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YCMTSU PA Fire Department Sues… Oh You’ll Just Have To Read It

We have seen firefighters sue fire departments. We have seen fire departments sue firefighters. We have seen fire districts sue fire departments and fire departments sue municipalities. We have even seen fire departments sue other fire departments.

But here is a first: a fire department suing itself… sort of…

The Macungie Volunteer Fire Department in Macungie, Pennsylvania has filed suit against the Macungie Fire Company over what it claims are nearly $17,000 in bills paid and repairs made to the fire station they both share. While the two organizations share the same building (ie. a fire station), the Fire Company is simply a “social organization” that runs a social club and bar… in the fire station’s hall… while the fire department is… well… a fire department.

According to news reports the two entities were originally a single non-profit corporation until 2008, when a decision was made to split off the firefighting function from the social organization. The Fire Company kept the liquor license and a brand new entity was created: the Fire Department.

It is me? Maybe I just cannot get my brain around how a fire department and a fire company that share the same facility, practically the same name… and might I venture a guess… many of the same members…  can’t get along to the point that a lawsuit must be filed. It’s like one shift suing another shift because they didn’t leave enough milk in the fridge at shift change… (BTW … true stories from the firehouse…. sorry C Group).

Trust me… the lawyer in me get’s it… it’s the firefighter in me that is struggling with this one.

Here’s more on this crazy story… and certainly if anyone from PA can fill in the blanks, I’d love to hear from you!

Posted in Civil Suit, Humor, Volunteers, You Can't Make This Stuff Up

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Cyberbullying – The Ugly Side of Social Media

We have all seen the comical photos of Walmart shoppers in various modes of dress and undress. One performer has even made several humorous music videos depicting the weirdos and crazies.

Facebook itself had its origins by showing photos of college students and allowing people to rate them as “hot or not”. It’s all in good fun, right? No harm, no foul.

So what is going on in Emmitsburg, Maryland, home of the US Fire Administration and the National Fire Academy, where a mother has declared war on cyberbullying after a firefighter posted photos of her daughter on line accompanied by unflattering comments.

Sherry Myers is furious about photos of her daughter Jayden that were posted online by a Pennsylvania firefighter that mocks her shoes, and asks people to guess whether Jayden is a boy or a girl.

It’s the other side of the laughter… the painful side… the ugly side of social media.

Here is a link to Sherry’s Facebook page, which she has aptly named Justice for Jayden. Spend some time there and read some of the comments from those who have been hurt by cyberbullies.

Here is more on the story itself.

While all the facts have yet to be sorted out in the Myers case – let me make a few points about where we are law wise on cyberbullying.

Here in the US, the laws are way behind the times. While some states have enacted laws to address cyberbullying, most states rely upon tort privacy laws developed in the 1800s and 1900s. These laws did a decent job until fairly recently. Today they are being asked to address an entirely new problem… and it may be a task they are not up to.

Is it really an entirely new problem? Bullying has always been around and always will be – but when it comes to spreading hurtful information on a massive scale – I say what we are facing is an entirely new problem.

In the late 1800s, how would one go about spreading embarrassing rumors, malicious falsehoods, or even breach a person’s right to privacy on a massive scale? The options were pretty limited and usually required large sums of money to take out newspaper ads, or influence reporters and editors in order to spread a story very far. The spreading of the story would be relatively slow compared with today – and the courts did offer some remedies that could address those mean spirited activities. Newspapers also had to be concerned about such suits and thus had an incentive to do some self-policing of what was published.

The 1900s brought us new means of mass communications through radio and later television. Still these methods of communication were beyond the financial means of most people and the law offered realistic remedies to address any wrongdoing that did occur. Like the newspapers, radio and television stations themselves had good reason to watch what was said out of fear of becoming the target of such a suit.

But what about spreading malicious information in the Internet Age – where virtually anyone can communicate with thousands, even millions, for free and virtually instantly? What about the fact that people who have no financial footprint to speak of can spread malicious information to an unprecedented degree with little to no risk of legal consequences? No self-policing… they are judgment-proof… or close enough to make the cost of a civil suit unrealistic for most people.

How exactly does the law – developed originally to address problems back in the Pony Express days, give Sherry and Jayden Myers some measure of comfort, some justice?

And just as importantly, how do we, as members of the Internet community, draw our own lines about what is and is not fair game when it comes to humor, satire and parody?

The two issues are linked… or at least they should be.

Can we protect Jayden and still have our funny Walmart photos? Is there a line that can be drawn that makes one OK and the other not?

The law should reflect the ethical choices we as a society believe in.

Posted in Ethics, First Amendment, Humor, Municipal Liability, Social Media, You Can't Make This Stuff Up

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Orange County Haircutting Hazing

A year long investigation into a haircutting hazing incident in Orange County, California has concluded with the announcement that 13 firefighters have been disciplined.

The story began in April of 2012 when a group of firefighter recruits in uniform went into a fastfood restaurant, In-N-Out Burger, sporting an assortment of extreme haircuts. The strange styles included reverse mohawks, missing clumps of hair, and one recruit whose head was painted bright red.

