After years of tense negotiations and frozen salaries, dozens of managers in Palo Alto's Utilities Department will receive 12 percent raises under a contract that the City Council approved Monday night.
The contract, which the council approved by a vote of 8-1, with Councilman Greg Tanaka dissenting, applies to the 48 members of the Utilities Management and Professional Association of Palo Alto (UMPAPA), a labor group that formed in 2009 and that includes all supervisory and management-level jobs in the Utilities Department. Since then, the employees in this group have been operating without a memorandum of understanding. The only salary adjustment they had received occurred in 2013, when the city unilaterally imposed new terms.
The agreement, which covers the period between Dec. 10 and June 30, 2019, represents a rare note of consensus in what has thus far been a fractious and litigious relationship between city management and the nascent labor group, which in 2009 broke apart from the larger non-unionized group of managers and professionals.
Since then, UMPAPA has won two court battles against the city. In 2011, a judge rejected the city's challenge and affirmed UMPAPA's right to exist apart from the larger management group. And earlier this year, an administrative law judge for the state Public Employment Relations Board chided the city for failing to negotiate in "good faith" with UMPAPA during contract talks that stretched back to 2011 and described as "outrageous" the city's failure to reach an agreement with the group despite seven years of negotiations.
The two sides had also squabbled over competing "benchmark" surveys, which purported to show how local salaries compare to the market level, and over the city's insistence to include an "at will" clause in the contract, which would allow the city to fire without cause new employees in eight management positions.
In preparing the new agreement, city staff had considered both the recently conducted market study and the compensation offered to other managers in City Hall. While the salaries of UMPAPA members have remained flat, employees in the unrepresented Management of Professional unit have received base wage increases of 2.5 percent per year.
A new report from Human Resources Department also cited the heavy turnover that the Utilities Department is currently experiencing, with a high number of vacancies and voluntary departures. The report also notes that key leadership positions within the Water, Gas, Wastewater, Engineering and Operations division have been hard to recruit and retain over the past three years.
"After nine years without a Memorandum of Agreement, this tentative agreement is intended to address the City's need to recruit top talent, incentivize progression within the Utility ranks for succession planning and set the framework for positive negotiations for future successor contracts," the report states.
In addition to offering employees a 12 percent raise, the agreement caps medical contributions, replacing the existing system in which the city covers 90 percent of medical costs and the employee covers the remaining 10 percent. The agreement also requires employees to contribute an additional 1 percent of their salaries toward pensions and creates a grievance process for contractual disputes, which would be referred to neutral outside arbitrators.
The contract is expected to raise the city's employment costs by about $1.14 million, with all the cost increases occurring in enterprise funds.
The council approved the agreement on its consent calendar, with no discussion or debate. Tanaka, the sole dissenter, cited the magnitude of the salary increase as the reason for his vote against the increase.
"I think there's probably better ways for doing this than we did. That's why I voted no," Tanaka said.
Comments
Registered user
Embarcadero Oaks/Leland
on Dec 10, 2018 at 9:56 pm
Registered user
on Dec 10, 2018 at 9:56 pm
Absurd when they're running a $20,000,000 surplus. How could there be no debate or discussion when we've already got a huge unfunded pension liability?
Good for Mr. Tanaka for trying to fight the good fight,
another community
on Dec 11, 2018 at 9:28 am
on Dec 11, 2018 at 9:28 am
Good to see the upper management get a well-deserved raise. Five years is a long time to wait as the cost of living has gone up considerably.
>Absurd when they're running a $20,000,000 surplus.
Nope. Just means that there's enough monetary resources in the coffers to accomodate and substiantiate a well-deserved increase in salary.
As far as unfunded pension liability is concerned, that's par for the course. On a far larger scale, look at Social Security...the country is not going to close-up shop or end entitlement programs just because they're a few trillion dollars in debt. They simply borrow or allocate the funds from other sources. That's how the government conducts its internal business. No different than for a city except on a far smaller scale.
Some people just don't get it.
Registered user
College Terrace
on Dec 11, 2018 at 12:04 pm
Registered user
on Dec 11, 2018 at 12:04 pm
Here's what I don't get: NINE years w/o a MOU? How does a can get kicked down the road for NINE years? Shouldn't something as fundamental as this become a priority before NINE years pass? Is this something that is in the City Manager's purview?
Perhaps the attorney for developers can shed some light on this? If the answer is that such delays are par for the course, it's time to raise expectations.
Palo Verde
on Dec 11, 2018 at 12:16 pm
on Dec 11, 2018 at 12:16 pm
^ Never underestimate "The Palo Alto Process".
another community
on Dec 11, 2018 at 1:39 pm
on Dec 11, 2018 at 1:39 pm
> Perhaps the attorney for developers can shed some light on this? If the answer is that such delays are par for the course, it's time to raise expectations.
