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City loses grievance filed by fire union

The fire chief and city manager were found to have threatened the jobs of union members when a no-confidence vote against the chief was looming.

By DEMORRIS A. LEE
Published June 30, 2006

CLEARWATER - The fire chief and city manager unlawfully threatened the jobs of union members last year, according to the state Public Employees Relations Commission, which ordered the city to cease and desist from such actions and pay the union's legal fees associated with the claim.

In a 32-page finding signed Tuesday, the commission agreed with Local 1158, Clearwater Firefighters Association Inc., IAFF, in its unfair labor practice complaint, which claimed several of its members' jobs were threatened when the union was getting ready to take a no-confidence vote against the fire chief, and when it questioned the hiring of a new fire marshal.

According to the commission, it was reasonable for union officers John Lee, Vincent J. Carino and David Hogan to believe that Fire Chief Jamie Geer and City Manager Bill Horne would take adverse action against them, including dismissal.

"When you break the law, there are consequences," Hogan, the union's secretary/treasurer, said Thursday.

Horne said the city didn't realize it was breaking the law and that it was not the city's intent to threaten union members.

"We respect the process, and we are prepared to move forward," Horne said Thursday. "We will obviously comply with their order."

Geer is out because of back surgery and couldn't be reached for comment Thursday.

In the commission's order, the city is asked to stop "threatening employees with adverse employment action and lawsuits for engaging in protected concerted activity," and to stop "interfering with, resisting, or coercing public employees."

Further, the commission's ruling asks the city to post that order for 60 days in places where union members can see it.

The complaint stems from e-mails sent to union leaders. The first e-mails by Horne and Geer concerned an upcoming no-confidence vote on the chief.

One e-mail, dated Sept. 1, 2005, was sent by Horne to Lee, the union's president, and copied to Carino, Hogan, Geer and other city managers, according to the commission document.

"The scheduled vote of no confidence on Chief Geer, regardless of the outcome, will generate unintended consequences for your IAFF Local 1158 members," the e-mail said. "I hope that you and your board are prepared to accept the internal and public unintended consequences that are sure to come during and after the vote."

On the same day, Geer sent an e-mail to all fire department employees, in which he said:

"It has come to my attention that the executive board of Local 1158 is conducting a vote of no confidence in the Fire Chief. I have believed all along that Lee, Carino, and Hogan would commit one last desperate act. I am through playing around and it is time for this to change. ... Lee, Carino, and Hogan have disgraced our honorable profession and most importantly have disgraced our honorable brotherhood of the IAFF."

Geer also sent e-mails in early September to firefighters that mentioned possible legal action against the union, which at the time was questioning the credentials of Steve Strong, who had been hired as a fire marshal.

In one e-mail, Geer wrote: "I have requested an investigation that may include the State Attorney General into two additional cases. I have tried to tell people that saying and doing what you want, where you want, and when you want, to hurt others comes with consequences."

Clearwater spokesman Doug Matthews said the city offered to settle the issue by doing a public posting before the case reached the commission, but the union declined. Matthews said the city will likely file an exception to pay the union's attorney fees because it offered the posting earlier. The city has 15 days from June 27 to appeal the order to pay the union's legal fees.

Matthews also said the city has addressed some of the issues immediately with Geer.

"We verbally conveyed to him the importance in using discretion, particularly in e-mails," Matthews said.

Hogan said because some of the e-mails went to the entire fire department, he wanted Horne and Geer to apologize in the same manner.

"This is a technology age," Hogan said. "The threats were done in a technological setting. We want an apology in an technological manner."

The union has two other unfair labor practice complaints currently before the commission. The union says it is awaiting a decision on a complaint concerning e-mail use for union business while on duty; and on July 27, a hearing will be held regarding what the union says is Geer's disciplinary actions against union members for use of the department's e-mail system.

Demorris A. Lee can be reached at 445-4174 or dalee@sptimes.com

[Last modified June 30, 2006, 00:03:55]