Those who didn't see this coming please raise your hand! Thank you to the TC majority, TM, and Kinder for taking taxpayers down the rosy path to financial liability. Guess who has made no contingency plan to rapidly gear up restoration of the NK Fire Dept.? The result will be more overtrime plus even more retro pay at corrected rates as this folly comes to full fruition. Merry Christmas from your Town Administration and Council. A tax liability that keeps on giving.

Tired- remember, Mr. Embury stated this is a test case. He gladly volunteered your tax dollars to go all Las Vegas and roll the dice. I'd roll the dice too, if I was playing with someone else's money, what would I have to lose really.?

NKresidenttaxpayervoter:

After reading Embury's response in the Hummel Report, if this was a test case, he flunked. I'm sure there will be a conference before the RISC, before they agree to take the case, if in fact they do. Meanwhile, I don't think municipalities can buy and if lucky win Powerball. I don't think the Town Treasurer would let Embury take the Town's funds and get anywhere near Foxwoods or Mohegan Sun for this crap shoot. He and Kinder are just "long hauling" (a term used by Taxi Drivers who don't take the direct route) the taxpayers. Does Embury get a percentage of the Kinder bill? Only logical reason to keep suporting this rotting fish.

I don't live in NK but just from reading this story someone should have slapped the good idea fairy way back when the wand was waived. What was the Town Admin thinking/not thinking? or the council or who ever had the "good idea".

When one takes a oath of office, regardless of the position, they swear to uphold the laws of the state and uphold the Constitution of the United States. The NK Town Council/Town Administrator clearly went against that oath. They should be held accountable for those actions.
Now I understand there are those that will say the TC was looking out for the taxpayers best interest, but there are proper procedures to follow. Now since those procedures were blatantly ignored by the TC/TA, the taxpayers will take the hit. Especially when Embury/Kinder decide to appeal this decision. The new TC should shut Embury down on this issue before he causes more damage.

Where do we start with the congratulations?

1st-The NK voters for returning these fools, Dolan and Hueston to the TC so that they can continue this and other fiascoes that are destroying the town. You even added another rubber stamp to replace Stamm, how thoughtful.

2nd-The NKGOP and their foolish stupid dogma & ideology that will continue to cost the town (the taxpayers) millions and millions of dollars! You should be proud of your idiotic town party leadership. The rest of the state and country said no, but not NK. Too bad the NKGOP chairman can't be sued for the damages, both past & present.

3rd-Congrats to all the NKGOP town committee members who are collectively responsible for supporting this TC like a bunch of dumb sheep. You know who you are and what you are!

4th-To attorney Kinder who is laughing all the way to the bank and will continue to do so on the taxpayer's dime.

5th-Kudos to those Independent candidates in the last election who had the guts and foresight to tell the truth about this and other issues. Unfortunately for the town reality wasn't something that the voters wanted to hear. This was the best opportunity our town ever had and probably ever will to have cleaned house on both sides of the aisle.

6th-Congrats to the FF.

Dan Kinder, going back to his charades to get Halley his buyout (he was representing the TOWN which halley ripped off in many ways), makes me want to VOMIT. The NKGOP is the cancer of NK as well and he is their stooge. Its not how the voters let them get away with this stuff, its how we dont have a decent group to replace the defunct NKTO to bring it to each mailbox in town. Thats really all it would take you know, a solid group with a plan and a mailing list. This is my opinion and its a good one.

1.3 million so far.. And if kinder and embury appeal the superior courts ruling and don't switch back to the old system just to lose in supreme court how much will the legal fees go up ? How much will these firefighters be owed in back pay? ... Its amazing that this town manager and town council can keep on taking the the law in there own hands and do as they please. They Lost in arbitration lost with the ordinance was ruled invalid and now lost in superior court..what's next ? Lose in supreme court? Its funny how the town council stated this system they implemented was common in departments all over and is favored yet he is on the record as saying this whole thing is a "test case" ... When is enough enough ?

I'd also like to point out the judge ruled that the dept had to go back to the old 4 platoon system which requires 68 total firefighters yet the dept only has (in previous documents and articles) 51 firefighters.. That means the town will be on the hook for 17 new firefighters due to the fact that they havent filled any vacancies. And the best part the department just tried to hire new recruits and they all supposedly left for warwick and other departments in the state. They can't even fill the spots when they try let alone retain firefighters who have been there for 5+ years.. Its sad when any fire department in this state hires and they get over 100 applicants and NKFD can't even get 1 guy to stay or accept the job ... Maybe if they apply for a grant like warwick did then the town and the FD can fill some of these massive holes within the department

Is there a procedure to recall the TC? Or do we all just move out of town.

