New section of pending firefighter contract requires city maintain staffing levels, even if run load decreases
Lead Summary
By
Brandy Chandler-brandychandler@gmail.com
As contract negotiations continue between the city of Hillsboro and union representatives for Hillsboro Fire and Rescue, one particular portion of the contract has become a point of contention for city administrators.
Hillsboro Auditor Gary Lewis says that a new section of the pending contract that requires a minimum of 12 union firefighter/paramedics on staff - even if there is a decline in responses - takes away management power, which in turn could prevent the city from acting fiscally responsible to the taxpayers.
In December 2010, the Hillsboro City Council voted to extend the time to negotiate the contracts with the International Association of Fire Fighters (IAFF) and the Fraternal Order of Police (FOP). In negotiations, the city of Hillsboro has been represented by Hillsboro Mayor Dick Zink, Hillsboro Law Director Ralph Holt and Deputy Hillsboro Law Director Kathryn Hapner.
Lewis expressed his concerns to Zink in a letter dated July 20, 2011. The letter states:
Re: Firefighters' Contract
Dear Mayor Zink:
I was shocked and surprised to find that in the above-metioned contract Sections 33.03 and 33.04 were inserted. I believe they usurp management rights.
Section 33.03 states, "The City of Hillsboro agrees that the Fire Department will employe a minimum of 12 bargaining unit firefighter/paramedics, (daily staffing of three shifts of four Career firefighter/paramedics including Captains) this does not [Lewis's bold and underlining] include the Fire Chief, Assistant Fire Chief, Part-time firefighters/EMTs, Paramedics and Volunteer firefighters/EMTs, Paramedics.
Section 33.04 states, "In the event the city decides to reduce our Fire/EMS response, or, in the event our number of emergency responses decline, the city agrees to continue to maintain the staffing levels stated above in Subsection 33.03.
I spoke with Mr. Holt about this and he stated he believed management rights on this issue are protected under Article V of the same contract. I do not agree and I do not agree and do not understand why this contract contains the clause in question. If Article V is intended to protect management rights then the clauses would appear to open the City up for unnecessary litigation that would go against management's wishes. Therefore, please allow this letter to serve as my objection to this contract as written.
Sincerely,
Gary L. Lewis,
Auditor.
The letter was copied to Holt, Hapner, Hillsboro Law Director Fred Beery, Hillsboro Council President Lee Koogler, and all members of the Hillsboro City Council.
Lewis told The Highland County Press that, "It has never been in the contract before," and doesn't understand why it is being added now.
Taking issue with the section, Lewis said, is in no way a reflection about how he feels toward the union or the firefighters. He said that union negotiators were only doing their jobs, and that the city needs to do its job.
"I had to make sure at least one executive within the city objected," Lewis said. "I'm that executive."
When asked his response to the letter, Zink told The Highland County Press that if Lewis should ever become the city's safety and service director then the problem would be his at that time.
"He can negotiate contracts then," Zink said. "He says he didn't like what was in one of those sections. Well, that's what we have lawyers for. If Mr. Lewis has any problems, he can take it up with the lawyer."
Council met Monday for their their regular August meeting, but the contract negotiations were not discussed. Hapner was present at the meeting, but council did not address her on the negotiations.
Zink said that he agreed with Holt, and that he doesn't see the sections as a problem, because of Article V.
"I don't see that it really matters because Section 5 states that it's a management right to hire and fire," Zink said. "They need that extra person on there to have four people on a shift that they're short right now. If they get that person and their territory gets smaller, then naturally you have to cut, but you would cut part-timers before full-timers. But it would be a management decision."
Zink said Monday that there are currently 17 firefighter/paramedics employed with Hillsboro Fire and Rescue, not including the chief or assistant chief.
In March, when Holt attempted to cancel the EMS contracts with seven area townships, he told The Highland County Press that since those contracts were approximately 50 percent of the runs for the department, then if the city no longer had the contract they would have to consider a reduction in personnel.
"If we lose the townships, if they decide not to contract with us, and we only provide EMS services to the city of Hillsboro, then we should be able to reduce at least the part-time help,” Holt said, in March.
The finance committee and civil service employee relations committee of council met Monday evening to discuss Zink's July report to council that staffing levels at the fire department were too low, and that it could be a hazard to Hillsboro residents.
