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Albuquerque Tackles Firefighter DWI Problem
The Albuquerque Fire Department has been struggling with a persistent problem: drunk driving arrests of its off duty personnel. in 2008 there were 6 DWI arrests of AFD firefighters. In 2009, the number jumped to 9. Each new case has been receiving unprecidented news coverage, leaving the public, politicians and the media asking questions about just what is going on in the AFD. Any time an employer seeks to influence off duty behavior, it runs certain risks: will the actions be challenged by the employees? Will it be challenged in the courts thereby tying up the department for years to come? Will it be…
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Fire Station Practical Joke Leads to Criminal Charges
Under the heading of you can’t make this stuff up, comes a really dumb – but in many ways even more tragic – incident from Connecticut involving several junior firefighters, and a few non-so junior firefighters. While in the Quaker Hill fire station in Waterford on September 27, 2009, a 14 year old junior firefighter pulled a chair out from underneath the girlfriend of a firefighter. Not surprisingly, the woman and her boyfriend took offense. Several hours later, the junior firefighter was summoned by a captain, and several parties then proceeded to duct-tape and strap the 14 year old to…
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The Ricci Case Grinds On in New Haven
A week after 14 members of the “New Haven 20” received their long awaited promotions, it was back to court for the parties. In a document titled “Plaintiff’s Brief on Post-Remand Liability Issues and Elements of Title VII Damages”, attorney Karen Lee Torre outlined what the 20 plaintiffs will seek when a jury is empanelled to consider damages. Specifically, the purpose of the brief was to address: “(a) the scope and nature of damages to which Plaintiffs are entitled under Title VII, and (b) whether any counts remain for liability adjudication.” Four members of the group who were not among the initial…
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NY City EMTs – the Duty to Act
A recent incident in New York City once again raises the question of duty to act. Does an off-duty EMT have a duty to render aid to a citizen in distress? While it will take years for the legal issues to play themselves out, the tragedy is being played out in the press damaging the reputation of FDNY and EMS workers in the process. On December 9, 2009, at about 9:00 am two EMTs walked into an Au Bon Pain coffee shop. While there, an employee began experiencing shortness of breath and abdominal pains. The woman, who was pregnant at…
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Fire Retardant Air Drops Under Fire
An interesting case is brewing in California over the use of aircraft deployed fire retardant. It seems some steelhead trout were killed in the Jesusita Fire in May, 2009, and the culprit is alleged to be the fire retardant. What is unusual about the story isn’t that some fringe environmental group is upset about something that seems pretty reasonable to most people. That’s not news. What is unusual is who is complaining: an environmental group of Forest Service employees, known as Forest Service Employees for Environmental Ethics (FSEEE). The Forest Service is one of the largest firefighting forces in the…
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Boston Jake Sues City and 2 BPD Officers for Civil Rights Violation
A veteran Boston firefighter filed a lawsuit December 9, 2009 against the City of Boston and two of its police officers, after he was acquitted by a Roxbury Municipal Court jury of charges of resisting arrest and assaulting Boston police officers. Firefighter Wayne Abron, a 19 year veteran, alleges that the officers used excessive force when they responded to his home for a domestic dispute, falsely arrested him, and charged him on Easter weekend, 2008. He suffered facial injuries and permanent injuries to his shoulder as a result of incident. Abron filed a civil rights suit against Officer Brian Dunford,…
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Uncomfortable Questions
As I was searching the internet this morning looking for the latest in fire service litigation news, I came across this article from LAWeekly discussing the problems of sexual harassment, physical ability requirements, and social engineering in the fire service in such an open and candid way that it warranted consideration here in Fire Law. The article raises some very uncomfortable questions – but they are questions that none-the-less need to be addressed despite the political correctness issues that are raised. Certainly the LA City Fire Department has had to deal with its share of discrimination, harassment, and retaliation law…
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The “Other” New Haven Discrimination Case is Decided
There are many fire departments in the United States that are heavily engaged in simultaneous lawsuits, but it is hard to imagine things being much more challenging litigation-wise than in New Haven, Connecticut. On the heels of the Ricci decision, and the post Ricci legal skirmishes, comes the “other” New Haven case. Two black New Haven lieutenants sought to challenge a practice known as "underfilling" of officer ranks, claiming that the practice benefited whites more than blacks. They alleged they would have been promoted to captain if not for that practice. Underfilling involved promoting personnel on a promotional list even though…
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What Was He Thinking?