A concerned citizen in the restaurant at the time notified the fire chief setting off a major investigation. The investigation proved to be very unpopular with the rank and file, and was even characterized by one member as “the biggest morale-busting waste of money I have ever seen.”

Orange County investigators consulted with the Orange County District Attorney’s Office when it was determined that some of the firefighters were forcibly held down while their hair was cut. The DA looked at the facts but declined to prosecute the offenders, and the case remained simply an internal disciplinary matter for the fire department.

The specifics of the discipline meted out to the thirteen members has not been disclosed, although we do know that none were terminated and all received some days off. According to news reports all 13 were charged with “unprofessional conduct”.

More on the story.

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

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Letterman v Carson with Judge Wapner Presiding

Posted in Humor

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Retired Pittsburgh Captain Settles First Amendment Case

The strange case involving retired Pittsburgh fire captain David Cerminara appears to have come to a close.

Captain Cerminara filed a lawsuit in Federal Court last summer alleging that the city wrongfully withheld his severance check in retaliation for his exercise of his First Amendment Rights. See the original post from July 6, 2012.

The crazy story began back on May 30, 2012, Captain Cerminara’s last official work day before he retired on June 1, 2012 at 08:00 hours. While on duty the captain observed a city crew paint lines on the roadway in front of his station. An hour later, a second crew came by and tore up the freshly painted surface in preparation for resurfacing.

Shortly thereafter a news crew in the area covering the story happened by and asked Captain Cerminara what he had seen. He told them, including referring to the work as a waste of taxpayer funds. The news station then ran a humorous story about line painting – repaving incident.

Apparently city officials didn’t think the story was as funny as everyone else did. In fact, Public Safety Director Michael Huss was so upset that he personally went to Captain Cerminara’s house on June 1, 2012 at about 2:30 pm to deliver an order rescinding his retirement and directing him to remain on duty until June 21, 2012 so he could be disciplined. According to the complaint: “When it was pointed out to Defendant Huss that he could not order a person who no longer worked for either him or the City of Pittsburgh to remain on duty, to attend a hearing, or indeed to not speak as a private citizen on a matter of public concern, he became enraged.”

According to the suit, the city and Director Huss refused to give Captain Cerminara his severance check, estimated to be approximately $20,000. In the settlement announced on Monday, the city agreed to release the captain’s severance check in the amount of $16,255.57, plus pay $7,500 for Captain’s Cerminara’s attorney fees.

More on the story.

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

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Ten Most Ridiculous Lawsuits of 2012

I came across this humorous story from the U.S. Chamber of Commerce’s Institute for Legal Reform, and while I do not share their views on the need for legal reform… and am certain there is more to each of these stories that would put them in an entirely different light… they are pretty funny. Enjoy:

The Top Ten Most Ridiculous Lawsuits of 2012 are:

  1. Intoxicated Florida driver pleads guilty to manslaughter, then sues victim he killed.
  2. Michigan woman files $5 million suit for the leftover gas still in her repossessed car.
  3. 13-year-old Little Leaguer sued by spectator who got hit with baseball.
  4. Maximum security inmate who went to jail with five teeth sues prison for dental problems.
  5. Anheuser Busch sued when longneck bottle used as weapon in bar fight.
  6. National Football League fan sues Dallas Cowboys over hot bench.
  7. California restaurateur sued for disabilities act violations in parking lot he doesn’t own.
  8. Colorado man wins $7 million blaming illness on inhaling microwave popcorn fumes.
  9. $1.7 billion suit claims City of Santa Monica wireless parking meters causing health problems.
  10. Bay Area parents sue school after their son was kicked out of honors class for cheating.

Incidentally, while there were no fire department suits in the 2012 listing, we have had our share of stories over the years. Recall the 2011 case from Frenchtown Township, Michigan where an impaired driver with a sordid driving history drove into the back of a fire truck parked at a previous accident, had to be extricated with the jaws of life, and then had the audacity to sue the fire department and firefighters who helped save his life.

You can’t make this stuff up…. dot net.

Posted in Civil Suit, Humor, You Can't Make This Stuff Up

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Fire Station Toilet Paper Sparks Investigation in Florida

Pompano Beach Fire Rescue is investigating who is responsible for stocking Station 103 with toilet paper that bears the face of President Barack Obama.

According to spokeswoman Sandra King the incident “is being fully investigated as a ‘politically motivated, conduct unbecoming situation.’”

King also told reporters “If you have an opinion you’re certainly entitled to it, everyone has their opinion. Put it on your own personal vehicle or your own personal things…  But you don’t display it on city property, on city grounds that maybe someone else doesn’t agree with that politically motivated and its inappropriate.”

The same station was investigated last year when a firefighter complained that another firefighter affixed an anti-Obama bumper sticker to his locker.

More on the story.

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

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Helmets and My Stupid Idiotic Chief

Today’s burning questions (yes its plural): Part I: My chief is a complete and total stupid idiot. He refuses to issue me and the other guys that came on with me in my training academy new helmets despite the fact that (1) we have been on the job for 11 years; (2) we have never been issued replacement helmets; (3) NFPA standards require that the helmets be replaced after 10 years; and best of all (4) we know that he knows he is supposed to replace the helmets at the 10 year mark because the moron replaced our turnout gear (coats and pants) just before our 10th anniversary. What can we do?

