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Letter From Town Council States Its Case Re: NKFF

Credit: NK Patch
Credit: NK Patch

To the Editor:

We, as North Kingstown Town Council, have remained silent regarding the contract talks between the North Kingstown Firefighter Union and the Town of North Kingstown until now so as not to complicate the issues or be called out as not bargaining in good faith.

Throughout the entire contract negotiations the Firefighter’s Union has taken every opportunity to attack the town’s position in the press without stating the real issues that remain unresolved. Until now the town has taken the position that we will not negotiate in the press. Here are the facts that exist regarding the contract:

  • The town has complied with all of the required negotiation steps over the past two plus years including mediation, arbitration and interest arbitration without coming to a mutual agreement.
  • RI General Law states that a contract cannot exist after three years. The contract period was completed when interest arbitration was enforced. This added one year to the existing contract conditions. That time elapsed in 2011.
  • RI Supreme Court decisions have upheld RI General Law regarding contract length. When the contract period is up the contract is over and no contract conditions exist.
  • North Kingstown has a Home Rule Charter given by the State of Rhode Island which allows for the town to manage its affairs and allows the Town's elected and appointed officials to change the way it provides services to the community as they determine is in the community’s best interest. Once the contract had expired the town had the right to unilaterally determine how the fire department would operate.
  • The town has made several offers to the firefighters during the last year which have gone unanswered. Among these include the return to the former work schedule. The firefighters have not responded to any of these offers to date. At some point you have to stop making offers that are not being considered and without any counter offers being presented.
  • It was a foregone conclusion that Judge Stern would find for the firefighters since that was his earlier position. The Supreme Court, though, stayed Judge Stern's earlier decision last April.  It was also a foregone conclusion that either side was going to object to an adverse decision and appeal to the Supreme Court.
  • Given the current membership of the seven member RI State Labor Relations Board and the five members who voted on this matter, there was no doubt of the outcome.  North Kingstown Town Council President Liz Dolan, a Management representative since 2000, did not participate in the matter and recused herself; Bruce A. Wolpert, a private attorney appointed as a member representing the Public, chose not to participate because he was appointed in the spring of 2013 after this case was initiated.  The five SLRB members voting against the Town of North Kingstown were Chairman Walter Lanni, representing Management since 2000 (though a retired Cranston Fire Chief, he was a long term member of the Cranston fire union throughout his tenure); Marcia B. Reback, newly appointed to the Board as a Labor representative in the spring of 2013, Past President of the Rhode Island Federation of Teachers and a member of the Executive Board of the RI AFL-CIO;  Scott G. Duhamel, also appointed as a Labor representative by Governor Chafee in the spring of 2013, a business representative of the International Union of Painters and an Executive Board member of the RI AFL-CIO; Gerald S. Goldstein, former Warwick City Councilman and member and Management/Local Government of the RISLRB since 1996; and long time Labor representative Frank J. Montanaro, Retired President of the RI AFL-CIO and Rhode Island Association of Firefighters.
  • Several times over the last year there have been posts on the North Kingstown Patch proclaiming that the firefighters are underpaid and that the average pay is in the middle forties. It is public information available on the town website listing all of the pay and benefits that the firefighters receive. With 62 personnel and a pay/benefits budget of $6.9 million, the average firefighter cost the town over $100,000/year. We have an overtime cost of approximately $1.5 million because of excessive sick calls in which other firefighters take turns covering for each other.
  • We have one of the most expensive cost per man in the State of Rhode Island. The real issue here is not the 24 hour shift which is common throughout the country. The real issue is money.  The firefighters were offered to return to the former shift of four days on and four days off more than two years ago, and did not respond to the offer at all.

For the Town of North Kingstown and the taxpayers the question is what are the management rights when it comes to operating our town? Is it the union’s right to determine how we will provide services to our residents or the elected officials? Is the town treasury an open pocket book for any union to demand money from? What should the residents who pay these bills expect from the town council?

