State law prohibits the city council from seeking a proposal to
consolidate law enforcement services until police officers agree to
change their contract with the city, according to the city
manager’s office.
State law prohibits the city council from seeking a proposal to consolidate law enforcement services until police officers agree to change their contract with the city, according to the city manager’s office.
However, the Morgan Hill Police Officers Association disagrees, and the union’s president plans to address the council on the issue Wednesday night.
The POA, which represents 32 sworn Morgan Hill officers, has a contract for wages, hours and working conditions with the city of Morgan Hill which runs through 2013. Earlier this month, the POA asked the city to contract with an outside agency, such as the Santa Clara County Sheriff’s Office, to provide police services as a way to save potentially $2 million.
But the city can’t even seek proposals for such a consolidation until its contract with the POA is amended to reflect the officers’ desire to dissolve the local department and the union, according to a staff memo to the council from City Manager Ed Tewes’ office. The current contract prohibits such an arrangement.
“Of course, because the POA is the party requesting the contracting out, the POA should have no problem in waiving its legal right to bargain the decision,” wrote Assistant City Manager Brian Stott in a memo to Tewes.
The memo cited a lawsuit in the city of Rialto in 2007, when the council entered into a contract for police services with San Bernardino County. The contract was voided in court because it violated the terms of the city of Rialto’s contract with its police officers union.
But the Morgan Hill POA says the council does not need a change in the current contract simply to seek a proposal, without committing to it, for police services from an outside agency.
“The POA has told the city it has nothing in its (contract) to prevent the city from getting a proposal, and the POA encourages the city to do so,” said POA president Ken Howard.
City staff also noted the cost to hire a consultant to study a possible police contract, and its potential savings would be between $20,000 and $50,000, according to the staff report. The process, from when council decides to seek proposals to implementation of a police services consolidation, would take up to 240 days.
The city would likely seek proposals not only from the county, but also from the cities of San Jose and Gilroy, the staff report says.
But Howard said the cost for a study is unnecessary.
“It’s apparent based upon the number of contracts the sheriff’s department maintains, they have the ability to perform a feasibility study for a contractual agreement between the city and the county, without fiscally impacting the city of Morgan Hill,” Howard said.
The staff memo acknowledges that some potential savings to the city are possible with police consolidation. Those savings could come in the form of a reduction of service, lower per-unit labor costs and lower overhead, the staff report says.
However, a more thorough study would determine exact costs, based on the council’s desired level of police service.
The city has to cut at least $1.8 million in order to balance its budget for the fiscal year that begins July 1, due to declining sales tax and development impact fee revenues.
The POA estimates contracting with the county for law enforcement could save the city about $2 million per year. But the city staff report says this estimate is “overly simplistic.”
Staff will present the report at Wednesday’s city council meeting. Howard plans to attend the meeting to respond to the staff report.
The meeting will be at 7 p.m. at City Hall’s council chambers, 17555 Peak Ave.
