A fact-finding hearing, part of the negotiation process as provided by State law, was held in May and the report was issued on June 24, 2004. The parties have operated without a contract since January. The City has settled contracts with three of the five unions and is currently in negotiations with the fourth. On Aug. 10, the Wichita City Council received the report of the Fact Finder and set a hearing date to consider the recommendations of the City Manager and the FOP Union.

"One of the foremost priorities to the City of Wichita is the safety of its citizens," said City Manager George Kolb. "Public safety is very important to the City. Funding for police has, in more favorable economic times, reflected a priority commitment on the part of the City. However, during a period of declining revenues and economic downturns we must look at what is best, fiscally, for the organization, for the community, and for the city as a whole. If we do not, we will be forced to look at unacceptable options such as cutting police services or raising taxes or a combination of the two. Such options are painful and contrary to the best interests of Wichita."

The City’s commitment to public safety is reflected in the addition of 197 new positions over the past 12 years. Grant supported positions and programs have been incorporated into the local budget. Additionally, funding has been allocated for new equipment and the purchase of a state-of-the-art helicopter and a bomb truck.

The City of Wichita and the FOP have not negotiated a contract to succeed the contract that expired December 2003. After an impasse in negotiations was declared and mediation was unsuccessful, in late December, a Fact Finder was appointed to review outstanding issues.

The Fact Finder’s recommended award failed to recognize that the cost to the City was prohibitive. To compound the impasse, the FOP re-opened all of its original demands that had previously been resolved and tentatively agreed to. Their demands included a 5% cost of living wage hike and binding arbitration, both of which were unacceptable to the City. When the 5% cost of living adjustment is combined with the current practice of granting 2.5% step increases the result is a 7.5% wage hike in 2004. The Fact Finder’s recommendation would cost the City approximately $2,356,788 more than the resources budgeted for this bargaining unit in the 2004 and 2005 budget. The City does not believe it should reduce services, staff, or use fund balances to meet this type of excessive reoccurring financial obligation.

Given the current economic climate, the City offered a substantial package that is affordable. The package included a 2% cost of living adjustment and a 1% signing bonus to facilitate a settlement. Eligible FOP members already receive a 2½% step increase, meaning the majority of members would receive a total increase of 5½% with the City’s offer in 2004. This increase is more than City offers accepted by the unions that represent other employee groups such as City service, Airport and Transit employees. The contract with the Fire Union has not been settled.

The City of Wichita was particularly hard hit by the recent recession. National publications have ranked the impact on Wichita, due to our large aircraft industry, as the second worst in the entire nation. Compounding recent financial problems, the State of Kansas eliminated more than $6 million in recurring funding for the City in 2003. Signs of economic recovery are present in the local economy. However, with the loss of thousands of aviation jobs, it may take some time for City revenues to recover. As a result, the City simply does not have the financial resources to meet the wage expectations of the FOP.

By State law, the City Council, or a duly authorized committee of the Council, is required to conduct a hearing in which the parties are to explain their positions. Written recommendations for settling the dispute may be presented by both sides. Following the hearing, the City Council must take such action as it deems to be in the public interest, including the interest of the public employees involved.

The fact-finding report is unacceptable to City management due to its excessive cost and its failure to recognize the tentative agreements already reached by labor and management during negotiations. "The City does not believe that conclusions in the fact-finding report should be adopted by the City Council, as it does not reflect the position taken by the parties in bargaining and it makes recommendations on wages and other issues that were not in dispute at the conclusion of the collective bargaining process," said Kolb.

Kolb acknowledged that adoption of the fact-finding report would require layoffs, tax increases, or other cost cutting measures not contained in the 2004 or 2005 budget. To meet the FOP’s request, it is estimated that at least 30 officers would have to be laid off by 2005 to pay for their demands. This is not an acceptable option for the City.

City management wants to stress its appreciation and recognition for the many exemplary accomplishments of the Wichita Police Department and the many contributions it makes to the Wichita community. The financial offer made to police officers is reflective of the City’s ability to pay and its desire to not increase taxes to its citizenry.

The City will defend its position at a hearing to be held by the City Council. The hearing will be Tuesday, Aug. 31, at 9:30 AM, in the City Council Chambers. This will be a hearing and the facts and evidence pertaining to the City’s case will be a matter of public record at that hearing.

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