RES 2012-0298 - Claims of professional firefighters association local 385 denied l
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City of Omaha Q M A t i A', f `-h r.N�h fl Paul D.Kratz
Jim Soule,Mayor City Attorney
Honorable President
and Members of the City Council,
Omaha Professional Firefighters Association of Omaha Local 385, on behalf of firefighters at
various ranks including firefighter,fire apparatus engineer,fire captain,drill master,paramedic shift
supervisor,assistant fire marshal and battalion chief,by and through their attorney John E.Corrigan,
has submitted a claim to the City of Omaha based on the City's implementation of a decision from
the Nebraska Commission of Industrial Relations (CIR) in Case No. 1173. A Findings and Order
was entered in Case No. 1173 on or about December 30,2008, and the Final Order was entered on
February 18,2009. The claim was brought under the Nebraska Wage Payment Collection Act,Neb.
Rev. Stat. § 48-1228, et seq.
The City Law Department and Finance Department recommend denial of those portions of the wage
claims that have not been otherwise disposed of The first claim is that the City violated Omaha
Municipal Code § 23-148 in implementing the CIR Decision because some employees made less
than some who were less senior in rank,grade,and/or class. The second claim is that the City failed
to maintain four(4)personnel on each truck and engine unit prior to entry of the CIR's Final Order
on February 13, 2009, and that the City should be responsible for making payments to those
individuals who should have had the opportunity to work. The City believes that its implementation
was correct in regards to the first two claims.
The third claim alleges that the City failed to timely pay the single lump sum payment due as a result
of the CIR decision in Case No. 1173. Those amounts were payable within ninety(90)days of that
Order. The City has made payment and paid the required post judgment interest required by
Nebraska law.
The fourth claim is that the City failed to maintain four(4)personnel on each truck and engine unit
after entry of the CIR's Final Order on February 13,2009,and that the City should be responsible for
making payments to those individuals who should have had the opportunity to work. City believes
that any violations of the contract should have been raised and addressed at the time and that there is
no evidence of any violation of this provision.
The fifth claim alleges the violation of Article 49,Section 7,of the Collective Bargaining Agreement
that expired on December 29, 2007. The Union asserts that the City remains obligated to pay a
premium to persons temporarily assigned to a medic unit holding a paramedic certification and that
such employees are entitled to receive twenty dollars ($20) per work shift beginning on the third
consecutive full-duty shift. City believes that the Commission of Industrial Relations did away with
• violation of a criminal drug statute occurring in the workplace no later than five
2- DEBARMENT,SUSPENSION.AND OTHER RESPONSIBILITY calendar days after such conviction.
MATTERS(DIRECT RECIPIENT)
The subgrantee certifies that it will take one or more of the following actions within
As required by Executive Order 12549,Debarment and Suspension,and 30 calendar days of receiving notice of the conviction:
implemented at 28 CFR Part 67,for prospective participants in primary covered
transaction,as defined at 28 CFR Pan 67,Section 67.510- A. Taking appropriate personnel action against such an employee,up to and
including termination,consistent with the requirements of the Rehabilitation Act of
A. The applicant certifies that it and its principals: 1973,as amended;or
(a)Are not presently debarred,suspended,proposed for debarment,declared B. Requiring such employee to participate satisfactorily in a drug abuse assistance of
ineligible,sentenced to a denial of Federal benefits by a State of Federal court,or rehabilitation program approved for such purpose by a Federal,State or local health,
voluntarily excluded from covered transactions by any Federal department of law enforcement,or other appropriate agency •
;
cY:
The subgrentee certifies that it will make a good faith effort to continue to maintain a
(b) Have not within a three-year period preceding this application been convicted drug-free workplace.
of or had a civil judgment rendered against them for commission of fraud or a • •
criminal offense in connection with obtaining,attempting to obtain,or performing a Organization Name and Address: •
public(Federal,State,or local)transaction or contract under a public transaction; Jim Suttle,Mayor
violation of Federal or State antitrust statutes or commission of embezzlement,
theft,forgery;bribery,falsification or destruction of records,making false Typed Name and Title of Authorized Representative
statements,or receiving stolen property, efri 5474r.
e/'/Jb
(c)Are not presently indicted for or otherwise criminally or civilly charged by a •
DiJe/
governmental entity(Federal,State,or local)with commission of any of the
offenses enumerated in paragraph(1)(b)of this certification;and
(d) Have not within a three-year period preceding this application had one or more
public transactions(Federal,State or local)terminated for cause or default;and
B. Where the applicant is unable to certify to any of the statements in this
certification,he or she shall attach an explanation to this application.
3. DRUG-FREE WORKPLACE(GRANTEES OTHER THAN
INDIVIUA1S)
•
The applicant certifies that it will or will continue to provide a drug-free workplace
by:
•
A. Publishing a statement notifying employees that the unlawful manufacture,
distribution,dispensing,possession,or use of a controlled substance is prohibited
August 6.2010 2010 ARRA Edward Byrne Justice Assistance Grant-Nebraska Crime Commission Page 26 of 26
Omaha Gun Violence Reduction Initiative
PAGE 2
this practice.
The sixth claim is that the City violated the Collective Bargaining Agreement in place by failing to
pay an additional two hundred dollars ($200) per month in pay for paramedics who are the only
paramedics assigned to a medic unit. Again,the City believes the Order of the CIR in Case No. 1173
eliminated this requirement.
The seventh claim is that City failed to pay hazmat unassigned specialty pay to those individuals who
had received training in hazardous materials. The City believes its conduct was in compliance with
the Order of the CIR in that it made all payments that were required.
The eighth claim was that the City failed to pay paramedic specialty pay to individuals holding the
rank of battalion chief City's position is that the City's conduct was consistent with the Decision of
the CIR as it modified the Collective Bargaining Agreement that battalion chiefs had not been
entitled to paramedic specialty pay generally,and that the CIR Order did not change this provision.
The City of Omaha Law and Finance Department have analyzed these claims and determined that the
City's conduct was consistent with the Collective Bargaining Agreement as modified by the Orders
of the Commission of Industrial Relations in Case No. 1173; and therefore its conduct was
appropriate.
We respectfully request the City Council deny these claims.
Respectfully submitted,
S
• 43a
Bernard J. in den Bosch D to Pam Spaccarotella Date
Assistant City Attorney Finance Director
p:\law-city council documents\2012\100I7dae.doc
in rank,grade,and/or class. The second claim is that the City failed
to maintain four(4)personnel on each truck and engine unit prior to entry of the CIR's Final Order
on February 13, 2009, and that the City should be responsible for making payments to those
individuals who should have had the opportunity to work. The City believes that its implementation
was correct in regards to the first two claims.
The third claim alleges that the City failed to timely pay the single lump sum payment due as a result
of the CIR decision in Case No. 1173. Those amounts were payable within ninety(90)days of that
Order. The City has made payment and paid the required post judgment interest required by
Nebraska law.
The fourth claim is that the City failed to maintain four(4)personnel on each truck and engine unit
after entry of the CIR's Final Order on February 13,2009,and that the City should be responsible for
making payments to those individuals who should have had the opportunity to work. City believes
that any violations of the contract should have been raised and addressed at the time and that there is
no evidence of any violation of this provision.
The fifth claim alleges the violation of Article 49,Section 7,of the Collective Bargaining Agreement
that expired on December 29, 2007. The Union asserts that the City remains obligated to pay a
premium to persons temporarily assigned to a medic unit holding a paramedic certification and that
such employees are entitled to receive twenty dollars ($20) per work shift beginning on the third
consecutive full-duty shift. City believes that the Commission of Industrial Relations did away with
• violation of a criminal drug statute occurring in the workplace no later than five
2- DEBARMENT,SUSPENSION.AND OTHER RESPONSIBILITY calendar days after such conviction.
MATTERS(DIRECT RECIPIENT)
The subgrantee certifies that it will take one or more of the following actions within
As required by Executive Order 12549,Debarment and Suspension,and 30 calendar days of receiving notice of the conviction:
implemented at 28 CFR Part 67,for prospective participants in primary covered
transaction,as defined at 28 CFR Pan 67,Section 67.510- A. Taking appropriate personnel action against such an employee,up to and
including termination,consistent with the requirements of the Rehabilitation Act of
A. The applicant certifies that it and its principals: 1973,as amended;or
(a)Are not presently debarred,suspended,proposed for debarment,declared B. Requiring such employee to participate satisfactorily in a drug abuse assistance of
ineligible,sentenced to a denial of Federal benefits by a State of Federal court,or rehabilitation program approved for such purpose by a Federal,State or local health,
voluntarily excluded from covered transactions by any Federal department of law enforcement,or other appropriate agency •
;
cY:
The subgrentee certifies that it will make a good faith effort to continue to maintain a
(b) Have not within a three-year period preceding this application been convicted drug-free workplace.
of or had a civil judgment rendered against them for commission of fraud or a • •
criminal offense in connection with obtaining,attempting to obtain,or performing a Organization Name and Address: •
public(Federal,State,or local)transaction or contract under a public transaction; Jim Suttle,Mayor
violation of Federal or State antitrust statutes or commission of embezzlement,
theft,forgery;bribery,falsification or destruction of records,making false Typed Name and Title of Authorized Representative
statements,or receiving stolen property, efri 5474r.
e/'/Jb
(c)Are not presently indicted for or otherwise criminally or civilly charged by a •
DiJe/
governmental entity(Federal,State,or local)with commission of any of the
offenses enumerated in paragraph(1)(b)of this certification;and
(d) Have not within a three-year period preceding this application had one or more
public transactions(Federal,State or local)terminated for cause or default;and
B. Where the applicant is unable to certify to any of the statements in this
certification,he or she shall attach an explanation to this application.
3. DRUG-FREE WORKPLACE(GRANTEES OTHER THAN
INDIVIUA1S)
•
The applicant certifies that it will or will continue to provide a drug-free workplace
by:
•
A. Publishing a statement notifying employees that the unlawful manufacture,
distribution,dispensing,possession,or use of a controlled substance is prohibited
August 6.2010 2010 ARRA Edward Byrne Justice Assistance Grant-Nebraska Crime Commission Page 26 of 26
Omaha Gun Violence Reduction Initiative
AFFIDAVIT OF DEBORAH SANDER
STATE OF NEBRASKA )
) ss.
COUNTY OF DOUGLAS )
COMES NOW, Deborah Sander and after first being duly sworn upon oath, deposes and
states as follows:
1. Affiant is of lawful age and has first-hand knowledge regarding the contents of
this affidavit.
2. That I am employed by the City of Omaha as Payroll Manager and have served in
that position since April 2004. Prior to that time, I served in various positions going back to my
initial hire with the City on October 1, 1990. That my duties and responsibilities as Payroll
Manager include oversight and supervision of the payment of wages for over 3,500 City
employees and 2,700 pensioners.
3. That after expiration of the Collective Bargaining Agreement between the City of
Omaha and Professional Firefighters Association of Omaha, Local 385 on December 29, 2007,
the City was without a labor agreement with that group. On March 6, 2008, the Professional
Firefighters Association of Omaha filed an action in the Commission of Industrial Relations
docketed as. Case No. 1173 asking that the Commission establish the wages, terms and
conditions of employment for those individuals subject to that bargaining group.
4. That the Commission of Industrial Relations entered a Findings and Order in Case
No. 1173, dated December 23, 2008, and a Final Order in Case No. 1173, dated February 18,
2009. That after entry of those Orders, I participated with the Acting Labor Relations Director
and the Finance Director in attempting to implement the two Orders. We also received advice as
class. The second claim is that the City failed
to maintain four(4)personnel on each truck and engine unit prior to entry of the CIR's Final Order
on February 13, 2009, and that the City should be responsible for making payments to those
individuals who should have had the opportunity to work. The City believes that its implementation
was correct in regards to the first two claims.
The third claim alleges that the City failed to timely pay the single lump sum payment due as a result
of the CIR decision in Case No. 1173. Those amounts were payable within ninety(90)days of that
Order. The City has made payment and paid the required post judgment interest required by
Nebraska law.
The fourth claim is that the City failed to maintain four(4)personnel on each truck and engine unit
after entry of the CIR's Final Order on February 13,2009,and that the City should be responsible for
making payments to those individuals who should have had the opportunity to work. City believes
that any violations of the contract should have been raised and addressed at the time and that there is
no evidence of any violation of this provision.
