Score: +2 (2/0/0)
Santa Clara County Grand Jury • 2009-2010 • Agency Response
Response to: Cupertino Union School District

Office of the Mayor City Hall

Published: August 31, 2010 16 pages
View Original PDF

Findings and Recommendations 12 findings

F1 Page 2
The cost of total compensation for employees has grown substantially in the past decade and now threatens the cities' fiscal stability. Response 1: The City of Cupertino (CITY) agrees with the finding.
Related Recommendations (1)
R1
Page 2
All of the cities in the County need to implement measures that will control employee costs. As a starting point, each city should determine the percentage of savings required from the total compensation package to reach budget stability, and provide choices of wages and benefits in collective bargaining sessions for the unions to choose to achieve that percentage goal. Response 1: The recommendation has been implemented. CITY historically and currently has a balanced budget and a strategic plan to control employee compensation to avoid budget instability. Over the past ten years, CITY has maintained services without layoffs.
F2 Page 2
Salary and wage increases do not reflect changes in economic conditions; e.g. even with minimal inflation, yearly COLAs are granted with little bearing on the actual increase in cost of living or market conditions. Response 2: CITY agrees with the finding. Cupertino analyzes market conditions and budget constraints, and negotiates with employees on pay increases if these are warranted. In FY2010-20 11, a minimal increase of .5% was negotiated although the yearly COLA was over 2%.
Related Recommendations (1)
R2
Page 2
Cities should not increase salaries and wages that are not supported by planned revenue increases. Cities should tie COLA increases to clear indicators and retain the ability to adjust or withhold based on current economic data. Response 2: The recommendation has been implemented. CITY has assessed expenses and revenues, and offers salary increases commensurate with strategic budget planning and economic indicators. 1 2
F3 Page 3
Step increases are arbitrary and do not adequately represent an employee's added value to a city. Combined with COLAs, new employees' wages increase quickly and are not necessarily reflective of improved knowledge and skills. Response 3: CITY agrees with the finding. CITY's step increases are performance based and tied to evaluations. Employee needs to progress in knowledge and skills.
Related Recommendations (1)
R3
Page 3
Cities should negotiate step progressions from the current three and half years to seven years. Employees should not receive COLA increases while in step progression. Response 3: The recommendation is not current industry practice, but will be taken under advisement. The subject of pay increases are considered during the collective bargaining process. The feasibility of these combined recommendations will be considered in future negotiations.
F4 Page 3
Medical insurance costs for active employees are growing year after year at rates that exceed most cities" revenue growth, while the employee contribution to medical care is minimal. Response 4: CITY agrees with the finding. Cupertino has a set dollar amount for the employer's contribution to health benefits and employees pay the annual increases each year. In some cases, this dollar amount has not been adjusted since 2002.
Related Recommendations (1)
R4
Page 3
Cities should negotiate that employees assume some of these increased costs for their medical benefits. To contain medical costs cities should consider the following: A. Split monthly premiums between the city and the employee and increase the employee's share, if already cost splitting, and remove any employee caps. Response 4A: The recommendation has been implemented. CITY cost is fixed. Employee pays annual increases. B. Establish reasonable co-pays for doctors' visits, prescription drugs, and in-patient and out-patient hospital care. 2 3 Response 4B: The recommendation has been implemented. CITY purchases medical plan coverage from CaIPERS, and CalPERS regulates through its purchasing agreements the co-pays and related costs for medical services. The CITY investigated alternative medical benefit providers through a regional joint powers agreement with a medical benefit broker and found that cost for coverage was more expensive and provided less medical benefits for the employees. C. Prohibit an employee from being covered by both city-provided medical benefits and as a dependent of another city employee. Response 4C: CITY agrees with the finding. Employee may not have dual coverage with another CalPERS agency, and CalPERS retirement law paragraph 22843 sets forth how family members are covered. D. Reduce cash-in-lieu payments. Response 4D: The recommendation was implemented in 2005 for all groups. E. Introduce a new lower premium, high-deductible medical plan. Response 4E: The recommendation has been implemented. CITY purchases medical plan coverage from CaIPERS, and CalPERS regulates through its purchasing agreements the co-pays and related costs for medical services. The CITY investigated alternative medical benefit providers through a regional joint powers agreement with a medical benefit broker and found that cost for coverage was more expensive and provided less medical benefits for the employees.
