PUTNAM COUNTY OFFICE OF THE SHERIFF THREE COUNTY CENTER CARMEL, NEW YORK 10512 DONALD B. SMITH PAUL A. BOSCIA Brigadier General, US. Army (Ret.) Lieutenant Colonel USAF (Ret) SHERIFF UNDERSHERIF (845) 225 3000 (845) ?25 -1460 April 13, 2017 Hon. Ginny Nacerino Chairwoman, Putnam County Legislature 40 Gleneida Avenue Carmel, NY 10512 Re": Ratification of PBA Contract and Recognition of Commissioned Officers? Union Dear Chain/v. -- I am writingto thank you for giving me some time to update you on the activities of the Putnam County Sheriff?s Of?ce and to provide you my rationale for so strongly supporting'the proposed PBA contract negotiated by County Executive MaryEllen Odell, Union President Dan Hunsberger and me. I also thank you for allowing me to express my strong support and need for a Commissioned Officers Union in .order to promote and retain the most professional leaders for the Command Staff of the Putnam County Sheriff?s Office. First of all, let me state that the PBA contract was negotiated in the spirit of the principles contained in Vision? 2010: Guiding Putnam into the next Decade, which was crafted in the late 903 and published afterthe turn of the last century. I have previously sent each Legislator an electronic copy of that vision statement, which includes, among its stated goals and objectives on pages 12 13, the following: Seek out professional development activities for County employees to insure essential growth in leadership for top and middle management; Create an environment that views government service at all levels as a noble and rewarding profession; Insure that government workers receive a competitive compensation and bene?ts package that ensures that our best and brightest will be willing to seek public service both as elected and appointed officials; and ?Mini. In fini- Work with all levels of government to institute incentive programs that reward and promote high performing individuals. I also want to thank you for giving me the opportunity to rebut the mistaken notion that somehow County Executive Odell and I were being too generous to the PBA. I want to remind you again that this contract was negotiated based on the principles of the Putnam County Sheriff?s Office developed early during my tenure, which are set forth in the statement of principles that is included at Enclosure 1 for your ready reference. Please note these principles are about accomplishing the mission, about taking care of the people we are entrusted to serve, and also about doing the right thing for the people we are entrusted to lead?the men and women of the Putnam County Sheriff?s Office, including their training, compensation and morale and esprit de corps. It was in that spirit that County Executive Odell and negotiated with PBA President Hunsberger and achieved the final Memorandum of Agreement that has been submitted to the Legislature for its approval. From talking with some of the members of the Legislature, I believe there may have been some misconceptions about the true costs of pay increases provided in this agreement. I am enclosing a copy of an analysis that shows the monetary value of the contract from 2017 through 2022, which is included at Enclosure 2. Please note that the example I used for this analysis is based on a senior deputy sheriff with over 20 years? experience and who is at the top of the pay scale -- in order not to under-estimate in any way the cost analysis. Because our department is a relatively young department, the actual costs will, in fact, be less than what my analysis shows. also want to again reiterate some key points I have made to members of the Legislature pertaining to the perception that the PBA ?didn't give anything back? to the County. That is not accurate. The PBA made many compromises in this negotiation, accepting a pay and bene?ts package that lags behind many comparable police agencies in the lower Hudson Valley: lower pay, significantly fewer vacation days and sick days and higher contribution amounts for health insurance after retirement. The PBA also gave concessions concerning drug- testing and procedures for administering GML 207?c benefits. The union?s acceptance of a six year contract also inures to the county?s benefit, as it avoids the need to negotiate successor contracts over that period and avoids the costs of potential interest arbitrations. Also, I know there was some concern expressed about the removal from the contract of the Certified First Responder (CFR) training. As I stated to the members of the Legislature, CFR training has served us well during the 20-year period that