Yet another emergency organization finds itself at odds with local officials over some pretty bizzare accusations. The Avenel-Colonia First Aid Squad finds itself facing accusations related to the conduct of several of its members.
Archives for
See all posts in the network tagged with
Firefighter’s Video of Police Shooting Pitbull Creates Backlash – Against Firefighters
We live in a complicated time, where things that happen locally can instantly become sensationalized on a national or even international level. This reality is a function of digital imagery, the Internet and the power of social networking.
Firefighters sometimes do not quite grasp the risks associated with this new complexity – nor the need for fire departments to have policies concerning digital imagery and social networking. However, a recent video taken in St. Lucie County, Florida at an emergency scene is a perfect example of firefighters stumbling unwittingly into a totally avoidable controversy.
Firefighters were on scene of a medical call, and had taken refuge in their apparatus from a vicious pitbull. A police officer attempted to restrain the dog with a Taser but was forced to shoot the animal.
Unfortunately the firefighters made three mistakes: First, one of them filmed the incident on a cellphone camera in violation of department policy. Second, oblivious to how it would later appear to viewers, firefighters could be heard laughing and joking on the recording as the officer shot the dog (which not suprisingly is not sitting very well with many people). Third, the video was shared publically, including the audio, with others including the media sending a very bad image to the public.
While as trained and experienced firefighters we understand the emotions of the members heard on the tape, not everyone who will view the tape can appreciate the stress of being in such a situation, and how humor can break the tension. It is hard to tell how far the story will travel – but once the Genie is out of the bottle……..
Indiana EMT On The Run After Sex Assault Allegations
An Indiana EMT is now a fugative on the run after a patient alleged that he sexually assaulted her last week during an ambulance transportation. Jason Jordan, 27, of Terre Haute is believed to be with his wife. Jordan was fired by his employer, Trans Care Ambulance, after the allegations surfaced.
Posted in Criminal Law, Disciplinary Action, EMS
Coverup Alleged in Lawsuit Filed over FDNY Assault
A brawl between two firefighters in their Queens fire station on July 30, 2009 has resulted in a lawsuit being filed in Queens Supreme Court. FF Keith Thompson alleges that FF Stephen Buonavita assaulted him, and that their Lieutenant, Charles Piranio, attempted to cover up the incident.
The beating was so bad that Thompson allegedly needed reconstructive surgury. Piranio allegedly ordered firefighters to take Thompson to the hospital in a personal vehicle and to say he was injured in a bar brawl.
Buonavita has already pled guilty to assault and disorderly conduct charges, and was required to reimburse Thompson for his uncovered medical bills and attend an anger-management program. Disciplinary charges against Buonavita and Pirano are expected.
The details of the case and the coverup sound eerily familiar to the New Years Eve, 2003 assault on Firefighter Robert Walsh that resulted in a great deal of negative publicity, numerous disciplinary actions (including the termination of FF Michael Silvestri, demotions and forced retirements), and a $3.75 million settlement for Walsh.
Both cases are consistent with the Robin Hood Syndrome that exists in many fire departments across the country. The firefighters view themselves as noble and good (which – by the way – most are), and cast the city administration into the role of the Sherriff of Nottingham (which by the way…..). Under what possible set of circumstances would one of Robin Hood’s men surrender one of their own to the evil Sherriff?
Last spring at the EFO Symposium, Dr. Denis Onieal recommended a pretty decent book for all to read, titled How the Mighty Fall, by Jim Collins. The book talks about the 5 stages of decline – for an organization as well as for a person. I was particularly struck by a quote about how a common element in the decline process is self-deception: we deceive ourselves – and in the process contribute to our own demise:
“Whenever people begin to confuse the nobility of their cause with the goodness and wisdom of their actions… they can … easily lead themselves astray.”
Given the current polarization that exists in so many fire departments across the country – looking the other way at wrong doing may seem like the right thing – the noble thing – to do… but it just perpetuates the problem. It is part of that self-deception that can contribute to a "Fall", personally or organizationally. For some more thoughts on the problem of looking the other way…. and the extent of wrong doing….. Download The Problem Lite (give it a second to load).
Maryland Woman Sues Volunteer Fire Company For Not Voting Her In
A Maryland woman has filed a discrimination suit against a volunteer fire company alleging she was discriminated against because she was rejected three times by the membership.
Jaunita Nelson filed suit in Federal District Court in Maryland against the Crisfield Fire Department claiming that the department excluded her because of her gender. Nelson seeks $3 million in compensatory damages, plus $1.5 million in punitive damages.
