Du Quoin writes $62,970.54 check to Drew Porter

The City of Du Quoin has reached a $62,970.54 settlement with water department employee Drew Porter, who was terminated "for cause" in July 2013 after showing up for work intoxicated while he was "on call."

The settlement includes what city administrator Brad Myers calls an average of Porter's wages, expected overtime and lost benefits minus what he received from unemployment benefits.

The city's risk management insurance does not cover the loss and the payment comes from the city's cash reserves.

Porter was fired on July 8, 2013 for allegedly being intoxicated when he came to work overnight Tuesday, July 2, 2013, damaging a water department truck in the process while trying to get it out of the building.

Despite what the council deemed to be reckless conduct that violated the terms of his employment, the City of Du Quoin agreed to go to arbitration in September 2013. Porter and Laborers Local 773 challenged what Mayor Rex Duncan calls "the process" by which the city council fired him.

Porter was represented by the union and the city retained Metro East attorney Ivan Schrader.

The case was heard by arbitrator Michelle Camden of Chicago.

Stories seem to agree that Porter had been drinking and drove to the water department equipment building where a surveillance camera shows the trouble Porter had getting a city truck out of the building because of his condition.

Porter and the union claimed there are steps to a termination according to the collective bargaining agreement which were not followed.

The ruling stated that Porter's termination was "unjustified" and adds the "termination is vacated."

Camden's ruling invoked only a five-day suspension and ordered that Porter be made "whole again."

Porter worked within the water department where one of his primary responsibilities is reading the meters monthly across the city's large water system. He had been a city employee for more than two years.

After the termination the city council hired Kody Greenwood to fill the vacancy. Greenwood was described as a solid employee.

As the city came to grips with multi-year challenges in water department funding late last year, both the Porter and Greenwood positions were to be eliminated.

Again, Laborers Local 773 stepped in and said you can't do that because the contract language dictates the city has to cut part-time employees before it could cut Porter.

Eleventh hour talks between the City of Du Quoin and International Laborers' Local 773 resulted in a compromise that allowed Porter to keep his job for the second time--but at a price.

Greenwood, who replaced Porter during the turbulent 17 months of his termination, was permanently laid off.

The city made room for Porter on the payroll by eliminating three part-time street department positions and allowing a water department employee to bid on what became a full-time street department job.

The three part-time summer construction and maintenance employees who lost their jobs were Paul Fox, Dan Harsy and Ron Norris. Long-time employee Rocky Anders transferred from the water department to the street department.

Along the way, employee Dean Knight is now dividing his time between the street department and maintenance of the city's buildings, a much-needed improvement. Employees at city hall, the Du Quoin library and other offices have seen a complete turnaround in the maintenance, cleanliness and curb appeal of the properties.