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Proposed FY Federal Legislative Agenda Earmark Requests

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Proposed FY Federal Legislative Agenda Earmark Requests Powered By Docstoc
					                       Proposed FY2011 Federal Legislative Agenda

Earmark Requests:

   Transit
   o Funding for NE Corridor -- $40,000,000
   o Support TIGER Grant for North Corridor Commuter Rail Project -- $300,000,000

   Police
   o Priority Offenders --$966,960
   o Emergency Communications Co-Location -- $5,000,000
   o Police Activities League Youth Initiative -- $260,000
   o Gang of One -- $1,050,000
   o Electronic Monitoring of Priority Offenders Under Court-Directed Probation -- $500,000

   Eastland Mall Site Flood Control Basin -- $1,000,000

   Briar Creek Outfall -- $4,000,000

Policy Issues:

   Transportation Policy Issues
   o Clearer direction about the relationship between states and urban area MPOs
   o Direct allocation to urban areas

   Transit Policy Issues
   o Inclusion of Transit Projects in Reauthorization of the Surface Transportation Bill
   o Support for proposed changes in Reauthorization of the Surface Transportation Bill

   Lobbying Against Mandatory Collective Bargaining for Public Safety Officers
                             FY2011 Federal Legislative Request

Project Request Name:        Charlotte Blue Line Light Rail Extension (BLE) – Northeast
                             Corridor

Funding Request:             $40,000,000

Requesting KBU:              Charlotte Area Transit System (CATS)

KBU Staff Resource:          John Muth

Detailed Description of Request:

Overview: CATS continues to implement its 2030 Transit Corridor System Plan to develop
primary transportation corridors, linking our area‟s key centers of economic activity. The Plan
supports development of pedestrian-friendly urban neighbors with a mixture of land uses, offers
people a choice in meeting their mobility needs, increases transit‟s share of the local travel
market, reduces Charlotte‟s dependence on overloaded and gridlocked roads, eases future air and
noise pollution and enhances the overall quality of life in the Charlotte-Mecklenburg area.

BLE-Northeast Corridor: The BLE light rail projects extends 11 miles from Center City
Charlotte through North Davidson Street and University City areas to I-485 northeast of the
UNC-Charlotte campus. As reported in September 2009, the project is currently in preliminary
engineering and has a placeholder cost estimate of $1.18 billion. The dual track system will be
considered an extension of the LYNX Blue Line with 13 stations. Through FFY2011, CATS
anticipates completing 65% preliminary engineering and receiving a Record of Decision (ROD)
and approval from the Federal Transit Administration to enter into the final design phase of the
project. Following the ROD, the project can begin procurement of right-of-way.

Request: The City of Charlotte is requesting $40 million from the New Start program within the
FFY2011 Transportation appropriations bill for the LYNX Blue Line Light Rail Extension –
Northeast Corridor Project

Council Focus Area: Transportation

Requested Before? Yes. The City of Charlotte has received $24.85 million in Federal Funding
for this project. An additional $24 million is currently being considered for FFY2010
appropriation.
                             FY2011 Federal Legislative Request

Project Request Name:        Support TIGER Grant for North Corridor Commuter Rail Project

Funding Request:             $300,000,000

Requesting KBU:              Charlotte Area Transit System (CATS)

KBU Staff Resource:          John Muth

Detailed Description of Request:

The MTC and City of Charlotte have passed resolutions requesting federal approval for a TIGER
grant in the amount of $300,000,000 for the North Corridor Commuter Rail Project if it becomes
evident in the federal grant process that the I-85/Yadkin River Bridge Project is ineligible for
TIGER grant funding.

The City of Charlotte and MTC request our Congressional Delegation to prioritize the North
Corridor Commuter Rail Project as a backup to the I-85/Yadkin River Bridge Project.

