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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
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Terminated Georgia Chief Claims Gender Discrimination
A Georgia fire chief who was terminated after she revealed that despite being born a male she identified as a female, has filed suit alleging gender and disability discrimination. Rachel Mosby filed suit against the City of Byron yesterday in US District Court for the Middle District of Georgia.
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Canadian Railroad Settles Claim Over Minnesota Wildland Fire For $1.25 Million
The Canadian National Railroad Company and its US subsidiary, the Wisconsin Central LTD, have agreed to settle a potential lawsuit with the United States over a wildland fire in 2016. The fire, known as the Skibo Fire, started on May 6, 2016 and burned over 900 acres, 387 of which were in the Superior National Forest.
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Appeals Court Upholds Conviction of Boston District Chief
The Massachusetts Court of Appeals has upheld the 2016 conviction of a district chief from the Boston Fire Department. Edward Scigliano IV was convicted of five counts of larceny and procurement fraud. He was sentenced to three years of probation, 750 hours of community service, and ordered to pay restitution to the city.
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California Court Dismisses Firefighter’s Suit Concluding Public Employment is Not Based On Contract
A lawsuit filed by a former probationary firefighter with the San Diego Fire Department who was terminated in 2014, has been tossed by the California Court of Appeals. Josh McCauley claims the fire department breached his employment contract by terminating his employment during his probationary period without sufficient justification.
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Arizona Court of Appeals Denies Cancer Presumption to Flagstaff Firefighter With Cancer History
The Arizona Court of Appeals has denied a claim by a Flagstaff firefighter that his testicular cancer should be treated as a job-related illness under the state’s cancer presumption law. Wesley Forbach was diagnosed with left side testicular cancer in April 2018.
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San Diego Firefighter Loses Appeal of Suspensions
A San Diego firefighter who was suspended over two incidents that occurred in 2012 and 2013, has lost his appeal to have the discipline overturned by the California Court of Appeals. The firefighter was involved in separate incidents February 2012 and January 2013 that each resulted in a 24-hour suspension.
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Burning Question on At Will Employees and the Need for Just Cause
Today’s burning question: Several of my chief officers persist in asking why we can’t simply fire firefighters who are at-will employees. I have attempted to explain that termination without some basis (not necessarily just cause, but some justifiable legal basis) isn’t wise. They don’t seem to grasp what I tell them. Can you add anything that I can share with them to further my position?
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Schenectady Prevails In Wrongful Arson Prosecution Case
A federal court has dismissed a wrongful arrest and prosecution suit filed by a man who spent nine-months in prison for a 2013 fatal fire in Schenectady, New York. Robert Bulter was charged with setting the May 2, 2013 fire that killed four people including three children, and severely injured a 5-year old.
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Toledo Prevails in Race Discrimination Suit
A race-discrimination suit brought by a firefighter-recruit who washed out of the Toledo Fire Academy in 2018 has been decided in favor of the city. Major Smith III filed the suit claiming that his dismissal from the academy on account of his race.
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Chicago Settles Trademark Infringement Suit Against Fire Department Coffee
The City of Chicago has settled a trademark infringement suit it filed against Fire Department Coffee, Inc. over the use of a logo that it claimed was deceptively and confusingly similar to the Chicago Fire Department logo. The city filed in January 2020 alleging trademark infringement and unfair competition.
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Minnesota Court of Appeals Upholds Sentencing Decision on Arson Case
The Minnesota Court of Appeals has upheld a sentencing decision by Renville County District Court in an arson case. The case is not one I typically cover here in Fire Law, but it offers an insight into the factors that courts consider when sentencing.
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