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Labor and Economic Development Committee

Regular Meeting

Louisville, KY · October 13, 2020

AgendaMinutes

Minutes

601 W. Jefferson Street Louisville Metro Government Louisville, KY 40202 Action Summary - Final Labor and Economic Development Committee Chair David Yates (D-25) Vice Chair Anthony Piagentini (R-19) Committee Member Keisha Dorsey (D-3) Committee Member Donna Purvis (D-5) Committee Member Paula McCraney (D-7) Committee Member Markus Winkler (D-17) Committee Member Robin Engel (R-22) Tuesday, October 13, 2020 3:00 PM Council Chambers Call to Order Chair Person Yates called the meeting to order at 3:01 p.m. Roll Call Chair Person Yates introduced the committee members and non-committee members present. A quorum was established. NOTE: All committee members and non-committee members attended the meeting virtually, except Vice Chair Piagentini, Council Member Coan, and Council President James, who attended in Chambers. Present: 7- Chair David Yates (D-25), Vice Chair Anthony Piagentini (R-19), Committee Member Keisha Dorsey (D-3), Committee Member Donna L. Purvis (D-5), Committee Member Paula McCraney (D-7), Committee Member Markus Winkler (D-17), and Committee Member Robin Engel (R-22) Non-Committee Member(s) Council Member Jessica Green, (D-1), Council Member Barbara Sexton Smith (D-4), Council President David James (D-6), Council Member Brandon Coan (D-8), Council Member Bill Hollander (D-9), Council Member Kevin Kramer, (R-11), and Council Member Nicole George (D-21) Support Staff Hollie Hopkins, Jefferson County Attorney's Office Paul Rutherford, Jefferson County Attorney's Office Jason Fowler, Jefferson County Attorney's Office Clerk(s) Lisa Franklin Gray, Assistant Clerk Sonya Harward, Clerk Louisville Metro Government Page 1 Labor and Economic Development Action Summary - Final October 13, 2020 Committee Pending Legislation 1. R-117-20 A RESOLUTION PURSUANT TO THE CAPITAL AND OPERATING BUDGET ORDINANCES, APPROVING THE APPROPRIATION TO FUND THE FOLLOWING NONCOMPETITIVELY NEGOTIATED PROFESSIONAL SERVICE CONTRACT FOR LMPHW CONCERNING ITS EMPLOYMENT OF A LABORATORY DIRECTOR - (UNIVERSITY OF LOUISVILLE - $51,079.00). Sponsors:Primary David Yates (D-25) Attachments: R-117-20 V.1 091720 LMPHW - LABORATORY DIRECTOR - (UNIVERSITY OF LOUISVILLE - $51,079.00).pdf U of L Lab Director RES 100 2020.pdf A motion was made by Vice Chair Piagentini, seconded by Committee Member Engel, that this Resolution be recommended for approval. The following spoke to this item: - Connie Mendel, Louisville Metro Public Health and Wellness - Chair Person Yates - Vice Chair Piagentini The following was discussed: - The contract is for the employment of a laboratory director. - This contract is a partnership with the University of Louisville and Louisville Metro Public Health and Wellness. - Dr. Leslie Wilkes has served in this capacity since 2013. - Dr. Leslie Wilkes is CLIA (Clinical Laboratories Improvement Amendments) certified which is required by Medicare and Medicaid. - This certification is required to conduct certain tests such as COVID-19 PCR genetic testing, to use certain diagnostic equipment, and to receive FDA approval to conduct research and tests. - Louisville Metro Public Health and Wellness serves as a regional testing provider. The motion carried by a voice vote and the Resolution was sent to the Consent Calendar. Louisville Metro Government Page 2 Labor and Economic Development Action Summary - Final October 13, 2020 Committee 2. R-121-20 A RESOLUTION DETERMINING EIGHT LOTS ON SHAGBARK ROAD IN LOUISVILLE, KENTUCKY SHOWN ON EXHIBIT "A" ATTACHED HERETO OWNED BY THE LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT ("METRO