The fifth claim alleges the violation of Article 49,Section 7,of the Collective Bargaining Agreement
that expired on December 29, 2007. The Union asserts that the City remains obligated to pay a
premium to persons temporarily assigned to a medic unit holding a paramedic certification and that
such employees are entitled to receive twenty dollars ($20) per work shift beginning on the third
consecutive full-duty shift. City believes that the Commission of Industrial Relations did away with
• violation of a criminal drug statute occurring in the workplace no later than five
2- DEBARMENT,SUSPENSION.AND OTHER RESPONSIBILITY calendar days after such conviction.
MATTERS(DIRECT RECIPIENT)
The subgrantee certifies that it will take one or more of the following actions within
As required by Executive Order 12549,Debarment and Suspension,and 30 calendar days of receiving notice of the conviction:
implemented at 28 CFR Part 67,for prospective participants in primary covered
transaction,as defined at 28 CFR Pan 67,Section 67.510- A. Taking appropriate personnel action against such an employee,up to and
including termination,consistent with the requirements of the Rehabilitation Act of
A. The applicant certifies that it and its principals: 1973,as amended;or
(a)Are not presently debarred,suspended,proposed for debarment,declared B. Requiring such employee to participate satisfactorily in a drug abuse assistance of
ineligible,sentenced to a denial of Federal benefits by a State of Federal court,or rehabilitation program approved for such purpose by a Federal,State or local health,
voluntarily excluded from covered transactions by any Federal department of law enforcement,or other appropriate agency •
;
cY:
The subgrentee certifies that it will make a good faith effort to continue to maintain a
(b) Have not within a three-year period preceding this application been convicted drug-free workplace.
of or had a civil judgment rendered against them for commission of fraud or a • •
criminal offense in connection with obtaining,attempting to obtain,or performing a Organization Name and Address: •
public(Federal,State,or local)transaction or contract under a public transaction; Jim Suttle,Mayor
violation of Federal or State antitrust statutes or commission of embezzlement,
theft,forgery;bribery,falsification or destruction of records,making false Typed Name and Title of Authorized Representative
statements,or receiving stolen property, efri 5474r.
e/'/Jb
(c)Are not presently indicted for or otherwise criminally or civilly charged by a •
DiJe/
governmental entity(Federal,State,or local)with commission of any of the
offenses enumerated in paragraph(1)(b)of this certification;and
(d) Have not within a three-year period preceding this application had one or more
public transactions(Federal,State or local)terminated for cause or default;and
B. Where the applicant is unable to certify to any of the statements in this
certification,he or she shall attach an explanation to this application.
3. DRUG-FREE WORKPLACE(GRANTEES OTHER THAN
INDIVIUA1S)
•
The applicant certifies that it will or will continue to provide a drug-free workplace
by:
•
A. Publishing a statement notifying employees that the unlawful manufacture,
distribution,dispensing,possession,or use of a controlled substance is prohibited
August 6.2010 2010 ARRA Edward Byrne Justice Assistance Grant-Nebraska Crime Commission Page 26 of 26
Omaha Gun Violence Reduction Initiative
necessary from the City's counsel who represented it in the Commission of Industrial Relations
and counsel in the City of Omaha Law Department.
5. That the Orders of the Commission of Industrial Relations substantially changed
numerous terms and conditions of employment. In regards to compensation, the Commission of
Industrial Relations established ranges of pay for each rank within the City of Omaha Fire
Department. In addition, the Commission of Industrial Relations established the number of steps
and the number of years it would take to proceed through these steps. In that regard that as the
City's payroll manager, I prepared various pay tables attempting to implement the Order.
6. In attempting to determine the back pay, this issue is complicated by several
factors including ongoing negotiations and desire to avoid having to recalculate appropriate
payment multiple times. Calculations to pay firefighters are very complex as a result of concerns
about the Fair Labor Standards Act and the twenty-eight (28) day cycle, and various pay items as
callback, overtime, comp time, specialty and other pay. As payroll manager, I am the only
person within my division of the Finance Department who has sufficient knowledge and
background to calculate back pay as a result of the CIR Decision.
7. That in addition to calculating the back pay for the CIR, I am responsible for
supervising a staff of five, managing the bi-weekly payroll for all City and DOT.Comm
employees, monthly payroll for retired employees and any and all data that is necessary for
preparation for Collective Bargaining and other purposes.
8. That pursuant to a Status Quo Order of the Commission of Industrial Relations,
the City continued to pay the wages for 2007 until implementation of the CIR's Order dated
February 18, 2009 on May 3, 2009. As of that date, individuals subject to the Collective
2
that its implementation
was correct in regards to the first two claims.
The third claim alleges that the City failed to timely pay the single lump sum payment due as a result
of the CIR decision in Case No. 1173. Those amounts were payable within ninety(90)days of that
Order. The City has made payment and paid the required post judgment interest required by
Nebraska law.
The fourth claim is that the City failed to maintain four(4)personnel on each truck and engine unit
after entry of the CIR's Final Order on February 13,2009,and that the City should be responsible for
making payments to those individuals who should have had the opportunity to work. City believes
that any violations of the contract should have been raised and addressed at the time and that there is
no evidence of any violation of this provision.
The fifth claim alleges the violation of Article 49,Section 7,of the Collective Bargaining Agreement
that expired on December 29, 2007. The Union asserts that the City remains obligated to pay a
premium to persons temporarily assigned to a medic unit holding a paramedic certification and that
such employees are entitled to receive twenty dollars ($20) per work shift beginning on the third
consecutive full-duty shift. City believes that the Commission of Industrial Relations did away with
• violation of a criminal drug statute occurring in the workplace no later than five
2- DEBARMENT,SUSPENSION.AND OTHER RESPONSIBILITY calendar days after such conviction.
MATTERS(DIRECT RECIPIENT)
The subgrantee certifies that it will take one or more of the following actions within
As required by Executive Order 12549,Debarment and Suspension,and 30 calendar days of receiving notice of the conviction:
implemented at 28 CFR Part 67,for prospective participants in primary covered
transaction,as defined at 28 CFR Pan 67,Section 67.510- A. Taking appropriate personnel action against such an employee,up to and
including termination,consistent with the requirements of the Rehabilitation Act of
A. The applicant certifies that it and its principals: 1973,as amended;or
(a)Are not presently debarred,suspended,proposed for debarment,declared B. Requiring such employee to participate satisfactorily in a drug abuse assistance of
ineligible,sentenced to a denial of Federal benefits by a State of Federal court,or rehabilitation program approved for such purpose by a Federal,State or local health,
voluntarily excluded from covered transactions by any Federal department of law enforcement,or other appropriate agency •
;
cY:
The subgrentee certifies that it will make a good faith effort to continue to maintain a
(b) Have not within a three-year period preceding this application been convicted drug-free workplace.
of or had a civil judgment rendered against them for commission of fraud or a • •
criminal offense in connection with obtaining,attempting to obtain,or performing a Organization Name and Address: •
public(Federal,State,or local)transaction or contract under a public transaction; Jim Suttle,Mayor
violation of Federal or State antitrust statutes or commission of embezzlement,
theft,forgery;bribery,falsification or destruction of records,making false Typed Name and Title of Authorized Representative
statements,or receiving stolen property, efri 5474r.
e/'/Jb
(c)Are not presently indicted for or otherwise criminally or civilly charged by a •
DiJe/
governmental entity(Federal,State,or local)with commission of any of the
offenses enumerated in paragraph(1)(b)of this certification;and
(d) Have not within a three-year period preceding this application had one or more
public transactions(Federal,State or local)terminated for cause or default;and
B. Where the applicant is unable to certify to any of the statements in this
certification,he or she shall attach an explanation to this application.
3. DRUG-FREE WORKPLACE(GRANTEES OTHER THAN
INDIVIUA1S)
•
The applicant certifies that it will or will continue to provide a drug-free workplace
by:
•
A. Publishing a statement notifying employees that the unlawful manufacture,
distribution,dispensing,possession,or use of a controlled substance is prohibited
August 6.2010 2010 ARRA Edward Byrne Justice Assistance Grant-Nebraska Crime Commission Page 26 of 26
Omaha Gun Violence Reduction Initiative
Bargaining Agreement between the City and Professional Firefighters Local 385 received the
wages and other benefits as established by the CIR and its Order.
9. The City did make back pay payments for the time period between December 31,
2007, and December 27, 2008, as was required the Commission of Industrial Relations Findings
and Order and Final Order by issuing documents for review on June 28, 2010, revised documents
for review on July 20, 2010 and then making payment for those in agreement on August 6, 2010,
and then after an additional period of addressing questions, disputes and concerns with individual
firefighters and the Union a second round of payments was made on October 15, 2010.
10. The City was certainly aware that this payment was outside the ninety (90) day
period contemplated by the Order of the Commission of Industrial Relations. As a result, City
paid judgment interest as required by Neb.Rev.Stat. § 45-103. The Final Order of the CIR was
entered on February 18, 2009, and the established judgment rate of interest was 2.254%.
Employees within the Fire bargaining group were actually paid the highest interest rate in the
time period from issuance of the Order to date of payment, 2.427%. This was to avoid any
concerns about adjusting interest rates during the time that payment was due and the date of
payment.
11. The City of Omaha does in fact have an Ordinance, Omaha Municipal Code Sec.
23-148, which has been in effect for many years which provides that individuals at a higher rank
in public safety departments should not make less than an individual at a lower rank. A review
of the Collective Bargaining Agreement in existence prior to the Order of the CIR demonstrates
that there was no overlap between the compensation for various ranks. This is consistent with
Omaha Municipal Code Sec. 23-148.
3
ividuals subject to the Collective
2
that its implementation
was correct in regards to the first two claims.
The third claim alleges that the City failed to timely pay the single lump sum payment due as a result
of the CIR decision in Case No. 1173. Those amounts were payable within ninety(90)days of that
Order. The City has made payment and paid the required post judgment interest required by
Nebraska law.
The fourth claim is that the City failed to maintain four(4)personnel on each truck and engine unit
after entry of the CIR's Final Order on February 13,2009,and that the City should be responsible for
making payments to those individuals who should have had the opportunity to work. City believes
that any violations of the contract should have been raised and addressed at the time and that there is
no evidence of any violation of this provision.
The fifth claim alleges the violation of Article 49,Section 7,of the Collective Bargaining Agreement
that expired on December 29, 2007. The Union asserts that the City remains obligated to pay a
premium to persons temporarily assigned to a medic unit holding a paramedic certification and that
such employees are entitled to receive twenty dollars ($20) per work shift beginning on the third
consecutive full-duty shift. City believes that the Commission of Industrial Relations did away with
• violation of a criminal drug statute occurring in the workplace no later than five
2- DEBARMENT,SUSPENSION.AND OTHER RESPONSIBILITY calendar days after such conviction.
MATTERS(DIRECT RECIPIENT)
The subgrantee certifies that it will take one or more of the following actions within
As required by Executive Order 12549,Debarment and Suspension,and 30 calendar days of receiving notice of the conviction:
implemented at 28 CFR Part 67,for prospective participants in primary covered
transaction,as defined at 28 CFR Pan 67,Section 67.510- A. Taking appropriate personnel action against such an employee,up to and
including termination,consistent with the requirements of the Rehabilitation Act of
A. The applicant certifies that it and its principals: 1973,as amended;or
(a)Are not presently debarred,suspended,proposed for debarment,declared B. Requiring such employee to participate satisfactorily in a drug abuse assistance of
ineligible,sentenced to a denial of Federal benefits by a State of Federal court,or rehabilitation program approved for such purpose by a Federal,State or local health,
voluntarily excluded from covered transactions by any Federal department of law enforcement,or other appropriate agency •
;
cY:
The subgrentee certifies that it will make a good faith effort to continue to maintain a
(b) Have not within a three-year period preceding this application been convicted drug-free workplace.
of or had a civil judgment rendered against them for commission of fraud or a • •
criminal offense in connection with obtaining,attempting to obtain,or performing a Organization Name and Address: •
public(Federal,State,or local)transaction or contract under a public transaction; Jim Suttle,Mayor
violation of Federal or State antitrust statutes or commission of embezzlement,
theft,forgery;bribery,falsification or destruction of records,making false Typed Name and Title of Authorized Representative
statements,or receiving stolen property, efri 5474r.
e/'/Jb
(c)Are not presently indicted for or otherwise criminally or civilly charged by a •
DiJe/
governmental entity(Federal,State,or local)with commission of any of the
offenses enumerated in paragraph(1)(b)of this certification;and
(d) Have not within a three-year period preceding this application had one or more
public transactions(Federal,State or local)terminated for cause or default;and
B. Where the applicant is unable to certify to any of the statements in this
certification,he or she shall attach an explanation to this application.