it has been in place. However, now with our professional advanced life support system in place, coupled with the growing number of hours and the costs of conducting full blown CFR training?including skills that our members do not have occasion to use?it just makes good sense to better focus our training on those first aid skills that our deputies actually use, including CPR, AED, Stopping the Bleeding, etc. and that is exactly what we plan to do, making us more effective in helping people in medical emergencies. Over the years, experience has shown that at least half of the skills learned in CFR training have never been used by our members. For example, CFR certification includes training in doing medical assessments (taking a pulse, counting respirations, using a blood pressure cuff, etc.). In reality, however, our members apply first?aid to victims and it is the higher-trained paramedics on the scene who do the assessments (indeed, the paramedics would not accept our members? assessments anyway, as the paramedics? protocols require that they perform their own assessments). The bottom line is the County Executive and feel very strongly that removing the CFR provision from the proposed contract will save the County a lot of money, while at the same time, not sacrificing any real level of protection for the citizens in Putnam County. I also take this opportunity to reiterate a point I emphatically made with the Legislators when I asked you to please mark this time and date on their calendar ?as the moment that you heard it from me that this negotiated agreement, in my strong opinion, will be a much better deal for the County than a series of interest arbitration proceedings". Going to arbitration with the PBA will prove to be more costly to the County in contractual terms and in the additional expenditure of significant legal fees. Moreover, arbitration will result in lost productivity from both our leadership and our rank-and-file by diverting our time and energies away from other duties and toward those proceedings not to mention the negative impact it will have on morale and esprit de corps. i also remind you that, by law, in determining an appropriate interest arbitration award for our members, an arbitration panel would be required to examine two things: (1) what other comparable police agencies within Putnam County and the lower Hudson Valley give their officers in pay and bene?ts; and (2) the fiscal ability of Putnam County to give comparable pay and benefits to its employees. As I have already pointed out, our employees lag behind the pay and benefits enjoyed by many of their colleagues in comparable agencies in our area. As have also pointed out, Putnam County is in excellent fiscal shape, with what I understand is an $8 million surplus from budget year 2016, with $5 million coming from sales tax surplus and the other $3 million coming from the county?s prudent underspending of $3 million of the budgeted operating funds. I also remind you that Putnam County Government has done a great job paying down the $8.5 million NYS Pension debt assessed to us following the economic downturn in 2008, having already paid off $7 million of it with the final $1.5 million to be paid off during budget year 2017. The bottom line here is that, 3 I believe, if you really look at the numbers, you will see that this is a very fair contract for all parties and objectives concerned: it will help us accomplish the mission of the Sheriff?s Office, in the best interests of the taxpayers of Putnam County, and it is equitable for the hardworking men and women of the Putnam County Sheriff's Office. And now let me reiterate a few points about why I so strongly support?a Commissioned Officers Union for the long term professional development and long range stability of the PCSO. -The vast majority of the County?s other employees are unionized and, with the recent formation of the PUMA union, those unionized ranks include many County managers, too, some of whom I understand are in appointed positions. Moreover, in the majority of police departments across the state and nation, the upper echelons of police managers are unionized, including the commissioned officers of the New York State Police. In a recent survey of New York sheriffs by the New York State Sheriffs? Association, a majority of sheriffs responding (28) reported that some or all of their commissioned officers are unionized. My support for the P080 officers? unionization is not just grounded upon what I believe is fair and just for them and their families, but also what is in the overall best interests of