Council Focus Area: Transportation

Requested Before?
                              FY2011 Federal Legislative Request

Project/Request Name:         Priority Offenders

Funding Request:              $966,960

Requesting KBU:               Charlotte Mecklenburg Police Department (CMPD)

KBU Staff Resource:           Deputy Chief Kerr Putney

Detailed Description of Request:

The Charlotte-Mecklenburg Police Department places a significant emphasis on apprehension
and prosecution of violent offenders. The department has established a Priority Offender
Strategic Team to identify and prioritize these offenders for prosecution. The department wants
to identify chronic violent offenders in the three patrol divisions with the highest violent crime
rates by evaluating the criminal records of those offenders identified by officers and their
community partners. That evaluation would weight felony convictions, gun charges and recent
criminal activity. The District Attorney would hire a community prosecutor for each of the three
affected divisions to work directly with community members, police, and other governmental
agencies to develop strong cases against these individuals. CMPD would hire an Electronic
Monitoring Analyst to support the Priority Offender Strategic Team and would ask judges to
place these offenders on electronic monitoring if they are released on pre-trial bond or probation.

Funds would provide salaries and benefits for three community prosecutors and one Electronic
Monitoring Analyst for two years, leasing of 60 electronic monitors for two years and equipment
and supplies including laptop computers.

Council Focus Area: Community Safety

Requested Before?
                              FY2011 Federal Legislative Request

Project/Request Name:         Emergency Communications Co-Location

Funding Request:              $5,000,000

Requesting KBU:               Charlotte Mecklenburg Police Department (CMPD)

KBU Staff Resource:           Major Eddie Levins

Detailed Description of Request:

The City of Charlotte is exploring the co-location of the communication centers for public safety
agencies to include Police, Fire, Emergency Medical Services, and possibly the City‟s 311 Call
Center. One option that the city is considering is locating the center in an area where the city is
undertaking a major revitalization effort. Co-location of these functions would allow for some
efficiencies, both operationally and financially. Moving the Police Communications Division
from the Police Headquarters building will free up space and power in the headquarters building,
making that building functional for a longer period of time.

The requested funding will be used for the purchase and renovation of an existing building or
toward the purchase of land and construction of a building for the co-located facility

Council Focus Area: Community Safety

Requested Before?
                               FY2011 Federal Legislative Request

Project/Request Name:          Police Activities League Youth Initiatives

Funding Request:               $260,000
                               1) $150,000 for Contract Staff, Equipment, Space Refurbishment,
                               and Supplies for the establishment of a PAL Teen Center
                               2) $55,000 for Contract Staff, Equipment, Land Refurbishment,
                               and Supplies for PAL Horticulture Program
                               3) $55,000 for Contract Staff, Database and Website for Youth
                               Community Resource Specialist

Requesting KBU:                Charlotte Mecklenburg Police Department (CMPD)

KBU Staff Resource:            Major Vicki Foster

Detailed Description of Request:

The Charlotte-Mecklenburg Police Department is restructuring its Police Athletic League to a
Police Activities League which provides a broad range of programs to at-risk youth in this
community. The goal is to provide programs that help young people academically, introduce
them to possible career choices, and provide a broad range of supervised recreational activities
that extend beyond sports. CMPD wants the program to expose youth to positive role models
and give them the necessary skills to make appropriate life decisions while engaging them in
activities that they find interesting and fun

PAL seeks to establish and open a community based safe haven that would engage youth
between the ages of 13 -19 who reside within various Charlotte Mecklenburg underserved
communities. PAL‟s Teen Scene would aid in providing an unprecedented level of teen
engagement, as there are currently few teen specific programs within the Charlotte community.

Through this program, youth will learn the principles of multi-media production and will get
hands-on experience in multi-media production planning, advertising, directing, set design,
verbal/word pronunciation, make-up, camera set-up, camera focusing, film editing, radio & film
board operation, story boarding and so much more. The program‟s goal is to establish support
from local radio and television programs/networks in hopes of solidifying partnerships that
would allow PAL‟s Teen Scene to operate and host a weekly TV and Radio Show that would be
produced, directed, filmed, hosted and engineered by and for teens.

