Wednesday, May 31, 2006

By Brian Peach bpeach@paducahsun.com

In the absence of Commissioner George Sirk, a 2-2 vote wasn't enough to overturn a Paducah firefighters' grievance regarding an exchange of work policy among firefighters.
It means the "work-back" policy reverts back to the pre-February policy that allows firefighters to cover shifts for their colleagues without limit or obligation for returning the favor.
It voids the February policy approved by the commission that required a firefighter whose shift was covered to return the favor within six months.
City Attorney Stacey Blankenship said the old policy may have some legal problems, but said it's an issue that has never come up in the court system, so there's no precedent.
Basically, a firefighter who voluntarily works for another firefighter doesn't receive any additional pay for the extra work. That money goes instead to the firefighter that isn't working. And, the helped firefighter isn't required to pay back the time.
Mayor Bill Paxton and Commission Buz Smith sided with Blankenship and said forcing the benefited firefighter to pay back the time worked for him should be done within six months.
"I do think that at the end of the day, we do need to listen to our city attorneys who we pay on retainer," Paxton said. Commissioners David Guess and Robert Coleman disagreed, saying that the policy has worked since the 1970s and doesn't need to change. Guess said his primary concern was firefighters were receiving more money, possibly through overtime, which they aren't by working for others.
Sirk, reached by phone following the meeting, said he was out of town on both business and pleasure. But had he been at the meeting, he said he would have taken Blankenship's advice and rejected the grievance.
Sirk was under the impression that another vote could take place when he returns, but City Manager Jim Zumwalt said he didn't know if that was legal. Blankenship could not be reached after the meeting to determine whether a second vote would be legal.
Sirk said he didn't request the grievance item be pulled because he wasn't able to attend.
Before the grievance made its way to the commission, it had already been rejected three times by city officials. However, a state appointed mediator sided with the firefighters and recommended the grievance be upheld.
The grievance was filed following a city decision in February to change work-back policies outlined in the contract with the International Association of Firefighters Local 168. Blankenship said the change could prevent a future lawsuit from being filed against the city by a firefighter unhappy with not being compensated for the work he did.
She and Paxton repeatedly referred to a current lawsuit by firefighters against the city that could cost millions of dollars. In that suit, firefighters claim their pay wasn't calculated correctly for years.
At Tuesday's meeting, wording in the work-back policy language was argued between David Suetholz, an attorney for the firefighters, and Blankenship.
Firefighter Raymond Skibinski spoke about how he was punished about two months ago for not knowing the policy, asking an acting assistant chief for advice, and following the wrong advice he was given regarding being able to have another firefighter work for him.
The issue as a whole was addressed after former firefighter Mark Jordan contracted hepatitis C liver disease and had firefighters work for him for two years.
In other business, the commission:
o Briefly discussed the coming fiscal year budget and listened to Paducah Housing Authority Director Cal Ross' request for financial assistance for South Side projects that include purchasing the former Lincoln High School property between Ohio and Tennessee streets and 8th and 9th streets, and building between eight to 10 homes on the site.
That area is adjacent to the 14 new homes the authority built at Heritage Place. One of the 14 homes have been sold. They averaged $130,000 to build and will sell for about $60,000 each.
Ross is asking the city for $150,000 for the newly proposed project, plus up to $20,000 for payment in lieu of taxes. The land must first be purchased for the deal to be feasible, Ross said.
The homes would be modular housing, and Paxton was concerned about what they would look like in about 50 years.
The commission will discuss Ross' request and the approximately $28 million budget in a day-long meeting on Monday.
o Agreed through an emergency ordinance to pay $50,000 to the Greater Paducah Economic Development Council for a "recruitment initiative" to lure new businesses.
o Guaranteed through another emergency ordinance that Kentucky Oaks Mall will not experience any diminished service by the rapid expansion plans of new sewer lines in the U.S. 60 area beyond the mall.
The lines are being installed by the Paducah-McCracken County Joint Sewer Agency and the commission said the mall owners sought assurances that additional service wouldn't interfere with existing service.
A guaranty agreement was approved, and it also assures that the city will not restrict future mall development with respect to existing sewer facilities.