The Turlock Associated Police Officers union has filed a breach of contract lawsuit against the City of Turlock, after the union says the city failed to honor the expiration of a clause that took a portion of the union members' salary.
According to the TAPO President Officer Russell Holeman, the organization filed suit against the City of Turlock for continuing to enforce a sunset clause that had expired on Oct. 31, 2012.
The clause, which was part of a negotiated contract between TAPO and the City of Turlock since 2007, required TAPO members to contribute 9 percent of their monthly income towards the California Public Employees Retirement System. When the contract expired, the City of Turlock failed to honor the expiration date and continued to take the 9 percent from the members’ monthly salary, Holeman said, resulting in a $45,000 loss for TAPO members as a whole.
“We did not have a contract in place on Nov. 1, 2012, so the sunset clause had officially expired,” said Holeman. “The city chose not to enforce that and continued to take 9 percent throughout the month of November. Although we did have a new contract in place by Dec. 1, 2012 that we agreed to continue paying that 9 percent towards PERS, it should not have been taken out during the month of November.”
Although the City of Turlock did not honor the expiration of the monthly salary contribution by union members, the city did honor other expiring sunset clauses that occurred on the same date, such as a 4.5% equity adjustment given to all city employees.
“They were picking and choosing what aspects of the contract they wanted to honor,” said Holeman. “This course of action made it difficult to stay on the same page.”
After the error was discovered, TAPO filed a grievance claim with city personnel which was forwarded to Turlock City Manager Roy Wasden. According to TAPO’s legal representative Paul Konsdorf of Goyette & Associates, Wasden ruled against the grievance claim.
Members of TAPO then decided to file a breach of contract claim with the City of Turlock on May 2. The claim was not rejected, however, the City did not take action within a legal time frame of 45 days, thus passing the claim to the Stanislaus County Superior Court by operation of law. The case was filed with the Stanislaus County Superior Court on July 17.
“The city did not respond in one way or another,” said Holeman. “After looking at the agenda minutes from city council meetings since we filed our claim with them, nothing showed that they ever rejected it. The council never even voted on it, and so by default decided to take no action.”
Holeman also said that in previous negotiation contracts with the city, sunset clauses such as this one had been honored, and that it was evidently a decision to not honor it this time.
“We tried to work with the city, but they didn’t honor the contract and weren’t willing to work with us,” said Holeman.
The City of Turlock would not comment on the claim filed by TAPO.
“Due to pending litigation, the city has no comment at this time,” said Turlock City Attorney Phaedra Norton.
A hearing on the case is scheduled for 3 p.m. Nov. 25 at the Stanislaus County Superior Courthouse.
TAPO currently represents 94 men and women of the Turlock Police Department. To learn more about TAPO, visit turlockpolice.org.
The Fox got caught guarding the hen house !!
This action by the Turlock Associated Police Officers (T.A.P.O.) was NOT because of an oversight by the City Manager, Mayor and City Council but a manipulation of earned wages from employee’s pockets to enhance the general fund! STOP this game and play by the rules!
Stop cheating your Turlock Police Officers. They work hard and put their lives on the line. Even though the economy is showing signs of a turn around, you still won’t do the right thing. Turlock Officers are paid 16% lower than the average surounding agencies. Give them a fair contract now!
Be happy you have job because there are 10 guys out there willing to replace you with an equal skill set. I think they should cut your retirement all together and you’ll have to save like the rest of us. Hard to feel sorry for a bunch of whining crybabies.
Kind of harsh Jeeves.
I feel like the PD union members should just be happy that they do have jobs, in this economy not many people do. But either way they do deserve a fair contract, so Turlock please hear them out and give them just that.
Oh Jeeves.. You’re right, there are probably 100 people that would like to have a full police officers position at Turlock Police Department but the only problem is the applicants who seek these job are either not qualified or they unable to pass Turlock Police Departments training program. Don’t you recall Jeeves, even as a volunteer, one has a hard time succeeding in the law enforcement atmosphere.
Don’t be angry, like I said it’s not for everyone !
There are probably many out there that would love a job as a Police Officer. Unfortunately, not many qualify and even more can’t pass the backgrounds. Many more on top of that would not make the training program and can’t handle the stress. So that “10 people behind you” quickly becomes 0. City of Turlock, pay and treat your officers right. As a tax payer, it is good to know we have very well trained Turlock Police Officers protecting us. You guys deserve to be paid well! Keep it up guys.