It would be easier to cave in to union demands rather than negotiate in good faith and protect the taxpayers from excessive contracts. Our position has been to protect the taxpayers pocketbook, to negotiate in good faith, to abide by long standing state law governing how we operate, and to use the Supreme Court rulings as our guide.

We are looking forward to the Supreme Court’s review of the issues and a favorable ruling based on the RI General Law and past Supreme Court decisions. Prior to any decision by the Supreme Court we remain ready to continue to meet with the union representatives to resolve the issues and to bargain in good faith.

It is our sincere hope that the Supreme Court will find that the very important issues raised in this case regarding management rights will be addressed this year, so that current and future elected officials have clarity about what our fiduciary duty to the taxpayers is as balanced with our obligation to negotiate contracts with public employees.

                                                                                             January 13, 2014

Respectfully submitted,                   

North Kingstown Town Council

President Elizabeth Dolan

Councilor Carol Hueston

Councilor Kevin Maloney

Councilor Kerry McKay

Councilor Richard Welch

Concerned Resident January 22, 2014 at 12:53 PM
under, more deflection on your part but then again residents are used to your ff rants. Just about time for you to relax in your recliner and turn on the tv and your cartoon network or you can finally grow up.
underwhelmed January 22, 2014 at 04:14 PM
CR-maybe some fertilizer with your meds would help you to grow a set. You are such a buffoon. The offer still stands but I know your only thing is calling everyone a FF because you are a vacuous dolt. I would be proud to be a FF because I think it is a very noble job but I am not regardless of your foolishness. Keep up your fantasies and when the good ship lollipop docks you can climb aboard and return to lala land. Is it med time yet?
Concerned Resident January 22, 2014 at 04:25 PM
under, readers can readily see a pattern when a ff such as you is posting on patch. based on your last comment it appears that you have made the choice of remaining immature. look at the time, hope you will be able to stop watching the cartoon channel and get out of your station recliner for soon your soon to be served dinner all while you are getting paid. Enjoy.
underwhelmed January 22, 2014 at 07:26 PM
CR what readers see is you, a sorry individual who is delusional and appears to be more so each time you comment. Take your meds now don't forget! Also say hi to the sewer king for me!
Concerned Resident January 23, 2014 at 08:12 AM
under, the few patch readers that are not aware of your deflections only have to read your previous posts to know the truth. many find it your continued ff denial interesting and disheartening.
Politics Sheriff of NK January 25, 2014 at 12:59 PM
Bottom line here is that in the legal process, the NKGOP-majority town council has been shown to bargain in bad faith and enact illegal changes. The labor board, the court have agreed with the firefighters on this. If anyone is delusional (and immature) it is NKGOP's "concerned resident" here. That's the deal.
LiveLaughLove January 25, 2014 at 08:18 PM
@Elizabeth McNamara: Are there posting guidelines for comments? Personal attacks have completely hijacked comments on this article, making it impossible to conduct a discussion of the issues. Any possibility of moderation of comments? Thank you.
Mark Wyman January 26, 2014 at 02:55 PM
patch has become a free for all there is no moderation. Just look at Tiverton Patch it is like the wild west. You have nothing but attacks and one poster with multiple accounts deleteing every one elses comments but his own. Patch is in it's death theows and even the editors have given up.
Elizabeth McNamara (Editor) January 26, 2014 at 02:58 PM
LiveLaughLove, I guess I've kind of had a hand's off policy but I'll jump back into the fray. Thanks.
Mark Wyman January 26, 2014 at 03:23 PM
Elizabeth maybe you could have a talk with Sandy over at the Tiverton Patch. Tiverton Patch has been hijacked by Joe Sousa someone she had banned for threatening to kill another user. He is using multiple accounts to delete any comment that disagrees with him. It is really starting to destroy the Tiverton Patch and driving people away.
Elizabeth McNamara (Editor) January 26, 2014 at 03:40 PM