Part II: My chief is a complete and total stupid idiot. He is insisting that we replace perfectly good fire helmets – helmets that there is absolutely nothing wrong with – just because they are 10 years old. Like everyone else we are struggling for funding and this moron wants to squander money replacing helmets. What can we do?

Answer: I’m staying out of this one. By the way, did you hear what’s going on in FDNY?

Posted in Burning Question, Humor, Occupational Safety & Health, You Can't Make This Stuff Up

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Online Photos Spark Investigations in Two Departments

Two stories in the news this week have prompted investigations in their respective fire departments looking into inappropriate behavior of firefighters. Both cases would probably have been non-issues had it not been for the fact that certain photos found their way online.

One case involves internet photos of Baltimore City Mayor Stephanie Rawlings-Blake’s face on a roll of toilet paper and Fire Chief James Clack’s face in a toilet bowl.  The photos have sparked a number of things:

  • Accusations against Baltimore Firefighters Local 734 union president Rick Hoffman that he allowed the images to be circulated without condemnation and what’s more, suspended another union official for informing city officials of the photos
  • An official fire department investigation into the matter
  • A protest of sorts by some union members against the union
  • A public apology by President Hoffman and condemnation of the photos

More on the story.

The second case involves the questionable behavior of several Jacksonville, Florida firefighters who took part in a fundraiser event held at the Whiskey River nightclub to support the family of a firefighter who died while off duty.

The firefighters, wearing turnout gear, engaged in racy (some allege lewd) behavior during the event.

The Jacksonville Fire Rescue started an internal investigation after photos of the event appeared online. JFRD policies prohibits firefighters from wearing anything that identifies themselves as a firefighter in a place that sells alcoholic beverages, unless they’re working in a city capacity.

More on the story.

Jacksonville follow-up:

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

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Rapper Apologizes for A Pole In My Pants Video

An entertainment firm, Play Wit It Entertainment, has issued a public apology to the Jackson, Mississippi Fire Department on behalf of  “Hollywood Luck” following a controversial  rap video that showcased a JFD ladder truck and turnout gear. The department reportedly has taken “severe” disciplinary action against those involved in making the truck and PPE available, but the details have not been released.

The apology said:  ”As entertainers we were unaware of any policies, laws or wrongdoings that were made during the time of creating our video. Words cannot express how truly sorry we are for any inconvenience that we may have caused our city.”

A new version of the video has been released that omits the JFD ladder and PPE.WLOX.com – The News for South Mississippi

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

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Police Fire Wars in Mississippi

A Mississippi fire chief and a county deputy sheriff are the latest participants in the ongoing Police-Fire Wars.

The incident occurred last Sunday at a motor vehicle accident in Poplarville, Mississippi. Allegedly the single vehicle involved in the crash was on its roof and its occupants were treated and transported.

The vehicle’s owner did not want to pay for a wrecker, so Pearl River County Sheriff’s Office Corporal Joe Garcia was planning on allowing an unidentified person to turn the vehicle back onto its wheels using a winch.

Poplarville Fire Chief Mike White had a concern about flipping the car due to the presence of leaking fluids and the proximity of onlookers. At one point Corporal Garcia physically restrained Chief White and later arrested and charged him. The episode was caught on tape.

As the video shows, the question again comes down to who was in charge… and as we have seen time and time again the way police officers tend to handle disputes over who is in charge is by arresting fire and EMS personnel.WLOX.com – The News for South Mississippi

Posted in Criminal Law, Disciplinary Action, Humor, Police-Fire, Politics, Wrongful Arrest, You Can't Make This Stuff Up

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Throwing Handlights At Passing Cars

Today’s burning question: We were at an emergency scene and a car came driving up really fast, totally disregarding our safety. I even shined my flashlight directly at the driver but he kept on coming. Out of frustration I threw my flashlight at him. I can’t get in trouble, can I?

Answer: It depends on whether you consider criminal charges and being liable for the damages getting in trouble.

On Monday, the fire chief of the Bennington Rural Fire Department, in Bennington, Vermont pled not guilty to misdemeanor counts of disorderly conduct and unlawful mischief arising out of an incident that occurred on June 3, 2012.

Chief Joseph T. Hayes, 43, was at the scene of arching wires and was attempting to ascertain the pole number when he claims a car driven Frederick Grant approached at a high rate of speed. The incident occurred at about 11:00 pm. The chief initially tried to shine the flashlight to get Grant to slow down, but when Grant continued the chief threw the light striking the front bumper of his car.

Grant claims he was unable to see Chief Hayes, who was not wearing PPE or anything reflective. He said his windshield wipers were on due to rain and mist causing his windshield to be streaked, and the glare from the headlights of parked vehicles made it hard for him to see. Grant claims he was in a line of cars that were all traveling 15 to 20 mph through the area.

Chief Hayes’ attorney, William T. Wright, claims he has witnesses to support the chief’s version of events. He said “It’s our belief that when their information is disclosed, it will put a very different light on what happened. A jury would have a very tough time convicting Chief Hayes. He was just doing his job as the fire chief.”

