ORD 37755 - Memorandum of understanding with professional firefighters association NIAHA,
4� `1 �'s� Law Department
4:7411017Omaha/Douglas Civic Center
1 = 1819 Farnam Street,Suite 804
o' ? Omaha,Nebraska 68183-0804
Ao, gyro (402)444-5115
���D FWO' Telefax(402)444-5125
City of Omaha Paul D.Kratz
Mike Fahey,Mayor City Attorney
Honorable President
and Members of the City Council,
The attached Ordinance is submitted by the City Law Department. The Ordinance is to approve a
Memorandum of Understanding between the City of Omaha and John M. Kohlbek, Michael
Pritchard, and the Professional Firefighters Association of Omaha, Local 385, for purposes of
settlement of pending litigation in the United States District Court for the District of Nebraska
entitled John Kohlbek, et al. v. City of Omaha, 8:03cv068,wherein the Plaintiffs allege that the City
violated the equal protection rights of individual Plaintiffs with respect to certain employment
practices.
The Ordinance will also amend Section 23-232 of the Omaha Municipal Code by adding a new
paragraph"D"which changes the number of names referred for sworn promotional positions in the
Fire Department from three to four and if more than one position is to be filled then four times as
many names as there are positions rather than twice as many names will be referred.
Your favorable consideration of this Ordinance is respectfully requested.
Respectfully submitted, )44--
Referred to City Council for Consideration:
•
5"-//-o7 Al‘‘r-
Michelle_eters Date Mayor's Office/Title Date
Assistant_City Attorney
Approved as to Funding:
aeL., cilot.:A..d s-n-D 7
pn Carol A. Ebdon. Date
iC Finance Director
P:\LAW1\17291ma£doc
7-0 Omaha,in said County of Douglas,for more than fifty-two weeks last
APPROVED$Y: •
MIKE FAHEY 6/7/07 past; that the printed notice hereto attached was published in THE
MAYOR OF THE
CITY OF OMAHA DAILY RECORD,of Omaha,on
BUSTER BROWN,
City Clerk June 11, 2007
6-13-07 •
That said Newspaper during that time w. regularly published and
in gener_ .;}i ibn in the County of Do f• and State of Nebraska.
�i • c,NERA L yt Subscribed in y presence and sworn to before
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ORDINANCE NO. c3�a.5;73
1 AN ORDINANCE to approve a Memorandum of Understanding between the City of Omaha and
2 John M. Kohlbek, Michael Pritchard, and the Professional Firefighters Association of
3 Omaha, Local 385, for purposes of settlement of pending litigation in the United States
4 District Court for the District of Nebraska entitled John Kohlbek, et al. v. City of Omaha,
5 8:03cv068, wherein the Plaintiffs allege that the City violated the equal protection rights
6 of individual Plaintiffs with respect to certain employment practices; AND to amend
7 Section 23-232 of the Omaha Municipal Code by adding a new paragraph "D" which
8 changes the number of names referred for sworn promotional positions in the fire
9 department from three to four and if more than one position is to be filled then four times
10 as many names as there are positions rather than twice as many names will be referred;
11 and to provide the effective date hereof
12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
13
14 Section 1. The Memorandum of Understanding between the City of Omaha and the
15 Plaintiffs is approved. It is in the best interest of the City and the residents thereof to resolve this
16 litigation and any further claims by paying the sums of twenty-nine thousand six hundred forty
17 dollars and eighty-six cents ($29,640.86) which represents one half of the Plaintiffs' litigation
18 expenses and eighty-three thousand seventy dollars ($83,070.00) which represents attorney fees.
19 Further, that the funds to satisfy the same shall be paid out of the Contingent Liability Fund No.
20 12112.
g:
aeL., cilot.:A..d s-n-D 7
pn Carol A. Ebdon. Date
iC Finance Director
P:\LAW1\17291ma£doc
7-0 Omaha,in said County of Douglas,for more than fifty-two weeks last
APPROVED$Y: •
MIKE FAHEY 6/7/07 past; that the printed notice hereto attached was published in THE
MAYOR OF THE
CITY OF OMAHA DAILY RECORD,of Omaha,on
BUSTER BROWN,
City Clerk June 11, 2007
6-13-07 •
That said Newspaper during that time w. regularly published and
in gener_ .;}i ibn in the County of Do f• and State of Nebraska.
�i • c,NERA L yt Subscribed in y presence and sworn to before
%. THR• �� /
Put lshcr s F• ,1S C 5 '1 �i me this 1 1 • day of
Ad 0 tranal�ogik�ts$• :1 1 1 1 20—0.7
'll • t AY60\ . • MAW"
/ ,�1 .
it%���'i ... OF hE'$' No 7iV•Stat P f brDouglas County,
t`y�
6-1307 $PiGF,NERAL' •N\ ��
—_ Subscribed in , •resence and sworn to before
bli'her' ThRY Si* 0 me this ; 13 th :ay of
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•
ORDINANCE NO. 6 ,Lfs',5
PAGE 2
1 And in addition, the parties agree to an amendment of Chapter 23-232 as set forth in
2 Section 2 below.
3 Section 2. That Section 23-232 of the Omaha Municipal Code is hereby amended as
4 follows:
5 Upon approval of a personnel requisition, the director shall refer in writing the names of
6 available eligibles. With the exception of those cases described in (B), and (C), and (D) below,
7 the following procedures will be used to fill vacancies.
