I REPORT, YOU DECIDE. By Barry Levinson
Barry Levinson
C.O.I.N (Civic Openness in Negotiations) – Well a few of us tried valiantly to persuade two other Fullerton council members in addition to our consistent friend and advocate for the people, Council member Whitaker to reject the City of Fullerton’s sham version of labor negotiation reform. Diane Hickey and I presented a comparison between the two tales of “good” government. The real version known as the Costa Mesa version and than the cynical, phony, corrupt version hoisted upon us at council last night by Human Resources Director Gretchen Beatty with the blessings I suspect from her boss, City Manager, Joe Felz.
Fullerton City manager Joe Felz
It was pitiful to watch, Council member’s Flory, Fitzgerald and Chaffee do their phony acceptance speeches for this so-called reform measure.
Council member Chaffee
Ms. Fitzgerald offered that she would be supportive of removing the language that would allow her with two additional council members to waive the requirement for an independent negotiator under all circumstances. But as Gomer Pyle used to say – surprise, surprise, she never offered that as a motion that with one second would have allowed the entire council to strip that awful part of the ordinance.
Council member Fitzgerald
Council member Flory stated the five components necessary for a good C.O.I.N. ordinance as expressed by OC Supervisor Moorlach in an article he recently wrote was indeed included in our draft ordinance. But of course, Ms. Flory did not even offer up one of those tenets as an example. Why take the time and effort to include even one fact in your argument when it is so much more fun and so much easier for Ms. Flory to provide the 10 people or so left in the audience at 11 pm with hyperbole instead?
Council member Flory
Council member Fitzgerald strongly disagreed with Council member Sebourn’s comment that after reading the five components necessary for a good C.O.I.N ordinance, that he was hard pressed to see those components in our proposed ordinance. Please note that Moorlach’s comments and his five main components for a good C.O.I.N. ordinance follows very closely to the Costa Mesa C.O.I.N. ordinance.
Here are the five components as stated in Supervisor’s Moorlach’s article as follows:
“Independent Negotiator – As is current policy, the County will hire an independent negotiator that is not impacted by any outcome in the negotiation process. Past practice had county staff, who were subject to the same provisions as the bargaining unit they were negotiating with, negotiate on behalf of the Board of Supervisors. Independent negotiators remove this conflict.
Cost of Contracts – Current practice has the county budget office analyze the costs of any contract proposal. Under COIN, the independently elected Auditor-Controller will take on this responsibility. This ensures an equal playing ground for both labor organizations and the county as both will be given the ability to comment about the analysis.
Offers and Counteroffers – This ordinance would require that all offers and counteroffers be disclosed to the public within 24 hours.
Board Disclosure – Each member of the Board of Supervisors will be required to disclose any and all verbal, written, or electronic communications they have had with an official representative of a recognized employee organization.
Contract Approval – This ordinance will require that, before the final proposed contract is placed on the Board agenda, the Memorandum of Understanding will be posted to the County website.”
Well Council member Flory, since you failed to support your claim, I thought that I would take a stab at it. As someone who is independent and also an auditor, I thought I could easily either verify or nullify your claims one by one. Remember ladies and gentlemen Council member Flory stated that all 5 components laid out by Supervisor Moorlach were part of the Fullerton labor negotiation ordinance.
1. Independent Negotiator:
Under Moorlach’s component, an independent negotiator is a requirement for all negotiations.
Under Fullerton ordinance Section B.1. Principal Negotiator second paragraph states as follows:
“The requirement for an outside negotiator may be waived by a majority vote of City Council.” It is also not required when there is not a significant change to the bargaining agreement as defined in the
Therefore, the first component is optional, and not required under the Fullerton ordinance.
2. Cost of Contracts:
Under Moorlach’s component the independently elected Auditor-Controller reviews the costs of proposed contracts and provides the information to all parties and the public before any contractual finalization can take place.
