Wayne County Circuit Court Rules Executive Bob Ficano's 20-Percent Pay Cut "Invalid" in Major Victory for Employees

Court rules Ficano violated the law.  County on the hook for potentially millions in back pay and benefits

DETROIT, Aug. 26, 2011 /PRNewswire-USNewswire/ -- Wayne County employees won a major victory today when a circuit court judge ruled Wayne County Executive Bob Ficano could not impose wage cuts.

Judge John A. Murphy's decision for the employees invalidates "Ficano's imposition of the last best offer as it fixes the rate of compensation for county employees, including fringe benefits, per diem rates and lump sum payments in lieu of reimbursed expenses," because the executive implemented the cuts "without the approval of the Wayne County Commission."

"This court declares that under the Wayne County Charter and ordinances, to be lawful, any mandate that fixes the rate of compensation for county employees, including fringe benefits, must have the approval of the Wayne County Commission," Murphy wrote.

The suit was brought by Michigan AFSCME Council 25 and AFSCME Locals 25, 101, 409, and 1659.

"This is a major victory for the working families of Wayne County," said Al Garrett, President of Michigan AFSCME Council 25.  "The Wayne County Executive has learned a fundamental difference between his job and that job of a CEO in a privately held company.  Namely, you cannot unilaterally decide to cut peoples' paychecks just because you feel like it.  If you do, you will be held accountable."

Indeed the court noted that "AFSCME employees do not work exclusively for the County Executive.  They are employees of Wayne County and as such, the County Commission…has ultimate authority through the Charter and county ordinances to approve changes in pay rates.  As a result, the December 1, 2010 unilateral imposition of the last best offer…is invalid."

The ruling means the county owes working families money from the illegal pay cut.

"We intend to get every penny Bob Ficano owes the working men and women at the county.  The county executive's illegal action took money away from families who needed it to do everything from pay the house note to buy baby food.  Somebody needs to be held accountable for the unnecessary pain caused by this illegal action," concluded Garrett.

SOURCE Michigan AFSCME Council 25, AFL-CIO

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