8 (A) If one position is to be filled, the director shall submit the names of the top scoring
9 five eligibles from the appropriate list, plus any additional eligibles with the same final score as
10 the last eligible referred, as provided in section 23-221. In addition, any employees on a recall
11 from layoff or demotion in lieu of layoff list will be referred, followed by any eligibles on
12 reemployment, voluntary demotion, or transfer lists, and affirmative action eligibles when
13 needed, except when special qualifications are required as provided in section 23-231 of this
14 code. If more than one position is to be filled in the same department, the director shall submit as
15 many eligibles as necessary to provide three times as many eligibles as there are vacancies, plus
16 any additional eligibles with the same final score as the last candidate referred, as provided in
17 section 23-231, and provided there is a sufficient number of eligibles on the list. Twice as many
18 affirmative action eligibles as there are vacancies, provided they meet the basic qualifications
19 provided in this chapter, may be referred. In the absence of a sufficient number of eligibles, the
20 director shall refer the entire list. The following eligibility lists shall be used by the director in
21 the order indicated:
22
23 (1) Recall from layoff or demotion in lieu of layoff which list shall be referred and a
24 hiring decision made before the following lists shall be referred;
25
26 (2) Reemployment, voluntary demotion, transfer;
27
28 (3) Promotional lists;
29
30 (4) Closed competitive lists;
31
32 (5) Open competitive lists.
33
34 If there is not a sufficient number of names on any list or combination of lists as provided
35 in these rules to refer the number of names specified herein, the director shall provide the
36 department head the option of hiring a person or persons from the list or of asking for the
37 development of a new list, or both. When evaluating eligibles from among those referred by the
38 director, the department head shall be permitted to examine the applications and examinations of
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ORDINANCE NO. c. 95
' PAGE 3
• 1 the eligibles referred, as well as other materials deemed appropriate by the director. The
2 department head shall return the list of names referred indicating the eligible(s) appointed or the
3 reasons for not filling the vacant position(s). If a department head wishes to reject an eligible and
4 receive a replacement name, he or she must provide job related reasons and justification in a
5 written request to the director.
6
7 (B) In those cases in which the director deems it appropriate to develop both an open
8 competitive and a closed competitive list for any classification(when there is a sufficient number
9 of part-time, seasonal or other unclassified employees eligible for closed competitive), the
10 following procedures will be used to refer names for vacancies. If one vacancy exists, the names
11 of the top scoring three eligibles from the open competitive list, and the top scoring three
12 eligibles from the closed competitive list, will be referred to the department head, except when
13 special qualifications are required as provided in section 23-231 of this code. If more than one
14 position is to be filled in the same department, the director shall submit as many eligibles as
15 necessary to provide two times as many eligibles as there are vacancies from the open
16 competitive list, and two times as many eligibles as there are vacancies from the closed
17 competitive list. Twice as many affirmative action eligibles as there are vacancies may be
18 referred, with one-half of this number coming from each list, if available.
19
20 (C) For sworn promotional positions in the police and firs departments, the following
21 procedures will be used to refer names for vacancies. If one position is to be filled, the director
22 shall refer the three highest names on the appropriate list, in addition to affirmative action
23 eligibles when needed. If more than one position is to be filled, the director shall submit twice as
24 many eligibles as there are vacancies if there are that number of eligibles on the list. Affirmative
25 action candidates who meet the basic qualifications provided in this chapter may be referred up
26 to double the number of vacancies as appropriate.
27
28 (D) For sworn promotional positions in the fire department, the following procedures will
29 be used to refer names for vacancies. If one position is to be filled, the director shall refer four
30 (4) highest names in rank order on the appropriate list. If more than one position is to be filled,
31 the director shall submit four (4) times as many eligibles as there are vacancies if there are that
32 number of eligibles on the list. When filling vacancies in classifications in the fire department
33 other than promotion positions, the director shall follow the provisions of sections 231 and 232
34 of this chapter as applicable and the provisions of this paragraph shall not apply.
35 If there is not a sufficient number of names on any list or combination of lists as provided
36 in these rules to refer the number of names specified herein, the director shall require
37 appointment from the above eligibles unless the department head shall give in writing reasons
38 why such eligibles should not be appointed.
39
40 Section 3. This Ordinance shall be in full force and take effect fifteen days from and
41 after its passage.
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ORDINANCE NO.
' PAGE 4
INTRODUCED BY COUNCILMEMBER
/00401 c7 .)I4L APPROVED BY:
?) IZ ‘/07
MAYOR OF THE CIT OF OMAHA DATE
PASSED JUN " S a ; Lft t/D,( / CPe/'/lp/SZ
ATTEST: 42yb: T�orn9sori, ,Oilo-"'
`/%7
CI Y CLERK OF THE CITY-OF OMAHA DATE APPROVED AS TO FORM:
' + , //-07
a ' CITY ATTORNEY DATE
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ARK ADDITFON
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Page 1 of 1 OPW 51280
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he parties whose
names arehet opposite eachdpscription, according to the Records of the Register of Deeds,
this 4, day of 4zi 2007.
