The following is from the Portsmouth, NH City Council Meeting of Monday, December 6, 2010. In this segment Portsmouth NH City Councilor Ken Smith discusses his reasons for voting yes for the Police Union Contract and why Ken Smith thinks it's ok to give them raises during this Great Recession, saying it's not a raise, rather a cost of living increase in their pay - isn't an increase in pay a raise?! Who's he trying to fool?!
Smith 2:52
"Then it comes to what they have for days off, what a big misconception this one is. 63 days off I have been told they get off."
THE FACTS: Ranking officers, with 20 years service, get 63.5 days of paid possible leave as specified in the contract. The Ranking Officers Contract can be found at http://cityofportsmouth.com/hr/contracts/Police/RankingOfficersAssociation-exp6-30-14DRAFT.pdf
The Ranking Officers Contract specifies:
- 11.5 paid holidays. (Section 19 in Ranking Officers Police Contract)
- 30 paid days of vacation after 20 years of service* (Page 8, Section 21 in Ranking Officers Police Contract)
- 4 paid personal days (Section 20 in Ranking Officers Police Contract)
- 15 days of sick leave without loss of pay (Section 22 in Ranking Officers Police Contract)
- 3 days of funeral or emergency leave without loss of pay (Section 30 in Ranking Officers Police Contract)
Smith 5:27
"We do not have salary increases in these contracts. Let me say that again, there is not a salary increase in this contract. There is a COLA."
THE FACTS: COLA stands for Cost of Living Adjustment - an adjustment to wages (usually an increase) to keep up with inflation. No matter what you call it, it means ranking officers will receive more money. A COLA with a rolling 10 year average, obviously averages the last 10 years. The average for local inflation from 1999-2009 was 2.85% http://www.bls.gov/ro1/9150.htm. In 2009, inflation was negative -.7%. Clearly, using COLAs with 10 year rolling averages in a recession with expected low inflation is good way to receive overall higher salary increases. Remember, each increase builds on the last increase. Ranking Officers Contract specified that COLA increases can never go under 2% or over 5%. (Section 14 - Ranking Officers Contract).
Smith 3:29
"Sick leave, they are no longer entitled to have a buy out of em. Those days are gone. They can get 15 a year. But if they use more than 3, they can't even come back to work unless they have a doctor's note. You have to prove you are actually using it. Personal days .... they are allowed 4 and they are only allowed to take if it does not cause overtime - that's in the SOP..... Annual Leave, you can't take more than 2 weeks, according to the SOP, you have to make sure you are not causing overtime. "
THE FACTS: Ranking Officers get 15 paid days sick leave a year. An officer hired prior to 1990 can accumulate and sell back (within final 3 years) his/her unused sick time with no maximum limit. An officer hired after 1990 but prior to 1997 can accumulate and sell back no more than 150 days. An officer hired after Jan. 1 1997 can accumulate no more than 150 days and cannot sell back any days. (Section 22 Ranking Officers Contract). As of Jan 16, 2010, SOP for Portsmouth Police is not available on the Portsmouth City website - unable to verify.
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* This contract (Source: Portsmouth Ranking Officers Contract) gave already highly paid officers:
- Two immediate cost-of-living increases totaling just under 6%. Portsmouth will pay $500K more to the Ranking Officer’s union over 6 years. Click HERE for Herald article “Portsmouth will pay $500K more to police” 12/10/10, 3 days after Smith made these comments in the video.
- Automatic 10 year rolling average COLA increases guaranteed at 2% and capped at 5% - until the contract expires. (Section 14 in Ranking Officers Police Contract).
- Extra pay for academic degrees. $500 for an Associates, $1000 for a Bachelors , $1500 for a MA, MS, PhD or JD (Section 34 in Ranking Officers Police Contract)
- Longevity pay (Section 31)
- 11.5 paid holidays. (Section 19 in Ranking Officers Police Contract).
- 30 paid days of vacation after 20 years of service (Section 21 in Ranking Officers Police Contract).
- 4 paid personal days (Section 20 in Ranking Officers Police Contract).
- 15 days of sick leave without loss of pay (Section 22 in Ranking Officers Police Contract).
- 3 days of funeral or emergency leave without loss of pay (Section 30 in Ranking Officers Police Contract).
- Any duty requiring extension of the 8 hour work period will be considered overtime. (Section 15, 16 in Ranking Officers Police Contract).
- For off duty court appearances Ranking Officers are paid a three-hour minimum at time-and-a-half (Section 16A in Ranking Officers Police Contract).
- or off duty special assignments including parade or protection duty Ranking Officers are paid a three-hour minimum at overtime rate. (Section 16A in Ranking Officers Police Contract).
- Health insurance as specified by contract(Section 26 in Ranking Officers Police Contract).
- Dental coverage as specified by contract (Section 27 in Ranking Officers Police Contract).
- Liability insurance for actions arising out of improper performance including false arrest (Section 28)
- Life insurance (Section 29)
- Clothing Allowance as specified under contract (Section 32)
- Juniors leave before seniors if there is a reduction in rank. (Section 12 in Ranking Officers Police Contract).
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For Ranking Officers, here's how their vaction is earned based on their years of service, from Page 8, Section 21 of the contract:
- 10 days after 1st year
- 1 additional day per year after completing the 2nd year
- 20 days vacation after 12 years
- 30 days after 20 years
- With 1 year of service get 43.5 paid days off
- With 12 years of service get 53.5 paid days off
- With 20+ years service get 63.5 paid days off
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In the 2009 election, Councilor Ken Smith received the endorsement of the Police Union. He also serves on the Public Safety Commission, along with members of the Police Department. Is this a conflict of interests? You decide.
Ken Smith can be reached at his business, Maine-ly New Hampshire at 22 Deer Street in Portsmouth, NH, or by phone at work at (603) 422-9500 or at home at (603) 433-3148.