ApparatusDisciplinary ActionYou Can't Make This Stuff Up
LAFD Porn Video Investigation Over: No Charges
The Los Angeles City Fire Department has completed its investigation into the use of a LAFD engine company in a porn video, and the result is that no members will be disciplined. According to Fire Chief Brian Cummings, a city charter provision imposes a two year statute of limitations on disciplinary actions against city employees. Apparently the video is roughly three years old.
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Unmentioned in the news clip, California has a firefighter’s bill of right law that specifies a number of procedural protections for accused firefighters. That law establishes a one year statute of limitations, but is triggered by the “discovery” of wrongdoing.
Correct me if I’m wrong, since I haven’t seen the actual video, but no firefighters are in the video? And the rig was parked in a public place? I’ve been told the whole point of those particular videos is for them to occur in public places.
I know when we go on a run that does not require a pump operator we don’t leave someone next to the rig to ensure there are no porn stars in the vicinity. We are too busy working. Is it possible they didn’t even know this happened until later?
We have statutes of limitations for a reason. It is a public policy decision that applies to all aspects of civil and criminal law. Sometimes a statute of limitations yields an unpopular result. That is no reason to do away with them.
Curt, these firefighter may have escaped discipline, but do you think that this could be something legitimately used against them when it comes time for a promotion, transfer or new assignment? I expect that there is something in their contract that may cover this issue.
John
You are correct and it does pose a bit of a dilemna. We cannot stop people from filming us or our apparatus in public. How far does that go? I have updated my recommended policies to ensure personnel do not allow apparatus to be used as props for commercial filming, or for inappropriate, lewd or immoral purposes – but if the apparatus is unattended such as at an emergency scene – there is not alot we can do about it.
Even if the firefighters returned while she was onboard – that in and of itself would create a spectical as they try to get her off the apparatus and she is making the most of it for the camera. It’s a bad situation PR wise.
Anthony
Great point… we’d have to look at the language of the charter provision – but it may well be that the department could take such factors into account for other purposes besides discipline.
That creates another legal issue because if someone is reported to have been involved in some wrongdoing that is outside of the 2 year statue of limitations – but there is no opportunity for a hearing on the merits – how do they defend themselves against a baseless accusation???
The FFs Bill of Rights has a 1 year statute of limitations that is triggered by the “discovery” of the wrongdoing – which in some ways is probably a fairer rule.