Fire Fighters and Public Employees

*Questions from the Asheville Fire Fighters Association and Esther’s response

What is your view of the role that unions and union members play in the City of
 Asheville? Please Explain

It is my understanding that state law prohibits public employees from entering into contracts with government entities.  Therefore, unions do not play a role in the City of Asheville.  However, Asheville does have a civil service board, which operates something like a union, but without the ability to enter into contracts with the City.

NC General Statute 95-98 was adopted in 1959. This statute prohibits government
entities from entering into contracts with employee organizations. North Carolina is
one of only two States in the U.S. with such a law on the books. There is current
legislation alive in the NC General Assembly for the short session which would repeal
this antiquated law. Would you support bills like House Bill 1583, sponsored by
former Speaker of the House Dan Blue, to repeal NC General Statute 95-98? Please
Explain

For various reasons, unions are extremely controversial and generally not supported in the South, and, specifically, not supported in North Carolina with regard to public employees.  However, as a lawyer, I had an opportunity to study labor law while in law school and learned that employees of unions are, among other things, generally paid higher wages than employees that do not participate in unions.  In concept, I support legislation that would allow public employees to join unions; however, I do not support legislation that would allow the union to paralyze the government in its ability to operate.

Would you support a Meet and Confer process between public employee
organizations and City Staff? Please Explain

Again, conceptually, I support a Meet and Confer process, but would need to understand the details of the proposed Meet and Confer process before giving full support.

The City contributes approximately 6.2 % less to firefighter’s retirement than law
enforcement personnel and 4.2% less than the general employee.  Would you
support increasing the City’s contribution rate to the firefighter’s 401(a) retirement
to equal the City’s retirement contribution for other City’s employee’s retirement?
Please Explain

First and foremost, I support the firefighter’s participation in Social Security.  It is my understanding that firefighters, unlike the rest of City employees, do not participate in Social Security as they have voted not to do so.  If firefighters were to participate in Social Security, their retirement benefits should equal that of the rest of the City employees.  However, if participation in Social Security is impossible, I would support an increase in the City’s contribution to the firefighter’s 401(a) retirement program so long as this was a matching contribution wherein firefighters were required to opt into the program and the City’s contribution was not increased unless the firefighters themselves matched the increase.

Do you support payroll dues deductions by the City of Asheville for public employees
who join unions? Please Explain

This question contemplates a state law allowing public employees to participate in unions.  Currently, under federal law in the private sector, where employees participate in unions, they can also participate in payroll dues deductions.  This seems to be a necessary component of any union and, therefore, if the state of North Carolina were to adopt legislation allowing public employees to participate in unions, I would support payroll dues deductions.

Asheville Fire Fighters who have at least one child fall below the “living wage”. Do
you support a “living wage”? Please Explain

I support a living wage for all full-time permanent City employees.

The City invests our deferred compensation plan to ICMA-RC. The International
City/County Managers Association (ICMA) receives monies annually from ICMA-RC.
ICMA opposes firefighters on issues important to the firefighters in Washington, DC
and throughout the Country. The firefighters have a required 2% match, therefore,
this practice forces the firefighters to invest their deferred comp monies with a
company that gives profits off investments to an organization in direct conflict on
firefighter issues. Would you support allowing a second investment group to come in
to give firefighters a choice? Please Explain

What is important to me is that the deferred compensation monies are handled conservatively and appropriately protecting public employees’ retirement funds so as to ensure that our retirement programs are fully funded for every employee upon the date of their retirement.  It is important to look at any entity holding retirement monies to ensure that they invest the monies appropriately, do not charge excessive fees, and otherwise meet the conservative criteria required by the State for the holding of deferred compensation.

In 1956 firefighters went from an 84 hour work week to 72 hours a week. In 1967
they went from 72 hours to 66 hours. In 1970 they went from 66 hours a week to
56 hours a week. Thirty seven years later, in 2007, firefighters are still working a 56
hour work week and only receive overtime for hours worked beyond 53 hours a
week. In today’s society, this makes it very hard on families. Would you support,
after 37 years, a work hour reduction for firefighters and until its implementation
support lowering the overtime threshold below 53 hours a week? Please Explain

I would support an examination of the standard by which the most well respected firefighting operations handle the issue of overtime.  Obviously, the work day of a firefighter is non-traditional when compared with, for example, the City Planning Staff.  I do not support a program that cripples the City financially, but, at the same time, I support fairly compensating firefighters for their hard work.

Firefighting is a dangerous profession where firefighters and officers must depend and rely upon each other to keep the citizens and themselves safe. The so called “merit” pay system currently in place in the Asheville Fire Department has been the source of morale problems and tensions between firefighters and officers for many years. The merit system has never really worked. Rather than being a true “merit” system there seems to be a “who you know” aspect to raises. Would you support the elimination of a merit pay system for the Asheville Fire Department and replace it with a system that is fair and equitable for all? Please Explain

I am disheartened to hear that morale is suffering among the City firefighters and that somehow this is tied into the merit pay system.  I would support an examination of the firefighter’s pay system, and, if not already in place, the infusion of objective standards for pay level determination.

NFPA 1710: Standard for the Organization and Deployment of Fire Suppression
Operations, Emergency Medical Operations, and Special Operations to the Public by
Career Fire Departments calls for a Fire Department, to operate safely, effectively,
and efficiently there shall be a minimum staffing level of four (4) firefighters on
apparatus (some situations actually call for 5-6 firefighters i.e. high incident
jurisdictions). As a Council member would you continue to support the proper
minimum staffing levels of fire apparatus in the Asheville Fire Department so that the
firefighters may serve the Citizens safely, effectively, and efficiently? Please Explain

As a Council member I would support the proper minimum staffing levels of fire apparatus in the Asheville Fire Department based upon standards adopted by the City of Asheville.

If you have the opportunity to name or recommend an individual to a board or commission would you consider naming a labor union member? Please Explain

This question is fairly open-ended as there is currently not a City labor union and the board or commission is not described.  I would support well-qualified individuals for board and commission vacancies and take each appointment on a case by case basis.