Santa Clara County Grand Jury
• 2009-2010
2009-2010 Santa Clara County Civil Grand Jury Report Cities Must Rein in Unsustainable Employee Costs Issue Employee
⚠️ Translation Notice: This content has been automatically translated. The original English text is the official version. Translation may contain errors.
⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
Note: Missing finding numbers detected: F18
Findings and Recommendations 27 findings
F1
The costs of total compensation for employees have grown substantially in the past decade and now threaten the cities’ fiscal stability.
Related Recommendations (1)
R1
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. 19
F2
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.
Related Recommendations (1)
R2
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.
F3
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.
Related Recommendations (1)
R3
Cities should negotiate step progressions from the current three and a half years to seven years. Employees should not receive COLA increases while in step progression.
F4
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.
Related Recommendations (1)
R4
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. B. Establish reasonable co-pays for doctors’ visits, prescription drugs, and in- patient and out-patient hospital care. C. Prohibit an employee from being covered by both city-provided medical benefits and as a dependent of another city employee. D. Reduce cash-in-lieu payments. E. Introduce a new lower premium, high-deductible medical plan. 20
F5
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 expense the cities are facing. The city contribution to pension plans and OPEBs far exceeds the employee contribution.
Related Recommendations (4)
R5
How many FTE were in the Police department in 2000/01.? _______ Now ________
R5a
Cities should: 1) Renegotiate and make provisions for increasing the employees’ contribution for current pension plans. 2) Renegotiate to stop paying the employees’ contribution amount to pension plans. 3) Renegotiate to implement a contribution amount for employees to OPEB; this contribution should provide for a reasonable split of costs between a city and the employee for retiree medical and dental benefits.
R5b
Cities should thoroughly investigate reverting to prior pension formulas that were less costly.
R5c
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 pensions on the last three to five years of salary. 4) Replace current post-employment health care plans with health savings plans.
F6
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. 21
Related Recommendations (3)
R6
How many FTE were in the Fire department in 2000/01? ________ Now ________
R6a
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.
R6b
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.
F7
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.
Related Recommendations (3)
R7
What was your Total Revenue in fiscal year 2000/01 __________
R7a
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
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.
F8
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. 22
Related Recommendations (3)
R8
What is your Total Budgeted Revenue for 2009/10? __________
R8a
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 contracts with measurable objectives, performance goals, and timelines.
R8b
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.
F9
Cities can gain operational 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.
Related Recommendations (1)
R9
Cities should analyze the functions performed by all job 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.
F10
The San Jose City Auditor identified 88 positions currently being performed by public safety employees that can be performed by civilian employees at lower costs. The safety employees could be moved to positions that require their expertise and training. The auditor estimated this could be accomplished in less than 90 days and save approximately $5 million annually.
Related Recommendations (1)
R10
San Jose should negotiate this suggested transfer with the San Jose Police Officers’ Association and set realistic timeframes to move these safety positions to civilian positions. 23
F11
In many cities, the contract negotiation 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.
Related Recommendations (1)
R11
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.
F12
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.
Related Recommendations (5)
R12
What is the non-safety Retirement cost for 2009/10? ______________ What is the Police/Fire Retirement cost for 2009/10? ______________
R12a
City council members and mayors should become better informed about the fiscal realities in their cities, long-term costs and commitments, and be cognizant of potential issues in labor agreements.
R12b
City councils and mayors should direct city administrators to (re)negotiate collective bargaining agreements that reverse the escalation of employee costs through concessions, cost sharing, and a second tier for new employees.
R12c
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.
R12d
City councils and mayors should inform citizens of their plans for controlling unsustainable employee costs and remove politics from the equation. 24
F13
Binding arbitration is not open to the public and results in an adversarial process between the city and employee groups. Binding arbitration limits the ability of city leaders to craft solutions that work for the city’s budget. The process has resulted in wage and benefit decisions that have been greater than the growth in basic revenue sources.
Related Recommendations (3)
R13
How much did the City pay for Health/Dental Benefits in 2000/01? _________
R13a
San Jose City Council should make binding arbitration open to the public.
R13b
San Jose City Council should prepare a ballot measure asking voters to repeal Section 1111 of the City Charter that addresses binding arbitration.
