Montgomery County Organizational Reform

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)i> }i;> Montgomery County Organizational Reform Commission time. We believe that a collective bargaining system that results in more affordable contracts, without the need for last-minute take-backs, will ultimately lead to a more stable system and higher employee morale. County services can also be enhanced through more affordable labor contracts. We did not limit our review to recommendations that can be implemented with little difficulty. SomerecommendationscanbeimplementedbytheExecutivewithoutachangein current law. Some recommendations would require the enactment of legislation by the CounciL Finally, some recommendations would require amendments to State law. Although we understand that changes to State law (such as the State Maintenance of Effort law, pertaining to public school funding) often require the consensus of elected officials from lawmakers both within and outside Montgomery County - the County's growing structural budget gap requires that we consider all possible solutions. Summary of Collective Bargaining Recommendations6 }i;> We recommend an increase in the public's ability to participate in collective bargaining negotiations by: 1) Publishing the opening negotiating proposals from both the County and each County employee union; 2) Requiring an evidentiary hearing before the arbitrator to be open to the public; and 3) Requiring the Council to hold a public hearing on the terms of the negotiated agreement before taking action on it. We also recommend eliminating the Executive's obligation to conduct "effects bargaining" with the union representing police officers, thereby making the scope ofbargaining consistent under each collective bargaining law. The resolution of bargaining impasses through arbitration greatly affects the collective bargaining process. We support the Council's recent enactment of Expedited Bill 57-10, Personnel - Collective Bargaining - Impasse Procedures on December 14,2010, which will require the arbitrator to evaluate and give the highest priority to the County's ability to pay for the final offers before considering a comparison of wages and benefits for other public employees. The Council's Government Operations and Fiscal Policy (GO) Committee recommended approval of the bill withan amendment on December 7,2010. Although the bill was later enacted by the Council without this amendment, we recommend that the Council reconsider this amendment that would require the arbitrator to assume no increase in taxes when determining the affordability ofthe final offers. 6 Reservation of Commissioner Dan Hoffman: I abstained from approval of this recommendation on the basis that the changes being recommended were beyond the scope outlined by the resolution creating the ORC The abstention was not due to the merits ofthe recommendation. - 34­

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