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Following a single Facebook thread with residents discussing Sudbury police compensation and staffing shortages on social media, some of the noise translated into a few emails to the Select Board. Select Board Chair, Jennifer Roberts, opened the board’s Tuesday meeting with a statement about the situation:
“I’ll start by recognizing that the Select Board has received a few emails this week from residents concerning staffing and compensation of the Sudbury Police Department. So I want to highlight that the Town of Sudbury immensely values all of our police officers and all our public safety employees. I, for one, am incredibly grateful for all the hard work they do day in and day out. Public safety is always a top priority. We do take the concerns seriously and the circumstances are being examined. However, at this time, I cannot say more about this topic related to compensation as we are in active contract negotiations with multiple Sudbury public safety unions.” (1:43)
The chatter was largely driven by a Facebook post announcing the cancellation of Public Safety Day by the Sudbury Police Association. (Full story here.) Some residents, including elected and former elected officials who have experience with collective bargaining procedures, had argued on social media that American Rescue Plan Act (ARPA) funds should be used to provide some type of one-time bonus to public safety employees, including police officers. They went on to encourage residents to write the Select Board.
After Roberts made the statement at the top of the meeting, the other four members of the Select Board steered clear of the topic during the ARPA agenda item. If the board were to start discussing one-time bonuses from ARPA funds during open meeting, it could throw a wrench into ongoing negotiations, or cause a stir regarding recently-settled contracts with other unions.
The Select Board’s restraint is consistent with the Town Charter, which states the Town Manager has the power, duty and responsibility: “to be responsible for the negotiation of all contracts with town employees over wages, and other terms and conditions of employment, except employees of the school department; such contracts shall be subject to the approval of the board of selectmen. The town manager may, subject to the approval of the board of selectmen, employ special counsel to assist in the performance of these duties.”
Their approach is also consistent with general guidance provided by the Massachusetts Select Board Association (MSA). Their Select Board Handbook calls for the Select Board to rely on the Town Manager to take the primary role in negotiations:
“Contract negotiation, or interest bargaining, is a process that can last more than a year — or sometimes two or more — especially during lean economic times. While the Select Board typically operates as the employer under the law, the board is usually represented at the bargaining table by the town manager or administrator and/or counsel. The union will almost always be represented by a professional negotiator or by an employee who has substantial experience in bargaining, so a Select Board member who actively participates in negotiations can put the town at a significant disadvantage, particularly if he or she has no collective bargaining experience. If board members are going to participate in contract negotiations, they should understand that it is a complex process, particularly when negotiating wages or other financial increases. It is best to rely on the town manager or administrator to play a primary role.”
The Select Board, as the MSA handbook says, could provide some goals for the Town Manager:
“The most important role of the Select Board in contract negotiations is establishing the parameters or goals for the negotiations. Generally, this means starting several months before a collective bargaining agreement expires, working with the town manager or administrator and financial professionals to establish fiscal parameters, identifying the amount of revenue projected to be available, and calculating the true cost of wage or benefit increases.”
However, those goals would almost always be discussed in executive session. Once again, the MSA handbook has the relevant guidance: “Once the board develops a bargaining agenda, those charged with negotiating at the table will have clear objectives and parameters, which can dramatically simplify the bargaining process. The Open Meeting Law allows the Select Board’s meetings about collective bargaining strategy to be confidential (executive session). Disclosing confidential material to others is a violation of the state’s conflict-of-interest law, not to mention that such disclosure can undermine the town’s bargaining position.”