The Police Activities League would also like to start a Horticulture Program to teach youth, ages
10-16, about the various aspects of gardening, land beautification, plant/flower/tree
identification, soil treating, fertilization and garden design. Participants will learn the principles
of horticulture effective principles and gain hands-on experience in the various aspects of
gardening, horticulture, fruit and vegetable growing. They will also learn how to work as a team
in achieving their goals.

This program would establish a base of support from local farmers and horticulture enthusiasts
who would aid and assist our program and youth by incorporating an entrepreneurial spirit into
the program outline and curriculum. The youth will grow vegetables and fruits and would then
seek to set up and establish a weekly seasonal farmers market where they will be able to sell their
product for modest profits that would be used to sustain and grow the program.

As we work to expand the Police Activities League, we are reminded that there is no central
repository for information on all of the programs that provide services to youth in Charlotte-
Mecklenburg. Police, the Charlotte-Mecklenburg Schools, the Department of Social Services
and other agencies would find such a data base to be a valuable resource in linking young people
and their families with the resources they need to build healthy productive lives. To that end, we
would like to contract for a Youth Community Resource Specialist to collect data on all local
agencies that provide services to youth with an emphasis on grassroots organizations in
Mecklenburg County that work with “at risk” youth. Job duties would include:

       Creating a database that can be shared with the city and county to capture these
       organizations and what services they provide, what age groups they work with, program
       requirements, program costs, referral process, etc
       Making site visits for program evaluation to include checking physical locations, if the
       organization is registered with BBB, if it is a 501C3 corporation, if the organization has
       complaints filed against them, etc.
       Working with the Juvenile Crime Prevention Council (JCPC) , Department of Social
       Services (DSS) and the Community Relations Committee and other agencies that impact
       youth to develop a comprehensive brochure of services as well as a website to display
       services
       Developing a hotline number where parents can call to get information on what services
       are available for their youth. Information can also be used at 211 and possibly 311.

Providing one place that parents can call to receive information for youth services would provide
a higher level of customer service to parents than is currently available. Currently the City and
County have hundreds of organizations that provide youth services but no clearinghouse or
consolidated location where parents can receive information and assistance.

Council Focus Area: Community Safety

Requested Before? No.
                             FY2011 Federal Legislative Request

Project/Request Name:        Gang of One

Funding Request:             $1,050,000.00

Requesting KBU:              Police

KBU Staff Resource:          K. Frances Cook

Detailed Description of Request:

Established in 2004, Gang of One (G01) is the gang prevention and intervention initiative of the
Charlotte-Mecklenburg Police Department (CMPD) in partnership with local agencies and
citizens and local, state, and federal law enforcement.

In 2009-2010, G01 will expand current programs, convene a “best practice” Multidisciplinary
Gang Intervention Team, support new community-based programs, and initiate a longitudinal
assessment of programs. G01 will reduce juvenile crime, increase youth ability to resist gangs,
educate citizens about gangs, support youth in gang disassociation, and provide youth with
alternatives to gangs. Federal funds will be used to expand programs, support new programs,
and retain G01 staff.

G01 has established key partnerships with Charlotte-Mecklenburg Schools and the Department
of Juvenile Justice and Delinquency Prevention, adopted the OJJDP Gang Reduction Model,
replicated pilot programs throughout the metropolitan area, and helped establish the Gang
Prevention Coalition, a consortium of local agencies that are working in partnership with G01 to
address gangs in Mecklenburg County.

G01 started in the Eastway Division with a Hotline, 704.432.4264/GANG. Calls came into the
Hotline from the public and G01 staff met with youth and their families, referring them to local
gang resistance resources for support, whether an after-school program, athletic activity, or
employment service. In 2008-2009, G01 received over 600 calls. These calls included referrals
about youth in a gang or at risk of joining a gang, requests for education and information, and
anonymous tips for CMPD Officers. G01 completed 111 juvenile gang assessments, provided
23 youth with local gang resistance resources, and provided additional one-on-one support to 13
youth. G01 facilitated over 50 gang resistance trainings for youth and 75 gang education
workshops for adults, reaching over 8,000 participants. G01 also reached over 2,300 youth and
adults through its programs – Crossroads Teen Theater Project, Dangers Involved with Gangs
(DIG), No Easy Walk, Race 2 Inspire, Stimulate & Educate (RISE), Truancy/Safe
Neighborhoods, Weed and Seed Truancy Court, STG Reentry Case Management, and Youth
Violence Prevention Conference.