This case is interesting to me because it is not that uncommon a fact pattern. I have personally represented firefighters who have similarly thrown objects at arrogant, oblivious drivers, and have had to discipline firefighters for doing similar things. Whenever I discuss this factual scenario, invariably other firefighters recount similar experiences.

A few key points:

  • A firefighter who throws an object at a passing motorist or vehicle could be charged with assault  (battery if the vehicle is actually struck) because the vehicle is considered to be an extension of the persons in it (I know, I know but the cases go back to the 1700-1800s when someone would punch a horse because they were angry with the rider)…
  • Self-defense is only a defense if the facts indicate that the object was thrown in an effort to warn the driver, not out of frustration or retaliation…
  • I have seen firefighters convicted and required to pay damages BUT I have also seen drivers who realize they were wrong and apologize. A case in point:

My former boss, Fire Chief Alfred Bertoncini (ret.), told me a story about one of Providence’s most well known deputy assistant chiefs, Robert Weakley. When Chief Weakly was a lieutenant, and Chief Bertoncini was his driver (chauffeur in Providence parlance) they were responding to a house fire early one morning in one of my old companies, Engine 3. While enroute they approached a traditional milk delivery van (where the driver drove standing up). As they passed the milk truck the driver seemed to speed up, and then refused to pull over or stop. As the two vehicle proceeded down the street, the engine needed to take a right. Lt. Weakley tried to visually and verbally signal the milk truck driver to no avail, and in desperation threw his handlight out of the cab of Engine 3, crashing through the side door of the milk truck shattering the door and striking the driver.

Engine 3 proceeded to the fire with both men thinking their careers were over…  until later that morning when the owner of the dairy and the driver appeared sheepishly at their fire station wanting to know how much they owed for the handlight.

Now that is old school!

As for Mr. Grant, he wants Chief Hayes to pay approximately $1,000 for damages to his bumper.

More on the story.

Posted in Apparatus, Burning Question, Civil Suit, Criminal Law, Disciplinary Action, Historical, Humor, You Can't Make This Stuff Up

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Another Prankster Uses Hitler Rant Video Clip

The video clip of Adolph Hitler ranting against his generals and staff has been used by another prankster to lampoon its latest victim: Colorado Springs Fire Chief Rich Brown. In March we covered a previous use of the same clip to parody a firefighter upset about being detailed to an EMS unit for a shift.

The Colorado Springs video surfaced on June 4th and despite an investigation by the city’s IT department, the department is no closer to finding the culprit. Deputy Chief Tommy Smith has indicated “If we were to find out who did that and it was done on-duty, we would hold them accountable.”

Since the video is readily available on YouTube for anyone to customize with the subtitles of their choosing, it is unlikely the Colorado Springs version will be the last fire service related use that we see.

Rather than complain about it – perhaps we might as well enjoy it… Its 2012!!! Get over it!!! A better approach would probably be to organize a contest for the best fire service related use of the Hitler video.

Any takers out there?

More on the story.

Posted in Disciplinary Action, Humor, Sexual misconduct, Social Media

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Cracking Jubblies Comment on Facebook Leads to Medic Being Disciplined

Not sure how we missed this one back in April when the decision came down, but a British Paramedic was found guilty of misconduct for posting a remark on his Facebook page indicating that he “copped a feel” while on a run.

Paramedic Mark Small of the Great Western Ambulance Service was accused of misconduct for a post he made following a shift on June 28, 2011. The comment was reportedly: “Saved someone’s life and managed to cop a feel of some cracking jubblies.”

Following the posting, Small was suspended from work. He was later reinstated when it was determined that he never actually touched anyone… he apparently was just bragging that he had. The UK’s Health Professions Council reviewed his case and concluded Small’s conduct was “irresponsible, immature and highly unprofessional”. He was given an official caution that will remain on his record for 3 years.

Isn’t it nice to know that it’s not just us who are struggling with social media…

More on the story.

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

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Here’s to Rescue Details… and Fine Whine

A friend from Cal Fire just sent me a link to this YouTube video – and for all the folks in Providence – as well as any department where firefighters occasionally get detailed to rescue/ambulance duty – this parody will sound all too familiar!!!

Thanks Mike T.

Posted in EMS, Humor, Social Media

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2011 A Fire Law Year in Review

Happy New Year!!!! Its time to take a look at the most important and most bizarre fire service legal cases of 2011.

First, the three most important cases:

Westmoreland v. Sutherland, was a 1st Amendment case handed down by the US 3rd Circuit Court of Appeals upholding an Ohio firefighter’s right to appear at a city council meeting during an open forum and speak critically about a matter of public concern without fear of retaliation or punishment. The court restated the key considerations for determining if a firefighter’s speech is protected: the firefighter must be speaking as a private citizen (off duty and not as a spokesperson for the department) on a matter of public concern. In Westmoreland, the matter of public concern was the financially driven decision to eliminate a dive rescue team, and its impact on the drowning deaths of two children in separate incidents.

