What Can We Expect
Posted 03/06/03
The ongoing legal situation we are involved in with the City is a small item on our current agenda and long range plans. Although we are monitoring and being appraised of its' progress, it occupies very little of our time or effort. Since the City apparently felt the issue was not worthy of their review and decided to "dig in" and defend its' unfair and inequitable decision; we were left with no choice but to turn the matter over to our attorneys. The membership has spoken and we have responded.
Many members have asked us what LPOA and LPFA (firefighters' association) can expect the City's reaction will be to this assertion of constitutional rights by its' police and fire employees. We can make a reasonable assumption of what you can expect. As police officer's we are all very aware that human behavior is predictable to a point. The better you know the personality you are studying the more accurately you can predict the future behavior of that individual. If that individual is in a position of power, then you can generally predict the behavior of the organization he controls or influences in any given situation. This concept is nothing new. This is something people in law enforcement do regularly and we are very good at it. Based on this analytical theory one can develop, in advance, plans and strategies to follow when that predicted behavior is displayed. When doing so we prepare for the worst behavior and implement our strategies as the situation unfolds.
When the membership of our association decided to take its' just and righteous stand against the inequitable treatment several of our members were being subjected to, we began our study and planning. We put certain City officials involved in this affair under our collective microscope. Their actions to this point have been exactly what we predicted. We did an analysis of personality traits, observed interactions and past behaviors, to formulate a list of strategies to implement when any given situation calls for it.
In answer to the question, "What can we expect?” Well, without going into all the details, don't be surprised to see an orchestrated attack to divide our association with rumors, threats, and finger pointing. That is a typical, "age old", worn out management tactic commonly used when it wants to attack an employee organization rather than work with it. Ultimately the employees see this foolishness for what it is. Its' the old "divide and conquer" theory. If they take the time to study how this tactic has worked elsewhere, they will find out that strategy usually only serves to strengthen and anger the members of the organization it is seeking to destroy. The ultimate end result is an administrative disaster that comes from creating rock bottom employee morale, which results in lower productivity and valued employees leaving to enjoy better work environments. Ultimately the citizens who we proudly serve suffer an erosion of services. When this occurs it takes years, and usually a change at the top, to turn things back around. It potentially can be political suicide for those who embark on that chosen course.
It is our opinion that if the City felt its' position was strong and had nothing to worry about then we would expect to see very few dirty tricks from them They probably would view this whole affair as a minor irritation. Unfortunately, at this stage it would appear they have blown it out of proportion and view it as a BIG problem. That being the case some of the things you might see are listed below. Of course all of these things will be alluded to by City officials as happening because LPOA and LPFA are suing the city. Its called "blame shifting". Similar in nature to that of the defense attorney attacking the victim and blaming the victim for the acts of the perpetrator. In reality it is simply retaliation. Pure and simple.
The following are just some of the possible tactics that may be used. We want you to be aware of them in advance so you can see them for what they truly are, "Smoke and Mirrors". Hopefully, cooler heads will prevail and none of these will occur.
All of these things and more are possible. Whether the City would actually follow through on any of these rumors or threats would not be their point. They would want you to believe they will happen in order to cause doubt and worry. These tactics are designed to manipulate confidence, thoughts and feelings. If these tactics are employed we are prepared to deal with them. Additionally, our attorneys and FOP are urging us to report anything that appears to be retaliation for their review and action. We would not hesitate to get the NLRB involved if things went too far.
Of course it is our sincerest hope the City will act in a professional and responsible manner and allow this business to run its course. It is our belief the Citizens of Longmont place Police and Fire Services high on their list of priorities, and would be angry to see any actions by the City that would lower that standard or degrade those services. We do not seek an adversarial relationship with the City. That is the City's choice. This problem is only as big as they make it. They control how far this dispute will go, and how professionally it will be handled.
We certainly will not be the first to resort to any dirty tricks or tactics. We are content to let this issue run its' course through the proper venues. This is simply a course of business for us. We exist to protect the interest and rights of our members. Both LPOA and LPFA seek good working relationships with Police and Fire Administrations. There are many things of mutual interest, which can be achieved when employees and management work together. When management and its' employees work together there is usually harmony and increased productivity in the workplace. That atmosphere results in excellent Police and Fire service to our citizens. That is one of our goals. We can only hope the City shares this understanding and benefit. Please visit the LPOA Forum and leave your thoughts, comments or ideas on this subject.
