City Council

OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL EMERGENCY MEETING October 23, 2015 CITY GOVERNMENT - EMERGENCY MEETING OFFICIAL PROCEEDINGS OF CITY COUNCIL SAVANNAH, GEORGIA October 23, 2015 PRESENT: Mayor Edna Jackson, Presiding Alderman Tony Thomas, Chairman of Council Alderman Mary Osborne, Vice-Chairman of Council Aldermen Carol Bell, Mary Ellen Sprague, John Hall, Tom Bordeaux, Estella Shabazz City Manager Stephanie Cutter City Attorney Brooks Stillwell ABSENT: Alderman Van Johnson, II, Mayor Pro Tem Mayor Jackson called the meeting to order. She stated the reason for this emergency meeting was to discuss and respond to the Chatham County Commissioners vote today on the Police Merger and police officers raises. She stated she and this Council have always supported continuing the merger and negotiations have been ongoing for quite some time. She still stands by the continuation of the merger agreement. She then asked the Council members for comments and direction on how to respond to the County. Alderman Thomas stated that he agrees with her comments and he feels it is in the best interest of the County and the City to stay together. Alderman Tony Thomas stated he would like to make the following motion: To approve the Police Merger Agreement as passed by the County on September 11, 2015, subject to receipt by the City Manager of Certification from the County that it will pay its pro rata share of the Police Department raises through 2016 and that it will not terminate the agreement at the end of 2015. The motion was seconded by Alderman Hall. Mayor Jackson opened the floor for questions and comments: Alderman Bell stated she was under the impression that the County previously approved their share of the raises. Mayor Jackson replied the County Commissioners approved the motion today at their meeting and only approved it through 2015, not 2016. The Policy Committee’s recommendation was through 2016. Alderman Osborne asked Attorney Stillwell to clarify the agreement as it stands, the impact it will have and the agreed upon arrangements. Attorney Stillwell replied the current agreement dates back about 10 or 15 years, there was a frame work passed a couple of months ago that was negotiated by the County and City Managers about how we are going to proceed to a new agreement. There have been a great deal of negations and back and forth discussions as it relates to that agreement. The City and County have passed different versions of those agreements which are almost identical. The last agreement the City passed had a couple of changes most of which were technical language, but the most important of which stated the County would pay their pro rata share which is approximately 24.27 percent of the total expenses of their department which would be the share of the police department salary increases. Council passed the agreement six weeks ago and sent it over to the County, it was returned accepting the suggested changes. The only difference between the two documents was that the County took out the language which stated they would pay their pro rata 1 OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL EMERGENCY MEETING October 23, 2015 share of the police raises in 2015 and 2016. The City was informed by the County staff that they would not pay that amount. From the discussions with the County that have taken place since then, it was not a unanimous opinion from the Commissioners. There seems to be a 5 to 4 split vote on whether they are in favor of paying for the salary increases. Attorney Stillwell continued stating the City specifically requested that the County Commissioners receive the same information in reference to the Police raise proposal. Council had a very thorough presentation made by Karen Gwen on behalf of a committee appointed by the SCMPD and the Chamber to inform the City what needs to be done to retain and recruit officers. Council approved the increases at that point making them retroactive to July 1st and the City subsequently informed the County it would be done. At that point, the City Manager sent the County the information about the raises and asked staff to schedule a workshop or meeting for them to receive the same information from the presentation. It was stated that never occurred, not because the City didn’t ask but for some other reason. There were two different motions made by the County this morning additionally, there were some changes in the motion made. The motion made by Alderman Thomas adequately addresses the questions and concerns of the Commissioners on whether the City will or does approve the merger agreement. The County has been repeatedly informed that the City will approve their version of the agreement, if they approve to pay their pro rata share of the salary increases. Attorney Stillwell suggested the City get clarification from the County on the motion made to fund the salary increases but terminate the agreement as of year-end 2015. He stated what Council would be saying if they choose to approve the motion made by Alderman Thomas is that the City approves the merger but needs certification that the County will pay their share through 2016, the reason for 2016 is there is an agreement in the long form version agreement that a new formula will be negotiated between now and the end of 2016 that will cover it going forward. Alderman Osborne asked is there any way Council can receive clarification from the County on whether the motion to demerge passed. Attorney Stillwell replied the County can undo