JUDGE REJECTS FIRE DEPT UNION'S RESTRAINING ORDER AGAINST CITY

by Michael Monks
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The months-long battle between Covington's elected and appointed leadership and the city's fire department landed in a Kenton County courtroom this morning. Judge Gregory Bartlett rejected firefighter union Local 38's attempt to impose a restraining order on the city to halt the reduction of staffing per shift from 30 to 27 on the grounds that that responsibility belongs in the legislative process and not the courts. In a proceeding that saw a former Covington fire chief cross-examine the current one, many of the familiar arguments from both sides resurfaced.

"This is not about public safety, this is manufactured drama," barked Covington City Solicitor Frank Warnock. "This is about money and power. Local 38 has to take care of their own but we have to look at the whole city. As much as Local 38 doesn't want to talk about it, the city is in financial trouble."

Local 38's attorney, Charles Wheatley, a former Covington fire chief, argued that the case was not about the current financial situation in which Covington finds itself, but rather about the safety of firefighters. "Firefighters have a right to thirty people on the job," Wheatley said. "(In negotiations) the city would only offer that they could reduce firefighters to any number and would not agree to a minimum. This hearing should not be about the city's financial situation. It's a breach of contract claim."

The city and Local 38 were operating under a Memorandum of Understading dated back to November 2010 in which Covington agreed to staff thirty firefighters per shift. But that memo included language that the city could reopen the debate on staffing levels if a significant condition arises. Warnock argued that the significant condition is here in the form of the financial crisis Covington currently faces.

Wheatley contended that a national firefighters association suggests that for a city the size of Covington, the recommendation is for forty firefighters per shift. Local 38 agreed to the level of thirty in the mid-1990's and has operated under that number ever since. "I don't know of any other Northern Kentucky community that adheres to these standards," Warnock countered. "They are not binding. Most don't because they can't afford it."

"We're going broke. We had to do something," Warnock said.

Negotiations between the city and Local 38 over health care benefits and overtime issues officially reached an impasse last Wednesday. Fire Chief Chuck Norris implemented the new staffing levels early Monday morning. Local 38 filed its claim at 4 o'clock yesterday afternoon.

Judge Bartlett listened to both Wheatley and Warnock in addition to testimony from Norris and Local 38 President Chris Black. In making his decision to reject the proposed restraining order, Bartlett said he did not believe that the court could interfere. "Should the court order the government to replace the Brent Spence Bridge," he asked. "I can't tell the city to come up with the money."

During Norris's testimony, the chief did lend credence to Local 38's claims about public safety, insisiting that in some cases, water would not be poured on fires until up to five minutes later than usual with the shuttering of Pumper One at Scott & Robbins.

Twelve new firefighters will be on the agenda for approval by the city commission at next Tuesday's meeting to replace those that retired this past summer.
For original story about Local 38's efforts at court, click here