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Tuition Perk Loss Handcuffs Deputy Talks

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By LISA A. DAVIS

The Tampa Tribune

Published: May 21, 2008

NEW PORT RICHEY - College tuition reimbursement had for years been a benefit of working full time at the Pasco County Sheriff's Office, but that perk ended last month, adding one more wedge between the sheriff and unionized deputies.

Stuart A. Rosenfeldt, the attorney for the local Fraternal Order of Police, said Tuesday that he plans to file an unfair labor practice complaint this week with the Public Employees Relations Commission regarding the suspended tuition assistance. That benefit was something the union and Sheriff Bob White considered during contract negotiations, Rosenfeldt said.

"It's part of the deal we agreed on," the attorney said. "He's not a man of his word, but we knew that."

Lack of communication between the sheriff and the unionized deputies have been among the FOP's top complaints since the union local formed about two years ago. Union members, who have been working without a contract, have said repeatedly that White does not support his deputies, and Rosenfeldt cited the tuition program as added proof. "The sheriff didn't talk about it with us," Rosenfeldt said. "He just did it."

Wayne L. Helsby, the sheriff's bargaining unit attorney, could not be reached for comment Tuesday.

In a three-paragraph memo dated April 23, Col. Al Nienhuis wrote that employees registering for a college class after that date would be responsible for the cost of books and tuition.

"The economic climate of the next fiscal year continues to be very troubling," wrote Nienhuis, the undersheriff. "We are, for this reason, continuing our examination of the agency for cost-cutting measures. Measures taken today will hopefully reduce or eliminate more drastic measures as we proceed into our next budget year."

During the 2006-07 fiscal year, 60 sheriff's office employees, including several members of White's command staff, took advantage of the tuition and book reimbursement program, receiving more than $70,000 in agency funds. Until the program was suspended last month, 55 employees used more than $52,000 in assistance funds this fiscal year, which began Oct. 1.

Sheriff's spokesman Kevin Doll said there is no more money to give.

"If there's no money left, I don't know where the money would come from," he said.

The tuition program isn't necessarily gone forever, depending on the forthcoming budget, Doll added.

"We'll have to see how that shakes out," he said.

Rosenfeldt said that although the tuition reimbursement fund might have dried up, the sheriff did not talk to the union about cutting the benefit.

"Maybe he can't afford it, but he should've come and talked to us about it and he didn't," Rosenfeldt said.

White must submit his proposed budget for fiscal year 2008-09 to the county commission by June 1.

Last year's budget process was particularly contentious between the sheriff and county officials. White initially had asked the commission for $94 million and received $86 million. Since then, the agency has continued seeing what many considered perks taken away, such as off-duty use of cruisers.

Initially, Rosenfeldt was going to fight that issue but said he realized that personal use of cruisers is legally a discretionary issue left to the sheriff.

The FOP does not have an official contract with the sheriff. An offer White made in March 2007 was rejected 148-1 by rank-and-file deputies and by 93 percent of sergeants and lieutenants. Since then, negotiations have been publicly aired in lawsuits, billboard messages and the media. A special magistrate's recommendations failed to satisfy both sides.

The impasse is mostly over two issues: disciplinary actions and gap insurance. The union wants deputies covered from the time they retire until they become eligible for federal health care benefits.

The final step in the impasse was supposed to be a hearing in March, at which the "acting legislative body" for the sheriff's office was supposed to listen to issues, review negotiations and make a decision. White contends that he is that legislative body and in fact ruled in favor of himself on the issues.

The union filed suit contesting this in Pasco-Pinellas Circuit Court, but the case has since been tossed up to the state's Public Employees Relations Commission, a government watchdog agency for law disputes. A decision from that commission should come by the end of June.

Reporter Lisa A. Davis can be reached at (727) 815-1083 or ldavis@tampatrib.com.

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