Council Focus Area: Public Safety

Requested Before? Yes. Gang of One was awarded $950,000 by the Department of Justice in
FY09. Since 2004, Gang of One has raised $2,887,441 in grant funds. These grants have
required a match from the City of Charlotte in the amount of $68,977.66 (2%). Grants support
all personnel and programs with the exception of the G01 director‟s position.
                             FY2011 Federal Legislative Request

Project/Request Name:         Electronic Monitoring of Priority Offenders Under Court-Directed
                              Probation

Funding Request:              $500,000

Requesting KBU:               Police

KBU Staff Resource:           Deputy Chief Ken Miller

Detailed Description of Request:

For nearly two years, the CMPD has implemented an effective electronic monitoring program of
violent and chronic offenders, on pre-trial release, associated with crimes such as robbery,
aggravated assault, burglary, auto theft and larceny from auto. The program is implemented in
coordination and cooperation with the Mecklenburg County District Attorney‟s Office, and
Mecklenburg County Courts, with a current daily average volume of 210 offenders. The
program combines GPS technology with curfews, territorial restrictions and supervision to
reduce recidivism by offenders, and the current success rate of compliance is over 88%. The
GPS technology also produces sufficient data to enable the CMPD to compare an offender‟s
location and time with the location and time of a crime. In 2008, the CMPD was able to
implicate and quickly arrest priority offenders in 96 criminal offenses based solely on the leads
developed through this automated comparison process. In 2009, the CMPD has seen a sharp
reduction in each of these offense types

There is a significant gap in our ability to prevent chronic offenders from recidivating once they
are put on probation, as the Division of Community Corrections does not utilize similar
equipment and there remains a lack of funding for such a program. The gap can be closed
through a coordinated effort where DCC assigns several of their officers to the program, working
in tandem with CMPD, and we identify a funding source for the leased monitoring equipment.

A federal earmark will enable the CMPD to partner with the Division of Community Corrections
and Mecklenburg County Courts to extend electronic monitoring to those chronic offenders who
are convicted of their crimes and sentenced to probation. All parties believe that the success
achieved in the pre-trial release program implemented by the CMPD can be replicated under
probationary conditions and further reduce crime in Charlotte-Mecklenburg. A $500,000
earmark will provide the necessary funding to support the monitoring of 274 violent and chronic
offenders for one full year of probation. Because offenders are typically on probation much
longer than on pre-trial release, this will enable the CMPD/DCC partnership to function in a
manner that best serves the community safety and helps offenders disengage in criminal
behavior.

Council Focus Area: Community Safety

Requested Before? No
                             FY2011 Federal Legislative Request

Project Request Name:         Eastland Mall Flood Control Basin

Funding Request:              $1,000,000

Requesting KBU:               Neighborhood & Business Services

KBU Staff Resource:           Pat Mumford

Detailed Description of Request:

Redevelopment of an 88 acre regional mall provides an opportunity for the creation of an area
wide retention pond to improve water quality. During the construction of the mall, two large
streams were diverted into 72 inch storm water pipes and the pond they fed was filled. In order
to comply with current construction ordinances, a retention pond needs to be constructed at
approximately the site of the original pond. The goal is to create needed green space around the
retention pond in order to improve water quality and ultimately, see this site redeveloped for a
sustainable mixed-use development of retail, residential, office and public uses.

The funding requested would be applied to the demolition and rough grading costs associated
with the retention pond and water quality improvements. Demolition and rough grading costs are
estimated to be $10,000,000.

