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1 ERIC ZICHELLA: You want to come down here unless you need
2 your notes or something down there. Feel free to take a
3 seat over here if you like.
4
5 KEVIN JONES: Kevin Jones, City Attorney’s office. You
6 said you want to talk about financial urgency first or the
7 contracts?
8
9 ERIC ZICHELLA: What’s your preference, Mr. Feinberg?
10
11 KEVIN JONES: There are two open contracts, IFF and 1907.
12 FOP’s contract comes open September 30. The parties have
13 sat down and attempted to negotiate some sort of resolution
14 of the contracts. There is a piece relevant to that, that
15 relates to the financial urgency case management. So what
16 the parties are attempting to do is resolve those two cases
17 within – and some part within the contracts. And resolve
18 those two cases with both IFF and FOP together because
19 you’ll need to know what it’s going to cost you globally.
20 Now let’s talk about the case itself. There’s some aspects
21 of that are in remediation so I can’t really talk about
22 specifics.
23
24 ERIC ZICHELLA: Can I ask you a quick question Kevin? Your
25 expertise in legal matters is mainly in litigation or
26 employment law and that –
27
28 KEVIN JONES: Employment law.
29
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1 that was in effect post October 1, 2010, the one with the
2 reduced benefits is now the pension code that they must
3 follow to the end of the case.
4
5 Moving forward with our negotiations with IFF, they
6 put in their documents as I said of their damages and then
7 they closed the hearing with no prejudice to the city to
8 move from a hearing phase on the court cases to actual
9 mediation. So we went from the court hearing the same day
10 to mediation. So the parties caucus attempted to mediate
11 their differences.
12
13 ERIC ZICHELLA: Can I ask a question on that before we kind
14 of go into that?
15
16 KEVIN JONES: Yes.
17
18 ERIC ZICHELLA: Has the city’s position been articulated in
19 writing – have we taken a position on any damages if you
20 will, that we believe they’re owed?
21
22 KEVIN JONES: Yes. There’s an expert. That’s the outside
23 counsel. This case is being handled by outside counsel and
24 our counsel has put into the record that IFF case, our
25 expectation and damages and our assessment of damages.
26
27 ERIC ZICHELLA: Which is how much?
28
29 KEVIN JONES: It’s 15 million. It’s one year and it’s 18
30 million. 16 plus 2.
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1
2 ERIC ZICHELLA: Of back pay?
3
4 KEVIN JONES: Total, back pay and pension, both IFF and
5 FOP.
6
7 ERIC ZICHELLA: 18 million, so we’re separated by about 182
8 million dollars because the interest clock is running on
9 their numbers.
10
11 KEVIN JONES: Yes.
12
13 CHRISTOPHER ROSE: Their back pay was 126.
14
15 CHRISTOPHER ROSE: 107 for pensions.
16
17 KEVIN JONES: So the parties have attempted during
18 mediation to bridge that gap in the form of a collected
19 bargaining agreement moving out three years. So without
20 getting to the specifics the concept is there would be a
21 damage amount that would be given to the union and then
22 there would be some across the board and some pay
23 supplements spread out over a three year period of time. At
24 this point we are apart by 14 million?
25
26 CHRIS ROSE: We’re apart by 10 million of retroactive and
27 –
28
29 RICHARD BRODSKY: You sure you want to reveal the
30 situation?
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1
2 RICHARD BRODSKY: I’m a lawyer, but I’m not trying to be
3 your lawyer. Nevertheless, I want to raise the question of
4 whether or not there may be a mediation privilege that
5 applies just if you want to drive through that, that’s fine
6 with me.
7
8 KEVIN JONES: What I’m talking about was already discussed
9 at an open bargaining session. I want to talk about the
10 mediation. What was discussed at open bargaining session in
11 relation to the – part of the negotiation that’s going to
12 end up in the labor contract. There’s already been an open
13 hearing for this.
14
15 That’s where we left with IFF. There’s a separation
16 obviously between us on the numbers. FOP is scheduled for
17 tomorrow. Initially was scheduled for a full blown hearing
18 and it was originally scheduled today for full blown
19 hearing. But FOP called and then requested to do the same
20 sort of mediation dance that IFF did. So tomorrow expect
21 the court hearing to open on the back pay case that FOP to
22 open on the back pay case and introduce their numbers. They
23 will close their case without prejudice to the city and put
24 on its case and then it will move to mediation phase.