The Shill, Tiverton indeed has its challenges! I'll give Sam Turner a head's up too. Her role as Community Editor encompasses the comments sections.... Thanks.
underwhelmed January 26, 2014 at 07:00 PM
@PSofNK--what else is new. U and I both know the NKGOP is at fault in so many issues in NK. Forget the Halley etc issues--it is the here and now! They have and continue to kill this town. The taxpayers of NK deserve what they are now getting. They voted for it now they get to eat it and choke on it.
LiveLaughLove January 27, 2014 at 11:00 AM
Thank you, Elizabeth!
Concerned Resident January 27, 2014 at 12:10 PM
under, it is unfortunate that as a ff that resides in another town that you post the town council actions as a negative when they are acting in the best interests of north kingstown residents. perhaps you will attend, participate and voice your thoughts at this evening's town council meeting.
LiveLaughLove January 27, 2014 at 01:04 PM
Getting back to the subject at hand... Points #1-4 were addressed in the court and RISLRB decisions, which are online and available to be read by anyone. Point #5 is clearly not true, since the firefighters voted to ratify an offer which the town made, then rescinded in a stunning display of poor faith bargaining where even the negotiator voted against the contract. Point #6...it is incredible to me that they would publicly accuse a sitting, relatively conservative judge, of this kind of bias. Point #7...accusing the RISLRB board is biased, when the vote was unanimous, is also pretty interesting considering there indeed were management representative voters on the board at the time of their ruling. Point #8--is the department appropriately staffed? Do they have more sick calls now with the new shift due to exhaustion? With an average of over 17 calls per 24 hour shift, more during the summer, that may not be surprising. There are no specifics here, only vague accusations. Finally, when, EXACTLY were the firefighters offered this opportunity to return to their original schedule? Based on the clear misrepresentative statements earlier in this open letter, I find this very difficult to believe.
Elizabeth McNamara (Editor) January 27, 2014 at 01:34 PM
LLL, I'm working on getting some of those answers now. Hope to have info on OT and the offer to return to the former schedule soon.
LiveLaughLove January 27, 2014 at 02:38 PM
Thank you again. Looking forward to hearing both sides of this.
Concerned Resident January 27, 2014 at 03:14 PM
livelaughlove, while the patch is a great forum for comments perhaps you are available to attend this evening’s town council meeting to get explanations for the apparent discrepancies and answers to your questions. I am sure the members of the town council would like to hear your concerns, questions and clarifications. can we count on you attending?
LiveLaughLove January 27, 2014 at 06:35 PM
Thank you, I would love to attend. Unfortunately, I have been hospitalized and am still recovering, therefore I will be watching on the video feed.
LiveLaughLove January 27, 2014 at 06:36 PM
Concerned Resident, will you be there?
Concerned Resident January 28, 2014 at 08:12 AM
livelaughlove, unfortunate that your current health situation prevented you from attending last evening’s town council meeting. always best to go to the source when seeking information especially when you call out elected officials for what you perceive to be inaccurate information. perhaps you will attend the next meeting to find the answers you are seeking, i'm sure members of the town council are looking forward to the opportunity to appropriately responding to you. writing about going to the source for answers, is my observation correct that you deleted your recent prior posts prior to asking if patch posting guidelines exist? if so, why?
LiveLaughLove January 28, 2014 at 09:33 AM
The information cited was from public sources, not to "call out" but to point out inaccuracies based on information available to the public--the sources used have all been published previously on the patch and other websites (including the town website) and are readily available. I have not deleted any prior posts--other than to copy, cut, and paste in order to correct a misspelled word (that, unfortunately, is the only way I have found to do it)! While I have a great deal of respect for the officials involved, it is disappointing to see the situation being portrayed in what (in my opinion) is an inaccurate light. Hopefully at some point it will be clarified and solved once and for all for the benefit of the town.
