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2007-01-12
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2007-01-12
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meeting at which I distributed the draft agreement and received additional <br />feedback. The CALOP Board has requested that we ensure the participation of <br />HECTV, which manages the airing of CALOP videos and participates on the <br />Board. PEG access is in the agreement along with mirroring all aspects of the <br />Charter Franchise. The one exception to the Charter agreement is the build-out <br />requirement. While Charter states they intend to serve the entire community, they <br />are not willing to commit to a total build out in the franchise. <br /> <br />Minimum Wage Unintended Consequence: <br />The recently approved minimum wage law contained language that could <br />potentially affect the overtime calculations for police and fire personnel. If <br />applicable to City services, we would be forced to incur roughly an increase of <br />$700,000 annually. We are working on a more detailed analysis for the St. Louis <br />County Municipal League. There is substantial disagreement in the legal <br />community as to whether the new law applies to local government, but the State <br />is taking the position it does apply. If it does apply, cities began to accrue the <br />financial liability for overtime hours worked as of January 1. The law calls for <br />penalties that equal DOUBLE the unpaid overtime plus legal costs if the amount <br />paid is challenged. There will be both legislation and litigation to try to clarify the <br />law as soon as possible. The first draft of legislation has been prepared by <br />Senator Chuck Gross and is attached for your review. Hourly wages may be <br />adjusted forward but not retroactively. While we have the legal right to lower the <br />hourly rate of our employees to maintain the current hourly structure without <br />incurring additional financial liability, I am recommending that we hold off any <br />adjustments that would be considered detrimental by employees to await the <br />legislature’s response to the clarifying legislation. There seems to be a growing <br />consensus that most parties desire to see the old system for police and fire <br />among the unions and the employees. The State Fire Union supports the <br />proposed clarifying legislation along with other directly impacted constituencies. <br />However, judges may rule that the new law does not allow for the current <br />system. Our shop steward is coordinating a release of liability agreement with <br />the Local 2665 (Fire Union) that the union lawyer drafted for all personnel to sign <br />releasing us from paying overtime above 40 hours since January 1st. This will be <br />a temporary fix until the initial ruling is out. <br /> <br />The St. Louis County Municipal League identified the following Options: <br />While you are waiting for court or legislative action, the memo suggests some <br />options to reduce your liability: <br />1. Start paying overtime (or award comp time) for hours over 40 in a week (to <br />prevent a judgment awarding 2 X the overtime). <br /> <br />2. Adjust your scheduling to balance hours between each week so that fewer <br />weeks contain employees working over 40 hours. This may be easier to <br />do for police than fire. <br /> <br />3. Reduce the regular hourly base salary and then pay 1.5 X the base salary <br />for overtime so that each employee’s gross salary remains unchanged. <br /> <br />
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