F5 Page 4
Pension formula changes instituted in the past decade, stock market losses, the aging "baby boomer" work force, and the growing unfunded pension and OPEB liability all contribute to making retiree pension and health care costs the most problematic and unsustainable expenses the cities are facing. The city contribution to pension plans and OPEBs far exceeds the employee contribution. Response 5: CITY agrees with finding. 3 4
Related Recommendations (2)
R5b
Page 5
Cities should thoroughly investigate reverting to prior pension formulas that were less costly. Response 5b: The recommendation was discussed this year during negotiations and will be addressed in 2012 negotiations.
R5c
Page 5
To provide a meaningful, long-term solution, the cities should negotiate agreements to: 1) Institute a two-tier system for pension and retiree health care for new hires. 2) Increase the retirement age from 50 or 55 to 60 or 65. 3) Calculate current post-employment health care plans with health savings plan. 4) Replace current post-employment health care plans with health savings plans. Response 5c: The recommendation will be addressed in 2012 negotiations, especially a tier system with increased retirement age. Consideration will be given to the feasibility of negotiating the health savings plans in the future. In addition, we strongly recommend that the Grand Jury encourage CalPERS to offer more retirement options using age 60, 62 or 65. 4 5
F6 Page 6
Public sector employees are granted a generous number of holidays, personal days, vacation days and sick leave annually. Rules and limits on accrual vary by city and union, but vacation days and sick leave can be accumulated and converted to cash or calculated into the pension benefit within those limits. Response 6: CITY agrees with the finding.
Related Recommendations (2)
R6a
Page 6
Cities should renegotiate with the bargaining units to: 1) Reduce vacation time. 2) Reduce the number of holidays and/or personal days. 3) Cap sick leave and eliminate the practice of converting accumulated sick leave to cash or adding into their years of service for inclusion in their retirement benefit. Response 6a: Recommendation has not been implemented. CITY will consider the feasibility of this recommendation for future negotiations. All contracts are currently settled.
R6b
Page 6
Cities should negotiate to substitute paid days off for unpaid days instead of imposing furloughs. For example, reduce paid holidays to major holidays only, consistent with private industry; and convert minor holidays to unpaid. Therefore, the public is not impacted by fewer services caused by furloughs, and the city saves the employee cost. Response 6b: Recommendation will not be implemented because it is not warranted. CITY has no furloughs. Public has not lost services.
F7 Page 6
Cities traditionally determine their compensation packages by surveying the wages and benefits of other public sector employees in the same geographic area. There is major resistance to comparing themselves or mirroring trends with the private sector. This has allowed wages and benefits to become artificially high and out of sync with market trends. Response 7: CITY agrees with the finding. 5 6
Related Recommendations (2)
R7a
Page 7
Cities should research competitive hiring practices and alter the approach to determine fair wages and benefits for each city by using public and private sector data.
R7b
Page 7
Cities should renegotiate salaries and wages using valid market comparisons and not only the current wage index. Cities should utilize more market-oriented compensation practices so that salaries can adjust as competition for labor changes. Cities should reduce entry-level compensation for positions for which there are many qualified applicants. Responses to 7a and 7b: Recommendation has not yet been implemented, but will be considered in preparation for future bargaining sessions. All contracts are currently settled.
F8 Page 7
All cities perform certain core functions to run smoothly and provide services to their residents. To reduce employee costs and streamline operations, the cities are in various stages of contracting services to private industry or partnering with other cities, special districts or the County to deliver services. Response 8: CITY agrees with the finding.
Related Recommendations (2)
R8a
Page 7