3. DRUG-FREE WORKPLACE(GRANTEES OTHER THAN
INDIVIUA1S)
•
The applicant certifies that it will or will continue to provide a drug-free workplace
by:
•
A. Publishing a statement notifying employees that the unlawful manufacture,
distribution,dispensing,possession,or use of a controlled substance is prohibited
August 6.2010 2010 ARRA Edward Byrne Justice Assistance Grant-Nebraska Crime Commission Page 26 of 26
Omaha Gun Violence Reduction Initiative
•
12. The City believes that the Order of the Commission of Industrial Relations
supersedes the Ordinance approving the Collective Bargaining Agreement and any other City
Ordinance. This is why the City changed the wages and terms and conditions of employment to
be consistent with the Orders after receiving them. The Commission significantly changed the
pay range for each rank and as a result, if Union is successful in this claim, it will mean
numerous steps in each pay range will be "dead" That means no one can be assigned to those
steps. This appears to be inconsistent with the Orders of the Commission of Industrial Relations.
13. Prior to the CIR Decision, all certified paramedics not assigned to a medic unit
were paid EMT-P certified specialty pay. If a certified paramedic assigned to a rig was assigned
to a squad for a day, that employee would be temporarily detached— assigned to drive the squad
and was paid twenty dollars per day in EMT-P shift pay. The CIR Finding and Order (p. 28,
item 39) states, "The respondent shall discontinue its practice of providing specialty pay for
arson investigation, medical unit drivers and high angle rescue." Because of this language,
employees who were temporarily assigned to drive the squad, the practice of paying them twenty
dollars a day was discontinued.
14. Prior to the CIR Decision all paramedics assigned to a medical unit received
paramedic assigned pay; and if they were the only paramedic on a medic unit (the driver was not
a paramedic) they received an additional specialty pay, paramedic squad pay. The Final Order
(p. 8, item 13) states, "The Respondent requests the Commission to Order that it is the prevalent
practice to have no special requirements with regard to ambulance staffing. The petitioner
requests the Commission to keep the current practice in place where a captain is staffed on
ambulance. According to our new Table 50, it is clear that ambulances should be staffed with 2
4
m alleges that the City failed to timely pay the single lump sum payment due as a result
of the CIR decision in Case No. 1173. Those amounts were payable within ninety(90)days of that
Order. The City has made payment and paid the required post judgment interest required by
Nebraska law.
The fourth claim is that the City failed to maintain four(4)personnel on each truck and engine unit
after entry of the CIR's Final Order on February 13,2009,and that the City should be responsible for
making payments to those individuals who should have had the opportunity to work. City believes
that any violations of the contract should have been raised and addressed at the time and that there is
no evidence of any violation of this provision.
The fifth claim alleges the violation of Article 49,Section 7,of the Collective Bargaining Agreement
that expired on December 29, 2007. The Union asserts that the City remains obligated to pay a
premium to persons temporarily assigned to a medic unit holding a paramedic certification and that
such employees are entitled to receive twenty dollars ($20) per work shift beginning on the third
consecutive full-duty shift. City believes that the Commission of Industrial Relations did away with
• violation of a criminal drug statute occurring in the workplace no later than five
2- DEBARMENT,SUSPENSION.AND OTHER RESPONSIBILITY calendar days after such conviction.
MATTERS(DIRECT RECIPIENT)
The subgrantee certifies that it will take one or more of the following actions within
As required by Executive Order 12549,Debarment and Suspension,and 30 calendar days of receiving notice of the conviction:
implemented at 28 CFR Part 67,for prospective participants in primary covered
transaction,as defined at 28 CFR Pan 67,Section 67.510- A. Taking appropriate personnel action against such an employee,up to and
including termination,consistent with the requirements of the Rehabilitation Act of
A. The applicant certifies that it and its principals: 1973,as amended;or
(a)Are not presently debarred,suspended,proposed for debarment,declared B. Requiring such employee to participate satisfactorily in a drug abuse assistance of
ineligible,sentenced to a denial of Federal benefits by a State of Federal court,or rehabilitation program approved for such purpose by a Federal,State or local health,
voluntarily excluded from covered transactions by any Federal department of law enforcement,or other appropriate agency •
;
cY:
The subgrentee certifies that it will make a good faith effort to continue to maintain a
(b) Have not within a three-year period preceding this application been convicted drug-free workplace.
of or had a civil judgment rendered against them for commission of fraud or a • •
criminal offense in connection with obtaining,attempting to obtain,or performing a Organization Name and Address: •
public(Federal,State,or local)transaction or contract under a public transaction; Jim Suttle,Mayor
violation of Federal or State antitrust statutes or commission of embezzlement,
theft,forgery;bribery,falsification or destruction of records,making false Typed Name and Title of Authorized Representative
statements,or receiving stolen property, efri 5474r.
e/'/Jb
(c)Are not presently indicted for or otherwise criminally or civilly charged by a •
DiJe/
governmental entity(Federal,State,or local)with commission of any of the
offenses enumerated in paragraph(1)(b)of this certification;and
(d) Have not within a three-year period preceding this application had one or more
public transactions(Federal,State or local)terminated for cause or default;and
B. Where the applicant is unable to certify to any of the statements in this
certification,he or she shall attach an explanation to this application.
3. DRUG-FREE WORKPLACE(GRANTEES OTHER THAN
INDIVIUA1S)
•
The applicant certifies that it will or will continue to provide a drug-free workplace
by:
•
A. Publishing a statement notifying employees that the unlawful manufacture,
distribution,dispensing,possession,or use of a controlled substance is prohibited
August 6.2010 2010 ARRA Edward Byrne Justice Assistance Grant-Nebraska Crime Commission Page 26 of 26
Omaha Gun Violence Reduction Initiative
employees. The remainder of the staffing requirements are management prerogative and will not
be ordered."
Based on this language, it was determined that paramedics assigned this squad would
continue to receive paramedic assigned pay, but because the remainder of the staff on the squad
was determined to be management prerogative (anyone could drive the squad), extra pay for
being the only paramedic on the squad was discontinued.
15. In reviewing the Order of the CIR and the Labor Agreement, it was not clear what
was meant by hazardous material assignment. However, it appears the CIR used that term to
refer to Special Operation Technicians as they were labeled in the Collective Bargaining
Agreement as it referred to people assigned and not those who may have completed one module
of training. Therefore, in order to qualify as someone entitled to hazmat certification pay, one
must complete all required modules for special operations training (hazmat module, high angle
and confined space rescue training module, trench rescue training module, and specialized RIT
training module) in addition to being permanently assigned to Rescue 1, Rescue 2, Engine 33, or
a backup to Rescue 2. In order to receive the specialty pay at the unassigned rate, one must have
completed the required modules and be permanent assigned to any other suppression unit.
16. The Order of the CIR describes various specialty pays. At no time does it make
any distinction about who is entitled to any such pay. In fact, it makes no effort to amend any of
the restrictions in Article 49, Section 7, as to who is entitled to certain pay. Article 49, Section 7,
Item 2, provided that paramedic specialty pay only applied to those individuals below the rank of
battalion chief. Nothing in the Order of the CIR changed who was to receive the pay, but rather
it was focused on changing the pay from a dollar amount to a percentage of pay.
5
that ambulances should be staffed with 2
4
m alleges that the City failed to timely pay the single lump sum payment due as a result
of the CIR decision in Case No. 1173. Those amounts were payable within ninety(90)days of that
Order. The City has made payment and paid the required post judgment interest required by
Nebraska law.
The fourth claim is that the City failed to maintain four(4)personnel on each truck and engine unit
after entry of the CIR's Final Order on February 13,2009,and that the City should be responsible for
making payments to those individuals who should have had the opportunity to work. City believes
that any violations of the contract should have been raised and addressed at the time and that there is
no evidence of any violation of this provision.
The fifth claim alleges the violation of Article 49,Section 7,of the Collective Bargaining Agreement
that expired on December 29, 2007. The Union asserts that the City remains obligated to pay a
premium to persons temporarily assigned to a medic unit holding a paramedic certification and that
such employees are entitled to receive twenty dollars ($20) per work shift beginning on the third
consecutive full-duty shift. City believes that the Commission of Industrial Relations did away with
• violation of a criminal drug statute occurring in the workplace no later than five
2- DEBARMENT,SUSPENSION.AND OTHER RESPONSIBILITY calendar days after such conviction.
MATTERS(DIRECT RECIPIENT)
The subgrantee certifies that it will take one or more of the following actions within
As required by Executive Order 12549,Debarment and Suspension,and 30 calendar days of receiving notice of the conviction:
implemented at 28 CFR Part 67,for prospective participants in primary covered
transaction,as defined at 28 CFR Pan 67,Section 67.510- A. Taking appropriate personnel action against such an employee,up to and
including termination,consistent with the requirements of the Rehabilitation Act of
A. The applicant certifies that it and its principals: 1973,as amended;or
(a)Are not presently debarred,suspended,proposed for debarment,declared B. Requiring such employee to participate satisfactorily in a drug abuse assistance of
ineligible,sentenced to a denial of Federal benefits by a State of Federal court,or rehabilitation program approved for such purpose by a Federal,State or local health,
voluntarily excluded from covered transactions by any Federal department of law enforcement,or other appropriate agency •
;
cY:
The subgrentee certifies that it will make a good faith effort to continue to maintain a
(b) Have not within a three-year period preceding this application been convicted drug-free workplace.
of or had a civil judgment rendered against them for commission of fraud or a • •
criminal offense in connection with obtaining,attempting to obtain,or performing a Organization Name and Address: •
public(Federal,State,or local)transaction or contract under a public transaction; Jim Suttle,Mayor
violation of Federal or State antitrust statutes or commission of embezzlement,
theft,forgery;bribery,falsification or destruction of records,making false Typed Name and Title of Authorized Representative
statements,or receiving stolen property, efri 5474r.
e/'/Jb
(c)Are not presently indicted for or otherwise criminally or civilly charged by a •
DiJe/
governmental entity(Federal,State,or local)with commission of any of the
offenses enumerated in paragraph(1)(b)of this certification;and
(d) Have not within a three-year period preceding this application had one or more
public transactions(Federal,State or local)terminated for cause or default;and
B. Where the applicant is unable to certify to any of the statements in this
certification,he or she shall attach an explanation to this application.
3. DRUG-FREE WORKPLACE(GRANTEES OTHER THAN
INDIVIUA1S)
•
The applicant certifies that it will or will continue to provide a drug-free workplace
by:
•
A. Publishing a statement notifying employees that the unlawful manufacture,
distribution,dispensing,possession,or use of a controlled substance is prohibited
August 6.2010 2010 ARRA Edward Byrne Justice Assistance Grant-Nebraska Crime Commission Page 26 of 26
Omaha Gun Violence Reduction Initiative
,
•
17. The City believes that it provided the benefits required to those individuals
entitled to a Uniform Allowance.
Further Affiant saith not.
Deb Sander
SUBSCRIBED AND SWORN to before me this p1% day of February, 2012.
STh aAta
Notary Public
GENERAL NOTARY-State of Nebra .
SHARON LONG
My Comm.Exp.December 22,2015
6
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•
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r .\
RRA Edward Byrne Justice Assistance Grant—Nebraska Crime Commission Page 9 of 26
Omaha Gun Violence Reduction Initiative
sistance Grant Revision—Nebraska Crime Commission Page 6 of 8
Grant#09DX9017-Omaha Gun Violence Reduction Initiative
iF the
Dowd Howard & Corrigan, LLC
Attorneys at Law
Thomas F. Dowd 1411 Harney Street,Suite 100 (402) 341-1020
*Michael P.Dowd Omaha,Nebraska 68102 FAX(402) 341-0254
Timothy S. Dowd (800) 341-7190
Steven H. Howard
John E.Corrigan
*Also licensed to practice in Iowa
June 23, 2009
Carol Ebdon, Finance Director
City of Omaha
1819 Farnam Street, Room 1004
Omaha,NE 68183
Re: Claim of Fire Apparatus Engineers, Fire Captains, EMS Shift Supervisors, Drill
Masters and Assistant Fire Marshals
Dear Ms. Ebdon:
Please be advised that pursuant to the provisions of Neb.Rev. Stat. §14-804(Reissue 2007),
the enclosed affidavit is submitted on behalf of the above-referenced class of employees of the
Omaha Fire Department that were paid and are being paid wage rates which are less than wage rates
amounts paid to employees who hold positions that are less senior in rank,grade and/or class by the
City of Omaha, in violation of Omaha Municipal Code §23-148. On behalf of said employees
represented by the Professional Firefighters Association of Omaha, Local 385 (sole and exclusive
bargaining agent), these employees are requesting an accounting of all wages due to them since
December 31,2007 as a result of the decision of the City implemented on May 22,2007 to pay this
class of employees retroactively and prospectively at wage rates inconsistent with their rights under
Omaha Municipal Code §23-148, covering the bargaining unit on or about December 23, 2008 to
date and all times thereafter while the City remains in violation of the rights of said employees.
