First, a little good news.
Our FOP email campaign, which sent over 10,000 individual, personalized email to legislators from FOP members (and supporters) can be considered a success. The proposed 1.93% increase in employee retirement contributions has been amended out of the Republican budget proposal. Also, we have more than 10,000 additional messages cued up to send - if necessary.
You may ask, "Exactly, what did the email campaign accomplish?" I have a very direct answer. The same day we started the campaign, members of the House approached leadership with a very direct observation. (1) The budget savings is very small. (2) Making the law enforcement community upset, isn't worth the small savings.
Another bit of good news involves our meetings with the DPS Director's Office and ADOT concerning wide-load escort secondary employment. As background, the transportation lobby proposed legislation intended to eliminate workman's compensation coverage for DPS officers working wide-load escorts.
Most DPS officers know that the FOP met with both DPS and ADOT to point out significant problems involving the current policy of wide-load escorts, which require that DPS officers be hired by private transportation companies at straight pay. We believe the straight time compensation is likely a violation of FLSA. We also agreed with the transportation lobby's position that there are problems with relying upon the workman's compensation policy numbers provided by transportation companies. Frankly, DPS officers providing wide load escorts are not "employees" of the transportation company.
In any event, we met with DPS and ADOT, explained our concerns, and asked that both agencies evaluate the situation and take the appropriate action. Recently, we have been informed, DPS and ADOT are negotiating with the transportation lobby to implement legislation intended to correct the situation. From what we have been told, a bill with satisfactory result is anticipated, including; time and one half for DPS officers working wide load escorts and continued coverage under DPS workman's compensation. If the bill is heard and enacted, DPS officers should benefit. Keep in mind, this is simply proposed legislation. DPS and ADOT will have to wade through many issues to reach an acceptable agreement likely to be passed by the legislature. We cannot give an in-depth analysis at this time.
The FOP has been commended by members of the legislature for our well reasoned and non-confrontational communication.
Our FOP due process bill, SB1062, passed out of the Senate Public Safety Committee today on a 6-0 vote. We will update you on this bill, and it's provisions, in the next few days.
Now... We need to let you know about the bad news.
Municipalities and the Counties - the majority's budget proposal includes a sweep of the vehicle license tax and development impact fees. If enacted, these sweeps will adversely impact a wide range of public safety employees. This unanticipated sweep of funds most likely will cause yet another round of budget cuts for city and county employees, including; more furloughs, more cuts to benefits, more layoff discussions, etc.
State Employees - the budget cut proposals are looking grim. It appears, Corrections and the AG's Office are facing the largest percentage of funding cuts. All agencies will be impacted, regardless of which proposal is enacted.
State Employees - Yesterday, the Senate Appropriations Committee approved SB1331, intended to cut salaries of all State employees who earn more than $100,000 by 5% - for one year. A quick count shows that, if enacted, more than 60 DPS employees will be impacted by this 5% cut, including about 35 Lieutenants. We haven't been able to evaluate the proposal against the salaries in Game and Fish, the AG's Office, MVD or Corrections.
Corrections - The Republican proposal cuts more than $600 million from Corrections and includes an ill-defined and unworkable process to privatize prisons. The Governor is stating that the cuts are too deep. It remains to be seen what the Governor will hold fast on when it comes to agreeing to a budget. It is our opinion, the privatization goal would not realize the projected savings, therefore, the budget proposal advanced by the majority, even if it were to be signed by the Governor, fails to balance the budget.
Dispatchers - The Republican majority's proposal to eliminate Dispatcher participation in CORP, if hired after October, 2009, is still included in the budget. Frankly, there is no budget savings to this proposal and we are urging it's elimination.
PSPRS Retirement - The Republican majority's proposal to eliminate all "third party" compensation from PSPRS retirement calculations is poorly conceived. While intended to prevent "off duty" employment from being counted towards PSPRS retirement benefit calculations, the "unintended consequences" may prevent counties from contracting out law enforcement services, impact grants that pay officer's salaries, etc.
There are many more issues under consideration at the legislature. We will update you as we struggle through the next two weeks - or more.
Jim Mann, Executive Director Fraternal Order of Police Arizona Labor Council |