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Louisiana Fire Department Sues Firefighter Arsonist

A combination fire department in Louisiana has filed suit against one of its former call firefighters who set fire to a building owned by the department. The Little Caillou Fire Department filed suit in state court against Jesse Patrick Marcel, 22, who recently pled guilty to setting four fires between 2009 and 2010.

One of the fires that Marcel set was on March 15, 2010 in a house owned by the department and occupied by another member of the department. Damages to the building were estimated at $55,000. The fire department’s insurer, American Alternative Insurance Corp., was also a named plaintiff in the suit under its right of subrogation to recoup $50,000 they paid the fire department.

Marcel was sentenced to one year in prison, and ordered to pay restitution of $10,700 to the house’s tenant, firefighter Whyley Pellegrin.

Incidentally, out of 2,134 lawsuits in my fire litigation database… this is a first: a firefighter sued by the fire department for arson!

For more on the story.

Posted in Arson, Civil Suit, Criminal Law, You Can't Make This Stuff Up

Amityville Settles Age Discrimination Suit Over Volunteer LOSAP

Another New York volunteer fire department has agreed to settle an age-discrimination lawsuit brought by the US EEOC over the way the department credited personnel under the length of service award program (LOSAP).

The Village of Amityville and the Amityville Fire Department agreed to pay $209,280 to settle the class action age-discrimination lawsuit brought by the EEOC.  According to the EEOC complaint, the department ‘s LOSAP  did not credit personnel for service rendered after they turned 65. The Age Discrimination in Employment Act (ADEA) prohibits age discrimination against persons over the age of 40.

Under the consent decree, the department agreed to permanently eliminate the age restriction on service credit, provide training for personnel who administer the LOSAP, and institute a formal anti-discrimination policy.  23 firefighters will receive retroactive payments and 15 of the firefighters who are still alive will receive increased monthly pension amounts.

Amityville is by no means alone in the LOSAP ADEA violation situation. Three other New York volunteer fire departments (Eatons Neck Fire District, Mineola Fire Department, and Bayville Fire Company) were sued for age discrimination by the EEOC between 2008 and 2010 because their LOSAPs violated the ADEA. All three of those cases have settled on similar terms to the Amityville case.

If anyone is aware of any additional cases please email me at jcatlaw@aol.com,  so I can add them to my database. 

Here is the EEOC’s press release.

Posted in Civil Suit, Discrimination, Municipal Liability, Volunteers

Facebook Rants Cost Bourne Firefighter His Job

A firefighter in Bourne, Massachusetts has been terminated based on comments he made on Facebook last summer. Firefighter Richard Doherty was terminated last Wednesday, February 23, 2011.

Posted in Disciplinary Action, Social Media, Web/Tech, You Can't Make This Stuff Up

Criminal charges Dismissed Against PA Paramedic

Criminal charges have been dismissed against a Pennsylvania paramedic who prevented a patient from being tasered by police last April. Medic Jodi L. Kerr-Rummel, 31, of the Lower Burrell Volunteer Fire Department, was facing misdemeanor counts of obstruction of justice and disorderly conduct for allegedly interfering with a police officer who was trying to taser a suicidal female patient.

Westmoreland County Judge John Blahovec  dismissed the charges ruling there was insufficient  evidence to prove that Kerr-Rummel intended to interfere with the police officer's efforts to taser the patient. The officer involved alleged he ordered Kerr-Rummel to move out of the way and leave the patient alone, but that she got between the patient and the officer and put her hands on the patient's arm.

The District Attorney’s office has not decided whether to appeal. Left unanswered are some important questions: Does a medic’s obligation to protect a patient from further harm provide a legal justification for protecting the patient  from unnecessary use of force by police? Then there's the ICS question that keeps coming up in these police-fire disputes: who was in charge and legally calling the shots (pun intended)? How about this: Can a police officer lawfully order a medic not to treat or care for a patient at the scene of a medical emergency? A recent case in Leadville, Colorado began with a firefighter being arrested on an EMS run for not obeying the sheriff, and ended with a sheriff being charged with interfering with a firefighter….. 

