Fire Fighter, Statesville Local 3137 File Suit Against City Manager, Assistant City Manager
Statesville Fire Fighter Scott Butler and Statesville Professional Fire Fighters Association have filed a suit against the city manager and assistant city manager asking the city’s leaders to allow Butler his right to a Civil Service Board grievance hearing, which has been denied to him following his failure to receive a promotion.
In a suit filed in Iredell County Superior Court, Butler and Statesville International Fire Fighters Association Local 3137 are asking for a mandatory injunction to direct Lynn Smyth, assistant city manager, and Larry Pressley, city manager, to grant Butler’s grievance be heard in front of the Civil Service Board. Under the City of Statesville Charter, specifically Article V, Section 5.5, employees have a right to bring their grievance before the Civil Service Board. According to the charter, grievances include promotions, demotions, suspensions and terminations of members of the fire and police departments. Butler, a veteran of the fire department since 1992 and a member of Statesville Local 3137, applied for a deputy chief position in October 2014. He successfully completed the promotional process, but in June 2014, the position was filled by an outside candidate. Butler has since requested his denial to this promotion be heard in front of the Civil Service Board multiple times over the course of the last year. All his requests have been rejected.
In the suit filed, Butler and Statesville Local 3137 are asking for a preliminary mandatory injunction directing the city manager and assistant city manager to allow Butler to present his grievance regarding the failure to be promoted to Deputy Chief to the Civil Service Board as required by the Statesville City Charter. The suit also asks for a permanent injunction directing the city manager and assistant city manager to abide by Article V of the City Charter and allow fire fighters to file and pursue grievances before the Civil Service Board as to all matters of concerns set out in Sections 5.5 and 5.14.1.
“As president of Statesville Professional Fire Fighters Local 3137, we regret having to go to this extent to get results,” said John Perry, Statesville Local 3137 president. “We have a member who has applied for a position and he has a right to be heard during an grievance appeal.
“We will continue to be supportive of the Statesville Fire Department and the citizens of Statesville. They are our primary concern.”
Statesville Local 3137 is an affiliate member of the Professional Fire Fighters and Paramedics Association of North Carolina (PFFPNC) and the International Association of Fire Fighters (IAFF). PFFPNC attorney Travis Payne, of the law offices of Edelstein and Payne out of Raleigh, filed the suit on behalf of Butler and Statesville Local 3137.
“It is unfortunate that fire fighters have to resort to a lawsuit because city officials will not follow and respect the clear directives of the city’s charter,” Payne said. “Hopefully this matter can get quickly resolved.”
Both Butler and the Statesville Professional Fire Fighters also are hopeful for a fruitful outcome.
“We feel there has been a law broken to not allow this (appeal) to happen,” Perry said. “We want due process – due process that is already in the statute in the law.
“This is not an attack on the City of Statesville but a matter of public safety for both fire fighters and police. We have a right to appeal.”
Greenville Professional Fire Fighters, City Of Greenville Reach Agreement In Suit Filed In 2013
A lawsuit that was filed almost two years again between the Greenville Professional Fire Fighters Association IAFF Local 1867 and EMS Specialist Lisa Davis-Christ vs. the city of Greenville has been settled after determined efforts from Davis-Christ, Local 1867 and Professional Fire Fighters and Paramedics of North Carolina Association attorneys.
Among the agreements in the settlement are:
- The city agrees its employees may join and/or support any lawful fraternal, professional or other association as long as such participation does not interfere with the duties or responsibilities of the employee with respect to their work as a city employee. This includes the right of employees of Greenville Fire Rescue to join and/or support the GPFFA.
- The city agrees that … the fire chief will meet with representatives of GPFFA to discuss any concerns GPFFA may have with respect to Greenville Fire Rescue, upon written request of GPFFA … requesting no more than one meeting a month.
- The city agrees that Greenville Fire Rescue employees may participate in the MDA Fill-the-Boot campaign while off-duty. For a period of two years, the city agrees to permit off-duty firefighters to wear GFR clothing while engaging in Fill-the-Boot activities, and to permit the use of reserve fire truck in the fund-raising activities.
