4D06-2411-Ikalina v. The City of Pembroke Pines

State: Florida

Court: Florida Fourth District Court

Docket No: 4D06-2411

Case Date: 12/19/2007

Preview:DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
July Term 2007

GLEN IKALINA, Appellant, v. THE CITY OF PEMBROKE PINES, Appellee. No. 4D06-2411 [December 19, 2007] WARNER, J. When a police officer of the City filed suit against the City for breach of an agreement reached in an arbitration proceeding between the City and the officer, the trial court referred the matter back to the arbitrator. The arbitrator determined that the City had not breached its contract. Based upon the arbitrator's determinations, the court dismissed the officer's suit. He appeals claiming that the matter was not properly referred to the arbitrator and the arbitrator exceeded his authority in determining the issue before him. We disagree and affirm. Glen Ikalina, a policeman with the City of Pembroke Pines, was suspended by the City and sought arbitration through his union's grievance procedures. The parties agreed to a settlement on February 11, 2004, in which Ikalina agreed to retire. Specifically, the agreement provided: Grievant/Employee will retire in good standing on April 16, 2004 subject to all other provisions of this agreement. Upon his retirement Grievant/Employee will receive all standard/normal retirement benefits that any other police department employee receives and will be entitled to use his existing leave accruals and the City will contribute the difference so that Grievant/Employee will have 1,000 hours accrued leave to cash in for pension purposes. 3.0 Beginning on February 12, 2004, Grievant/Employee shall be placed on paid administrative leave with no

reporting requirements by the City. Grievant/Employee will continue to enjoy all benefits provided to all other Police Benevolent Association members on paid status, -said leave to continue until his retirement date of April 16, 2004. However, if the CBA referenced in paragraph 6.0 and the new pension ordinance also mentioned in paragraph 6.0 are approved subsequent to April 16, 2004, Grievant/Employee will continue to receive the same until both the CBA and new pension ordinance are approved. Grievant/Employee shall turn in City issued equipment at the Police Department by February 12, 2004 at noon. The agreement also provided that the arbitrator retained jurisdiction for purposes of carrying out the terms of the agreement. On April 15, 2004, the day before Ikalina agreed to retire, he appeared before the Pension Board to apply for and request participation in the DROP Program. This program is available to active City employees who have attained "normal retirement status" under section 34.43 of the City's code of ordinances. City of Pembroke Pines, Fla., Code of Ordinances

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