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Union files grievance over Buffalo’s take-home vehicle policy

By Brian Meyer
Buffalo News

BUFFALO — Buffalo’s police union is fighting Mayor Byron W. Brown’s decision to slash the number of take-home vehicles in city government.

The case will go before a judge Monday, on the same day 20 employees in the Police Department are scheduled to lose take-home car privileges.

The mayor made it clear Friday he is not backing down from last week’s edict that shrank Buffalo’s take-home car fleet by 41 percent.

“While I respect the work of all our police officers, past practice should not be any reason to continue practices that don’t work,” Brown told The Buffalo News after learning that the police union has filed a grievance.

“The take-home vehicles that we have returned are not necessary and essential to the operation of our Police Department,” Brown continued. “As such, we feel that the return of these vehicles is completely justified.”

Brown announced July 3 that as part of a plan to control city energy costs, he was taking away 35 take-home vehicles. Prior to the decision, there were 85 administrators, supervisors and other personnel who had 24/7 use of city vehicles at taxpayers’ expense. The crackdown will reduce the number of take-home vehicles to 50. Under the old policy, 50 captains, lieutenants and other members of the Police Department had unmarked take-home vehicles. Effective Monday, the number will shrink to 30.

City Hall’s top lawyer confirmed Friday that the Buffalo Police Benevolent Association has filed both a lawsuit and a union grievance challenging the mayor’s decision to downsize the take-home car fleet. Alisa A. Lukasiewicz said attorneys will appear before Erie County Court Judge Timothy Drury Monday. Police union President Robert P. Meegan Jr. did not return repeated calls seeking comment. But in court papers, the union argued that the city should not be permitted to take away the vehicles until an arbitrator can review the case. The grievance maintains that because certain members of the Police Department have been provided city take-home vehicles for many years, the perk represents a benefit that cannot be eliminated without mutual agreement.

In the court papers, the union insisted that law enforcers with take-home vehicles are on call at all hours, including detectives in the Evidence Unit.

“The individuals assigned to the unit are called out literally hundreds of times during each calendar year, and on some weekends repeatedly each day of the weekend,” the lawsuit read.

The union document also noted that some employees with take-home cars live outside the city -- some more than 30 miles from work. Under state law, Buffalo’s police officers do not have to live in the city.

Lukasiewicz said the city is prepared to defend its actions involving take-home cars.

“The elimination of the take-home vehicles was a cost-saving effort by Mayor Brown that will not compromise public safety,” Lukasiewicz said.

She added that the judge Friday refused to issue a temporary restraining order that would have barred the city from taking away vehicles under the case is resolved in court.

Copyright 2008 The Buffalo News