Harald Flatoen, Engineering Services Manager
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0 311
• MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding is made by and between John M.Kohlbek,Michael
Pritchard,and Professional Firefighters Association of Omaha,Local 385,(referred hereinafter as
the"Plaintiffs")and the City of Omaha,Nebraska(referred hereinafter as the"City"or the
"Defendant"). Unless the Context suggests otherwise,references to the"the City"shall include
its elected officials,employees, agents, and officers.
WHEREAS,Plaintiffs claim that the City violated the equal protection rights of the
individual Plaintiffs with respect to the employriient practices of the City as alleged in the legal
action currently pending before the United States District Court, captioned Kohlbek et al., v. City
of Omaha, Case No. 03-068 which matter is subject to further litigation absent a mutual
resolution by the parties; and,
WHEREAS,the Parties have engaged in negotiating matters at issue in the lawsuit; and,
WHEREAS,by reason of the disputes and controversies arising from the lawsuits, and in
recognition and preservation of the interests of the parties,the parties desire to compromise and
settle all claims and causes of action of any kind which the Plaintiffs have or may have in the
future arising out of or related to the incidents giving rise to this lawsuit.
NOW,THEREFORE,for and in consideration of the mutual promises and agreements
herein contained,including the recitals above, and the monetary consideration to be exchanged,
the parties hereto agree as follows;
1. Effective upon the execution of this agreement,the City and the Union agree that
Omaha Municipal Code Section 23-232 shall be amended to read as follows:
Section 23-232 Referral of Eligibles.
Page 1 of 9
positions in the police and firs departments, the following
21 procedures will be used to refer names for vacancies. If one position is to be filled, the director
22 shall refer the three highest names on the appropriate list, in addition to affirmative action
23 eligibles when needed. If more than one position is to be filled, the director shall submit twice as
24 many eligibles as there are vacancies if there are that number of eligibles on the list. Affirmative
25 action candidates who meet the basic qualifications provided in this chapter may be referred up
26 to double the number of vacancies as appropriate.
27
28 (D) For sworn promotional positions in the fire department, the following procedures will
29 be used to refer names for vacancies. If one position is to be filled, the director shall refer four
30 (4) highest names in rank order on the appropriate list. If more than one position is to be filled,
31 the director shall submit four (4) times as many eligibles as there are vacancies if there are that
32 number of eligibles on the list. When filling vacancies in classifications in the fire department
33 other than promotion positions, the director shall follow the provisions of sections 231 and 232
34 of this chapter as applicable and the provisions of this paragraph shall not apply.
35 If there is not a sufficient number of names on any list or combination of lists as provided
36 in these rules to refer the number of names specified herein, the director shall require
37 appointment from the above eligibles unless the department head shall give in writing reasons
38 why such eligibles should not be appointed.
39
40 Section 3. This Ordinance shall be in full force and take effect fifteen days from and
41 after its passage.
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Upon approval of a personnel requisition,the director shall refer in writing the
names of available eligibles. With the exception of those cases described in(b)
and(c) and(d)below,the following procedures will be used to fill vacancies.
(a) If one position is to be filled,the director shall submit the names of the top
scoring five (5) eligibles from the appropriate list, plus any additional
eligibles with the same final score as the last eligible referred,as provided in
§23-221. In addition, any employees on arecall from layoff or demotion in
lieu of layoff list will be referred, followed by any eligibles on re-
employment,voluntary demotion,or transfer list and the affirmative action
eligibles when needed, except when special qualifications are required as
provided in§23-231 of this Code. If more than one position is to be filled in
the same department,the director shall submit as many eligibles as necessary
to provide three(3)times as many eligibles as there are vacancies,plus any
additional eligibles with the same final score as the last candidate referred,
as provided in§23-231,and provided there is a sufficient number of eligibles
on the list. Twice as many affirmative action eligibles as there are vacancies
provided they meet the basic qualifications provided in this chapter may be
referred. In the absence of a sufficient number of eligibles,the director shall
refer the entire list. The following eligibility lists shall be used by the
director in the order indicated:
Page 2 of 9
maha Municipal Code Section 23-232 shall be amended to read as follows:
Section 23-232 Referral of Eligibles.
Page 1 of 9
positions in the police and firs departments, the following
21 procedures will be used to refer names for vacancies. If one position is to be filled, the director
22 shall refer the three highest names on the appropriate list, in addition to affirmative action
23 eligibles when needed. If more than one position is to be filled, the director shall submit twice as
24 many eligibles as there are vacancies if there are that number of eligibles on the list. Affirmative
25 action candidates who meet the basic qualifications provided in this chapter may be referred up
26 to double the number of vacancies as appropriate.
