The Moberly city administration refuses to retract a written reprimand to fire department employee or rescind an interoffice memorandum sent within the department.
The refusal came in a response to a letter from the International Association of Fire Fighters, which claimed that Moberly firefighters were having their First Amendment rights violated by city policies.
The reprimand was a standard personnel procedure and the memo was simply a reminder to firefighters to not engage in political activity while on city time and no free speech violations were made in either case, the response stated.
Moberly firefighter Seth Truesdell was wrongfully reprimanded giving his opinion on the installation of a new garage door at the Fire Station No. 1 to the Historic Preservation Commission and a city building inspector, according to a letter sent by IAFF General President Harold Schaitberger.
The city's response letter, written by attorney Michael Gallagher, stated that Truesdell called Building Inspector Aaron Decker and said he and other firefighters were opposed to changing the fire door, and inquired how to stop the change with the Historic Preservation Commission.
The firefighters preferred the old doors, which did not cause them to feel "cooped up" and created a "brighter" work environment, the letter reads.
"If the individual were speaking as a citizen regarding a matter of public concern, the speech would be protected," Gallagher wrote. "However, the firefighter in this instance, was speaking for the firefighters about the aesthetics of his work environment and not as a citizen addressing a matter of public concern."
Decker felt he was being pressured to overrule the decision to change the firehouse doors, according to the city's letter.
Truesdell also contacted members of the Historic Preservation Commission in an attempt to circumvent the decision made by Moberly Fire Chief Albert, Gallagher wrote.
Any fire department employee who has issue with building and structures of the fire department should address matters to Albert, the letter states.
"We believe the disciplinary write-up given to Mr. Truesdell is an appropriate exercise of discipline in this instance," Gallagher wrote. "(The IAFF) suggestion that the employee was merely exercising his First Amendment rights... misses the mark."
The initial letter from the IAFF also references a memo sent to the fire department. IAFF District Representative Kurt Becker claimed the memo was meant to chill the free speech by not allowing firefighters to promote or endorse political candidates.
The memo refers to a city policy that prohibits all city employees from participating in local political activity while on duty, in uniform or on city property.
"Please be advised a remember that the City of Moberly Fire Department cannot come out speak for or against any person running for election," Albert wrote in the memo. "With that being said this department or city is not prohibiting any municipal government employee in expressing their political views."
The memo was not sent in response to any specific incident or individual, but just as a reminder of the rules, City Manager Brian Crane said. Because Local 2671 had not heavily participated in prior local elections, the memo was sent to make sure all employees were aware of that particular policy, Crane said.
"We were seeing that the union, for the first time that we've ever seen, was starting to get involved in elections with their endorsement of the candidates," Crane said. "... (The memo was) just saying, 'Hey, make sure you follow the policy, and on our time, don't conduct in these activities'. ... It was a way for (Albert) to make sure they didn't get in trouble and realize what they policy says."
City administration has no sway on an employee's political activity while they are not working, including candidate endorsements or yard signs, Crane said.
In a response the Monitor-Index's initial article concerning the IAFF letter, Moberly Public Relations Specialist Emily Goyea-Furlong responded with several clarifications, including those involving the ongoing negotiations between the Local 2671 and the city.
City negotiators have not agreed to the firefighters' request to require just cause for terminating their employment, but that is applicable to all city employees, according to her response.
"Should the city elect to negate this position it could put the city, and its taxpayers, at additional risk for civil liability," Goyea-Furlong wrote.
She also referenced the public-sector bargaining ordinance passed by the Moberly City Council in November, which adopted Missouri House Bill 1413, a statewide public-sector bargaining law passed last year, into the city code.
While certain provisions of HB 1413 were stayed in the St. Louis County Division 17 court, those provisions only referred to non-public safety unions.
She wrote that Moberly's ordinance is similar to an ordinance adopted by Grandview. The Missouri Court of Appeals, Western District, found that the Grandview Ordinance was not in violation of the Missouri Constitution.
"The city recognizes, and welcomes, its obligation to bargain in good faith and it will satisfy that obligation," Goyea-Furlong wrote. "However, the city has an obligation, and recognizes it is under budget constraints, and must negotiate a deal that will not increase the burden to citizens and taxpayers."
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