By Howard Fischer | Capitol Media Services
Cities can’t pay the salaries of union members or provide them with paid release time unless they actually do something to earn it, the state Court of Appeals ruled Tuesday.
The judges ruled that contracts between the Phoenix Law Enforcement Association and the city violate a provision of the Arizona Constitution that prohibits the gift of public funds. Judge Randall Howe, writing for the unanimous court, said public funds were being paid out with absolutely no obligation on the officers to perform any actual duties that benefit the city.
Comment by David Weissman, Rose Law Group Employment Law attorney
“This case demonstrates a fundamental difference between public and private employers, at least in Arizona. While a private employer would be free to enter into a contract like this with the union representing its employees – whether it makes economic sense – public employers such as the City of Phoenix are under greater scrutiny to be sure they are receiving fair value in exchange for what they pay.
“This makes perfect sense, given that is taxpayer dollars at stake. It will be interesting to see what other public contracts might be challenged based on the court’s ruling in this case.”