27
28 (D) For sworn promotional positions in the fire department, the following procedures will
29 be used to refer names for vacancies. If one position is to be filled, the director shall refer four
30 (4) highest names in rank order on the appropriate list. If more than one position is to be filled,
31 the director shall submit four (4) times as many eligibles as there are vacancies if there are that
32 number of eligibles on the list. When filling vacancies in classifications in the fire department
33 other than promotion positions, the director shall follow the provisions of sections 231 and 232
34 of this chapter as applicable and the provisions of this paragraph shall not apply.
35 If there is not a sufficient number of names on any list or combination of lists as provided
36 in these rules to refer the number of names specified herein, the director shall require
37 appointment from the above eligibles unless the department head shall give in writing reasons
38 why such eligibles should not be appointed.
39
40 Section 3. This Ordinance shall be in full force and take effect fifteen days from and
41 after its passage.
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(1) Recall from layoff or demotion in lieu of layoff which list shall be
referred and a hiring decision made before the following lists shall
referred:
(2) Re-employment,voluntary demotion,transfer:
(3) Promotional lists;
(4) Closed competitive lists;
(5) Open competitive lists.
If there is not a sufficient number of names on any list or combination of lists
as provided in these rules to refer the number of names specified herein,the
director shall provide the department head the option of hiring a person or
persons from the list or of asking for the development of a new list,or both.
When evaluating an eligible from among those referred by the director,the
department head shall be permitted to examine the applications and
examinations of the eligibles referred, as well as other materials deemed
appropriate by the director. The department head shall return the list of
names referred indicating the eligible(s) appointed or the reasons for not
filling the vacant position(s). If a department head wishes to reject an eligible
and receive a replacement name,he or she must provide job related reasons
and justification in-a written request to the director.
(b) In those cases in which the director deems it appropriate to develop both and
Page 3 of 9
sufficient number of eligibles,the director shall
refer the entire list. The following eligibility lists shall be used by the
director in the order indicated:
Page 2 of 9
maha Municipal Code Section 23-232 shall be amended to read as follows:
Section 23-232 Referral of Eligibles.
Page 1 of 9
positions in the police and firs departments, the following
21 procedures will be used to refer names for vacancies. If one position is to be filled, the director
22 shall refer the three highest names on the appropriate list, in addition to affirmative action
23 eligibles when needed. If more than one position is to be filled, the director shall submit twice as
24 many eligibles as there are vacancies if there are that number of eligibles on the list. Affirmative
25 action candidates who meet the basic qualifications provided in this chapter may be referred up
26 to double the number of vacancies as appropriate.
27
28 (D) For sworn promotional positions in the fire department, the following procedures will
29 be used to refer names for vacancies. If one position is to be filled, the director shall refer four
30 (4) highest names in rank order on the appropriate list. If more than one position is to be filled,
31 the director shall submit four (4) times as many eligibles as there are vacancies if there are that
32 number of eligibles on the list. When filling vacancies in classifications in the fire department
33 other than promotion positions, the director shall follow the provisions of sections 231 and 232
34 of this chapter as applicable and the provisions of this paragraph shall not apply.
35 If there is not a sufficient number of names on any list or combination of lists as provided
36 in these rules to refer the number of names specified herein, the director shall require
37 appointment from the above eligibles unless the department head shall give in writing reasons
38 why such eligibles should not be appointed.
39
40 Section 3. This Ordinance shall be in full force and take effect fifteen days from and
41 after its passage.
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open competitive and a closed competitive list for any classification(when
there is a sufficient number of part-time, seasonal or other unclassified
employees eligible for closed competitive),the following procedures will be
sued to refer names for vacancies. If one vacancy exists,the names of the top
scoring three(3)eligibles from the open competitive list,and the top scoring
three (3) eligibles from the closed competitive list, will be referred to the
department head,except when special qualifications are required as provided
in§23-231 of this Code. If more than one position is to be filled in the same
department, the director shall submit as many eligibles as necessary as to
provide two(2)times as many eligibles as there are vacancies from the open
competitive list, and two(2) times as many eligibles as there are vacancies
from the closed competitive list. Twice as many affirmative actions eligibles
as there are vacancies may be referred,with one-half of this number coming
from each list,if available.
(C) For sworn promotional positions in the police aid Lie elepailinciils, the
following procedures will be used to refer names for vacancies. If one
position is to be filled,the director shall refer the three(3)highest names on
the appropriate list,in addition to affirmative action eligibles when needed.
If more than one position is to be filled, the director shall submit twice as
many eligibles as there are vacancies if there are that number of eligibles on
the list. Affirmative action candidates who meet the basic qualifications
Page 4 of 9
Section 23-232 Referral of Eligibles.
Page 1 of 9
positions in the police and firs departments, the following
21 procedures will be used to refer names for vacancies. If one position is to be filled, the director
22 shall refer the three highest names on the appropriate list, in addition to affirmative action
23 eligibles when needed. If more than one position is to be filled, the director shall submit twice as
24 many eligibles as there are vacancies if there are that number of eligibles on the list. Affirmative
25 action candidates who meet the basic qualifications provided in this chapter may be referred up
26 to double the number of vacancies as appropriate.
