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HomeMy WebLinkAbout2008 04 04 Regular 601 Termination Review Procedure - Fire Union ContractCity of Winter Springs Special Meeting 040408_Comm_Special_Meeting_Regular_601 _Termination_Review_Procedure Page 1 of 2 COMMISSION AGENDA ITEM 601 Consent Informational Public Hearing X April 4, 2008 Special Meeting MGR. r~' /DEPT. Authorization REQUEST: City Manager Requesting the City Commission to consider a termination review procedure in the alternative to that provided in the Fire Union Contract. PURPOSE: This agenda item is needed for the City Commission to determine if it will approve a one-time deviation from the termination review procedure in the Fire Union Contract due to the unique issues involved in the case. CONSIDERATIONS: A firefighter was involved in a serious altercation with police officers that lead to his termination. The firefighter has appealed his termination. The Union Contract provides for a complaint review board made up of law enforcement officers from Seminole County. In an attempt to provide the firefighter with a more fair appeal the City Manager, in a gesture of good will, entered into discussion with the Fire Union to provide for a three person review board, one chosen by the employee or Union, one chosen by the City, and one chosen jointly by the City and the employee or Union. This offer was made for this one matter only due to its unique characteristics. Unfortunately, this honest attempt to offer the Union something to which they are not entitled under their Contract has evolved into months of debate and strategic jockeying. After numerous negotiation sessions the Union has finally agreed to a third party acceptable to the City from the City's list of recommended third parties. Although the Union has noted their acceptance of a third party mutually acceptable to the City Manager and City Labor Attorney, the Union continues to assert its right to have the City Commission choose the third party from their list rather than the City's list. The Union attaches this right to a document flawed with a typographical error. Even though the concept of having the Commission choose a third party from either the City's list or the Union's list was put on the table for discussion and later rejected in writing, based upon the strong objection of the City's Labor Attorney, the concept of the City Commission choosing a third party from the Union's list was never discussed. The Union's efforts to utilize this flawed document is truly disappointing. The City Commission's role in this matter is to decide if it will authorize aone-time deviation from a policy contained in the Union Contract. As requested in this agenda item, it is not to choose the members of the committee. FUNDING: N/A RECOMMENDATION: Based upon the mutual acceptance of the third party by the Unioin, the City Manager is recommending that the Commission consider if it will approve a one time alternative process for this one matter only based upon the Union's acknowledged acceptance of Dotty Green as the third party. If the Union is unwilling to follow through on its acceptance of Dotty Green as third party, the City's Labor Attorney and City Manager are strongly recommending that the Commission deny the alternative process, and continue with the process provided for in their Contract. ATTACHMENTS: A. Union Letter of March 28, 2008 B. City Manager Letter of February 13, 2008 COMMISSION ACTION: ATTACHMENT "A" March 28, 208 VIA Ely1AII. & U.S.IVIAIL Ron McLemore, City Manager City of Winter Springs 1.126 E. State Road 434 Winter Springs, FL 32708-2799 Re: 1'AFF Local 3296 - Devillers Dear City Manager McLemore: As you know the Firefighters have agreed to the City's offer that "the City Commission shall chose [sic] the third-parry from the list submitted by the Union." As we agreed, the third-party will, a ong wit a Firefi ters appointment (Michael Clelland) and the City's appointment (Chief Kerr), comprise the Complaint Review Board which will ultimately issue a "final and binding" award with respect to whether the City violated th.e prohibition against employees being "dismissed or otherwise disciplined without just cause." (Article 25.1) Out of an abundance of caution, and without waiving the Union's position that the parties already have an agreement with respect to the "third-party" and the Complaint Board (as described above), and further without waiving the Union/Devillers' rights under applicable law, the Union consents to Dorothy Green to serve as the "third-party for the hearing." Having said that, and as previously made clear, the Firefighters will proceed to the City Commission to have the third-party selected "from the list submitted by the Union" pursuant to the parties' agreement. Respectfully, y r /~~/ 'Jeff McCall President of Loca13296 THE FIRST SENTENCE IN THIS LETTER IS ABSURD. THE CITY HAS NOT AGREED TO THIS LANGUAGE. ATTACHMENT "B" CITY PROPOSED LIST JOINTLY SELECTED MEMBERS OF THE HEARING BOARD Scott Gabrielson Orlando Attorney 407-425-9044 Cliff Sheppard Maitland City Attorney Mt. Dora City Attorney 407-629-4323 Dorothy Green Private Labor Attorney William Liquori Former Altamonte Springs Police Chief If the City and the Union cannot agree on the Board selection of the third-party for the Hearing, the City Commission shall chose the third-party from the list submitted by the Union. NOTE This is the February 13, 2oo81etter with the typographical errors which leis out the words "and the City". The sentence was supposed to read: "The City Commission shall choose the third party from the list submitted by the Union and the City." As with most negotiations a number of approaches are put on the table for discussion purposes. Even if I had proposed this approach, which I most assuredly did not, the concept of Federal arbitrators was rejected in discussion and in writing on numerous occasions following the date of this letter. 021308 City Proposed Hearing List