This (the new one) is the system most of the country uses. We can't afford to spend any more money in this town. If we have to spend more money on the fire department, then we have to cut back on the police department. We can't afford it all. People are moving out because they can't afford the taxes, which are much much higher than Jamestown, Narragansett and Newport. We have very little crime here. Extremely little. Lets dump half the police force and see if the other half can take care of "lost wallet found." If that goes ok, lets cut back more. Something big has to give in North Kingstown.

NK Voter Recall Procedure:

http://library.municode.com/HTML/11995/level2/PTICH_ARTXIIEL.html#PTICH_ARTXIIEL_S1206VORE

Pam, if you take the time to read the decision, it's not the system they ruled against. The Town Council went about it the wrong way by violating contract and state laws.

We all knew this would happen. Now it's time to do the right thing and put things back the way they were. You can all thank Dolan and Hueston for this mess.

http://www.630wpro.com/common/page.php?pt=North+Kingstown+firefighters+win+major+round+in+court&id=1872&is_corp=0

All interested should read the above. Embury called the judges ruling a "head scratcher". Are you kidding me Embury? Is it really such a shocker that a judge upheld the law?

Furthermore, because I cannot resist: The Town of North kingstown was told specifically by its solicitor that forcing The firefighters into this new schedule would be legal.

Well..... It wasn't.

If I eat at a restaurant and get sick, the department of health steps in and disciplines the restaurant. Also, I can sue the restaurant. My point being; NK got served up a bad dish of legal advice. Any legit business carries insurance, doctors carry malpractice insurance, can we seek damages from our town solicitor? Or does the legal system not work that way?

So glad that the town council retained Kinder, once again for labor disputes.

Dan Kinder = Throw a bunch of sh** at the wall and see what sticks.

I know all the posters on this blog are making their comments figuring there was a CBA in place. Embury said the town absolutely had the right to control work shifts outside the contract - or collecting bargaining agreement - which had expired. If there was no contract in force at the time the town council acted, I question where this judge is going with this. Remember, a similiar situation took place a few years ago in East Providence with their school teachers over wages and other issues and the contract had also expired. The school department was forced to expenses because the city was in trouble. The teachers balked and took the city to court. They lost there and also in the Supreme Court. When collective bargaining agreements expire, those employees become "employees at will" and accept whatever the employer decides on policy. If this judge made this ruling knowing there was no contract in force, then he is on a fishing trip. The other point is that the town would be foolish to pass an ordinance that would change the language in an existing contact. If there was language that stipulated working hours in the contract, then Embury is wrong. This decision hangs on whether there was a valid collective bargaining agreement in force when this ordinance was passed.

Did Kinder come highly recommended from the "Heavy Hitter"? Sounds like the Town Council should seek some relief from his malpractice insurance carrier while filing a complaint with the RI Bar. The expectation of sound legal advice is what the taxpayers and the Council deserved.

@Jeff--The TC is the problem! They have the final yeah or nay.
@Gov--The last collective bargaining agreement has been rolling forward annually. The town has committed multiple legal issues by following some parts and exceeding their authority in other parts. They can't have it both ways legally. There is no way that a higher court is going to uphold the town or this foolish TC.
If the taxpayers (notice I did not say voters) don't stand up and demand some clear cut reasonability on the part of the TC and the town officials then maybe some of us will make the attempt to recall them all! As well as fire the others. Enough is enough. We pay the freight and these fools are wasting time and a lot of taxpayer money.

Govstench, you'll notice the Judges ruling mentions something called the Firefighters Arbitration Act. That State Law keeps a previous contract in place until a new one is signed either by negociation or arbitration. Even though the contract expired, both sides are bound by State Law to keep working under the old one. If the Town doesn't like this law, they should instruct their Stae Reps and Senators to change the law before violating it. The Towns lawyer and TC should have known this because it's not a new law.

Just some helpful info. Anyone trying to undercut the judges credibility should remember this. Judge Stearn is a CONSERVATIVE REPUBLICAN appointed to the bench by DON CARCEIRI, so remember he has no love for labor or unions, however he has correctly ruled on the LAW. and the posters who point out the difference between the teachers situation in EP and the police and fire arbitration situation are correct. the teachers do not have arbitration. The reason arbitration is a good idea for public safety is that with an old contract still in effect until a new one is agreed to the possibility of a strike is eliminated in a situation where the sides cannot quickly agree. While I understand that teachers are also not allowed to strike they do on occasion and when they do the consequences are not a severe as not having a police officer or rescue not available.