27
28 (D) For sworn promotional positions in the fire department, the following procedures will
29 be used to refer names for vacancies. If one position is to be filled, the director shall refer four
30 (4) highest names in rank order on the appropriate list. If more than one position is to be filled,
31 the director shall submit four (4) times as many eligibles as there are vacancies if there are that
32 number of eligibles on the list. When filling vacancies in classifications in the fire department
33 other than promotion positions, the director shall follow the provisions of sections 231 and 232
34 of this chapter as applicable and the provisions of this paragraph shall not apply.
35 If there is not a sufficient number of names on any list or combination of lists as provided
36 in these rules to refer the number of names specified herein, the director shall require
37 appointment from the above eligibles unless the department head shall give in writing reasons
38 why such eligibles should not be appointed.
39
40 Section 3. This Ordinance shall be in full force and take effect fifteen days from and
41 after its passage.
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• provided in this chapter may be referred up to double the number of
vacancies as appropriate.
(d) For sworn promotional positions in the fire department, the following
procedures will be used to refer names for vacancies. If one position is to be
filled the director shall refer the four(4)highest names in rank order on the
appropriate list. If more than one position is to be filled,the director shall
submit four(4)times as many eligibles as there are vacancies if there are that
number of eligibles on the list. When filling vacancies in classifications in
the fire department other than promotional positions,the director shall follow
the provisions of §§231 and 232 of this chapter as applicable and the
provisions of this paragraph(d) shall not apply.
If there is not a sufficient number of names on any list or combination of lists
as provided in these rules to refer the number of names specified herein,the
director shall require appointment from the above eligibles unless the
department head shall give in writing reasons why such eligibles should not
be appointed.
2. Also upon the execution of this agreement, the Union and the City will amend the
current collective bargaining agreement between the Professional Firefighters Association of
Omaha,Local 385 and the City of Omaha covering contract years 2004 thru 2007 in pertinent part
Page 5 of 9
the director shall submit twice as
many eligibles as there are vacancies if there are that number of eligibles on
the list. Affirmative action candidates who meet the basic qualifications
Page 4 of 9
Section 23-232 Referral of Eligibles.
Page 1 of 9
positions in the police and firs departments, the following
21 procedures will be used to refer names for vacancies. If one position is to be filled, the director
22 shall refer the three highest names on the appropriate list, in addition to affirmative action
23 eligibles when needed. If more than one position is to be filled, the director shall submit twice as
24 many eligibles as there are vacancies if there are that number of eligibles on the list. Affirmative
25 action candidates who meet the basic qualifications provided in this chapter may be referred up
26 to double the number of vacancies as appropriate.
27
28 (D) For sworn promotional positions in the fire department, the following procedures will
29 be used to refer names for vacancies. If one position is to be filled, the director shall refer four
30 (4) highest names in rank order on the appropriate list. If more than one position is to be filled,
31 the director shall submit four (4) times as many eligibles as there are vacancies if there are that
32 number of eligibles on the list. When filling vacancies in classifications in the fire department
33 other than promotion positions, the director shall follow the provisions of sections 231 and 232
34 of this chapter as applicable and the provisions of this paragraph shall not apply.
35 If there is not a sufficient number of names on any list or combination of lists as provided
36 in these rules to refer the number of names specified herein, the director shall require
37 appointment from the above eligibles unless the department head shall give in writing reasons
38 why such eligibles should not be appointed.
39
40 Section 3. This Ordinance shall be in full force and take effect fifteen days from and
41 after its passage.
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•
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• by inserting into Article 32,Examination and Promotions,anew section entitled"Section 10"which
will limited to the following language:
When referring eligible candidates for promotional positions within the
bargaining unit,the following procedure will be used to refer names for vacancies.
If one position is to be filled,the director shall refer the four(4)highest names in
rank order on the appropriate list. If more than one position is to be filled, the
director shall submit four(4)times as many eligibles as there are vacancies if there
are that number of eligibles on the list. When filling vacancies in classifications in
the bargaining unit other than promotional positions, the personnel director shall
follow the provisions of Omaha Municipal Code i$23-231 and 232 as applicable
provisions of this Section 10 of the Collective Bargaining Agreement shall not apply.
3. The City will pay to the Union as a compromise,one-half of the following sums:
a. $3,515.80 for costs paid to the City by Local 385 after the District Court
entered Summary Judgment in favor of the City by order dated March 30,
2004.
b. $16,394.99 for costs of litigation advanced by attorneys for the Union and
reimbursed to those attorneys by the Union.
c. $22,870.93 for fees paid by the Union to the Union's Statistics Expert,
Dr.Charles Mann who testified as an expert witness in this matter.
d. $16,500.02 for fees paid by the Union to the Union's Testing Expert, Dr.
Lance Seberhagen,who testified as an expert witness in this matter.
Page 6 of 9
ction 23-232 Referral of Eligibles.
