CONTACT MCOP IMMEDIATELY IF YOUR TOWN ALTERS QUINN BENEFITS!

shall be granted a base salary increase of ten per cent upon attaining an associate’s degree in law enforcement or sixty points earned to a baccalaureate degree in law enforcement, a twenty per cent increase upon attaining a baccalaureate degree in law enforcement, and a twenty‐five per cent increase upon attaining a master’s degree in law enforcement or for a degree in law.

Thus, once a town adopts the Quinn Bill, the statute mandates that the payments must be made.  

The provisions of the Quinn bill that call for a town to be reimbursed (that’s reimbursed – meaning “paid back,” i.e. the state sends the town money AFTER the town pays the officer) are separate and independent of the base salary increases that the Quinn bill mandates.  In other words, whether or not the state “fully funds” the Quinn bill is IRRELEVANT to whether or not a town is obligated to pay the stipends.

COLLECTIVE BARGAINING AGREEMENTS CANNOT AMEND THE QUINN BILL

While the Quinn bill is clear in the level of “base salary increases” due to officers, many collective bargaining agreements purport to modify those increases.  SUCH PROVISIONS ARE NOT LEGAL.1  By law, a town and its unions cannot alter statutory requirements unless the statute at issue is specifically listed in the public sector union law, M.G.L. c. 150E, §7(d).  The Quinn bill is not listed in that law, so a town and a union cannot agree to change it.  The Supreme Judicial Court has noted “that municipalities and public employee unions may not bargain over matters covered by” the Quinn Bill.  Rooney v. Yarmouth, Rooney v. Yarmouth, 410 Mass. 485, 493 n.4 (1991).    

We are aware that many collective bargaining agreements purport to amend the Quinn Bill via mechanisms that transfer the risk of state underfunding from the Town to the Union. Many contracts call for future educational incentive payments to be reduced if the commonwealth does not reimburse the town for one half of prior Quinn payments, or state that the town will “only be liable” for ½ of the Quinn Bill mandates.  These contracts call for a reduction in Quinn payments provide officers with payments that are LOWER than the statutorily mandated base salary increases.  Because it is illegal to contract to lower Quinn bill mandates, these contracts are illegal.  

In Mashpee, the town has already reduced Quinn bill payments to officers.  Several MCOP members in Mashpee, with the support of MCOP, have sued the town, alleging that the lowered payments violate the law, even thought the collective bargaining agreement calls for lowering.  We will keep you posted on this case.

ANY REDUCTION IN QUINN BILL PAYMENTS IS PREMATURE

Even if it was legal for a town and union to agree to reduce Quinn payments, any reductions now are entirely premature.  Under the Quinn statute, municipalities tell the state how much they paid to officers in the prior fiscal year by September of the current year. Thus, the request for FY09 reimbursement will not even be finalized until September, with the monies to be reimbursed in April or May of 2010.  While the just passed budget would not cover the state’s full “share” of anticipated Quinn Bill reimbursement, at anytime between now and the end of FY2010 a supplemental appropriation could provide greater funding.  Therefore, it is premature for any city or town to be proposing reducing Quinn payments NOW based on the just passed FY2010 budget.

YOU ARE NOT ALONE – DON’T BARGAIN WITH THE TOWN OVER QUINN ALONE

Regardless of the variety of contracts out there, ALL MCOP locals should be on the same page when it comes to Quinn Bill payments.  And that page says that ALL officers should get ALL of the Quinn Bill to which they are entitled!  Please do not sit down with your City and Town and agree to ANY reduction in Quinn without reaching out to MCOP first.  As noted above, MCOP believes that Towns CANNOT LEGALLY REDUCE QUINN PAYMENTS, regardless of your contract language.  We WILL FIGHT to defend that position, but we cannot help you if you don’t let us know what’s going on BEFORE you enter into an agreement with your town.  

Your MCOP Area Vice President (if he hasn’t already done so) will be calling you to get a report on your Quinn Bill situation.  BUT DON’T WAIT FOR THE CALL IF THE TOWN CALLS YOU FIRST.   

CONTACT MCOP IMMEDIATELY IF YOUR TOWN ALTERS QUINN BENEFITS!  

Please read the full “Quinn Bill Update” posted on the MCOP Blog and sent to your local.  Here are the major points:

• THE QUINN BILL GUARANTEES “BASE SALARY INCREASES”
  Associates – 10%, Bachelors – 20%, Masters – 25%

• COLLECTIVE BARGAINING AGREEMENTS CANNOT AMEND THE  QUINN BILL – It is the position of MCOP that contracts calling for Quinn payments to be reduced are ILLEGAL.

• MCOP IS SUPPORTING A LAWSUIT IN MASHPEE CHALLENGING THE REDUCTION IN QUINN PAYMENTS TO OFFICERS THERE – Several officers have challenged the right of the town to reduce payments, regardless of the contract between the union and the town.  Suits in other towns that reduce payments are likely.

• CALL MCOP BEFORE YOU MEET WITH YOUR TOWN TO “BARGAIN” OVER THE QUINN BILL – MCOP will FIGHT to maintain your “full” Quinn Benefit.

• CALL MCOP CENTRAL AT 508‐581‐9336 AND CALL YOUR AREA VICE PRESIDENT!

1 We note that this position was recently endorsed by the General Counsel to the Chief’s Association. Strange times make for strange bedfellows indeed.