The Star Beacon; Ashtabula, Ohio

July 28, 2010

Conneaut council livid over unfair-labor claim

By MARK TODD - mtodd@starbeacon.com
Star Beacon

CONNEAUT — Conneaut’s professional contract negotiator is long gone, but a parting shot he took last week could reverberate for a long time.

An unfair-labor-practice claim filed by the negotiator, Cleveland attorney Gary Johnson, accuses four City Council members of conspiring with a municipal union to delay a fact-finding hearing by voting to fire Johnson a few days before the crucial meeting. The hearing, with Local 2182 of the American Federation of State, County and Municipal Employees, was held as scheduled when Johnson agreed to represent the city at no charge.

Council bristled at the language contained in the claim, and one — Ward 3 Councilman Greg Mooney — felt the accusations might require him to obtain legal counsel at the city’s expense.

“These are slanderous accusations against me,” Mooney said at Monday’s regular meeting.

Meanwhile, city administrators admitted Johnson filed the claim on the city’s behalf but had no answer when asked by Ward 1 Councilman Dave Campbell who will represent the city when the claim is heard in Columbus. Law Director David Schroeder can’t do the job, as he is a city employee.

In the claim, Johnson alleges the local contacted Mooney, Campbell, Ward 2 Councilman Charles Lewis and Councilman-at-large John Roach regarding the upcoming fact-finding hearing. The four cast the votes that discontinued Johnson’s services.

Johnson, in his complaint, said the 4-3 vote was meant to stop the fact-finding hearing by denying the city legal representation.

The unfair-labor claim is reportedly the first filed by the city involving lengthy contract negotiations with the union, which represents the city’s service department workers. Michael Dalrymple, Local 2182 president, declined comment Tuesday. He would neither confirm nor deny reports the local already has filed three unfair-labor claims against the city, at least one stemming from a reworked health insurance plan.

City Manager Robert Schaumleffel Jr. said Tuesday he was unsure who would represent the city regarding Johnson’s claim.

Campbell, Lewis and Roach were relatively mum on the matter Monday night. Mooney was not, saying he believed the complaint reflected attitudes of the administration.

“I’ve been slandered by the administration,” he said, adding sarcastically: “Bravo. I appreciate it.”

The negotiator’s fees also continued to be a topic of talk. Johnson, of the Johnson, Miller and Schmitz law firm, was hired last summer by Schaumleffel to negotiate contracts with the city’s four unions. At the time, a majority of council gave informal verbal approval to the hire. No formal contract was enacted.

In recent months, council has voiced concerns with Johnson’s fees. The final straw was a budget amendment that would set aside another $30,000 to pay anticipated bills, pushing the payment total past $100,000. The budget ordinance, in its third and final reading, was tabled by Lewis, a move applauded by Schroeder. Tabling the measure will give the city time to await Johnson’s final bill, he said.

Schroeder also said he had a concern with the city’s casual arrangement with Johnson. Schroeder, hired in late spring, long after Johnson was on the job, said he would have insisted the city enter into a written agreement with the negotiator or at least to have obtained an estimated timeline and budget.

“This won’t happen again while I’m here,” he said.

Johnson is one of only a handful of attorneys in the region who specialize in contract negotiations and is well-regarded in his field, Schroeder said.