Wauwatosa committee backs staff to draft written assurances for firefighters amid proposed merger with West Allis

The Wauwatosa government affairs committee voted Dec. 16 to ask staff to draft resolution language and a letter-of-intent-style document recording four assurances for current firefighters as the city explores a proposed merger of its fire department with West Allis.

Jim Archambault, identified in the meeting as the city administrator, told the committee the city faces long-term fiscal constraints under state levy limits that have forced staffing reductions and left an apparatus at Station 53 operating short-staffed much of the year. Archambault said a merged department could eliminate duplicative administrative roles and expensive duplicate equipment while improving the city's ability to recruit and retain personnel; he warned that current collective bargaining agreements remain in effect until a new department and bargaining unit are created and that the city cannot lawfully bargain on behalf of a merged entity that does not yet exist.

The committee heard from firefighters and residents. Chris Krivitz, who identified himself as vice president of Wauwatosa Local 19-23, said the union remains "cautiously optimistic" but that verbal promises are not enough: "We are simply asking that you insist on transparency and accountability by ensuring that commitments made to these employees are put in writing before this process moves any further," Krivitz said. Several residents, including Barb Shane and Anne Raesler, echoed that request and urged the council to act quickly to reassure members concerned about job security and benefits.

City staff and the city's labor counsel warned about legal risks. Ryan Bridal, introduced as a labor and employment attorney with the firm Von Briesen and serving the city, told the committee a letter of intent could later be construed as binding or could create litigation over how two distinct contracts are harmonized, particularly on long-term retiree health benefits. Bridal said many harmonization questions cannot be definitively answered until a new employer and bargaining unit are in place and suggested carefully tailored language and counsel review before adopting any binding text.

Committee members debated the trade-offs between legal exposure and the need to demonstrate good faith to firefighters. Several members — while expressing reservations about the merger itself — said they were willing to put three of the four requested items into a written, nonbinding form: full transfer of accrued sick leave without reduction for current employees, active exploration of improved work schedules to support recruitment and retention, and a commitment to keep health plans competitive. After an amendment and further discussion, the committee also agreed to include continuation of existing retirement/retiree health benefits for current employees in the draft language.

A separate procedural motion to move into closed session so attorneys could craft language failed on a 4-4 vote after a late change in several members' votes. After returning to open session, Archambault summarized the committee's agreed language and said staff would prepare it in resolution form and, if directed, in a letter-of-intent format. The committee then voted to forward that language to the full common council for consideration.

The committee emphasized that the four items would be phrased as the committee's direction and that any final terms for a merged fire department would be negotiated by the future merged employer and its bargaining unit if the merger is approved. The committee also noted the underlying arbitration between the city and its existing local has been scheduled for January and that an arbitrator's ruling could affect staffing demands and costs.

The committee's action sends the drafted language to the full council; the council will decide whether to adopt the resolution or transmit a letter of intent. The meeting adjourned after the vote.