GOVERNMENT") SUCCESSOR TO THE CITY OF LOUISVILLE, KENTUCKY, AS SURPLUS AND NO LONGER NEEDED FOR A GOVERNMENT PURPOSE AND AUTHORIZING 3411, 3413, 3415, 3417, 3418, 3419, 3420 AND 3423 SHAGBARK ROAD ALL IN METRO LOUISVILLE, KENTUCKY (THE "LOTS") TO BE CONVEYED TO HABITAT FOR HUMANITY TO BE DEVELOPED AS LOW INCOME HOUSING. Sponsors:Primary Jessica Green (D-1) Attachments: R-121-20 V.1 100820 RES - HABITAT FOR HUMANITY.pdf RES 103 2020.pdf This item was held in Committee. Louisville Metro Government Page 3 Labor and Economic Development Action Summary - Final October 13, 2020 Committee 3. R-123-20 A RESOLUTION PURSUANT TO THE CAPITAL AND OPERATING BUDGET ORDINANCES, APPROVING THE APPROPRIATION TO FUND THE FOLLOWING NONCOMPETITIVELY NEGOTIATED SOLE SOURCE CONTRACT FOR METROSAFE CONCERNING 911 SYSTEM SUPPORT, UPGRADES, MAINTENANCE AND INSTALLATION - (AT&T CORP. - $3,000,000.00). Sponsors:Primary David Yates (D-25) Attachments: R-123-20 V.1 100820 911 SYSTEM SUPPORT - (AT&T CORP. - $3,000,000.00).pdf AT&T Corp Agreement FY21.pdf RES 101 2020.pdf A motion was made by Vice Chair Piagentini, seconded by Committee Member Purvis, that this Resolution be recommended for approval. The following spoke to this item: - Michael Bennett, Emergency Management Agency - Chair Person Yates The following was discussed: - The contract is for support and maintenance of Louisville Metro Emergency Services 911 systems. - AT&T is Louisville Metro's only localized exchange carrier and routes 100 % of the calls for Louisville Metro/Jefferson County. - AT&T is a total solution support provider that includes support, maintenance, and installation as it relates to the 911 managed solution. - AT&T solution support also includes a one hour response time for system support in the event of issues. - This contract helps to provide Metro Emergency Services with a stable and efficient response system and support provider. The motion carried by a voice vote and the Resolution was sent to the Consent Calendar. Louisville Metro Government Page 4 Labor and Economic Development Action Summary - Final October 13, 2020 Committee 4. R-124-20 A RESOLUTION APPROVING THE GRANTING OF LOCAL INCENTIVES TO VR VERTICAL, LLC AND ANY SUBSEQUENT ASSIGNEES OR APPROVED AFFILIATES THEREOF PURSUANT TO KRS CHAPTER 154, SUBCHAPTER 32. Sponsors:Primary David Yates (D-25) and Primary Anthony Piagentini (R-19) Attachments: R-124-20 V.1 100820 LOCAL INCENTIVES - VR VERTICAL, LLC.pdf OFFICE OF THE MAYOR.pdf Sonic Electronix, Inc.-Board Summary (1).pdf RES 102 2020.pdf A motion was made by Vice Chair Piagentini, seconded by Committee Member Engel, that this Resolution be recommended for approval. The following spoke to this item: - Alex Mercer, Louisville Forward - Chair Person Yates The following was discussed: - This item is to approve local incentives for Sonic Electronix, Inc., which is an online electronics retailer. - Sonic Electronix, Inc. sells car audio and other audio equipment. - The company was founded in 2000 in California and relocated to Louisville Metro in 2016 in District 11. - This location is also closer to its distribution facility in Riverport. - The company plans to invest $683,000 into its facility and hire 60 new employees with benefits and an hourly wage of $27.50. - This is another testament of businesses drawn to the area by UPS Worldport being in the community. - This Resolution covers both State and Local incentives. The motion carried by a voice vote and the Resolution was sent to the Consent Calendar. Louisville Metro Government Page 5 Labor and Economic Development Action Summary - Final October 13, 2020 Committee 5. R-125-20 A RESOLUTION RATIFYING AND APPROVING A COLLECTIVE BARGAINING AGREEMENT (THROUGH JUNE 30, 2021) RELATING TO