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Union unhappy with proposed changes to act

Firefighters union says rewrites should involve all, not parts of civil service act

Published: Monday, April 2, 2007 at 3:30 a.m.
Last Modified: Sunday, April 1, 2007 at 11:00 p.m.

FLORENCE -- The firefighters' union is not satisfied with proposed changes to the city's civil service act.

At its meeting March 20, city council agreed to take proposed civil service act revisions to the Alabama Legislature for approval.

The act provides guidelines to the civil service board. The board governs hiring, firing, promotions and demotions in the city's fire and police departments.

Proposed changes include:

  • yearlong probation periods for new hires or promoted employees who can be terminated or demoted by the department chief without due process

  • a vice chairman position added to take over when the chairman is unavailable.

  • appeal hearings to the civil service board will be recorded by a court reporter

  • fire or police personnel who appeal a decision of the civil service board can take their case to the circuit court without starting their legal files anew, which was required in the act's old version

    The original act was passed in 1947 and was revised in 1989. The current proposed act was based on similar ones from about a half-dozen municipalities and administrative rules of the Alabama Personnel Board, according to city attorney William Musgrove.

    Council members still have to approve final changes before sending the act to the Legislature.

    Currently, decisions made by the civil service board, such as promotions, demotions and disciplinary actions, are final.

    The next option for fire or police department employees is to appeal to the Lauderdale County Circuit Court.

    "The mechanism we have now is if you don't like (a decision), go to court," said Thomas Malone, Jr., representative of the International Association of Fire Fighters (IAFF), "Every firefighter and police officer deserves an opportunity to know their rights for proceeding before the civil service board."

    According to city officials, the substance of the act outlines the administrative duties of the civil service board, and does not change the rules and regulations that the board enforces.

    The rules and regulations make up a second document.

    "Just as soon as we get the Legislature to approve the act, then we will immediately get back on rewriting the rules and regulations to make it match the act," said Frances Nunnelly, chairperson of the civil service board, "We already have a rough draft of our changes, but our rewrite of the act itself was not sufficient."

    Around three dozen firefighters and representatives of IAFF Local 270 attended the March 20 city council meeting.

    The next day, Thomas Malone, Jr., an IAFF representative, and Florence Fire Capt. Terry Willet said they were unaware of what changes were made to the act and indicated any changes need to involve the entire act, not just a part of the act.

    "If they're going to go through the trouble, they need to be putting in better guidelines," Willet said.

    Union representative Malone agreed. "Since they have opened up the documents for change, they should finish the regulation," he said.

    The city council voted for the rewritten act, which does not change the rules and regulations section, but has new guidelines such as a protocol for filing grievances and discipline of employees in the fire and police departments.

    "I voted (for it) because there were some safeguards for the union and some housekeeping (for the board)," said Councilman Sam Pendleton.

    He said he plans to work on a rewrite of the act this summer that will include a salary schedule for police officers and firefighters.

    "My recommendation next is to rewrite the complete act," said Pendleton, who is chairman of the public safety committee. "The amendment and changes taking place are really going to cause confusion."

    Staff Writer Trevor Stokes can be reached at 740-5728 or trevor.stokes@timesdaily.com.


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