Arbitrator: Fired Clark County firefighter Munn must be rehired

Donald Munn, the poster boy for Clark County's battle against sick leave abuse by firefighters, won an arbitrator's decision to get his job back Tuesday.

While it remains unclear exactly what Munn could get from the ruling, the decision will cost the county at least hundreds of thousands of dollars in back pay, benefits and legal compensation for Munn.

The decision was released almost a year to the date of Munn's firing in a case that drew disparagement of firefighters, seen by critics as overpaid public servants who gamed the system.

In his May 9 ruling, arbitrator Michael Rappaport wrote that he wasn't convinced Munn abused his sick leave and ordered Munn be reinstated.

"It vindicates me," Munn said. "That's the thing I was really upset about. I worked for these guys for 18 years with no problems, and all of a sudden, out of 700 guys, I'm the guy that abuses sick leave?"

Munn, 58, an 18-year veteran of the department who worked in the Laughlin station, said he followed the rules for taking time off to help his wife care for their adopted son, Brian, who has developmental issues caused by alcohol syndrome that can lead to violent outbursts at times.

Rappaport wrote that "the fluid and unpredictable situation involving Munn's son means it was all the more difficult for the county to be able to provide convincing proof to the arbitrator that on days which the county regarded Munn's use of sick leave to be questionable, they were, in fact, questionable."

Though disappointed, county officials don't believe the ruling will undermine all their efforts to rein in perceived abuse, in part because they've tightened up the rules for taking sick leave. What's more, a challenge of another Fire Department firing is still alive.

A DROP IN SICK LEAVE USAGE

In an email to the County Commission on Tuesday, Assistant County Manager Ed Finger called the ruling "extremely disappointing."

"County management believes the fire chief acted in a way consistent with our responsibility to maintain a workplace characterized by honesty and accountability," Finger wrote. "However, this ruling demonstrates our limitations in making such decisions."

Fire Chief Bertral Washington, who fired Munn last year, said he respects the ruling.

"I took the action that I took, and I thought it was an appropriate action, but I'm not the final voice," Washington said. "The arbitrator is. ... I believe I had enough evidence of abuse, and I took the action I felt was appropriate."

That evidence included emails from Munn to colleagues in June 2010 about his plans to leave for the summer using sick leave and vacation time. The co-worker asked how someone can get the entire summer off.

"Between being sick & vac it will seem like most of the summer," replied Munn, who had used 333 hours of sick leave in 2009.

During the time of the email, Munn worked seven out of 18 scheduled shifts from the beginning of June to the end of August 2010. He called in sick 11 times and took 15 vacation days during that time.

Rappaport's decision differs from an arbitrator's ruling in January 2011, which favored the county in a union contract dispute and highlighted firefighter emails as proof of sick leave abuse.

Commissioner Steve Sisolak ve­hemently disagreed with Rappaport's ruling.

"If those emails were not clear and convincing, that arbitrator cannot tell the difference between day and night," Sisolak said.

He pointed to a drop in sick leave usage by 57,000 hours, in the two years county officials have questioned whether some were abusing the system, as additional proof of wrong­doing.

"The abuse that occurred has caused this reduction to come about," he said. "I think the arbitrator was totally out of touch. I don't know what you have to do to get fired."

CHANGING THE CULTURE

Commissioner Chris Giunchigliani said the decision showed the case became more about winning for the county rather than "changing the culture of the way we do stuff." She and other commissioners have cautioned against painting firefighters with a broad brush, citing the allegations were against a few.

"We didn't show we had been harmed," Giunchigliani said. "We had these emails to show a possibility, but you have to prove beyond a reasonable doubt that someone did something, not just suspect they did something, just like in court."

A county audit of sick leave usage included emails among firefighters, which appeared to show some scheduling sick time in advance.

If one firefighter called in sick, another could fill in and receive overtime, which is worth 1.5 times regular pay, or callback pay, worth overtime and a retirement account payment, county officials said.

Munn is one of two firefighters who lost their jobs after an internal county investigation into sick leave abuse and ended up in arbitration.

The other is Battalion Chief Renee Dillingham, who could not be reached for comment.

Munn said he talked to Dillingham Tuesday, and she "wished me well, and she hopes her decision comes back the same."

UNION REPRESENTATION CRITICIZED

Munn said he is disappointed in the firefighters union, Local 1908, which did not represent him in arbitration but represented Dillingham.

"They turned their back and walked away from me," Munn said. "It was the saddest thing in my life. They're supposed to help people."

Ryan Beaman, fire union president, contends Munn was retired, making him ineligible for legal representation under the fire contract.

County and union officials have tightened sick leave rules since the controversy erupted.

According to the contract, sick leave is only for "bona fide illness/injury of the employee or a member of his/her immediate family."

The new contract states that after five unexcused absences, a firefighter is subject to proving the sickness with a doctor's note. More than five unexcused absences in a calendar year can result in the forfeiture of sick leave, which was not included before.

Rappaport wrote that Munn violated a policy for using work computers to tell a co-worker how to call in sick on days he had previously scheduled for vacation. For that, he will receive a written reprimand.

As for Munn's return to the department, Washington, the fire chief, said he'll be "welcomed just like any other employee."

Contact reporter Kristi Jourdan at kjourdan@reviewjournal.com or 455-4519.