated that the contract language regarding the body armor has been the same for many years. He believes that the City is not only meeting what is required, but is exceeding it. The officers are able to purchase up to a Class III vest, which is higher than the Class IIA that is required by the contract. The Chief stated that before this year, a specific vest from one vendor, American Body Armor was standard. He noted that Captain Moser did extensive research on the different classifications and styles of body armor. A vest that was comparable to the one from the previous vendor was selected; the cost of that vest is $550. Whether or not the vest is comfortable is subjective. Captain Moser stated that the officers were allowed to bring in other vendors. Chief Geiszler noted that the officers could purchase a vest of their choice as long as it meets the standards. The officer will be reimbursed up to $550 and can also apply all or part of the $250 uniform allowance to the purchase. The Chief did confirm that when grant money is received, the money budgeted for vests that is not used is returned to the City. He stated that the receipt of grant money for the vests is never guaranteed. Mr. Hendrickson stated the Association does not agree that the new vest is comparable. Comfort level is a factor when an officer is wearing the vest for the entire day. Mr. Hendrickson showed the Finance Committee members the previous vest and the new one. The hearing was concluded. CLOSED SESSION Ald. Snead moved to convene into closed session pursuant to Wis. Stats. §19.85(1)(a) Deliberating concerning a case which was the subject of any judicial or quasi-judicial trial or hearing before that governmental body, more specifically to discuss Grievance No. 10-539 filed by Muskego Police Association Local #360 regarding Protective Body Armor. Ald. Fiedler seconded. Motion carried 3 in favor. OPEN SESSION Ald. Fiedler moved to reconvene in open session. Ald. Snead seconded. Motion carried 3 in favor. NEW BUSINESS Consider Grievance No. 10-539 filed by Muskego Police Association Ald. Fiedler moved to deny the grievance. Ald. Snead seconded. Ald. Fiedler stated his reasons for the denial. He believes the City is not violating the language in Article 11, Section 6. There is no dollar amount in the contract for protective body armor. The City is exceeding the contract requirements by providing a class of vest that is higher than what is called for. While the City has selected a vest, it is allowing officers to select a different vest. If the officers and the union want a specific dollar amount in the contract, that should be negotiated. Ald. Werner agreed and also encouraged the union to put specific language in the next contract. He suggested the officers work the issue out with Chief Geiszler. Motion carried. Finance Committee Meeting Page 4 October 26, 2010 VOUCHER APPROVAL Ald. Snead moved to recommend approval of Utility Vouchers in the amount $306,678.58. Ald. Fiedler seconded; motion carried. Ald. Snead moved to recommend approval of General Vouchers in the amount $305,130.52. Ald. Fiedler seconded; motion carried. Ald. Snead moved to recommend approval of Wire Transfers for Debt Service in the amount $194,936.74. Ald. Fiedler seconded; motion carried. FINANCE DIRECTOR’S REPORT Ms. Mueller stated that the cost for the IS Data Center will exceed what was budgeted because of the flooding. However, the total amount budgeted for capital projects will not be exceeded as several projects came in less. ADJOURNMENT Ald. Snead moved to adjourn the meeting at 6:57 p.m. Ald. Fiedler seconded; motion carried. Minutes taken and transcribed by Jill Blenski.