For more on the story.

Posted in Criminal Law, Duty to Act, EMS, Police-Fire, Wrongful Arrest, You Can't Make This Stuff Up

FDNY EMS Au Bon Pain Debacle Revisited

In a story that seems to get crazier at every turn, the last remaining FDNY EMT involved in the December 9, 2009 coffee shop failure to render aid case has been charged with shoplifting.

You may recall that FDNY EMT Melissa Jackson and her boyfriend, FDNY EMT Jason Green, were accused of failing to come to the aid of a dying pregnant woman, Eutisha Rennix, in a Au Bon Pain coffee shop. While the true facts of the case were not nearly as outrageous as the initial media hype promised, clearly there was room for some improvement in the way the incident was handled.

Last summer, Green was murdered while out night-clubbing. Last October, Jackson was charged criminally with official misconduct over the Au Bon Pain incident.  Rennix’s family filed a suit against the city of New York and Jackson seeking damages for wrongful death.

Jackson has now been accused of trying to steal $50 worth of cosmetics from a Walmart on Monday, February 21, 2011. She has been suspended for 30 days from the FDNY.

For more on the story.

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

Electric Company Sued for California Firefighter’s Electrocution

A California volunteer firefighter who was electrocuted last September while battling a wildland fire has filed suit against Pacific Gas & Electric.

Firefighter Ben Hakala, 36, of the Bodega Volunteer Fire Department was working in the area of a downed power line at a 100 acre fire on September 25, 2010. It is believed that the same 12,000 volt line started the fire and electrocuted Hakala. He was in critical condition following the incident, and continues to recover from extensive injuries.

The suit alleges that the high-tension line was known problem that PG&E should have taken extra precautions for. Property owners who suffered losses from the fire have also filed claims against PG&E seeking reimbursement.

For more on the story.

Posted in Civil Suit, Firemen's Rule, Occupational Safety & Health, Volunteers, Wildland

Another Cheating Scandal Allegation: San Francisco FD

A cheating scandal with racial overtones has been alleged in the San Francisco Fire Department.

Battalion Chief Kevin Taylor has alleged that senior officials provided assistance to white officers on a promotional examination for assistant chief. However, the incident that gave rise to the accusations has been characterized by those involved as a discussion of firefighting tactics unrelated to an examination – involving a retired chief hired to advise the city on how to develop the exam.

The examination was given in August of 2010. Chief Taylor’s accusations were initially investigated by John Kraus, the city’s Director of Recruitment and Assessment Services, who found no wrongdoing. Taylor has appealed this determination to the civil service commission, and asked that a new investigation be ordered.

For more on the story.

If you have not read it yet – here is a copy of the White Paper on Fire Service Reputation Management. LONG OVERDUE!!!!!  Download Fire Service Reputation Management

 

Posted in Discrimination, Ethics, You Can't Make This Stuff Up

Fire Service Court: Social Media Policy

Here is the latest Fire Service Court Radio broadcast addressing the impact of the recent NLRB case on social media issues in the fire service. 
Fire Service Court: Social Media Policy.

Posted in Social Media, Web/Tech, Weblogs

NY Fire Department Settles Military Discrimination Suit

The Gloversville, NY Fire Department has settled a claim filed by a firefighter/military veteran who alleged a violation of the Uniformed Services Employment and Re-employment Rights Act (USERRA).  

Firefighter Kyle Partlow served in the Air National Guard and was deployed to Afghanistan for a year in the mid 2000s. When he returned he claims he was subjected to hostility and discrimination. Partlow also alleged that he was passed over for promotion to captain despite having the highest exam score. He subsequently retired in 2008.

The USERRA prohibits discrimination against members of the military, ensuring that service men and women are not disadvantaged in their civilian careers because of their service; are promptly reemployed upon their return from duty; and are not discriminated against in employment based on past, present, or future military service.

The case was settled on February 9, 2011 for $40,000. I am currently tracking six other fire service USERRA cases – not an overwhelming number but certainly something we need to be aware of.