that but the City will not approve the merger unless it is reversed one way or the other. Alderman Bordeaux stated he finds this outrageous, foolish and a waste of time on every possible level at this point. He stated Council is present for an emergency meeting and there is no emergency in the City, there may be an emergency in the County as they don’t have a police department because they walked away from a merged department and the citizens in the Unincorporated County may feel there is an emergency. He stated Council is responding to rumors, the County may be unsure what they voted on in addition, Council is unaware what was voted on by the Commissioners as well. He continued stating if the County wants to walk away allow them to, as this has been going on for over a year and has been voted on previously. He stated in theory the agreement should work as we are one community, instead we have a County that doesn’t want to pay officers to put their lives on the line and protect the community. He concluded stating he understands why the City is trying to work with the County but ultimately he doesn’t feel it will work. Alderman Hall stated he feels the City should do everything in its powers to protect the citizens of the City of Savannah and the County. Alderman Shabazz stated she has always been in agreement with the City and County being merged. She stated this is a critical time in the City of Savannah, and it is not time for the two bodies to demerge. Alderman Sprague asked how much money will the County have to pay? City Manager Cutter replied $279,000 for 2015. A component of the pay and comp study has not been implemented as it relates to those costs associated with civilian employees within the MPD, but for 2015 it would be the cost of sworn and 2 OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL EMERGENCY MEETING October 23, 2015 civilian pay adjustments. Alderman Sprague asked what the County’s total budget is, as this cannot be a huge factor because the most important aspect of the City and County is being fought over. She continued stating the crime rate is going in the wrong direction and she is disappointed in everyone. She stated she is in favor of the motion made by Alderman Thomas, as it is extremely important for the two bodies to be merged as it is better for the citizens of Chatham County in terms of safety and feels Council should do whatever they can to make the merger work. Alderman Osborne stated as Council discusses the issue and hear there is not a unanimous decision from the Commissioners to merge or demerge alike, the citizens represented by the Commissioners have not had a voice, she asked is there any way to get feedback from the citizens. Attorney Stillwell replied if the County Commission elects to terminate the agreement at the end of the year which happened today, the details would have to be worked out between the Managers on how it would be implemented. It would be complex and cause a huge distraction from crime fighting; and would be hugely expensive to the citizens in the unincorporated area because they would have to pay the full capital cost of staffing and equipping a department they don’t have. He continued stating he believes the only assets they have are some police cars and two precinct stations. In addition, there is a state law which states if a County wishes to set up an independent police department there has to be a referendum County wide before doing so. There is an exception for County’s that have had a police department that dates back to the 1950’s or 60’s, which has been continuously operated. He stated he thinks it’s very questionable if the County would be able to take the position that the merged department counts as a continuously operative department and he doesn’t think that is correct but it would be for a Court to decide if a citizens brought suit against them. He stated the County has another option to turn their police function over to the Sheriff and let them run the department. Alderman Bell stated she was not on Council when the agreement went into effect but feels strongly that a merged police department is in the best interest of not only the City but the County as well. Mayor Jackson read a portion of a letter sent over this afternoon on behalf of the Chairman and Board of Commissioners which stated, “Please find below the motion made and approved today in our regular meeting that the County in any and all negotiation discussions with the City of Savannah regarding a merged police department effective immediately and thereby instruct the County Manager to notify in writing, the City of Savannah that the County withdrew its offer and no more negotiations regarding a merged department will take place. In addition, this motion instructs the County Manager to immediately begin the process of hiring a fully staffed police department, acquire all the needed vehicles, weapons and everything else that’s needed and to have a goal to have all of this in place by the date that the current agreement actually expires.” Alderman Osborne asked Mayor Jackson who signed the letter. She replied the letter was signed by Lee Smith, County Manager. Mayor Jackson stated she has been on Council since the merger began and she has been and always will be for a merged police department. She agrees with Council that it has been going on for a long time and stated Council has voted over and over again for the continuation of the merger. She continued stating it’s not about Council it’s about the people, there needs to