HCPOA NEWS
Budget Chief Can Be Deposed In Unions' Lawsuit Over Furloughs
Feb 24, 2009 (01:02:56)
« Back to Previous Page | News Index
In a small victory for the unions, U.S. District Court Judge Alex Williams ruled last week that Jonathan Seeman, the Prince George's County budget director, can be deposed in the unions' lawsuit against the county over mandatory furloughs.
Raj Kumar, a county attorney, asked Williams to reject the unions' request, but Williams denied the motion. The union has 30 days to gather information from Seeman.
Vince Canales, president of Fraternal Order of Police Lodge 89, and Glenard S. Middleton Sr., executive director of Council 67 of the American Federation of State, County and Municipal Employees, said they were pleased with the hearing's overall outcome. Williams did not make a final ruling in the case.
The unions allege that the county violated their collective bargaining agreements by imposing furloughs. They also question whether the furloughs were warranted, given the funds the county has in reserve.
Kumar said if the county used the money in reserve to compensate furloughed employees, its reserves would be depleted.
"If we were to spend all of our money to address the shortfall, we'd be totally broke for 2010," Kumar said.
He said Prince George's is like many jurisdictions and states across the country that are waiting for money from the federal stimulus package to avoid layoffs and other measures.
Williams asked Kumar whether County Executive Jack B. Johnson (D) and the County Council members would be affected by the furloughs. Kumar said the state constitution prohibits their salaries from being reduced.
"Well, according to the collective bargaining agreement, [the unionized employees'] salaries cannot be reduced either," Williams said. "What's the difference?"
He asked Bruce Lerner, the police union's attorney, if he was arguing that there was no fiscal emergency in the county.
Lerner said, "If you have reserve funds, you spend the reserve funds. If you or I are laid off and you have money in the bank, you spend the money in the bank." Lerner is seeking to depose Seeman to learn more about the county's reserve funds.
Joel Smith, an attorney for AFSCME, said that the county had predicted its bleak financial future but still entered into contracts with the unions. He said the county has to honor its agreements.
The police and county employees' unions represent about 90 percent of the 5,600 employees forced to take the unpaid leave.
By Ovetta Wiggins and Nelson Hernandez
Washington Post Staff Writers
Thursday, February 19, 2009; PG03
