It was just before Christmas 1983 when Duluth's
risk management officer, Bob Healey, told city
councilors that a policy allowing retirees to
bank unused sick leave to cover medical costs
-- a common practice then -- had become an unfunded
liability to the city.
In other words, the city could end up owing
millions more than it had. New government accounting
rules would require the city to put the liability
on its books, drastically affecting how it could
borrow money.
Mayor John Fedo's solution, which came out
of negotiations with all of the city's collective
bargaining units, was to make benefits free
for nearly all retirees, dozens of whom crowded
council chambers. The council discussed the
matter at four meetings in December 1983 and
January 1984.
That solution has mushroomed into a $300 million-plus
unfunded liability that threatens to crush city
finances for years to come.
"Does this sound like deja vu all over
again? Yeah, it does," said local contractor
Arno Kahn, who served on the City Council at
the time.
In an effort to understand and explain the
events leading to the city's financial crisis,
the News Tribune spoke with key players and
reviewed documents from late 1983 and early
1984. The catalyst was a contract change with
city labor unions providing retirees and their
spouses with free lifetime health care.
The goal was eliminating a sick leave bank
for retirees that would have cost the city an
estimated $5 million over five years.
"It was a lot of money then, but a minuscule
amount compared to what it is now," said
Duluth Human Rights officer Meg Bye, an At Large
city councilor when the decision was made.
"Councilor Bye felt that the city is trading
in a given, known quantity for an unknown quantity
and most likely that costs will be higher in
the future," according to the Dec. 27,
1983, council minutes.
Bye also warned that payment would be difficult.
She voted for it, though, because she said she
always supported negotiated contracts.
In an interview last week, Fedo said the liability
was so negligible back then -- because health
costs were so low -- that it was not an issue.
Everyone was doing it because coverage for a
single person cost about $100 a month.
WHAT HAPPENED
The City Council at that time was led by President
Michael Paymar, now a state representative from
St. Paul. Rep. Tom Huntley, DFL-Duluth, also
was a councilor at that time.
Other councilors included Neill Atkins, who
served off and on for 17 years; M. George Downs,
who recently was co-chairman of the DECC expansion
initiative; former assistant city attorney Cynthia
Albright; UMD administrator Jim Shearer; Bye
and Kahn.
Councilor Kjell Rodne introduced the resolution
and would later serve as Fedo's administrative
assistant.
Huntley said the city must set aside money
for future costs because those benefits accumulate
for retirement.
"(Then-Administrative Assistant Richard)
Ives related that the city will budget annually
for these costs," according to the Jan.
23, 1984, minutes.
Ives and Healey also told councilors that health
care would continue to be paid from the sick
bank for 2 1/2 years before it was budgeted
by the city.
Both Huntley and Shearer expressed concerns
about what the "real expenses" would
be to the city five years down the line or further.
Huntley was satisfied with administration assurances
that costs for retiree health care would be
budgeted that fall. Only Shearer and Albright
stood against the plan.
The measure was approved 7-2.
BLAME GAME
"Apparently, we all forgot to look for
it in the budget (2 1/2 years later),"
Shearer said in an interview last week.
In a recent interview, Bye said councilors
were "flat-out lied to" by the Fedo
administration.
A few also blamed the strong influence of labor
unions in Duluth.
"Once you give a benefit in a contract,
it's hard to get it back out," Shearer
said.
Atkins had few recollections of the vote, but
he remembered clearly the bleak atmosphere in
the city.
"People forget what was going on in Duluth
and the economy in 1983," Atkins said.
"Interest rates of 18 to 20 percent and
inflation at 12 to 13 percent was killing us.
We were losing businesses and federal aid right
and left.
"Someone had purchased a billboard on
the Interstate asking the last person to leave
Duluth to please turn off the lights."
Fedo was a political powerhouse, elected three
times. He never raised taxes.
At the same time, Fedo's administration charged
employees premiums below what Blue Cross Blue
Shield recommended, further burdening the health
insurance fund, said Genie Stark, the former
city auditor and current finance director.
"It's interesting to note all these quote-unquote
historians who have not taken the time to reconstruct
all of the issues that the city was facing at
the time," Fedo said.
He said the city put an annual contribution
away equal to the cost of insurance. He also
said he believes the city set aside money for
future costs and put the liability on the books.
"My understanding is that we were doing
all that," he said. "But that certainly
does not belie the whole issue that, as terms
and conditions change, why wouldn't you look
at changing this system if it was a further
burden to the city? That's like saying, 'Gee,
should we keep having buggy whips in the budget
because it was always there?' "
DOTY STILL TAKES HEAT
In 2007, once again, new national accounting
requirements will require Duluth's unfunded
health-care liability to go on the city's financial
reports.
The City Council-appointed task force concluded
in December that city officials, Fedo and former
Mayor Gary Doty either ignored or contributed
to the liability as it snowballed from about
$34.2 million in 1998.
To date, Doty has received the bulk of criticism
from vocal retirees, some of whom are longtime
Fedo allies, who say he ignored annual double-digit
health-care cost increases that nearly coincided
with his 12-year reign.
Karl Nollenberger served as administrative
assistant to Doty from 1992 to 1998. He ordered
the first actuarial study on the problem in
1997. Before leaving his post, he announced
that Duluth faced an additional $5.5 million
annual debt for 20 years to cover retiree health
benefits.
"When I realized what it was all about,
I was very, very concerned about the financial
implications to the city and voiced those concerns
on numerous occasions to the mayor and city
councilors," said Nollenberger, now at
the Illinois Institute of Technology in Chicago.
"I made it the subject of negotiations
at the bargaining table, but got no response
from the unions and no support from the mayor
or council," Nollenberger said.
Some in City Hall today say Nollenberger also
made decisions that contributed to the problem.
Another study, this one in 2002 during Doty's
third term, stated that spiraling costs, early
retirement and longer lifespans had increased
the liability to $178 million.
Doty has said he tried numerous times to resolve
the problem through union negotiations.
"No one wanted to set aside a million
a year in a budget that was already tight,"
Atkins said. "And you have to remember
that at that time (during Doty's administration),
people were skeptical this was really the mounting
problem it was going to become."
Since leaving office in 2003, Doty has been
mostly silent on the issue, only saying that
he is one of many people responsible for a problem
that needs resolution today.
MAKING PROGRESS, NOT FRIENDS
Mayor Herb Bergson also has been taken to task
for not funding the problem as soon as he took
office in 2004. He said last week that he wants
to get concessions from employees and retirees
before he asks the public to pay.
Bergson also has heard complaints from fiscal
watchdogs who accuse him of dawdling to enact
the task force's 14 recommendations.
For Bergson's part, he says if Doty had set
aside $1 million each year, the problem would
not exist.
"I guess when you're busy building pretty
projects like aquariums, Northwest (Airlines)
maintenance facilities and Omnimax Theaters
-- projects that the public sees and appreciates
-- you're going to win elections," Bergson
said. "This is like the sewers. Nobody
wants to spend money on the sewers until one
breaks in your neighborhood."