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Chief Suspended Over Bumpernuts

OK, this one is almost too easy, and thanks to my friends who passed it along. Where do we begin. A fire chief has been suspended for his role in a refusing to remove a pair of plastic testicular replicas (aka Bumpernuts) from one of his fire trucks.

Chief Donald Fee of the Freeport (New York) Fire Department was suspended for 30 days by Freeport Mayor Andrew Hardwick. He was originally told to remove the Bumpernuts in September, but apparently the item (or items) were merely relocated to the cab where they were still visible.

The mayor was quoted as saying the Bumpernuts were “offensive, insensitive and unprofessional”.

Here is a photo of the offending article: BumperNut

Posted in Disciplinary Action, You Can't Make This Stuff Up

Michigan Sexual Harassment Suit Settled for $400k

A former Michigan fire lieutenant has settled a sexual harassment lawsuit against her former fire department and former fire chief. Blythe Amenson filed her lawsuit earlier this year in Genesee County Circuit Court asserting sexual harassment, discriminatory and retaliatory discharge, and violation of the Elliott-Larsen Civil Rights Act by the Argentine Township and former fire chief William Harvey.

Amenson alleged she was sexually harassed by Fire Chief William Harvey over a period of two years, claiming he would stare at her breasts and buttocks, ask about her menstrual cycles, and humiliate her to others with explicit sexual references. Amenson was dismissed from the department on July 6, 2009.

The Township’s defense was that Amenson failed to complain to a board member. Amenson contended that she followed the rules, complained to her supervisor, and that the harassment was so open and pervasive that the Township should have been on notice. It was the Township Board that authorized her termination.

According to Michigan Lawyers Weekly, the case was settled today after mediation for $400,000.

Posted in Civil Suit, Municipal Liability, Sexual Harassment

Photographer Charged with Impersonating Emergency Responder in NH

A New Hampshire photographer for 1st Responder News has been charged with impersonating an emergency responder at an accident scene last August 25, 2010. Charges were filed yesterday, November 23, 2010, against Brian K. Blackden, 46, of Concord, NH. He was arraigned in Concord District Court on charges of impersonation of emergency personnel and obstruction of government administration, state police said. He also faces two lesser charges of misuse of red flashing lights and entering a controlled emergency scene. 
 

 

 

Posted in Constitutional Rights, Criminal Law, First Amendment

Thanksgiving Comes Early For 2 Clinton, Iowa Chiefs

Two Clinton, Iowa fire officials who had been terminated in the aftermath of a Federal EMS billing scandal, have been being reinstated by the Clinton Civil Service Commission. The decision handed down Tuesday, November 23, 2010 ordered that Fire Chief Mark Regenwether and Deputy Chief Andrew McGovern be reinstated, with back pay.

In 2008, Clinton paramedic Timothy Schultheis sued the city of Clinton alleging Medicare and Medicaid overbilling. The city faced potential fines in excess of $100 million, but settled the suit earlier this year by agreeing to pay $4.5 million to the federal government. Part of the city’s response was to terminate Regenwether and McGovern.  McGovern was in charge of EMS.

The Civil Service Commission took only 20 minutes of deliberations to reach its decision, which essentially held the city did not meet its burden of proof that the terminations were justified. Because the fire chief’s position is outside of civil service, Regenwether may be reassigned to a civil service position.

More on the story.

Posted in Disciplinary Action, EMS

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Buffalo LODD Lawsuit Update

The tragic death of Buffalo Fire Lt. Charles McCarthy and FF Jonathan Croom on August 24, 2009, sparked lawsuits earlier this year by the families of the deceased firefighters. A recent update by a local news station indicates that one of the central allegations in the suits rests on violations of the two-in two-out rule.

 

Posted in Civil Suit, Municipal Liability, Negligence, Occupational Safety & Health, Wrongful death

Inappropriate On-Duty Internet Activity Claims Nashville Fire Captain

It is not uncommon for members of the public to complain about governmental waste. We have all had to explain to angry taxpayers that it doesn’t cost $2,000 or even $20 to drive an engine company from the fire station to the grocery store, or how it is not wasteful to send a fire truck along with the ambulance to a reported heart attack.

But this case is different. Nashville Fire Captain Jeffrey T. Piercy, a 19-year veteran, was caught chatting on an adult web site called Camfuze.  Apparently, the website is used to share sexually explicit photos  and have X-rated video chats.  Former Captain Piercy admitted to using his personal laptop computer to access the site while on duty.

Why the admission? Turns out that someone at the other end of the chat was so upset at seeing an on-duty firefighter, that he tipped off the media and the fire chief by sending them a screen shot of Piercey broadcasting from the station on the adult web site. He appropriately titled the email as “Government Waste”.

In the photo, Piercy was wearing a Nashville Fire Department uniform shirt with his name on it. The screen shot of the site showed that Piercy had been a member of the site since November 2009 and it featured a photo of Piercy in his captain's quarters at the fire department.