On Monday, Zink said that, "The problem is, right now, no one knows what's going to happen with the townships. No one is really interested in tackling it."
As contract negotiations continue between the city of Hillsboro and union representatives for Hillsboro Fire and Rescue, one particular portion of the contract has become a point of contention for city administrators.
Hillsboro Auditor Gary Lewis says that a new section of the pending contract that requires a minimum of 12 union firefighter/paramedics on staff - even if there is a decline in responses - takes away management power, which in turn could prevent the city from acting fiscally responsible to the taxpayers.
In December 2010, the Hillsboro City Council voted to extend the time to negotiate the contracts with the International Association of Fire Fighters (IAFF) and the Fraternal Order of Police (FOP). In negotiations, the city of Hillsboro has been represented by Hillsboro Mayor Dick Zink, Hillsboro Law Director Ralph Holt and Deputy Hillsboro Law Director Kathryn Hapner.
Lewis expressed his concerns to Zink in a letter dated July 20, 2011. The letter states:
Re: Firefighters' Contract
Dear Mayor Zink:
I was shocked and surprised to find that in the above-metioned contract Sections 33.03 and 33.04 were inserted. I believe they usurp management rights.
Section 33.03 states, "The City of Hillsboro agrees that the Fire Department will employe a minimum of 12 bargaining unit firefighter/paramedics, (daily staffing of three shifts of four Career firefighter/paramedics including Captains) this does not [Lewis's bold and underlining] include the Fire Chief, Assistant Fire Chief, Part-time firefighters/EMTs, Paramedics and Volunteer firefighters/EMTs, Paramedics.
Section 33.04 states, "In the event the city decides to reduce our Fire/EMS response, or, in the event our number of emergency responses decline, the city agrees to continue to maintain the staffing levels stated above in Subsection 33.03.
I spoke with Mr. Holt about this and he stated he believed management rights on this issue are protected under Article V of the same contract. I do not agree and I do not agree and do not understand why this contract contains the clause in question. If Article V is intended to protect management rights then the clauses would appear to open the City up for unnecessary litigation that would go against management's wishes. Therefore, please allow this letter to serve as my objection to this contract as written.
Sincerely,
Gary L. Lewis,
Auditor.
The letter was copied to Holt, Hapner, Hillsboro Law Director Fred Beery, Hillsboro Council President Lee Koogler, and all members of the Hillsboro City Council.
Lewis told The Highland County Press that, "It has never been in the contract before" and doesn't understand why it is being added now.
Taking issue with the section, Lewis said, is in no way a reflection about how he feels toward the union or the firefighters. He said that union negotiators were only doing their jobs, and that the city needs to do its job.
"I had to make sure at least one executive within the city objected," Lewis said. "I'm that executive."
When asked his response to the letter, Zink told The Highland County Press that if Lewis should ever become the city's safety and service director then the problem would be his at that time.
"He can negotiate contracts then," Zink said. "He says he didn't like what was in one of those sections. Well, that's what we have lawyers for. If Mr. Lewis has any problems, he can take it up with the lawyer."
Council met Monday for their their regular August meeting, but the contract negotiations were not discussed. Hapner was present at the meeting, but council did not address her on the negotiations.
Zink said that he agreed with Holt, and that he doesn't see the sections as a problem because of Article V.
"I don't see that it really matters because Section 5 states that it's a management right to hire and fire," Zink said. "They need that extra person on there to have four people on a shift that they're short right now. If they get that person and their territory gets smaller, then naturally you have to cut, but you would cut part-timers before full-timers. But it would be a management decision."
Zink said Monday that there are currently 17 firefighter/paramedics employed with Hillsboro Fire and Rescue, not including the chief or assistant chief.
In March, when Holt attempted to cancel the EMS contracts with seven area townships, he told The Highland County Press that since those contracts were approximately 50 percent of the runs for the department, then if the city no longer had the contract they would have to consider a reduction in personnel.
"If we lose the townships, if they decide not to contract with us, and we only provide EMS services to the city of Hillsboro, then we should be able to reduce at least the part-time help,” Holt said, in March.
The finance committee and civil service employee relations committee of council met Monday evening to discuss Zink's July report to council that staffing levels at the fire department were too low, and that it could be a hazard to Hillsboro residents.
On Monday, Zink said that, "The problem is, right now, no one knows what's going to happen with the townships. No one is really interested in tackling it."
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