25
26 ERIC ZICHELLA: It will move immediately to mediation then,
27 correct?
28
29 KEVIN JONES: It will move immediately to mediation. The
30 idea is that the parties will get together and resolve this
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1 fairness for the city that the employees are going to get
2 some sort of additional benefit associated with their
3 salaries, for which they took on the hit just like the city
4 did way back when? There should be some flexibility in
5 terms of negotiation with the 1907 union, with the AFSCME
6 union to try to treat the employees the right way, if it’s
7 possible for the city to do that without you know obviously
8 harming our financial position as a city. But it just seems
9 to be – and that’s just my position. It’s not the position
10 of this committee yet unless anybody wanted to take that
11 position. But I’m not sure from a standpoint of
12 updates what actual role we have until after you guys have
13 reached an agreement. Do we have any?
14
15 KEVIN JONES: Is that a question to me or –
16
17 ERIC ZICHELLA: It’s a legal question. It’s also a question
18 of for the committee whether you want to attempt to take
19 any position prior to the time an agreement is reached. I
20 think once these things are baked and once they’re cooked
21 you know we really can’t do anything about it. We’re not
22 going back to change it, unless we were to take a position
23 now and say we feel as a Finance Committee this should be
24 your negotiating position or one of your negotiating
25 positions, or recommend that to the city commission. I
26 don’t think we have much to say about it other than to
27 approve it when it comes in, essentially ratify it.
28
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1
2 ERIC ZICHELLA: Okay unless there’s an objection to that,
3 I’ll send each of the heads of the unions a letter inviting
4 them to appear before this committee. It’s a meeting in the
5 future, whether it be July or September. I don’t think we
6 meet in August.
7
8 ELI FEINBERG: Or even just a welcome. The public is always
9 welcome.
10
11 ERIC ZICHELLA: Richara, could you provide me with the
12 contact information for each of those? And I’ll send them a
13 very innocuous letter inviting them to appear if that’s
14 okay with the committee.
15
16 All right, on the FOP matter. Eric Zichella, there has
17 been several issues that have come up in the past several
18 months about employee discipline as it relates to officers
19 of the law, deputies. And that there were statements made
20 by the mayor, probably that there were certain limitations
21 in the collective bargaining agreements that may have
22 prevented the city from taking certain disciplinary action
23 unilaterally that it would have liked to have taken. While
24 I fully recognize that these are conversations entirely
25 about the numbers, there’s also policies embedded within
26 those collective bargaining agreements like that, that can
27 significantly limit the city. It seems to me that this is
28 an opportunity because the collective bargaining agreement
29 is up for discussion, and because there’s such a
30 significant amount of leverage on the side of the city when
14
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1
2 CHRIS ROSE: Yes sir, you got it and you get the monthly
3 reports as well; so I don’t believe the one that I emailed
4 to you from the manager was included in the package. That’s
5 why I wanted to make sure it gets out. But – so when the
6 city attorney says that there is an amount of money. That
7 is true, there is not unlimited funds. But we are, I can
8 say with clarity both sides, all sides are working towards
9 a resolution. I think that is a goal of everybody at this
10 point. But I will say we’re not in balance in next years
11 budget as we prepare and the proposed budget will be
12 released, right now the date is July 6. So there’s not much
13 time between now and then; so we are working with
14 departments to see if we can trim some fat, or perhaps more
15 than fat. And we are working on these resolutions all at
16 the same time and I will tell you with equal clarity,
17 nobody really wants my job right now. So we’re doing things
18 on multiple fronts right now. But there are two open
19 contracts. IFF open for two years, third starting this
20 October. AFSCME General has been open for a year, but the
21 second year starting this October and FOP will be open for
22 this first year this October. So there is a lot going on
23 right now.
24
25 ELI FEINBERG: Have you been briefing the mayor on your
26 proposed budget?
27
28 CHRIS ROSE: Yes, and –
29
30 [Phone ringing]
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1
2 ELI FEINBERG: Him directly and chief of staff, both.
3
4 ELI FEINBERG: All right.
5
6 CHRIS ROSE: And all elected officials in person and the
7 chiefs of staff, some of the policy advisors as well.
