Number
111187
Version
ORIGINAL
Reference
110874
110300
Sponsor
ALD. MURPHY
Title
Resolution relating to the plan design of the City’s health care coverage plans and the premium contribution rates for certain employees in the police service.
Analysis
Section 62.50(10), Wis. Stats., requires a prior written recommendation of the Board of Fire and Police Commissioners prior to a reduction of the compensation of members of the Police and Fire Departments. Adoption of Common Council File Number 110300 on July 26, 2011, arguably reduced the compensation of members of the police and fire departments. No written recommendation from the Board was received prior to adoption.
The board met in October 2011 and voted to recommend the changes in health benefits provided to members of the police and fire departments except for members of the Milwaukee Police Association (MPA).
The resolution in File Number 110874, adopted on November 2, 2011, rescinded File Number 110300 insofar as it applied to all members of the Police and Fire departments who are eligible for group health coverage on January 1, 2012, and reenacted it for these personnel with no other effect on File Number 110300.
The Commission met on December 15, 2011, and voted to recommend to the Common Council that the provisions of File Number 110300 be made applicable to the MPA. That recommendation has been forwarded to the Common Council in writing.
This resolution rescinds File Number 110874 insofar as it applies to members of the Milwaukee Police Department represented by the MPA, and reenacts it for all members of the MPA with no other effect upon File Number 110874.
Body
Whereas, The City is interested in sustaining quality health benefits for all City employees and retirees at the most affordable costs to City employees, retirees, and the City; and
Whereas, The Department of Employee Relations (DER) has recommended new group health care coverage benefit plan design changes for all City employees and retirees beginning January 1, 2012, with specific deductibles, co-insurance, co-pay, and out-of-pocket maximums for both a self-insured Exclusive Provider Organization plan and for a Basic Plan/Preferred Provider Organization plan as described by the DER in a communication dated July 13, 2011, and in a document entitled, “Summary of Health Insurance Benefits for City of Milwaukee,” which documents are attached to this file; and
Whereas, The DER has recommended that all active City employees pay up to 12% of their total 2012 health plan premium costs as described in the attachment to this file titled “2012 Rate Chart for Active Employees” for the bi-weekly contribution rates that will apply effective January 1, 2012; and
Whereas, Section 62.50(10), Wis. Stats. provides that the salary or compensation of members of the Police and Fire departments may not be reduced without a previous written recommendation for the reduction from the Board of Fire and Police Commissioners to the Common Council; and
Whereas, Members of the Police and Fire departments may claim that the above-referenced group health care coverage changes constitute reductions in salary or compensation and this issue has not been decided by the Wisconsin courts; and
Whereas, On July 26, 2011, the Common Council adopted and on August 4, 2011, the Mayor signed Common Council File Number 110300, approving the January 1, 2012, health care coverage plan design changes and premium contributions without a prior written recommendation from the Board of Fire and Police Commissioners; and
Whereas, In October of 2011, the Board of Fire and Police Commissioners voted to recommend these changes for all members of the Milwaukee Police and Fire Departments, sworn and unsworn, including employees represented by the Milwaukee Police Supervisors’ Organization and the Professional Firefighters’ Association, Local 215, but excluding employees represented by the Milwaukee Police Association (MPA), which bargaining unit was at that time still engaged in collective bargaining with the City; and
Whereas, The Common Council on November 2, 2011, through the adoption of File Number 110874, rescinded and reenacted, as described more fully in that resolution, portions of File Number 110300 as it pertained to all members of the Milwaukee Police and Fire Departments after receipt of the above-referenced recommendation from the Board of Fire and Police Commissioners; and
Whereas, The Board of Fire and Police Commissioners met on December 15, 2011, and voted to recommend to the Common Council that the same provisions of the health benefit plan design attached to File Number 110300 be applied to members of the MPA, including employee premium contribution provisions and plan design changes, all in the same manner as made applicable to other sworn and civilian members of the Fire and Police Departments by File Number 110874, and has communicated that recommendation, a copy of which is attached to this file, in writing to the Common Council before its consideration of this resolution; and
Whereas, It is the Common Council’s intent that formal action by it be taken to make group health care coverage benefit plan design changes and employee premium contributions originally approved for all City employees in File Number 110300, then reenacted as to all members of the Milwaukee Police and Fire Departments in File Number 100874, applicable to all employees represented by the MPA in a manner that ensures compliance with the potential requirements of s. 62.50(10), Wis. Stats., now that the Common Council has received from the Board of Fire and Police Commissioners its recommendations that the above-referenced changes be applied to employees represented by the MPA; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that File Number 110874 is rescinded solely insofar as it applied to employees of the Milwaukee Police Department represented by the MPA who are eligible for group health care coverage on January 1, 2012, and is reenacted for these same MPA personnel with no other effect upon File Number 110874.
Drafter
LRB 136175-1
Richard L. Withers
12/16/2011