WAGES, BENEFITS, AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT AND THE RIVER CITY FRATERNAL ORDER OF POLICE LODGE #614, POLICE OFFICERS AND SERGEANTS. Sponsors:Primary David Yates (D-25) and Primary Anthony Piagentini (R-19) Attachments: R-125-20 V.1 100820 Collective Bargaining Agreement for FOP 614.pdf Collective Bargaining Agreement for FOP Police Offc and Sgt - 10-2-2020 thru 6-30-2021.pdf 1. FOP CBA Council responses 10-26-20.pdf 2. Item #28 Supplemental Document.pdf 3. FOP Summary of Changes for Metro Council.pdf 4. Side-by-Side CBA Comparison.pdf 5. Follow-up Council Question from 11-2-20.pdf 6. Follow-up questions on CBA from Special LED Meeting - combined - final.pdf RES 106 2020.pdf A motion was made by Vice Chair Piagentini, seconded by Committee Member Engel, that this Resolution be recommended for approval. The following spoke to this item: - Chair Person Yates - Vice Chair Piagentini - Committee Member Dorsey - Council Member Sexton Smith - Committee Member McCraney - Committee Member Winkler - Council President James - Council Member Coan - Council Member Hollander - Daniel Frockt, Office of Management and Budget - Interim Chief Yvette Gentry, Louisville Metro Police Department - Lieutenant Colonel Shara Parks, Louisville Metro Police Department - Ryan Nichols, River City Fraternal Order of the Police - Penny Bland, Metro Human Resources and Labor Negotiations - Mike Carrell, University of Northern Kentucky The following was discussed: - The previous Collective Bargaining Agreement expired on June 30, 2018. - The agreement associated with this resolution will expire on June 30, 2021. - This agreement covers approximately 1,071 filled positions. - Negotiations halted during the beginning of the COVID-19 pandemic. Louisville Metro Government Page 6 Labor and Economic Development Action Summary - Final October 13, 2020 Committee - Several extensions have been reached during negotiations which will expire December 31, 2020. - This short term agreement will not extend past January 21, 2021. - Some changes and recommendations will need to be revised in accordance with the Breonna Taylor settlement reforms. - Recruitment pay will increase from $39,186 to $45,600, and a $5,000 housing down-payment incentive in specific Census tracts. - All officers received a 2% raise in the contract, overall just over 8% raise in total. - Insurance plans increased. - These measures have been taken to address retention and recruitment efforts. - These updates to the agreement avoid additional funding from the Louisville Metro Police Department general budget. - This Collective Bargaining Agreement was approved on October 1, 2020 by 79% of the FOP membership and forwarded to the Metro Council. - No additional appropriation has been made for Louisville Metro Police Department due to a loss of officers. - Questions regarding next steps to make sure all factors are finalized and met. - Discussion on holding a public hearing for community to speak to proposed factors. - Questions regarding creation of a management document that includes Metro Council guidance, State requirements, and recommendations. - Questions surrounding competitive pay gaps. - Questions regarding recruiting and attracting the most qualified officer candidates. - Some questions surrounding the housing incentive and the components of the overall plan. - River City FOP welcomes community input on policy issues, public safety, transparency, accountability, and reforms. - Louisville Metro Police Department retains the right to manage the employees of its department in line with the Collective Bargaining Agreement. - Questions regarding the extended negotiations, however, most Collective Bargaining Agreements customarily extend the span of two