Contract talks have broken down almost before they had a chance to start between the city of Portland and the police union in a dispute over who’s sitting at the negotiation table.
A city attorney late Wednesday took legal action to bar Anna Kanwit, Portland’s former human resources manager, from continuing in her role on the union’s bargaining team.
Kanwit retired in November 2017 and was closely involved in most aspects of the city’s prior negotiations with the police union. The Portland Police Association hired her to serve as a union “consultant and negotiator.’’ She has her own business called Constructive Solutions LLC.
The union earlier Wednesday filed an unfair labor practice complaint against the city with the state Employment Relations Board.
“After only a short bargaining session, the City has already broken its promise to bargain in good faith,’’ union president Officer Daryl Turner wrote in a statement to union members. “What the City is up to is clear: The City wants to bully a member of the PPA’s bargaining team out of the way. I believe the City fears the PPA. I also believe the City is scared of Ms. Kanwit. Or, perhaps the City is scared to live up to its words.’’
The union complaint argues that the city has no right to decide who can be on the union’s bargaining team.
Portland’s Chief Deputy City Attorney Heidi Brown contacted Kanwit last Friday and informed her that the city objected to her work on behalf of the union and likely would take some type of legal action if she didn’t withdraw, the complaint says. Brown contacted Kanwit a second time on Tuesday, the complaint says.
The city is seeking an immediate injunction in Multnomah County Circuit Court, alleging Kanwit has breached an agreement with the city that she wouldn’t disclose confidential or sensitive information, even after she left her city job.
The city has asked a judge to prevent Kanwit from “advising, consulting with, negotiating on behalf of, and providing any other kinds of assistance or work” for the police union, Deputy City Attorney Fallon H. Niedrist wrote.
The city is concerned that Kanwit has used and disclosed information to union members and their lawyer in violation of state law, a city rule and contractual nondisclosure provisions.
The city cites a state law that says a public official can’t use or benefit financially from business obtained as a result of their official position or office.
The court filing references a city document Kanwit signed in October 2011 called a “Records Security Form,” which says that “even after termination of my employment,” she’s not to disclose to anyone any confidential or sensitive information, documents or material of any kind obtained through her city job, without the authorization of the city’s human resources director.
City lawyers argue that Kanwit’s experience bargaining for the city in the past “would be indispensable” to the union “to gain bargaining advantage over the City,” according to their court filing.
The union said in its complaint, “The City’s assertions are baseless.” The city hasn’t identified what sensitive city information Kanwit possesses or has disclosed to assist in the union’s negotiations, according to the union.
The two sides met for the first bargaining session on Feb. 7 to set ground rules for the talks. Kanwit sat beside Turner at the union’s bargaining table.
The union complaint demands the city cease interfering with the makeup of the union’s bargaining team and face a civil penalty or fine of $1,000 for each violation.
While Kanwit sat with the police union, Robert King, former president of the Portland Police Association, also attended the talks, sitting in the public section and in the city caucuses as the public safety policy adviser to Mayor Ted Wheeler.
In 2017, the city of Portland agreed to pay Kanwit $195,000 to step down as head of the Bureau of Human Resources after 5 1/2 years in the post. Wheeler moved to replace her with the Human Resources Bureau’s assistant director, Serilda Summers-McGee.
The city hired labor lawyer Steven Schuback to serve as its lead negotiator with the Portland Police Association. Schuback is a former Multnomah County prosecutor who entered labor law in 2002 and is currently a lawyer with the management labor and employment law firm Peck Rubanoff Hatfield in Lake Oswego.
The two sides are set to meet for their second bargaining session from 9 a.m. to 3 p.m. Feb. 24 in the Portland Building’s Room 108. The city-hosted session is open to the public.
— Maxine Bernstein
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