District judge sides with police union, chief seeks appeal

A judge sided with the Shawnee police union in an issue involving minimum staffing policies that the city had appealed to district court, but the police chief is expected to seek another appeal.
On Nov. 30, 2007, the city of Shawnee filed a petition for judicial review against the International Union of Police Associations, Local No. 3, to appeal an arbitrator’s decision over minimum staffing levels policies for police officers.
Shawnee Police Chief Bill Mathis, who was concerned that staffing levels were inadequate, drafted a new version of policy after becoming chief in October 2007 to increase the minimum staffing levels by one officer per shift.
In January 2007, the union felt the policy should be unchanged, pending an increase in overall staffing for the department, court records show. The city moved forward and the union filed a grievance. An arbitrator agreed with the union, saying the union should have the right to require the city to bargain over such changes in contract.
The city had the right to appeal the arbitrator’s decision and the city commission OK’d that appeal to Pottawatomie County District Court. The city argued the arbitrator imposed his own brand of “industrial justice” by arbitrating away rights granted to the city, court documents show.
A hearing was held before District Judge Paul Vassar in Chandler Wednesday. He ruled in favor of the union finding the arbitration award should be enforced by the city, reports indicate.
Ken King, union president, said the union didn’t object to minimum staffing increasing, but he said, “We just need more officers” to do that.  Typically, King said the union works with the city on policy changes. But in this case, the union didn’t agree with the change because of the negative impact it had on officers taking days off to be with their families, King said.
But Chief Mathis said he believes the judge’s decision will have serious repercussions.
“If the union wants, they can stand in the way of any policy they choose not to agree with,” Mathis said.
The chief said he plans to get this matter on the agenda for the May 19 city commission meeting and will ask commissioners to appeal Vassar’s decision to a higher court.
Mathis said he made the policy change because four officers with one supervisor on a shift is not enough, so he increased the minimum by one. He said the judge’s ruling means management has no authority because it affects every type of policy change that may need to be made, Mathis said.
“We must appeal — the ramifications are too great,” Mathis said.
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Kim Morava may be reached at 214-3962 or kimberly.morava@news-star.com.