03-21-2009, 05:30 PM
To: FOP Members
The FOP has been going around the stations spreading inaccurate and distorted information to its members regarding the Sergeant’s Exam arbitration:
FACTS:
1. The Sergeant Exam Arbitration was scheduled to proceed forward for this Tuesday 3/24/09.
2. The City contracted outside legal counsel to represent them to ensure that they would prevail.
3. Attorney Rind contacted the City’s Attorney’s Office and the contracted outside legal counsel (On behalf of the FOP President) in-order to negotiate a settlement prior to the Tuesday scheduled arbitration hearing. This occurred shortly after the special meeting (approx. three weeks ago) that was requested by Officer Nestor Garcia which embarrassed and brought to light the FOP’s lack of ethics, integrity, and alleged internal corruption by individuals of the FOP Executive Board. Due to the heated meeting the FOP President directed that the FOP Attorney negotiate a settlement prior to the 3/24/09, scheduled arbitration hearing. This past Thursday and Friday 3/19/09 and 3/20/08, The FOP Attorney Rind negotiated a settlement with the City (at the request of the FOP) after learning the below facts:
a. If the City prevailed the FOP would be ordered to pay all costs (big money) associated with the sergeant’s exam and arbitration process (ex. outside attorney’s costs, arbitrator, etc...)
b. The City informed the FOP Attorney that the City was intending to “nullify” the sergeant’s exam but move forward with the arbitration to recover their expenses because the FOP violated past practice by not participating in the challenge portion of the questions.
c. The City had nothing to lose because” if” the arbitrator ruled against the City the only damages that were on the table were that the City would have to move forward with the challenges process without the FOP’s involvement. The FOP had more to lose and ill explain further in fact (2).
2. After being confronted with the above facts and the possibility that the City was getting ready to “nullify” the Sergeants Exam the FOP President and the FOP Attorney realized that this would create huge a clash and division among its “UNION MEMBERS” and also the possibility of a full blown investigation by the State and or National FOP chapters. At this point the FOP realized that their backs were to the wall and negotiated the following:
a. The City would move forward with the Sergeants Exam and not “nullify” it.
b. The City would allow that the FOP not participate in the challenge portion of the Sergeants Exam with the condition that “No exam candidate” can file suit against the City of the Challenge portion of the exam because the FOP waived the right to participate. In layman’s terms the FOP negotiated each sergeant’s exam candidate rights to go after the City in a Civil Suit because most exams are challenged in the courts because of its “questions and answer “composition.
c. The City and FOP will share some costs associated by the arbitration.
I personally and respectfully ask that all FOP members verify the above information for its validity by requesting a “Public Records Request “ of the agreement to Dr. Hector Mirable, Director of Employee Relations (305)416-2060 or Asst. City Attorney Ileana Forte at (305)416-1800. Additionally, I truly wish the best of luck to all those officers that took the Sergeants Exam and have been dragged through the mud needlessly due to unknown selfish agendas by specific Executive FOP Board Members. Finally, I pray we will all soon have sweeping and swift changes to our Police Departments current police staff and also to the current FOP Executive Board leadership.
:cop:
The FOP has been going around the stations spreading inaccurate and distorted information to its members regarding the Sergeant’s Exam arbitration:
FACTS:
1. The Sergeant Exam Arbitration was scheduled to proceed forward for this Tuesday 3/24/09.
2. The City contracted outside legal counsel to represent them to ensure that they would prevail.
3. Attorney Rind contacted the City’s Attorney’s Office and the contracted outside legal counsel (On behalf of the FOP President) in-order to negotiate a settlement prior to the Tuesday scheduled arbitration hearing. This occurred shortly after the special meeting (approx. three weeks ago) that was requested by Officer Nestor Garcia which embarrassed and brought to light the FOP’s lack of ethics, integrity, and alleged internal corruption by individuals of the FOP Executive Board. Due to the heated meeting the FOP President directed that the FOP Attorney negotiate a settlement prior to the 3/24/09, scheduled arbitration hearing. This past Thursday and Friday 3/19/09 and 3/20/08, The FOP Attorney Rind negotiated a settlement with the City (at the request of the FOP) after learning the below facts:
a. If the City prevailed the FOP would be ordered to pay all costs (big money) associated with the sergeant’s exam and arbitration process (ex. outside attorney’s costs, arbitrator, etc...)
b. The City informed the FOP Attorney that the City was intending to “nullify” the sergeant’s exam but move forward with the arbitration to recover their expenses because the FOP violated past practice by not participating in the challenge portion of the questions.
c. The City had nothing to lose because” if” the arbitrator ruled against the City the only damages that were on the table were that the City would have to move forward with the challenges process without the FOP’s involvement. The FOP had more to lose and ill explain further in fact (2).
2. After being confronted with the above facts and the possibility that the City was getting ready to “nullify” the Sergeants Exam the FOP President and the FOP Attorney realized that this would create huge a clash and division among its “UNION MEMBERS” and also the possibility of a full blown investigation by the State and or National FOP chapters. At this point the FOP realized that their backs were to the wall and negotiated the following:
a. The City would move forward with the Sergeants Exam and not “nullify” it.
b. The City would allow that the FOP not participate in the challenge portion of the Sergeants Exam with the condition that “No exam candidate” can file suit against the City of the Challenge portion of the exam because the FOP waived the right to participate. In layman’s terms the FOP negotiated each sergeant’s exam candidate rights to go after the City in a Civil Suit because most exams are challenged in the courts because of its “questions and answer “composition.
c. The City and FOP will share some costs associated by the arbitration.
I personally and respectfully ask that all FOP members verify the above information for its validity by requesting a “Public Records Request “ of the agreement to Dr. Hector Mirable, Director of Employee Relations (305)416-2060 or Asst. City Attorney Ileana Forte at (305)416-1800. Additionally, I truly wish the best of luck to all those officers that took the Sergeants Exam and have been dragged through the mud needlessly due to unknown selfish agendas by specific Executive FOP Board Members. Finally, I pray we will all soon have sweeping and swift changes to our Police Departments current police staff and also to the current FOP Executive Board leadership.
:cop: