WILMINGTON TEAMSTERS UNITE WITH CITY ATTORNEY
TO KILL DECADES-OLD DUE PROCESS RIGHTS
FOR CITY POLICE OFFICERS AND FIREFIGHTERS

It took less than two years for the local teamster group in Wilmington to almost destroy a civil service due process law that Wilmington police officers and firefighters have enjoyed for several decades.

However, it is the way the teamsters group tried to kill due process that was most unusual, especially for any purported pro-labor group. Teamsters leaders agreed with representatives of the city attorney’s office to change the law that would render the civil service system useless and traveled with city leaders to Raleigh to convince state law makers that rank and file police officers wanted the changes.

Wilmington is one of only five municipalities in North Carolina that provides procedural due process rights to officers who face accusations that could lead to demotion, suspension or termination.

The changes proposed by the city attorney’s office and the teamsters if enacted:

1. Would remove the binding authority and decision of the commission

2. Would strip the authority of the commission by making the city manager the final decision maker on officer disciplinary issues; and

3. Would inappropriately restrict evidence before the commission and negate applicable and traditional legal rules of evidence and procedures

According to information that Wilmington City Attorney Tom Pollard presented in a
February 17, 2009, letter to the Wilmington City Council, “these changes do not affect the protections afforded to employees under the act.” That is obviously false.

According to PBA attorneys the proposed revisions would render the Civil Service Act “meaningless and toothless.”

On May 12, 2009, at the urging of PBA and the North Carolina Professional Firefighters Association (NCPFA), Senate Bill 430 was withdrawn and rewritten into a proposed committee substitute (PCS) that pared the original bill from six pages to three and removed all language that gutted due process protection. PCS to Senate Bill 430 passed the Senate State and Local Government Committee. In addition to striking the anti due process language, the bill now reflects language that clears up technical issues that actually needed changing. It is clear that it was the legitimate technical changes that were used as a smoke screen by the city attorney’s office to remove the due process provisions.

What is unclear, is how the local teamsters came to buy into this sham. While they have advised that lawyers had told them that it was okay, we have not been told who those lawyers are. Remarkably, the teamsters have advised that they still support the city’s original changes.

The corrected bill passed the full Senate on Wednesday May 13, 2009, and has been sent to the House. PBA and the firefighters will be working together to change a minor concern remaining in the bill, but in light of the teamsters continued support of the original bill, we will be watching the bill closely.

We are already lining up support in the House with the firefighters. We thank Senator Boseman and her staff for working with us to change the bill.
 

OTHER PBA BILLS MOVE THROUGH HOUSE AND SENATE
 

On Wednesday, May 6, 2009, three PBA bills were heard in the Senate Pensions and Retirement Committee:
 

Members with Senator McKissick

Senate Bill 624, 25 year law enforcement retirement sponsored by Senator Julia Boseman.

Senator Julia Boseman

Senate Bill 986, Clarify local separation allowance sponsored by Senator Floyd McKissick.

Members with Senator McKissick

Senate Bill 557, Remove restriction/LEO disability benefits sponsored by Senator Tony Foriest.

SB 624 and SB 557 were heard by the committee but not voted on due to continued budget reports to law makers that the bottom of the state financial crisis has yet to be found.

Over a dozen PBA members in attendance were joined by the North Carolina Fraternal Order of Police, the North Carolina Association of Chiefs of Police, and the North Carolina Sheriff’s Association in supporting all three bills.

SB 986 received a favorable committee report and was referred to the full Senate. On Monday evening, May 10, 2009, both SB 986 and companion bill HB 816 were calendered in the Senate and House. Both bills passed within minutes of each other unanimously and without debate. SB 986 passed 48 - 0 and HB 816 passed 117 - 0.

Each bill was engrossed and sent to the opposite chamber. Upon concurrences, the bills will be sent to the Governor to sign. Without objection these bills will be the second of five PBA agenda items that will thus far become law. SB 624 will likely be placed as a study bill for possible consideration in the short session depending on the states financial status.

To date, our lone disappointment has been with SB 557/HB 697, LEO Disability Benefits. This bill did not meet the crossover deadline of May 14, 2009. While the Senate bill was at least heard, HB 697 despite having 35 house members who co-sponsored the bill, could not get a hearing before the House Pensions and Retirement Committee.

The committee chairman, Representative Russell Tucker from Duplin and Onslow counties, refused to allow the bill to come before his committee. Despite pressure from our bill sponsors and over 25 PBA members who directly called Representative Tucker, he refused to calendar the bill. A former county manager, Representative Tucker advised that the bill was too expensive and would treat police officers and firefighters differently than other local and county workers.

Thus far, the League of Municipalities and the County Commissioners Association have not taken a public position on the bill, but Representative Tucker says they are against the bill. Calls from PBA to both the League and the County Commissioners Association have not been returned. We will keep you posted.

If you know of fellow officers in Onslow or Duplin counties, let them know what their representative is doing. Encourage them to join the PBA. A lack of members in this area did the most damage in the current status of the bill.