Page 1 of 9
positions in the police and firs departments, the following
21 procedures will be used to refer names for vacancies. If one position is to be filled, the director
22 shall refer the three highest names on the appropriate list, in addition to affirmative action
23 eligibles when needed. If more than one position is to be filled, the director shall submit twice as
24 many eligibles as there are vacancies if there are that number of eligibles on the list. Affirmative
25 action candidates who meet the basic qualifications provided in this chapter may be referred up
26 to double the number of vacancies as appropriate.
27
28 (D) For sworn promotional positions in the fire department, the following procedures will
29 be used to refer names for vacancies. If one position is to be filled, the director shall refer four
30 (4) highest names in rank order on the appropriate list. If more than one position is to be filled,
31 the director shall submit four (4) times as many eligibles as there are vacancies if there are that
32 number of eligibles on the list. When filling vacancies in classifications in the fire department
33 other than promotion positions, the director shall follow the provisions of sections 231 and 232
34 of this chapter as applicable and the provisions of this paragraph shall not apply.
35 If there is not a sufficient number of names on any list or combination of lists as provided
36 in these rules to refer the number of names specified herein, the director shall require
37 appointment from the above eligibles unless the department head shall give in writing reasons
38 why such eligibles should not be appointed.
39
40 Section 3. This Ordinance shall be in full force and take effect fifteen days from and
41 after its passage.
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One-half of the above sums or$29,640.86 will be paid by the City under this paragraph to
the Union.
4. The City will pay the sum of$83,070.00 to John E.Corrigan,Attorney for the Plaintiffs
for hours expended by Corrigan in the above referenced litigation.
5. The Plaintiffs and the City will cause to be filed a joint stipulation of dismissal with
the District Court dismissing the litigation captioned Kohlbek et al., v. City of Omaha, Case No.
8:03-068 and execute a mutually agreeable release discharging the City, its officers, agents and
employees from any and all claims,demands,damages,actions,causes of action,or suits at law or
in equity, of whatsoever kind or nature, for or because of any matter or thing done, omitted, or
suffered to be done by anyone prior to and including the date hereof on account of all injuries to
person or property resulting,or to result from the allegations contained in the complaint filed by th
Plaintiffs in the above referenced litigation.
6. The Union expressly acknowledges and the parties recognize that the United States
Court of Appeals for the Eighth Circuit has determined,as set forth in the opinion found at Kohlbek
et al., v. City Omaha, 447 F.3d 552 (8th Cir. 2006), that the Plaintiffs do not have standing to
challenge the hiring practices of the City and it is the desire of the parties to resolve disputes
regarding the promotional practices applicable to job classifications in the Omaha Fire Department.
7. The Union expressly agrees to participate with and assist the City in the recruitment
of minority candidates for positions in the Fire Department upon the request of the City.
8. This agreement contains the entire agreement between the parties. It supercedes any
and all prior agreements, arrangements or understandings between the parties on all subjects in
anyway related to the events which gave rise to the litigation resolved herein. No oral
Page 7 of 9
ames on the appropriate list, in addition to affirmative action
23 eligibles when needed. If more than one position is to be filled, the director shall submit twice as
24 many eligibles as there are vacancies if there are that number of eligibles on the list. Affirmative
25 action candidates who meet the basic qualifications provided in this chapter may be referred up
26 to double the number of vacancies as appropriate.
27
28 (D) For sworn promotional positions in the fire department, the following procedures will
29 be used to refer names for vacancies. If one position is to be filled, the director shall refer four
30 (4) highest names in rank order on the appropriate list. If more than one position is to be filled,
31 the director shall submit four (4) times as many eligibles as there are vacancies if there are that
32 number of eligibles on the list. When filling vacancies in classifications in the fire department
33 other than promotion positions, the director shall follow the provisions of sections 231 and 232
34 of this chapter as applicable and the provisions of this paragraph shall not apply.
35 If there is not a sufficient number of names on any list or combination of lists as provided
36 in these rules to refer the number of names specified herein, the director shall require
37 appointment from the above eligibles unless the department head shall give in writing reasons
38 why such eligibles should not be appointed.
39
40 Section 3. This Ordinance shall be in full force and take effect fifteen days from and
41 after its passage.
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• understandings,statements,promises,or inducements contrary to or consistent with the terms of this
Agreement exist. This agreement is not subject to any modification, waiver, or addition, except
changes made in subsequent written agreement signed by all parties.
9. It is expressly understood and agreed that the terms of this Agreement are contractual
and not merely recital; the consideration transferred is to compromise disputed claims, avoid
litigation and to promote industrial peace. At no time will any representations,agreement,payments,
or other consideration made or referred to herein or as a result of this Agreement be construed as an
admission of liability. All liability is expressly denied.
10. All signatories to this Agreement warrant that they have read it and fully understand
its terms. They warrant that they are of legal age and legally competent and authorized to execute
this Agreement.
DATED this '7day of 007.
CITY OF OMAHA,Defendant
ATTEST: .` �•
G/7/7 7
Authorized P cipal Brown, City Clerk
JOHN M.KOHLBEK, Plaintiff
John M.Kohlbek
Page 8 of 9
Kohlbek
et al., v. City Omaha, 447 F.3d 552 (8th Cir. 2006), that the Plaintiffs do not have standing to
challenge the hiring practices of the City and it is the desire of the parties to resolve disputes
regarding the promotional practices applicable to job classifications in the Omaha Fire Department.
