FAIRFIELD, Conn. Fairfields leaders received word of another deal signed by former First Selectman Kenneth Flatto without proper approvals from other town officials. The newly discovered agreement could hurt the towns bargaining position with its firefighters union, labor attorney Patrick McHale said.
These agreements all do cost money. Lots of money, McHale told the Board of Selectmen Wednesday. And so they do require legislative body ratification.
The towns contract with the International Association of Firefighters Local 1426 expired in July 2010 and was one of eight that came up for renegotiation at the time. Flatto negotiated a new deal with the union, but the Representative Town Meeting rejected the contract that July. The town and Local 1426 were preparing to go to independent arbitration to settle the dispute.
McHale showed the Board of Selectmen a Memorandum of Understanding signed by Flatto and union president Robert Smith on Jan. 24, 2011. The letter stated that the town and the unions agreed on all parts of the existing contract except for proposed wage increases, allocation of sick leave and the retirement plan for new hires. If the contract goes to arbitration, the arbiters can change only those three areas of the deal.
By Connecticut state law, Flatto needed to turn over this agreement to town legislators, the Representative Town Meeting, within 14 days of signing it. The RTM would have then had 30 days to vote on it. Because that 45-day window has passed, the letter is still binding under state law, even without the RTMs approval.
McHale also explained that the state law does not provide for any penalties against the First Selectman for failing to report the agreement to the RTM. Current Selectman James Walsh suggested adding provisions to the Town Charter to create some sort of recourse for the town in cases like this.
I know theres an argument that says, You cant prevent people from breaking the charter, Walsh said. But there are consequences, and there are checks and balances that can be put in place so that the town bodies can be respected.
Current First Selectman Michael Tetreau also promised that he would make future contract negotiations more open than they were under the Flatto administration. He plans to keep McHale on as a consultant during the process, and conduct fewer off-the-record negotiations with unions, he said Wednesday.
If were proud of the agreement we negotiated, we should be sharing it, Tetreau added.
As far as the firefighters contract is concerned, McHale suggested approving the previously denied contract. He explained that fees for attorneys, arbiters and clerks would cost between $80,000 and $100,000 if Fairfield went through with third-party arbitration. The new contract would expire in the summer of 2013 regardless of which plan the town chooses.
The memo would also limit the gains the arbiters could award the town to just three items: canceling the 2.75 percent pay increase for the towns firefighters, limiting the number of sick days each member of the department can take in a year, and setting up a 401(a) retirement plan instead of a standard pension plan for new hires.
The Representative Town Meeting is set to vote on the existing contract again on Feb. 27.
Whatever they decide, Im delighted to pursue, McHale said. Move forward with the arbitration, or move on to the other six contracts that remain unsettled in this town that need attention.
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