Posted in Civil Suit, Discrimination

Social Media Case of Cyber Bullying and Harassment: Frenchtown, Montana

Over the past year, we have seen a number of social media related cases end the career of firefighters. However, this case out of Frenchtown Rural Fire Department in Montana is different from the others we have seen.

In Frenchtown, Fire Chief John Bibler is accused of using two fictitious Facebook identities to threaten a female firefighter. In fact he is alleged to have threatened to kill her, her dog and her children. What tied him to the Facebook account? He had asked a deputy chief to set up the fictitious accounts for him!

The victim, volunteer firefighter Jenny Ross, went to court to obtain a protective order against the chief. Judge Karen Orzech denied the request concluding that the threats were not credible enough to warrant a restraining order, but that they did occur. Judge Orzech referred to Bibler’s actions as being “plainly stupid” and in the nature of a sixth grade bully. 

The chief, who has been on administrative leave over the incident, resigned last week.

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Posted in Civil Suit, Disciplinary Action, Sexual Harassment, Social Media, Web/Tech, You Can't Make This Stuff Up

Discipline, Demotions Follow Drinking Incident in DeKalb County

There's been an update on the DeKalb County, GA case involving the firefighters who stayed overnight at a fire station during the ice storm after having been out drinking.

 

DeKalb Chief Talks About Firefighters Accused of Drinking: MyFoxATLANTA.com

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

Albuquerque Fire Bans FMB Stickers

The Albuquerque Fire Department has taken the dramatic step of banning a controversial new sticker that firefighters began placing on their helmets recently. The stickers have the letters "FMB" inside a maltese cross, and the Mayor, Richard Berry, seems to think the stickers are directed at him.

The firefighters counter that the FMB stands for "forever my brother"…….. They happen to be locked in a protracted legal battle with MB over wages cuts.

 Where are our First Amendment scholars…. any thoughts?

 

 

Posted in Civil Suit, Constitutional Rights, Disciplinary Action, First Amendment, You Can't Make This Stuff Up

Pittsburgh Paramedic Fired After Blizzard Death Reinstated

The Pittsburgh paramedic who was fired for refusing to walk through the snow to a patient’s home during a 2010 blizzard, has been reinstated by an arbitrator. Josie Dimon was in charge of Medic 8 on February 7, 2010, when it was dispatched to the home of Curtis Mitchell. Mitchell died in his home after calling  911 numerous times over a 30 hour period.  None of the attempts to reach him succeeded.

Medic 8 was able to get within several blocks of Mitchell ‘s home, but Dimon refused to walk the rest of the way through the snow and instead demanded that Mitchell walk to the medic unit. Dimon’s colorful language over the radio and on a recorded phone line with dispatchers caught the attention of the media, portraying her and Pittsburgh EMS in a callous, unflattering light.

“If he wants a ride to the hospital, he’s going to have to come down to the truck”

“Is he on his way, because we are not going to wait here all day for him”

“He ain’t (expletive) comin’ down and I ain’t waiting all day for him. I mean what the (expletive), this is ain’t no cab service”

 However, like most stories that cause a media sensation, there appears to be more to this story than the  20 second sound bite that the media offers. Dimon claims that she was dispatched on a low priority run, never informed about the severity of Mitchell’s condition, followed a procedure that (seemingly) no one else who followed it during the storm was disciplined for, and was used as a convenient scapegoat for system-wide failures because her story made headline news. One cannot deny that her involvement in the incident was the lightening rod for public criticism of Pittsburgh’s response to the storm.

 

Regardless of what your gut reaction to the story is – take the time to read the arbitrator’s decision.  Here it is: Download Dimon Grievance Award

Maybe you won’t agree with the arbitrator, maybe you will. To me there is a much bigger issue that fire and EMS leaders need to address: when can emergency services stop responding because conditions are too bad – and perhaps more importantly – who should make that decision? Leaving the decision to a company level officer, or perhaps leaving some ambiguity over whether a company officer has the right to make that decision, seems to be noticeably missing from the discussion of the Pittsburgh incident.