It is my understanding that you will forward this claim to the City Attorney's office,and we
will be advised when the same has been disallowed or allowed by the City Council.
If the same are disallowed,we intend on filing an action under the Nebraska Wage Payment
and Collection Act in the District Court for the amount due, in addition to reasonable attorney fees
and costs associated with the action.
Very truly yours,
t
Min Ej' orrigan
JEC:mcm
cc: Steve LeClair, Union President
Order. The City has made payment and paid the required post judgment interest required by
Nebraska law.
The fourth claim is that the City failed to maintain four(4)personnel on each truck and engine unit
after entry of the CIR's Final Order on February 13,2009,and that the City should be responsible for
making payments to those individuals who should have had the opportunity to work. City believes
that any violations of the contract should have been raised and addressed at the time and that there is
no evidence of any violation of this provision.
The fifth claim alleges the violation of Article 49,Section 7,of the Collective Bargaining Agreement
that expired on December 29, 2007. The Union asserts that the City remains obligated to pay a
premium to persons temporarily assigned to a medic unit holding a paramedic certification and that
such employees are entitled to receive twenty dollars ($20) per work shift beginning on the third
consecutive full-duty shift. City believes that the Commission of Industrial Relations did away with
• violation of a criminal drug statute occurring in the workplace no later than five
2- DEBARMENT,SUSPENSION.AND OTHER RESPONSIBILITY calendar days after such conviction.
MATTERS(DIRECT RECIPIENT)
The subgrantee certifies that it will take one or more of the following actions within
As required by Executive Order 12549,Debarment and Suspension,and 30 calendar days of receiving notice of the conviction:
implemented at 28 CFR Part 67,for prospective participants in primary covered
transaction,as defined at 28 CFR Pan 67,Section 67.510- A. Taking appropriate personnel action against such an employee,up to and
including termination,consistent with the requirements of the Rehabilitation Act of
A. The applicant certifies that it and its principals: 1973,as amended;or
(a)Are not presently debarred,suspended,proposed for debarment,declared B. Requiring such employee to participate satisfactorily in a drug abuse assistance of
ineligible,sentenced to a denial of Federal benefits by a State of Federal court,or rehabilitation program approved for such purpose by a Federal,State or local health,
voluntarily excluded from covered transactions by any Federal department of law enforcement,or other appropriate agency •
;
cY:
The subgrentee certifies that it will make a good faith effort to continue to maintain a
(b) Have not within a three-year period preceding this application been convicted drug-free workplace.
of or had a civil judgment rendered against them for commission of fraud or a • •
criminal offense in connection with obtaining,attempting to obtain,or performing a Organization Name and Address: •
public(Federal,State,or local)transaction or contract under a public transaction; Jim Suttle,Mayor
violation of Federal or State antitrust statutes or commission of embezzlement,
theft,forgery;bribery,falsification or destruction of records,making false Typed Name and Title of Authorized Representative
statements,or receiving stolen property, efri 5474r.
e/'/Jb
(c)Are not presently indicted for or otherwise criminally or civilly charged by a •
DiJe/
governmental entity(Federal,State,or local)with commission of any of the
offenses enumerated in paragraph(1)(b)of this certification;and
(d) Have not within a three-year period preceding this application had one or more
public transactions(Federal,State or local)terminated for cause or default;and
B. Where the applicant is unable to certify to any of the statements in this
certification,he or she shall attach an explanation to this application.
3. DRUG-FREE WORKPLACE(GRANTEES OTHER THAN
INDIVIUA1S)
•
The applicant certifies that it will or will continue to provide a drug-free workplace
by:
•
A. Publishing a statement notifying employees that the unlawful manufacture,
distribution,dispensing,possession,or use of a controlled substance is prohibited
August 6.2010 2010 ARRA Edward Byrne Justice Assistance Grant-Nebraska Crime Commission Page 26 of 26
Omaha Gun Violence Reduction Initiative
•
BEFORE THE CITY COMPTROLLER OF THE CITY OF OMAHA
IN THE MATTER OF: )
)
THE WAGE CLAIMS FOR EMPLOYEES IN )
THE CLASS OF FIRE BARGAINING UNIT )
EMPLOYEES, BY AND THROUGH THE )
OMAHA PROFESSIONAL FIREFIGHTERS )
ASSOCIATION LOCAL 385, AFL-CIO ) AFFIDAVIT OF STEVEN LeCLAIR
)
Plaintiff, )
)
v. )
)
CITY OF OMAHA, )
)
Defendant. )
STATE OF NEBRASKA )
) ss.
COUNTY OF DOUGLAS )
COMES NOW your Affiant,being first duly sworn upon oath,deposes and states as follows:
1. That your Affiant is the duly elected President of the Omaha Professional Firefighters
Association Local 385, which is the exclusive collective bargaining representative for a unit of
firefighters holding the rank of Firefighter, Fire Apparatus Engineer, Fire Captain, Drill Master,
Paramedic Shift Supervisor, Assistant Fire Marshal and Battalion Chief.
2. That an industrial dispute existed between the fire union bargaining unit and the City
of Omaha concerning wages, hours, terms and conditions of employment for the contract year of
December 31,2007 through December 31,2008,resulting in the Commission of Industrial Relations
issuing its Findings and Orders in Case No. 1173 on or about December 23,2008,and a Final Order
on February 13,2009.
3. That the above referenced orders of the Commission of Industrial Relations require
that bargaining unit employees be placed in their appropriate new pay plans for which they are
qualified based on"time in service"and"satisfactory performance". That attached hereto,marked
will be advised when the same has been disallowed or allowed by the City Council.
If the same are disallowed,we intend on filing an action under the Nebraska Wage Payment
and Collection Act in the District Court for the amount due, in addition to reasonable attorney fees
and costs associated with the action.
Very truly yours,
t
Min Ej' orrigan
JEC:mcm
cc: Steve LeClair, Union President
Order. The City has made payment and paid the required post judgment interest required by
Nebraska law.
The fourth claim is that the City failed to maintain four(4)personnel on each truck and engine unit
after entry of the CIR's Final Order on February 13,2009,and that the City should be responsible for
making payments to those individuals who should have had the opportunity to work. City believes
that any violations of the contract should have been raised and addressed at the time and that there is
no evidence of any violation of this provision.
The fifth claim alleges the violation of Article 49,Section 7,of the Collective Bargaining Agreement
that expired on December 29, 2007. The Union asserts that the City remains obligated to pay a
premium to persons temporarily assigned to a medic unit holding a paramedic certification and that
such employees are entitled to receive twenty dollars ($20) per work shift beginning on the third
consecutive full-duty shift. City believes that the Commission of Industrial Relations did away with
• violation of a criminal drug statute occurring in the workplace no later than five
2- DEBARMENT,SUSPENSION.AND OTHER RESPONSIBILITY calendar days after such conviction.
MATTERS(DIRECT RECIPIENT)
The subgrantee certifies that it will take one or more of the following actions within
As required by Executive Order 12549,Debarment and Suspension,and 30 calendar days of receiving notice of the conviction:
implemented at 28 CFR Part 67,for prospective participants in primary covered
transaction,as defined at 28 CFR Pan 67,Section 67.510- A. Taking appropriate personnel action against such an employee,up to and
including termination,consistent with the requirements of the Rehabilitation Act of
A. The applicant certifies that it and its principals: 1973,as amended;or
(a)Are not presently debarred,suspended,proposed for debarment,declared B. Requiring such employee to participate satisfactorily in a drug abuse assistance of
ineligible,sentenced to a denial of Federal benefits by a State of Federal court,or rehabilitation program approved for such purpose by a Federal,State or local health,
voluntarily excluded from covered transactions by any Federal department of law enforcement,or other appropriate agency •
;
cY:
The subgrentee certifies that it will make a good faith effort to continue to maintain a
(b) Have not within a three-year period preceding this application been convicted drug-free workplace.
of or had a civil judgment rendered against them for commission of fraud or a • •
criminal offense in connection with obtaining,attempting to obtain,or performing a Organization Name and Address: •
public(Federal,State,or local)transaction or contract under a public transaction; Jim Suttle,Mayor
violation of Federal or State antitrust statutes or commission of embezzlement,
theft,forgery;bribery,falsification or destruction of records,making false Typed Name and Title of Authorized Representative
statements,or receiving stolen property, efri 5474r.
e/'/Jb
(c)Are not presently indicted for or otherwise criminally or civilly charged by a •
DiJe/
governmental entity(Federal,State,or local)with commission of any of the
offenses enumerated in paragraph(1)(b)of this certification;and
(d) Have not within a three-year period preceding this application had one or more
public transactions(Federal,State or local)terminated for cause or default;and
B. Where the applicant is unable to certify to any of the statements in this
certification,he or she shall attach an explanation to this application.
3. DRUG-FREE WORKPLACE(GRANTEES OTHER THAN
INDIVIUA1S)
•
The applicant certifies that it will or will continue to provide a drug-free workplace
by:
•
A. Publishing a statement notifying employees that the unlawful manufacture,
distribution,dispensing,possession,or use of a controlled substance is prohibited
August 6.2010 2010 ARRA Edward Byrne Justice Assistance Grant-Nebraska Crime Commission Page 26 of 26
Omaha Gun Violence Reduction Initiative
Exhibit"A", and by this reference made a part hereof, is a list of employees within the bargaining
unit holding the ranks of Firefighter, FAE, Captain, Drill Master, Paramedic Shift Supervisor,
Assistant Fire Marshal and Battalion Chief who have been adversely affected by the conduct of the
City in implementing its interpretation of the Orders of the Commission. The Union hereby makes
claim for money due and owing to those employees listed in Exhibit"A"who have been placed in
the applicable pay plan by the City in a step that compensates those employees at a rate that is less
than compensation paid to other employees in the Fire Department who hold positions less senior
in rank, class or grade than those employees so listed and holding the ranks of FAE, Captain, Drill
Master,Paramedic Shift Supervisor,Assistant Fire Marshal and Battalion Chief,in violation of the
rights of said employees provided for and required by the terms set forth in Omaha Municipal Code
§23-148.
4. Furthermore, all employees represented by bargaining unit are or may be eligible to
work "call in" or "callback" overtime pay based on availability and pursuant to the terms of the
collective agreement covering terms and conditions employment unchanged by the Commission in
this regard.
5. As a component of the Nebraska Commission of Industrial Relations Findings and
Orders in Case No. 1173,the Commission ordered that certain fringe benefits received by the Omaha
Firefighters would remain unchanged because they were comparable to those received by the
firefighters in the array, which included unit staffing requirements that required engine companies
and truck companies that were assigned and in service to have four staff members at all times.
Despite this prevalent practice, the Defendant failed to staff all truck companies and engine
companies in service with a complement of four persons from December 31,2007 to December 31,
2008. That under the terms of the Commission's order, which are final and binding in Case No.
1173,the City had and continues to have an obligation to staff engine companies that were and are
2
C:mcm
cc: Steve LeClair, Union President
Order. The City has made payment and paid the required post judgment interest required by
Nebraska law.
The fourth claim is that the City failed to maintain four(4)personnel on each truck and engine unit
after entry of the CIR's Final Order on February 13,2009,and that the City should be responsible for
making payments to those individuals who should have had the opportunity to work. City believes
that any violations of the contract should have been raised and addressed at the time and that there is
no evidence of any violation of this provision.
