Pattye Benson

Community Matters

Month – January 2013

Tredyffrin Pays $83K for Police Contract Arbitration, or … was it really $133K?

The Board of Supervisors and the School Board have their first meetings of the New Year this week. As is often the case, Tredyffrin’s Board of Supervisors meeting conflicts with the TESD Board meeting. Scheduled for Monday night is both the Board of Supervisor’s organizational and regular meeting at the township building and the T/E School Board will hold a special school board meeting to consider the 2013-14 budget at the T/E Administration Building. Unfortunately, both meetings are at the same time – 7:30 PM.

The Board of Supervisor’s organizational meeting includes the adoption of the meeting schedule for the various township boards and commissions, naming of emergency service providers, adoption of township fee schedule, legal and accounting reviews, etc.

One of the interesting aspects of the organizational meeting each year is the naming of the Chair and Vice Chair of the Board of Supervisors. The seven Board members nominate and vote on these positions. Historically, these positions go to the longest-serving members on the Board. However, in 2012, that tradition shifted with the naming of Michelle Kichline as Chair. Kichline had only served 2 years as supervisor and neither as a Vice Chair, but received the unanimous support of her fellow board members for the chair position. Having served longer than Kichline, many had expected John DiBuonaventuro to receive the 2012 nod for Chair but instead he served as Vice Chair. The Board of Supervisors saw their share of controversy in 2012, so it will be curious to see if Michelle receives another vote of confidence to continue as Chair and JD to continue as Vice Chair.

After the ceremonious organizational meeting, there is a regular supervisors meeting, including a Public Hearing to “consider and enact an ordinance of the Township of Tredyffrin, Chester County, and the Commonwealth of Pennsylvania, fixing rates of taxation for the year 2013.” We learned at the last BOS meeting in December that the township tax increase is set at 3.1%, down from the 5.5% originally forecast.

Since the December 17th supervisors meeting, we have learned of the Act 111 Arbitration Award issued for the collective bargaining agreement between the township and the police union. Much has been written about the agreement on Community Matters with many comments. If you are interested in details of the 4-year contract (2012-15), I would suggest you review posts from late December. Once the arbitration award was announced, I submitted a right-to-know request for a complete accounting of the arbitration related expenses paid by the township. It should be noted that this is the second police contract in a row that has gone directly to arbitration by the township. In both instances, the impartial arbitrator came down on the side of the police union in regards to the post-retirement benefits. We know that retirement benefits , including pensions and healthcare, were major contributors to the long-standing debate between the two sides.

According to township manager Bill Martin, the arbitration costs to the township (taxpayers) re the police contract is as follows – Michael Zobrak, impartial arbitrator $14,136.46 and township arbitrators John McLaughlin, Patrick Harvey, Brian Pinheiro, etc. billed 273 hours for $69,337.50. If my math is correct, the taxpayers paid $83,473.96 for the arbitration of the police contract.

Below are the details that Bill Martin sent for the township arbitrator costs. John McLaughlin, Patrick Harvey and Brian Pinheiro are all partners in the Philadelphia law firm of Ballard Spahr. The law firm billed the township 273 hours for a total of $69,337.50 which equates to $254/hr on the average. On April 3, 2012 there are 100+ hours billed to the township under the name, ‘PFM’ — I am clueless as to what that means but I will contact the township manager for clarification.

I am struggling to understand these billable hours from Ballard Spahr. It was my understanding that there was little (if any?) movement from the township’s initial position going into the arbitration process. If that is the case, how is it that the total number of hours in 2012 (setting aside the hours from 2011) are so substantially higher than the total billable hours of Michael Zobrak, the impartial arbitrator.

Something else I should point out is that on my right-to-know request in which I asked for ‘costs to date’ was dated January 1, 2013 and Martin’s response was dated January 4th. If you look at the last billing date from Ballard Spahr (below) it was back on Oct. 18, over 2 months prior to the signing of the arbitration agreement on December 23, 2012. It stands to reason that there are additional billable hours yet to be received from Ballard Spahr for those 2+ months, including the review of the arbitration award before its release. I would maintain that the township has not seen the end of the costs — $83K may not be the entire costs.

TT Arbitrator Costs

I would suggest that we should also add the ICMA (International City/County Management Association) police department consulting fee of $49K to the total cost of the police contract negotiations. Much of ICMA’s report was boilerplate language and their specific, cost-savings suggestions would require collective bargaining changes. The way I see it, the township has already spent approximately $133K trying to lower police department expenses. Based on the arbitration award, we know that the police department retained most of their prior contract benefits.

What bearing is the Act 111 arbitration award going to have on the township’s 2013 budget? The supervisors and the finance director Tim Klarich did not have the benefit of a crystal ball in regards to the arbitration award when they calculated the 2013 budget. In addition, we still have the issue that there were 47 uniformed police in the 2012 township budget and the 2013 budget has the number reduced to 42. The 42 uniformed police officers is two more officers than are currently in the department. Now that the police contract is settled, will the supervisors OK the hiring of those two additional officers?

Community Matters 2013 … Fostering Constructive Conversations

“Hope
Smiles from the threshold of the year to come,
Whispering ‘it will be happier’…”

~ Alfred Tennyson

January 1 … Today is the first day of the New Year 2013. What I love most about the beginning of a new year is the hope that a new year offers. It marks a new beginning in our lives, but it is up to us to take advantage of this new beginning. I like the idea of ‘wiping the slate clean’ and starting the new year full of hope for an even better year ahead

Declaring our New Year’s resolutions makes us feel good, but we should make resolutions that lead us to change our behavior, not for a brief period, but for the entire year and for years to come. Over the last several months, I have received emails and telephone calls referencing some of the comments made on Community Matters. As a New Year’s resolution to myself, I am addressing the topic of civility on Community Matters.

Civility, at its best, is not about shutting people up, or forbidding passionate engagement. It’s about keeping in mind that everyone’s ‘voice’ matters, even the voices of those we disagree with. It’s about treating a debate not just as a disagreement, but also as a collaboration.

Looking at debate as collaboration as well as a disagreement can really change quality and tone of the discussion — isn’t this what we want? I think some of us make the mistake in believing that uncensored speech is the most free, which in fact, managed civil dialogue is actually the freer speech. Civility enhances free speech and commentary.

What kind of discussion do I want to have on this forum? The overall goal of Community Matters is to create a welcoming space where we can have lively discussions of public affairs, without the ad hominem attacks that discourage many thoughtful people from participating in blogs.

Spirited discussion is encouraged on Community Matters. Of the writings of French philosopher Voltaire, one of his most notable pronouncements was “I do not agree with what you have to say, but I’ll defend to the death your right to say it.” I am a firm supporter in our right to free speech but — when disagreeing with someone, be respectful of his or her opinions and avoid attacks of a personal nature. Attacks on policy decisions and ideas are just fine, but don’t go after the person. Any personal attacks toward another person may result in the deletion of the comment from Community Matters. Be honest in your comments and stay on topic of discussion.

Your voices do matters and my hope for 2013 is that we continue to foster constructive conversations on Community Matters.

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