years or so. - Discussion on details held within the Collective Bargaining Agreement and reforms that do not address community unrest. - Discussion regarding operational reform versus policy reform being included in the Collective Bargaining Agreement. - Questions regarding the Breonna Taylor reforms not being included in the present legislation before the Committee. - Discussion on the document exempting the police in many areas with the current state of civil unrest in the community. - State requested reforms - Metro Council requested reforms - Professional Standards Top-to-Bottom review - The police bill of rights would have to be changed in order to add requested reforms - Discussion on adding all reforms would require the negotiation team to return to the beginning of negotiations. - Discussion on management rights, etc. and creating a document to include all reforms voiced from the State, Metro Council, Louisville Metro Police Department, and community leaders. - Discussions on collective balanced trust, solving complex policy issues, and Louisville Metro Government Page 7 Labor and Economic Development Action Summary - Final October 13, 2020 Committee regaining public trust. - Discussion on reforms that will not compromise public safety and will reinforce public trust and transparency. - Discussion on Police Accountability. - Paid Administrative Leave, departmental controls, diversity, conditions of employment, recruiting and training details must be updated within the contract. - Questions surrounding the clause that states officers will not experience layoffs during the duration of the bargaining negotiations; it was stated that these clauses are common throughout the country. - Questions regarding the review of citizen complaints. - Requests for email responses that may cover all areas discussed today to Committee Members. - Discussions on Campaign Zero, past misconduct investigations, limits to police accountability, and the detail that Louisville Metro has several shortfalls in the current agreement. - Discussions on the diversity and demographic makeup of the negotiation committee both from the Louisville Metro Police Department and Metro Government. - Discussions on additional policy and procedural changes and the timeline for the outcome of the Professional Standards Unit investigation of the Breonna Taylor shooting. - Discussion on receipt of the reform spreadsheet being sent to Committee Members. - Questions regarding recruitment and retention of officers in the last three years and the downward trend of inability to recruit and/or retain officers. - Discussions on including Metro Council Members on work group for community information document. - Questions on drug and alcohol testing policies for officers. - Questions on the list of Breonna Taylor settlement reforms and information sharing with River City FOP negotiation team. - Request to send questions to Chair Person Yates so a compilation can be created. A motion was made by Committee Member Dorsey, seconded by Committee Member Engel, that this Resolution be tabled. The motion to table carried by a voice vote. Adjournment Without objection, Chair Person Yates adjourned the meeting at 4:54 p.m. *NOTE: Items sent to the Consent Calendar or Old Business will be heard before the full Council at the Metro Council Meeting on October 22, 2020. Louisville Metro Government Page 8

Agenda

