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Change in Pension Contributions Challenged in Alabama
Today’s burning question: Can a city unilaterally increase the amount that firefighters pay each week toward their pension while reducing their own contribution by the same amount? That is the issue in a case filed Thursday in Federal District Court in Gadsden, Alabama by seven members of the Gadsden Fire Department. On August 23, 2011 the City Council of Gadsden voted to increase the firefighters’ pension contributions from 6% of their salary to 8.25%, and reduce the city’s contribution. The suit alleges that the city’s action violates the U.S. Constitution and the State of Alabama’s constitution by being an “unlawful…
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Use of Prisoners as Firefighters
A friend of mine sent me this story about the use of prisoners as firefighters in Georgia. Apparently it is old news to many, but it is such a radical idea to me that I felt it was worth airing this issue here. What do you think, good idea, bad idea? My concern is over the opportunity that firefighters have to enter into buildings in the absence of the owner, having access to keys, security code information, etc. Is the cost of a firefighter’s salary that outrageous that responsible officials would subject citizens to such a threat? Or is it…
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1st Amendment Dilemma: Can a Patient Video Their Own Treatment?
In response to our discussions about the 1st Amendment and the right of the media and citizens to photograph emergency scenes, I received a great question from Firehrguy. We will turn that into today’s burning question: One of our Paramedics asked if there was any rule on a patient recording and filming their treatment. He had a patient that was recording the Paramedic as he was taking vitals and assessing the patient and the patient recorded all this with his phone. I am not aware of any law or case that even remotely begins to address this issue. The closest…
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Not Again: Volunteer Theft and 1st Amendment Violation Caught on Tape
Two New York cases are in the news today, both of which raise the same frustrated response: not again! In Charlton, New York, the treasurer of a volunteer fire department is accused of stealing between $400,000 and $500,000. Virginia DeCapria, 50, who served as treasurer of the Charlton Volunteer Fire Department was charged with grand larceny and several related charges for writing checks totaling nearly a half-million dollars to herself. DeCapria’s husband Dean served as the Charlton fire chief and she was secretary and treasurer from 2005 until January 2011. The department’s attorney, Terry Hannigan, was quoted as saying “Since we…
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Arizona Fire Chief Sues City Over Pension Denial
Today’s burning question: If you were hired as a fire chief by a city who promised you eligibility for a state managed pension, and it turned out the state pension board ruled your were ineligible, what would you do? An Arizona fire chief is taking steps to sue his employer over that very issue. Fire Chief Thomas Solberg left the Lee’s Summit, Missouri Fire Department in 2009 to become the fire chief in Peoria, Arizona. At the time he was told that he would be eligible for membership in the Arizona State Retirement System, and would vest after 5 years of…
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Second Suit Filed Against Pennsylvania FD Over Train Accident
A second lawsuit has been filed against a Pennsylvania volunteer fire department in the tragic deaths of a mother and son who were struck by a train. Sheila R. Singer, 37, and her son, John Smart, 2, were crossing the railroad tracks on October 30, 2009 when Smart’s stroller got stuck in the tracks. Singer was able to get her two other children ages 5 and 1 away off the tracks, but was struck as she was trying to free her son. According to news reports, a friend had just given Singer $50 and she crossed the tracks to buy…
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Bridgeport FD Hit with $3.4 Million Verdict for Apparatus Accident
The Bridgeport Fire Department has been found liable for an apparatus accident that claimed the lives of two women in 2007. The accident occurred on July 31, 2007, as Ladder 5, driven by Firefighter David Otero, was responding to a reported smoke condition. Ladder 5 allegedly proceeded through a red traffic signal at Congress Street and Housatonic Avenue, colliding with a car driven by Gwendolyn Little, 58, and occupied by her mother, Essie Williams, 76. Both Little and Williams died as a result of their injuries. The trial was held before Judge Theodore Tyma sitting without a jury. In an 18…
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Portland Retirees Sue to Block Withholding
Five retired Portland, Oregon police officers and firefighters have filed a class action lawsuit against the Portland Fire and Police Disability and Retirement Board seeking to block a plan to recoup roughly $3 million in claimed overpayments to retirees going back 13 years. The suit was filed August 25, 2011 in state court on behalf of roughly 850 retirees affected by the action. The retirement board discovered they had been overpaying retirees by an average of 2.38%, and is seeking to recover the overpayments by deducting the amounts from retirees present checks. The legal theory behind the…
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Williamsport Firefighters File Due Process Suit
Three Williamsport, Pennsylvania firefighters have filed suit in Federal court alleging that their civil rights were violated when the city’s Civil Service Commission refused to grant them a hearing. Mark Webster, Noel Ferari and David Weaver applied to take a promotional examination for Platoon Chief scheduled for May 5, 2011. On May 4th they were informed by telephone that they lacked the required certifications and could not take the exam. Each firefighter requested a hearing before the Civil Service Commission, and were informed that the Commission “unanimously voted with the opinion of counsel to deny your request for a hearing”. The…
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Scottish Firefighter Lost the Plot
“Lost the Plot”…. No its not a typo. I usually do not cover legal matters from other countries, but there was something intriguing about this story and the common language that separates the US from the UK. A senior firefighter from Hamilton, in Scotland, is in trouble with the law for directing threatening and abusive behavior towards his girlfriend. Steven Aitchison of Strathclyde Fire and Rescue, was arrested and charged earlier this year with choking Shauna McManus, and tearing up her home. In March the case was deferred pending Aitchison’s remaining on good behavior for six months. He appeared for final sentencing today and…
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Racism Alleged in West Memphis FD
Some angry words and threats of litigation are fueling a dispute over promotions in the West Memphis Fire Department.
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The Public’s Right To Take Photos At Incident Scenes
Today’s burning question: Do firefighters and emergency medical personnel have the authority to stop people from taking photos at emergency scenes? Does it matter whether the filming is being done by the media or ordinary citizens? Perhaps as a result of the wide spread use of digital and cellphone cameras, these questions continue to resurface time and time again. Last week, the United States 1st Circuit Court of Appeals reaffirmed that we have absolutely no right to interfere with photo taking by the media or citizens in public places, and that we could be held liable for violating the First…
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FDNY Calendar Model in Hot Water
An FDNY firefighter has been suspended following a domestic dispute under some rather peculiar circumstances. Taylor Murphy, who appeared as Mr. March in a 2011 firefighter calendar, was arrested last week following a domestic assault incident with girlfriend. Apparently two weeks ago, Murphy and his girlfriend were at a strip club. That seems to be contributing factor number 1. Murphy’s girlfriend is actually a stunningly beautiful model named Claudia Charriez. In fact, she was on America’s Next Top Model in 2006. See her photos. Let’s call that contributing factor number 2. Contributing factor number 3 occurred when several patrons asked…
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NY Fire Department Sued for $3 million in Strange Wrongful Death Case
Here’s today’s burning question: Can my fire department be sued if a driver smashes into a parked ambulance belonging to another fire department? Apparently so if you are in New York!!! A New York volunteer fire company and a village are being sued for wrongful death over a 2010 crash that did not even involve one of its vehicles. On Tuesday, Carol A. Durham filed a $3 million lawsuit against the Village of Philadelphia, the Philadelphia Volunteer Fire Department Inc., and the driver of a PVFD ambulance, Cole Q. Jenne, claiming their negligence contributed to an April 24, 2010 accident that…
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