HomeMy WebLinkAboutMinutes - City Council - 1966-08-08 185
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ADJOURNMENT � � j
There being no further business, at the hour of 12 : 20 A.M. , upon
the motion� of Councilman Fulton, seconded by Councilman Denny;
the meeting was adjourned. � '
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� APPROVEDz
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� Ma or �
ATTEST:
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i Clerk ' -
� City Council, Special Meeting
Police Dept. & Council Chambers Bldg.
Redding, California
August 8,� 1966 12:�15 P. M. �
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The meeting was called to order by Mayor Moty with the following
Councilmen present: Chatfield, Doherty; Fulton, and Moty.
Absent: Councilman Denny
Also present were Assistant City 1Vlanager Stewart and City Attorney
Mu rphy. , ,
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Mayor Moty read the items of business to be transacted at this meeting
which are as follows: �
1. Conside ration and approval of mate rial to-be submitted to vote rs
. re Resolution No. 3683
2. Council Labor Relations Committee•Report - �
3. Petition from Police Department �
PETITION AND PLEDGE - Redding Police Department
Mayor Moty read the Petition and �ledge signed by 11 members of the
' Redding Police Department which states that while the members of the
police department do not like the language in Resolution No. 3683 which
prohibits the police from joining any union except one composed entirely ,�.'��'�'
of peace officers, they have no desire to be the cause of a national boycott
of the City of Redding; the refo re, in o rde r to p reverit the p ropos ed national
boycott of Redding, they urge the Gouncil to negotiate with �the Five Counties
Labor Council and in order that they may not be a problem in such negotia-
tions they voluntarily pledge to the Council that they will not join any union
whatsoever except one composed entirely of peace offieers.
Pete Ochs, representative of the Teamsters Union, objected to the last
sentence in the petition and pledge wherein the police officers pledge that �
they will not join any union except one�com�posed entirely of peace officers.
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He feels that if conditions change in the next 4 to 5 years, the signing of
this petition is the death knell. It is Mr. Ochs' opinion that the petition
is more damaging than the language in the resolution. . .
Mr. Ochs said it is.his belief that the language in� Resolution No.. 3683. is
too restrictive and said he believes th� resolution should allow some con-
trol by Council but should be more flexible, In answer to Mayo�r Moty's
question as to whether he had some specific suggestions, he said perhaps
a committee including himself and the City Attorney could work out some
language, He indicated that if the language were changed or deleted, the
pledge cards the police had signed with the Teamsters Union could be
withdrawn and done away with. Mr. Ochs stated the police officers are
happy with conditions as they now stand and so is the union, and his union
is not trying to organize the police officers. The officers had come to
him and asked him to help them and he had tried to do a job for them.
City Attorney Murphy asked Mr, Ochs what his reaction would be if
the paragraph re police officers were amended to read that police offirers
are prohibited from joining any organization except one composed solely
of peace officers for a period of two years. After caucusing with Mr: Finn,
Mr. Ochs said they would prefer to eliminate that whole paragraph rather
than to add "for a period of two years"; that they don�t see the need for ,
the restriction at this time.
Councilman Doherty asked Mr. Ochs if he knew of any other unions that •'
could become interested in organizing police officers; what would happen
. in the event of some other union organizing the police department?
Mr, Ochs stated he didn't feel that the police are too interested in joining
a union; that the Teamsters are possibly the elosest to law enforcement
pe rs onnel and he didn't know of any othe r union really inte rested.
Councilman Fulton commented that he believes Council created a policy
resolution for a condition that doesn't exist and, although Council has no
way of knowing whether any other unions are interested, believes Council
should give them the benefit of the doubt. He suggested the entire paragraph
be deleted. He stated the police officers cannot join the State Highway
Patrolmen's organization or the City Employees' Association.
Councilman Doherty said he feels Council has failed to gain the confidence
of the police department or they wo�}ld not be seeking outside representation.
He said he wa,s hopeful that the police would go along with the resolution
for another year, and that then they would decide that Council would give
them the protection they need. Mr, Doherty said he feels the paragraph
should be included in the resolution; however, in the interest of peace
perhaps the paragraph should be eliminated.
Mayox Moty asked Mr. Finn whether Mr. Ochs' "more or less hands �
off" statment re organizing the police department would apply to Mr.
Finn''s union, Mr, Finn said he couldn't make any kind of pledge that
if there was some interest shown by the Redding police department
towar'ds. joining his union that he would discourage it; however, there has
never been any interest shown by the police department to join his union,
according to Mr. Finn.: 1VIr. Finn said that in view of the information
that Mr. Ochs has given to .Council today he believes the language in the
res'olution is premature be.cause the police officers do not belong to a
labor=union and never have. With respect to the petition,, Mr. Finn said
it has pushed the employees towards unions; that the onus belongs to
Council and not on the police department. Mr, Finn said if the language
of.the; resolution is changed he will phone;the State Labo_r Council and
have the resolution re the boycott withdrawn. -- , „
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City Attorney Murphy stated that for the record the pledge cards were
signed by police officers in February and the res.olution was adopted in May;
therefore, there was an interest demonstrated by police officers in joining
the union prior to the adoption of the resolution.
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Mr: Ochs said that when the language of the resolution was first talked
about, the officers came to him and asked him to represent them: He
said the police did not come to him until this. resolution was being considered
by the Council Special Committee. Councilman Doh�erty pointed out th"at
the police officers can have anyone speak for them and many people did
speak for them.
