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Saturday, January 19, 2008

Would Rick Pollitt Be The Arbitrator?

I happen to agree with the Wicomico County Council's veto override of the labor code to establish collective bargaining with binding arbitration for the County's Sheriff's deputies. I do not, however, agree with the persistent, and false, allegations that have been thrown at County Executive Rick Pollitt regarding his supposed role as arbitrator.

On multiple occasions DuvaFiles has made the claim that Pollitt has attempted to set himself up as "the purported independent arbitrator". Much criticism can be cast at Pollitt over this matter. I just happen to believe that if you are going to accuse someone of bad judgement, you should be truthful.

Pollitt has never attempted to put himself in the role as arbitrator. Anyone bothering to look at the legislation or who attended the public hearing would understand this. Pollitt's job is to either appoint a representative for Wicomico County, or act as that representative himself, in negotiations with the elected bargaining agent of the deputies. Everyone assumes that this agent will be F.O.P. Local #111.

An arbitrator will only be appointed if the representative of the County and the representative of the deputies cannot reach an agreement. The legislation lays out how that arbitrator would be chosen, and there is no way that Pollitt could possibly be that arbitrator.

If you wish to criticize our County Executive over this matter, then attack him with facts. Pollitt's fault in this matter lies with his (apparently successful) attempt to have his cake and eat it too. In his veto of the Council's legislation, he claims that the legislation would not fully comply with the will of the voters. That is true. However, the only way for the County Council to fully comply would be to either:
  • Violate the County Charter by entering into negotiations themselves with the deputies' collective bargaining agents. ...or
  • Give up their limited authority over the budget to the County Executive, which would make the Council an irrelevant institution.
This is an inherent problem of legislation by initiative. One need only to visit California to figure that one out.

If Pollitt wishes the Council to violate the Charter, and in effect surrender a portion of his power, then he should say so. If he wishes Council to make themselves irrelevant, which is most likely, he should admit to that.

cross posted at Delmarva Dealings


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4 comments:

Anonymous said...

The arbitrator, whoever that may be, should be required to use one of those $23 pens to sign his/her edict.

Bob said...

G.A. I read over the charter. I can't find any place that says that the council can't engage in mediation. I DO see that it is a legislative body rather that an executive body.... AND that, Pursuant to section 705 (G),"The County Council shall approve, decrease or delete any
items". BUT the council can submit an amendment to the charter that would say something to the effect that - "The council shall not have the authority to decrease or delete anything in the proposed budget which results from collective bargaining processes between the official bargaining agent of the Wicomico County Sheriff's Office and The County."

If this or similar wording were included in the legislation which was recently signed into law, the will of the people would have been honored completely because the county would have been bound by the bargaining process with the deputies as was intended by the referendum. Anything less is non-conformance by the council.

Non-conformance by the county with the referendum is a violation of section 312 of the county charter.

The referendum mandated that the county create legislation that would provide for collective bargaining with binding arbitration between the deputies and the "county". The council is taking the position that they are not included in the word "county".

Isn't that a lot like when Bill Clinton couldn't answer a question unti he had clarification on the definition of the word "is"? A ridiculous stall tactic by the council which will invariably cost the Wicomico County taxpayers tens of thousands of dollars.

FlaviusCottman said...

I read Pollitt's veto statement. Pollitt based his veto on the county attorney's assurance that the council could adopt his bill without violating the charter. With that assurance he gave the council a way to implement the will of the voters and be true to their jobs. They chose to nullify the referendum instead. Why bother to vote?

Anonymous said...

These charlatan bloggers, (Duva and Cato) cry foul when government goes against the peoples will. But all of a sudden when the people speak, and they SHOUTED with OVER 70% majority vote for collective Barg. They (Cato and Duva) are against the people. I must cry Hypocrite!

Therefore, I must resign from these nay-sayer blogs forever. I rather read the Daily Times.