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Committee advances FOP contract incorporating Act 111 arbitration award; public commenter raises accountability concerns

2176264 · January 30, 2025
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Summary

The committee voted to place a resolution on the Feb. 18 agenda to adopt changes from an Act 111 interest-arbitration award to the Fraternal Order of Police contract. A public commenter urged the council to consider additional accountability mechanisms after the arbitration removed a board-of-appeals step in discipline appeals.

The York City committee on Jan. 29 voted to place a resolution on the Feb. 18, 2025, legislative agenda that would incorporate changes from an Act 111 interest-arbitration award into the city's collective bargaining agreement with the Fraternal Order of Police (FOP).

Business Administrator Robertson told the committee the FOP contract changes follow an Act 111 interest-arbitration award issued Oct. 28, 2024. Robertson said the union and city negotiated but reached a stalemate, then proceeded to Act 111 arbitration; the arbitrator issued a binding award that the city and union are now incorporating into the contract language. Robertson said staff are still finalizing language with the union and expect to have a resolution ready for the Feb. 18 agenda; if not, the item will be pulled and returned when ready.

Council discussion during the committee centered on discipline and grievance procedures. One committee member read from the arbitration award that it removes the use of a board of appeals or trial board and reaffirms that an officer and/or the FOP may grieve and arbitrate disciplinary actions that are level 2 or above. That reading indicated disciplinary claims would proceed through the grievance process to the mayor and then, if unresolved, to binding arbitration under the Act 111 process.

During public comment, Manuel Gomez said, "It's a trend nationwide" for police unions to favor removing trial boards and boards of appeal, and urged the council to consider other accountability tools such as civilian review boards. Gomez noted past local coverage of alleged misconduct and said the community has other recourses available beyond the bargaining agreement.

The committee moved and seconded placing the contract-resolution on the Feb. 18 legislative agenda; committee members voted in favor and a council member on the phone (Felicia) confirmed her support. The committee chair reminded colleagues that only the members of the Fire & Police Committee (the chair, Council Vice President Buckingham and Councilwoman Dennis) would vote on the committee placement.

The Jan. 29 action advanced placement on the Feb. 18 agenda for the full council to consider adopting contract language that reflects the arbitration award. Committee members and staff noted that the final resolution would be submitted to the city clerk when contract language is complete.