Lincoln County has filed a motion to appeal a decision by the Maine State Board of Arbitration. In July, the board ruled the county needs to enforce the results of arbitration of a grievance filed by the Fraternal Order of Police, the collective bargaining agent for many of the Sheriff Office’s employees.

According to court documents, in 2003, the union and county agreed to a contract that allowed sheriff's office employees to return to the use of the Maine Public Employee Retirement System (MePERS). There was no conflict at the time between the union and the county; both preferred to have the pension system held under MePERS. The county agreed to fund three years of vesting, in one subsection of the contract, under Article 12 (c) (2), as long as the employee had at least 10 years’ service with the Sheriff's Department.

Article 12 (c) (2), in every collective bargaining agreement from 2003 until 2015, reads:

“The County will participate with employees having more than ten (10) years of services with the Sheriff's Department [sic], the purchase denial of up to three (3) years of service beyond the ten (10) years.”

Lincoln County said in its appeal that its generous agreement to help with the so-called “buy-back” provision affected only employees who, at their own expense, paid for the 10  years themselves first. Initially, it wasn't a popular program. In 2003, according to court records, only one employee attempted to use the terms of 12 (c) (2), and it wasn't used again until 2013, when then-Sgt. Rand Maker attempted to exercise his option. It was denied, and in the ensuing grievance arbitration, it was determined that Maker did not meet the criteria for the program, because his request was “untimely.”

Lincoln County held that the buy-back provision was a one-time only deal, and that Maker's request came too late.

However, the union stated the provision continued to be in collective bargaining for years after the switch to MePERS, and therefore, should cover the employees who ask for it if they have the requisite 10 years with the department. In 2015, the union filed on behalf of 12 members, asking that the terms of the agreement be enforced. The employees include: Sgt. Aaron Mortenson, Det. Sgt. Jason Pease, Lt. Michael Murphy, Det. Sgt. Ronald Rollins, Sgt. Jason Nein (retired), Sgt. Brendan Kane, Sgt. Alan Shea, Sgt. Matthew Day, Dep. Kenneth Hatch (no longer with the department), Dep. Chad Gilbert, Dep. Brad Collamore, and Dep. Kevin Dennismore.

The county opposed enforcement.

The union went to arbitration, which in a split decision (2-1) agreed the officers should receive the terms of the contract, and that no language in Article 12 (c) (2) required the officers to buy the 10 years of “buy-back” before the county bought the three years for them.

The arbitration decision held Lincoln County to honor Article 12 (c) (2) of its collective bargaining agreements from 2003 until the most current agreement was signed, even for employees who had not invested in the 10 years themselves.

Failing that, the arbitration panel said, the two parties should appeal to MePERS and agree to abide by MePERS’ decision. According to court documents, MePERS asked the court to not involve MePERS in it because the matter was between the contract’s parties. The county and union agreed MePERS should not be involved.

In late November, Lincoln County filed its motion against the arbitration panel's decision, stating that other public employees working for the county understood the provisions, including the commissioners.

No court date has been set; a new attorney has just been named for the county, and the parties have at least 40 days to review all the documents.

A judge not connected to Lincoln County, Justice MaryGay Kennedy, will conduct the case.