A Phase 1 Environmental Site Assessment has been conducted and has identified three
recognized environmental conditions and four areas of potential concern – all of which is typical
for the historical farming and later retail usages of the site.

The site currently has three vacant anchor tenant buildings and two vacant out parcel buildings.
The title holder of the in-line space is contemplating closing the mall, which would result in
nearly one million square feet of vacant retail space prone to vandalism and general building
decay. A vacancy and nuisance of this size and scale will create a severe negative impact on
neighboring property values and occupancy rates, including adjoining single-family subdivisions
and multi-family complexes.

Council Focus Areas
This project would directly support three of the five Charlotte City Council Focus areas:
Housing and Neighborhood Development
Long-term, this project will provide a new and diversified housing product in an aging
neighborhood, stabilizing housing values and will also eliminate a blighting influence on
surrounding businesses and neighborhoods.

Economic Development
This project will eliminate obsolete retail space and create new, properly located and properly
scaled retail space to foster new growth in services and jobs for the surrounding community. The
site will also create the opportunity for more affordable office space outside of the traditional
business parks to help foster employment growth.

Environment
This project will help restore water quality and reduce water run-off by restoring green open
space. It will also be a demonstration of how natural features can be restored in redevelopment
projects.

The project also indirectly supports the other two focus areas:
Transportation
A key transit center is located at the mall site which will serve as the terminus of a planned 10.5
mile streetcar line. By creating a destination point and concentrating redevelopment along
planned transit lines, the City can move towards its goals of higher transit use and relieve
congestion along existing roads.

Community Safety
Vacant buildings close to the project area are nuisances, which contribute to property and
personal crimes that destabilize neighborhoods. Vacant buildings are also prone to becoming
fire and other safety hazards. Acquisition and demolition of the site will help mitigate these
negative impacts on surrounding neighborhoods.

Requested Before?
                              FY2011 Federal Legislative Request

Project Request Name:         Briar Creek Relief Sewer Project (Phase 3)

Funding Request:              $4,000,000

Requesting KBU:               Charlotte-Mecklenburg Utilities

KBU Staff Resource:           Barry Shearin

Detailed Description of Request:

Background: The Briar Creek Relief Sewer project consists of 10 miles of new, large diameter
sewer lines. The project will provide for additional capacity within the Briar Creek basin, all of
which is in the inner portion of Charlotte, primarily to address wet weather flows and to provide
for additional growth capacity. The project will ultimately have 3 phases spread over about 8-10
years, with the total construction cost estimated at $95 million.

Phase 1 of the project consists of the first 4 miles of the sewer line at an estimated cost of $42.6
million dollars. Construction began on this phase in mid 2007 and is anticipated to last about
two years. Phase 2 commenced in 2008 with design and easement mapping and acquisition and
is expected to start construction in mid 2010 with a cost of $28 million. Phase 3 is projected to
begin construction in 2012 and cost $19 million.

The Charlotte, North Carolina metropolitan area is among the top 10 fastest growing
metropolitan areas in the nation, and has seen an almost 50 percent growth in population since
1980 according to the U.S. Census Bureau. The 2004 Census estimates there are 801,137 people
living in Mecklenburg County with 614,330 of those living in Charlotte. The county's population
is projected to reach 1 million people in 2010; roughly 78% of that population will be in
Charlotte.

The Briar Creek Relief Sewer project is critical to continued in-fill development within the
Charlotte urban district. Based on current modeling and flow measurements in the existing Briar
Creek sewer system, insufficient capacity exists to support continued growth and to be able to
handle wet weather flows in a manner that meets the Clean Water Act and is acceptable to US
EPA.

Without the project the City will likely be subject to enforcement actions by EPA for sewer
overflows during large storm events and moratoriums on wastewater connections in the future.
The City may not be able to fulfill its goal of having more high density in-fill development,
perpetuating urban sprawl into currently undeveloped areas.
Federal Funding Request: The City of Charlotte respectfully requests an appropriation in the
amount of $4 million from the Army Corps of Engineers' General Construction account within
the FY'09 Energy & Water appropriations bill.

