Agendas & Minutes

February 3, 2006

Bob Ruud Community Center – Room B
FRIDAY – 8:00 A.M.
FEBRUARY 3, 2006



1.    Call to Order, Pledge of Allegiance, and Welcome.

2.    Discussion and decision regarding agenda items.

3.    Public Comment. Action may not be taken on matters considered during this period until specifically included on an agenda as an action item (NRS241.020 (2) (C) (3).

4.    Discussion and decision regarding closed session concerning matters relating to the International Association of Fire Fighters (IAFF) contract negotiations.

5.    Closed session regarding matters stated above.

6.    Discussion and decision regarding any matters arising from closed session.

7.    Adjournment.

A quorum of Nye County Commissioners may be present at any Town Board meeting but they will not take any formal action.

Any member of the public who is disabled and requires accommodations or assistance at this meeting is requested to notify the Pahrump Town Office in writing, or call 775-727-5107 prior to the meeting.  Assisted listening devices are available at Town Board meetings upon request.




PRESENT:                             ABSENT:
Richard Billman
Laurayne Murray
Ron Johnson
Paul Willis
Ed Bishop

Mr. Billman called the Closed Session to order.


Mr. Billman welcomed everyone and introduced Mitch Brust.

Mr. Brust stated that there was a negotiation session held last week, which included the Town Chairman, the Chief, and himself.  He said prior to that meeting, a hearing with an arbitrator began with the intent of settling some issues.  Mr. Brust said he believed that there was one article that was agreed to but the rest were still outstanding.

Mitch Brust pointed out that the arbitration attorney reminded them that there was a provision (NRS 288) which allowed the arbitrator to recommend to the parties of both sides.  It was agreed that the arbitrator would give both parties 30 days.  If no agreement was reached by then, he would have each side submit their proposals he would make a decision.

Mr. Brust said he felt that the burden to reach middle ground was shifted to the Town and that they had achieved significant inroads on a lot of the articles.

Mr. Brust handed out charts to the board members, and then referred to Articles numbers 26 and 27 which addressed wages and health insurance.  He said the offer that arose from the January 26th meeting was fair and would be in the best interest of the Town and the employees if agreed upon.  He added that the offer was for three years and would provide for a 2% increase on July 1 and a 2% increase on January 1 for the first year; the second year of the contract would call for a 1½ % increase in July and a 1½% in January; and the
Special Town Board Meeting
February 3, 2006

same on the third year of the contract.   Mitch said it would save the Town money, because it would not be paying the four (4) percent for the full year.  

Mr. Brust said that the comparison of salary data with other jurisdictions showed that the Town was a bit behind.  He also mentioned the cost of living increase which would likely arise made this offer even more favorable.  

Concerning the Health Insurance Article, he noted that the Town’s health insurance increase was absorbed by the (IAFF) employees.  Mr. Brust stated that the Town picked up the increase for the general employees but not for the fire department employees, because the contract did not provide for it.   He said these employees were asking to be treated the same as the rest of the employees.

Mr. Brust thought they would request the Town to go back to July 2005 and increase the subsidy by $16.34, $14.84 and $21.33 respectively, depending on their dependent coverage.  He said this agreement also called for the Town to pay for any increases for the next two (2) years.  

He stated that unless the Board had issues with these two Articles, he, the Chairman and the Chief would try to close these two articles as presented.  

Mr. Johnson asked if they were not already into contract negotiations by virtue of the present discussion.

Mr. Brust confirmed that they had been in negotiations for some time now.

Ron Johnson said there was a member who was not present that had a conflict of interest concerning this matter; therefore, he was uncomfortable with this discussion and questioned whether discussing this issue was appropriate without this members’ presence.  

Mr. Brust stressed the importance of keeping this conversation strictly within the Closed Session to avoid inaccurate information being passed on.

Ron Johnson requested that the record show that he questioned whether or not it was fair that both sides were not present while this issue was being discussed.

Ed Bishop said that he too was not comfortable with this discussion, however; according to one NRS, it stated that as long as the discussion was concerning an entire group under the umbrella of the Union and not one specific employee, the member of the board is not required to excuse herself from the discussion.