Marcelin v. City of West Palm Beach, decided by the US 11th Circuit Court of Appeals, was the latest effort to clarify a firefighter’s right to remain silent during an administrative investigation. Marcelin held that a firefighter who is ordered to answer employment related questions as part of an administrative investigation must answer the questions even if the answers would tend to incriminate him/her in an active criminal case. The protection afforded by the Fifth Amendment’s self-incrimination provision is satisfied by the fact that the statements cannot be used by law enforcement in any way. However, the questions must be answered.

NAACP v. North Hudson Regional Fire & Rescue, was a US 3rd Circuit Court of Appeals decision involving residency and discrimination. The NHRFR in New Jersey required applicants to be a resident of one of the five communities making up the regional district. The district was 69.6% Hispanic, 22.9% white, and 3.4% African American. The department was 79.5% white, 19.2% Hispanic, and .6% African American. The NAACP sued claiming the residency requirement created a disparate impact on African Americans. NHRFR’s defense was that opening the process up to non-residents would disadvantage Hispanics and other minorities by allowing more white applicants from other towns to apply. The court noted that some New Jersey fire departments use residency requirements to enhance minority employment opportunities. The court even referenced a 1977 race discrimination case brought by the Federal government against twelve NJ municipalities, where the jurisdictions entered into consent decrees that mandated the use of residency requirements to enhance minority recruitment. Those consent decrees remain in effect today, some 30+ years later. But the 3rd Circuit rejected the use of a residency requirement by NHRFR in this case finding that it served to limit African Americans from applying to become firefighters, and thereby caused the disparate impact. The court further concluded that the use of the residency requirement could not be justified as a business necessity.

 

The most bizarre cases:

in re Estate of Thomas Araguz, was one of the most bizarre fire service cases ever, and involved a tragic LODD. A Texas judge ruled that a purported marriage between a male firefighter and a transgendered woman was void under Texas law. Judge Randy Clapp held that the marriage between Wharton Fire Department Captain Thomas Araguz III, who died in the line of duty on July 3, 2010, and Nikki Azagus, was void because Nikki was born a man. As a result, over $600,000 in survivor’s benefits were awarded to the firefighter’s children, not Nikki. The ruling made it unnecessary for the court to consider an even more contentious issue: whether Captain Azaguz knew his wife was transgendered when he married her, or whether (as his mother alleged) he was the victim of fraud.

Bernstein v. Village of Piermont, et al, is a New York suit brought in 2011 by Mark Bernstein, father of 16 year old Adam Bernstein, alleging that Adam was sodomized by other firefighters as part of a ritualized hazing of new members in the Piermont Fire Department. An adult firefighter and two juveniles have been charged criminally in connection with the case.

Otter v. Frenchtown Township et al, is another suit brought in 2011, where the driver of a pickup truck in Michigan who rounded a corner at a high rate of speed and slammed into the back of a fire truck parked at the scene of a previous accident, is suing Frenchtown Township, MI and one of the firefighters who helped extricate him. The accident was caught on videotape. The driver/plaintiff has a long record of driving infractions and was observed by a TV news crew to be feigning injuries he claims were attributable to the accident.

The Otter case shares some similarities with the first runner up for most bizzare, a case out of Colorado where a convicted arsonist, Joel  Ledermann, filed a notice of intent to sue 13 fire agencies, the Colorado State Forest Service, and the cities of Loveland and Fort Collins, that responded to the fire he set. Ledermann was a property owner who’s careless burning led to the 750 acre Reservoir Road fire that destroyed two homes and cost over $3 million to battle. He pled guilty to 4th degree arson, and was sentenced to three years of unsupervised probation and 450 hours of community service. According to his lawyer, the firefighters used questionable tactics and responded too slowly.

You can’t make this stuff up!!! 

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

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Christmas Taser Prank Results In Two Chiefs Under Arrest

Last year about this time we covered the case of a Florida firefighter who was charged with arson for setting the pants of another firefighter on fire at a Christmas Party. He was fired for his prank.

This year, some good’ol boys in North Carolina took a slightly different tact and Tasered one of their younger members … NINE TIMES…. Seriously!!!!

Two ranking members of the East Spencer Fire Department are facing assault charges following their use of a police officer’s Taser on an 18 year old volunteer firefighter as a prank at the department Christmas party. East Spencer Fire Chief Shane Cranfield and former chief Allen Carlyle borrowed the device from officer James Lambeth, who was on duty at the time.

An internal investigation showed the device was discharged 18 times in a 3 minute period, and allegedly shocked the victim, John Resino, at least 9 of those times. Officer Lambeth has since resigned and faces criminal charges for allowing the assault to happen.

Resino was never taken to a hospital. The state police and county Sherriff’s office have been asked to  investigate.

More on the story.

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

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On Duty Firefighters Asked to Serve Cocktails Shirtless

Here is today’s burning question: I am a career firefighter and I was recently asked by my fire chief to serve drinks to a group of women at a fund-raising event while on-duty. I know I am a hunk and I’m on the firefighter’s calendar, and I really didn’t have that big a problem with the request – particularly  since I was on duty and being paid (some of the other guys were off duty and they agreed to do it for free). However, the chief wanted us to serve the drinks shirtless. Isn’t that going too far? And by the way, what if there was a run while we were out of service for the event? Could we get in trouble?

