The Process Works

ECAT Employee and Union President Michael Lowery's termination has been overturned by an arbitratror.

The process works.

It isn't always pretty, it certainly isn't perfect, and it definitely isn't timely--- but it works.

The process of employee discipline, together with rules, ordinances, state and federal law-- combined with processes and procedures outlined in collective bargaining agreements for covered employees to appeal such discipline---- can all blend together and become opaque and circuitous.

Case in point:  Mike Lowery.

He was terminated by administration many, many months ago and he has fought this termination ever since.  Through various stages of appeals--he has stayed the course.

Now--whether or not we believe he was right or wrong--the arbitrator has spoken--and he will be reinstated.

From an evening email received by the board yesterday:

Commissioners,

 Please be aware the Arbitrator in the Lowery matter concluded there was just cause to discipline, but due to the lack of previous/progressive discipline, the termination was reduced to a 3-day suspension without pay.  Lowery must be reinstated and made whole for lost wages/benefits.  The Arbitrator will retain jurisdiction for 60 days for implementation of the remedy.

 Current ECAT management and HR are aware.  Please don’t reply all.

 Alison 

Letter(s) to the File Part II: Policy Violation Results in Letters of Counseling

The firefighter's union supported Joe Biden, and the local affiliate has supported various candidates as well.  But campaign activities must not happen on government time nor can campaign events occur on government property...

This is America--and we enjoy many more freedoms than most any other country in the world.  Freedom of speech, assembly, and the freedom to support political campaigns during election season are three very important ones.

The national paid firefighters union supported Joe Biden for president.  They love him.  They endorsed him early, often, and enthusiastically--they even have a dedicated website about their loyal support for Biden.  Great--go get em tiger!

Locally, their affiliate supports and endorses candidates as well.  

In 2016 they supported a commission candidate that came in a distant, disappointing third place, not even in the running.  But even that candidate in that race did much better than the one commission candidate IAFF supported in 2020 who also, very disappointingly, came in an even more distant 3rd place finish-garnering just 22% of the votes in that race.  Nearly 8 of 10 voters voted against that

Letter(s) to the File?

Yesterday afternoon it was discovered that there were apparently "2nd" personnel files maintained on select fire department personnel, in contravention to board policy and bargaining agreements, separate and apart from the 1 and only official personnel files kept downtown.  This was discovered as some disciplinary letters to file, apparently, "never made it" to either of these files--as they should have.  So this will get a thorough discussion later this morning....

As I begin the gathering of documents necessary to fulfill a public records request of me made by the paid firefighters union--a question percolates about whether or not "letters to the file" on three battalion chiefs that I have acquired are actually public records.  (these are in relation to some serious law, ordinance, and policy violations that apparently occured last summer in a fire house and for which nobody accepted responsibility or gave a cogent explanation).  As I have said multiple times, there is a massive, stunning, and unacceptable lack of leadership in the county's fire department right now, and sadly these documents appear to show more illustrations of this.  Like a rudderless ship without a chief for going on TWO YEARS!

According to the county attorney, these particular documents are public records.  But while I was ascertaining the "whether or not" determination about these documents in particular--it was brought to my attention that these documents were not actually ever even put in the official files of these three employess.

What?

Where were they, if not in the employee's official file, was my first and natural response?

"Uh, we're not sure--we thought these were put in the file.  But apparently they were not, they were instead given to the interim fire chief and he put them in his separate file and they never made it downtown."  Was the answer I got yesterday afternoon in my conference call.  What?

Here is the thing:  There should be, by law, ordinance, statutes, and under bargaining agreements---1