The fifth claim alleges the violation of Article 49,Section 7,of the Collective Bargaining Agreement
that expired on December 29, 2007. The Union asserts that the City remains obligated to pay a
premium to persons temporarily assigned to a medic unit holding a paramedic certification and that
such employees are entitled to receive twenty dollars ($20) per work shift beginning on the third
consecutive full-duty shift. City believes that the Commission of Industrial Relations did away with
• violation of a criminal drug statute occurring in the workplace no later than five
2- DEBARMENT,SUSPENSION.AND OTHER RESPONSIBILITY calendar days after such conviction.
MATTERS(DIRECT RECIPIENT)
The subgrantee certifies that it will take one or more of the following actions within
As required by Executive Order 12549,Debarment and Suspension,and 30 calendar days of receiving notice of the conviction:
implemented at 28 CFR Part 67,for prospective participants in primary covered
transaction,as defined at 28 CFR Pan 67,Section 67.510- A. Taking appropriate personnel action against such an employee,up to and
including termination,consistent with the requirements of the Rehabilitation Act of
A. The applicant certifies that it and its principals: 1973,as amended;or
(a)Are not presently debarred,suspended,proposed for debarment,declared B. Requiring such employee to participate satisfactorily in a drug abuse assistance of
ineligible,sentenced to a denial of Federal benefits by a State of Federal court,or rehabilitation program approved for such purpose by a Federal,State or local health,
voluntarily excluded from covered transactions by any Federal department of law enforcement,or other appropriate agency •
;
cY:
The subgrentee certifies that it will make a good faith effort to continue to maintain a
(b) Have not within a three-year period preceding this application been convicted drug-free workplace.
of or had a civil judgment rendered against them for commission of fraud or a • •
criminal offense in connection with obtaining,attempting to obtain,or performing a Organization Name and Address: •
public(Federal,State,or local)transaction or contract under a public transaction; Jim Suttle,Mayor
violation of Federal or State antitrust statutes or commission of embezzlement,
theft,forgery;bribery,falsification or destruction of records,making false Typed Name and Title of Authorized Representative
statements,or receiving stolen property, efri 5474r.
e/'/Jb
(c)Are not presently indicted for or otherwise criminally or civilly charged by a •
DiJe/
governmental entity(Federal,State,or local)with commission of any of the
offenses enumerated in paragraph(1)(b)of this certification;and
(d) Have not within a three-year period preceding this application had one or more
public transactions(Federal,State or local)terminated for cause or default;and
B. Where the applicant is unable to certify to any of the statements in this
certification,he or she shall attach an explanation to this application.
3. DRUG-FREE WORKPLACE(GRANTEES OTHER THAN
INDIVIUA1S)
•
The applicant certifies that it will or will continue to provide a drug-free workplace
by:
•
A. Publishing a statement notifying employees that the unlawful manufacture,
distribution,dispensing,possession,or use of a controlled substance is prohibited
August 6.2010 2010 ARRA Edward Byrne Justice Assistance Grant-Nebraska Crime Commission Page 26 of 26
Omaha Gun Violence Reduction Initiative
in service with four members at all times,and the Defendant's failure to comply with this obligation
creates a class of employees who were improperly denied the ability to be called into work to staff
understaffed fire apparatus during their normally scheduled time off to fill vacancies on engine
companies and truck companies that existed during the contract year in dispute. Despite the
obligation to staff all engine and truck companies with four persons assigned and in service, the
Defendant has failed to compensate employees for this lost opportunity to work these shifts on a
callback basis,and has continued to operate covered apparatus with fewer than four persons assigned
and in service.On behalf of that class of employees constituted by those individuals listed in Exhibit
"A"who were on the applicable call back list and were available to work vacancies created by the
failure to staff engines and truck companies during and after the year in dispute before the
Commission of Industrial Relations, the Union hereby makes claim pursuant to Neb. Rev. Stat.
§14-804.
6. That upon its implementation of the CIR's order, the City has either refused to
implement or erroneously implemented several conditions of the Commission's order,which have
created economic harm and loss to the class of claimants represented by the Omaha Professional
Firefighters Association Local 385 as follows:
a. The Commission ordered that adjustments in compensation resulting from the
wages and terms and conditions of employment set forth in the CIR's order were to
be paid in a single lump sum payable within 90 days of that order dated February 13,
2009. To date,the City has failed to make all adjustments in compensation and back
pay to employees so entitled;
b. That with respect to the Commission's finding that the prevalent market
practice required the City to maintain four assigned and staffed personnel on each
truck and engine unit, the City is failing to follow the Commission's order and
3
l and binding in Case No.
1173,the City had and continues to have an obligation to staff engine companies that were and are
2
C:mcm
cc: Steve LeClair, Union President
Order. The City has made payment and paid the required post judgment interest required by
Nebraska law.
The fourth claim is that the City failed to maintain four(4)personnel on each truck and engine unit
after entry of the CIR's Final Order on February 13,2009,and that the City should be responsible for
making payments to those individuals who should have had the opportunity to work. City believes
that any violations of the contract should have been raised and addressed at the time and that there is
no evidence of any violation of this provision.
The fifth claim alleges the violation of Article 49,Section 7,of the Collective Bargaining Agreement
that expired on December 29, 2007. The Union asserts that the City remains obligated to pay a
premium to persons temporarily assigned to a medic unit holding a paramedic certification and that
such employees are entitled to receive twenty dollars ($20) per work shift beginning on the third
consecutive full-duty shift. City believes that the Commission of Industrial Relations did away with
• violation of a criminal drug statute occurring in the workplace no later than five
2- DEBARMENT,SUSPENSION.AND OTHER RESPONSIBILITY calendar days after such conviction.
MATTERS(DIRECT RECIPIENT)
The subgrantee certifies that it will take one or more of the following actions within
As required by Executive Order 12549,Debarment and Suspension,and 30 calendar days of receiving notice of the conviction:
implemented at 28 CFR Part 67,for prospective participants in primary covered
transaction,as defined at 28 CFR Pan 67,Section 67.510- A. Taking appropriate personnel action against such an employee,up to and
including termination,consistent with the requirements of the Rehabilitation Act of
A. The applicant certifies that it and its principals: 1973,as amended;or
(a)Are not presently debarred,suspended,proposed for debarment,declared B. Requiring such employee to participate satisfactorily in a drug abuse assistance of
ineligible,sentenced to a denial of Federal benefits by a State of Federal court,or rehabilitation program approved for such purpose by a Federal,State or local health,
voluntarily excluded from covered transactions by any Federal department of law enforcement,or other appropriate agency •
;
cY:
The subgrentee certifies that it will make a good faith effort to continue to maintain a
(b) Have not within a three-year period preceding this application been convicted drug-free workplace.
of or had a civil judgment rendered against them for commission of fraud or a • •
criminal offense in connection with obtaining,attempting to obtain,or performing a Organization Name and Address: •
public(Federal,State,or local)transaction or contract under a public transaction; Jim Suttle,Mayor
violation of Federal or State antitrust statutes or commission of embezzlement,
theft,forgery;bribery,falsification or destruction of records,making false Typed Name and Title of Authorized Representative
statements,or receiving stolen property, efri 5474r.
e/'/Jb
(c)Are not presently indicted for or otherwise criminally or civilly charged by a •
DiJe/
governmental entity(Federal,State,or local)with commission of any of the
offenses enumerated in paragraph(1)(b)of this certification;and
(d) Have not within a three-year period preceding this application had one or more
public transactions(Federal,State or local)terminated for cause or default;and
B. Where the applicant is unable to certify to any of the statements in this
certification,he or she shall attach an explanation to this application.
3. DRUG-FREE WORKPLACE(GRANTEES OTHER THAN
INDIVIUA1S)
•
The applicant certifies that it will or will continue to provide a drug-free workplace
by:
•
A. Publishing a statement notifying employees that the unlawful manufacture,
distribution,dispensing,possession,or use of a controlled substance is prohibited
August 6.2010 2010 ARRA Edward Byrne Justice Assistance Grant-Nebraska Crime Commission Page 26 of 26
Omaha Gun Violence Reduction Initiative
continues to run truck and engine units with less than four individuals assigned to
those units and in service on those units in contempt of the Commission's order, in
violation of the rights of the claimants represented by the Omaha Professional
Firefighters Association Local 385;
c. The Commission did not issue a ruling affecting paramedic shift assignment
pay,the City has discontinued this provision provided for pursuant to the collective
bargaining agreement in place at the time that the parties were before the
Commission in contract year 2008. Pursuant to Article 49, Section 7 of that
agreement,the City was and remains obligated to pay a premium to persons holding
a paramedic certification who are temporarily assigned to work in an assignment on
a medic unit other than that apparatus to which the employee is normally assigned.
In such cases, the employee is to received $20.00 per work shift, beginning on the
third consecutive full duty shift the employee is assigned to a medic unit other than
the unit for which he or she is normally assigned.The City's conduct in discontinuing
this pay provision is in violation of the rights of the class of claimants represented by
the Omaha Professional Firefighters Association Local 385, and for which claim is
hereby made.
d. The Commission did not issue a ruling affecting compensation paid to any
certified paramedic permanently assigned to a medic unit when that paramedic is the
only paramedic assigned to the medic unit. The collective bargaining agreement in
place prior to the contract year in dispute decided by the Commission required the
City to pay any paramedic so situated$200.00 a month, in addition to specialty pay
paid to certified paramedic employees who were assigned to the medic unit. The
Defendants have eliminated this compensation practice, but no authority has been
4
ed personnel on each
truck and engine unit, the City is failing to follow the Commission's order and
3
l and binding in Case No.
1173,the City had and continues to have an obligation to staff engine companies that were and are
2
C:mcm
cc: Steve LeClair, Union President
Order. The City has made payment and paid the required post judgment interest required by
Nebraska law.
The fourth claim is that the City failed to maintain four(4)personnel on each truck and engine unit
after entry of the CIR's Final Order on February 13,2009,and that the City should be responsible for
making payments to those individuals who should have had the opportunity to work. City believes
that any violations of the contract should have been raised and addressed at the time and that there is
no evidence of any violation of this provision.
The fifth claim alleges the violation of Article 49,Section 7,of the Collective Bargaining Agreement
that expired on December 29, 2007. The Union asserts that the City remains obligated to pay a
premium to persons temporarily assigned to a medic unit holding a paramedic certification and that
such employees are entitled to receive twenty dollars ($20) per work shift beginning on the third
consecutive full-duty shift. City believes that the Commission of Industrial Relations did away with
• violation of a criminal drug statute occurring in the workplace no later than five
2- DEBARMENT,SUSPENSION.AND OTHER RESPONSIBILITY calendar days after such conviction.
MATTERS(DIRECT RECIPIENT)
The subgrantee certifies that it will take one or more of the following actions within
As required by Executive Order 12549,Debarment and Suspension,and 30 calendar days of receiving notice of the conviction:
implemented at 28 CFR Part 67,for prospective participants in primary covered
transaction,as defined at 28 CFR Pan 67,Section 67.510- A. Taking appropriate personnel action against such an employee,up to and
including termination,consistent with the requirements of the Rehabilitation Act of
A. The applicant certifies that it and its principals: 1973,as amended;or
(a)Are not presently debarred,suspended,proposed for debarment,declared B. Requiring such employee to participate satisfactorily in a drug abuse assistance of
ineligible,sentenced to a denial of Federal benefits by a State of Federal court,or rehabilitation program approved for such purpose by a Federal,State or local health,
voluntarily excluded from covered transactions by any Federal department of law enforcement,or other appropriate agency •
;
cY:
The subgrentee certifies that it will make a good faith effort to continue to maintain a
(b) Have not within a three-year period preceding this application been convicted drug-free workplace.
of or had a civil judgment rendered against them for commission of fraud or a • •
criminal offense in connection with obtaining,attempting to obtain,or performing a Organization Name and Address: •
public(Federal,State,or local)transaction or contract under a public transaction; Jim Suttle,Mayor
violation of Federal or State antitrust statutes or commission of embezzlement,
theft,forgery;bribery,falsification or destruction of records,making false Typed Name and Title of Authorized Representative
statements,or receiving stolen property, efri 5474r.
e/'/Jb
(c)Are not presently indicted for or otherwise criminally or civilly charged by a •
DiJe/
governmental entity(Federal,State,or local)with commission of any of the
offenses enumerated in paragraph(1)(b)of this certification;and
(d) Have not within a three-year period preceding this application had one or more
public transactions(Federal,State or local)terminated for cause or default;and
B. Where the applicant is unable to certify to any of the statements in this
certification,he or she shall attach an explanation to this application.