- … The city agrees to pay EMS-Specialist Lisa Davis-Christ the gross sum of seven thousand dollars. … The payment set forth is in comprise of a disputed claim for damages, reimbursement of costs and/or attorney’s fees.
“Being almost two years, we are glad it’s settled,” said Davis-Christ. “We are happy with the outcome, and I think we got some good points. (There are agreements in the settlement) that are good for not only the fire department, but for all city employees.
“We still have bridges to build between the city and fire department. One of our points is that we will get a meeting once a month with the Local and chief. That’s never happened before. We are hopeful we can work together.”
The suit was filed in August 2013. Davis-Christ stated the city violated her constitutional rights. Greenville Professional Fire Fighters Association Local 1867 also filed as a plaintiff in the suit. Davis-Christ and GPFFA stated the city was trying to “weaken and destroy the GPFFA”, and it resulted in unfair punishment toward Davis-Christ, the vice president of the association, that most likely caused her not to qualify for a promotion to lieutenant.
PFFPNC attorney Travis Payne of Edelstein and Payne out of Raleigh represented the case.
“The faith in the International (International Association of Fire Fighters) and their backing is the reason was possible,” said Davis-Christ. “This couldn’t have happened without their support both financially and backing of us.”
Fayetteville Local 1873 Plays Large Role In Department Getting Raises, Bonuses
For the first time since 2000, Fayetteville fire fighters will see either substantial pay raises or bonuses after a hard-fought battle with the Fayetteville City Council.
Fayetteville Local 1873 was in the forefront of the battle, in particularly by starting Fire Ops 101 to educate its elected officials.
Throughout the last few months, members of Local 1873, as well as the department, stayed strong and mature as city council questioned how hard the fire fighters actually worked and why they deserved pay increases.
“We are very passionate about what do,” said Frank Kocsis, president of the Fayetteville Professional Firefighters Association IAFF Local 1873. “The statements we heard from our bosses were very hurtful … But we knew we had to react in a positive way, which was very difficult because we had to take the emotion out of it.”
Fayetteville City Council approved a general fund budget on Monday, June 8, that includes a plan for pay raises that lower-ranked fire fighters and new hires can expect to see over their careers. Some fire fighters will receive upwards of a five percent increase in pay, while everyone will get no less than two percent. Ranked captains up to chiefs will get bonuses ranging from $500 to $1,000. The approved budget also included a one percent city contribution of employees salaries to their 401K – a first for the city.
Since 2006, the Fayetteville Police Department has had a more generous pay step plan, according to local media. Also in 2009, police officers received pay raises while fire fighters got nothing.
The battle with the city council was not without drama and often included snippy shots from the city council. However, under Kocsis’ leadership, members of Local 1873 and the department took the high road and were able to get their message across while staying mature.
“Often times our Chief’s hands were tied, so the Union stepped up to educate elected officials on the job we do,” Kocsis said. “We offered Fire Ops 101 to city council to educate them, and less than a week after it started, the statements of inadequacy stopped.”
In addition to the pay increases, the department got a public apology and one council member praised fire fighters for their professionalism.
President Tom Brewer and District 3 Vice President Keith Wilder represented the Professional Fire Fighters and Paramedics of North Carolina by attending a city council meeting with the department. Wilder also assisted in helping Fayetteville start Fire Ops 101.
Brewer said it was inspiring to see nearly 100 fire fighters, their spouses, kids and retirees attending city council meetings in a show of solidarity.
“The members of the Fayetteville Local and fire department show what can happen when we stand together and get active,” Brewer said. “I am tremendously proud and inspired by everyone coming together. Hopefully Fayetteville can build on this, and we can all learn from this.”
The ordeal, while not over, is a success and example of achievement. Kocsis thanks fellow Local 1873 members and PFFPNC Locals and E-board members for their support. He was also surprised and humbled but the citizen’s support, as well.
There’s still work to be done in Fayetteville. Local 1873 plans to stay focus on getting fair compensation and benefits for all fire fighters.
“This has been 15 years in the making and it’s not going to get solved in 15 days or even 15 months for that matter,” Kocsis said. “But the people are listening to us, and we don’t want to see that door close.”