Dear Charlestown Residents:
The members of the Washington County Fraternal Order of Police, who are none other than Charlestown Police Officers, are at all times ready and willing to perform our duties to the best of our abilities in protecting the citizens of the Town Charlestown, at any risk to us. That is our job!
In constantly and vigorously fighting the battles in our Town concerning Domestic Violence, Substance Abuse, Drug Trafficking, Sex Offenders, Weapons Violations, potential threats in our Schools, Identity Fraud, or Internet Crimes against adults and children, Charlestown Police Officers are always poised and proud to protect our citizens.
However, without the support of our community and our Town Officials, our jobs become exponentially more difficult and more dangerous. With that said, the Charlestown Police Officers are frankly dismayed and disappointed by the apparent lack of support that has been shown to us by certain members of our Town Council and certain Town Officials through their shifting and misdirected negotiation and arbitration of our Collective Bargaining Agreement and their dissemination of misinformation to the public.
During the last meeting of the Charlestown Town Council, after returning from a meeting in Executive Session, Town Council President Marge Frank spoke publically in open session, stating that she wanted to quell certain rumors circulating about the police contract. In addressing the public, President Frank stated that: (1) the Town was not seeking a movement of Police Officers’ work schedules to 12 hour shifts, (2) the Town was not seeking any other wording changes to the existing Collective Bargaining Agreement, (3) that she was opposed to layoffs, (4) that the Council was willing to accept a three year agreement with raises of 0%, 0%, 2%, and (5) that particular changes to the OPEB (Other Post Employment Benefits) obligation was still negotiable.
The Charlestown FOP was shocked by these comments.
The FOP and the Town commenced negotiations in the Fall of 2009 concerning the open Collective Bargaining Agreement, and the Town’s negotiation committee placed some 60+ issues into negotiation. These included the 12 hour shift proposal, manning reductions, many other wording changes, and financial issues. The FOP believed all along that the Town’s negotiation committee had received its bargaining authority concerning these issues from its legal Corporate Authority – the Town Council. However, Town Council Frank’s comments clearly say otherwise.
Further, the FOP and the Town just recently finished testimony and the presentation of evidence in binding Interest Arbitration concerning the Collective Bargaining Agreement. Once again, the Town’s negotiation committee placed some 52 issues/items of change to the existing Police Contract into evidence before the panel of Arbitrators. These issues again included the Town’s 12 hour shift proposal, a reduction in manning in the Police Department, and many other wording changes. The Town also hired an expert witness at the cost of $5,000.00 to the Town to provide an expert report and testimony in support of both the Town’s 12 hour shift proposal and the proposal to reduce manning in the Police Department. In addition, the Town Administrator provided sworn testimony in support of each of these Town proposals, stating very clearly that the Town’s intention and goal was to secure and put into effect the 12 hour shifts and to reduce manning in the Police Department over the next several years.
Again, the FOP believed that the Town Council had authorized and supported this presentation of evidence and testimony to the Arbitration Panel regarding these issues, but, once again, Town Council Frank’s comments clearly say otherwise.
Our understanding has always been that the Town’s negotiation committee carries out the interests of the Town Council with the Council’s authority. This includes negotiations and arbitration. However, the Town’s negotiation committee and the Town Council now appear to differ over exactly which proposals the Town Council has been seeking from the FOP. Therefore, assuming President Frank's statements were accurate, then under whose legal authority is the Town’s negotiation committee acting in aggressively seeking 12 hour shifts, manning reductions, and other wording changes? How could the Town have spent $5,000.00 for an expert report and expert testimony in arbitration, when the Town Council is not even seeking the very proposals addressed and supported by that expert?
Arbitrating 52 issues has cost the taxpayers and the FOP over $100,000 in legal fees. However, now it is questionable whether or not such lengthy arbitration hearings were needed.
The FOP has always been willing to compromise with the Town in negotiating this Agreement – on salaries, healthcare, and OPEB – but compromise goes both ways. The Town’s aggressive negotiation and arbitration of proposals on 12 hour shifts, manning reductions, and many other wording changes, has lead the parties to the current situation. However, again, now the FOP must question whether the Town Council authorized the Town’s actions and President Frank is simply trying to cover all bases in a public forum just days prior to the election, or whether the Town acted without the authority and blessing of the Town Council – which appears to be the case.
We know that in a fight for safety, all Charlestown Police Officers will stand side-by-side as one in order to support and protect the property, lives and safety of those who call Charlestown their home. However, the Charlestown FOP has now begun to doubt the level of support and protection that we have from some of our own Town Officials, as taking President Frank at her word, it is clear that the Town’s negotiation committee acted without authority and attempted to secure changes that she says the Town Council never supported.
Sincerely yours,
Patrick J. McMahon, President
F.O.P. Lodge #40 – Charlestown
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