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Councilors lash back at firefighters
They say some of the union's members are intimidating residents with their campaigning.
UNION TARGET
City Councilor Rick Westcott:
He says a kingmaking union would be "a death knell for our representative form of government."
By BRIAN BARBER World Staff Writer
Published:
9/2/2009 2:25 AM
Last Modified: 9/2/2009 4:06 AM
Read Councilor John eagleton’s full presentation.
Some Tulsa city councilors accused the firefighters union Tuesday of "thuggery" and "intimidation" in its attempts to oust some councilors in this year's elections.
They told City Attorney Deirdre Dexter that she needs to defend the section of the City Charter banning the activity.
Councilor Rick Westcott, who is one of the union's targets alongside Councilors Bill Martinson and Eric Gomez, said he is disturbed that firefighters have become so involved in campaigning.
"If any union gets their candidate elected, then that union controls that candidate," he said during a council committee meeting. "If any union gets enough candidates elected, then that union controls the City Council and controls city government. That would be a death knell for our representative form of government."
Westcott said numerous constituents have relayed stories to him about firefighters out walking his district and knocking on their doors.
"They were campaigning for my opponent," he said, "and then politely said: 'Gee, it sure would be bad if your house caught on fire and we didn't have enough firefighters to properly respond. Gosh, that would be awful. We sure would hate it if your house caught on fire and we couldn't come out and take care of the problem.' "
Martinson said the city has a charter for a reason: "To protect the citizens."
He continued: "I've had people tell me they are afraid to put up my yard signs because they fear retaliation. The unions are swarming the neighborhoods.
"Folks, when you are afraid of the very people you expect to protect you, we have a huge problem on our hands."
The councilors are targeted because they wanted more time to consider a proposal by Martinson to cut the Police and Fire departments' budgets, which consume all of the city's two-penny sales tax for operations.
Firefighters Local 176 President Stan May maintains that union members have the right to campaign, as long as they are not in uniform and not doing it while on duty.
He said he "had a hard time believing" the anecdotes about what firefighters are saying to voters. He urged Tulsans to call the union with any complaints.
Police union members also are participating in the campaigning.
The City Charter states that "no chief, officer or sworn member of the Fire Department shall take an active part in any campaign for the election of officers of the city, except to vote and privately state a personal opinion."
But Dexter said the city takes its cues from state law, which allows such campaign activity under the First Amendment protections of free political speech.
Councilor John Eagleton, who is a lawyer, gave a long presentation about the city's history with this issue, concluding that it comes down to the charter.
Three city attorney opinions from 1984, 1990 and 1991 have indicated that charter provisions relating to local concerns prevail over state statutes. One says that those who violate the charter can be disciplined.
Eagleton also cited a 1981 Oklahoma attorney general's opinion that says any government can restrict the ability of its employees to actively participate in elections under the First Amendment.
Also, the governor had to approve Tulsa's charter as not being in conflict with the Constitution or state laws, he pointed out.
Dexter has countered with a 2009 state attorney general's opinion that the supremacy of state law over a city charter depends on whether the issue is a statewide concern or strictly a municipal affair.
The issue of political campaigning by unions is of statewide concern, she maintains.
In February 2008, before last year's election cycle began, Dexter sent an e-mail to all city employees stating that the City Charter and Oklahoma law prohibit anyone in the classified service from taking an active part in any municipal campaign.
She reversed herself weeks later, taking her current position that campaigning is allowed while off duty and not in a city uniform. She cited state law.
Eagleton said, "I expect the city attorney to defend the City Charter."
Westcott added, "Deirdre, I have never been more disappointed in a public official than I am with you as the city attorney."
Dexter said she takes her duties seriously and added, "I am not going to compromise my principles for anyone, and I don't care who tries to browbeat me."
Brian Barber 581-8322
brian.barber@tulsaworld.com
By BRIAN BARBER World Staff Writer
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Some reader comments for this story were copied from "
Firefighters union accused of improper campaigning
," which was published on 9/1/2009.
Report Comment
Four Sixteen Rigby
, Tulsa (9/1/2009 4:22:03 PM)
Union thugs? Why, who ever heard of such a thing?
Report Comment
peelumba
, (9/1/2009 4:22:24 PM)
lol those boys are running scared!
Report Comment
Scott Smith
, Tulsa (9/1/2009 4:27:47 PM)
Sounds like the 'protection' the mob offers.