3. DRUG-FREE WORKPLACE(GRANTEES OTHER THAN
INDIVIUA1S)
•
The applicant certifies that it will or will continue to provide a drug-free workplace
by:
•
A. Publishing a statement notifying employees that the unlawful manufacture,
distribution,dispensing,possession,or use of a controlled substance is prohibited
August 6.2010 2010 ARRA Edward Byrne Justice Assistance Grant-Nebraska Crime Commission Page 26 of 26
Omaha Gun Violence Reduction Initiative
given to the Defendant to take such action, and this act places the Defendant in
contempt of the Commission's order and creates claims forr back pay on behalf of the
class of claimants represented by the Omaha Professional Firefighters Association
Local 385, and claim is hereby made;
e. The Commission ordered that a specialty pay be paid to those employees who
are hazmat certified but not assigned to a designated hazmat unit, as that was the
prevalent practice within the array of comparable employers. The City has
unilaterally,and in contempt of the Commission's order,decided only to pay"hazmat
unassigned"specialty pay to individuals who possess qualifications in excess of the
hazmat certification,in direct conflict with the Commission's order set forth in Table
33 of the order. The effect of the Commission's order in this regard is that"hazmat
unassigned"pay is applicable to all employees who possess hazmat certification.The
Defendant is in violation of the clear language of the order by limiting this
compensation to employees who possess other non-comparable certified skills,
including high angle rescue, trench rescue, confined space, and rapid intervention
crew certification.This erroneous implementation of the Commission's order creates
a claim on behalf of adversely affected employees represented by the Omaha
Professional Firefighters Association Local 385, and said claim is hereby made on
their behalf.
f. With respect to specialty pay for certified paramedics,the Commission
ordered that those bargaining unit members who are certified paramedics and are not
assigned to a medic unit are to receive specialty pay equal to 7%of that employee's
base pay,pursuant to Table 33. The Defendant has failed to pay such compensation
to certified paramedics who hold such certification but are employed in the Battalion
5
4
ed personnel on each
truck and engine unit, the City is failing to follow the Commission's order and
3
l and binding in Case No.
1173,the City had and continues to have an obligation to staff engine companies that were and are
2
C:mcm
cc: Steve LeClair, Union President
Order. The City has made payment and paid the required post judgment interest required by
Nebraska law.
The fourth claim is that the City failed to maintain four(4)personnel on each truck and engine unit
after entry of the CIR's Final Order on February 13,2009,and that the City should be responsible for
making payments to those individuals who should have had the opportunity to work. City believes
that any violations of the contract should have been raised and addressed at the time and that there is
no evidence of any violation of this provision.
The fifth claim alleges the violation of Article 49,Section 7,of the Collective Bargaining Agreement
that expired on December 29, 2007. The Union asserts that the City remains obligated to pay a
premium to persons temporarily assigned to a medic unit holding a paramedic certification and that
such employees are entitled to receive twenty dollars ($20) per work shift beginning on the third
consecutive full-duty shift. City believes that the Commission of Industrial Relations did away with
• violation of a criminal drug statute occurring in the workplace no later than five
2- DEBARMENT,SUSPENSION.AND OTHER RESPONSIBILITY calendar days after such conviction.
MATTERS(DIRECT RECIPIENT)
The subgrantee certifies that it will take one or more of the following actions within
As required by Executive Order 12549,Debarment and Suspension,and 30 calendar days of receiving notice of the conviction:
implemented at 28 CFR Part 67,for prospective participants in primary covered
transaction,as defined at 28 CFR Pan 67,Section 67.510- A. Taking appropriate personnel action against such an employee,up to and
including termination,consistent with the requirements of the Rehabilitation Act of
A. The applicant certifies that it and its principals: 1973,as amended;or
(a)Are not presently debarred,suspended,proposed for debarment,declared B. Requiring such employee to participate satisfactorily in a drug abuse assistance of
ineligible,sentenced to a denial of Federal benefits by a State of Federal court,or rehabilitation program approved for such purpose by a Federal,State or local health,
voluntarily excluded from covered transactions by any Federal department of law enforcement,or other appropriate agency •
;
cY:
The subgrentee certifies that it will make a good faith effort to continue to maintain a
(b) Have not within a three-year period preceding this application been convicted drug-free workplace.
of or had a civil judgment rendered against them for commission of fraud or a • •
criminal offense in connection with obtaining,attempting to obtain,or performing a Organization Name and Address: •
public(Federal,State,or local)transaction or contract under a public transaction; Jim Suttle,Mayor
violation of Federal or State antitrust statutes or commission of embezzlement,
theft,forgery;bribery,falsification or destruction of records,making false Typed Name and Title of Authorized Representative
statements,or receiving stolen property, efri 5474r.
e/'/Jb
(c)Are not presently indicted for or otherwise criminally or civilly charged by a •
DiJe/
governmental entity(Federal,State,or local)with commission of any of the
offenses enumerated in paragraph(1)(b)of this certification;and
(d) Have not within a three-year period preceding this application had one or more
public transactions(Federal,State or local)terminated for cause or default;and
B. Where the applicant is unable to certify to any of the statements in this
certification,he or she shall attach an explanation to this application.
3. DRUG-FREE WORKPLACE(GRANTEES OTHER THAN
INDIVIUA1S)
•
The applicant certifies that it will or will continue to provide a drug-free workplace
by:
•
A. Publishing a statement notifying employees that the unlawful manufacture,
distribution,dispensing,possession,or use of a controlled substance is prohibited
August 6.2010 2010 ARRA Edward Byrne Justice Assistance Grant-Nebraska Crime Commission Page 26 of 26
Omaha Gun Violence Reduction Initiative
Chief rank. On behalf of the adversely affected employees in this rank as a result of
this erroneous practice on the part of the City, claims for back pay are hereby made
by the bargaining agent for those adversely affected individuals.
7. An accounting is required for the payment of all sums for which claimants have been
underpaid by virtue of their entitlements under the Commission's order or under Omaha Municipal
Code §23-148 as set forth above, and the City should be required to make payment of all sums due
and owing to the claimants as identified herein. The personnel and payroll records necessary to
conduct the required accounting are uniquely within the possession of the City of Omaha.
8. The City's failure to compensate such claimants,in violation of the City's obligation
to do so as set forth above,constitutes a violation of the Nebraska Wage Payment&Collections Act,
Neb.Rev. Stat. §48-1228,et seq.and more than thirty(30)days have elapsed since those employees
were entitled to payment under their applicable pay plans and specialty pay provisions pursuant to
the Commission's order and under the employee's rights under Omaha Municipal Code §23-148,
which would entitle them to an award of attorney fees of not less than 25% of the unpaid wages,
pursuant to Neb. Rev. Stat. §48-1231 (Reissue 1998).
FURTHER YOUR FFIANT SAYETH NOT.
DATED this2,3r4
day of June, 2009.
AjekAe.g7 1
Steven LeClair
1?^Y4-
SUBSCRIBED AND SWORN TO before me this Gt) day of June, 2009.
j ICI(///'
r: GENERAL NOTARY•State of Nebraska Notary Public
MOLLY C.MURPHY
' ' My Comm.Exp.Feb.27,2012
6
failed to pay such compensation
to certified paramedics who hold such certification but are employed in the Battalion
5
4
ed personnel on each
truck and engine unit, the City is failing to follow the Commission's order and
3
l and binding in Case No.
1173,the City had and continues to have an obligation to staff engine companies that were and are
2
C:mcm
cc: Steve LeClair, Union President
Order. The City has made payment and paid the required post judgment interest required by
Nebraska law.
The fourth claim is that the City failed to maintain four(4)personnel on each truck and engine unit
after entry of the CIR's Final Order on February 13,2009,and that the City should be responsible for
making payments to those individuals who should have had the opportunity to work. City believes
that any violations of the contract should have been raised and addressed at the time and that there is
no evidence of any violation of this provision.
The fifth claim alleges the violation of Article 49,Section 7,of the Collective Bargaining Agreement
that expired on December 29, 2007. The Union asserts that the City remains obligated to pay a
premium to persons temporarily assigned to a medic unit holding a paramedic certification and that
such employees are entitled to receive twenty dollars ($20) per work shift beginning on the third
consecutive full-duty shift. City believes that the Commission of Industrial Relations did away with
• violation of a criminal drug statute occurring in the workplace no later than five
2- DEBARMENT,SUSPENSION.AND OTHER RESPONSIBILITY calendar days after such conviction.
MATTERS(DIRECT RECIPIENT)
The subgrantee certifies that it will take one or more of the following actions within
As required by Executive Order 12549,Debarment and Suspension,and 30 calendar days of receiving notice of the conviction:
implemented at 28 CFR Part 67,for prospective participants in primary covered
transaction,as defined at 28 CFR Pan 67,Section 67.510- A. Taking appropriate personnel action against such an employee,up to and
including termination,consistent with the requirements of the Rehabilitation Act of
A. The applicant certifies that it and its principals: 1973,as amended;or
(a)Are not presently debarred,suspended,proposed for debarment,declared B. Requiring such employee to participate satisfactorily in a drug abuse assistance of
ineligible,sentenced to a denial of Federal benefits by a State of Federal court,or rehabilitation program approved for such purpose by a Federal,State or local health,
voluntarily excluded from covered transactions by any Federal department of law enforcement,or other appropriate agency •
;
cY:
The subgrentee certifies that it will make a good faith effort to continue to maintain a
(b) Have not within a three-year period preceding this application been convicted drug-free workplace.
of or had a civil judgment rendered against them for commission of fraud or a • •
criminal offense in connection with obtaining,attempting to obtain,or performing a Organization Name and Address: •
public(Federal,State,or local)transaction or contract under a public transaction; Jim Suttle,Mayor
violation of Federal or State antitrust statutes or commission of embezzlement,
theft,forgery;bribery,falsification or destruction of records,making false Typed Name and Title of Authorized Representative
statements,or receiving stolen property, efri 5474r.
e/'/Jb
(c)Are not presently indicted for or otherwise criminally or civilly charged by a •
DiJe/
governmental entity(Federal,State,or local)with commission of any of the
offenses enumerated in paragraph(1)(b)of this certification;and
(d) Have not within a three-year period preceding this application had one or more
public transactions(Federal,State or local)terminated for cause or default;and
B. Where the applicant is unable to certify to any of the statements in this
certification,he or she shall attach an explanation to this application.
3. DRUG-FREE WORKPLACE(GRANTEES OTHER THAN
INDIVIUA1S)
•
The applicant certifies that it will or will continue to provide a drug-free workplace
by:
•
A. Publishing a statement notifying employees that the unlawful manufacture,
distribution,dispensing,possession,or use of a controlled substance is prohibited
August 6.2010 2010 ARRA Edward Byrne Justice Assistance Grant-Nebraska Crime Commission Page 26 of 26
Omaha Gun Violence Reduction Initiative
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an employee,up to and
including termination,consistent with the requirements of the Rehabilitation Act of
A. The applicant certifies that it and its principals: 1973,as amended;or
(a)Are not presently debarred,suspended,proposed for debarment,declared B. Requiring such employee to participate satisfactorily in a drug abuse assistance of
ineligible,sentenced to a denial of Federal benefits by a State of Federal court,or rehabilitation program approved for such purpose by a Federal,State or local health,
voluntarily excluded from covered transactions by any Federal department of law enforcement,or other appropriate agency •
;
cY:
The subgrentee certifies that it will make a good faith effort to continue to maintain a
(b) Have not within a three-year period preceding this application been convicted drug-free workplace.
of or had a civil judgment rendered against them for commission of fraud or a • •
criminal offense in connection with obtaining,attempting to obtain,or performing a Organization Name and Address: •
public(Federal,State,or local)transaction or contract under a public transaction; Jim Suttle,Mayor
violation of Federal or State antitrust statutes or commission of embezzlement,
theft,forgery;bribery,falsification or destruction of records,making false Typed Name and Title of Authorized Representative
statements,or receiving stolen property, efri 5474r.
e/'/Jb
(c)Are not presently indicted for or otherwise criminally or civilly charged by a •
DiJe/
governmental entity(Federal,State,or local)with commission of any of the
offenses enumerated in paragraph(1)(b)of this certification;and
(d) Have not within a three-year period preceding this application had one or more
public transactions(Federal,State or local)terminated for cause or default;and
B. Where the applicant is unable to certify to any of the statements in this
certification,he or she shall attach an explanation to this application.
