When retired Logansport policeman Wesley Peters got word that former firefighters had settled their lawsuit with the city, he called the clerk-treasurer’s office to find out when he could pick up his check.
Peters, after all, had accepted the exact same early retirement deal as the firefighters. If they had vacation pay coming, he figured, he must have vacation pay coming, too.
Mayor Ted Franklin insists that’s not the case. He says the money paid to firefighters was a one-time deal, and that any other former city employees who feel they are owed vacation pay are welcome to get an attorney.
The mayor should reconsider his position.
Whether city officials want to admit it or not, the city has set a precedent here.
It settled with seven employees. Why wouldn’t it settle with an eighth? Why make him go out and hire a lawyer to rack up additional expense for the taxpayers to cover?
This is not to say that the settlement was a good deal.
Two police officers and seven firefighters accepted a buyout at the end of 2010. The city wrote them a check for $26,000 and agreed that it would cover their health insurance premiums for up to 13 years.
The firefighters turned out for a city council meeting the next month saying they had also expected a vacation check totalling more than $4,000 apiece. Council members said, “Sorry. That wasn’t part of the deal.”
The firefighters sued. The city refused to settle.
The city’s attorney at the time said vacation pay was earned in the year it was taken. The firefighters left the payroll in 2010, he said, so they weren’t entitled to vacation pay for 2011.
Previous retirees always got accumulated vacation, the former firefighters argued. Maybe so, the council replied, but previous retirees didn’t get a check for $26,000.
And then the administration changed, and a new council majority took office. Franklin, who is himself on leave from the fire department, cashed his own vacation check in June. He asked for the leave in 2012, but he insisted at the time he would have been eligible for vacation pay even if he’d started the leave in 2011.
Three months later, the city cut a check to settle the lawsuit.