Chief Rubin:
Pursuant to Ms. Valentine's email below, AFGE Local 3721 hereby demands that you:
1. Immediately cease and desist requiring civilian employees represented by this Local, to utilize the Police and Fire Clinic as their disability compensation treatment provider.
2. Immediately rescind, in writing, all FEMS policies and procedures that require civilian employees of the Agency represented by this Local, to utilize the Police and Fire Clinic as their disability compensation treatment provider.
3. Inform, in writing, all of the Agency's supervisory staff and Uniform Fire Officers, that the civilian employees are no longer required to utilize the Police and Fire Clinic as their disability compensation treatment provider.
A group email to all department employees, copied to my Union email address, will suffice to show your compliance with the Local's reasonable request, given Ms. Valentine's statement below, and the law, as it is currently constructed. (Specifically DC Code §1-623 et. seq.)
Thank you for your attention to this matter.
Regards,
Kenneth Lyons
President
AFGE Local 3721
6930 Carroll Avenue, Suite 1040
Takoma Park, MD 20913
(202) 882-9820 Office
(301) 742-2461 Cell
Begin forwarded message:
From: Valentine, Kelly (EOM) [mailto:kelly.valentine@dc.gov]
Sent: Wednesday, May 20, 2009 5:34 PM
To: Moir, Thomas (COUNCIL)
Cc: Faust, Jeremy (COUNCIL); Poydras, Monique (EOM); Howell, Sharon (EOM)
Subject: RE: Office of Risk Management Issues
Hi Tom,
Unfortunately when I testified that the document did not say “require” I was unaware that it actually said “required”. Although the MOU was signed on April 3rd, once we realized that the provision mandated the PFC, we put the process on hold pending further discussion with FEMS and the PFC. We met on May 6th with the PFC medical staff as well as senior FEMS personnel to establish a process that DOES NOT violate the ‘choice’ issue but still allows FEMS/PFC to coordinate the treatment and expeditious return to work of their employees.
In the meantime, as stated, the FEMS employees are not required to only use the PFC and we are closely monitoring our claims personnel to identify any complaints. FEMS is having the DCP governing regulations reviewed by their General Counsel to determine how we can accomplish the overall intent.
If you would like an amendment to the testimony, I can do so but I think the information stated above clarifies my position and is consistent with my intent not to require discriminatory practices for FEMS personnel.
I hope this helps and we will continue to keep you posted as we continue to meet with FEMS and the PFC to resolve.
Kelly