Special Town Board Meeting
February 3, 2006

Mr. Brust again stated that they were going to try to reach an agreement on the two articles as they were presented.

Regarding the agreements already reached, Mr. Brust stated that the Union agreed to withdraw their proposal on Article 4.

He said they agreed to increase the Subsistence Allowance (Article 9) from $300.00 annually to $420.00.   The boot allowance went from $60.00 to $80.00 because the average cost per pair was over $100.00.  He said that, while boots were not necessarily needed every year, the monies would carry over to the next year.  

Mr. Brust said the Town would pay up to $175.00 for the Continuing Certification Card for their ACLS, which the employees had been required to pay.  Those who were exempt from paying would not be a cost to the Town.

Mr. Brust said they agreed that Sick Leave accrual for line employees (those working 24 hour shifts) would increase to 7 hours per pay period.   They also requested that Annual Leave be increased to 10 hours, but we agreed to increase it to 9 hours accrued per pay period, after 5 years of service.  

Mr. Brust continued that Article 21 was concluded prior to his involvement and it had been agreed, approved and signed off by both parties

He stated that the article on Progressive Discipline had so few changes that both parties decided to leave everything as it was and agreed to take any other changes off.

Other Forms of Leave Article 29
Mr. Brust said the only change to the Bereavement Leave allowed up to an additional three shifts off, if they pulled from their sick leave or their annual leave if they don’t have any accumulated sick leave.  He added that a written formal request would have to be submitted in order to receive the benefit.  

Article 36
Mitch Brust said they wanted a reduction in the amount of notice they had to give to take compensatory time off, but decided to withdraw that request.

Article 2
Requesting an additional Engineer; and Article 13 Union Business, Mr. Brust said they were asking 700 hours of additional time for which to conduct Union business at the Town’s expense. He thought these two articles could be concluded if he was encouraged to go forward.
Special Town Board Meeting
February 3, 2006

Articles 30 and 32
Mr. Brust said they initially proposed that a certain portion that deals with the Town’s ability to transfer the function or part of the function to another third party be stricken.  Mr. Brust stated that many hours were spent discussing and reviewing the current language in these two existing articles and it was finally arrived at what we have today.  He said the Town of Pahrump does not give up any right to transfer the function and the Town would be reasonable in trying to persuade new employers to take on the obligations of the contract.  Mr. Brust felt that this would leave the Town in a much better position from a management stand point, than what they had suggested.

Article 32 Transfer Function
Mr. Brust stated that under their proposal, a new employer would be required to meet the obligations of the current contract. He said even if IAFF are not their representatives at the time, any agreement that the Town or the new employer reaches must be to the satisfaction of IAFF.  Mr. Brust said that this article would be restrictive and he favored sticking to the exact language of the article as it was written.  He recommended that both Articles 30 and 32 remain as written.

In regards to article 9, Mr. Bishop asked that if the boot allowance was not used in one year it can be carried over to the next year, is that for one year only or would it be carried over for the entire three years.

Mr. Brust said yes the discussion was up to $160.00 it will be no more than $160.00 and he said that when it was written that it would indicate that it was not to exceed the $160.00.  He then stated that he was going to proceed as it was outlined.

Mr. Bishop said that according to NRS, no discussion or decision could be made in Closed Session.  He said they would have to adjourn, then reopen the regular session and take a vote.

Mr. Brust said unless there was some significant oppositon he was going to go forward.

Mr. Billman asked that he wait for Open Session where the Board could answer that question.

Mr. Brust said he did not know if he wanted the Board to open or answer the question.

Mr. Bishop said he could not violate the Open Meeting Law and could make no comment whatsoever.  He stated that the Board had trouble in the past and was being careful not to create any more problems with that law.

Special Town Board Meeting
February 3, 2006

Mr. Brust said he was not asking the board to violate the meeting laws but that his team was going to proceed at their next meeting on Monday, and that they were going to try to settle the issues as outlined.

Mr. Billman asked what time the meeting would be held.

Mr. Brust said that the meeting time was set for 10:00am.
Mr. Billman adjourned the Closed Session.

Respectfully Submitted,

Town Board Clerk





There is no backup posted for this meeting.