Councilman Fulton said the previous Chief of Police was, in his opinion, � -�
stronghanded in not letting the men speak of their problems and Council �
was not aware of these problems, He said heJthought with the new regime
the entire paragraph could be eliminated. �
MOTION: Made by Councilman Fulton that the entire paragraph of Res�olu-
tion No, 3683 be deleted which prohibits police off'icers from joining a�n
organization other than one composed solely of peace officers and that
the straw .ballot not be held. The Motion died for lack of a second.
Mr. Finn said Redding has a completely demoralized police department
and thinks Council should be concerned about this.. At the present time
no one in the police department belongs to a union.and, on that basis, he
feels that portion of the resolution is premature; fhat a compromise could �
be reached that would say that if at some futu�re date the police department
desires to be represented by a labor union, Council might consider reinstating
this portion of the resolution and the unions would go along with that under-
standing.
Mayor Moty asked City Attorney Murphy if the paragraph in this resolution
were amended and at some time in the future a number of police officers
joined a union and announced to Council they were now members of a union
and, if that present Council felt this was not.proper and was not iri the.best
interest of the City and Council wished to reinstate the paragraph�in tlie
resolution, and if they did so, would these officers be forced to resign froin
said union or face disciplinary action?
Mr. Murphy said that if the present sections of the Governmerit Code 3500 -
3 509 remained untouched in this inte rvening pe riod of time, the Council
could reinstate the language in this resolution and, if it did so, any. police
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officer who prior this reenactment had joined a union would, after the
resolution had become effective, be faced with. resigning from the union
or be subject to such other disciplinary action as prescribed by the City
Manager or the Police Chief.
Councilman Chatfield said he does not particularly care for the petition.
and agrees with Mr, Finn that it makes Vthe police officers assume tYie
burden and this isn't right. He thinks the police neeci �representation and
good representation but doesn't think just any union is good enough, for
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them. He feels the.best representation is by Council, . Mr. Chatfield
said he thinks Council is somewhat fearful of things�that have happened
in New York City and Kansas City involving unions. He can see no-harm
in leaving the llanguage in the resolution. , ,
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Councilman Doherty said that if Council views this prohibition as a
shackle then he agrees it is wrong to include it in the resolution in the
, first place; if Council canriot conyince the polic.e office,rs, that it is not
a shackle, the morale of the police department would be threatened.
Mr. Doherty said it is not meant to be a shackle; it is meant to identify
the police department as being completely neutral. Mr, Doherty said
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he favors removing this paragraph from the resolution, not because it is a
shackle, not because the unions want it out because of its effect in another
city, nor because Council believes it is wrong, but because it has become
an obstacle and by taking it ouj at the present time Counci�l will do no��
disservice to the City of Redding and the need for it may disappear, Mr,
Doherty said he wanted it understood it is not being taken out in response•
to the pressure of a union bo}rcott. According to Mr, Doherty, the unions
should rely on the conventional tools of democracy. Mr. Doherty said he
would like to move that the subject paragr�.ph be removed fr.om the resolu-
ti on.
Councilman Chatfield said he did not see anything on the Agenda where
Council has the right to amend or even discuss the resolution. It is his
feeling that this should be considered at a regula�r meeting of Council with
all members present. `
City Attorney Murphy said the only way it can be considered as a proper
piece of business is that the police petition provides that the Council �
negotiate with representatives of the Five Courity Labor Council, Ho�iever;
the motion can only be a motion of instruction as changes to the resolution
can only be made after notice to the public by posting for five days. Mr,
Murphy said he would rule.that a motion in that form could be acted upon.
MOTION: Made by Councilmari Doherty, seconded by Councilman Fulton
that the City Attorney be instructed to revise Resolution No. 3683 to
delete the provision whicli prohibits police officers from joining any
organization other than one corriposed solely of peace officers and to
further prepare for Council consideration a revision of sub-paragraph
(d)(3) to eliminate the confusion which now involves peaceful picketing -
by perhaps deleting the words, "specifically including stoppages, s�low-
downs, strikes or picketing. " The Vote: Unanimous Ayes
Mayor Moty stated he concurred entirely with Mr. Doherty's comments
prior to the recommendation and motion. He further reiterated his
position with respect to the police department that as one councilman he
would�without delay reinstate ,this paragraph in question at the very first
sign of organized activity by a labor union other than one composed solely
of police officers. Mayor Moty said he believes what Mr. Ochs and Mr.
Finn have said as far as their intentions are concerned, and agrees that
there is no problem.at this time in the Redding police department. •
MATERIAL TO BE SUBMITTED� TO VOTERS
MOTION: Made by Councilman Fulton, seconded by Councilman Doherty
that the Agenda Ite.m pe rtainirig to conside ration and approval of mate rial
to be submitted to voters be tabled until the meeting of August�l5. The
Vote: Unanimous Ayes �
Councilman Doherty advised Council he will not be presentat the meeting
of August 15 as he will be" on vacation until August 29. •
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COUNCIL 'LABOR RELATIONS COIVIMTTTEE REPORT
There was no Cbmmittee Report ready for submission to CounciL '
PETITION AND PLEDGE - Redding Police Department
MOTION: Made by Councilman Chatfield, seconded by Councilman Doherty
that the Petition and Pledge be returned to the Police Department in its
entirety and no copies be retained. The Vote: Unanimous Ayes
Mayor Moty'filed his statement re the- police department with the City Clerk.