Donald Bouchard, Lee Amato, and Dan Lubinsky (Petitioners), Case No. DS-2016-001.; The Petitioners were employed as City of Miami Beach firefighters. While employed, they were members of the City of Miami Beach IAFF Local 1510 (Union). The ...

 

DEPARTMENT OF MANAGEMENT SERVICES

NOTICE IS HEREBY GIVEN that the Public Employees Relations Commission (PERC) has received the petition for declaratory statement from Donald Bouchard, Lee Amato, and Dan Lubinsky (Petitioners), Case No. DS-2016-001. The petition seeks the agency’s opinion as to the applicability of Section 447.501, Florida Statutes (2015), as it applies to the petitioner.

The Petitioners were employed as City of Miami Beach firefighters. While employed, they were members of the City of Miami Beach IAFF Local 1510 (Union). The Petitioners retired in late 2012 or early 2013. The Petitioners allege that, prior to their retirement, the Union president and other Union officials through misrepresentation, fraudulent inducements, and threats persuaded the Petitioners and other senior officers to enter into a three-year DROP period, while concealing the fact that they could be grandfathered into a five-year DROP period. By agreeing to the three-year DROP period, the Petitioners lost employment opportunities and benefits they might otherwise have obtained. The retirement of the Petitioners and other senior firefighters paved the way for every Union board member, but one, to be promoted. The Petitioners discovered the basis of their allegations in late 2014. The Petitioners are seeking a Declaratory Statement by PERC determining: 1) whether these circumstances constitute a violation of Section 447.501, Florida Statutes (2015), which is under the exclusive jurisdiction of PERC; or 2) whether these circumstances are under the jurisdiction of the civil or criminal court system due to the inherent fraud, fraudulent misrepresentation, breach of fiduciary duty, and civil conspiracy. Except for good cause shown, motions to intervene by persons whose substantial interests may be affected by the disposition of the declaratory statement must be filed within twenty-one (21) days after publication of the notice in the Florida Administrative Register. Persons whose substantial interests may be affected may file a petition for an administrative hearing.

A copy of the Petition for Declaratory Statement may be obtained by contacting: The Clerk, Public Employees Relations Commission, 4708 Capital Circle NW, Suite 300, Tallahassee, Florida 32303-7256

Please refer all comments to: The Clerk, Public Employees Relations Commission, 4708 Capital Circle NW, Suite 300, Tallahassee, Florida 32303-7256.