Brian Peach bpeach@paducahsun.com--270.575.8603

Tuesday, June 06, 2006

Because Paducah firefighters are suing the city, they won't get raises July 1.
All other union employees in the police and public works departments will get a 4 percent raise for the fiscal year beginning July 1, but 3 out of 5 commissioners said Monday that the cost of fighting the firefighters' potentially multi-million dollar lawsuit will be offset by not giving raises to members of the International Association of Firefighters Local 168.

Mayor Bill Paxton was particularly critical of the firefighters on Monday at the city commission's annual day-long budget meeting. He justified not giving firefighters $138,000 worth ofraises by noting that it will cost the city an estimated $100,000 to fight the suit. He also cited the potential $6 million that losing the lawsuit could cost taxpayers,

"We've got 80 percent of our firefighters living in the county," Paxton said. "They don't give a dam about the city or the taxpayers. It will cripple the city's operations. It's sort oflike closing your eyes and ignoring it."

The city suspended all negotiations with firefighters pending the outcome of the lawsuit, and at the same time commissioners were debating the raises, city and fire union representatives were doing the same at City Hall during a state-called fact-finding meeting.

Barry Carter, president of the local firefighters' union, said he didn't feel "it would be prudent to comment on the issue with fact-finding in progress .... That would basically be negotiating through the media, and we've said we're not going to try to do anything like that."

The special three-member fact-finding panel will continue hearing testimony today, but it's not expected to make recommendations for several weeks.

"We'll have to get a transcript of the hearing and then have some meetings or conference calls," said Carrie Donald, the panel chairwoman who is an associate professor in the Department of Urban and Public Affairs at the University of Louisville. She was appointed by the state Department of Labor.

Other panel members are former Paducah mayor Albert Jones, appointed by the city, and Paducah attorney Tod Megibow, appointed by the union. The panel was formed after the state Department of Labor declared negotiations at an impasse.

Commissioners Buz Smith and George Sirk joined Paxton in opposing the raises. Commissioners Robert Coleman and David Guess thought the raises and lawsuit were unrelated. The union sued the city in January, claiming that the city has incorrectly calculated overtime pay for firefighters for years. The suit seeks back pay over a period of up to 15 years.

"We've always treated employees the same," Guess said of all employees getting annual raises. "I just think the lawsuit should not affect them. If we haven't been paying them right, then we haven't been paying them right."

The $6 million estimate was made by city attorney David Denton after the suit was filed based on precedents set by other cities' firefighters who won similar lawsuits.
"The city was not contacted in any form prior to the suit being filed, and it did take the City of Paducah by total surprise," Denton said by phone Monday

Coleman said it wasn't right to group the lawsuit and raise issues together, particularly because the city had no control over the pay miscalculations that occurred in Frankfort, which is why they affect multiple cities.

"There are two separate issues here," he said. "The negotiations and salary increases are in our ballpark."

The American Federation of State, County and Municipal Employees union consists of public works employees who, like the firefighters, are not currently negotiating with the city for a new contract. The police union signed a five-year contract months ago, and it gives union members a 4 percent raise for fiscal year 2007, and 3 percent raises the following four years.

"1 think there's a difference between the firemen who are trying to destroy the budget and the AFSCME, even though we have not settled with AFSCME," Paxton said. "One of them is not suing us and the other one is."

Smith said the $6 million estimated loss was too much to ignore and agreed that AFSCME members should be rewarded for their bargaining efforts, however unsuccessful.
"1 think we need to reward people who are working with us or trying to sign a contract," Smith said. The suit's potential impact "is such a large amount ... (it) would wipe the taxpayers out."

Smith also said that if "$1 00,000 is wasted defending" the city, not giving the raises will save more.

City Manager Jim Zumwalt, who recommended not giving the raises, said he did so because "If we're distributing a $6 million windfall, 1 find it hard to justify additional pay raises."

Sirk said the rationale for his decision was simple: "Other cities' (firefighters) are eligible, but they did not file suit. Nothing was done underhanded. It was an honest mistake."

Sun writer Bill Bartleman contributed to this report.

As published in the Paducah Sun on June 6, 2006