Report Comment
bm
, Tulsa (9/1/2009 4:30:01 PM)
Those councilors are wrong. They ARE privately stating a personal opinion.
The councilors will lose if they attempt disciplinary action.
I don't agree with what the firefighters are doing, but they have every right to do what they are doing and I support them 110%.
Report Comment
Navin Johnson
, Tulsa (9/1/2009 4:31:07 PM)
Sounds like the City Attorney got her law degree at Quik Trip.
Report Comment
nomosoetero
, Tulsa (9/1/2009 4:34:55 PM)
bm....sorry, but...
The firefighters do NOT have that right. The city charter specifically forbids their participation in politics. They knew this when they signed up. It's as simple as that. Time to can a few of them. They lose some pretty sweet retirement benefits.
Report Comment
tnt091605
, (9/1/2009 4:35:58 PM)
Have they ever heard of the 1st amendment? They have the right to voice their opinions. They have a right to support who ever they want. These councilors forced them to get involved because they tried to slide in a vote that would have laid off police officers and firefighters. That is not the answer. Furloughs are bad enough. Although I understand we had to do something.
If these councilors are doing the right thing then the citizens will not listen to the firefighters.
But I sure would not vote for Westcott. He would not even step down to save his sons job!!!! And I would say I would not vote for Martinson for dog catcher but that would insult the dog catchers. He is so underhanded and has his own agendas.
Report Comment
tnt091605
, (9/1/2009 4:38:38 PM)
nomosoetero, Tulsa (9/1/2009 4:34:55 PM)
bm....sorry, but...
The firefighters do NOT have that right. The city charter specifically forbids their participation in politics. They knew this when they signed up. It's as simple as that. Time to can a few of them. They lose some pretty sweet retirement benefits.
City charter does not supercede State Laws and the constitution! The highest opinion so far states they can if off duty and not in uniform which from what I saw they were not.
Report Comment
Ryanoceros
, Tulsa (9/1/2009 4:38:52 PM)
unions, pfft.
Report Comment
CimeFighter
, (9/1/2009 4:42:02 PM)
Scare tactics? You are right councilor. It is a scare tactic. When you are looking at cutting the manpower of police officers and firefighters that would scare a lot of people. Your own manpower study showed we need more officers! YOUR REPORT THAT THE CITIZENS PAID FOR THAT THE COUNCIL HAS IGNORED!
You are right there is a problem and it starts with the mayor and the city council.
Report Comment
JTR
, (9/1/2009 4:42:12 PM)
What the firefighter's union is doing is campaigning! That is, attempting to persuade, not coerce, the people to vote against the candidates they do not like. The people, presumably, can choose to listen or not listen as they see fit. The counselors' argument only has merit if one assumes the people cannot think for themselves and will blindly follow what the union tells them to do. Because most of us are smarter than that, the counselors' argument is without merit and should be ignored. What the unions are doing, whether you agree or disagree with their position, is what elections are all about. More power to them.
Report Comment
johnny gage
, (9/1/2009 4:43:59 PM)
nomosoetero........sorry, but...
Contrary to what it says in the City Charter about taking an "active part" in any campaign, etc..the City on several occasions since has gone on to CLARIFY that "active part" means while "ON DUTY OR IN UNIFORM". So has the Attorney General. Mr. Westcott, and Mr. Martinson are using the media to grandstand. Mr. Westcott asked for the support of the Union while he was contemplating running for Mayor. How quickly he changes his tune when it does not benefit him. Talk about a flip-flop.
Report Comment
bm
, Tulsa (9/1/2009 4:44:55 PM)
Let me just say I know from experience.
I'm actually surprised they didn't cite one particular civil service case in which the city cited this political activity rule.... and lost. Mr. Barber you should remember this, you wrote about it in the TW.
The councilors will NOT win this, and they would just be setting themselves up for big time embarrassment.
Like I said before, I don't agree with what the firefighters are doing, but I fully and totally support their right to free speech.
Report Comment
yep
, Tulsa County (9/1/2009 4:45:56 PM)
Firefighters doing their own campaigning after hours and in street clothes is much different than the union campaigning.
What I find alarming is the firefighters who are blindly following the nonsense the union told them. Look at what the councilors really said. Now is not the time to be intellectually lazy, and simply swallow what story the union delivers.