601 W. Jefferson Street Louisville Metro Government Louisville, KY 40202 Meeting Agenda - Final Labor and Economic Development Committee Chair David Yates (D-25) Vice Chair Anthony Piagentini (R-19) Committee Member Keisha Dorsey (D-3) Committee Member Donna Purvis (D-5) Committee Member Paula McCraney (D-7) Committee Member Markus Winkler (D-17) Committee Member Robin Engel (R-22) Tuesday, October 13, 2020 3:00 PM Council Chambers Call to Order Roll Call Pending Legislation 1. R-117-20 A RESOLUTION PURSUANT TO THE CAPITAL AND OPERATING BUDGET ORDINANCES, APPROVING THE APPROPRIATION TO FUND THE FOLLOWING NONCOMPETITIVELY NEGOTIATED PROFESSIONAL SERVICE CONTRACT FOR LMPHW CONCERNING ITS EMPLOYMENT OF A LABORATORY DIRECTOR - (UNIVERSITY OF LOUISVILLE - $51,079.00). Sponsors: Primary David Yates (D-25) Attachments: R-117-20 V.1 091720 LMPHW - LABORATORY DIRECTOR - (UNIVERSITY OF LOUISVILLE - $51,079.00).pd U of L Lab Director Legislative History 9/17/20 Metro Council assigned to the Labor and Economic Development Committee Action Required By: March 2021 Louisville Metro Government Page 1 Printed on 10/12/2020 Labor and Economic Development Meeting Agenda - Final October 13, 2020 Committee 2. R-121-20 A RESOLUTION DETERMINING EIGHT LOTS ON SHAGBARK ROAD IN LOUISVILLE, KENTUCKY SHOWN ON EXHIBIT "A" ATTACHED HERETO OWNED BY THE LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT ("METRO GOVERNMENT") SUCCESSOR TO THE CITY OF LOUISVILLE, KENTUCKY, AS SURPLUS AND NO LONGER NEEDED FOR A GOVERNMENT PURPOSE AND AUTHORIZING 3411, 3413, 3415, 3417, 3418, 3419, 3420 AND 3423 SHAGBARK ROAD ALL IN METRO LOUISVILLE, KENTUCKY (THE "LOTS") TO BE CONVEYED TO HABITAT FOR HUMANITY TO BE DEVELOPED AS LOW INCOME HOUSING. Sponsors: Primary Jessica Green (D-1) Attachments: R-121-20 V.1 100820 RES - HABITAT FOR HUMANITY.pdf Legislative History 10/8/20 Metro Council assigned to the Labor and Economic Development Committee Action Required By: April 2021 3. R-123-20 A RESOLUTION PURSUANT TO THE CAPITAL AND OPERATING BUDGET ORDINANCES, APPROVING THE APPROPRIATION TO FUND THE FOLLOWING NONCOMPETITIVELY NEGOTIATED SOLE SOURCE CONTRACT FOR METROSAFE CONCERNING 911 SYSTEM SUPPORT, UPGRADES, MAINTENANCE AND INSTALLATION - (AT&T CORP. - $3,000,000.00). Sponsors: Primary David Yates (D-25) Attachments: R-123-20 V.1 100820 911 SYSTEM SUPPORT - (AT&T CORP. - $3,000,000.00).pdf AT&T Corp Agreement FY21.pdf Legislative History 10/8/20 Metro Council assigned to the Labor and Economic Development Committee Action Required By: April 2021 4. R-124-20 A RESOLUTION APPROVING THE GRANTING OF LOCAL INCENTIVES TO VR VERTICAL, LLC AND ANY SUBSEQUENT ASSIGNEES OR APPROVED AFFILIATES THEREOF PURSUANT TO KRS CHAPTER 154, SUBCHAPTER 32. Sponsors: Primary David Yates (D-25) and Primary Anthony Piagentini (R-19) Attachments: R-124-20 V.1 100820 LOCAL INCENTIVES - VR VERTICAL, LLC.pdf OFFICE OF THE MAYOR.pdf Sonic Electronix, Inc.-Board Summary (1).pdf Legislative History 10/8/20 Metro Council assigned to the Labor and Economic Development Committee Action Required By: April 2021 Louisville Metro Government Page 2 Printed on 10/12/2020 Labor and Economic Development Meeting Agenda - Final October 13, 2020 Committee 5. R-125-20 A RESOLUTION RATIFYING AND APPROVING A COLLECTIVE BARGAINING AGREEMENT (THROUGH JUNE 30, 2021) RELATING TO WAGES, BENEFITS, AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT AND THE RIVER CITY FRATERNAL ORDER OF POLICE LODGE #614, POLICE OFFICERS AND SERGEANTS. Sponsors: Primary David Yates (D-25) and Primary Anthony Piagentini (R-19) Attachments: R-125-20 V.1 100820 Collective Bargaining Agreement for FOP 614.pdf Collective Bargaining Agreement for FOP Police Offc and Sgt - 10-2-2020 thru 6-30-2021.pdf Legislative History 10/8/20 Metro Council assigned to the Labor and Economic Development Committee Action Required By: April 2021 Adjournment Note: Agendas are followed at the discretion of the Chair. While an item may be listed, it does not mean all items will be heard and/or acted upon by the Committee. Louisville Metro Government Page 3 Printed on 10/12/2020