8
9 ELI FEINBERG: No surprises.
10
11 CHRIS ROSE: There are not. And the monthly report that
12 you’ll see on page 34 of your package, that we can talk
13 about in a minute and this memorandum –
14
15 CHRIS ROSE: Okay, anyone it was a one page that had a
16 second page that was from the property appraiser. But I’ll
17 hold on that until we get to (inaudible)
18
19 ERIC ZICHELLA: Fair enough. Moving on to second order of
20 old business. In our April meeting there was a letter
21 presented to the finance committee from Fausto Alvarez
22 which he sent to I believe the mayor and members of the
23 city commission and the city manager.
24
25 FAUSTO ALVAREZ: Yes.
26
27 ERIC ZICHELLA: Which he would like to discuss. I believe
28 he’s not received a response to.
29
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1
2 ELI FEINBERG: So this is a rule 506?
3
4 ERIC ZICHELLA: When are the 2009 bonds callable?
5
6 PETE VARONA: They’re callable January 1, 2019.
7
8 ERIC ZICHELLA: Why are we doing it now as opposed to doing
9 non-taxable refunding in January 1 of 2019?
10
11 PETE VARONA: There was an issue with proceeds on the ’09
12 deal, which these proceeds have been sitting for a long
13 time and they – I’m not sure if Chris if you had any idea,
14 but –
15
16 ERIC ZICHELLA: So there’s some negative arbitrage
17 associated with the money or what?
18
19 PETE VARONA: I don’t know if there’s a spend down for
20 those proceeds, so I think the plan is in order to do
21 taxable refunding. If we put those proceeds into the escrow
22 for the ’09 refunding and then issue a like amount as a
23 taxable issuance, which is the 18C, that refreshes the
24 proceeds and it removes any restrictions on the taxable
25 proceeds.
26
27 ERIC ZICHELLA: I’m going to ask you another few questions
28 that I should know the answer to, but I don’t. The 2009
29 bonds are not taxable, correct?
30
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1
2 RICHARD BRODSKY: I have to agree with you. I want to
3 first eliminate the possibility that it’s on the city’s
4 back, so we’re talking about $1,200 dollars or so of travel
5 expenses. I’d like to avoid having to make that expense. I
6 personally think sitting eye to eye is a lot better than
7 having them on the telephone.
8
9 ERIC ZICHELLA: Why don’t we go ahead and invite them to
10 come in, in person if we can and then see where that goes
11 and maybe they’ll just say yes, no problem and we’ll deal
12 with it. If there’s a cost associated with it, it probably
13 pales in comparison to the benefit that could come from it.
14 So let’s just leave it at that and go from there if that’s
15 okay. I want to just add a couple quick things. I want to
16 commend Richara on the package you’re putting together. I
17 think it’s very high quality, very well organized. And
18 you’re doing a very good job with it; I appreciate the page
19 numbers on everything going together to make it clear where
20 we are. I also want to commend Erica on the supplemental
21 report to the bond holders on the record. I think it’s
22 great. We haven’t seen one of those in paper since I’ve
23 been on the committee and I really appreciate it. I think
24 it’s very good. Very well done.
25
26 The last thing I wanted to mention is our next meeting
27 date is scheduled for when?
28
29
30 RICHARA BROWN: July 16.
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1
2 ERIC ZICHELLA: Okay, July 16. Is everyone okay with July 16
3 timeframe? That’s perfect for me. I was concerned it was
4 the following week. I just wanted to make sure.
5
6 FAUSTO ALVAREZ: I won’t be here.
7
8 ERIC ZICHELLA: You won’t be here. I know July is a very
9 difficult meeting to get people to the budget comes out on
10 the sixth though and the 16th we’ll hear it 10 days later.
11 We’ll also hear our report, our long term report and we’ll
12 have the discussion on supranationals at the same time. So
13 I just want to make sure that everybody is available.
14 That’s it, that’s all I had. If we could have a motion to
15 adjourn.
16
17 ELI FEINBERG: So moved.
18
19 ERIC ZICHELLA: All right.
20
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