Fire departments that are in hurricane prone areas often have formal policies to discontinue emergency response once winds reach a certain threshold, until conditions improve. Should there be a similar policy-based line for blizzards? FDNY EMS faced a wave of criticism this past December following a paralyzing blizzard and the media was relentless. I recall during the blizzard of 1978 we were physically unable to get our apparatus out of the station for nearly 24 hours, let alone to an emergency scene. Even if we could have gotten off the ramp – the roads were totally gridlocked with stopped, abandoned vehicles, including snowplows.

Might similar issues come up during floods, or tornados? Maybe there are other situations?  If a fire department decides not to adopt a formal department-wide policy to limit weather related responses – then should each officer on a rig have the authority to discontinue the response to an incident because conditions are too difficult or dangerous? Is that authority implied? Lots of questions are raised.

Or should we ignore the issue, focus blame and scorn on Josie Dimon, and hope what happened in Pittsburgh won’t happen again. Pittsburgh’s Public Safety Director Michael Huss has vowed to appeal the decision.

Posted in Disciplinary Action, Duty to Act, EMS, You Can't Make This Stuff Up

Conn OSHA Cites Bridgeport Fire in LODDs

Conn OSHA has fined the Bridgeport Fire Department a total of $5,000 for safety violations occurring at the July 24, 2010 fire that killed Lieutenant Steven Velasquez and Firefighter Michael Baik.  Both Lt. Velasquez, 40, and FF Baik, 49, died from smoke inhalation, although Baik’s death was complicated by an underlying heart condition.

Conn OSHA is part of the Connecticut Department of Labor. Connecticut has a public-sector only OSH plan, meaning that the state OSHA enforces Federal OSHA regulations against state and local employers, but has no jurisdiction over private sector entities. In citing the Bridgeport Fire Department, Conn OSHA listed five separate violations:

1. Non-compliance with department’s Mayday policy cited as a general duty clause violation (recognized hazard).

2. SCBA cylinders were not hydrostatically tested under 29 CFR 1910.101.

3. Failure to provide annual fit testing as required under 29 CFR 1910.134.

4. Failure to provide annual medical examinations for personnel using SCBA in violation of 29 CFR 1910.134.

5. Failure to ensure personnel wore SCBA while engaged in interior structural firefighting in violation of 29 CFR 1910.134.

Each violation incurred a $1,000 fine for the $5,000 total.

Here is a copy of the violation notice. Download BridgeportOSHA

Other investigations into the deaths are still underway.

Posted in Municipal Liability, Occupational Safety & Health

Florida EMS Shooting Hoax

A paramedic in Escambia County, Florida is accused of falsely reporting that he had been shot by someone who tapped him on the shoulder at a staging area, when in fact the wound was self inflicted. Yes, another candidate for youcantmakethisstuffup.net.

Paramedic Brandon Richie is charged with filing a false police report. He is suspended without pay.  For more on the story.

 

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

SC Fire Official Charged with Sexual Assault

The Fire Coordinator for Greenwood County, South Carolina has been charged with sexual assault and official misconduct for an incident that occurred during the January 11, 2011 ice storm that hit the region. Randolph Grumelot is accused of taking a 26-year-old female who allegedly was medically impaired to a hotel room for sex while he was supposed to be transporting her from Abbeville to Greenwood because of the bad weather.

The woman was on medication that rendered her physically helpless, and the sexual assault allegedly took place while she was unconscious. Following the incident, he took her to a hospital where he allegedly misled the staff about her situation.   

Grumelot was suspended from his position with the County, and subsequently resigned. He is charged with third-degree criminal sexual conduct and misconduct in office. The criminal sexual conduct statute reads as follows:

SECTION 16-3-654. Criminal sexual conduct in the third degree.

(1) A person is guilty of criminal sexual conduct in the third degree if the actor engages in sexual battery with the victim and if any one or more of the following circumstances are proven:

(a) The actor uses force or coercion to accomplish the sexual battery in the absence of aggravating circumstances.

(b) The actor knows or has reason to know that the victim is mentally defective, mentally incapacitated, or physically helpless and aggravated force or aggravated coercion was not used to accomplish sexual battery.

