SAN DIEGO
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The city of San Diego has to postponed its plan for allowing private businesses to compete with city workers for jobs – and Mayor Jerry Sanders is blaming City Attorney Michael Aguirre for the delay.
State Administrative Law Judge Thomas J. Allen issued a proposed ruling that the city violated its own rules and acted in bad faith during Sanders' negotiations with two city labor unions over the guidelines for “managed competition,” or outsourcing, which was approved by voters in 2006.
The city must now re-enter negotiations with the American Federation of State County and Municipal Employees Local 127, the city's blue-collar workers, and the Municipal Employees Association, the city's largest union. The process could take months.
Sanders said he followed Aguirre's advice in dealing with the unions.
“Unfortunately, we have to rely on the advice of an elected city attorney, and when that advice turns out to be bad, it puts us way behind,” Sanders said at a news conference yesterday.
In late 2006, after months of negotiations, the city made one last offer to the unions over the terms of outsourcing city jobs. An impasse was declared Dec. 1.
Aguirre advised Sanders and the City Council that there was no need for additional talks or a hearing for the unions and city to air their differences before the council. The judge said that was a mistake.
“Unfortunately, the city attorney's advice apparently helped to make sure that no proper impasse hearing occurred,” Allen wrote in his decision.
Aguirre said Sanders is making him a scapegoat.
“This is a time for the mayor to be a statesman and not a politician,” Aguirre said.
Aguirre said the city should file an appeal to clarify whether the mayor or the council has the power to decide the outcome of collective bargaining with the unions. Sanders called that a “subissue” and said he is not inclined to appeal.
Joan Raymond, president of Local 127, said “a lot of taxpayer money has been wasted with meetings that will now have to be redone.”
Ed Lehman, the negotiator for Local 127, said it is significant that the judge found Sanders' bargaining team acted in bad faith.
“Obviously, the mayor wants to focus on the flaws that the city attorney made, but the decision also indicates they have to bargain with us,” Lehman said. “It has to be a conversation – not just one-sided.”
Sanders has placed managed competition among his top cost-cutting measures, identifying 16 city functions – accounting for $120 million in budgeted expenses – that should be put out to bid.
The mayor had planned to bring the work descriptions for solid waste collection, street sweeping and the handling of greenery clippings before the council next month as a prelude to advertising the jobs. Now, because of the ruling, he's pulling the items from the agenda.
Ronald W. Powell: (619) 293-1258; ron.powell@uniontrib.com
