Wednesday, January 20, 1999
Second 911 operator gets job back
City manager astounded by arbitrator
BY TIM BONFIELD
The Cincinnati Enquirer
Angela Gibson
|
The city of Cincinnati must rehire a second 911 operator fired in connection with delays responding to the fatal shootings of two police officers, an arbitrator ruled Tuesday.
The ruling is the second in two weeks — by different arbitrators — that the city erred in firing the operators.
The decisions angered City Manager John Shirey, who said he would appeal the normally binding arbitration because the two rulings seem to contradict each other.
Rulings for each operator blamed the other one for the 47-minute delay Dec. 6, 1997, responding to the shootings of Officer Daniel Pope and Spc. Ronald Jeter.
Tuesday's ruling involved Angela Gibson, the operator who received the initial call that two officers had been shot. She failed to dispatch help.
On Jan. 5, a separate arbitrator ruled her supervisor, Eugenia Boiman, should be reinstated, (STORY) saying she was being made a scapegoat because of Ms. Gibson's mistakes.
The operators were fired last year after a police internal investigation blamed them for the delay in responding to the shootings at a Clifton Heights apartment.
The operators' union, the American Federation of State, County and Municipal Employees, appealed the firings — and won.
Normally, binding arbitration is just that — binding. But in a twist to this controversy, the city intends to appeal the rulings because different arbitrators each blamed the other 911 operator for causing the communications mix-up.
“I just can't believe how this is turning out. Obviously, both arbitrators can't be right,” Mr. Shirey said. “Normally, arbitration is supposed to be binding. But I'm going to question that now, because these decisions make no sense.”
Earlier this month, an arbitrator ruled Ms. Boiman must be rehired, with full benefits and 10 months of back pay. A crucial part of her defense was that she couldn't be blamed for mistakes the arbitrator agreed were made by Ms. Gibson.
Now, a different arbitrator has ruled in favor of Ms. Gibson, who also can return to work immediately and collect back pay. According to Mr. Shirey, the new ruling alleges Ms. Boiman was to blame for failing to properly follow procedures.
The entire episode has strained relations between police officers and 911 dispatchers.
In a statement Tuesday night, Keith Fangman, president of the Fraternal Order of Police, said “The FOP has said all along it supports due process in disciplinary cases for all city employees. However, it doesn't mean we have to agree with the arbitrator's decision in this particular case. But it is binding and final.
“There are a number of officers and citizens who feel a lack of confidence and trust in this employee. And that confidence is going to take some time to re-establish itself.”
The night of the shootings, Ms. Boiman, 39, canceled a run to the address where the officers were shot because she thought it was a duplicate call.
In Ms. Boiman's case, the arbitrator said: “The evidence is persuasive that said failure by call-taker Gibson to follow the procedures clearly led to all of the confusion and as a result it was reasonable for (Ms. Boiman) to believe that the calls were related.”
The text of Ms. Gibson's arbitration ruling was not available Tuesday night.
Mr. Shirey said the state arbitrators have second-guessed his decisions, yet have no idea what is best for public safety in Cincinnati.
“It is high time that arbitrators held employees responsible for their actions instead of letting them point fingers at each other,” Mr. Shirey said.
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