Council Focus Area: Economic Development

Requested Before? The project will ultimately have 3 phases spread over about 8-10 years,
with the total construction cost estimated at $95 million. Construction for Phase I began in mid
2007.
                              FY2011 Federal Legislative Request

Project Request Name:          Transportation Policy Issues

Funding Request:

Requesting KBU:                Charlotte Department of Transportation

KBU Staff Resource:            Danny Pleasant

Detailed Description of Request:

As the transportation funding is being reauthorized there are numerous issues regarding project
designations and funding priorities which should be included in the new authorization.

Listed below are suggestions for improving current SAFETEA-LU regulations. These
suggestions result from our Transportation staff evaluating ways to improve the existing
transportation improvement program.

   1. Clearer direction about the relationship between states and urban area MPOs:
      Congressional intent, since the 1991 ISTEA bill and subsequent reauthorizations, has
      been for MPOs to have a stronger decision making role in the programming of federal
      transportation funds. Some states, including North Carolina, have been reluctant to
      release MPOs to fully realize that role.

   2. Direct Allocation to Urban Areas: Congress is currently working on the transportation
      authorization bill that will replace SAFETEA-LU. Due to the complexities and problems
      that North Carolina‟s equity formula presents to the Charlotte Metropolitan region. Now
      is a good time to advocate for the direct allocation of federal highway funding to urban
      areas. This approach appears aligned with the current administration‟s interests.

   3. Explore alternative funding sources for transportation needs.

The current administration will be advocating for change through the reauthorization process.
These initiatives have great potential to positively affect Charlotte and the region‟s ability to
provide its residents improved transportation infrastructure.

Council Focus Area: Transportation

Requested Before?
                              FY2011 Federal Legislative Request

Project Request Name:         Inclusion of Transit Projects in Reauthorization of the Surface
                              Transportation Bill

Funding Request:              $0

Requesting KBU:               Charlotte Area Transit System (CATS)

KBU Staff Resource:           John Muth

Detailed Description of Request:
Overview: The Federal surface transportation bill authorizes federal transit and highway
programs. The bill is reauthorized every six years. The last bill, SAFETEA-LU, expired on
September 30, 2009. The Secretary of Transportation has indicated that the new bill may not be
authorized for up to eighteen (18) months from the expiration date of SAFETEA-LU. The new
surface transportation bill will cover the period 2010-2015.

CATS Surface Transportation Reauthorization Project Requests Holland & Knight have
submitted transit‟s high priority projects to Charlotte‟s Congressional delegation for inclusion in
the surface transportation reauthorization legislation. The list of projects has been confirmed by
the Metropolitan Transit Commission.

Request: The following projects, in no priority order, are requested to be included in
transportation reauthorization legislation.
    1. The Northeast Corridor Blue Line Light Rail Extension Project (Continuation of LYNX
       Blue Line out to I-485N)
    2. The South Corridor Capacity Enhancement Project (Additional capacity to handle
       ridership – align with BLE project)
    3. The North Corridor Commuter Rail Project (Commuter Rail Line)
    4. STS Bus Garage Facility – Phase II (Plan/design/engineering of STS facility)
    5. The Streetcar Project (Beatties Ford, Trade Street, Elizabeth, Hawthorne, Central)
    6. 5-Year Bus Procurements (Replacement & Expansion Buses)
    7. Charlotte Transportation Center – Phase II (Upgrade facility built in 1995)
    8. The Southeast Corridor Rapid Transit and Highway Improvement Project
    9. The West Corridor Transit Project (Streetcar connecting Uptown to Airport)

Council Focus Area: Transportation

Requested Before? Yes. Some of the projects (listed above) were included in SAFETEA-LU.
                             FY2011 Federal Legislative Request

Project Request Name:         Support for proposed changes in Reauthorization of the Surface
                              Transportation Bill

Funding Request:              $0

Requesting KBU:               Charlotte Area Transit System (CATS)

KBU Staff Resource:           John Muth

Detailed Description of Request:
Overview: The Federal surface transportation bill authorizes federal transit and highway
programs. The bill is reauthorized every six years. The last bill, SAFETEA-LU, expired on
September 30, 2009.