In the Fullerton version it states at A.1. Annual Analysis of Costs and Liabilities second paragraph as follows:
“The annual fiscal analysis shall be submitted to the City’s independent auditor during the course of the annual City financial audit.” Under Fullerton law, there is no requirement to provide this information prior to the signing of the labor negotiation contracts, relegating the independent auditor’s information worthless because the public does not receive it timely.
Therefore, the second component only purpose is not carried out under the Fullerton law.
3. Offers and Counteroffers:
Under Moorlach’s component – “this ordinance would require that all offers and counteroffers be disclosed to the public within 24 hours.”
Under the just passed Fullerton ordinance, there is no such requirement that states how quickly all offers and counteroffers are to be disclosed too the public nor to the council.
Therefore, the third component is not carried out under the Fullerton ordinance.
4. Board Disclosure:
Under Moorlach’s component – “each member of the Board of Supervisors will be required to disclose any and all verbal, written, or electronic communications they have had with an official representative of a recognized employee organization.”
Again, there is no such language included in the Fullerton ordinance.
Therefore, the fourth competent is missing from the Fullerton ordinance.
5. Contract Approval:
Under Moorlach’s component – “this ordinance will require that, before the final proposed contract is placed on the Board agenda, the Memorandum of Understanding will be posted to the County website.”
There is no such language included in the Fullerton ordinance requiring the M.O.U. to be posted to the City of Fullerton website. Therefore, component number 5 also is not met by our Fullerton ordinance.
I believe that based on my component-by-component analysis, Fullerton Council member Flory has some explaining to do to the members of the Fullerton public. Since Mayor Chaffee and Council member Fitzgerald also agreed with Ms. Flory and voted for the Fullerton ordinance maybe they should help Ms. Flory with her response. I have proven that not one of the key components of a good C.O.I.N. law as describe by Supervisor Moorlach is included in the Fullerton ordinance.
Someone’s got some splainin’ to do.
http://cityoffullerton.com/weblink8/2/doc/539340/Page1.aspx
#1 by Joe Imbriano on June 25, 2014 - 6:32 am
Jennifer Fitzgerald’s new boss?
How convenient that his web site is now down since the cat is out of the bag. http://curtpringle.com/
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Mr. Curt Pringle is the Founder and President of Curt Pringle & Associates, LLC. Curt Pringle, a land use, public relations and government affairs consultant, with over 30 years experience, has a passion for navigating the political process on a state and local level. With extensive depth and breadth of policy knowledge, Mr. Pringle provides strategic advice to a variety of both public and private sector clients. With eyes to see the big picture, Mr. Pringle is a trusted third party who is sought after for sound counsel and action. Curt Pringle brings an immense amount of civic knowledge to the Curt Pringle & Associates’ diverse client base. He currently serves as the Mayor of Anaheim, having first been elected in 2002. Having served in the California State Assembly from 1988-1990 and again from 1992-98, the independent California Journal rated Assemblyman Pringle as the “Best Problem Solver” and as the “Most Influential Leader” of the California State Assembly. In January 1996, in what was hailed by the Associated Press as “a victory for stability over chaos,” Assemblyman Pringle was elected Speaker of the California State Assembly where he presided until November 1996. During his tenure in the State Assembly, Assemblyman Pringle served as the Republican Leader, Republican Caucus Chair, chairman of the Appropriations Committee, chairman of the Rules Committee and vice chairman of the Budget Committee. He also served on the Insurance, Governmental Organization, Banking, Local Government and Joint Legislative Budget Review Committees. Additionally, he served as a budget conferee in 1995, where he authored the 1995-1996 California State Budget. Assemblyman Pringle was a key architect of California’s historic, bipartisan welfare reform plan in 1997, and in 1996 he authored successful legislation to provide California businesses with a five-percent tax cut. Mr. Pringle has served on the Orange County Republican Central Committee and the California Republican Central Committee. In 1996, 2004 and 2008 he was a California Delegate