University Daily Kansan / Thursday, February 1, 1990
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Firefighters lose city contract battle
By Kathryn Lancaster
Kansan staff writer
A work agreement between the city of Lawrence and Lawrence firefighters is not legally binding, a district judge rued Monday.
The ruling allows the city to continue using a "memorandum of understanding", which is similar to a contract but legally non-binding, to establish employment conditions for public employees.
The opinion was released yesterday to attorneys representing the city and the firefighters.
District Court Judge Ralph M. King Jr. wrote, "It is clear the City can do what it chooses to do legislatively, and the firefighters are unable to bargain for an enforceable contract."
Firefighters had asked the court to rule that the city's memorandum was a contractual agreement that violated the Kansas Cash Basis Law. The law prohibits cities from signing most cash contracts for more than one year.
They also asked that the city be forced to accept a one-year contract proposed by firefighters rather than the proposal presented by the city staff.
The city argued that their memorandum was not a contract and not legally binding.
Granting the city's motion for summary judgment, the court said the city was morally but not legally obligated to adhere to the memorandum.
John Frieden, the attorney representing the International Association of Firefighters Local 1596 and two other firefighters, that because
'It is clear the City can do what it chooses to do legislatively, and the firefighters are unable to bargain for an enforceable contract.'
Ralph M. King Jr.
district court judge
of this ruling no agreements between the city and a public employee were valid.
"Any agreements between them are non-binding by either side." Frieder said. "Public employees have historically wanted the same security as do those in the private sector."
Although non-binding, city officials are they would continue to honor the award.
Mike Wilden, acting city manager, said the city had used memorandums in place of contracts for a construction job and no plans to change the system.
"We're not looking at any change in the process," Wilden said.
Russell Brickell, president of firefighters local 1596, said he had not seen the ruling and wanted to discuss his lawyer's options with the union lawyer.
"Does this agreement mean anything or not?" Brickell asked. "We want the city to give us the rights. The city does not have to live up to this agreement but we do."
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