Answer: Let me answer the question with a question: Your only concern with what happened was that you were asked to take your shirt off? Seriously? Which part of the entire episode sounded like a good idea? The use of on-duty firefighters to perform non-fire department related work at taxpayer expense? The serving of alcohol by on-duty firefighters? The placing of front-line apparatus out of service for a private event? Or was it the mere request to serve drinks topless? Frankly, I think the request to do it topless should be the LEAST of your concerns… below infringing on work that rightfully belongs to the food and beverage servers union.

Fire Chief Scott Vanderbrook, of Estero, Florida, is facing mounting criticism over his decision to use five  firefighters to attend and work at a fundraiser on December 8, 2011 held in a private gated community. The five were models in the local firefighter’s charity calendar and the event, attended by 22 women, was a private calendar signing.

Two of the five firefighters were on duty at Station 42 for the event. The station along with Engine 42 were placed out of service and a third firefighter assigned to Station 42 was detailed to another station for the event.  The two firefighters were available to respond from the event in a fire department automobile if need be.

The firefighters claim they thought the fundraiser was a public event. They were initially asked by the chief to go shirtless, serve the invitees alcohol and food, and make small talk. When the firefighters expressed their reluctance to go topless, the chief to ask them to either wear a tank top or rip the sleeves off their T-shirts.

After the event the firefighters’ union claimed the men felt like “a bunch of little puppets”. The chief has since apologized to the firefighters involved. Fire commissioners have stood solidly behind the chief’s action, saying that the chief had kept them informed about the event, that there were no rule violations, and that fire protection to the district was not compromised.

Regarding the issue of firefighters serving alcohol while on duty, the commissioners declined any knowledge of the issue. The Estero Fire Rescue Administrative Guidelines state that firefighters cannot be in possession of or consume alcohol while on duty.

Posted in Burning Question, Disciplinary Action, Ethics, Humor, Labor Law, Sexual Harassment, You Can't Make This Stuff Up

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Los Angeles Fire Truck Stars in Porn Film

Los Angeles Fire Department officials are investigating how one of their fire trucks found its way into a porn movie.

View more videos at: http://nbclosangeles.com.

The department has launched an investigation into the matter. More on the story.

Posted in Apparatus, Disciplinary Action, Humor, Sexual misconduct, You Can't Make This Stuff Up

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DNR Tattoos: Are You Kidding Me?

Here is one for all the paramedic legal eagles out there: You arrive on the scene of an unconscious 80 year old female. During the course of your patient assessment you notice a tattoo on her chest stating “Do Not Resuscitate”. Do you have to honor that request?

We have discussed DNR orders here quite a bit, but this case is a bit different. Not that 80 year olds should be prohibited from getting inked, nor that people should be limited in their decisions on the extent to which their lives should be prolonged, but seriously? A DNR tattoo?

That is how an 81 year old grandmother from the UK, Joy Tomkins, has chosen to make her last wishes known to emergency responders and hospital personnel. That’s not all. Tomkins also had the letters “PTO” tattooed on her back along with an arrow directing viewers to her front. Click here for the photos.

Tomkins was quoted by Mirror.com as saying: “I do not want to be half dead, I want to be fully dead. I’m afraid the medical profession will, with the best of intentions, keep me alive when I don’t want to be alive. …I don’t want to lie for hours, months or even years before dying. I do not want to end up as a vegetable. I don’t want my family to remember me as a lump. That is why I got the tattoo.”

The news article reports that a British General Medical Council spokesperson said most UK doctors would ignore the tattoo. I would have to agree. Here in the US she would still have to comply with what ever state law requirements were applicable for a DNR request to be honored. The tattoo alone would not cut it. However, the tattoo should serve as notice to check further.

Posted in Burning Question, Duty to Act, EMS, Humor, International, You Can't Make This Stuff Up

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California and Maine: Two Anti-Firefighter Anti-Public Employee Headlines

Two headlines from this past week got me thinking about just how far the anti-firefighter anti-public employee message has driven public opinion.  One headline was about a California civil grand jury that concluded it was wasteful to send engine companies with 4 firefighters on EMS runs. The concern cited in the article was that fire engines cost $500,000, nearly five times the cost of an ambulance. The other was from the state of Maine, where City Councilman Michael Farrell from Auburn followed a city engine company with a video camera to document that the firefighters were wasting taxpayer money driving around their district.

The problem is not that the average person has an unfounded concern over taxpayer funds being misused. I am a taxpayer and I am concerned about that. The problem is that a judicially empanelled investigative body in California and an elected official in Maine  – folks who should be responsible enough to fully investigate matters before they make public pronouncements – reached their conclusions seemingly without understanding the basic economics underlying what they were talking about.  It leaves me to wonder whether both headlines were the product of people who had a certain agenda and were content to twist the facts to fit their ideology.

Let’s look at what both the California grand jury and the Maine councilman ignored in their effort to reach their conclusions that it is too costly to put engine companies on the road.