to the Republican National Convention. He also served as an appointee of the Senate Majority Leader to the National Conference on Retirement Savings and served a four-year term as a member of the Orange County Fair Board. From 2007 to 2008, appointed by Governor Schwarzenegger, Mr. Pringle served on the Public Employee Post Employment Benefits Commission. Today, Mr. Pringle serves as a member of the Orange County Transportation Authority’s Board of Directors as well as a Governor’s appointee to the California High-Speed Rail Authority Commission. And in December 2008, Governor Schwarzenegger appointed Mr. Pringle to the Commission on the 21st Century Economy. Additionally, Mr. Pringle serves on the Board of Directors of Leadership TraQ, a leadership development program headquartered at California State University, Long Beach. Mr. Pringle also serves as an adjunct faculty member at the University of California, Irvine, in the Political Science Department, where he teaches California Government. In 2006, Mayor Pringle was named one of OC Metro Business Magazine’s “Hot 25” and one of the “100 Most Powerful People in Southern California” by West Magazine (formerly Los Angeles Times Magazine). In 2007, Red County Magazine named Mayor Pringle the “Most Influential Politico in Orange County.” In 2008, the National Association of Home Builders (NAHB) named him the “Local Elected Official of the Year.” And most recently, Mayor Pringle was named “Top Legislator of the Year” by the Southern California Chapter of the American Public Works Association for 2009. He is a graduate of California State University, Long Beach (CSULB) with a bachelor’s degree in Business Administration and a Master’s in Public Administration. As alumni, Mayor Pringle was highlighted in CSULB’s first Notable Alumni Brochure. He served as a Director of Heart Tronics, Inc. from January 1999 to November 3, 2000. In January 1996, he was elected speaker of the California State Assembly and presided as speaker until November 1996.
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The firm’s associates work collaboratively to maximize our knowledge, expertise and experience in tailoring a comprehensive strategy to fit the client’s specific goals, resources and abilities.
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Jennifer Fitzgerald
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Jennifer was elected to serve on the Fullerton City Council in November 2012, during a time of great turmoil in the community. Since that time, Jennifer played a key role in several significant accomplishments, including a retroactive refund of water rates, the permanent appointment of the Chief of Police, and the approval of a plan to increase funding for the City’s infrastructure.
Ms. Fitzgerald represents the City of Fullerton on the Metropolitan Water District of Southern California Board of Directors and also serves on the Board of Directors for the Orange County Taxpayers Association and as the Large City Representative on the Association of California Cities-Orange County Chapter. She is a Past President of the Fullerton Chamber of Commerce and past Member of the Board of Directors for the Fullerton Historic Theater Foundation and previously served the City of Fullerton on the Planning Commission and the General Plan Advisory Committee.
Jennifer’s volunteer service includes work in the education and non-profit sectors. She is the founder of Give Back (Packs) Fullerton, a member of the Fullerton Arboretum, the Fullerton Elks Lodge, The Muckenthaler Cultural Center, the American Legion Auxiliary and the Fullerton Woman’s Club. Additionally, she serves as an Advisory Board Member of the Coast to Coast Foundation and is a member of the Board of Directors for the Fullerton Community Nursery School, Orange County’s oldest cooperative preschool.
Prior to joining CP&A, Fitzgerald was the CEO of CL7 Communications, Inc., a strategic communications firm, which specialized in fundraising, strategic communications, event management and organizational growth. Jennifer started the firm on her own in 2004 after leaving the office of Congressman Ed Royce and over the next ten years she and her team raised over $10 million for candidates at every level of government, while also helping several non-profit organizations expand their membership base and refine their operations.
Jennifer and her husband, Sean, have called Fullerton home for close to fifteen years and are raising their two sons there. Jennifer graduated Magna Cum Laude with a Bachelor of Arts Degree in Communication Studies from Biola University in 1995 where she also earned a Minor in Biblical Studies