City Asks for Extension
Posted 03/14/03
On Friday, March 7, 2003 our attorney Darold Killmer, received a phone call from the Assistant City Attorney Ed Yosses requesting a seven day extension to the deadline imposed by us for a response to our proposal to engage in third-party mediation in an effort to resolve the pay-step issue. Mr. Yosses advised Mr. Killmer the City intended to respond to our proposal. However, due to scheduling conflicts of those City Officials who would be instrumental in making a decision on that proposal, the City would possibly need up to seven additional days to respond. An extension was given and the deadline for the City's response is now the close of business Wednesday March 19, 2003.
In a newspaper article dated March 7, 2003 the current conflict with the City was reported in a fair and neutral manner. However, within that article was the following quote from the City Manager, "Pedrow said the City isn't dealing with the associations as though they are Unions. 'I have been communicating with individuals with the police and fire departments,' he said. 'They are employees, and all employees have the right to ask questions, get information and communication." Of course he failed to mention these employees also have the legal and constitutional right to seek relief when they are subjected to an illegal and inequitable act by their employer.
We are more than a little bewildered by the City Manager's claim. To our knowledge he has never communicated with individual members of the Executive Board; or individual members of the Police Officer's and Firefighter's Associations; or any of the members affected by the City's illegal decision concerning this matter. He has in fact communicated on this matter with LPOA & LPFA as the Associations representing the City's police officers and firefighters. Perhaps he meant he has been talking to the Chief of Police and Chief of Fire. If not then it is just another mystery to us. Of course why he is moving in a direction which possibly "would divert scarce public resources from the primary mission of serving the citizens of Longmont" is equally mysterious.
Attorneys
Begin Client Meetings
On Friday, 05/23/03 Attorneys Darold Killmer, Marie Newman and CPA Ray Saitta conducted a series of detailed interviews with the eleven police officers being represented in this lawsuit. These interviews are the first in a series of steps necessary in preparation of the lawsuit. Interviews with the seventeen firefighters will be completed in the near future. The attorneys were confident in the strength of this case before these interviews. The information received gave them even more reason to believe we have a very strong position if we go to trial. That will only grow when they complete their firefighter interviews. There are several other things that must be accomplished before officially filing with the court. Filing is only a formality. The lawsuit unfortunately is a fact of life and is moving forward unless the City wakes up and deals in good faith.
City
Rejects Attempts To Settle
Today, 05/12/03, we received a letter from City Attorney Douglas concerning an effort on our part to resolve this dispute. The City once again has turned its back on our attempts to deal in good faith. It has held true to the course City Manager Gordon Pedrow set months ago when he rendered a decision to violate contractual obligations and commitments to the 28 police officers and firefighters who were hired with the understanding they would receive pay step increases if those employees upheld their end of their condition of employment. That being satisfactory performance. The City Council followed Pedrow's lead.
The true colors of how certain City officials feel towards their employees and the taxpayers of this City are on the record for all to see. Those behaviors are well chronicled throughout this page of our web site. The smoke screen of brown bag lunches and patronizing emails has been blown away by their behavior on this matter. Public safety employees have seen where they stand. We have learned the City's word cannot be trusted. When they speak all we know for certain, that can we can trust, is that their lips are moving.
We have attached a copy of the latest letter from the City Attorney to the links at the bottom of this page. LPOA and LPFFA have instructed our attorney to proceed with the necessary process of filing suit. LPOA is also contacting the CPA to begin coordinating with our attorney on conducting the audit.
City
Audit Planned
If the City thought we were kidding about taking them into Federal Court on the pay step issue they now know better. If they thought we were kidding about auditing the City they had best think twice. We do not make false promises. On Wednesday 04/30/03 members of the Executive Board met with Mr. Raymond A. Saitta CPA, of the Accounting Firm of Levine, Hughes & Mithuen, INC. (LHM). They are a prestigious accounting firm used by FOP when conducting City Audits. We are serious about this and it has been long planned in the strategies we developed months ago in our Executive Board's strategy planning session. The move to this next step will be dependent on the City's May 9th response with respect to the legal action. If they decide to put the taxpayers through a federal lawsuit then we have no choice but to file it. At that point we will give a green light for the audit.