be a way for both bodies to stay merged and begin focusing on other issues. Mayor Jackson closed stating she would like to know if the decision made today by the County Commission is final. Alderman Bordeaux asked for clarification on the offer mentioned in the letter from the County. Mayor 3 OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL EMERGENCY MEETING October 23, 2015 Jackson replied the letter isn’t specific. Attorney Stillwell stated he believes it is referring to them withdrawing the approval of the merger agreement previously made. Alderman Bordeaux asked Attorney Stillwell if he is referring to the framework agreement. Attorney Stillwell replied no, they actually approved a draft of the final merger agreement about previously where they removed the language stating they would pay their share of the merger expenses. The final agreement does however, have language in it which states there are additions to services and cost which was approved by both parties. He stated what Alderman Thomas’ motion will do is require the County to certify to the City that they will in fact pay their share of those expenses if so, the agreement will be approved. He continued stating it is the City’s last attempt to make the deal work. Alderman Osborne stated with regard to the 5 to 4 vote and the statement made that the County Commissioners did not have an opportunity to receive the same information as the City the vote may have been different. She then asked who made the decision not to give the Commissioners the information? Attorney Stillwell replied he is unsure, but the City and Chamber requested that the County staff and Chairman have the presentation presented to them. Alderman Osborne stated that needs to be told to the citizens loud and clear as the City Council and County Commissioners are elected officials that are responsible for voting on various items and should be made aware of what it is they are voting on and the impact it could potentially have. She continued stating since they were denied the information Council received no one will ever know if the outcome could or would have been different if they had the information. Alderman Sprague asked to be clear if the police officers received the raise? Mayor Jackson and City Manager Cutter both replied yes. Alderman Sprague then asked is the City of Savannah currently paying 100% of the raises. City Manager Cutter replied yes. Alderman Sprague stated she still believes it is the right thing to do and she is saddened that the County has not chosen to join in what has been done. Attorney Stillwell stated Chief Lumpkin shared some information with him, that approximately a year ago the number of applications received to the merged police department was about 27 per month, by the end of the year after Chief Lumpkin joined the City of Savannah that number increased to the 50’s and 60’s, last month the number of applications received increased greatly to 152. It has radically turned around which allows the police department to fill their vacancies and be more selective in the officers they will take. There is no doubt that the raises have contributed and been greatly effective in doing that in addition to the turnaround of the leadership in the department. Alderman Thomas restated the motion for clarity stating he moved To approve the Police Merger Agreement as passed by the County on September 11, 2015, subject to receipt by the City Manager of Certification from the County that it will pay its pro rata share of the Police Department raises through 2016 and that it will not terminate the agreement at the end of 2015. Alderman Bordeaux stated Council is being asked to approve the motion as the County has approved it, and asked when the County approved the motion as he thought it was ended by the County today. Mayor Jackson stated according to what she read it is not in the letter but the salary increases was approved. Attorney Stillwell replied that is correct, but he believes the question Alderman Bordeaux is asking is when the agreement was approved by the County. Alderman Bordeaux replied he is trying to get clarity on which approval is being discussed. Attorney Stillwell stated after Council passed the merger, at the Commissioners meeting on September 11, 2015, the final version of the merger was approved in which the City accepted all 4 OFFICIAL PROCEEDINGS OF SAVANNAH CITY COUNCIL EMERGENCY MEETING October 23, 2015 provisions of except, at that time the County removed language which stated they would share the cost of the salary increases. He stated every word has been agreed upon with the exception of whether or not the County will share in the cost of the salary increases. The motion was seconded by Alderman Hall and was approved as follows: Voting in favor: Aldermen Bell, Osborne, Thomas, Sprague, Hall, Shabazz and Mayor Jackson. Council members went on the board to record their vote and then a Roll Call vote was taken as follows: In favor of the motion not in favor of the motion Bell yes Bordeaux no Osborne yes Thomas yes Sprague yes Hall yes Shabazz yes Mayor Jackson yes Motion carried seven (7) to one (1). Upon motion of Alderman Thomas, seconded by Alderman Hall and unanimously carried the Clerk of Council was directed to put today’s meeting in writing and deliver it to the City Manager who will in turn deliver a copy to the County Manager and County Chairman as soon as possible. There being no further business, Mayor Jackson declared this meeting of Council adjourned. Dyanne C. Reese Clerk of Council 5