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Albuquerque Captain Wins Right to Run for State Office

Albuquerque Fire Department Captain Emily Kane wanted to run for state representative. Standing in her way (besides her opponents) was a city charter provision that prohibited employees from either running for or holding state office.

When Captain Kane was informed by her department that she faced discipline over her decision to run, she decided to challenge the provision as violating her rights under both the Federal and state constitutions.

In June, Second Judicial District Judge Alan Malott granted Captain Kane’s request for a temporary restraining order preventing the city from taking any disciplinary action against her. Last Friday District Judge Beatrice Brickhouse ruled the charter provision to be unconstitutional, a violation of Captain Kane’s First Amendment Rights.

More on the story.

 

AFD captain can’t be fired for campaign: krqe.com

 

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Posted in Civil Suit, Conflicts of Interest, Constitutional Rights, Disciplinary Action, Ethics, First Amendment, Politics

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No comments Posted by on July 26, 2012

Politicians Playing “Hacky Sack” with Fire Departments

Here is a very simple formula that my Public Sector Labor Law professor gave us many years ago in law school:

Union official + speaking on an issue of public concern + discipline for speaking = a lawsuit the city cannot win

That formula is being tested in the Village of Johnson City, New York, where Union President Marty Meaney was suspended for 30 days for statements he made to the Mayor and the Village Board. On January 28, 2010 Meaney and the Firefighters Union filed suit in state court accusing  Mayor Dennis Hannon of depriving Meaney of  his 1st and 14th Amendment Rights and violation of New York State Labor Laws. The suit states that Meaney was exercising his right to speak frankly about issues that are of public concern, and the suspension was willful and intentional retaliation for exercising his fundamental rights. The suit seeks actual and punitive damages.

Not surprisingly Mayor Hannon holds an altogether different view of things. To him, this is one small skirmish in a battle to protect the interests of the Village of Johnson City. He feels that the Firefighters union is not working for the good of the people, and that the suspension relates to three statements that Meaney made on three separate occasions that were “insubordinate”.

On January 6, 2009, Meaney accused Hannon at a public meeting of making use of the Fire Department as what he termed his private “hacky sack’. He also accused him compromising the safety of the residents of the village by doing away with minimum shift strength.  On September 11, 2009, Meaney stated publicly that Hannon was politically motivated when he investigated the destruction of the discipline records of the Fire Department. On November 17, 2009, Meaney accused the Village Board and mayor of risking public welfare and safety.

By the way, I have never heard this “hacky sack” metaphor used before – but I have to admit, I know exactly what Meaney meant. Some politicians do self-righteously believe that fire departments warrant a mean-spirited drubbing in an effort to save money. I wish I had an answer for how we get through to folks like that.

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Posted in Civil Suit, First Amendment, Labor Law

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No comments Posted by on February 3, 2010

Volunteer Deputy Chief Slapped with 6 Month Suspension

Todays burning question: Can a volunteer firefighter be disciplined for publically supporting a petition NOT to lay off two career firefighters. There’s an interesting case developing in Monroe Township, New Jersey involving the six-month suspension of a deputy chief for circulating a petition concerning the possible elimination of the fire company’s two paid firefighters.

Fire Chief Lonnie Pipero suspended Deputy Chief Scott Kivet from the Monroe Township Volunteer Fire Company No. 1 for six months, charging that he used his title and position in a way that could imply the fire company endorsed the petition to maintain two paid firefighters. Chief Kivet claims he was circulating the petition as a concerned citizen and not in his role as deputy chief. The petition was circulated after a December 29, 2009 meeting of the Fire Commissioners where firefighters were told the two paid positions could be eliminated.

Kivet, a police officer in Robbinsville, claims the suspension violates his First Amendment rights, and plans to appeal. The First Amendment provides broad protection to openly discuss matters of public concern without fear of retaliation by governmental actors. The key to triggering the protection is to speak as a private citizen on a matter of public concern. If the deputy chief was indeed acting as a private citizen, and the fire chief is deemed to be a public official (state actor), the First Amendment argument will likely prevail over the discipline. Several ifs….. On the other hand a six month suspension is kind of hard to ignore.

Click here for more on the story.

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Posted in Burning Question, Disciplinary Action, Volunteers

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No comments Posted by on January 20, 2010

What Was He Thinking?

Johnson City, New York firefighter's union is vowing to take legal action against the village mayor for suspending their union president because of statements he made at two village board meetings.  Fire Captain and union president Marty Meaney was suspended for 30 days without pay for insubordination towards the village board and the mayor.

Mayor Dennis Hannon said Meaney's conduct reflected badly on the fire department and village officials, and charged Meany with insubordination, unauthorized communications and two other misconduct charges. The union's attorney, Gene Faughnan, says Meaney is being wrongly targeted for speaking out against cuts within the department.

The Mayor’s first problem is a little technicality thing called the First Amendment to the United States Constitution. The second problem is that a public employee union representative speaking out on matters of public concern has a great deal of latitude in criticizing public officials – and rightfully so. The case will likely end up in court irrespective of whether the mayor realizes the problem he has created and reverses course.

For more details.

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Posted in Disciplinary Action

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No comments Posted by on December 14, 2009