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2011 A Fire Law Year in Review
Happy New Year!!!! Its time to take a look at the most important and most bizarre fire service legal cases of 2011. First, the three most important cases: Westmoreland v. Sutherland, was a 1st Amendment case handed down by the US 3rd Circuit Court of Appeals upholding an Ohio firefighter’s right to appear at a city council meeting during an open forum and speak critically about a matter of public concern without fear of retaliation or punishment. The court restated the key considerations for determining if a firefighter’s speech is protected: the firefighter must be speaking as a private citizen…
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Christmas Taser Prank Results In Two Chiefs Under Arrest
Last year about this time we covered the case of a Florida firefighter who was charged with arson for setting the pants of another firefighter on fire at a Christmas Party. He was fired for his prank. This year, some good’ol boys in North Carolina took a slightly different tact and Tasered one of their younger members … NINE TIMES…. Seriously!!!! Two ranking members of the East Spencer Fire Department are facing assault charges following their use of a police officer’s Taser on an 18 year old volunteer firefighter as a prank at the department Christmas party. East Spencer Fire…
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Another Race Discrimination Suit for FDNY
Five FDNY electricians have filed a race discrimination lawsuit against three coworkers and the FDNY. The 36 page complaint alleges that supervisors and coworkers subjected the employees to ridicule, scorn, threats, and retaliation, and that they were denied overtime and promotional opportunities. The case made headlines over a year ago when the plaintiffs, Gregory Seabrook, Ismael Ortiz, Edward Pitre, Joe Adams, and Dudley Placide, filed their administrative complaints with the New York State Division of Human Rights. At that time Seabrook alleged that a noose was left near his locker, and they all claimed that they were being harassed because…
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NJ Volunteer Firefighter Alleges Sexual Harassment and Assault
A New Jersey volunteer firefighter has filed a sexual harassment suit against another firefighter alleging sexual assault. Rebecca Wooton filed suit earlier this month naming Lou Turner as the primary defendant. The suit also names Fire Chief Timothy Clement in his capacity as the chief of the Laurel Lake Fire Company. The suit alleges that between 2006 2008 she was subjected to “severe, regular and pervasive acts of sexual harassment of physical and non-physical nature”. The suit alleges that Turner touched Wooton’s breast and buttocks, and seeks punitive damages. More on the story.
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Appeals Court Rejects New York Reverse Discrimination Suit
The 2nd US Circuit Court of Appeals issued a ruling yesterday in a reverse discrimination case brought by a white firefighter from Mount Vernon, New York. Firefighter Joseph Carroll took a lieutenant’s exam in 2004 and ranked 9th on the list. The list was good for 2 years, and due to expire in 2006. When the development of a new promotional list was delayed, the expiration date of the 2004 list was extended to July 19, 2007. By 2007, Carroll ranked second on the lieutenant’s list. A new test was finally administered on March 24, 2007 to replace the old list,…
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Sexual Assault Alleged in London Fire Station
A woman is claiming she was sexually assaulted in a London, England fire station following a Christmas Party on December 19, 2011. Scotland Yard is investigating the case that appears to involve two firefighter-colleagues. The Daily Mail is reporting that incident may have involved off duty personnel who slept over at the station in South London following the party. Scotland Yard has confirmed that a male suspect in his 20s has been arrested, but the London Fire Brigade has not confirmed whether he is a firefighter or not…. well… sort of. The Daily Mail quoted a department source saying: “We…
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FLSA and Volunteers
Today’s burning question is one that has come up before, and will no doubt come up again: I am the new chief of a mostly volunteer fire department. The six career firefighters, who are all former volunteers, have never been allowed to volunteer their services after hours. They work five days a week, fifty hours a week total. All have expressed to me their willingness to respond to alarms on nights and weekends. Can I let them? Answer: The short answer is, yes you can allow them to respond to alarms outside their normal hours, provided you are willing to…
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Text Messaging and Public Records Laws
Today’s burning question: Our union attended a city council meeting, and during the course of the meeting we observed one of the councilmen texting. Are his texts subject to the public record laws? I mean, wouldn’t it be awesome if we could force him to disclose copies of his text messages? Answer: Text messages are considered to be subject to the public records laws in most states, but before you start doing backflips be careful about what you wish for. If the councilman has to disclose his work related text messages, then so do you while you are on duty.…
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Detroit EMT Sues For Sexual Harassment and ADA Discrimination
An EMT with the Detroit Fire Department has filed suit against the department alleging sexual harassment, sexual assault, and discrimination under the Americans with Disabilities Act. EMT Kimberly Asaro alleges that she was sexually assaulted and harassed by Battalion Chief Jack Wiley on a number of occasions dating back to 2007. An internal investigation cleared Chief Wiley. Asaro’s suit alleges she was denied a copy of the investigation report, and was told informally that Chief Wiley “meant no harm”. Asaro also alleges that she had a medical condition, irritable bowel syndrome, that the department refused to accommodate by requiring her…
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North Carolina EMT Has No Immunity Protection for Chapel Hill Death
A ruling this week in North Carolina has left an EMT without immunity protection in a suit by the family of a high school football player who died after practice in 2008. Atlas Fraley, 17, died from complications related to dehydration and severe muscle cramps. Following football practice at Chapel Hill High School on August 12, 2008, he went home, felt ill, and called 911. EMT James Griffin from Orange County Emergency Services responded and concluded that Fraley’s condition did not warrant further treatment or transport. Despite Fraley’s age, Griffin did not transport him, nor contact his parents to obtain…
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On Duty Firefighters Asked to Serve Cocktails Shirtless
Here is today’s burning question: I am a career firefighter and I was recently asked by my fire chief to serve drinks to a group of women at a fund-raising event while on-duty. I know I am a hunk and I’m on the firefighter’s calendar, and I really didn’t have that big a problem with the request – particularly since I was on duty and being paid (some of the other guys were off duty and they agreed to do it for free). However, the chief wanted us to serve the drinks shirtless. Isn’t that going too far? And by…
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Everett Firefighters Prevail in Staffing Related Unfair Labor Practice
The Washington State Public Employment Relations Commission has ruled in favor of Everett Firefighters IAFF Local 46 on an unfair labor practice claim against the City of Everett. The December 2, 2011 ruling concluded that it was improper for the city to refuse to bargain with the firefighters over staffing reductions, brownouts, and assigning mutual aid companies to replace Everett Fire Department units. In 2010, the city made a financially driven unilateral decision to brownout companies, reduce staffing, and utilize mutual aid departments to respond directly to incidents in Everett. The city alleged they were forced to resort to these…
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Canadian Case Poses Challenge For Volunteers
There is an important case brewing north of the border that pits volunteer fire departments against the provincial Ministry of Labour in Ontario. It is a case that just as easily could be occurring in US courts, and calls into question whether there should be relaxed standards for volunteer fire departments, or if they should be held to the same standard as their career counterparts. The Ontario Ministry of Labor is prosecuting the Meaford Fire Department alleging that firefighters failed to follow proper safety procedures required under the Occupational Health and Safety Act at a fire where two firefighters were…
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