(2) Criminal sexual conduct in the third degree is a felony punishable by imprisonment for not more than ten years, according to the discretion of the court.

Most states would refer to the charge as sexual assault, while South Carolina refers to it as criminal sexual conduct.

According to Grumelot’s  attorney, Billy Garrett, his client denies the charges, has cooperated fully with the investigation, and “wants his day in court”.

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

Social Media Claims Another Victim: Niagara Falls Fire Chief

The fire chief of Niagara Falls has been terminated over remarks he allegedly made online. Fire Chief Roger Melchior was fired on Monday, February 7, 2011 by Mayor Paul A. Dyster.

Dyster alleged that Chief Melchior made derogatory remarks about “Camel Jockies” in a web forum for Baltimore fire officers. Chief Melchior worked as a firefighter in Baltimore and Green Bay prior to being hired in Niagara Falls in 2010.

When confronted with the statements by the media and city officials, Chief Melchior denied having made them. However, including in the postings were details that presumably only the chief would know.

According to the mayor, the denial contributed to his decision: "There were two separate issues. What comments were posted and did he own up to posting them?” In the mayor’s eyes, the Chief’s failure to own up to making the postings was the icing on the cake.

 

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

The NLRBs Non-Ruling in the Facebook AMR Case

The decision that labor lawyers, social media gurus, Constitutional scholars and fire lawyers have been patiently waiting for has finally been issued… sort of. The controversial case of Dawnmarie Souza, a Connecticut EMT who was fired by AMR in part because of work related information she posted on Facebook, has been settled. The settlement means there will not be a formal decision by the NLRB, and no possibility that the case will be brought to a court for an appeal. 

So where are we? Perhaps it would be best to look at the case in more detail to understand what many had hoped would be some clear guidance for employers and employees about the boundaries of social media use.

In 2009, AMR of Connecticut received a complaint about Souza’s work, and instructed her to prepare a response to the allegations.  She asked for a union representative to assist her, but that request was denied. After work, Souza went on Facebook to complain about what occurred, and was joined by other employees in an online discussion. Disparaging remarks were made, including the use of an AMR code word for a psychiatric patient to refer to her supervisor.

(more…)

Posted in Disciplinary Action, Labor Law, Politics, Web/Tech, Weblogs, You Can't Make This Stuff Up

Wilkes Barre Arbitration Decision Changes Residency Requirement But Not Staffing

An arbitration decision in Pennsylvania awarded firefighters the right to live outside the community. But the decision is being criticized by the firefighters’ union more for what it failed to do than what it actually did.

A three arbitrator panel handling the Wilkes Barre interest arbitration issued its ruling on February 1, 2011, awarding IAFF Local 104 two 3% raises effective January 1, 2011 and January 1, 2012, and granting personnel permission to live within a 13.5 mile radius of fire department headquarters effective January 1, 2012.

The decision also eliminated parity pay with police, eliminated a no-layoff provision, imposed mandatory drug and alcohol testing, and increased the health care co-share for firefighters by 8%.

The union’s labor arbitrator, Thomas W. Jennings, refused to sign the decision and instead wrote a scathing dissenting opinion criticizing the panel for ignoring uncontradicted evidence submitted at the hearing on the need to increase staffing for reasons of firefighter safety. Staffing had been reduced from 14 to 12 in the last year due to budget concerns.

Here are copies of the decision and the dissent.

Download Fire_award

Download Fire_dissent

 

Posted in Labor Law, Staffing

Retired Brazilian Fire Chief Charged With Vigilante Murders

The former fire chief of Panara, Brazil has been arrested and charged with murdering at least eight drug users after his son was murdered by robbers.

Jorge Luiz Thais Martins is believed to have committed the crimes in retaliation for his son’s death in 2009. The death remains unsolved. Chief Martins left the department in 2009.

For more on the story.

