UPDATE: Police union seeking judgement against city, city manager

The City of Maricopa Police Association is preparing to file for summary judgment in a suit it filed in October 2009 against the Maricopa City Council and the city manager. Editor’s note: Richard S. Cohen, an attorney representing the city of Maricopa, responded to COMPA’s petition for summary judgement.

“We are working on the paperwork and should have the petition for summary judgment filed by early this week,” said COMPA’s lawyer, Martin Bihn.

The suit alleges city council and City Manager Kevin Evans violated the city’s meet-and-confer ordinance by holding unauthorized talks while attempting to structure a labor contract with the union.

The ordinance was established in 2008 by the city of Maricopa to allow an employee or their representative to meet and confer with the city manager regarding wages, hours, benefits and other conditions of employment.

The ordinance prohibits any contract discussion with the city or news media from the time negotiations begin until the date and time set for hearing before council.

“Evans met at least three times with the city council to discuss the contract negotiations,” Bihn said “This is a clear violation of the city’s ordinance.”

The suit cites two e-mails between Evans and COMPA President Aki Stant, including one in which Evans states he needs to prepare a counter to the proposed contract between the city and the police department and take it back to council for an executive-session review.

In addition, the complaint includes a city council agenda that details the group adjourning to executive session with the city manager to discuss the contract.

COMPA originally brought these concerns to the city council’s attention and requested mediation in August, but according to Stant in an October 2009 interview, the city refused, claiming that COMPA “gave permission” for Evans to violate the ordinance.

“Nothing could be further from the truth,” Stant said. “As police officers, we are trained to uphold the law; COMPA never agreed to allow Evans to violate this ordinance.”

The special-action lawsuit seeks a court order compelling Evans, the city of Maricopa and its council to comply with the provisions of the meet-and-confer ordinance.

“We want the negotiation process to start anew,” Bihn said. “I don’t think this was an intentional move by the city manager, but more along the lines of him not knowing the ordinance.”

Richard S. Cohen, an attorney representing the city, commented on COMPA’s action. “We are confident that neither the city manager nor any member of the city council violated the city’s meet-and-confer ordinance,” Cohen said. 

“It is disappointing and surprising that COMPA’s attorney has chosen to raise issues in the media relating to the lawsuit it filed five months ago, after doing nothing to move the case forward since filing the special action,” Cohen said. “If, in fact, COMPA’s attorney does decide to file a motion, the city will welcome the opportunity to have the issues presented to the court, because it is also confident that it will prevail.”

Photo by Michael K. Rich