F14
What is the 2009/10 City cost for Health/Dental Benefits? _____________
Related Recommendations (1)
R14
What is the 2009/10 City cost for Health/Dental Benefits? _____________
F15
What was the average monthly premium the City paid for employee Health/Dental Care in 2000? Individual ____________ Family ___________
Related Recommendations (1)
R15
What was the average monthly premium the City paid for employee Health/Dental Care in 2000? Individual ____________ Family ___________
F16
What are the current average premiums for Health/Dental Care? Individual ___________ Family ___________
Related Recommendations (1)
R16
What are the current average premiums for Health/Dental Care? Individual ___________ Family ___________
F17
What was the median salary for non-safety employees without benefits in 2000? _________ With benefits _______ 18. 2009/2010 median salary without benefits __________ With benefits ____________
Related Recommendations (1)
R17
What was the median salary for non-safety employees without benefits in 2000? _________ With benefits _______
F19
What was the median salary for police employees without benefits in 2000/01? __________ With benefits __________
Related Recommendations (1)
R19
What was the median salary for police employees without benefits in 2000/01? __________ With benefits __________
F20
Current median salary without benefits __________ With benefits ____________
Related Recommendations (1)
R20
Current median salary without benefits __________ With benefits ____________
F21
What was the median salary for fire employees without benefits in 2000? _________ With benefits _______
Related Recommendations (1)
R21
What was the median salary for fire employees without benefits in 2000? _________ With benefits _______
F22
Current median salary without benefits __________ With benefits ____________ 28 Appendix C - continued City Information – continued
Related Recommendations (1)
R22
Current median salary without benefits __________ With benefits ____________ 28
F23
What is the average number of years for your non-safety employees? ________ What is the average number of years for police? _________ What is the average number of years for fire employees? __________
Related Recommendations (1)
R23
What is the average number of years for your non-safety employees? ________ What is the average number of years for police? _________ What is the average number of years for fire employees? __________
F24
How many vacation days, floating days, holidays, personnel leave days and sick days are employees entitled to annually?
Related Recommendations (1)
R24
How many vacation days, floating days, holidays, personnel leave days and sick days are employees entitled to annually?
F25
What are the vacation and sick leave accrual and buy out policies?
Related Recommendations (1)
R25
What are the vacation and sick leave accrual and buy out policies?
F26
Did you impose any furlough days this year? Y N If yes, which work groups? How many people are affected? How often?
Related Recommendations (1)
R26
Did you impose any furlough days this year? Y N If yes, which work groups? How many people are affected? How often?
F27
Prior to entering into each of your current agreements with organized labor, did your city Council, as part of regular business, encourage public comment in regard to the salaries or benefits being negotiated? Y N
Related Recommendations (1)
R27
Prior to entering into each of your current agreements with organized labor, did your city Council, as part of regular business, encourage public comment in regard to the salaries or benefits being negotiated? Y N
F28
Are the MOU’s resulting from contract negotiations typically on the consent calendar when coming to the City Council for approval? Y N 29 Appendix D Santa Clara County/Cities Managers’ Association Policy Statement on Retirement Benefits 30 Appendix D - continued 31 APPENDIX D - continued 32 This report was PASSED and ADOPTED with a concurrence of at least 12 grand jurors on this 13th day of May, 2010. Angie M. Cardoza Foreperson Judy B. Shaw Foreperson pro tem Mary Nassau Secretary 33
Related Recommendations (1)
R28
Are the MOU’s resulting from contract negotiations typically on the consent calendar when coming to the City Council for approval? Y N 29
Additional Recommendations 1
These recommendations are not explicitly linked to specific findings.
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R182009/2010 median salary without benefits __________ With benefits ____________
Conclusions 40
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CL1 Page 19The costs of total compensation for employees have grown substantially in the past decade and now threaten the cities’ fiscal stability.
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CL2 Page 20Salary 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.
-
CL3 Page 20Step 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.
-
CL4 Page 20Medical 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.
-
CL5 Page 21Pension 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 expense the cities are facing. The city contribution to pension plans and OPEBs far exceeds the employee contribution.
-
CL6 Page 22Cities 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.
