Resolution: withdraw RFP-8300 regarding firefighter hiring

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Don Zimmerman
Posts: 168
Joined: Fri Jan 09, 2015 11:05 am

Resolution: withdraw RFP-8300 regarding firefighter hiring

Post by Don Zimmerman »

Mayor & City Council members:

I submit this resolution for your consideration, with background declarations for why we should stop the current RFP-8300 regarding fire fighter hiring processes and re-engage AFA in the process after our deep dive policy discussions.

Regards,
Don Zimmerman



CITY OF AUSTIN, TEXAS
CITY COUNCIL
RESOLUTION NO. ----


WHEREAS, the City of Austin is governed by the Fire Fighter and Police Officer Civil Service Act (the “FPCSA”)—Texas Local Gov’t Code Chapter 143, and the Fire and Police Employee Relations Act (the “FPERA”)—Texas Local Gov’t Code Chapter 174—for its fire department, the City’s voters having previously adopted these statutes in a local referendum election held for that purpose;

WHEREAS, since 1997 the City of Austin and the Austin Fire Department have successfully protected and served our citizens while maintaining a professional and mutually beneficial relationship with the designated bargaining agent, the Austin Firefighters Association Local 975 (“AFA Local 975”);

WHEREAS, over the last 6 years and 4 negotiating cycles, AFA Local 975 and the City of Austin have only achieved one mutually beneficial collective bargaining agreement, with the last 2 years and 2 negotiating cycles having no bargaining agreements achieved;

WHEREAS, the repeated failure to achieve a mutually beneficial collective bargaining agreement threatens the future of mutual benefits afforded each entity in relations to all subjects of bargaining including mandatory and permissive subjects;

WHEREAS, the lack of a mutually beneficial collective bargaining agreement has resulted in a loss of 2.5 % in merit pay increases over the past two years while all other city employees have seen raises during this same time period, and the firefighters of AFA Local 975 have responsibly and voluntarily increased their employee pension contributions 2%;

WHEREAS, AFA Local 975 remains committed to maintaining the highest standards of professionalism within the department;

WHEREAS, AFA Local 975 desires to address issues related to pay, benefits, bargaining standards, hiring and maintaining the highest possible morale among the rank and file of the Austin Fire Department via the FPERA as granted by referendum vote of the citizens of Austin in 2004;

WHEREAS, the U.S. Department of Justice (the “DOJ”) in 2014 filed suit against the City in the United States District Court for the Western District of Texas, styled United States of America v. The City of Austin, Texas, Civil Action No. 1:14-CV-533-LY, alleging that recent Austin Fire Department/City of Austin cadet hiring process decisions resulted in unlawful disparate impact on African American and Hispanic fire fighter applicants;

WHEREAS, the Findings of Fact and Conclusions of Law entered by the Court in support of the Consent Decree nonetheless specifically held that “the [Consent] Decree in this case does not invalidate any portion of the state Civil Service Act,” thus leaving in place the FPCSA provisions mandating that the City continue to base entry-level hiring decisions almost entirely on a written cognitive examination;

WHEREAS, the FPERA, Texas Local Gov’t Code § 174.006, specifically authorizes the City and AFA Local 975, through collective bargaining, to alter civil service hiring requirements that otherwise bind the City, and that may not otherwise be repealed or modified by judicial action;
WHEREAS, the Consent Decree does not prohibit use of entry-level hiring dictated by a collectively bargained process; and

WHEREAS, under the FPCSA and the Consent Decree, the City presently has no effective alternative to allow it to design an appropriate hiring process for the purpose of complying with the Court’s injunction against using hiring procedures that result in unlawful disparate impact;

NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN:

The Council directs the City Manager to:
1. Immediately refrain from taking any further steps to unilaterally develop a hiring process for entry level positions in the City of Austin’s Fire Department for the current fiscal year and thereafter, including a withdrawal of Request For Proposal (RFP ) #8300-EAD0117REBID; and
2. Direct appropriate budget staff to prepare the FY 2015/16 budget with past-lost merit increases in anticipation of successful future bargaining sessions. Also direct Fire Department staff to NOT spend the current fiscal year budgeted 1% salary increase on any items other than for its intended purpose of a general wage increase; and
3. Meet with authorized representatives of AFA Local 975 as soon as practicable to collectively bargain for both mandatory and permissive subjects of bargaining, including a hiring process that will meet the City’s obligations under the Consent Decree.
Any such collectively bargained hiring procedure will be subject to the City’s obligations, under the Consent , obtain DOJ review and approval of any hiring process developed through the collective bargaining process.

ADOPTED: , 2015. ATTEST:
Jannette S. Goodall
City Clerk
Don Zimmerman
Council Member District 6 (northwest Austin)
Ann Kitchen
Posts: 294
Joined: Fri Jan 09, 2015 4:04 pm

Re: Resolution: withdraw RFP-8300 regarding firefighter hiri

Post by Ann Kitchen »

Councilmember Zimmerman

Thank you for posting for our review. I will review and respond with any questions.

Ann Kitchen
Councilmember District 5
Ann Kitchen
Council Member District 5
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