The fire department investigated, and Piercy admitted to the charges. He was reassigned to work at the training academy.  After investigation Piercy has been temporarily demoted from captain to fire engineer, and suspended for 10 days without pay. His punishment ends in January 2011.

For video news coverage.

Posted in Disciplinary Action, Sexual misconduct, Social Media, You Can't Make This Stuff Up

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Circumventing Nepotism Law Creates Larger Problem for Louisiana Fire Chief

Trying to circumvent an ethics problem created an even larger headache for a Louisiana Fire Chief. Former Grand Caillou Fire Chief, Johnny Duplantis, and his wife, Carol Duplantis, recently paid $8,000 in fines for violating state ethic laws. The chief allegedly approved payments to his wife for work she performed using the identity and Social Security Number of another firefighter to claim the payment.

In September 2008, Hurricanes Gustav and Ike struck the gulf coast, and the fire department faced a severe manpower shortage. Carol Duplantis agreed to work for the fire department for roughly six weeks. The problem was that state ethics laws prohibit nepotism, and thus prohibited the chief from being able to hire his wife even in an emergency.

In an effort to avoid the ethical trap, the chief approved an employment agreement, time sheets, and payment of $1,170 to his wife by using the name and Social Security Number of Tressa Verdin, a mutual friend and volunteer of the fire department.

The couple said that they had Verdin’s approval before submitting her name, but Verdin’s denied agreeing to the arrangement.

Verdin told reporters “I was called over to their house to sign a check that was made out to me from the department. I was told this was because Carol had worked for the department during both hurricanes, and she couldn't get pay because she was Johnny's wife and it wasn't fair.” Verdin claims she was pressured to sign the check and later reported the matter to the State Ethics Board.

The State Ethics Board ruling on the matter was handed down earlier this fall. Chief Duplantis resigned from the Department in December, 2009 citing health reasons. The couple is also facing criminal charges related to the same series of events.

For more.

 

Posted in Conflicts of Interest, Criminal Law, Disciplinary Action, You Can't Make This Stuff Up

Detroit Medics Claim Whistleblower Status Over Media Complaints

Two Detroit medics are in hot water after speaking out publically about problems within the EMS system in Motor City.

 

Posted in Constitutional Rights, Disciplinary Action

How much does a lawsuit cost? Ask Volusia County

A headline from Florida this week read: $1M Spent To Battle Firefighter In Court. Fire lieutenant Kurt Vroman was terminated by the Volusia County Fire Department for lying…. about getting food during his workshift. Really? About getting food?

Vroman alleged the termination was retaliation for complaints he made about safety related matters, as well as a no-confidence vote he spearheaded against Fire Chief Jim Tauber in 2004. Vroman was union vice president at the time. In response to the termination he filed a law suit.

In 2008, a Federal court jury awarded Vroman $10,000 in damages and ordered him reinstated. Rather than pay, the county chose to appeal. In February, 2010, the 11th Circuit Court of Appeals ruled in Vroman’s favor, but the county refused to hire him back. The case was just settled last week with the county payout equaling:  $44,700 to Vroman, and $278,300 to Vroman’s attorneys. The county also spent $611,500 on its own legal fees for a grand total of $934,000.

This link has video coverage of the settlement.

Posted in Civil Suit, Constitutional Rights, Disciplinary Action, Labor Law, Municipal Liability, Politics

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Firefighter Suspended in Fire Station Turkey Shooting

A firefighter in Hazleton, Pennsylvania has been suspended for shooting a wild turkey outside his fire station while on duty, and serving the bird as a meal to other firefighters. Kevin Ruby, 39, pled guilty to killing the turkey outside the city’s Southside Fire Station on October 10, 2010.

Ruby was fined $1,000 for the offense by the Pennsylvania Game Commission, and faces charges for discharging a firearm within city limits.  He was suspended without pay from the Hazleton Fire Department pending internal investigation.

Ruby will also face disciplinary action in two other municipalities, West Hazleton and Kline Township, where he is employed as a part-time police officer. Both departments have started administrative investigations into the shooting.

For more information.

Posted in Criminal Law, Disciplinary Action, You Can't Make This Stuff Up

Do your rules allow sex offenders to remain a firefighter?

This video asks a disturbing question: should sex offenders be allowed to serve as firefighters, and if they are already firefighters when they are convicted, should they be permitted to remain serving as firefighters or be terminated?

 

I think the question is disturbing because it is even being asked. In fact it is scandalous for anyone to even consider that such criminals be allowed to serve as firefighters, and enter peoples homes when they are most vulnerable and helpless. You can’t make this stuff up!