Cases like Nelson’s have not had much luck in the past, having to overcome two issues:
1. Whether a volunteer company is a public actor (which triggers potential constitutional issues and §§ 1981 and 1983 claims), or a private association
2. Whether or not a volunteer is an employee and thereby subject to Title VII and state law equivalent employment practices acts.
Nelson also sued the city of Crisfield, obviously hoping that by connecting the city to the volunteer fire department, she can sidestep both issues. To prevail against the city, the court would have to conclude that the Crisfield Fire Department is, in essence, an agent for the city.
In Fire Officer’s Legal Handbook, I use the case of Collins and White v. City of Fort Calhoun, 243 Neb. 528, 500 N.W.2d 822 (Neb., 1993), where two female applicants to a volunteer fire company sued the department and the city because the membership refused to voted them in. The Supreme Court of Nebraska ruled that volunteer firefighters are not employees of the city NOR employees of the volunteer fire company for purposes of employment discrimination laws. Thus neither the department nor the city can be held liable for the vote that excluded the two female applicants. A number of Federal courts follow the same reasoning.
Nelson, who is active in emergency resonse activities in Crisfield serving with the Lower Somerset County Ambulance and Rescue Squad, also sued three Crisfield members Ronnie Hinman, Larry Tyler and Charles Cavanaugh. She probably figured she wouldn’t have gotten their votes next time anyway!
Posted in Civil Suit, Discrimination, Volunteers
LODD Firefighter’s Estate Leads to Bizzare Legal Challenge
I was totally speechless after reading this story about Fire Captain Thomas Araguz, who was killed 2 weeks ago on July 3 at a structure fire in Wharton, Texas. Thankfully – there is a video to explain the details so I don't have to – but you won't believe this story. Every time I think Hollywood goes overboard in making up a story for Law and Order or CSI, I see a story like this.
The law on the subject is actually pretty straightforward. Fraud is grounds for the annullment of a marriage. Violation of law or public policy is as well (although some may argue the law in Texas is discriminatory). In either event – whether on the grounds of a same sex marriage or fraud – an annulled marriage is void from the beginning…. as if it never happened. That means his ex-wife.. er… first mate – is out.
Wow. I am so glad I got the url www.youcantmakethisstuffup.net.
Posted in You Can't Make This Stuff Up
Fire Law On-Line at Providence College
The Fire Science program at Providence College will be offering Fire Science 312 – Fire Law this fall as an on-line class. The course catalogue description is as follows:
FRS 312 Fire Law
3 credits
Overview of the legal issues closely associated with
the fire service including the basis for the authority of
fire departments, and modern legal issues impacting
the fire service, Fair Labor Standards Act, Americans
with Disabilities Act, and legal effect of OSHA and
NFPA mandates. Also addresses negligence, immunity,
arson, search and seizure, fire insurance, and rights
and responsibilities of firefighters.
Yours truly will be teaching. The online format is convenient for firefighters working shifts – and it really works great for fire law as a topic. Providence College hosts a secure web site that you can access at your convenience to review each week's materials, post questions and answers on various discussion forums, and take on-line quizzes. There are no class meetings - (we have the option to set up on-line chat rooms if we want to – to debate controversial issues, but from experience the forums/bulletin boards allow us to really air out the issues quite nicely!!!!).
In addition to the materials in Legal Considerations for Fire and Emergency Services, we will be addressing:
- Digital imagery and social media issues
- Electronic monitoring in the workplace
- Discipline and due process
For more information – visit http://www.providence.edu/Academics/School+of+Continuing+Education/Courses/
Fall 2010 registration begins today, July 19th, 2010.
Posted in Fire law training, Web/Tech
New Haven…. AGAIN!!!!!
I know a lawyer should never complain about too many law suits, but at some point you have to ask when is enough going to be enough.
Another group of New Haven firefighters have filed suit over the 2003 promotional examination. Eleven firefighters filed suit on July 2, 2010 challenging the promotional list created by the 2003 exams. Those are the same examinations for captain and lieutenant that gave rise to the US Supreme Court decision in Ricci v. DeStefano. By my count that makes 5 suits (some may count differently) over the 2003 promotions including:
· Ricci, et al
· Tinney, et al
· Briscoe
· Broadnax, et al (arguably a separate issue but it ties back into discrimination)
· Luschenat, et al
Not to mention suits by Ismael Hernandez and John Brantley alleging discrimination against NHFD during the same time period.
