07-17-2002 VC SP-MMINUTES OF THE SPECIAL SESSION
• OF THE VILLAGE COUNCIL
OF NORTH PALM BEACH, FLORIDA
HELD WEDNESDAY, JULY 17, 2002
]'resent: Dr. Edward M. Eissey, Mayor
Donald G. Noel, Vice Mayor
Charles R. O'Meilia, Councilman
David B. Norris, Councilman
Dennis W. Kelly, Village Manager
Kathleen F. Kelly, CMC, Village Clerk
Absent: Joseph A. Tringali, President Pro Tem
George Baldwin, Village Attorney
ROLL CALL:
Mayor Eissey called the Special meeting to order at 6:21 p.m. All members of Council were
present except President Pro Tem Tringali, who was absent due to illness. All members of staff
were present except Village Attorney George Baldwin-
PURPOSE OF THE SPECIAL SESSION
"I he purpose of the Special Session was to accept or reject recommendations of the Special
Master and to resolve all disputed impasse issues concerning the International Association of
Firefighters (]AFF) Collective Bargaining Agreement.
During discussion, James Cherof, Labor Counsel for the Village Manager, stated that the
contract period would be from the date of ratification through the end of the Fiscal Year. He
further staled that under the Statute, if impasse was resolved but neither party signed and ratified
it, then the contract would be subject to being imposed by the Council for the first fiscal year that
the contract was negotiated, which would be 1998-99 Fiscal Year. So in either case, he added,
not much is accomplished and the Council would be back to bargaining a new contract.
It was clarified that the disciplinary appeals refers to two categories of discipline; anything more
severe than a 24-hour suspension without pay or anything less than 24 hours. The contract
covers all ranges of discipline, but are broken into those two categories.
Matthew J. Mierzwa, Jr., Labor Counsel for the Professional Firefighters/Paramedics of Palm
Beach County, Local 2928 (IAFF), responded with his own interpretation of the Statute. He
staled that what the Council, as the legislative body, resolves to do in this matter is combined
with what has already been agreed to and all are required to sign it. Then it is submitted for
ratification. If ratified by both parties, it is a contract. If not ratified by the Union, then the
portion that is resolved now by the Council is effective for the remainder of the first fiscal year
• subject to negotiations, which is 1998-99. Mr. Mierzwa further explained that the effective date
Minutes of Special Session
I Icld Wednesday, July 17, 2002
• can be whatever date the Council desires, including a retroactive date. Once the Council makes
its decision, if it is not ratified, the date of the Council's decision will be the effective date.
It was clarified that the only issues before the Council at this time are the disciplinary issue and
the issue of longevity pay. The effective date or the duration of the contract is not an issue that
has gone through the process. The duration of the contract is not the same issue as the effective
date of the longevity pay, since the Council can put whatever date they desire for the payment of
longevity, if they decide to approve it. Mr. Mierzwa said that he and the union considers the
contract year being negotiated at this time is 1998-99.
Councilman Norris moved that no vote be taken until President Pro Tem Tringali has had the
opportunity to review the tapes, after which the impasse issue will be voted on at the next
available agenda. Vice Mayor Noel seconded the motion, and all present voted aye.
AI).IOURNMGNT
With no further business to come before the Council, the meeting adjourned at 6:47 p.m.
l
athleen P. Kelly, CMC
Village Clerk
•
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