3. DRUG-FREE WORKPLACE(GRANTEES OTHER THAN
INDIVIUA1S)
•
The applicant certifies that it will or will continue to provide a drug-free workplace
by:
•
A. Publishing a statement notifying employees that the unlawful manufacture,
distribution,dispensing,possession,or use of a controlled substance is prohibited
August 6.2010 2010 ARRA Edward Byrne Justice Assistance Grant-Nebraska Crime Commission Page 26 of 26
Omaha Gun Violence Reduction Initiative
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State of Federal court,or rehabilitation program approved for such purpose by a Federal,State or local health,
voluntarily excluded from covered transactions by any Federal department of law enforcement,or other appropriate agency •
;
cY:
The subgrentee certifies that it will make a good faith effort to continue to maintain a
(b) Have not within a three-year period preceding this application been convicted drug-free workplace.
of or had a civil judgment rendered against them for commission of fraud or a • •
criminal offense in connection with obtaining,attempting to obtain,or performing a Organization Name and Address: •
public(Federal,State,or local)transaction or contract under a public transaction; Jim Suttle,Mayor
violation of Federal or State antitrust statutes or commission of embezzlement,
theft,forgery;bribery,falsification or destruction of records,making false Typed Name and Title of Authorized Representative
statements,or receiving stolen property, efri 5474r.
e/'/Jb
(c)Are not presently indicted for or otherwise criminally or civilly charged by a •
DiJe/
governmental entity(Federal,State,or local)with commission of any of the
offenses enumerated in paragraph(1)(b)of this certification;and
(d) Have not within a three-year period preceding this application had one or more
public transactions(Federal,State or local)terminated for cause or default;and
B. Where the applicant is unable to certify to any of the statements in this
certification,he or she shall attach an explanation to this application.
3. DRUG-FREE WORKPLACE(GRANTEES OTHER THAN
INDIVIUA1S)
•
The applicant certifies that it will or will continue to provide a drug-free workplace
by:
•
A. Publishing a statement notifying employees that the unlawful manufacture,
distribution,dispensing,possession,or use of a controlled substance is prohibited
August 6.2010 2010 ARRA Edward Byrne Justice Assistance Grant-Nebraska Crime Commission Page 26 of 26
Omaha Gun Violence Reduction Initiative
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of or had a civil judgment rendered against them for commission of fraud or a • •
criminal offense in connection with obtaining,attempting to obtain,or performing a Organization Name and Address: •
public(Federal,State,or local)transaction or contract under a public transaction; Jim Suttle,Mayor
violation of Federal or State antitrust statutes or commission of embezzlement,
theft,forgery;bribery,falsification or destruction of records,making false Typed Name and Title of Authorized Representative
statements,or receiving stolen property, efri 5474r.
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governmental entity(Federal,State,or local)with commission of any of the
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public transactions(Federal,State or local)terminated for cause or default;and
B. Where the applicant is unable to certify to any of the statements in this
certification,he or she shall attach an explanation to this application.
3. DRUG-FREE WORKPLACE(GRANTEES OTHER THAN
INDIVIUA1S)
•
The applicant certifies that it will or will continue to provide a drug-free workplace
by:
•
A. Publishing a statement notifying employees that the unlawful manufacture,
distribution,dispensing,possession,or use of a controlled substance is prohibited
August 6.2010 2010 ARRA Edward Byrne Justice Assistance Grant-Nebraska Crime Commission Page 26 of 26
Omaha Gun Violence Reduction Initiative
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make a good faith effort to continue to maintain a
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of or had a civil judgment rendered against them for commission of fraud or a • •
criminal offense in connection with obtaining,attempting to obtain,or performing a Organization Name and Address: •
public(Federal,State,or local)transaction or contract under a public transaction; Jim Suttle,Mayor
violation of Federal or State antitrust statutes or commission of embezzlement,
theft,forgery;bribery,falsification or destruction of records,making false Typed Name and Title of Authorized Representative
statements,or receiving stolen property, efri 5474r.
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public transactions(Federal,State or local)terminated for cause or default;and
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certification,he or she shall attach an explanation to this application.
3. DRUG-FREE WORKPLACE(GRANTEES OTHER THAN
INDIVIUA1S)
•
The applicant certifies that it will or will continue to provide a drug-free workplace
by:
•
A. Publishing a statement notifying employees that the unlawful manufacture,
distribution,dispensing,possession,or use of a controlled substance is prohibited
August 6.2010 2010 ARRA Edward Byrne Justice Assistance Grant-Nebraska Crime Commission Page 26 of 26
Omaha Gun Violence Reduction Initiative
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of or had a civil judgment rendered against them for commission of fraud or a • •
criminal offense in connection with obtaining,attempting to obtain,or performing a Organization Name and Address: •
public(Federal,State,or local)transaction or contract under a public transaction; Jim Suttle,Mayor
violation of Federal or State antitrust statutes or commission of embezzlement,
theft,forgery;bribery,falsification or destruction of records,making false Typed Name and Title of Authorized Representative
statements,or receiving stolen property, efri 5474r.
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offenses enumerated in paragraph(1)(b)of this certification;and
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public transactions(Federal,State or local)terminated for cause or default;and
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certification,he or she shall attach an explanation to this application.
3. DRUG-FREE WORKPLACE(GRANTEES OTHER THAN
INDIVIUA1S)
•
The applicant certifies that it will or will continue to provide a drug-free workplace
by:
•
A. Publishing a statement notifying employees that the unlawful manufacture,
distribution,dispensing,possession,or use of a controlled substance is prohibited
August 6.2010 2010 ARRA Edward Byrne Justice Assistance Grant-Nebraska Crime Commission Page 26 of 26
Omaha Gun Violence Reduction Initiative
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criminal offense in connection with obtaining,attempting to obtain,or performing a Organization Name and Address: •
public(Federal,State,or local)transaction or contract under a public transaction; Jim Suttle,Mayor
violation of Federal or State antitrust statutes or commission of embezzlement,
theft,forgery;bribery,falsification or destruction of records,making false Typed Name and Title of Authorized Representative
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offenses enumerated in paragraph(1)(b)of this certification;and
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public transactions(Federal,State or local)terminated for cause or default;and
B. Where the applicant is unable to certify to any of the statements in this
certification,he or she shall attach an explanation to this application.
3. DRUG-FREE WORKPLACE(GRANTEES OTHER THAN
INDIVIUA1S)
•
The applicant certifies that it will or will continue to provide a drug-free workplace
by:
•
A. Publishing a statement notifying employees that the unlawful manufacture,
distribution,dispensing,possession,or use of a controlled substance is prohibited
August 6.2010 2010 ARRA Edward Byrne Justice Assistance Grant-Nebraska Crime Commission Page 26 of 26
Omaha Gun Violence Reduction Initiative
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(b) Have not within a three-year period preceding this application been convicted drug-free workplace.
of or had a civil judgment rendered against them for commission of fraud or a • •
criminal offense in connection with obtaining,attempting to obtain,or performing a Organization Name and Address: •
public(Federal,State,or local)transaction or contract under a public transaction; Jim Suttle,Mayor
violation of Federal or State antitrust statutes or commission of embezzlement,
theft,forgery;bribery,falsification or destruction of records,making false Typed Name and Title of Authorized Representative
statements,or receiving stolen property, efri 5474r.
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offenses enumerated in paragraph(1)(b)of this certification;and
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public transactions(Federal,State or local)terminated for cause or default;and
B. Where the applicant is unable to certify to any of the statements in this
certification,he or she shall attach an explanation to this application.
3. DRUG-FREE WORKPLACE(GRANTEES OTHER THAN
INDIVIUA1S)
•
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by:
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A. Publishing a statement notifying employees that the unlawful manufacture,
distribution,dispensing,possession,or use of a controlled substance is prohibited
August 6.2010 2010 ARRA Edward Byrne Justice Assistance Grant-Nebraska Crime Commission Page 26 of 26
Omaha Gun Violence Reduction Initiative
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of or had a civil judgment rendered against them for commission of fraud or a • •
criminal offense in connection with obtaining,attempting to obtain,or performing a Organization Name and Address: •
public(Federal,State,or local)transaction or contract under a public transaction; Jim Suttle,Mayor
violation of Federal or State antitrust statutes or commission of embezzlement,
theft,forgery;bribery,falsification or destruction of records,making false Typed Name and Title of Authorized Representative
statements,or receiving stolen property, efri 5474r.
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offenses enumerated in paragraph(1)(b)of this certification;and
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public transactions(Federal,State or local)terminated for cause or default;and
B. Where the applicant is unable to certify to any of the statements in this
certification,he or she shall attach an explanation to this application.
3. DRUG-FREE WORKPLACE(GRANTEES OTHER THAN
INDIVIUA1S)
•
The applicant certifies that it will or will continue to provide a drug-free workplace
by:
•
A. Publishing a statement notifying employees that the unlawful manufacture,
distribution,dispensing,possession,or use of a controlled substance is prohibited
August 6.2010 2010 ARRA Edward Byrne Justice Assistance Grant-Nebraska Crime Commission Page 26 of 26
Omaha Gun Violence Reduction Initiative
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of or had a civil judgment rendered against them for commission of fraud or a • •
criminal offense in connection with obtaining,attempting to obtain,or performing a Organization Name and Address: •
public(Federal,State,or local)transaction or contract under a public transaction; Jim Suttle,Mayor
violation of Federal or State antitrust statutes or commission of embezzlement,
theft,forgery;bribery,falsification or destruction of records,making false Typed Name and Title of Authorized Representative
statements,or receiving stolen property, efri 5474r.
e/'/Jb
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governmental entity(Federal,State,or local)with commission of any of the
offenses enumerated in paragraph(1)(b)of this certification;and
(d) Have not within a three-year period preceding this application had one or more
public transactions(Federal,State or local)terminated for cause or default;and
B. Where the applicant is unable to certify to any of the statements in this
certification,he or she shall attach an explanation to this application.
3. DRUG-FREE WORKPLACE(GRANTEES OTHER THAN
INDIVIUA1S)
•
The applicant certifies that it will or will continue to provide a drug-free workplace
by:
•
A. Publishing a statement notifying employees that the unlawful manufacture,
distribution,dispensing,possession,or use of a controlled substance is prohibited
August 6.2010 2010 ARRA Edward Byrne Justice Assistance Grant-Nebraska Crime Commission Page 26 of 26
Omaha Gun Violence Reduction Initiative
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violation of Federal or State antitrust statutes or commission of embezzlement,
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certification,he or she shall attach an explanation to this application.
3. DRUG-FREE WORKPLACE(GRANTEES OTHER THAN
INDIVIUA1S)
•
The applicant certifies that it will or will continue to provide a drug-free workplace
by:
•
A. Publishing a statement notifying employees that the unlawful manufacture,
distribution,dispensing,possession,or use of a controlled substance is prohibited
August 6.2010 2010 ARRA Edward Byrne Justice Assistance Grant-Nebraska Crime Commission Page 26 of 26
Omaha Gun Violence Reduction Initiative
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make a good faith effort to continue to maintain a
(b) Have not within a three-year period preceding this application been convicted drug-free workplace.
of or had a civil judgment rendered against them for commission of fraud or a • •
criminal offense in connection with obtaining,attempting to obtain,or performing a Organization Name and Address: •
public(Federal,State,or local)transaction or contract under a public transaction; Jim Suttle,Mayor
violation of Federal or State antitrust statutes or commission of embezzlement,
theft,forgery;bribery,falsification or destruction of records,making false Typed Name and Title of Authorized Representative
statements,or receiving stolen property, efri 5474r.
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(c)Are not presently indicted for or otherwise criminally or civilly charged by a •
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governmental entity(Federal,State,or local)with commission of any of the
offenses enumerated in paragraph(1)(b)of this certification;and
(d) Have not within a three-year period preceding this application had one or more
public transactions(Federal,State or local)terminated for cause or default;and
B. Where the applicant is unable to certify to any of the statements in this
certification,he or she shall attach an explanation to this application.