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CL7 Page 23Cities can gain operational 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.
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CL8 Page 23The San Jose City Auditor identified 88 positions currently being performed by public safety employees that can be performed by civilian employees at lower costs. The safety employees could be moved to positions that require their expertise and training. The auditor estimated this could be accomplished in less than 90 days and save approximately $5 million annually.
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CL9 Page 24In many cities, the contract negotiation 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.
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CL10 Page 24Current 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.
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CL11 Page 25Binding arbitration is not open to the public and results in an adversarial process between the city and employee groups. Binding arbitration limits the ability of city leaders to craft solutions that work for the city’s budget. The process has resulted in wage and benefit decisions that have been greater than the growth in basic revenue sources.
-
CL12 Page 21Public 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. 21
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CL13 Page 22All 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. 22
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CL14 Page 28What is the population of your city based on the 2000 census? _________
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CL15 Page 28What is the estimated current population? ___________
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CL16 Page 28How many total FTE’s (Full Time Equivalents) did your city have in 2000/01? _________
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CL17 Page 28How many total FTE’s does your city have now (2009/10)? _________
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CL18 Page 28How many FTE were in the Police department in 2000/01.? _______ Now ________
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CL19 Page 28How many FTE were in the Fire department in 2000/01? ________ Now ________
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CL20 Page 28What was your Total Revenue in fiscal year 2000/01 __________
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CL21 Page 28What is your Total Budgeted Revenue for 2009/10? __________
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CL22 Page 28What per cent of the General Fund were employee costs with benefits in 2000/01? ________
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CL23 Page 28What per cent are employee costs of the 2009/10 budget? ________ Employee costs include payroll, retirement benefits, health/dental benefits and other benefits.
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CL24 Page 28How much did the city contribute to non-safety Retirements benefits in 2000/01? ________ How much did the city contribute to Police/Fire in 2000/01? ________
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CL25 Page 28What is the non-safety Retirement cost for 2009/10? ______________ What is the Police/Fire Retirement cost for 2009/10? ______________
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CL26 Page 28How much did the City pay for Health/Dental Benefits in 2000/01? _________
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CL27 Page 28What is the 2009/10 City cost for Health/Dental Benefits? _____________
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CL28 Page 28What was the average monthly premium the City paid for employee Health/Dental Care in 2000? Individual ____________ Family ___________
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CL29 Page 28What are the current average premiums for Health/Dental Care? Individual ___________ Family ___________
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CL30 Page 28What was the median salary for non-safety employees without benefits in 2000? _________ With benefits _______ 18. 2009/2010 median salary without benefits __________ With benefits ____________
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CL31 Page 28What was the median salary for police employees without benefits in 2000/01? __________ With benefits __________
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CL32 Page 28Current median salary without benefits __________ With benefits ____________
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CL33 Page 28What was the median salary for fire employees without benefits in 2000? _________ With benefits _______
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CL34 Page 28Current median salary without benefits __________ With benefits ____________ 28 Appendix C - continued City Information – continued
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CL35 Page 29What is the average number of years for your non-safety employees? ________ What is the average number of years for police? _________ What is the average number of years for fire employees? __________
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CL36 Page 29How many vacation days, floating days, holidays, personnel leave days and sick days are employees entitled to annually?
-
CL37 Page 29What are the vacation and sick leave accrual and buy out policies?
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CL38 Page 29Did you impose any furlough days this year? Y N If yes, which work groups? How many people are affected? How often?
-
CL39 Page 29Prior to entering into each of your current agreements with organized labor, did your city Council, as part of regular business, encourage public comment in regard to the salaries or benefits being negotiated? Y N
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CL40 Page 29Are the MOU’s resulting from contract negotiations typically on the consent calendar when coming to the City Council for approval? Y N 29 Appendix D Santa Clara County/Cities Managers’ Association Policy Statement on Retirement Benefits 30 Appendix D - continued 31 APPENDIX D - continued 32 This report was PASSED and ADOPTED with a concurrence of at least 12 grand jurors on this 13th day of May, 2010. Angie M. Cardoza Foreperson Judy B. Shaw Foreperson pro tem Mary Nassau Secretary 33
No Responses Found 1
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San Jose
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