Brothers and Sisters,
This is to update you on the health insurance crisis created by Mayor Abramson. I want to 1st address the issue of where in the contract has the Mayor decided to violate the contract. CONTRACT LANGUAGE: ARTICLE 24 HEALTH INSURANCE Section 1. (A) Metro Government shall pay the premiums (except as limited by subsection B next below to Plan 400 or its AHDS equivalent) for individual, two-party and family hospital and medical coverage for any employee who elects to enroll in the ten (10) plans offered by the Metro Government. (B) Any employee who elects to enroll in Humana Plan 400 or its AHDS equivalent regardless of type of coverage shall pay $10.00 per month in equal amounts per pay period through payroll deduction. The Metro Government shall pay the balance of the applicable premium in excess of the employee contribution. (C) Health insurance coverage, if available, will continue to be provided unless the premium increases for the coverage exceed the highest annual percentage increase for health insurance that the Metro Government has incurred in the five (5) years preceding the effective date of this Agreement. In the event the coverage is no longer available or the premium increases exceed the percentage increase set forth above, either party may reopen this Agreement as to Article 24 only by giving the other party reasonable notice under the circumstances of the reopening. The parties shall mediate this sole issue, and if mediation proves unsuccessful, the parties shall submit this issue alone to a neutral arbitrator for his/her opinion. The parties further agree that the arbitrator's opinion shall not impair the lawful authority of Louisville Metro Government to enter into contracts or determine the personnel policies of Louisville Metro Government. Section 2. Every Louisville Metro Police Officer covered by this Agreement shall be provided with the option to choose between hospital and medical insurance coverage provided for in Section 1. ARTICLE 38 TERM Section 1. This Agreement having been submitted to the Metro Council for its adoption, and having been adopted, shall become effective as of July 1, 2003, and shall remain in effect up to and including June 30, 2004. Should either party desire to terminate this Agreement or to alter any portion of any terms thereof, that party shall notify the other party in writing not less than sixty (60) days prior to June 30, 2003. Section 2. The Louisville Metro Government intends to continue the special employment benefit provisions (fringe benefits) of this Agreement upon expiration of this Agreement during the pendency of good faith negotiations for a new collective bargaining agreement. The Metro Government agrees that such benefits shall not be arbitrarily terminated. Section 3. No employee's salary or fringe benefits shall be reduced, impaired or modified if the Department is merged, consolidated or otherwise combined with any other law enforcement agency. Section 4. Metro Government agrees to provide the Lodge written commitment to begin negotiations for a successor agreement as soon as possible after March 1, 2004. As you can see the contract language is very clear on the issue and the Mayor is very wrong on the issue, just as he was wrong on the very clear language of the law on who collects taxes. The Sheriff does; and the Supreme Court of Kentucky, helped the mayor with his reading lessons of the law, now the court will need to help him and his legal advisor learn to read a contract. All at the tax payers expense, in both cases, the Mayor paid private law firms to waste tax dollars. Brothers and Sisters, the FOP has filed a lawsuit and is seeking injunctive relief. The suit is: 03CI09996 in Jefferson Circuit Court, Division # six (6) Judge Ryan. The injunction hearing is set for December 1st. The date of the hearing is beyond the ending of the open enrollment date. The mayor planned it that way (feel his love), by not allowing us the option to begin open enrollment until mid November. Advice from FOP lawyer Mark Miller on this issue: In the area of the “2004 Employee Benefit Elections” form for the “Medical Plan” section : If you are wishing to maintain your FOP health insurance plan check “No Change At All” . If you are wanting to be in one of the two (2) FOP only health Insurance plans write “Humana FOP KPP 400 or Anthem FOP Blue Access” , in the “medical plan” section. This may result in the Mayor putting you into the least favorable medical insurance plan. If you end up in one of those plans (least favorite), against your will or wishes save your receipts. When the FOP wins the lawsuit, we will then ask for damages from the Metro government (more tax dollars) and your receipts will be needed, we will also ask for attorney fees to be paid by the Mayor on this issue. If whatever choice you make on the form is not the one you wanted or your choice is not shown due to the Metro Government violating the contract, write in “chosen under protest, pending grievance and civil action of the FOP”. I have heard the Mayor say, that he is saving $500,000.00 by making this illegal unilateral slap in the face to the effected members. I find it strange he can say such a thing when the Metro Government did not even bid the Two FOP plans in controversy. I know that you are very upset and distracted by the illegal actions of Mayor Abramson, please maintain your professionalism, stand strong and support each other through this crisis.