Really? What percentage of Turlock officers hold a BA or higher? You guys seem to have an inflated sense of self-worth. (Don’t be Angry) I’m guessing you’re confusing me with someone else. I have no interest in law enforcement. I have interest in the City of Turlock paying its bills. I’m tired of Police and Fire draining the City budget only to whine when they’re told, “Whoa, its not ALL for you.”
Really? What percentage of Turlock officers hold a BA or higher? You guys seem to have an inflated sense of self-worth. (Don’t be Angry) I’m guessing you’re confusing me with someone else. I have no interest in law enforcement. I have interest in the City of Turlock paying its bills. I’m tired of Police and Fire draining the City budget only to whine when they’re told, “Whoa, its not ALL for you.”
Union crybabies stop your whining. I am sick and tired of public employees whining about their HUGE salaries $80-100k PLUS per year AND lifetime of benefits. Citizens who put their own wallet in front of their community and country is why our country is withering away. Hey leaching union members ponder this concept, I know it will be very hard for you to understand; If EVERYONE puts their own needs before a community, them we have no community – oh, but you wouldn’t want that, you’d be out of a job. We all have to sacrifice, ah…you scream ‘we are making huge concessions already!’! What a friggen joke. As one previous poster almost got right, there are a THOUSAND applicants willing to take your job in a heartbeat. The irony – police, personally conservative – ALWAYS vote for egg sucking liberal candidates, all you care about is yourself, meanwhile those liberal politicians you donated to and help elect are destroying this town, this state and our country. Drugs, prostitution, illegal immigrants, theft, rape and murder have came to Turlock… DOH! Oh crap, now I get it, that is good for you and your wallet isn’t it?
Jeeves your such an asshole.. seriously DO YOU HAVE A JOB?? WHAT ABOUT A LIFE. Every comment on this entire website i read i come across mr jeeves an HIS NEGATIVE thoughts on everything… seriously your soooo annoying… either your just spueing diarreah from your mouth or your being such a heartless asshole to the poor pacheco family. An any other person an their family if you feel they are below you.. seriously i cant see but a handful of people going to mourn you when your time comes. You are just so negative i cant see many people caring for you… are you always like this??? Can i offer advice??? There are many places you can get help an find out why you hate the world an why you pick on poor mourning families when you dont know them as far as you can throw them… i hope you get the help you need mr jeeves.. an a life as well..
Annoyed- that was great and i agree.. modesto has very good doctors who can get to the bottom of his negativoty to everything and everyone. Good luck to you jeeves. Praying for you to find the help.you need. :))
#teamprayforjeeves
Go team Pray4Jeeves!!!
Jeeves and other members of this community. Many are unaware that all city employees participate in the P.E.R.S retirement system not just Police and Fire. Comparing city positions and salaries to a larger city will give you a true perspective of whom is truly gleaning the fat from the general fund.
For this comparison, I will use the City of Turlock, Ca population 69,733 and the City of San Jose, Ca. population 984,299.
San Jose City Manager $227,975.00
Turlock City Manager $245,892.00
San Jose City Attorney $204,075.00
Turlock City Attorney $185,328.00
San Jose City Clerk $139,269.00
Turlock City Clerk $129,744.00
San Jose Police Officer II $97,198.00
Turlock Police Officer II $66,120.00
Maybe now after this illustration of comparing the City of Turlock to the City of San Jose your anger may not be directed at the line level police officer and fire personnel but towards your highly paid administration at City Hall. Show your displeasure with these outrageous wages by demanding a change from your Mayor and Council members.
Jeeves has no interest in law enforcement, for fear that he would actually have to work. It’s much easier to sit behind a keyboard spewing hate and discontent for those that protect him and would answer any call of service to him without question. Go figure: http://www.urbandictionary.com/define.php?term=jeeves&page=3 I think we all know why he calls himself Jeeves now!
Why is it spewing “hate” to suggest that Turlock officers are adequately paid when you consider Associate Professors at CSUS make less than Turlock’s officers. No one yet has answered what unique qualities or education these officers hold that sets them apart from hundreds (thousands) of other individuals willing to take their jobs. I’m sorry if you find the truth “hateful.” @ Annoyed, et al., save your prayers for Pacheco.
Wow, no argument since “T.A.P.O” member listed the sad but true dollar figures on the board. Wow, the city manager really makes that much? He must be working very hard to make 240,000 dollars a year. That’s over three police officers’ salaries. Crazy. Should be illegal but I guess not. Tell your council members people!!!!
Jeeves go dust somthing!! Vacuum or make the kids some breakfast.. no breaks for the butler. Back to work. Praying for you 🙂