Bubb Payton's Revenge

THE TRUTH BEHIND JANE MURRAY'S SO-CALLED ENDORSEMENT "BY EVERY CITY WORKER EXCEPT FOR THE POLICE AND FIRE UNIONS" (UPDATED AT 9:00 AM. See bottom of page.)

In March of 2008, Roy "Bubb" Payton, Jr., the long-time President of the AFSCME Local Union 1039 (the Union that represents the utilities, streets, sanitation and other workers of the City) was caught red handed-stealing city property, an electronic camera. He was recorded on the water plant video security system attempting to destroy evidence of his theft. This occurred at the City water plant where he worked at the time, after hours. Payton tried to burn the camera box (which had the serial number on it) and then stuff the box into a drain that led to the Ohio River. Then he threatened and tried, unsuccessfully, to coerce fellow employees (his fellow Union brothers) to cover for him,. The partially burned box was later retrieved by the police and used as evidence, along with plant security footage.

http://www.wsaz.com/home/headlines/16694936.html

As part of their investigation, the police got a warrant to search Payton's house, where they found lawn mowers, power tools, weed eaters, and more, even a heavy-duty trailer for hauling heavy equipment and pipes--all equipment and supplies purchased by the City and taken by Payton over a period of years. (Payton was also being investigated by the police for drug charges as well.)

Mayor Kalb, after going through the proper procedures, fired Payton. The Union (particularly AFSCME Council 8 in Athens, Ohio, which is over Local 1039) tried every possible tactic and threat to pressure Kalb into letting Payton keep his job. They said Payton had just borrowed these dozens of pieces of equipment. They offered various compromises to the mayor, such as a suspension, a demotion, or a so-called "death letter" (which is basically meant to give an employee "one last chance" before termination.) They also threatened him. That suggested that the Union would endorse him for reelection if he was lenient, but they would make sure he was defeated if Payton was fired.

Despite the veiled threats, Kalb stuck to his guns. He felt that there would be no discipline in the City if Payton were allowed to get away with it. The Union made it difficult for the Mayor. Many current and past city employees are related to Payton (including Keith Nyland, the current Union President, who is Roy Payton's cousin.) Fortunately, the Mayor stood up to the threats and the termination stood.

The Local and Council 8 (Athens) filed grievances to try to get Payton's job back. They paid out thousands of dollars (and made the City pay thousands) to appeal the firing. They fought it every step they could, all the way to an outside arbitrator who, by the City's Contract with the Union, had the authority to force Mayor Kalb to re-hire Payton, based on some technicality or error by the City.

The last of the hearings were held several months ago, but the final binding decision by the arbitrator was only released last month.

The arbitrator ruled that the City had acted properly and the Union (AFSCME Local 1039 and Athens Council 8) had no case. The termination of Roy Payton for theft stood.

Payton was also charged criminally with theft of city property and other crimes, but ultimately pled guilty to 30 counts of tampering with evidence. He was sentenced by Judge Harcha to five years probation and is prohibited from drinking alcohol or taking non-prescribed drugs during that time.

http://www.sciotocountycpcourt.org/ (PAYTON, ROY E., Case No. 08CR000870)

04/24/09 CT. ORDER WAIVER/ENTRY: DEFT. ENTERS PLEA OF GUILTY TO THE CRIME OF TAMPERING WITH EVIDENCE SECTION 2921.12(A)(1) ENTRY: THE PLEA OF GUILTY IS ACCEPTED. 04/24/09 SENTENCING JUDGMENT ENTRY: CHARGE: CT 30 TAMPERING WITH EVIDENCE [F3] SECTION 2921.12(A)(1) THIS SENTENCE IS AN AGREED SENTENCE FOR 5 YRS COMMUNITY CONTROL. COMMUNITY CONTROL SANCTIONS SHALL INCLUDE NOT TO CONSUME ANY ALCOHOL OR NON-PRESCRIBED DRUGS. DEFT IS TO ABIDE BY ALL REGULATIONS OF THE PROBATION DEPT. DEFT IS ORDERED TO PAY ALL COSTS OF PROSECUTION. THE COURT FINDS THERE ARE NOT ITEMS TO BE FORFEITED TO THE STATE. THE COURT OTHERWISE ORDERS THE REMAINING COUNTS OF THE INDICTMENT ARE HEREBY DISMISSED.

But don't feel too bad for Mr. Payton. The State of Ohio awarded him full disability due the debilitating stress of his job (or maybe the stress of being fired), so he has good income. Also, being on disability gives him a lot more free time to do side jobs as an electrician to supplement his disability pay and state employee retirement income.

Plus he has a lot of friends, especially at Council 8. And his cousin, Keith Nyland is his replacement, as president of the Local.

A few months ago, the Local AFSCME group took a vote. They asked the members who they would like to endorse in the upcoming mayor's race. The members decided that they should stay out of the race, despite the fact that some members (remaining relatives and cronies of Payton) pushed hard for them to endorse Murray. But the members felt that Kalb had treated the Union fairly. They were no layoffs. Health benefits had been maintained. They had gotten fair raises. But they did not want to make an enemy of Jane Murray either, in case she won. The decision by the Local stood: no endorsement.

However, an entirely different part of the AFSCME, the Area Political Committee (a political action committee or "PAC") does endorse candidates. It is made up of, not Portsmouth City employees, but other AFSCME members in Southern Ohio, such as health care workers, retirees, etc. No City workers are a part of this political arm of AFSCME. Except one. Of the seven voting members of the AFSCME PAC, one is the president of Local 1039. Keith Nyland. Cousin of Roy Payton. The fired and disgraced former Union president.

This 7-member group, which includes Nyland, is entirely political. They endorse whatever candidates that Council 8 in Athens tells them to. So Jane Murray got AFSCME's endorsement through this PAC, with Nyland as a voting member, despite the true wishes of the AFSCME employees of the City of Portsmouth. And Roy Payton got his revenge.

Or he will if Jane Murray is elected.

Payton still haunts the city. Lately, he has been sneaking onto City property, seeking out his old co-workers. He's been bragging about the Union's endorsement of Murray. He claims that Murray told him she would give him the Service Director's job when she wins. Of course, no one believes she would be stupid enough to bring Payton back (would she?), but no one doubts that department heads will be fired.

Many AFSCME members tell P-Town Underground that the majority of them support Kalb, and are hoping that Murray does not win. This is especially true following the candidates' debate at Shawnee State last week at which Murray said that she "would not have given AFSCME employees raises" and if she is elected she intends to take the AFSCME raises back from the employees.

Some describe confrontations they have had with her about working in the alley behind her home or complaints she has had about City workers and City vehicles driving past her house on Dorman Drive. Many feel betrayed by their union leadership.

A hint of the AFSCME members' frustration can be seen in the following video of Murray's press conference yesterday. Several City workers attended and sat together. At the 8-minute mark of video, after Murray had asked for questions, one of them, who claimed to be an AFSCME member, said the Local was never informed of the endorsement and that they had voted to remain neutral. Unfortunately, Murray rudely cut the gentleman off in mid-sentence and abruptly ended her brief press conference. Untitled from Jane Murray on Vimeo.

It should be noted that the other two unions of the City, the fire and police unions, actually allowed their members to hear the candidates in person. Following personal presentation by each of the candidates, they each held a vote of their full memberships. Each of these unions, in legitimate open forums, voted to endorse Mayor Kalb for re-election .

So on Tuesday, November 3rd, we will all learn if Mr.Payton will indeed get his revenge.

(As Paul Harvey would say: "Now you know THE REST OF THE STORY.")

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UPDATE

(Thanks to "A City Worker.")