3. DRUG-FREE WORKPLACE(GRANTEES OTHER THAN
INDIVIUA1S)
•
The applicant certifies that it will or will continue to provide a drug-free workplace
by:
•
A. Publishing a statement notifying employees that the unlawful manufacture,
distribution,dispensing,possession,or use of a controlled substance is prohibited
August 6.2010 2010 ARRA Edward Byrne Justice Assistance Grant-Nebraska Crime Commission Page 26 of 26
Omaha Gun Violence Reduction Initiative
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make a good faith effort to continue to maintain a
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of or had a civil judgment rendered against them for commission of fraud or a • •
criminal offense in connection with obtaining,attempting to obtain,or performing a Organization Name and Address: •
public(Federal,State,or local)transaction or contract under a public transaction; Jim Suttle,Mayor
violation of Federal or State antitrust statutes or commission of embezzlement,
theft,forgery;bribery,falsification or destruction of records,making false Typed Name and Title of Authorized Representative
statements,or receiving stolen property, efri 5474r.
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governmental entity(Federal,State,or local)with commission of any of the
offenses enumerated in paragraph(1)(b)of this certification;and
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public transactions(Federal,State or local)terminated for cause or default;and
B. Where the applicant is unable to certify to any of the statements in this
certification,he or she shall attach an explanation to this application.
3. DRUG-FREE WORKPLACE(GRANTEES OTHER THAN
INDIVIUA1S)
•
The applicant certifies that it will or will continue to provide a drug-free workplace
by:
•
A. Publishing a statement notifying employees that the unlawful manufacture,
distribution,dispensing,possession,or use of a controlled substance is prohibited
August 6.2010 2010 ARRA Edward Byrne Justice Assistance Grant-Nebraska Crime Commission Page 26 of 26
Omaha Gun Violence Reduction Initiative
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make a good faith effort to continue to maintain a
(b) Have not within a three-year period preceding this application been convicted drug-free workplace.
of or had a civil judgment rendered against them for commission of fraud or a • •
criminal offense in connection with obtaining,attempting to obtain,or performing a Organization Name and Address: •
public(Federal,State,or local)transaction or contract under a public transaction; Jim Suttle,Mayor
violation of Federal or State antitrust statutes or commission of embezzlement,
theft,forgery;bribery,falsification or destruction of records,making false Typed Name and Title of Authorized Representative
statements,or receiving stolen property, efri 5474r.
e/'/Jb
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governmental entity(Federal,State,or local)with commission of any of the
offenses enumerated in paragraph(1)(b)of this certification;and
(d) Have not within a three-year period preceding this application had one or more
public transactions(Federal,State or local)terminated for cause or default;and
B. Where the applicant is unable to certify to any of the statements in this
certification,he or she shall attach an explanation to this application.
3. DRUG-FREE WORKPLACE(GRANTEES OTHER THAN
INDIVIUA1S)
•
The applicant certifies that it will or will continue to provide a drug-free workplace
by:
•
A. Publishing a statement notifying employees that the unlawful manufacture,
distribution,dispensing,possession,or use of a controlled substance is prohibited
August 6.2010 2010 ARRA Edward Byrne Justice Assistance Grant-Nebraska Crime Commission Page 26 of 26
Omaha Gun Violence Reduction Initiative
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criminal offense in connection with obtaining,attempting to obtain,or performing a Organization Name and Address: •
public(Federal,State,or local)transaction or contract under a public transaction; Jim Suttle,Mayor
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public transactions(Federal,State or local)terminated for cause or default;and
B. Where the applicant is unable to certify to any of the statements in this
certification,he or she shall attach an explanation to this application.
3. DRUG-FREE WORKPLACE(GRANTEES OTHER THAN
INDIVIUA1S)
•
The applicant certifies that it will or will continue to provide a drug-free workplace
by:
•
A. Publishing a statement notifying employees that the unlawful manufacture,
distribution,dispensing,possession,or use of a controlled substance is prohibited
August 6.2010 2010 ARRA Edward Byrne Justice Assistance Grant-Nebraska Crime Commission Page 26 of 26
Omaha Gun Violence Reduction Initiative
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of or had a civil judgment rendered against them for commission of fraud or a • •
criminal offense in connection with obtaining,attempting to obtain,or performing a Organization Name and Address: •
public(Federal,State,or local)transaction or contract under a public transaction; Jim Suttle,Mayor
violation of Federal or State antitrust statutes or commission of embezzlement,
theft,forgery;bribery,falsification or destruction of records,making false Typed Name and Title of Authorized Representative
statements,or receiving stolen property, efri 5474r.
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governmental entity(Federal,State,or local)with commission of any of the
offenses enumerated in paragraph(1)(b)of this certification;and
(d) Have not within a three-year period preceding this application had one or more
public transactions(Federal,State or local)terminated for cause or default;and
B. Where the applicant is unable to certify to any of the statements in this
certification,he or she shall attach an explanation to this application.
3. DRUG-FREE WORKPLACE(GRANTEES OTHER THAN
INDIVIUA1S)
•
The applicant certifies that it will or will continue to provide a drug-free workplace
by:
•
A. Publishing a statement notifying employees that the unlawful manufacture,
distribution,dispensing,possession,or use of a controlled substance is prohibited
August 6.2010 2010 ARRA Edward Byrne Justice Assistance Grant-Nebraska Crime Commission Page 26 of 26
Omaha Gun Violence Reduction Initiative
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public(Federal,State,or local)transaction or contract under a public transaction; Jim Suttle,Mayor
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theft,forgery;bribery,falsification or destruction of records,making false Typed Name and Title of Authorized Representative
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B. Where the applicant is unable to certify to any of the statements in this
certification,he or she shall attach an explanation to this application.
3. DRUG-FREE WORKPLACE(GRANTEES OTHER THAN
INDIVIUA1S)
•
The applicant certifies that it will or will continue to provide a drug-free workplace
by:
•
A. Publishing a statement notifying employees that the unlawful manufacture,
distribution,dispensing,possession,or use of a controlled substance is prohibited
August 6.2010 2010 ARRA Edward Byrne Justice Assistance Grant-Nebraska Crime Commission Page 26 of 26
Omaha Gun Violence Reduction Initiative
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criminal offense in connection with obtaining,attempting to obtain,or performing a Organization Name and Address: •
public(Federal,State,or local)transaction or contract under a public transaction; Jim Suttle,Mayor
violation of Federal or State antitrust statutes or commission of embezzlement,
theft,forgery;bribery,falsification or destruction of records,making false Typed Name and Title of Authorized Representative
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public transactions(Federal,State or local)terminated for cause or default;and
B. Where the applicant is unable to certify to any of the statements in this
certification,he or she shall attach an explanation to this application.
3. DRUG-FREE WORKPLACE(GRANTEES OTHER THAN
INDIVIUA1S)
•
The applicant certifies that it will or will continue to provide a drug-free workplace
by:
•
A. Publishing a statement notifying employees that the unlawful manufacture,
distribution,dispensing,possession,or use of a controlled substance is prohibited
August 6.2010 2010 ARRA Edward Byrne Justice Assistance Grant-Nebraska Crime Commission Page 26 of 26
Omaha Gun Violence Reduction Initiative
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certification,he or she shall attach an explanation to this application.
3. DRUG-FREE WORKPLACE(GRANTEES OTHER THAN
INDIVIUA1S)
•
The applicant certifies that it will or will continue to provide a drug-free workplace
by:
•
A. Publishing a statement notifying employees that the unlawful manufacture,
distribution,dispensing,possession,or use of a controlled substance is prohibited
August 6.2010 2010 ARRA Edward Byrne Justice Assistance Grant-Nebraska Crime Commission Page 26 of 26
Omaha Gun Violence Reduction Initiative
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of or had a civil judgment rendered against them for commission of fraud or a • •
criminal offense in connection with obtaining,attempting to obtain,or performing a Organization Name and Address: •
public(Federal,State,or local)transaction or contract under a public transaction; Jim Suttle,Mayor
violation of Federal or State antitrust statutes or commission of embezzlement,
theft,forgery;bribery,falsification or destruction of records,making false Typed Name and Title of Authorized Representative
statements,or receiving stolen property, efri 5474r.
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governmental entity(Federal,State,or local)with commission of any of the
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public transactions(Federal,State or local)terminated for cause or default;and
B. Where the applicant is unable to certify to any of the statements in this
certification,he or she shall attach an explanation to this application.
3. DRUG-FREE WORKPLACE(GRANTEES OTHER THAN
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by:
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A. Publishing a statement notifying employees that the unlawful manufacture,
distribution,dispensing,possession,or use of a controlled substance is prohibited
August 6.2010 2010 ARRA Edward Byrne Justice Assistance Grant-Nebraska Crime Commission Page 26 of 26
Omaha Gun Violence Reduction Initiative
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criminal offense in connection with obtaining,attempting to obtain,or performing a Organization Name and Address: •
public(Federal,State,or local)transaction or contract under a public transaction; Jim Suttle,Mayor
violation of Federal or State antitrust statutes or commission of embezzlement,
theft,forgery;bribery,falsification or destruction of records,making false Typed Name and Title of Authorized Representative
statements,or receiving stolen property, efri 5474r.
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governmental entity(Federal,State,or local)with commission of any of the
offenses enumerated in paragraph(1)(b)of this certification;and
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public transactions(Federal,State or local)terminated for cause or default;and
B. Where the applicant is unable to certify to any of the statements in this
certification,he or she shall attach an explanation to this application.
3. DRUG-FREE WORKPLACE(GRANTEES OTHER THAN
INDIVIUA1S)
•
The applicant certifies that it will or will continue to provide a drug-free workplace
by:
•
A. Publishing a statement notifying employees that the unlawful manufacture,
distribution,dispensing,possession,or use of a controlled substance is prohibited
August 6.2010 2010 ARRA Edward Byrne Justice Assistance Grant-Nebraska Crime Commission Page 26 of 26
Omaha Gun Violence Reduction Initiative
1
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C-25A CITY OF OMAHA
LEGISLATIVE CHAMBER -
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: :
WHEREAS,the Omaha Professional Firefighters Association,Local 385 through its
attorney,John E. Corrigan,has submitted a claim to the City of Omaha alleging the City's failure to,
correctly implement the Decision of the Commission of Industrial Relations in Case No: 1173.
relating to Omaha Municipal Code§23-148,late payment of the lump sum back pay,running short
on equipment, failure to appropriately pay specialty for running extra, being the sole paramedic,
hazardous materials, and battalion chief paramedic pay, are in violation of the Nebraska Wage
Payment and Collections Act,Neb. Rev. Stat. § 48-1228 to 48-1232; and,
WHEREAS, the claim is submitted pursuant to Neb. Rev. Stat. § 14-804; and now
comes before the City Council for final disposition; and,
WHEREAS,the City of Omaha Law Department recommends denial of the claim of
the Omaha Professional Firefighters Association, Local 385 on the basis that the decisions of the
Commission of Industrial Relations in Case No. 1173 are being followed and were implemented
appropriately.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF OMAHA:
THAT, the City Council determines that the claims of the Omaha Professional
Firefighters Association,Local 385,in regards to implementation of the Order of the Commission of
Industrial Relations in Case No. 1173 relating to Omaha Municipal Code § 23-148,late payment of
the lump sum back pay, running short on equipment, failure to appropriately pay specialty for
running extra, being the sole paramedic, hazardous materials, and battalion chief paramedic pay
should be and hereby are denied in their entirety.
APPROVED AS TO FORM:
---_a___
. , . 21 3 12
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of or had a civil judgment rendered against them for commission of fraud or a • •
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public(Federal,State,or local)transaction or contract under a public transaction; Jim Suttle,Mayor
violation of Federal or State antitrust statutes or commission of embezzlement,
theft,forgery;bribery,falsification or destruction of records,making false Typed Name and Title of Authorized Representative
statements,or receiving stolen property, efri 5474r.
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DiJe/
governmental entity(Federal,State,or local)with commission of any of the
offenses enumerated in paragraph(1)(b)of this certification;and
(d) Have not within a three-year period preceding this application had one or more
public transactions(Federal,State or local)terminated for cause or default;and
B. Where the applicant is unable to certify to any of the statements in this
certification,he or she shall attach an explanation to this application.
3. DRUG-FREE WORKPLACE(GRANTEES OTHER THAN
INDIVIUA1S)
•
The applicant certifies that it will or will continue to provide a drug-free workplace
by:
•
A. Publishing a statement notifying employees that the unlawful manufacture,
distribution,dispensing,possession,or use of a controlled substance is prohibited
August 6.2010 2010 ARRA Edward Byrne Justice Assistance Grant-Nebraska Crime Commission Page 26 of 26
Omaha Gun Violence Reduction Initiative
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