Thompson,Smith ATTORNEYS

Woolf, Anderson
Stevan H. Thompson Marty R, Anderson
Wilkinson (Si.Birch Curfis R. Smith Dennis P. Wilkinson
ATTORNEYS PLLC Aaron J. Woolf Barton J. Birch [licensed in id&wyi

May 5,2017

Chief Mark McBride

Idaho Falls Police Department
605 N. Capital Avenue
Idaho Falls, Idaho 83402 VIA U.S. Mail and Facsimile: (208) 612-8664

City of Idaho Falls Human Resources

380 Constitution Way
P.O. Box 50220
Idaho Fails. ID 83405 VIA U.S. Mail and Facsimile:(208) 612-8321

Re: Notice of Grievance in Accordance with City of Idaho Fails Personnel Policy
XXIX

Dear Chief McBride:

This letter is to notify you that this office represents numerous Idaho Falls Police Officers
(listed below) in regard to actions taken by employees and supervisors with the City of Idaho Falls
related to their employment. The actions complained of within this grievance resulted from a chain
of events culminating on or around May 1, 2017 when the civil service system each was hired
under was abolished by the City of Idaho Falls.

Recommendations were made by a number of employees and supervisors with the City of
Idaho Falls to the city council leading to the ultimate decision. As a result of that decision, which
upon information and belief, was based upon false and misleading data and conclusions, my clients
have suffered the loss of employment protections, due process, classification and status.

As you know a "grievance" as defined by section XXIX A., of the City of Idaho Falls
Personnel Policy Manual provides an avenue for employees of the city the opportunity to resolve
disputes without judicial intervention. Section XXIX B.. provides that employees may file a
grievance if:

1. A disciplinary action has been taken against an employee;

2. An action has been taken against an employee resulting in unfair treatment;
3. There is a dispute regarding the terms and conditions of this policy; or
4. If there is retaliation as a result of any action taken by a superior that violates public
policy or law.
IDAHO FALLS OFFICE DRIGGS OFFICE
3480 Merlin Drive P.O. Box 65 j 65 S. Main #2
Idaho Falls, ID 83404 Driggs, ID 83422
TEL 208-525-8792 fax 208-525-5266 tel 208-354-01 10 fax 208-354-01 15
Chief Mark McBride
May 5, 2017
Pasie -2

The issue presented herein is based on (2)above in that actions have been taken against the
below listed officers resulting in unfair treatment. The recommendation to abolish the civil service
system led directly to that action being taken by the city council, resulting in a significant change
in the status of the officers' employment. Rule VII1 of those civil service rules, for example,
provided that officers under the classified civil service system were not ''at will" employees as set
forth in the City of Idaho Falls Personnel Policy Manual, rather they could only be terminated for
cause.

This fundamental change in their employment agreement was taken from them without a
hearing or the opportunity to be heard. The City of Idaho Falls may argue that it followed the
provisions of Idaho Code 50-1601 in abolishing the system. This ignores the fundamental rights
of the affected employees.

For purposes of investigation there are a number of representations made requiring

investigation. Some of those representations are:

1. That the civil service system causes undue overtime;

2. That the civil service system results in additional costs to tax payers;
3. That the civil service system is responsible for inefficient hiring of officers;
4. That all of the protection afforded the officer by civil ser\dce are provided for in the
City Personnel Policy Manual; and
5. That the civil service system hampers the ability of the city to promote officers.

It is believed that these representations were made to the city council without actual data in support.
It is of grave concern to the affected officers that such representations were relied on culminating
in their loss of rights. Offurther concern, as mentioned above, is that rights were taken from them
without the opportunity to be heard.

The grievance is hereby lodged on behalf of the following officer:

1. Aaron Murdoch
2. Anthony Cox
3. Bart Whiting
4. Brad Landes
5. Brandon Harkness
6. Brandon Prince
7. Brandon Storer
8. Brian D Smith
9. Brian Trimble
10. Charlene Rumsey
11. Chris Reed
12. Christopher Hendry
13. Cory Hart
14. Dan Godfrey
Chief Mark McBride
May 5,2017
Page -3

15. David Barker

16. Dax Siddoway
17. Dustin Ho well
18. Earl Laughter
19. Erie Andersen
20. Erie Rose
21. Gabe Klepich
22. Garren Kelly
23. Jared Mendenhall
24. Jason Hendrian
25. Jason Miller
26. Jeremy Galbreaith
27. Jessica Marley
28. Joel Tisdale
29. John Marley
30. Jon Baird
31. Jon C Johnson
32. Jose Abreo
33. Jose Hernandez
34.Josh Deede
35. Justin T. Gramm
36. K. Douglas Christensen
37. Kevin Goms
38. Kyle Christopherson
39. Lindsey Marie Er\'in
40. Lori Posey
41. Malin Reynolds
42. Mark A. Goodman
43. Mitchall Bierma
44. Patrick McKenna
45. Preston Littlewood
46. Rik Lainhart
47. Sage Albright
48. Seott Killian
49. Scott Ockerman
50. Shane Kaiser
51. Shawn P. Williams
52. Spencer Steel
53. Stephen A very
54. Stetson Belnap
55. Timothy Henze
56. Timothy K. Downs
57. Treena Strong
58. Tyler Howard
Chief Mark McBride
May 5, 2017
Page -4

Pursuant to the grievance policy we would request your review of the issues presented.
Please relay the results of your investigation and any further communication to this office. If there
is additional information you need from us, please let me know.

Sincerely,

Dennis P. Wilkinson

DPW/rb