the P080, the effective accomplishment of our mission, and the people we serve. I believe that a union of commissioned officers will enhance and incentivize our best and brightest people to pursue advancement and to assume greater responsibility of leadership, which will in turn make the P080 a stronger agency that will be able to better serve the people of Putnam County. As you know, at present the Sheriff?s Office ranks below the rank of lieutenant are unionized, whereas the lieutenant and captain ranks are not. For that reason, many very talented and able members of the unionized ranks?who would make outstanding higher level leaders-- are dis-incentivized from taking promotion to the commissioned officers' ranks. For them, to leave a unionized rank for a noniunidnized commissioned officer?s position means the loss of contractually negotiated terms and conditions of employment. To ask our peOple to take on increased responsibilities of leadership while simultaneously suffering a loss of many contractual bene?ts is tantamount to penalizing?rather than rewarding?our high performers. Obviously, that is an unjust situation that can really dampen the esprit de corps of our members and undermine good career progression throughout our ranks. By recognizing our officers? right to unionize, the County will accord to these key leaders of the Sheriff?s Office the same right to bargain their working terms and conditions that they had as they worked their way up through the lower ranks. Then, instead of discouraging our best and brightest people from taking on greater leadership roles, we will actually incentivize them to do so. By recognizing their right to remain in a union, we will stop asking them to give their 4 community more in exchange for having less protection for themselves and their families. For the reasons stated above and those I have discussed in person, i am absolutely in favor of the commissioned officers? union. Again, I believe that it will make our outstanding Sheriff?s Of?ce an even stronger organization, enhancing its professionalism. I respectfully urge you and your fellow legislators to join County Executive Odell and me in recognizing the officers' union. In conclusion, i believe that, plain and simple, it is the right thing to do. Thank you for everything'you and your colleagues in the Legislature do each and every day to help keep Putnam County a safe place to live, work and raise afamily. Best wishes! Keep the faith! onald B. Smith Sheriff Sincerely, Enclosures cc: County Executive MaryEllen Odell Leg. Barbara Scuccimarra Leg. William Gouldman Leg. Toni Addonizio Leg. Carl Albano Leg. Paul Jonke Leg. Joseph Castellano Leg. Dini LoBue Leg. Neal Sullivan Putnam County Sheriff Principles . Do the right thing in enforcing the laws to keep Putnam County a safe place to live, work and raise a family 0 Do the right thing for the citizens of Putnam County. . Do the right thing for the men and women of the Putnam Office and Correctional Fac??y. . - Mission accomplishment - Training - Equipping - Families - Morale and Esprit de Corps ., Ema/050cm 1* i" PROPOSED PBA RAISES 2017- 2022 (Effective Annual Percentage Increases Senio?r beputy Sheriff with 20 years of service) 2017: 2% Raise: $1,786 Law Enforcement Allowance: 1,000 Holiday Pay: . . 9 50,6, Longevity Pay: 100 Annual Equipment Allowance: 200 $3,586 Effective Pay Raise: $3,586 I 3.85% . $93,177 2018: 2% Raise: $1 ,821 Law Enforcement Allowance: 200, Holiday Pay: 200. Longevity Pay: 100;. $2,321 Effective Pay Raise: $2,321 4 . 12:: 2.40% $96,763 2019: 2% Raise: $1,858 Law Enforcement Allowance: 200 Holiday Pay: 200- Longevity Pay: 100 $2,352 Effective Pay Raise: $2,358 0 l?l l?r?l 2.38% 99999 . mime, 2 2020: 2% Raise: $1,335 Law Enforcement Allowance: 200 Holiday Pay: 200 Longevity Pay: . 100 a $2,395 Effective Pay Raise: $2,395 rib 2.36% $101,441 2021: 2% Raise: $1,033 Law Enforcement Allowance: 205 Holiday Pay: 200 Longevity Pay: 100 $2.433 Effective Pay Raise: $2,433 .. . 2.34% $1 03,836 2022: 2% Raise: $1,971 Law Enforcement Allowance: 200?- Holiday Pay: 200:, Longevity Pay: 100: - $2,473 - Effective Pay Raise: $2,471 . 2.33% $1 06,269 I NOTE: Contract includes an in?ation protection cost of living allowance provision for PBA members? protection on annual pay raises based on the consumer price index for urban wage earners and clerical workers-(CPi-W) as published by the Bureau of Labor statistics in October of each year. This provision wouid be in effect from 2018- - 2022: capped at 3% for 2018, 2019, 2020 and capped at 3.5% for 2021, 2022 for the County's proteCtion. i i i i