Measure N: Stockton’s charter revision would impose arbitration for contract disputes with police, fire

Editor’s note: A previous version of this article appeared in Stocktonia on July 30, 2024.

A fight pitting the city of Stockton against its police and fire unions has made its way onto the November ballot measure in an effort to change how collective bargaining disputes are resolved.

Measure N, also known as the Keep Stockton Safe measure, would require the city and the unions to pursue binding arbitration if they reach an impasse during contract negotiations. Disputes would go to a three-member Board of Arbitrators — one chosen by the city, one chosen by the union and one “neutral” member — whose decision would be binding and final. 

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The City Council formally opposed Measure N at a special meeting in July and submitted an argument against the measure to be included in ballot materials for the November election.

In the resolution, the city said it is concerned about the fiscal impact of the ballot initiative, arguing that a Board of Arbitrators could make binding decisions on labor disputes “without consideration of and in isolation from any other significant priorities and financial challenges the city faces.” 

“There’s no accountability mechanism, and so you’re basically handing your fiduciary responsibility and the fiscal health of the city over to a stranger,” City Manager Harry Black said in an interview at the time, pointing to the fact that Stockton spends 74% of its general fund on public safety — 54% on police and 20% on firefighters.

The Stockton Police Officers’ Association and Stockton Professional Firefighters Local 456 say binding arbitration will, among other things, help address difficulties with hiring and retaining personnel.

“It’s about making sure that we have a quick resolution to any contract,” SPOA President Patrick High said. “We can maintain the staffing that we need and be competitive and give the citizens the service that they pay for and they deserve.” 

He added that the text of the measure means the Board of Arbitrators would take the city’s fiscal health into account. High also said that binding arbitration was rarely taken up in cities where it is allowed, as “both sides recognize that they have to work together to get through the contract process, and that this third party administrator could rule against either side.”

A 2020 analysis of binding arbitration in Sacramento — one of the few California cities with the procedure — found that the city often entered into agreements with its police union shortly before arbitration was set to begin.

During the July meeting, Councilmember Dan Wright expressed concerns with how binding arbitration had been implemented in other cities.

“Binding arbitration is a serious, major step that, for me, usually should only be in place when you have the situation where there is consistent bad will exercised between one or more members of the bargaining parties,” he said.

Also looming over the Measure N debate is Stockton’s 2012 bankruptcy. City voters repealed binding arbitration for firefighters in 2010 as Stockton’s finances began to struggle, and the city’s decision to give lifetime healthcare to police officers, firefighters and other municipal employees in the 1990s and early 2000s was cited as a major strain on its budget.

Bankruptcy also forced Stockton to slash public services, including police and fire, and the departments have struggled with staffing shortages in recent years. 

A city spokesperson said that as of Oct. 1, Stockton has 369 sworn police officers. However, the employment total falls short of the 425 officers the department is budgeted for. In the fire department, the city has 202 sworn firefighters, with space in the budget for 210.

“We are doing the best we can to recruit,” High said. Police departments across the U.S. have struggled with officer shortages in recent years, although hiring numbers have begun to tick up nationwide.

Hiring and retaining personnel for both police and fire was also a major issue during the last round of contract negotiations with the city in 2022. 

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SPOA members initially rejected the city’s first offer, described by Black at the time as the “most generous” in Stockton’s history. After nearly three more months of negotiations, they agreed to a contract with a $42 million budget increase and an 18% pay bump. The firefighters, meanwhile, agreed to a 10% pay increase. 

In December, the City Council also reauthorized Measure A, a 0.75% sales tax that feeds the city’s general fund, a large part of which is dedicated to funding police and fire.

But High said that Measure N isn’t only about department funding and officer pay.

“We may not necessarily have an issue with pay and benefits on the next contract,” he said. “The contracts are made up of other things, including work hours, healthcare coverage, who our healthcare provider is, grievance procedures during discipline procedures.”

A committee formed by the police and fire unions to support the measure has spent more than $1.2 million this year, according to finance disclosures. Measure N is now heading to Stockton voters, along with elections for the mayor and three City Council districts.

Miriam Waldvogel was a summer intern with Stocktonia. She attends Princeton University and is a Stockton native.