By Demorris A. Lee
St. Petersburg Times (Florida)
Copyright 2007 Times Publishing Company
All Rights Reserved
CLEARWATER, Fla. — In an effort to abide by a federal arbitrator’s ruling and to minimize its financial liability, the city instructed fired paramedic Mike Jones to return to work this week.
But Jones’ attorney expressed dismay over the short notice and lack of detail about his client’s new position and responsibilities, and Jones has not reported for duty.
Jones was one of two paramedics fired in May 2005 for not responding to a 911 call two months earlier from a woman who often called and falsely claimed rape. The woman was taken for a mental evaluation and labeled a frequent caller.
Jones and Trevor Murray fought their dismissals. And last year, separate federal arbitrators ruled that the men were wrongfully terminated and ordered the city to reinstate them, reimburse them for lost wages and encouraged the city to help them get their paramedic certifications back.
The city claims the arbitrator overstepped his bounds in the case and has asked an appeals judge to set aside that ruling.
But city officials say they are trying to abide by the decision.
“We are simply following the requirements of the order,” said City Manager Bill Horne. “We are obligated to bring him back to work and that’s what we are going to do.”
In a letter to Jones dated Jan. 9, city human resources director Joe Roseto instructed Jones to “return to work immediately,” but no later than Jan. 15. He also wrote that Jones would be advised of his assignment and schedule at that time. The next day, the city amended the date to Jan. 16 because of the Martin Luther King Jr. holiday.
Jones’ attorney, Paul M. Donnelly, in a letter dated Jan. 11, called the notice to return on such short notice “unreasonable.” He said it would not allow Jones to give his current employer, the city of Zephyrhills, two weeks’ notice. He also said the notice was deficient because it gave no information as to Jones’ duties or times and days he would be working.
Gregory A. Hearing, the attorney representing the city, responded the following day, saying that Jones has known for some time that he would have to return to Clearwater and, therefore, should have put Zephyrhills on notice.
Hearing wrote that the city does not object to Jones giving Zephyrhills two-weeks’ notice, provided he understands the city’s back-pay liability to him will cease as of Jan. 16.
Hearing said the city has an obligation to minimize its back-pay liability.
As to Jones’ position, Hearing wrote that the arbitrator did not specifically direct the city to employ Jones in the position he held at the time of his termination. He said Jones would be informed of his new duties upon his return, and said his shift would be from 8 a.m. to 5 p.m. Monday through Friday.
In his Oct. 16 ruling, federal arbitrator Richard Potter ordered the city to reimburse Jones for wages he lost, minus any unemployment benefits and wages he earned since being fired. As of Dec. 31, Jones is owed more than $90,000, which may be reduced once unemployment and other benefits Jones received are deducted.
Potter said that Clearwater would benefit having Jones recertified as a paramedic and “it is hoped that it will support him in making a case” to the Pinellas Medical Director.
The city said this week that it will work with Jones to identify a position, likely in fire prevention, but that he can’t be rehired as a fireman because without a paramedic certification, he can’t have contact with patients. The city said Wednesday it will not impede Jones from trying to get recertified by the county, but will not assist him in the effort.
Donnelly said in a Jan. 12 letter that “we have stated that we would not agree for Mr. Jones to work as an inspector in fire prevention.”
“Our proposal is that the city comply with the arbitration award and put Mr. Jones back to work as a 24-hour shift firefighter.”
“It was determined that I was unjustly fired as a fire paramedic,” Jones said. “For me to come back in a position less than a firefighter is unacceptable.”
Donnelly added that it is “beyond dispute” that the city employs firefighters who do not hold paramedic certification.
The city confirmed that there are five.
But in a letter, Hearing said those firefighters working without paramedic certification haven’t been prohibited from having patient contact, and that it is a small “grandfathered” group that is being reduced by attrition.
The arbitrator retains jurisdiction to adjudicate any disputes as to reimbursement or reinstatement.
Hearing said Jones should return to Clearwater until the dispute is resolved.
If the matter is returned to Potter and Jones doesn’t return to work, the city’s position will be that because Jones has refused to return to work, any back pay liability of the city is cut off.
“We may end up going back to the arbitrator and getting a ruling from him,” Jones said.
“Let’s let Potter determine if it is fair for me to come back as a firefighter.”