A Memorandum of Understanding can sometimes be negated by a new administration based on fiscal constraints.
Personally speaking, the Palo Alto model is ideal from the standpoint that outgoing administrators can implement measures like raises prior to exiting their positions.
Our exiting City Manager showed a lot of character and integrity by declining a raise that was rightfully and dutifully his to accept. How many of you would do the same? Now be honest.
The best Christmas present ever. And thank you Palo Alto residents. Consider it your taxpayer dollars at work.
Registered user
Embarcadero Oaks/Leland
on Dec 11, 2018 at 2:16 pm
Registered user
on Dec 11, 2018 at 2:16 pm
Actually, one of our CC members wrote that Mr. Keene's declining the raise was attributed to all the taxpayers who contacted the CC objecting to it. In the same note, the CC member urged us to oppose the huge raise for the utility managers but he didn't send out his email early enough for us to write and protest.
The Mayor blamed an unnamed CC member for leaking the info about Mr. Keene's possible raise which was first mentioned on NextDoor but maybe if she paid more attention to public comments, she wouldn't be so shocked that people are outraged and/or that people think there's a traffic problem.
Adobe-Meadow
on Dec 11, 2018 at 2:40 pm
on Dec 11, 2018 at 2:40 pm
The salaries of these various city administrators should be based on fulfilling certain key objectives and by way of an annual performance review.
Instead of receiving anywhere from $250-$300K+ a year, most would probably only qualify for minimum wage at best along with a CALPers package reflective of that amount.
Instead, working for the City of Palo Alto has become a lucrative cash cow for accomplishing very little.
Kids...go to college and major in Public Administration. Then apply to the City Palo Alto. You don't need to become a doctor or a lawyer to reap the vast monetary rewards. Good retirement package too.
Old Palo Alto
on Dec 11, 2018 at 3:26 pm
on Dec 11, 2018 at 3:26 pm
Our utility managers were not being competitively paid making it hard to recruit and retain qualified professionals. The Utility Advisory Commission (of which I am Vice Chair) has long been concerned about this but does not have the statutory authority to act. Approval of raises must be done by the City Council.
Regarding the "surplus" that others have expressed concern about, it is common practice among municipal utilities that they contribute to their cities' general fund in lieu of taxes. There is nothing nefarious or corrupt about it. The money goes to parks, libraries, and other services that Palo Alto citizens enjoy. Web Link
Registered user
College Terrace
on Dec 11, 2018 at 6:01 pm
Registered user
on Dec 11, 2018 at 6:01 pm
@Judith Schwartz - thank you for your comment. Can you elaborate on why it took so long to reach agreement? Employees should be compensated fairly and that usually includes timely increases. If Palo Alto has a reputation for not negotiating in good faith, or stalling, or delaying a process for years, those things will contribute to recruiting difficulties every bit as much as pay that is not competitive. I am curious about the nine years.
Old Palo Alto
on Dec 12, 2018 at 10:32 am
on Dec 12, 2018 at 10:32 am
@Annette I've been on the UAC for almost 4 years and don't have visibility to salary negotiations or how the process worked so I can't really answer your question. I have observed on social media (including this thread) that there are resident voices who object to any raises for City employees, even if they are fair. I can imagine that City Council members would be sensitive to that sort of public opinion. I do know that we have a significant portion of our utility employees who will be retiring over the next few years and replacing them with good, experienced people is going to be challenging. We have linemen and other field personnel who are critical to responding to outages but can't afford to live anywhere close to Palo Alto. When there is an outage on a holiday weekend, it's tough to get crews here to be able to respond. That's why during a recent resilience workshop, one of the issues we identified was how to address housing concerns and whether there are creative solutions possible.
Registered user
Embarcadero Oaks/Leland
on Dec 12, 2018 at 11:08 am
Registered user
on Dec 12, 2018 at 11:08 am
Judith, ok, I understand the UAC doesn't have input into salary negotiations but do you have any say in the rate increases? I've had some great dealings with the people at the lower levels but even they can't explain why, say, my water bills fluctuate by $200 a month when we've made no changes in our usage and have spent a small fortune on plumbers, irrigation specialists, leak detectors, the county WaterWise folks, etc.
In short, what does the UAC do and how do rate-payers protect themselves from such huge unexpected bill fluctuations?
Registered user
College Terrace
on Dec 12, 2018 at 12:18 pm
Registered user
on Dec 12, 2018 at 12:18 pm
Judith Schwartz: thank you; I especially appreciate that you were up front about what you could not answer. This is just a guess, but I'll bet objections to increases are tied to a concern about over-sized salaries going to management level employees rather than to those workers who are out in the field. Our experience with the Palo Alto Utility Dept. workers who respond to problems has been excellent. For decades. And I have never heard anyone say or even hint of a different experience.
I remain curious about those nine years; that's a long time for a compensation issue to idle.