Johnson City, New York firefighter's union is vowing to take legal action against the village mayor for suspending their union president because of statements he made at two village board meetings. Fire Captain and union president Marty Meaney was suspended for 30 days without pay for insubordination towards the village board and the mayor. Mayor Dennis Hannon said Meaney's conduct reflected badly on the fire department and village officials, and charged Meany with insubordination, unauthorized communications and two other misconduct charges. The union's attorney, Gene Faughnan, says Meaney is being wrongly targeted for speaking out against cuts within the department.…
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Erie Firefighters get Split Decision from Court
Erie Pennsylvania Firefighters, IAFF Local 293, recently received a mixed decision on an appeal of an arbitrator’s award. Arbitrator Michael Zobrak had previously issued an award that mandated the city increase minimum staffing from four to five firefighters on all companies if the city maintained six or fewer companies, or in the alternative maintain four per rig if an additional company is placed in service beginning January 1, 2010. Zobrak’s award also ruled that the city must discontinue the use of "dual companies," (a single crew that can respond with either and engine or ladder) in favor of single companies for…
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DC Fire and EMS Sued for $17 million – Heart Attack not Acid Reflux
The mother of a man who died on December 3, 2008, has filed suit against the Washington DC Fire & EMS (FEMS) alleging that the city and Dr. James J. Augustine, the department’s former medical director, are responsible for his death. Edward Givens died approximately six hours after being told by DC paramedics that the symptoms he was experiencing were due to acid reflux. The suit alleges he was actually having a heart attack, and that the failure of the paramedics to properly diagnose, treat – and more importantly warn Givens that his symptoms could also be the sign of…
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Fort Worth Captain Accepts Demotion – But Keeps His Job
A Fort Worth Fire Captain has accepted a 2 step demotion, but has been permitted to keep his job as a result of a settlement of the civil service appeal of his termination. Captain Steven Perez was fired on June 15, 2009 after an investigation concluded that he stole equipment from the fire department to use on his personal fire truck, and at least initially tried to blame a lieutenant for the missing equipment. The lieutenant confronted Perez about the allegations, and subsequently filed a complaint with the department. Among the items allegedly taken were axes, pike poles and a rotary…
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8 Firefighters Terminated in Canadaigua, NY
IAFF Local 2098, Canandaigua Firefighters, have filed a complaint with the New York State Public Employees Relation Board accusing the city of Canandaigua with committing an improper labor practice by eliminating eight career firefighter positions. The complaint alleged that the city, without bargaining to impasse, unilaterally eliminated the eight positions and replaced the unionized firefighters with volunteers. A basic premise of labor laws is that an employer cannot unliaterally impose a change to wages, hours, or other terms and conditions of employment without first bargaining to impasse. The New York State Public Employees Relation Board, the state agency in New York…
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Firefighter and ACLU Sue Town for Privacy Violation
On December 4, 2009, the RI affiliate of the American Civil Liberties Union filed a federal lawsuit on behalf of a Johnston firefighter against the town and its police chief, alleging that the release of the firefighter's driver's license information to a town councilman, and its subsequent release to the public, violated the Federal Drivers Privacy Protection Act. The suit names the town and Police Chief Richard Tamburini as defendants. The Drivers Privacy Protection Act prohibits the disclosure of motor vehicle record information by police and others for unauthorized purposes. The councilman, Ernest Pitochelli, released a letter into a local…
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