7. The Union expressly agrees to participate with and assist the City in the recruitment
of minority candidates for positions in the Fire Department upon the request of the City.
8. This agreement contains the entire agreement between the parties. It supercedes any
and all prior agreements, arrangements or understandings between the parties on all subjects in
anyway related to the events which gave rise to the litigation resolved herein. No oral
Page 7 of 9
ames on the appropriate list, in addition to affirmative action
23 eligibles when needed. If more than one position is to be filled, the director shall submit twice as
24 many eligibles as there are vacancies if there are that number of eligibles on the list. Affirmative
25 action candidates who meet the basic qualifications provided in this chapter may be referred up
26 to double the number of vacancies as appropriate.
27
28 (D) For sworn promotional positions in the fire department, the following procedures will
29 be used to refer names for vacancies. If one position is to be filled, the director shall refer four
30 (4) highest names in rank order on the appropriate list. If more than one position is to be filled,
31 the director shall submit four (4) times as many eligibles as there are vacancies if there are that
32 number of eligibles on the list. When filling vacancies in classifications in the fire department
33 other than promotion positions, the director shall follow the provisions of sections 231 and 232
34 of this chapter as applicable and the provisions of this paragraph shall not apply.
35 If there is not a sufficient number of names on any list or combination of lists as provided
36 in these rules to refer the number of names specified herein, the director shall require
37 appointment from the above eligibles unless the department head shall give in writing reasons
38 why such eligibles should not be appointed.
39
40 Section 3. This Ordinance shall be in full force and take effect fifteen days from and
41 after its passage.
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MICHAEL G. PRITCHARD,Plaintiff
•
•
Michael . ritchard, laintiff
THE PROFESSIONAL FIREFIGHTERS
OMAHA, LOCAL NO.
ASSOCIATION OF385,
Plaintiff,
Z.'''.
By:
Darren K. Bates,President
Page 9 of 9
ri, ,Oilo-"'
`/%7
CI Y CLERK OF THE CITY-OF OMAHA DATE APPROVED AS TO FORM:
' + , //-07
a ' CITY ATTORNEY DATE
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he parties whose
names arehet opposite eachdpscription, according to the Records of the Register of Deeds,
this 4, day of 4zi 2007.
Harald Flatoen, Engineering Services Manager
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This agreement contains the entire agreement between the parties. It supercedes any
and all prior agreements, arrangements or understandings between the parties on all subjects in
anyway related to the events which gave rise to the litigation resolved herein. No oral
Page 7 of 9
ames on the appropriate list, in addition to affirmative action
23 eligibles when needed. If more than one position is to be filled, the director shall submit twice as
24 many eligibles as there are vacancies if there are that number of eligibles on the list. Affirmative
25 action candidates who meet the basic qualifications provided in this chapter may be referred up
26 to double the number of vacancies as appropriate.
27
28 (D) For sworn promotional positions in the fire department, the following procedures will
29 be used to refer names for vacancies. If one position is to be filled, the director shall refer four
30 (4) highest names in rank order on the appropriate list. If more than one position is to be filled,
31 the director shall submit four (4) times as many eligibles as there are vacancies if there are that
32 number of eligibles on the list. When filling vacancies in classifications in the fire department
33 other than promotion positions, the director shall follow the provisions of sections 231 and 232
34 of this chapter as applicable and the provisions of this paragraph shall not apply.
35 If there is not a sufficient number of names on any list or combination of lists as provided
36 in these rules to refer the number of names specified herein, the director shall require
37 appointment from the above eligibles unless the department head shall give in writing reasons
38 why such eligibles should not be appointed.
39
40 Section 3. This Ordinance shall be in full force and take effect fifteen days from and
41 after its passage.
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"NOTICE TO PUBLIC" THE DAILY RECORD
The following Ordinance has been set for OF OM S II S
City Council hearing on May 22, 2007, at ���c���c�
p.m., in the LegislativeChambers,
Omaha/Douglas
Center, RONALD A. HENNINGSEN Publisher
Civic 1819 Farnam ,
Street, at which hearing all persons PROOF OF PUBLICATION
interested,may be heard.
AN ORDINANCE to approve a
Memorandum of Understanding between
the City of Omaha and John M. Kohlbek, UNITED STATES OF AMERICA,
Michael Pritchard, and the Professional The State of
Firefighters Association of Omaha, Local Nebraska, SS.
