After months of negotiations without resolution the Port Arthur Police Association is declaring an impasse with the city and requesting arbitration.

The PAPA, through legal counsel, submitted a written notice of request for binding interest arbitration on May 27. The letter was submitted to Port Arthur City Manager Brian McDougal and Bettye Lynn, who is representing the city’s interest in the issue.

The association has been without a contract for almost a year.

PAPA contends that the city refused or was unable to find a date to bargain between April 7 and May 19 and that alternate meeting dates were offered. In addition, they contend they made proposals on all then-known contested issues at the April 7 bargaining session and the city came to the May 19 and May 20 sessions “without making a single written proposal” and “seemed woefully unprepared to negotiate at all” among other issues.

Port Arthur Police Sgt. Scott Gaspard, who is the association’s president, deferred questions to Craig Deats of Deats, Durst and Owen LLC for comments. A voicemail was left with Deats around 3 p.m. Friday.

The city is using Bettye Lynn of Lynn Ross Gannaway and Cranford LLC as legal counsel in this matter. A representative at the law firm deferred questions to McDougal.

McDougal said the two parties had most recently negotiated for half a day last Thursday and all day Friday until after 5 p.m. Forty-six articles are in the contract and McDougal said they have agreed tentatively on 31 of the 46.

“I’m really pleased with the progress we’ve made and openly continue to negotiate,” he said.

When asked about the city’s refusal/inability to find a date to bargain between April 7 and May 19, McDougal answered “The city is always willing to negotiate and negotiate in good faith since March last year and our estimation was it was just a matter of our calendars not matching up.”

While the PAPA contends the city is dragging its feet, McDougal said that’s not the case.

Gaspard said, in an April 2016 story, that there are two main issues the two entities disagree upon — the Evergreen clause and Maintenance of Standards clause.

The Maintenance of Standards Clause basically requires existing conditions of employment, except any that were specifically changed by the contract, to be continued during with the new contract. The police association has only filed grievances on Maintenance of Standards a few times in the past eight to 10 years.

In the archive story McDougal said the city believed the clause was not to be included in the contract per verbal commitment but learned during meeting earlier this year that is was not taken out.

The second issue between the two parties — the Evergreen clause — has lead to legal proceedings.

The association contends there was a typographical error in the Oct. 1, 2014 to Sept. 30, 2015 agreement.

“The city contends there was not a typo and the contract is over,” Gaspard said in the previous story.

The association filed a temporary restraining order last year requiring the parties to maintain the status quo as if the Evergreen clause is in effect along with other terms and conditions of the collective bargaining agreement.

The Evergreen issue also led to some problems with pay. On Oct. 1, 2015, employees with the city of Port Arthur were given a 3 percent cost of living adjustment. All employees received the raise with the exception of the police officers.

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