Posted in Criminal Law, Disciplinary Action, Sexual misconduct, You Can't Make This Stuff Up

Major Investigation Underway into Mileage Reimbursements in Chicago Fire Department

A major investigation is underway in the Chicago Fire department into allegations that fire inspectors falsified mileage readings on their personal vehicles used to conduct fire inspections. The department does not provide city vehicles to inspectors, who use their own vehicles and are reimbursed for mileage.

Ironically, the members were caught because of a prior scandal that broke several years ago, and resulted in the requirement that personnel carry GPS equipped cellphones with them to track their movements. It was the GPS tracking capabilities that led to the discovery of the abuses. The cellphone requirement was implemented in October, 2007.

According to Chicago Inspector General Joe Ferguson, 80 firefighters are involved in the mileage falsification scam. News reports quote Ferguson as saying the costs to taxpayers is in the hundreds of thousands of dollars in 2009 alone.

Posted in Criminal Law, Disciplinary Action, Fire Prevention

Suit Alleging Unnecessary Damage By Firefighters Dismissed

The owner of a historic building in the Borough of Glendon, Pennsylvania, has lost his suit against Glendon and the City of Easton for damage to the building following a fire on June 14, 2008.

Owner Mario Russo alleged that firefighters from Easton wrongfully damaged parts of the building "for no reason but to weaken the structure so it can't be rehabilitated." Russo further alleged when the building was demolished for safety reasons the day after the fire, it was done in such a way as to make it impossible to rehabilitate the structure.

The lawsuit was dismissed after Russo was unable to substantiate his claims. According to Easton Mayor Sal Panto Jr., the suit was frivolous from the start:  "You're taking a blighted building that had been in disrepair for years, and you're trying to say the fire department did more damage than necessary. That's just ridiculous."

No word on an appeal. For more on the story.

Posted in Civil Suit, Municipal Liability, Negligence

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Boston Firefighters Caught on Video – ACTING LAWFULLY!!!!

Some Boston firefighters seem to have found themselves in hot water after being caught on a cellphone video. A passerby caught an altercation between Boston firefighters and a civilian who allegedly had stolen a firefighter’s helmet. As the video below shows, the media seems to be playing this matter up as an example of unnecessary brutality and aggressiveness on the part of the firefighters. But what is the law?

Firefighters have the same power to arrest someone for committing a crime as anyone else, essentially power to make a citizen’s arrest. Any person has the lawful right to arrest someone who has committed a misdemeanor in their presence. In addition, a citizen can arrest someone if they have probable cause to believe the person has committed a felony.

Most states use a dollar amount to separate theft crimes into either felonies or misdemeanors, with $500 being the most common threshold for a crime to become a felony. In Massachusetts the dollar limit is $250.

In this case, if the helmet was worth more than $250 (which most new leather helmets are), and the firefighters had probable cause, then the firefighters were lawfully apprehending a felon. Even if the larceny was for less than $250, they still had the legal right to arrest the perpetrator if the theft occurred in their presence.

As for the use of force, a citizen has the right to use reasonable force to apprehend and detain a person they have a lawful right to arrest. After watching the video – this is not even be a close case. The media should be ashamed of themselves for trying to make a sensational story out of it. Arrests are ugly business – as anyone who watches COPs can attest.

It does go to show that we all need to assume we are on video when ever we are in public!!!!

 

 

Posted in Constitutional Rights, Criminal Law, Wrongful Arrest, You Can't Make This Stuff Up

Family of Boston LT Kevin Kelley File Suit Over LODD Accident

In a long expected lawsuit, the family of Boston Fire Lieutenant Kevin Kelley has filed suit against six companies who inspected or worked on the brakes of the ladder truck prior to the tragic 2009 accident that took his life. In a move that many found surprising, the suit did not include the City of Boston Fire Department.

Lt. Kelley died and three firefighters were seriously injured when Ladder 26 lost its brakes while coming down a steep hill on January 9, 2009. The truck struck a building.

The wrongful death lawsuit was filed on November 1, 2010 in Suffolk County Superior Court, and alleges negligence and gross negligence by the six private vendors who serviced the ladder truck. The vendors are Bay State Auto Spring Manufacturing Co. of Roxbury; Boston Freightliner Inc. of Everett; Broadway Brake Corp. of Somerville; Damian Diesel Inc. of Avon; Suspension Specialists Inc. of Allston; and Woodward’s Auto Spring Shop Inc. of Brockton.

According to the Boston Globe, several of the vendors expressed disbelief at being sued.  Philip D’Angelo, president of Broadway Brake, is quoted as saying  “We didn’t really do anything to that vehicle…. We did a state inspection on that vehicle a year before, so I know it’s not going anywhere as far as we’re concerned. We didn’t do anything to it. What I’ve done is hand [the lawsuit] over to my insurance company, and they’ll deal with it.’’

The vendors may choose to add the City of Boston and/or the Boston Fire Department to the suit as a third party defendant.

 

Posted in Apparatus, Civil Suit, Municipal Liability, Occupational Safety & Health, Wrongful death

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