Cities should explore outsourcing some functions and services to private industry. Cities should discuss the prospect with cities that are successfully doing this to determine best practices and areas for success. Cities should develop contract with measurable objectives, performance goals, and timelines. Response 8a: Recommendation has been implemented. Cupertino is a contract city in the areas of library, Sheriff Services and refuse. Fire and sewer services are performed by a special district and we have leased our water utility to a private company.
R8b
Page 7
Cities should create partnerships with other cities, special districts and/or the County for services, such as payroll, human resources, animal control, police and fire. Cities should investigate sharing the cost of new information technology systems. 6 7 Response 8b: Recommendation has been implemented. Cupertino is a contract city in the areas of library, Sheriff Services and refuse. Fire and sewer services are performed by a special district and we have leased our water utility to a private company. In addition, we partner with other cities for animal control, disaster preparedness and training.
F9 Page 8
Cities can gain operation efficiencies and effectiveness with lower employee costs by making sure they are staffed with the correct numbers of people in the appropriate job classification in all departments and work groups. Response 9: CITY agrees with finding.
Related Recommendations (1)
R9
Page 8
Cities should analyze the functions performed by alljob classifications and make adjustments in the work force. Consolidate functions within the same group or a similar group. Reassign appropriate work to lower paid job classifications. Eliminate unnecessary functions. Response 9: Recommendation has been implemented. CITY's on-going practice is to analyze and consolidate positions as they become vacant. CITY also analyzes the cost of labor from outsourcing and from shared services with other agencies, thereby reducing payroll costs.
F10 Page 8
(Applies to San Jose)
No recommendations for this finding
F11 Page 8
In many cities, the contract negotiations process is completed by placing the negotiated collective bargaining agreements on the consent calendar for approval, which is acted on quickly at the start of council meetings by a single motion and vote of the council. Response 11: City agrees with the finding.
Related Recommendations (1)
R11
Page 8
Cities should consider holding well-publicized public hearings about the cities' goals of negotiations before negotiations begin, and again at the end of negotiations to report to citizens clearly what changes have been made in contracts. 7 8 Response 11: Recommendation has not yet been implemented, but will be considered in the future if so determined after further consideration by Council.
F12 Page 9
Current contracts were negotiated in good faith by representatives of the cities and the bargaining units; they were approved by the city councils. Promises made to employees were made by elected officials, past and present. Responsibility for formulating and approving solutions to restore the cities' financial stability resides squarely with our elected officials. The economic downturn has placed additional pressure on the situation. Response 12: City agrees with the finding.
Related Recommendations (4)
R12a
Page 9
City council members and mayors sh'ould become better informed about the fiscal realities of their cities, long-term costs and commitments, and be cognizant of potential issues in labor agreements. Response 12a: Recommendation has been implemented. City Council is well aware of the fiscal realities and long-term costs and commitments and understands the implications of labor agreements.
R12b
Page 9
City councils and mayors should direct city administrators to (re) negotiate collective bargaining agreements that reverse the escalation of employer costs through concessions, cost sharing, and a second tier for new employees. Response 12b: Recommendation has been implemented.
R12c
Page 9
City councils and mayors should meet with the bargaining units to clearly outline the cities' financial health and show how employee costs are impacting the budget. Response 12c: Recommendation will not be implemented because it is not warranted. Management representatives meet and conferred with Council prior to negotiations and stay within Council directives. The negotiation team clearly outlines the City's financial health at the beginning of negotiations to the Council and all bargaining groups. 8 9
R12d
Page 10
City councils and mayors should inform citizens of their plans for controlling unsustainable employee costs and remove politics from the equation. Response 12d: Recommendation has been implemented. This result has occurred during budget study sessions and Council meeting discussions.

Agency Responses 1

Government agencies' official responses to this report's findings and recommendations. Click on a response to see the structured breakdown.