There is a basic cost for a community to have a fire department, and (since both cases involve engine companies), lets specifically focus on engine companies. Neither the grand jury nor Councilman Farrell argued that engine companies are unnecessary, nor suggested that their community had too many engine companies. Rather their focus was on what they claim was the unwarranted use of an engine going on EMS responses in California and driving around the district in Maine.

So what are the real economics? Let’s first look at the cost of an engine company. Fire apparatus generally do not wear out from being driven too many miles, but rather they reach a level of obsolescence before they wear out. It is not uncommon for apparatus to have surprisingly low mileage despite advanced age. As a result, mileage is not a fair way to amortize the cost of a fire truck. Most fire apparatus have a life expectance of between 10 and 15 years. Admittedly many departments get more out of an apparatus, but for planning purposes, you cannot count on getting 20 to 25 years out of a piece of fire equipment – particularly today with on-board computers, componentized parts, etc.

Most experts agree that ten years is a reasonable expectation for the service life of a front line engine, which should leave some serviceable years as a reserve piece to follow. If we assume the cost of a new engine is $500,000 (that figure was mentioned in the California article so we will use it), amortizing that cost over ten years translates to $50,000 per year, $961.53 per week, $137.36 per day, $5.72 per hour.

Routine maintenance to apparatus (annual service test, brakes, tires, oil changes, filters, tune up) range $2,500 per year up to $10,000. When you factor in the need for a major repair every other year (pump overhaul, springs, transmission, fuel injectors, etc.) a sound annual maintenance allotment for an engine is $25,000. Following the same rational, that breaks down to $2.86 per hour.

Let us further assume that the fire apparatus is properly staffed with four personnel, an officer and three firefighters (a huge assumption these days but again that is what the grand jury cited), and the personnel are being compensated reasonably. Let’s assume the officer makes $60,000 per year and the firefighters each make $50,000. Keeping in mind that total cost of an employee for health care benefits, pension, vacation, sick leave, workers compensation costs, uniforms, etc. is usually twice the employee’s salary, we come up with a total cost for each employee as follows:

  • Officer salary = $60,000   Total cost (salary and benefits) = $120,000
  • Firefighters salary = $60,000   Total cost (salary and benefits) = $100,000

Assuming the officer and firefighters work 56 hours per week (let’s leave FLSA out of this for now):

  • Officer’s hourly wage = $20.60 per hour   Total Cost = $41.20 per hour
  • Firefighters hourly wage = $17.17 per hour Total Cost = $34.34 per hour

So the cost of an engine company broken down this way is roughly as follows

  • Apparatus amortization                 $5.72 per hour
  • Apparatus maintenance                 $2.86 per hour
  • Personnel:                                         $144.22 per hour.
  • Total Cost:                                        $152.80 per hour

This is a fixed cost. It does not change if the firefighters stop responding to EMS calls or remain in quarters 24/7.  The fixed cost would be notably higher in jurisdictions where firefighters are paid more, and where personnel work fewer than 56 hours per week. The calculation also ignores the costs of training the firefighters, maintaining their fire station, and providing the department infrastructure (chiefs, supervisors, administrators, payroll, dispatchers, 911 operators, insurance, etc.). In other words, $152.80 per hour is a low ball figure for the cost of an engine company.

Yet somehow a California grand jury and an elected official in Maine concluded that it is wiser to spend $152.80 an hour to have an engine company sit in quarters than spend an additional $4 a gallon in diesel fuel. In their infinite wisdom it is wiser to save the $4 a gallon, rather than have the engine (a) respond promptly to a life threatening medical emergency in their district, or (b) drive around the district (which incidentally has innumerable benefits to department, including driver’s training, district inspections, building familiarization, etc.). Funny thing – neither of the articles happened to look at the economics this way.

Maybe I am missing something – and if I am, then by all means someone clue me in. The fixed cost of having an engine company will not change by discontinuing the dispatch to EMS calls, or locking down the company from all non-incident related driving. The incremental cost is fuel, the other expenses are fixed…. and while fuel is expensive at $4 a gallon – we are not talking about it costing the taxpayers $5,000 per EMS run, or $500 per EMS run, or even $50 per EMS run….

I also cannot help but wonder if the California grand jury heard testimony from real life paramedics (not the arm-chair type or private sector EMS providers seeking to cash in on a new revenue source) on how many people it takes to properly handle an advanced life support incident, or what we refer to as a code. Where will those extra needed hands come from? From a nearby EMS unit? If so California will need to add a boatload of additional EMS units!

Admittedly, heart attacks and trauma codes are like structure fires, statistically a small part of our total responses, but that merely begs the question – what type of incident should we be prepared for? Should a fire department plan for the best? Should we only dispatch apparatus to types of incidents where statistics tell us they are needed? Should engine companies be staffed to only respond to false alarms if that is what most incidents turn out to be statistically? If that is the case let’s hire senior citizens in powered wheelchairs to be firefighters. Heck – their apparatus will probably be funded through medicare.  Can you imagine an emergency room that is only prepared to deal with someone with the flu? How about a passenger jet with no emergency exits and life vests under the seats?  Statistics say engines aren’t need on EMS runs? Are you kidding me?

