FEDERAL MEDIATION AND CONCILIATION SERVICE
UNITED STATES GOVERNMENT
WASHINGTON, D.C. 20427
CASE NO. 160421-54618-3
FRATERNAL ORDER OF POLICE
LODGE #38
RUSSELL AYERS,
Grievant,
v.

Arbitrator: Kenneth R. Starr

CITYOF NAPLES,
Employer.
________________________/
GRIEVANT, RUSSELL AYERS’ MOTION FOR CLARIFICATION
Grievant, Russell Ayers, through counsel, files this motion seeking clarification of the
arbitrator’s award issued on May 9, 2017 and states the following:
The arbitrator ruled he could not in good conscience uphold the termination. (Award, at
19). The grievance was sustained in part. The arbitrator awarded the following: “The grievant
shall be reinstated to his previous position with all benefits and no loss of seniority.” (Award, at
19). The arbitrator denied any back pay. Since his reinstatement, the City refuses to reinstate
Ayers to his previous position with all benefits. In an act of apparent defiance, the City has
instead put Ayers in different position in “fingerprint services”. Coincidentally, the City also
installed video cameras in the fingerprint services office around mid-May, 2017, just after
receiving the arbitrator’s award. Now, Ayers is the only sworn police officer assigned in the
police departments’ fingerprint services office.

 Not surprisingly, all times prior to June 1, 2017, the finger print services office was
manned only by civilian employees of the police department. Now, Ayers is suddenly the only
sworn police officer assigned to the civilian unit when he was previously a senior uniformed
police officer on the day shift. Officer Ayers is a good police officer and is well liked by the day
squad and the community. (See Testimony of Sgt. Goldblatt, Vol. 3, 218-20).
After the Award was issued: the City clearly understood the plain language issued by the
arbitrator and when the City responded to media coverage of this case. There is nothing
ambiguous about the arbitrator’s words: “The grievant shall be reinstated to his previous
position with all benefits and no loss of seniority.” When asked by the media what it meant:
“Ayers will come back to his job on road patrol,” said Assistant City Manager Roger Reinke. J.
Cranney, Naples Daily News, Former Naples officer Russ Ayers could soon return to work,
(May 17, 2017)1.
Additionally, the City has denied certain leave-time, holiday pay, longevity pay, Ayers
would have accrued had he continued to be employed. Since Officer Ayers could never have
been disciplined, none of the effects of being disciplined can or should be imposed. See
§112.532, Fla. Stat. (2016) (emphasis added).
(6)LIMITATIONS PERIOD FOR DISCIPLINARY ACTIONS.—
(a) Except as provided in this subsection, disciplinary action,
suspension, demotion, or dismissal may not be undertaken
by an agency against a law enforcement officer or
correctional officer for any act, omission, or other
allegation of misconduct if the investigation of the
allegation is not completed within 180 days after the date
the agency receives notice of the allegation by a person
authorized by the agency to initiate an investigation of the
misconduct. If the agency determines that disciplinary action
is appropriate, it shall complete its investigation and give
1 Article located at: http://www.naplesnews.com/story/news/government/2017/05/17/former-naples-officer-russayers-could-soon-return-work/327662001/

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 notice in writing to the law enforcement officer or correctional
officer of its intent to proceed with disciplinary action, along
with a proposal of the specific action sought, including length
of suspension, if applicable. Notice to the officer must be
provided within 180 days after the date the agency received
notice of the alleged misconduct, except as follows:
***
The statute states: “disciplinary action . . . may not be undertaken by an agency.” When
the City confines Officer Ayers into a room in the police station alone, under new video
surveillance, and not placed on road patrol, the City is disciplining Ayers. Perhaps, the City feels
it is allowed to act this way based upon the part of the award denying “back pay”. But the denial
of back pay is limited only to back pay, not expanding it to permission to reassign Ayers’ to a
civilian position.
Since the award, the City believes it has the managerial authority to place Officer Ayers
in any position it chooses. The City’s belief is wrong and in direct violation of the arbitrator’s
award. First, Officer Ayers worked for over a year as a police officer on road patrol even after the
City believed he employed countermeasures to disrupt the results of a polygraph examination
and maligned a fellow officer. Moreover, the arbitrator ruled the City violated the 180 day rule,
pursuant to the collective bargaining agreement’s adoption of Florida Statute Section 112.532 by
failing to timely complete its investigations.
Officer Ayers testified in court several times during that same year. Assuming arguendo
that the City were to take the position that Ayers should have been terminated (absent the 180
day violation) therefore Ayers will still be ineffective in testifying in a court of law as a patrol
officer. This however is not a valid ground to keep him off road patrol. See Kitsap County
Deputy Sheriff’s Guild v. Kitsap County, 219 P.3d 675, 680 (Wash. 2009). In fact, nothing under

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 the Florida Evidence Code 90.608-.609 would allow this arbitration or its findings, admissible in
any Florida court of law to challenge Ayers testimony as a police officer witness.
Without question Ayers’ “previous position” was as a sworn uniformed police officer on
road patrol working the day shift. This is the position the Arbitrator clearly stated Ayers must be
reinstated to. It was only after the Assistant City Manager’s clear remarks to the media that the
City changed its mind and conspired to stick Ayers in a historically civilian position in the finger
print services office. Prior to filing this motion, Ayers’ counsel has attempted to rectify this
situation with opposing counsel and has had no success.
Therefore, we respectfully request the arbitrator clarify his already clear award, and order
the City to reinstate Ayers to his previous sworn uniformed police officer position as a road
patrol officer, commensurate with his seniority. Furthermore, we additionally request consistent
with the language of the award that all of Ayers’ benefits, with the exception of back pay, be
retroactively reinstated as if he was employed during the entire period he was wrongfully
terminated from his employment.
Respectfully submitted,
Robert C. Buschel, Esq.
BUSCHEL GIBBONS, P.A.
One Financial Plaza
100 S.E. Third Avenue, Suite 1300
Fort Lauderdale, Florida 33394
Tele: (954) 530-5301
Email: Buschel@BGlaw-pa.com
By: __/s/ Robert C. Buschel________
ROBERT C. BUSCHEL
Florida Bar No. 0063436

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 CERTIFICATE OF SERVICE
I hereby certify that on June 1, 2017, I electronically filed the foregoing with the
Arbitrator and I also certify that the foregoing document is being served this day on all counsel
of record identified on the attached service list by email.

BUSCHEL GIBBONS, P.A.
BY:_/s/ Robert Buschel_______
ROBERT C. BUSCHEL
Copies furnished to:
Wayne Helsby, Esq.
City of Naples
Allen, Norton & Blue
1477 W. Fairbanks Ave., Suite 100
Winter Park, FL 32789-7108

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