Sometimes we get the feeling they are still having problems trying to accept they are not dealing with a bunch of amateurs. We have always had a plan. We have followed each step exactly as we planned from day one. There are strategies still awaiting implementation as this legal action unfolds. We have the knowledge, experience, resolve and will to professionally conduct this campaign to its conclusion. This is the LPOA they can expect to deal with now and in the future. The Executive Board is committed to LPOA's future. We have changed as a professional employee representative association, and will always be a force acting in the interest of its members and our profession. We are and will be the voice and representative of the police, now and in the future.
Lawsuit
Coming!
The legal position put forth by the City has been analyzed. Without boring you with all of the legal arguments; it is obvious their position is weak and does nothing to challenge or change our legal position. That being the case the decision to proceed to a lawsuit has been made. There is a small window of time in which they still have the opportunity to resolve this issue before we initiate formal legal proceedings.
It is our opinion they will not take advantage of this to avoid putting the taxpayers of Longmont though this unnecessary expenditure of tax dollars. It would appear that is not a concern of theirs. We have been left with no choice but continue to hold out hope someone on the City’s side will see the futility of their decisions. We intend to begin a public relations campaign educating the taxpayers about this dispute.
Today we learned the city discovered it has six million dollars extra in the “General Fund”. Apparently they are using new math and lo and behold up pops six million bucks. We have attached a copy of Finance Manager’s memo and the “City Council Communication” concerning this discovery. None of the proposals by Staff include using any of this money to correct the decision to deny the 28 police officers and firefighters this year’s step-pay increases. Apparently salaries are not payable from this fund.
However, one need only review the City Manager's response to our original letter to the City Council to wonder just what the truth is with regards to their TABOR claim. For further clarification read the attached City Managers response at the bottom of this page. We do not expect the City Council will take advantage of this new found money to end this dispute quietly and avoid a lawsuit. See the appropriate links at bottom of this page for details.
City
Responds to Mediation Request
In a letter dated March 20, 2003, the City Attorney responded to our request for mediation. You can find a copy of the faxed letter (poor quality copy) by selecting the link to the letter at the bottom of this page. The response stopped just short of rejecting mediation completely.
In essence the City, rejects our legal cite of "Vigoda v. Denver Urban Renewal Authority, 646 P.2d 900 (Colo. 1982)" and cites two legal authorities of the Colorado Appellate Court from 1984 and 2000 which they believe gives them the authority to deny the pay steps. Those two cases are "Keeling v. Grand Junction" and "Alderton v Colorado". They claim their two legal authorities are more pertinent to the issues at hand and sanctions the acts of the City Council and City Manager. You can find "Alderton v Colorado" attached at the bottom of this page.
An initial glance at the legal cites made by the City would indicate they are germane to the issue at hand. However, there are numerous distinct differences between those authorities and the case at hand. We ask that you take the time to review "Alderton v Colorado" and educate yourselves to the legal issues. Unfortunately we are being pushed to the brink of a lawsuit. That is the decision of the City and we will respond accordingly. We fully intend to open this issue up to full public disclosure if we are forced to proceed.
The letter advises the City sincerely hopes to avoid formal legal proceedings. However, the City goes on to say they have difficulty seeing how mediation might resolve the dispute if that mediation focuses on “questioning and compromising” the City Council’s and City Manager’s decision. They ask for greater detail as to what was intended by our request for mediation. Imagine that! A City Attorney and City Manager who don't understand what mediation means.
Additionally, they advise there is no intent to retaliate against any employee for their opposition to the City Council’s decision. They state employees have “certain” rights to express themselves and to assert legal claims without fear of retaliation. They state the City Council and City Administration respects those rights and “will do their best” to see that employees suffer no adverse employment action from “exercising them”.
LPOA and LPFA are well aware of our rights and certainly hope the City will do more than its’ best to ensure those rights. We still believe the possibility exists they may employ some of the tactics we have outlined below in the article “What Can We Expect” (see archived articles). As we previously stated we certainly hope the City proceeds in a professional and responsible manner and avoids doing anything we speculated in that article.
With respect to the City’s response to our request for mediation of this dispute; we are reviewing and analyzing their letter. As soon as we have decided on the course of action we will take you will be notified. Check the website frequently for further updates. You may also want to go to the LPOA Forum and post your opinion or enter into discussion concerning this potential rejection by the City.
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