Posted in Criminal Law

Another Digital Imagery Challenge: Privacy Issues and Geo Coding

Firefighters and fire departments are struggling to deal with realities that new technologies have brought us. Digital imagery, spy cams, social media, electronic surviellance in the workplace. We have seen the headlines about firefighters being disciplined and in some cases terminated for posting videos and photos online. In a few cases just taking photos at incident scenes have gotten personnel in trouble.

Now there's a new angle on the digital imagery-social media problem: geo coding and privacy. Its not just a fire service issue – but it is one of those virtually unknown problems that technology has ushered in. It is lurking in the background waiting to create a new headline.

Posted in Disciplinary Action, Social Media, Web/Tech, You Can't Make This Stuff Up

Ethics Charges Settled With EMS Chief

The former chief of EMS for FDNY has been slapped with a hefty fine by the city’s Conflicts of Interest Board. Chief John Peruggia, who was demoted in early January following numerous complaints over the city’s response to the December 26, 2010 blizzard, agreed to pay a $12,500 fine to dispose of the matter.

The board alleged that an EMS vendor, Masimo, Inc., gave Chief Peruggia free trips and compensation in exchange for presentations the chief made at various locations across the country. At the time, Chief Peruggia was on a committee responsible for recommending whether FDNY should buy a CO meter that Masimo manufactured.

Most firefighters think of ethics laws as something that only applies to politicians and elected officials. As a result, conflicts of interest laws remain hidden traps for many firefighters who fail to recognize the potential for an ethical conflict until after the fact. In most of the cases I have been involved with, the conflict is blatantly obvious after the fact – yet the potential is missed beforehand by the firefighters involved.

NY1 has a pretty good video on the FDNY case.

Posted in Conflicts of Interest, EMS, Ethics

Who Owns The Photo: the Firefighter or the Fire Department

I received an interesting question concerning the ownership of photos taken by on-duty firefighters and thought the subject was worth discussing here in Fire Law Blog. The question: who legally owns a photo taken by an on-duty firefighter, the firefighter or the fire department?

When we talk about the ownership of photos, we are really talking about Copyright Law! Copyright protections apply to any original work of authorship/art and that includes photos, videos and digital imagery. The general rule is that a person who takes a photo owns the copyright UNLESS the photo was taken as a “work made for hire”, or in other words unless the photo was taken under the order of, or commissioned by, another person.  

In the case of a photographer who is an independent contractor, the photographer owns the copyright unless he/she agrees otherwise in writing. In an employer-employee context (the typical firefighter scenario), the law is a bit more complicated. The general rule is that a photo taken by an employee within the scope of his or her employment belongs to the employer. When it comes to firefighters, the million dollar question is:  is photo taking within the scope of the firefighter’s employment?

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Posted in General legal issues, Historical, Social Media, Web/Tech

FDNY Firefighters and Officers Unions Sue To Block Cuts

The FDNY Uniformed Firefighters Association and the Uniformed Fire Officers Association have filed suit against the City of New York to challenge the reduction of staffing on 60 engine companies from 6 personnel to 5. According to Mayor Bloomberg the cost cutting move is expected to save $30 million (either those guys make an awful lot of money or the mayor’s math is off…. I’m betting it’s the latter).

The staffing reduction means all 194 engine in FDNY will now be staffed with 5 members (an officer and 4 firefighters). Previously the 60 busiest engines were staffed with 6. Ladder companies will continue to be staffed with 6 (an officer and 5 firefighters).

 

 

Posted in Civil Suit, Labor Law, Occupational Safety & Health, Staffing

Amtrak Sues Detroit Fire For Train Collision

Amtrak filed suit yesterday against the city of Detroit for damages following a March 1, 2010 accident in which a Chicago bound train struck a Detroit Fire Department ladder truck parked on the tracks. The lawsuit, filed in United States District Court in Detroit, alleges negligence by the firefighters, who were operating at the scene of a vehicle accident between a tractor trailer and car.

Amtrak claims its damages exceed $75,000. The DFD ladder truck was destroyed in the accident and was valued at $600,000. One firefighter was injured in the crash, and one passenger on the train was treated.

For more on the story.

Posted in Apparatus, Civil Suit, Municipal Liability, Negligence, You Can't Make This Stuff Up