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Rialto Firefighter’s 4th Amendment Rights Violated By Fire Chief’s Search Order
The 9th Circuit Court of Appeals just handed down a decision in a case arising from a fire department administrative investigation in Rialto, California. Firefighter Nicholas Delia of the Rialto Fire Department was under investigation for working while off injured back in 2006. A private investigator was hired to follow him, and observed him purchasing construction materials including several rolls of insulation. The investigator turned a video of the purchase over to the fire chief. Delia was called in for questioning as part of the administrative investigation. The questioning was conducted by an attorney hired by the fire department. Also…
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Three Houston Firefighters Terminated for Racial Notation in Report
3 Houston firefighters have been terminated over a racial slur that appeared in an incident report submitted last March, 2010. The discipline has prompted an angry response from the firefighter’s union who contends that the investigation was shoddy, and asks a very legitimate question: how can three members have been convicted of writing something that at best, only one person could possibly have done? More on the story: The challenges of investigating and charging firefighters with misconduct from the department's side, and defending firefighters from the union's side, is covered in depth in our 2 day program Fire Department Administrative Investigations and Enforcing Discipline. There…
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Another Firefighter Charged with DUI While Driving A Fire Truck
A volunteer firefighter in Madison, South Dakota was arrested last Saturday, September 4, 2010 and charged with driving a fire truck while intoxicated. Unfortunately this is not the first… nor second…. nor even third case like this we have covered this year. Here is more on the story.
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Westbrook Maine Settlement of Sexual Harassment Claims… Round 3 $850k
A settlement has been reached in the longstanding sexual harassment dispute in Westbrook, Maine. See past blog. And another. And another. Sadly this was the third round of sexual harassment claims – extending back to the early 1990s, and the third time the city has settled. In the aftermath of prior two settlements – the pattern of misbehavior continued – costing two fire chiefs their jobs.
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Family Sues FDNY and EMT for Death of Pregnant Woman – Failure to Act
The family of a pregnant woman who accused two FDNY EMTs of refusing to come to her aid in her final moments, have filed suit against the city and one of the EMTs. Eutisha Rennix died on December 9, 2009 after she suffered an asthma attack at work in an Au Bon Pain in Brooklyn. Immediately after her death, her family began accusing the two EMTs of refusing to help Ms. Rennix, stating publically on television that the EMTs sat in the restaurant and had coffee and bagels while Rennix died in the back room because they were on a "coffee…
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County City Squabble Ends Fire Based Paramedic Service in Stockton
A four year battle with between the City of Stockton and San Joaquin County over EMS has resulted in the Stockton Fire Department having to discontinue paramedic level services that have been provided for over three decades. This case is one of several in California involving a dispute between counties and local government over EMS delivery by firefighters. State law grants the authority to coordinate EMS services to the county, but provides that fire departments that provided a service dating back to June 1, 1980 were grandfathered. For those who have a copy of Fire Officer’s Legal Handbook, see the case…
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Lawrence, Indiana Firefighter Fired for Sexual Harassment
A Lawrence, Indiana firefighter has been terminated for sexual harassment. Michael Rude was accused of a lengthy list of inappropriate conduct. The Lawrence Merit board rendered its decision on September 1, 2010 after numerous witnesses came forward to describe his conduct, which included groping, repeated inappropriate sexual comments, and entering female only areas of the fire station. Rude's defense was that sexually explicit language was common in the Lawrence Fire Department. The Merit Board found him guilty of eight of the nine allegations.
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Pennsylvania Paramedic Arrested for Interfering with Police Tasering of Patient
A Pennsylvania paramedic has been charged with disorderly conduct and obstructing a police officer in regards to an incident which occurred last April. Paramedic Jodi L. Kerr-Rummel of the Lower Burrell Volunteer Fire Company No. 3 pled not guilty to the charges, and was in court again last week on August 25, 2010 seeking to have the charges dismissed. She is alleged to have interfered with a police officer who was attempting to Taser a combative female patient on an EMS run on April 9. 2010. Kerr-Rummel’s attorney, James Michael Fox, asked the court to dismiss the charges, arguing that…
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Arbitrator Orders Laid Off St. Albans Firefighters Reinstated
When I first started this blog my intent was to offer fire law news and information with a perspective that went beyond just the superficial headlines that other web sites provide. In particular I wanted to give firefighters the rest of the story on cases and the law as it relates to the fire service. A case out of St. Albans, Vermont gives us that opportunity to discuss how arbitrators (and courts for that matter) interpret conflicting terms in a collective bargaining agreement. It seems like every other story in this blog involves the tough economic times, and how cities and…
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Legal Challenge by Palo Alto Committee Results In Change To “Misleading” Firefighter Staffing Ballot Initiative
At a time when local officials have made, and continue to make, drastic cuts in fire departments in an effort to deal with the financial crisis, Palo Alto Firefighters Local 1319 found a novel way to ensure that the public (not politicians) had the final say in what fire service related cuts would be made. They supported a ballot measure that if passed would prohibit the city council of Palo Alto from reducing the fire department's staff below 2009-10 levels or closing stations without first holding public hearings and an election. Supporters of the measure, designed as “Measure R”, obtained…
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Odenville, Alamaba Fire Chief Terminated
We have covered some pretty bizarre cases here at Fire Law Blog – but certainly none come close to being as disturbing as this one. An Alabama fire chief has been accused of improperly disposing of two premature (approximately 20 week) still born fetuses at an emergency scene. During the early morning hours of July 23, 2010, Odenville Fire Chief David Davis along with another paramedic responded to a 911 call where a young woman who was 20 weeks pregnant was in excruciating pain, and suffered a miscarriage. The emergency workers, in a rush to take the woman to the hospital,…
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Voters Turn Out To Support Firefighters Despite Misdeeds
In these difficult economic times, the average taxpayer does not appear to be inclined to tolerate too much in the way of misconduct from public employees. So firefighters in Key Peninsula, Washington were bracing for the worst last week when the fate of a $1 million tax levy to provide paramedic service was in the hands of taxpayers. Fortunately the public looked past the problems and approved the levy on August 17, 2010 by a large margin The vote came on the heels of two highly publicized disciplinary incidents involving seven firefighters that provided plenty of fodder for the anti-levy advocates…
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Alcohol Served to Underaged Firefighter Leads to $35 Million Suit Against Fire Department
A Tennessee volunteer firefighter who was served alcohol at a fire department reception has filed a multi-million dollar negligence lawsuit against the fire department, the fire chief, a police detective, and three other individuals. Nathan Mumpower was severely injured on July 30, 2009 following the reception when his vehicle crashed into a utility pole and tree, leaving him with brain and spinal cord injuries. Mumpower was 19 at the time, and spent 62 days a specialized hospital in Atlanta, amassing over $700,000 in medical bills. The alcohol was served following a Sullivan County Volunteer Fire Department awards ceremony at the…
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Ohio Fire Captain Charged with Installing Hidden Bathroom Cams
An Ohio fire captain is facing a number of criminal charges after he installed a hidden video recorder in bathroom at the Munson Township YMCA.
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