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New Haven Case Takes Another Step Forward… we think….
The beleaguered and litigation weary New Haven Fire Department took another step closer to resolving the contentious and demoralizing fight over promotions that has been going on for five years. Under order from the United States Supreme Court, the U.S. District Court in Connecticut ordered the department to certify the promotional lists for captain and lieutenant, and promote 14 of the original 20 members who claimed to be aggrieved when the department threw out the list because the racial make-up of the list did not include enough black candidates. Judge Janet Bond Arterton issued the order on Tuesday, November 24, 2009, and…
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Open Records Law Suit in California
The Anderson Fire Protection District, in Anderson, California has been sued by The Record Searchlight to obtain an investigator's report on the conduct of its former fire chief. Attorney Walter McNeill, filed the lawsuit on behalf of the newspaper in Shasta County Superior Court seeking documents regarding the district's investigation into ex-Fire Chief Joe Piccinini. The Record Searchlight had previously sought information under the state's Public Records Act about the investigative report regarding allegations of mismanagement and misconduct of Piccinini, but were unsuccessful. Piccinini was placed on paid administrative leave in May, and resigned on July 1. The lawsuit alleges that…
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Louisville Firefighters Days Away from $45 mil. Payday
The Metro Louisville Council gave final approval last Thursday, November 19, 2009 to a plan that will effectively settle two law suits and pay upwards of $45 million in back overtime wages to Louisville firefighters. It is estimated that nearly 800 firefighters will be impacted by the settlement. One law suit dates back 9 years, while the other dates back 15 years. Both involve the overtime provision of the Federal Fair Labor Standards Act (FLSA) and Kentucky's Wage and Hour Laws. The crux of the case involves the proper calculation of overtime by the city. The first installment will be…
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Age Discrimination Case Settled on Long Island
An unusual age discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission on behalf of 17 volunteer firefighters on Long Island has been settled. In a suit filed nearly a year ago, the EEOC alleged age discrimination in the method by which the Easton’s Neck Fire District credited length of service awards. The fire district refused to let volunteer firefighters over age 65 accrue credits in their retirement benefits program. The settlement announced on Thursday, November 5, 2009 requires the Easton’s Neck Fire District to pay $213,840 to a group of 15 firefighters who will receive retroactive payments,…
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Murder Conviction for Death of EMT
Joseph Taye of Bear, Deleware, was convicted of first degree murder today in the tragic death of Michelle Smith, a 29-year-old emergency medical technician with the Delaware City Fire Company. Smith was killed on December 20, 2008, while attending to a patient at a motorcycle accident on the side of U.S. 13 in New Castle, Deleware. Taye, a paraplegic, was operating the pedals of 2004 BMW 750 with a stick. He fled the scene with the help of another driver. Originally charged with manslaughter, second-degree assault, driving while his license was revoked, leaving the scene of a crash and failure…
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Paramedic Sentenced to 12 Years for Assaulting Patient
Alan Miller, 31, an ambulance paramedic for Denver Paramedics, was sentenced to 12 years in prison for second-degree assault on a patient he was transporting, and filing a false report. On January 3, 2009, Miller's ambulance was transporting Tim Smith, 39, to Denver Health Medical Center after he had suffered a seizure. Upon arrival at the ER, Smith was found to have suffered fractures to his skull, nose and eye socket. While news reports of the events differ, Miller at one point blamed a police officer for Smith's injuries, as well as claiming he acted in self defense. The officer…
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Another Firefighter Charged with Arson
Another firefighter has been charged with arson, this time a paid-on-call firefighter in Presque Isle, Maine. He is accused of setting a fire at Northeast Packaging Co., where he was also employed. The fire last Friday, November 13th, 2009, destroyed the 150 by 300 foot warehouse. Over 50 firefighters from 6 area departments responded. Following his arrest, the 25 year old suspect was suspended from the fire department. The department reported that it already had policies requiring background and reference checks for new members.
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West Virginia Firefighters Charged with Arson
Four volunteer firefighters from Logan County, West Virginia have been arrested on arson charges. The three adults and one juvenile, along with two non-firefighters, were charged in connection with several fires in the Buffalo Creek area that occurred last spring. Channel 8 News in Charleston (Eyewitness News) quoted Deputy Fire Marshal Reed Cook as saying that there have been 40 firefighter-arson arrests in West Virginia so far this year. The cases have sparked a backlash by firefighters who are angry and upset that all firefighters in the state are being unfairly cast. However, Channel 13 News is quoting State Fire Marshal…
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$2.5 Million Verdict Against Fresno
A Federal District Court jury in California awarded a mother $2.5 million for sex discrimination arising from her departure from the Fresno Fire Department. The woman, Michelle Maher, was a Fresno Fire recruit in 2005, but alleges she was discriminated against and forced to leave the fire academy in part because she was a single mother. The verdict was announced on Friday, November 13, 2009 after a three week trial. Channel 47 has video coverage of the verdict including a brief interview with Maher.
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New Twist in Chopmist Hill Case
A new twist arose this week in the ongoing controversy between the Chopmist Hill Volunteer Fire Department and the Town of Scituate, RI. The lawyer for the town's insurer, Marc DeSisto, has asked that the case be removed from State Superior Court, to Federal District Court. DeSisto represents the Rhode Island Interlocal Risk Management Trust, who insures the town. The stratetgy behind the move to Federal Court remains open to interpretation. According to the Valley Breeze, the court documents say the move is because the fire department has alleged civil rights violations. Yet the lawyer for Chopmist Hill, John L.P. Breguet, speculated to…
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Black Firefighters Sue Local 22, Philadelphia Firefighters
A group of black Philadelphia firefighters filed suit on November 11, 2009 against their union, IAFF Local 22, alleging race discrimination. The group, named the Club Valiants, is seeking class action status on behalf of aproximately 500 African-American firefighters in Philadelphia. The suit alleges that the union does not fairly represent the interests of black firefighters, and has been "racially harassing and abusive". Among the specific allegations, the suit cited the fact that the union's internet message board has been used to mock and denigrate blacks. According to an article in Philly.com, a related issue in the suit is the involvement of a group referred to…
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More Litigation for Decatur County Fire & Rescue
Suit was recently filed by a former Decatur (GA) County Fire & Rescue firefighter, Cynthia G. Harrell, claiming sexual discrimination, harassment, pay discrimination, and other civil rights violation. The 90 page complaint was filed in US District Court, and comes on the heels of two previous suits tied to sex discrimination and harassment. In a suit settled in 2006, former DCF&R firefighter Michele Lagace received $175,000 for employment discrimination. In a separate suit, several male firefighters who supported Lagrace claimed they were retaliated against, being awarded $250,000 each in April of 2009. For more on the story. Time to open the checkbook.
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Westbrook Fire Department Sued Again for Sexual Harassment
If you read the newspapers across the country, you cannot help but notice that sexual harassment suits against fire departments seem to be running rampant. If you talk to male firefighters in many departments, they are quick to blame the women for creating the problems themselves. My personal observation is that male firefighters tend to fix blame in a particular situation on a particular female based on particular facts. I have heard the rationalizations for why in “this case” “this woman” is unqualified, or “difficult to get along with”, etc. etc. etc. “Honest Chief, its not us”. However, when you…
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