Reauthorization of surface transportation bill is expected to grow transit programs, maintain
funding guarantees, ensure long term funding stability and introduce new programs and/or
changes to existing program.

Request: The Metropolitan Transit Commission confirmed its support and requests the support
of the North Carolina Congressional delegation for:
    A. Proposed changes in Federal New Starts and Small Starts program criteria which are
        currently recommended by the House Transportation and Infrastructure Subcommittee on
        Highways and Transit for the new surface transportation bill as follows:
        1. Elimination of the New Starts Alternatives Analysis (AA)
        2. Limiting project comparison to only the „No-Build‟ alternative and eliminate the
            „Baseline‟ alternative
        3. Raising the cap on federal Small Starts funding to $100 million and eliminating the
            total project cost cap to $250 million
    B. Highlighting land use, economic development and environmental measures being
        implemented in the Mecklenburg region that are in support of the proposed national
        Livable Centers Initiative
    C. Provision for operating assistance to transit systems in addition to capital assistance

Council Focus Area: Transportation

Requested Before? No
                              FY2011 Federal Legislative Request

Project Request Name:         Lobbying Against Mandatory Collective Bargaining for Public
                              Safety Officers

Funding Request:              $0

Requesting KBU:               Referred to Committee by City Council on 10/12/09

KBU Staff Resource:           Boyd Cauble

Detailed Description of the Request:

On August 6, 2009 Senator Judd Gregg (R-NH) introduced the Public Safety Employer-
Employee Cooperation Act as S. 1611. The legislation would create a federally protected right
to collective bargaining for police, fire fighters and EMTs employed by states or municipalities
with 25 or more full-time employees and populations over 5,000.

The House passed a version of the Public Safety Employer-Employee bill (H.R. 980) on July 17,
2007 by a vote of 314 – 97. The bill was reintroduced in this session of the House on January 9,
2009 by Representative Dale Kildee (D-MI) entitled Public Safety Employer-Employee
Cooperation Act of 2009 (HR 413). The Senate bill contains some differences from its House
counterpart, including exempting health benefits as a mandatory subject of bargaining (both bills
exempt pension or retirement benefits).

Under the bill, the Federal Labor Relations Authority (FLRA), the federal agency that oversees
labor relations for federal employees, would have jurisdiction over labor relations for the state
and municipal police, firefighters and EMTs. The FLRA would oversee workplace elections,
enforce rights and adjudicate disputes.

H.R. 413 would:
    Grant public safety officers the right to form and join a labor union
    Require that public safety employers recognize the employee‟s labor union
    Provide for bargaining over hours, wages, and the terms and conditions of employment,
       excluding pensions (and health insurance in the Senate version)
    Provide for an impasse resolution process, and
    Require that state courts enforce the rights established by H.R. 413

Public sector collective bargaining is prohibited in 17 states, including North Carolina. This
legislation would override state legislation. The House version of the collective bargaining
legislation specifically outlines that states would have to amend their laws to comply with the
federal legislation within two years of the bill‟s effective date.
Bill Status -- House bill 413 was referred to the House Committee on Health, Education, Labor
and Pension (no NC reps) on Jan. 9, 2009. Senate bill 1611 was referred to the Senate
Committee on Education and Labor (both NC Senators on Committee) on Aug 6, 2009.

The North Carolina League of Municipalities, North Carolina Association of County
Commissioners, the National League of Cities, and the National Association of Counties all have
positions opposing the mandatory collective bargaining legislation and the U.S. Chamber of
Commerce has a general anti-union position. The American Federation of State, County and
Municipal Employees Union, as well as the International Association of Fire Fighters and the
Fraternal Order of Police support the mandatory collective bargaining legislation.

Council Focus Area: Community Safety

Requested Before? No

				
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