Concerned Resident January 28, 2014 at 01:40 PM
LLL, good to hear that like most tax paying residents you are hopeful that the town prevails in court. Also looking forwrd to you possibly participating in future town council meetings.
Just the Facts January 28, 2014 at 09:30 PM
http://www.toledofreepress.com/2014/01/27/baumhower-toledos-broken-heart/ Some municipalities appreciate what public servants do and the sacrifices they make every day.
Concerned Resident January 29, 2014 at 08:46 AM
jtf, municipalities and residents appreciate public employee's (police, ff, teachers etc) as well as military personnel. municipalities and residents cannot afford the expectations of some public employee’s, does the same hold true for public employee's? . can any offer the reasons why ri has one of the highest ff cost in the nation, the average number of ri ff to resident and the average tax payer total cost per north kingstown ff?
Just the Facts January 29, 2014 at 10:23 AM
On average. FD costs in RI are less than 10% of your tax bill. The Northeast has Fire based EMS. Meaning you get both for your expense.. The rest of the country has separate services. So when you see/hear what the cost of "fire" protection is in other areas, it's just that, "fire" cost only. EMS is factored in separately. I happen to pay 4k per year in my city for property tax. Doing the math I pay $400 per year for fire, ems, hazmat, car accidents, boating emergency response, water emergency response, (flooded basement), etc. I've been called out to a home @ 3am because "their dishwasher wouldn't turn off". Basically any reason a taxpayer calls 911 other than a house being robbed. Do you think that's an unreasonable price? That cost will bring personnel to your home w/o knowing your name and put their life on the line to protect you/family and your "stuff". That's right. Risk their lives for your pics and personal possessions and a pile of lumber that ultimately the ins. co. will replace. You pay more per year for home owners insurance than you do for people willing to die trying to save your stuff. Will the ins co be @ your door step in less than 5min willing to help you? Do you think the NKFD is over paid? If you feel they or any other FF is over paid or you think "they get paid to sleep", I invite you to log on to the Toledo Free Press website and cut/paste some of the posts you previously posted here and tell me what the reactions is. A 28yr veteran of the Boston Fire dept was just buried 30 days after learning he had stage 4 lung cancer directly linked to his years of firefighting. He was 53 years old. Was he over paid? Did he go to more fires than the average NK FF? Probably. Do they risk less when going to a house fire once a week vs once a day? No. Until you have done, seen, smelled or carried the physical/mental burdens these men/woman in the fire service do every day, you'll truly never understand what these people do for your community.
Just the Facts January 29, 2014 at 11:03 AM
One other quick point. Do you know what an "ISO rating" is? The ISO "Insurance Safety Office" gives and ISO rating to each community based on many factors. Police/Fire staffing, training and other risk factors. When an Ins Co gives a quote to a customer, it's based on the City/Town ISO rating. When you call for a quote, what are the first few questions asked? "Does the community have a paid/vol fire dept"? "How far away is the closest fire hydrant to your home"? The answers to these question dictate your cost. Do you think the extra cost could be more or less than $400? My homeowners Ins was $450 per yr in 98' when I bought my home. It's now $1200. I'm sure if you own a home you're in the same position. Do you feel as passionately about the rise in that cost? How much has the local FD's budget increased in that same time frame? Has it gone up 300% like your homeowners Ins? Do they give you the level of service your local FD gives you?
Just the Facts January 29, 2014 at 11:29 AM
By the looks of this graph, NK has one of the lowest rates w/o a supplemental fire tax. http://www.riliving.com/about-rhode-island/taxrates/index.aspx
Just the Facts March 04, 2014 at 03:04 PM
http://onlinewithtraceyc.com/2014/03/04/stern-enters-final-judgement-firefighters-slrb-sweep/ Gee.....Nobody saw this coming.
LiveLaughLove March 09, 2014 at 02:39 PM
JTF...just saw this. It is March 9. I wonder why the Patch has not reported on it?

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