Open Records Laws

Volunteer Firefighter Charged With Public Records Violation

A volunteer firefighter in New York is facing criminal charges for allegedly giving himself and family members credit for emergency responses they did not go to. James P. Burns, 27, is accused of entering false information into Cutchogue Fire Department’s electronic record-keeping system on September 30, 2023.

Ohio VFD Found in Contempt of Court for Failing to Produce Public Records

An Ohio magistrate has recommended that a volunteer fire department be held in contempt for failing to comply with a court order to produce certain financial records as part of a public records request. The Calcutta Volunteer Fire Department had previously been ordered to produce those records as part of a public records suit filed by Christine Lea Lerussi.

Judge Orders San Jose Fire Department to Release Records into Pink Poodle Strip Club Incident

A judge has ordered the San Jose Fire Department to turn over investigatory records from the Pink Poodle Strip Club incident to the San Jose Mercury News. Santa Clara County Superior Court Judge Thomas E. Kuhnle issued the ruling on Friday concluding that the public records law mandates that the documents be released.

Three Cases in the Fire Law Headlines

Today’s fire law news left me with a bit of a dilemma. Do I cover one of the most significant Supreme Court decisions in decades even though it does not involve firefighters? Do I cover news reports of a possible lawsuit being brought against FDNY by firefighters even though an actual lawsuit has not been filed? Or do I cover a rather boring public records ruling out of New Jersey that involved a fire department?

NY Civil Liberties Union Sues FDNY To Release Disciplinary Records

The New York Civil Liberties Union has filed suit against FDNY alleging a violation of the state’s Freedom of Information Act by not providing requested public records. The suit was filed in Kings County Supreme Court and seeks access to FDNY’s disciplinary records.

Fire Law Roundup – January 31, 2022

In this episode, Brad and Curt discuss a ruling out of Colorado on Ketamine administration by paramedics, a First Amendment suit out of Georgia, a public records case out of KCMO connected to the 1988 LODD explosion that killed 6 Kansas City firefighters, a subrogation suit out of Utah, and the filing of a vaccine mandate challenge suit in San Diego, CA.

Court Grants Award of Attorney’s Fees in FOIA Case Related to 1988 KC LODD Explosion

A man who spent 22 years in prison for his involvement in the massive 1988 explosion that killed six Kansas City firefighters, was been awarded $344,122.30 in legal fees following his successful Freedom of Information lawsuit.

Georgia Court Blocks Appoint of Augusta Fire Chief

The Superior Court for Richmond County has blocked the appointment of Antonio Burden as fire chief for the City of Augusta because the city failed to comply with the state’s public records law. The ruling handed down last week resulted from a suit brought by four local media outlets.

Michigan Policy Group Sues City Seeking Names of Firefighter High Earners

A public policy watchdog group has filed suit against City of Warren, Michigan seeking the names of firefighters who are among the city's high-wage earners. The city previously released the pay of its employees in response to a public records request, but refused to provide the associated names.

Burning Question on Retention of Fire Reports

Today’s Burning Question: We were cleaning out some of our office storage cabinets and found we have paper copies of our incident reports that go back into the 70’s. How long do we need to legally keep these reports? Answer: Fire reports need to be maintained as long as state law mandates, and perhaps longer

Tacoma Fined and Ordered to Train Department Heads in Public Records Compliance

The City of Tacoma has been fined $36,800 and ordered to provide training to all department heads for failing to produce a fire protection study when requested by an open government activist. Arthur West sued the city seeking “threat assessment” records related to an LNG facility.

Ohio Court Rules Cause and Origin Report is a Public Record But Subject to Redaction

The Ohio Court of Appeals has ruled that the state fire marshal should have release a redacted version of an investigative report into the cause and origin of a fire that killed a firefighter in 2015 to The Cincinnati Enquirer in Dec. 2016. Hamilton firefighter Patrick Wolterman died fighting a house fire on Dec. 28, 2015.

Snapschat From Fatal Fire Scene Prompts Media Request

A Polk County, Florida fire captain is facing tough questions about his actions at the scene of a fatal house fire last November. Loretta Pickard died in the fire on November 23, 2018. Polk County Fire Rescue Captain James Williams was suspended for sending a Snapchat video from the scene.

Lawsuit Against FDNY Over Dispatching Error Reinstated

A NY Supreme Court judge has reinstated a lawsuit against FDNY over a dispatching error to a drowning incident in 2014. The suit had been dismissed in 2016 because the mother of the victim failed to file a notice of claim with the city in a timely manner. The victim, a four-year-old girl, fell into a backyard swimming pool and was discovered floating unconscious. Her father, an emergency room physician, initiated CPR while others called 911

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