Report Comment
DowntownNow
, (9/1/2009 4:48:17 PM)
This is a real disappointment when the City's own Attorney can not differentiate between what is a state matter and what is a municipal (city) matter. How can municipal elections of City Councilors or Mayoral candidates ever be considered a state level issue? The same song and dance from Deidre Dexter, cater to those with influence and forget about protecting or upholding the laws and charter of the City which you were hired to serve. The Council should find a way to impeach this imbecile.
Report Comment
Navin Johnson
, Tulsa (9/1/2009 4:48:26 PM)
Interesting how many first-timers there are posting on this story. Shouldn't all of you be out violating the city charter.
I hate unions....
Report Comment
johnny gage
, (9/1/2009 4:48:36 PM)
Yep,
the firefighters are "The Union". They are one in the same.
Report Comment
Thunder196
, Tulsa (9/1/2009 4:49:07 PM)
Let them come to my door. I will have a tape recorder that is voice activated. Will tape anything they say. They might scare people into removing signs, but will they remove the vote.
Report Comment
ACE
, Tulsa (9/1/2009 4:49:35 PM)
"If these councilors are doing the right thing then the citizens will not listen to the firefighters. "
IF the information that is being circulated about the councilors is true and correct. I'm still waiting for someone to look at Martinson's proposal and point me to the page that mentions layoffs.
Report Comment
Brooksider
, Tulsa (9/1/2009 4:52:07 PM)
The Tulsa Charter says, "No person in the
classified service shall take an active part in any campaign for the election of officers of the
city, except to vote and privately state a personal opinion."
If the firefighters identified themselves as such and were out talking to people either for or against an elected official or candidate, they have violated the charter. If they did not present themselves as firefighters or members of the firefighters union they were probably within their rights. Witnesses need to come forward to go on record and file complaints; otherwise it's just anecdotal incidents.
Report Comment
bm
, Tulsa (9/1/2009 4:55:41 PM)
"privately" = off the clock
Report Comment
DowntownNow
, (9/1/2009 5:02:24 PM)
bm...these Councilors are not wrong. The City Charter is specific, it state that “no chief, officer or sworn member of the Fire Department shall take an active part in any campaign for the election of officers of the city, except to vote and privately state a personal opinion.” If your agruments here held, then Dexter would not need to rely on this being a state issue, not municipal.
The act of going door to door to endorse one candidate over another is "taking an active part in any campaign..." My guess is these Councilors would not lose in court and the Charter should be backed up by the pandering and cowardly City Attorney.
nomosoetero...I completely agree with you, can a few of them to teach them all a lesson. There are rules, regulations, laws and guidelines for a reason. Time for someone to step up and enforce them.
The funny thing is not one of you defending the firefighter's position and saying these Councilors were looking to cut the manpower has ever documented one quote that would lead a reasonable person to believe that's what they intended. These Councilors have always sided with the need for additional manpower in both departments. If any of you took the time to listen to Martinson's presentation of the budget, he NEVER once called for a reduction in manpower. He DID call for a reduction in salary and benefits under a struggling budget given the economy to ensure that manpowere levels were never reduced to provide adequate coverage.
It was the Unions that cried reduction in manpower in order to strike fear in citizens. The Union has the ability to renegotiate salary & benefits to ensure all its members retain their jobs...they chose not to and instead emply a scare tactic. How pathetic...just further showed the greed and contempt against the City at large.
Report Comment
DowntownNow
, (9/1/2009 5:08:08 PM)
bm..."privately" does not mean off the clock. But you go find a legal finding of fact with that regard and get back to us to support your position.
In all the opinions stated in the article above, they all point to the firefighters being in the wrong here. And poor Dexter...either she's incompetent (not surprising given recent other actions/opinions i.e. ballpark trust, assessment, TDA, ethics complaints, etc)...or she is a lackey. She could be all things but never an intellectually honest indivudual when it comes to matters of law apparently.
Report Comment
imightbewrong
, tulsa (9/1/2009 5:09:22 PM)
Union=overpaid
Union=waste
Union=lazy
Union=intimidation etc.etc.etc
Report Comment
Ignatz
, Broken Bow (9/1/2009 5:10:26 PM)
I doubt that the Charter would stand up to State or Federal freedom of speech challenge, but firefighters have an obligation to follow it until that occurs. This Westcott rodent sounds like a lying weinie of the first order.
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