A story today by William Kaempffer in the New Haven Register does an exceptional job of explaining the Luschenat allegations, so I won’t repeat it all here. My question is – is there really that much discrimination going on in New Haven, or is it just a litigation “free for all” where folks in the various racial and ethnic factions are trying to gain an advantage any way they can? And perhaps the bigger question is: how would we even know? I have had plenty of clients who feel they have been wronged – who have convinced themselves (sometimes against the weight of the evidence) that they are the victim in a great conspiracy. Who is to say who has a valid case or not until the justice system plays itself out? Certainly not me.
If we can leave the micro issue of who is right and who is wrong in each of the seven or so cases in New Haven for a moment – there is a macro issue that needs to be considered: how does a fire department mired in litigation – move forward. The piecemeal litigation focuses too much attention on the micro issues of each case at the expense of the macro issues.
New Haven is not alone in this regard. Dozens of other cities are under assault by various single issue plaintiff employees who see the world through their own “I’m the victim” kaleidoscope. How can a fire department confronted with multiple – and often conflicting – challenges possibly hope to move forward?
When a police department is accused of engaging in a “pattern or practice” of violating the law or the US Constitution, the US Department of Justice can step in and force the necessary reforms. Through authority granted by Congress shortly after the 1991 Rodney King case, the DOJ can essentially file suit against the department and force the changes necessary. The local Federal District Court reviews all major decisions and resolves disputes that cannot otherwise be worked out. In the process the DOJ can sort out fact from fiction (ie. address those pesky little micro-issues) while addressing the more important macro issues. The law is 42 USC § 14141, and its authority is limited to law enforcement organizations.
Might something like that work for fire departments that are paralyzed by multiple racial, ethnic and gender based lawsuits? I recall a salty-old captain who once remarked “Kid, we either keep our own house in order, or somebody’s gonna come in here and do it for us”. He was not referring to daily housework!
Any thoughts?
Noose at Rocky Mountain Fire Academy Sparks Investigation
A noose found at the Rocky Mountain Fire Academy in Denver, Colorado earlier this year has sparked an investigation and calls for punishment. The facility, which trains firefighters from Denver and Aurora, is physically located in Denver.
Officials have apparently identified the firefighter involved and are contemplating what to do in terms of punishment or sensitivity training. The firefighter claims it was a joke related to him being assigned to undergo training, and was not racially motivated. However, the historical connection between the noose and racism makes it difficult for officials to ignore. For more on the story:
Posted in Disciplinary Action, Discrimination
DeKalb Captain Reinstated
DeKalb County Fire Captain Sell Caldwell has been ordered reinstated to the department by a hearing officer. Caldwell was one of five firefighters terminated after the fire death of 74-year-old Ann Bartlett on January 24, 2010.
Crews were called to Ms. Bartlett’s house at about 1:00 am, when she claimed to have accidentally started a fire with her oxygen mask. The crews allegedly found nothing and returned to quarters without dismounting from their apparatus. Crews were called back to the scene at 6:40 am by neighbors to find the house well involved.
The decision was issued last Friday, July 9, 2010. Two other firefighters had previously been reinstated after hearings. The county plans to appeal the hearing officer’s decision.
Posted in Disciplinary Action
Pembroke Pines Challenges Florida Presumption Laws
Fifteen Pembroke Pines, Florida firefighters and police officers have filed suit over denied workers compensation benefits, alleging that the city’s benefit’s administrator has engaged in “across the board denial… without reasonable justification”.
The suit alleges that Gallagher Bassett Services Inc., who processes workers comp claims for Pembroke Pines, routinely denied claims that according to state law should be covered, including heart disease and hypertension. The Florida law reads as follows:
112.18 Firefighters and law enforcement or correctional officers; special provisions relative to disability.–
(1) Any condition or impairment of health of any Florida state, municipal, county, port authority, special tax district, or fire control district firefighter or any law enforcement officer or correctional officer as defined in s. 943.10(1), (2), or (3) caused by tuberculosis, heart disease, or hypertension resulting in total or partial disability or death shall be presumed to have been accidental and to have been suffered in the line of duty unless the contrary be shown by competent evidence.
As written, the law allows the city to consider evidence to disprove that the condition is job related, but in the absence of such evidence, the law establishes the claim as presumptively covered.
Theodore Leopold, the attorney for the firefighters and police officers, is quoted as saying "The claims administrator routinely denied these people their just benefits without doing the full investigation despite medical records. The municipality is refusing to provide the benefits that they justly deserve."
The news comments and blogs out of Florida appear to be heavily supporting the city’s position, and perhaps that is what is motivating the local officials to push the issue. A sampling of the comments:
"COPS AND FIREMEN ARE BLOOD SUCKERS – -SUCK ALL THE TAXPAYERS MONEY AND BLOOD"
"I am so damn tired of these darn prima dons/donnas. If they are too sensitive to handle the pressure of the jobs they signed up for, QUIT. Tthey do face certain hazards as they perform their jobs but they knew that going in so they should quit their complaining."
