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Long Saga Ends In West Palm Beach

It would appear that the long saga of West Palm Beach Fire Captain Rick Curtis is finally at an end with a settlement announced today that will resolve all outstanding suits and complaints.

Captain Curtis has been featured here at Fire Law Blog on at least five occasions, the most recent being last month when the Florida Public Employee Relation’s Board denied his claim that his union failed to adequately represent him during his termination over an off-duty drunk driving incident.

During his DUI arrest, Captain Curtis was video taped directing an expletive filled tirade at police officers. That video was later made public, he was convicted of DUI, and terminated from the department.

However, Captain Curtis was able to get the conviction thrown out by proving that the judge in his case had an undisclosed relationship with firefighters’ union vice-president with whom he was at odds. Captain Curtis was then acquitted, and sought to be reinstated to the department.

West Palm Beach Mayor Jeri Muoio announced the settlement today which calls for the city to pay Captain Curtis $200,000 in exchange for him dropping all pending lawsuits and claims. According to Mayor Muoio, “He has dropped his claim to be reinstated as an employee and dropped all lawsuits and pending lawsuits.”

More on the story.

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Posted in Civil Suit, Disciplinary Action, Discrimination, Wrongful termination, You Can't Make This Stuff Up

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No comments Posted by on February 13, 2013

West Palm Beach Captain Loses Action Against Local 727

One of our frequent fliers here at fire law is back in the headlines. Former West Palm Beach Fire Captain Rick Curtis has lost what he appeared to have won in November: a ruling against his union for failing to represent him when he was fired in 2011.

Captain Curtis has been involved in a series of discrimination claims and lawsuits dating back at least to 2004. In 2011 he was arrested for drunk driving. Shortly thereafter, a video surfaced showing him going on a tirade against the arresting officers. He was convicted of drunk driving and terminated from the fire department. That seemed to end the case.

However, is a move worthy of Lazarus, Curtis showed that the judge in his criminal case had an undisclosed relationship with firefighters’ union vice-president Doug Greene, with whom he was at odds. Captain Curtis earned the right to a new trial, was then acquitted, and sought to be reinstated to the department.

He also filed a complaint with the state Public Employee Relation’s Board alleging that his union, West Palm Beach Association of Firefighters, IAFF Local 727, failed to properly represent him. Last November, a PERB hearing officer agreed and ordered Local 727 to reimburse him for back pay and attorneys fees.

However, his luck run out last week when the full PERB ruled in favor of the union, concluding that it acted reasonably given Captain Curtis’ disciplinary history, his verbal altercation with the officer, and his refusal to submit to testing.

The Palm Beach Post is reporting that Captain Curtis is continuing to allege racism, texting a reporter “white fire captains have kept their jobs for much worse offenses”.

More on the story.

At the present time, my database has 7 cases involving Captain Curtis… that is getting up there into Dennis Rubin territory!!!

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Posted in Civil Suit, Criminal Law, Disciplinary Action, Discrimination, Labor Law, You Can't Make This Stuff Up

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2 comments Posted by on January 24, 2013

Busy Day for Fire Law with Cases From FL MO RI

Its been a busy day in the Fire Law world. So many cases, so little time.

In Florida the seeming endless case of West Palm Beach captain Rick Curtis is in the news yet again (July 2, 2010 post; December 12, 2011 post) with a ruling by the Florida Public Employees Relations Commission that the West Palm Beach Association of Firefighters, IAFF Local 727, must reimburse Curtis for back pay and legal fees for failing to properly representing him when he was fired for  a DUI conviction. Here is the Commission’s ruling:  Commission Ruling                More on the case.

In Missouri, the state supreme court upheld a controversial law that allowed St. Louis firefighters to move out of the city despite a local residency requirement if the school system was not accredited. The 2010 law was immediately challenged by the city and was initially overturned by a trial court in Cole County.

The Missouri Supreme Court overruled the lower court and upheld the law granting firefighters with over seven years of service to move outside the city limits.

 

And in my home state, the Albion Fire District is once again in the news, this time due to a  Providence Superior Court ruling that the district violated the state’s Open Meeting Act three times in 2010.

More on the story.

Prior post from December 11, 2010.

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Posted in Civil Suit, Disciplinary Action, Labor Law, Open Meetings Laws

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No comments Posted by on November 15, 2012

Controversial West Palm Fire Captain Beats DUI Charge

A controversial West Palm Beach firefighter is back in the news following his acquittal on DUI charges. Fire Captain Rick Curtis was originally convicted of drunk driving back in May, sentenced to 3 days in jail, and terminated from West Palm Beach Fire Rescue.

However, when he learned that the judge in the case, Marni Bryson, had an undisclosed relationship with firefighters’ union vice-president Doug Greene, with whom he was at odds, Captain Curtis sought a new trial. The request for a new trial was granted in June, and last Friday Captain Curtis was acquitted. He is now seeking to be reinstated to the department.

Captain Curtis has been involved in a number of lawsuits and EEO complaints against the West Palm Beach Fire department over the past 10 years. Here’s a link to some of the details of those cases.

More on the DUI controversy, and more on the acquittal.

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

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2 comments Posted by on December 12, 2011