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Subject
Approval of the Recommendations of "Meet and Confer" Process with the Fraternal Order of Police (FOP) Lodge 117
Recommendation
Ratify the agreement between the City and the FOP signed April 16, 2009 which contains the following four elements:
- Expand the Personal Patrol Vehicle (PPV) Program County-Wide
The City would conduct a one-year trial expansion of the PPV program Montgomery County-wide for personal use. Within two months of the completion of this one-year approval of this use of the Personal Patrol Vehicle (PPV) program county-wide, the City will complete an analysis of the trial program, including compilation of associated costs and potential benefits, including review of all documented off-duty response to calls-for-service, and adherence to all applicable mutual responsibilities associated with the Personal Patrol Vehicle (PPV) program. This analysis will be shared with the meet and confer representatives as part of the continuing dialogue on program viability.
- Continuation of the One-Vehicle per Officer Assignment Program
The City would agree to continue to expand the One-Vehicle per Officer program as funding and availability of vehicles allow.
- Joint Disability Retirement Advisory Committee
It is recommended that a joint disability retirement advisory committee be created to review and study the disability retirement calculation and other program eligibility requirements. This Committee shall meet a reasonable number of times throughout fiscal year 2010. The committee will expire on July 1, 2010. The Advisory Committee shall consist of eight (8) members; four (4) members appointed by the City Manager and four (4) members appointed by the Fraternal Order of Police Lodge 117.
- Joint Drug-Free Workplace Committee
It is recommended that joint drug-free workplace committee be created to review and study the efficacy of a random drug and alcohol-testing program for police officers. This Committee shall meet a reasonable number of times throughout fiscal year 2010. The committee will expire on July 1, 2010. The drug-free workplace committee shall consist of eight (8) members; four (4) members appointed by the City Manager and up to 4 members appointed by the Fraternal Order of Police Lodge 117.
Change in Law or Policy
The expanded one-year pilot Personal Patrol Vehicle program would require a change to the current "limited provisions" in the Police Department's General Order 4-39.
Discussion
On an annual basis the City participates in a "Meet and Confer" process with the Fraternal Order of Police (FOP), Lodge 117. Meet and confer is a relationship designed to discuss operations and procedures, pay and benefits. This relationship provides the City and the FOP with the means by which they may address any concerns or issues. Lodge 117 is the exclusive representative of officers at the rank of sergeant and below.
Resolution Number 31-67 requires the City Manager to bargain and negotiate with the employee organization’s representatives in good faith. Personnel Policy and Procedure (PPP) Manual 50-10 designates the Director of Human Resources as the position responsible for representing the City on any and all issues relative to actions affecting employees. This includes employees represented by the FOP. The scope of bargaining relates to employment conditions, benefits and management-employee relations, including, but not limited to, wages, hours, and other terms and conditions of employment. Furthermore, when the parties reach agreement they shall prepare a written memorandum of such agreement and submit it to the Mayor and Council for its ratification or rejection.
This year, the FOP was interested in pursuing with the City an expansion of the current Personal Patrol Vehicle (PPV) program, the continuation of the One-Vehicle per Officer Assignment program, and a joint disability retirement advisory committee. The City was interested in pursuing the development of a policy and procedure for random drug and alcohol testing of police officers.
The expansion of the Personal Patrol Vehicle (PPV) Program is a one-year pilot or trial program that permits officers to use a City police vehicle for personal use throughout Montgomery County. Currently, police officers have full use of their vehicles in districts 1 and 6 with “limited use” in other areas of the county (i.e., medical appointments, day care reasons, and physical wellness). Under the current and proposed pilot program, officers must reside within Montgomery County, Maryland to be eligible to participate in the PPV program. The goal of a PPV program is to provide the highest level of police service to the community by providing greater police presence on the streets and in the neighborhoods of our community and enhancing the responsiveness of both on-duty and off-duty officers to calls for service.
The One-Vehicle per Officer Assignment program being recommended for continuation was started years ago. The police department believes this is a positive step towards the long-term preservation of Rockville's police vehicles. It is believed that if a vehicle is assigned to one officer rather than being part of a fleet, the vehicle has a longer life expectancy because the vehicle is better maintained. This is also more convenient for the officer who typically views their vehicle as their office and feels as though having to move assigned equipment from one vehicle to another is a significant chore.
A third interest of the FOP is to form a joint committee with the City in order to discuss in greater detail the City’s disability retirement benefit. The committee is a nonbinding method for the parties to explore their interests in the disability retirement area. This joint committee will be empowered to explore various opportunities in this area for one year.
Finally, the FOP has agreed with the City’s request to form a joint committee designed to review and study the efficacy of random drug and alcohol testing for police officers. The City believes that having officers randomly tested will instill even greater confidence in our officers by our residents.
Mayor and Council History
The results of the annual meet and confer process are shared with the Mayor and Council when action is needed. The results of this year's process were discussed with the Mayor and Council at an Executive Session on June 15, 2009. At close of the Executive Session, the Mayor and Council directed staff to bring back the ratification of the approval of the recommendations at the open session on June 22, 2009.
Next Steps
If the agreement is ratified by the Mayor and Council, the City will proceed to notify the FOP and implement the provisions agreed on April 16, 2009. Specifically, the City Manager and FOP will appoint the appropriate members to the respective advisory committees. The committees are expected to meet several times during FY 2010 and provide recommendations, if any, to the City Manager. The one-year expanded PPV program will begin on July 1, 2009.
Attachments
Memorandum regarding FOP recommendations 
Department Head:
Carlos Vargas, Director of Human Resources
Approved on: 06/16/2009
City Manager:
Scott Ullery, City Manager
Approved on: 06/16/2009
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