"FIREMAN NEED MORE MONEY!!!! FIREMAN NEED MORE MONEY!!!! FIREMAN NEED MORE MONEY!!!!"
I suppose that answers the question about why city officials might blatantly ignore what seems to be an unambiguous law. Unfortunately, while the popularity of the elected officials might get a boost by taking such a seemingly pro-taxpayer position – in the end the local taxpayers will have to pay to comply with the law, plus be saddled with the costs of litigation.
Posted in Civil Suit, Municipal Liability, Workers Compensation
Montana Congressman Sues Billings Fire
A Republican Congressman from Montana has filed suit against the City of Billings alleging negligence in fighting a wildland fire on his property in 2008.
The fire occurred in Rehberg Ranch Estates, a 1,000 acre subdivision owned by Congressman Rehberg and his wife. It allegedly burned trees, ground cover, and equipment on the land, which the lawsuit described as “irreparable”. The suit was filed last Friday, July 2, 2010, in Yellowstone County District Court shortly after the Congressman won the Republican primary election.
Rehberg’s Democratic contender, Dennis McDonald, who happens to be a volunteer firefighter, has seized on the issue claiming that the Congressman has a net worth of $63 million, and instead of thanking the firefighters for risking their lives to save his properly he is demanding that the citizens of Billings give him another million dollars. In a press release McDonald said: "The Billings Fire Department and the heroes who work there should not have to worry about the Rehbergs suing them while they are putting everything they have into doing what's right."
McDonald has publically called on Rehberg to drop the suit and apologize.
Oddly enough, Rehberg is not the only Montana Republican politician to offend firefighters in recent memory. Former Senator Conrad Burns made headlines in 2006 when he accused members of a Virginia wildland “hot shot” crew who had come in to assist local firefighters - of doing a "poor job" and not allowing ranchers to fight fires as they saw fit. The outburst occurred as the firefighters sat in the airport awaiting their flight home. The remarks led to what some have called an altercation, and others called a “lively discussion”. Burns lost his reelection bid later that year.
Posted in Civil Suit, Negligence, Wildland, You Can't Make This Stuff Up
British Firefighter Charged with Manslaughter
Perhaps it is appropriate to mention this case over the 4th of July holiday, and then again perhaps it is in bad taste. Nevertheless, on July 2, 2010 a British firefighter was charged with manslaughter for the death of a farmer who was trampled to death when his cattle were spooked by the lights and siren from a fire truck. Seriously…. You can’t make this stuff up.
The incident occurred last August in Burtle, near Glastonbury, England. Firefighter Julian Lawford, 49, was driving his fire apparatus to a vehicle accident when he passed the farm of Harold Lee, age 75. Mr. Lee was herding about 70 head of cattle when the cattle became startled by the lights and siren, fatally injuring the farmer.
Lee’s family have reportedly complained that if the firefighter had simply waited a few minutes for the cattle to be cleared off the road, the incident could have been avoided.
Firefighter Lawford was suspended from his department, and appeared in court today to plead not guilty. Thankfully, Lawford was granted bail. The trial is tentatively set for December 13, 2010, and is expected to take six days to try.
So as we approach the Fourth of July, I can’t help but say: Thank you George Washington.
Posted in Criminal Law, Manslaughter, You Can't Make This Stuff Up
New Firefighter Residency Law Challenged
On June 25, 2010, Missouri Governor Jay Nixon signed a bill into law that eliminated the residency requirement for St. Louis firefighters. On July 1, 2010, the City of St. Louis filed suit to challenge the law.
The law was enacted by the state at the request of St. Louis Firefighters, IAFF Local 73. It is scheduled to go into effect on August 28, 2010, and would eliminate the residency rule imposed on firefighters. Oddly enough, St. Louis has a residency requirement for firefighters, but not for police, teachers, and certain other city employees.
St. Louis Mayor Francis Slay has been threatening all along to challenge the law as violating the city’s charter and the rights of St. Louis residents to set their own employment requirements. "We are a charter city and unless there's a compelling state interest, this is none of their business" said Jeff Rainford, Mayor Slay's Chief of Staff.
Local 73 President Chris Molitor is quoted as saying "All this bill does is gives employees of the Fire Department the exact same residency rules that the Police Department operates under."
To view the new law: Download SB739FirefightersResidency
Posted in Civil Suit, General legal issues
 This blog is part of the Emergency Services Ad Network. For marketing opportunities, please click here |
