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Oregon Firefighter’s Family Sues Department Over Suicide
The family of a veteran Salem, Oregon firefighter who committed suicide in 2009, has filed a wrongful death lawsuit.
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More Activity In FDNY Race Discrimination Case
The FDNY race discrimination case that has held up hiring for nearly five years continues to grind toward resolution with two rulings last week. On Tuesday U.S. District Judge Nicholas Garaufis issued an order to lower the application fee from $54 to $30, “in order to encourage a more diverse pool of applicants”. On Wednesday, Judge Garaufis ruled that FDNY must require applicants to state their race, ethnicity and gender on their applications in order to determine if the testing process discriminates. He wrote “[I]t is incumbent on the court to verify that the city’s current hiring practices comply with the…
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Tulsa Strategically Removes Firefighters’ Campaign Case To Federal Court
The city of Tulsa has removed a controversial lawsuit brought by Tulsa Firefighters IAFF Local 176 in state court, to Federal court. The suit was filed by Local 176 on June 22, 2011 seeking to block an executive order that prohibits firefighters from engaging in municipal election activities. The suit alleged a violation of the First Amendment to the US Constitution, as well as violations of the Oklahoma Constitution, state law, and city ordinances. Here is the blog about the original filing. The city’s move is purely a strategic one. It is permitted because a Federal issue (First Amendment) was raised.…
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AG in Indiana Sues Firefighters For Improper Pay
Two Indiana firefighters who were terminated for submitting for hours they did not work have been sued by the state’s attorney general for return of the amounts they received. Former White River Township firefighters Anthony Slusher and Mike Rude were accused of putting in for roughly $25,000 in hours they did not work. The discrepancy was discovered following a state audit. However the firefighters have a different story. They claim they never put in for hours they did not work, and that the computerized tracking system was full of discrepancies. Slusher is reported to have told Channel 6 News in Indianapolis…
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Texas Firefighter Reinstated By Arbitrator
A Texas firefighter has his job back thanks to a decision by an arbitrator. Firefighter Robert Vargas of the McAllen Fire Department was terminated in January after he lied to investigators about a minor Halloween mishap with an engine company. The engine struck a mailbox while backing up. Following the discovery of minor damage to the engine, Vargas’s officer, Lt. Marcos Reyes, ordered the crew not to discuss the accident and that he would take care of it. During an investigative interview, Vargas denied any knowledge of the mishap and was “indefinitely suspended”, a euphemism in many jurisdictions for termination.…
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Colorado Fire Chief Charged With Impersonating a Police Officer
Fire Chief William Nelson of the Hygiene Fire Protection District was suspended after he was arrested and charged with impersonating a police officer, driving under the influence, marijuana possession, and a firearm violation following his attempt to use his red lights to pull over a car driven by a 21 year old woman. The incident took place last Saturday, July 9, 2011 at about 10:30 pm. Chief Nelson, 57, was arrested after Kayla West called police to report that her red Mustang was being followed by a pickup truck displaying red flashing lights, and trying to pull her over. West told…
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Firefighter Discipline, Interviews, Garrity and Weingarten
My column this month in Firehouse Magazine is on firefighter discipline and in particular the Garrity Rule. I received an email question from a reader that is worth sharing. I am a Fire Chief and I read your article about the Garrity Rule in the July issue of Firehouse Magazine. I would like to ask you a question that was not specifically addressed in your article. Some departments such as mine have a union (IAFF local) that is not recognized by the City and therefore do not have collective bargaining rights. In that case, do the firefighters still have a…
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North Carolina Court of Appeals Uphold Validity of Chief’s Contract
On Tuesday, the North Carolina Court of Appeals issued a ruling in the case of Fire Chief Steven Earl Elliott, formerly of the Enka-Candler Fire and Rescue Department. Chief Elliott had an employment agreement with the department through October 31, 2013, but was terminated without cause on March 3, 2008. The employment agreement was well drafted, and provided that if Chief Elliott was terminated without cause, the department would have to pay him the balance of his salary and provide all benefits through the end of the contract, as if he had remained a full-time employee. When the department refused…
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Denver Firefighters Want To Negotiate Over Disciplinary Matrix
Local 858 was in court yesterday seeking a court order to force the city to negotiate the disciplinary matrix because it is a mandatory subject for collective bargaining.
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Threats, Investigations, Garrity, and Public Records
The strange case of a female battalion chief in Montana is back in the news again… and back in court. Recall last winter, Frenchtown BC Jenny Ross claimed that Fire Chief John Bibler threatened to kill her, her dog and her children. Some of the threats were made via Facebook under false identities. Chief Ross sought a restraining order against the chief after the fire board and local police failed to act on her complaints. On January 24, 2011, the court concluded Chief Bibler made the threats, but declined to issue a restraining order finding them to be in the…
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More Not Guilty Verdicts in Deutsche Bank Fire
The final verdicts came in today in the Deutsche Bank Building fire case, and the two remaining defendants, John Galt Corp. and construction supervisor Michael Alvo were found not guilty of numerous felony charges. Both had been charged with involuntary manslaughter, negligent homicide, and reckless endangerment in connection with the August 18, 2007 fire that claimed the lives of FDNY firefighters Robert Beddia and Joseph Graffagnino. Galt was convicted of a misdemeanor charge of reckless endangerment, which carries a $5,000 penalty. Two construction supervisors, Jeffrey Melofchik and Salvatore DePaola, were acquitted last week. More on the story.
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Charleston Sofa Super Store Settlement
It appears that the final settlement agreement has been reached in the Charleston Sofa Super Store fire suits. The June 18, 2007 fire killed nine firefighters. Nineteen separate suits have been filed in the case, including suits by the estates of each of the nine dead firefighters, and suits by ten other firefighters who were injured in the blaze. In the most recent settlements, the families of the nine deceased firefighters agreed to accept $1.9 million from the Sofa Super Store and its owners. Settlements had previously been reached with other defendants, including furniture manufacturers, contractors, and installers of various…
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North Las Vegas Firefighters File Suit to Block Layoffs
Last Friday, the firefighters union in North Las Vegas filed suit to block to layoff of 40 firefighters. The suit follows on the heels of a successful effort by the North Las Vegas Police Officers Association to block to layoff of 40 police officers. That decision was based on the impact of the layoffs on the safety of residents, and stayed the layoffs for 90 days. The layoffs are part of a plan to address a $31 million deficit. This video is from two weeks ago prior to the suit being filed.
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