385,for purposes of settlement of pending District of Nebraska,
litigation in the United States District Court County of Douglas,
the District of Nebraska entitled John
Kohlbek, et al. v. City of Omaha, 8:03cv068, City of Omaha,
wherein the Plaintiffs allege that the City
violated the equal protection rights of
individual Plaintiffs with respect to certain J. BOYD
employment practices; AND to amend
Section 23-232 of the Omaha Municipal being duly sworn,deposes and says that she is
Code by adding a new paragraph •D'which
changes the number of names referred for
sworn promotional positions in the fire LEGAL EDITOR
department from three to four and if more
than one position is to be filled then four of THE DAILY RECORD, of Omaha, a legal newspaper, printed and
times as many names as there are positions published daily in the English language, having a bona fide paid
rather than twice as many names will be
referred; and to provide the effective date circulation in Douglas County in excess of 300 copies, printed in
hereof. Omaha,in said Countyof Douglas,for more thanfifty-two weeks last
BUSTER BROWN, ou gas, y
City Clerk past; that the printed notice hereto attached was published in THE
5-18-07
• - -- DAILY RECORD,of Omaha,on
May 18, 2007
That •.•r >-•'i.•lper during that time was regularly published and
in g�:,4c '... �}n the County of Do d State of Nebraska.
t�� Subscribed i presence and sworn to before
•
I,1xliShe• �Ey,P RE$� 2-2. V'0 me this 18th day of
A�/.'tiaRal Copies ksN •� i=1 May 20�7
f Mqqy 2� ��
it
tail 6:•' 0.`'�J`f J1
.�`-' V�-(�l hTPT E O F c 5:, 7 0 0'/t: t P•bl' in : d f• y•ug as County,
•�&��� State of ebraska
the director shall submit four (4) times as many eligibles as there are vacancies if there are that
32 number of eligibles on the list. When filling vacancies in classifications in the fire department
33 other than promotion positions, the director shall follow the provisions of sections 231 and 232
34 of this chapter as applicable and the provisions of this paragraph shall not apply.
35 If there is not a sufficient number of names on any list or combination of lists as provided
36 in these rules to refer the number of names specified herein, the director shall require
37 appointment from the above eligibles unless the department head shall give in writing reasons
38 why such eligibles should not be appointed.
39
40 Section 3. This Ordinance shall be in full force and take effect fifteen days from and
41 after its passage.
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NOTICE TO PUBLIC" THE DAILY RECORD
ORDINANCE NO.37755
AN ORDINANCEmofUto approve a OF OMAHA
Memorandum of Understanding between
the City of Omaha and John M. Kohlbek,
Michael Pritchard, and the Professional RONALD A. HENNINGSEN, Publisher
Firefighters Association ,of Omaha, Local
385,for purposes of settlement of pending PROOF OF PUBLICATION
litigation in the United States'District Court
for the District of Nebraska entitled John
Kohlbek, etal. v. City of Omaha, 8:03cv068, UNITED STATES OF AMERICA,
wherein the Plaintiffs allege that the City
violated the equal protection rights of The State of Nebraska,
individual Plaintiffs with .respect to certain SS.
employment practices; AND to amend District of Nebraska,
Section 23-232 of the Omaha Municipal County of Douglas,
Code by adding a new paragraph 'D'which City of Omaha,
changes the number of names referred for
sworn promotional positions in the fire
department from three to four and if more J.BOYD
than one position is to be filled then four
times as many names as there are positions
rather than twice as many names will be being duly sworn,deposes and says that she is
referred; and to provide the effective date
hereof. i •
LEGAL EDITOR
SUMMARY:
AN ORDINANCE. to approve a of THE DAILY RECORD, of Omaha, a legal newspaper, printed and
Memorandum of Understanding between
the City of Omaha and John M. Kohlbek, published daily in the English language, having a bona fide paid
Michael Pritchard, and the Professional circulation in Douglas County in excess of 300 copies, printed in
Firefighters Association, of Omaha, Local
385,for purposes of settlement of pending Omaha,in said County of Douglas,for more than fifty-two weeks last
ftig theen in the of United Stateska entitledt Court past; that the printed notice hereto attached was published in THE
for District of Nebraska John
Kohlbek, et al. v. City of,Omaha, 8:03cv068. DAILY RECORD,of Omaha,on
wherein the Plaintiffs allege that the City
• violated the equal protection rights of June 13 , 2007
individual Plaintiffs with respect to certain
employment practices; AND to amend
Section 23-232 of the Omaha Municipal
Code by adding a new paragraph 'D•which
changes the number of names referred for
sworn promotional .positions in the fire
department from three to four and if more That s ' at
during that time regularly published and
than one,position is to' bg filled then foUr
times as many'names as there are positions in g �y on in the County of D r _ _ ,and State of Nebraska.
rather than twice as many names will be •�
referred; and to provide the effective date Q- .�kyE�p1. `�1t ,
hereof. G (� Subscribed in.7•presence and sworn to before
PASSED: June 5,2007, 5-2
ty1PPROVEO BY:
MIKE FAHEY 6/7/07 blisherXWV-PS v i 10 me this 1 th day of
MAYOR OF THE
CITY OF OMAHA .*„ir G 9kgES
BUSTER BROWN, ddi£ional Copies immaL 20-07
City Clerk 2C3.- . . f "'��/ ,.W
6-1307 a�,.•
�� �TArF 0 F NF6 No.,*r, ,.�in*. !re ouglas County,
State of Nebraska
the above eligibles unless the department head shall give in writing reasons
38 why such eligibles should not be appointed.
39
40 Section 3. This Ordinance shall be in full force and take effect fifteen days from and
41 after its passage.
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