Explanation
Background
The Department of Development terminated Mr. Brutovski on December 9, 2017, pursuant to his Limited Employment Status.
Mr. Brutovski filed a Step One Grievance (#0043-2017) regarding his termination December 5, 2017. A Step Two Grievance Hearing was held on October 14, 2018, and the City denied the grievance on December 11, 2018. On December 14, 2018, CWA requested a Step 3 Arbitration.
An Arbitration Hearing was held on May 15, 2019, by Arbitrator Alan Miles Ruben. On October 21, 2019, Arbitrator Ruben sustained the grievance and issued an award for Mr. Brutovski “to be made whole for lost wages and benefits.”
Subsequently, an additional hearing was held by a second Arbitrator, Mitchell B. Goldberg, to resolve outstanding remedial issues in order to issue a final and binding award in accordance with Arbitrator Ruben’s Award.
On September 1, 2020, Arbitrator Goldberg issued a final and binding award that requires a payment of $59,735.64 to Mr. Brutovski for additional sick and vacation leave, medical and dental expenses, lead abatement contractor license fees, interest, and tax losses.
Fiscal Impact
Funding is available in the Department of Development’s Housing Division 2020 General Fund budget for this expense. Funds in the amount of $59,735.64 will be transferred from the Housing Division’s OC 01 (Personnel) to OC 05 (Other Expenses).
Title
To authorize the transfer of $59,735.64 within the Department of Development’s Division of Housing General Fund Budget; to authorize an expenditure of up to $59,735.64 to pay Tomislav V. Brutovski to comply with an arbitration award in Grievance Number 0043-2017 between the City and the Communications Workers of America (CWA), Local 4502; and to declare an emergency. ($59,735.64)
Body
WHEREAS, the Department of Development terminated Mr. Brutovski on December 9, 2017, pursuant to his Limited Employment Status; and
WHEREAS, Mr. Brutovski filed a Step One Grievance (#0043-2017) regarding his termination December 5, 2017. A Step Two Grievance Hearing was held on October 14, 2018, and the City denied the grievance on December 11, 2018. On December 14, 2018, CWA requested a Step 3 Arbitration; and
WHEREAS, an Arbitration Hearing was held on May 15, 2019, by Arbitrator Alan Miles Ruben. On October 21, 2018, Arbitrator Ruben sustained the grievance and issued an award for Mr. Brutovski “to be made whole for lost wages and benefits”, and
WHEREAS, subsequently, an additional hearing was held by a second Arbitrator, Mitchell B. Goldberg, to resolve outstanding remedial issues in order to issue a final and binding award in accordance with Arbitrator Ruben’s Award; and
WHEREAS, on September 1, 2020, Arbitrator Goldberg issued a final and binding award that requires a payment of $59,735.64 to Mr. Brutovski for additional sick and vacation leave, medical and dental expenses, lead abatement contractor license fees, interest, and tax losses; and
WHEREAS, an emergency exists in the usual daily operations of the Department of Development in that it is immediately necessary to authorize payment in order to comply with the arbitration award, for the preservation of the public health, peace, property, safety, and welfare; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the Department of Development is hereby authorized to pay Tomislav V. Brutovski an amount up to $59,735.64 to comply with an arbitration award in Grievance Number 0043-2017 between the City and the Communications Workers of America (CWA), Local 4502.
SECTION 2. That the transfer of $59,735.64 or so much thereof as may be needed, is hereby authorized within Fund 1000 (General Fund), from Dept-Div 4410 (Housing), object class 01 (Personnel) to Dept-Div 4410 (Housing), object class 05 (Other Expenses) per the account codes in the attachment to this ordinance:
SECTION 3. That for the purpose as stated in Section 1, the expenditure of $59,735.64 or so much thereof as may be necessary is hereby authorized in fund 1000 (General Fund), Dept. 44-10 (Housing), in Object Class 05 (Other Expenses) per the accounting codes in the attachment to this ordinance.
SECTION 4. That the funds necessary to carry out the purpose of this ordinance are hereby deemed appropriated, and the City Auditor shall establish such accounting codes as necessary.
SECTION 5. That the City Auditor is authorized to make any accounting changes to revise the funding source for all expenses associated with this ordinance.
SECTION 6. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this Ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.