Explanation
Background
This ordinance is submitted to settle the action known as In re: Tomislav Brutovksi, pending before the Franklin County Court of Common Pleas (20-MS-113) and a grievance between the City and Communication Workers of America, Local 4502 (“CWA”) (No. 20-2020) in the amount of one hundred and eighty thousand dollars ($180,000.00) less applicable withholdings, and as otherwise provided for in the settlement agreement.
Tomislav Brutovski was a CWA member employed by the Department of Development as a Rehabilitation Program Coordinator for the City’s Lead Abatement Program, in a “limited” employee position - that is, his continued employment was tied to grant program funding. In December 2017, the Department terminated Mr. Brutovski’s employment due to a lack of grant funding. The CWA grieved that termination and, on October 21, 2019, an arbitrator rejected the City’s position and ordered that Mr. Brutovski be “made whole for lost wages and benefits.”
Mr. Brutovski was briefly reinstated in February 2020, and was paid $170,026.80 in back wages, less required withholdings. Other than back pay, however, the Department and the CWA differed as to their interpretations of “made whole.” The parties therefore engaged a second arbitrator solely to determine what was owed to Mr. Brutovski. On September 1, 2020, the arbitrator issued an award defining the term and necessitating an additional City payment of $59,735.64. The payments to Mr. Brutovski for his first termination totaled $229,762.44.
After Mr. Brutovski’s reinstatement in February 2020, the Department again determined that it lacked grant funding to cover his position and again terminated his employment. The CWA again grieved his termination and that grievance is currently pending. The CWA also disagreed that the Department had fully complied with the previous arbitration awards, and filed an action to confirm and enforce those awards in the Franklin County Court of Common Pleas. This settlement agreement would resolve all pending matters.
Fiscal Impact
Funds were not specifically budged for this settlement; however, sufficient monies are available within the 2022 general fund budget to pay the amount of this claim.
Title
To authorize the City Attorney to settle the matters of In re: Tomislav Brutovksi, pending before the Franklin County Court of Common Pleas (20-MS-113) and a grievance between the City and Communication Workers of America, Local 4502 (“CWA”) (No. 20-2020); to authorize the expenditure of up to $200,000.00 from the general fund in payment of the settlement; and to declare an emergency. ($200,000.00)
Body
WHEREAS, In December 2017, the Department of Development terminated Mr. Brutovski’s limited employment due to a lack of grant funding and the Communication Workers of America, Local 4502 (“CWA”) grieved that termination; and
WHEREAS, on October 21, 2019, an arbitrator rejected the City’s position and ordered that Mr. Brutovski be “made whole for lost wages and benefits” and the City briefly reinstated Mr. Brutovski in February 2020 and paid him a total of $229,762.44 in back wages, less required withholdings; and
WHEREAS, after Mr. Brutovski’s reinstatement in February 2020, the Department again determined that it lacked grant funding to cover his position and again terminated his employment resulting in a subsequent CWA grievance (No. 20-2020) that is currently pending as well as an action in the Franklin County Court of Common Pleas styled In re: Tomislav Brutovksi, (20-MS-113); and
WHEREAS, following the evaluation of claims and the risk of continued litigation of the claims against the City of Columbus, a settlement in the amount of one hundred and eighty thousand dollars ($180,000.00) to be paid by the City, was deemed acceptable by the City of Columbus, Department of Development, along with the dismissal of all matters with prejudice and a release of the City of Columbus and its employees from any further liability; and
WHEREAS, sufficient funds are available within the 2022 general fund budget to pay the amount of this claim; and
WHEREAS, an emergency exists in the usual daily operations of the Department of Development, in that it is necessary for this ordinance to be effective immediately in order for the parties to effectuate the settlement, which is in the best interest of the City of Columbus, and to pay the agreed to sum without delay; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the City Attorney be and is hereby authorized to settle all claims against the City of Columbus, its officers, agents and employees in the matters of In re: Tomislav Brutovksi, pending before the Franklin County Court of Common Pleas (20-MS-113) and the grievance filed against the City by the Communication Workers of America, Local 4502 (“CWA”) (No. 20-2020) by payment of one hundred and eighty thousand dollars ($180,000.00) ) less applicable withholdings, as a reasonable and fair amount, and up to twenty thousand dollars ($20,000.00) of the employer’s share of contributions to the Ohio Public Employees’ Retirement System as being in the best interest of the City of Columbus.
Section 2. That the expenditure of up to $200,000.00, or so much thereof as may be needed, pursuant to the action authorized in SECTION 1, is hereby authorized to be expended by the Department of Development.
Section 3. That for the purpose of paying the back pay associated with this settlement, there be and hereby is authorized to be expended by the City of Columbus, from the Department of Development General Fund Budget, the sum of $200,000.00, or so much thereof as may be needed, per the accounting codes in the attachment to this ordinance.
Section 4. That the City Auditor be and is hereby authorized to draw two warrants upon the City Treasurer: 1) for the sum of $180,000.00, subject to applicable deductions, withholdings, and employer contributions, payable to Tomislav Brutovksi for back pay; and 2) the sum of up to $20,000.00 for the employer share of contributions, made payable to the Ohio Public Employees’ Retirement System (“OPERS”) upon receipt of a release approved by the City Attorney.
Section 5. That for the reasons stated in the preamble hereto, which is made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force after passage and approval by the Mayor, or 10 days after passage if the Mayor neither vetoes nor approves the same.