*Authorize Settlement Agreement with Portland Fire Fighters’ Association, International Association of Fire Fighters Local 43 to resolve a grievance

The City of Portland ordains: Section 1. The Council finds: The City of Portland (City) and the Portland Fire Fighters’ Association, IAFF Local 43 (PFFA) are parties to a Collective Bargaining Agreement, effective July 1, 2023 – June 30, 2027 (the CBA). PFFA is the sole and exclusive bargaining representative for all sworn personnel of PF&R, including the Grievant. Or November 6, 2022, the Grievant was arrested on criminal charges. On or about the same day, PF&R placed the Grievant on paid administrative leave. On November 14, 2022, the Grievant was indicted for a Measure 11 felony charge. On or around the same day, PF&R placed him on unpaid administrative leave. PFFA filed a grievance on December 1, 2022. In its Step 2 grievance, the Union claimed the City violated Article 12 – Existing Conditions, by unilaterally placing the Grievant on unpaid administrative leave, and Article 26 – Discipline, alleging the unpaid administrative leave was effectively discipline based on an unproven allegation. The City denied the grievance, contending that the placement of the Grievant on unpaid administrative leave was a management right, consistent with the principles of just cause and due process, and did not violate any provisions of the CBA. PFFA submitted the grievance to arbitration. On or around August 15, 2023, prior to any criminal trial and not as part of any plea agreement, all criminal charges against the Grievant were dismissed. On or around August 15, 2023, the City returned the Grievant to paid administrative leave status. On or around October 26, 2023, after a complete investigation, which resulted in “not sustained” findings for all allegations, the City returned the Grievant to work. Prior to arbitration, the parties agreed to resolve the PFFA’s grievance on the following terms: The City will treat the Grievant as if he had been on paid administrative leave from December 17, 2022 through August 14, 2023, which equates to $68,336.93, and will pay the cost of the associated benefits, as outlined in Exhibit “A.” PFFA withdraws the Grievance with prejudice. The parties agree that Settlement Agreement is based on the unique facts of this situation and each party is compromising to come to agreement. As such, the Agreement is non-precedent setting and neither part will use it as a basis for future settlements. NOW, THEREFORE, the Council directs: The City Council approves the Settlement Agreement attached to this ordinance as Exhibit A as well as payment of the monies referenced therein. This ordinance is binding City policy. Section 2. The Council declares that an emergency exists in order to promote labor peace by the orderly implementation of the provisions of the settlement agreement; therefore, this Ordinance shall be in full force and effect from and after its passage by the Council.