The public’s cynicism toward what we do is disturbing and disheartening, but when elected officials twist reality and perhaps subvert a judicial process to advance a political ideology – that is beyond normal cynicism and spinning the facts. It borders on fraudulent misrepresentation.

And then there is Councilman Farrell in Maine: an elected official pandering to frustrations of the public instead of demonstrating true leadership. Why do I say he is pandering? There are two ways an official can go when he sees possible wrongdoing in a fire department. The first is to discuss it with the fire chief or someone in the fire service to understand the issue, and get it straightened out if appropriate. The other is to make a big splash in the public’s eye. What Councilman Farrell did when he posted the video on YouTube was in essence to say “Hey voters, look at me – I’m a good politician. I know you are upset at high taxes and here is why. Those rotten no-good firefighters are wasting diesel fuel. Aren’t you glad I’m here protecting your interest.”  Seriously?

But here is what bothers me the most about the Councilman Farrell’s pandering – and it is totally unfair to expect that he would realize this – so I cannot fault him personally – but firefighters know what I am talking about.

The fire service is a cross section of society, nothing more, nothing less. We have highly motivated firefighters, we have middle of the pack firefighters, and we have some slugs. The slugs don’t want to do anything, and will only do what they have to do – and even then they do it begrudgedly. The middle of pack folks pretty much go with the flow.

More than likely, on June 6, 2011 Councilman Farrell was tailing a crew of highly motivated firefighters who were out in their district at 2:30 pm. When I was a company officer we were out in the district as much as possible, looking at new construction projects, road closures, learning where utility crews were working, tracking events, activities, or anything else that could impact our ability to do our job.

In his quest to alert the public to this outrageous waste of taxpayer funds, who did Councilman Farrell spank without realizing it? I’ll bet it was high performers. The slugs were more than likely back in quarters. And guess who probably thinks it is hilarious? The slugs in the fire department who don’t want to go out and do a thing. And who will the middle of the pack folks follow? Councilman Farrell inadvertently demotivated high performing employees and rewarded and reaffirmed the low performers. And we wonder why things are so screwed up for public employees.

It reminds me of an article written by Steven Kerr back in 1975: “On the Folly of Rewarding A While Hoping for B”…. definitely a good read for the chiefs out there.

So, what is next. Will a new California grand jury consider the cost of sending police cars on fire and EMS calls to be excessive since they do very little when the get there? Gasoline is not that much cheaper than diesel you know. And will Councilman Farrell unleash his video camera on the cops in Auburn for wasting too much gasoline driving around aimlessly? Maybe the paramedics can be caught wasting oxygen on patients?

How pathetic that I am even stooping to such a level – I apologize. Its just so frustrating. Probably like you I am tired of the anti-firefighter anti-public employee attacks. I am tired of poor “leaders” who cannot accept personal responsibility for poor decisions, and instead point the finger of blame at us, knowing that the public’s attention span can only process an easy explanation. Long explanations like I have provided here don’t stand a chance. At the same time I am tired of the slugs, and frustrated that folks like Councilman Farrell unwittingly provide them with aid and comfort. Sadly, he probably tells his supporters privately that we are all slugs.

No easy answers here, but a lot to think about. For now I’ll have to be content to dream a lawyers dream – about the chance to cross-examine one of these characters on my turf……

Posted in Apparatus, EMS, Humor, Politics, You Can't Make This Stuff Up

New Mexico Fire Chief Arrested at Wildland Fire

Here’s a story we somehow missed last March, where a New Mexico fire chief was arrested following what appears to be some bizarre behavior at a 3 acre wildland fire.

Fire Chief Eddie Velarde of the… you can’t make this stuff up …. Velarde Fire Department in the town of … you guessed it …. Velarde – apparently got a tad agitated – OK – hysterical – to the point that sheriff’s deputies had to intervene. They first attempted to calm the Chief down, and when that didn’t work they went with Plan B, arresting the Chief and taking command of the incident. In case you are wondering, there is no NIMS protocol for forcibly relieving an IC of command (its a local matter), but a Lieutenant from the Rio Arriba County Sheriffs Department took command and the fire was wrapped up promptly after that.

Here’s a news video about the March 29, 2011 incident:

Chief Velarde was charged with disorderly conduct. There does not appear to have been any news updates on the case since the arrest.

This case if of great interest to me because it relates to a topic I have been tracking and writing about for several years now: firefighters being arrested at incident scenes in turf battles with police over who is in charge, aka ”Police-Fire Wars”. Its a fascinating topic that has important implications for fire and police organizations, as well as ICS.

This year, my brother Bill (a police detective lieutenant) and I started doing a presentation called “Police-Fire Wars: Who’s In Charge?” where we discuss the growing number of police-fire war cases in detail.  We are presenting at Firehouse Expo in Baltimore in July on the topic. We’ll be sure to have all the details on the New Mexico case by then, but from the sounds of it, my brother is going to enjoy the case more than me!!!

Posted in Criminal Law, Humor, Police-Fire, Wildland, You Can't Make This Stuff Up

Providence Boat Ride Under Fire

Offered without commentary:

Posted in Conflicts of Interest, Humor

Tagged , ,

On the lighter side

Posted in Humor