York County commissioners deny FOP grievance over use of civil deputies at Saco demonstration

York County Commissioners denied a grievance from the Fraternal Order of Police (FOP) on March 5 that challenged the county’s use of civil deputies at a Sept. 13 demonstration in Saco.

The FOP argued the county violated provisions of the collective bargaining agreement by assigning civil deputies — employees the union says are meant to serve civil process — to crowd-control and patrol duties that the union says should be offered first to bargaining‑unit patrol deputies. ‘‘We feel strongly that that’s not the primary purpose of the civil deputy,’’ Joel Wilkinson, a labor specialist for the FOP, told the commissioners during public presentation of the grievance. The union cited Articles 8, 16 and 39 of the York County Sheriff’s Office collective bargaining agreement in its written grievance and asked the board to order a remedy or to negotiate clarifying language to prevent a recurrence.

The county and the sheriff said the deployment was appropriate management of limited resources. "My civil deputies, unlike other counties, are full law‑enforcement officers," Sheriff King said, describing civil deputies as available to assist neighboring towns and as a cost‑effective option when patrol staff are not available. County Manager Greg Zinsser (referred to in the record as "manager Zinsser") also provided written responses included in the grievance packet and described prior uses of civil deputies as a force multiplier.

The commissioners first considered a motion to uphold the grievance; that motion failed for lack of a second. After an executive session, a motion to deny the grievance was made and seconded. The board voted to deny the FOP’s grievance; the vote was recorded as a denial with one commissioner recorded in opposition. The FOP said it would withdraw its original request for pay for the three deputies who worked the detail if the county and union could negotiate language to clarify that patrol functions must be offered to bargaining‑unit members first.

Union representatives told the board they filed the grievance after receiving a denial from Sheriff King and after a step‑2 hearing with the county manager; the grievance packet included correspondence showing a Sept. 12 request from the Saco Police Department for assistance and a Sept. 13 deployment of three civil deputies and one detective. The union said the grievance was filed Sept. 16 and that the sheriff denied it Oct. 15.

Commissioners split over whether the issue should have been resolved at the management level. Several commissioners said the dispute should have been settled between the sheriff, the county manager and the union before coming to the board. The FOP argued the matter raised a broader contract issue — that routine assignment of patrol duties to non‑unit civil deputies would dilute the bargaining unit — and asked the board to encourage the parties to negotiate clarifying language. Joel Wilkinson said the union would be willing to withdraw its pay remedy and instead seek a memorandum of agreement or CBA language to prevent future assignments of patrol duties to civil deputies.

County Manager Zinsser told the board he would respond to the union in writing with a timeframe for next steps. The denial ends this step of the grievance process; the FOP told commissioners it may return if similar assignments continue.

Background: the union contends civil deputies do not routinely take criminal reports or conduct arrests and that their job description is limited to serving civil paperwork; county staff and the sheriff contend the civil deputies have in practice assisted with crash scenes, outside details, hospital security and other duties. The union urged that when work triggers CBA overtime or minimum‑call rules it should be offered to bargaining‑unit patrol deputies first. The board did not adopt the union’s requested remedy.

Going forward, the union and county said they would attempt to draft clarifying language to address the parties’ differing interpretations of the CBA.