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
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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