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<\/a>Barry Levinson<\/p><\/div>\n
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\u2019s sham version of labor negotiation reform. Diane Hickey and I presented a comparison between the two tales of \u201cgood\u201d 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.\u00a0<\/p>\n
<\/a>Fullerton City manager Joe Felz<\/p><\/div>\n
It was pitiful to watch, Council member\u2019s Flory, Fitzgerald and Chaffee do their phony acceptance speeches for this so-called reform measure.<\/p>\n
<\/a>Council member Chaffee<\/p><\/div>\n
<\/p>\n
<\/p>\n
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 \u2013 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.<\/p>\n
<\/a>Council member Fitzgerald<\/p><\/div>\n
<\/p>\n
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?<\/p>\n
<\/a>Council member Flory<\/p><\/div>\n
<\/p>\n
Council member Fitzgerald strongly disagreed with Council member Sebourn\u2019s 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\u2019s 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.<\/p>\n
Here are the five components as stated in Supervisor\u2019s Moorlach\u2019s article as follows:
\n\u201cIndependent Negotiator \u2013 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.
\nCost of Contracts \u2013 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.
\nOffers and Counteroffers \u2013 This ordinance would require that all offers and counteroffers be disclosed to the public within 24 hours.
\nBoard Disclosure \u2013 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.
\nContract Approval \u2013 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.\u201d<\/p>\n
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.<\/p>\n
1. Independent Negotiator:<\/strong> 2. Cost of Contracts:<\/strong> Under Moorlach\u2019s component – \u201cthis ordinance would require that all offers and counteroffers be disclosed to the public within 24 hours.\u201d<\/p>\n 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.<\/p>\n Therefore, the third component is not carried out under the Fullerton ordinance. Under Moorlach\u2019s component – \u201ceach 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.\u201d<\/p>\n Again, there is no such language included in the Fullerton ordinance.<\/p>\n Therefore, the fourth competent is missing from the Fullerton ordinance. Under Moorlach\u2019s component \u2013 \u201cthis 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.\u201d<\/p>\n 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.\u00a0<\/strong> Someone’s got some splainin’ to do.<\/p><\/div>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n","protected":false},"excerpt":{"rendered":" I REPORT, YOU DECIDE. By 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\u2019s sham version of labor negotiation reform. Diane Hickey […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[6],"tags":[],"class_list":["post-3645","post","type-post","status-publish","format-standard","hentry","category-the-twighlights-last-gleaming"],"_links":{"self":[{"href":"https:\/\/thefullertoninformer.com\/wp-json\/wp\/v2\/posts\/3645"}],"collection":[{"href":"https:\/\/thefullertoninformer.com\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/thefullertoninformer.com\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/thefullertoninformer.com\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/thefullertoninformer.com\/wp-json\/wp\/v2\/comments?post=3645"}],"version-history":[{"count":9,"href":"https:\/\/thefullertoninformer.com\/wp-json\/wp\/v2\/posts\/3645\/revisions"}],"predecessor-version":[{"id":6839,"href":"https:\/\/thefullertoninformer.com\/wp-json\/wp\/v2\/posts\/3645\/revisions\/6839"}],"wp:attachment":[{"href":"https:\/\/thefullertoninformer.com\/wp-json\/wp\/v2\/media?parent=3645"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/thefullertoninformer.com\/wp-json\/wp\/v2\/categories?post=3645"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/thefullertoninformer.com\/wp-json\/wp\/v2\/tags?post=3645"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
\nUnder Moorlach\u2019s component, an independent negotiator is a requirement for all negotiations.
\nUnder Fullerton ordinance Section B.1. Principal Negotiator second paragraph states as follows:
\n\u201cThe requirement for an outside negotiator may be waived by a majority vote of City Council.\u201d It is also not required when there is not a significant change to the bargaining agreement as defined in the
\nTherefore, the first component is optional, and not required under the Fullerton ordinance.<\/p>\n
\nUnder Moorlach\u2019s 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.
\nIn the Fullerton version it states at A.1. Annual Analysis of Costs and Liabilities second paragraph as follows:
\n\u201cThe annual fiscal analysis shall be submitted to the City\u2019s independent auditor during the course of the annual City financial audit.\u201d Under Fullerton law, there is no requirement to provide this information prior to the signing of the labor negotiation contracts, relegating the independent auditor\u2019s information worthless because the public does not receive it timely.
\nTherefore, the second component only purpose is not carried out under the Fullerton law.
\n3. Offers and Counteroffers:\u00a0<\/strong><\/p>\n
\n4. Board Disclosure<\/strong>:<\/p>\n
\n5. Contract Approval<\/strong>:<\/p>\n
\nI 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 i<\/strong>ncluded in the Fullerton ordinance.<\/strong><\/em><\/p>\n<\/a>\u00a0http:\/\/cityoffullerton.com\/weblink8\/2\/doc\/539340\/Page1.aspx<\/a><\/strong><\/em><\/h2>\n