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Politicians Playing “Hacky Sack” with Fire Departments
Here is a very simple formula that my Public Sector Labor Law professor gave us many years ago in law school: Union official + speaking on an issue of public concern + discipline for speaking = a lawsuit the city cannot win That formula is being tested in the Village of Johnson City, New York, where Union President Marty Meaney was suspended for 30 days for statements he made to the Mayor and the Village Board. On January 28, 2010 Meaney and the Firefighters Union filed suit in state court accusing Mayor Dennis Hannon of depriving Meaney of his 1st and 14th…
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DeKalb Fatal Fire Report Released
The DeKalb County Fire Rescue released the report on why the initial crews dispatched to a reported house fire just after 1:00am on January 24, 2010, failed to find the fire, and returned in service. Crews were sent again to the same address at 6:18 am, and found the house well involved. One person died in the fire. To download the report: Download DeKalb Fire Investigation Report N Houghton Court To see the video report on the incident CLICK HERE.
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Alcohol and Fire Lead to Major Headache
An unfortunate decision by the fire chief of Tarpon Springs, Florida, to respond to a fire after attending a social function has landed him in hot water with his bosses. Chief Stephen Moreno was placed on administrative leave after he admitted to the city officials that he had been drinking prior to responding to a fatal fire on January 14, 2010. Chief Moreno, who apologized for his lapse in judgment, has led the department since 2005. Firefighters from Tarpon Springs were assisted by personnel from East Lake, Palm Harbor, Clearwater and Safety Harbor, in battling the fire that killed Dr.…
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Fire Chief in New Mexico Loses Job Over Theft of Radar Detector
Ronald Grogan, Fire Chief of Eunice City along with four other firefighters have been charged with various offenses related to the theft of a radar detector from a vehicle that was involved in an accident on December 4, 2009. The New Mexico State Police charged Chief Grogan with burglary as well as two counts of tampering with state’s evidence. The four other firefighters were also charged with tampering with evidence. The Mayor of Eunice, Matt White, assured the public that the arrests will in no way affect Eunice City’s fire or emergency services. Eunice City Manager Curtis Schrader confirmed that…
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Four DeKalb County Firefighters Placed on Leave – Answers Sought
Four DeKalb County firefighters are on paid administrative leave following a fatal fire Monday. Questions are being asked about why crews did not find the fire when first called to the scene shortly after 1:00am, and returned several houses later to find the home well involved.
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Lemon Law for Emergency Vehicles
A “lemon law” for emergency vehicles. When I first saw the headline, my reaction was: why didn’t I think of that? The concept of a lemon law for emergency vehicles is now a reality in New Jersey, believed to be the first state to adopt such a law. Typical lemon laws cover non-commercial (passenger) vehicles, and require the manufacturers of covered vehicles to replace or buy-back “lemon” vehicles that have experienced either repeated mechanical problems or long periods of being in the shop. States differ on the specifics of lemon law coverage and conditions. New Jersey’s law applies to a…
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The Mess in La Marque
Law school professors are notorious for coming up with strange fact patterns to use on final exams. However, I find that real life in the fire service can top even the best hypothetic questions a law school professor can dream up. Take the law suit filed by the La Marque (Texas) Firefighters union last week against the city of La Marque, and Mayor Pro Tem Keith Bell. Sounds pretty typical so far, right? There aren’t many places I am aware of that a suit between the firefighters and the city could be considered unusual. The interesting thing is that Mayor Pro Tem…
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The Hammer Drops in FDNY Case
Ok, so maybe it was not a hammer that dropped, it was a gavel, but the metaphor is clearly there: something big happened in the Big Apple on January 21, 2010. Just one week after Judge Nicholas G. Garaufis determined FDNY had intentionally discriminated against minorities in the 1999 and 2002 hiring processes, he ordered the remedy… and it will no doubt be a bitter pill for many to swallow: for every five firefighters the department hires, two must be black and one must be Hispanic. The remedy will last at least until 293 identified minority applicants are hired, and…
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Four More Suits in Charleston, SC
Four more suits have been filed in the aftermath of the Sofa Super Store fire in Charleston, SC on behalf of four Charleston firefighters who fought the June 18, 2007 blaze. The firefighters claim that they have experienced post traumatic stress, depression, and other ailments as a direct result of the negligence of the Sofa Super Store, Inc., the Goldstein Family Limited Partnership, Dupont Performance Elastomers, Feltmann & Associates Inc., Conklin Company, Robinson & Robinson Furniture, Motion-Eaze Recliners, Overnight Sofa Corp., Primo International, Miller Concrete, the Pembrook Chair Corp., and Albany Industries. The four lawsuits are in addition to at…
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Volunteer Deputy Chief Slapped with 6 Month Suspension
Todays burning question: Can a volunteer firefighter be disciplined for publically supporting a petition NOT to lay off two career firefighters. There’s an interesting case developing in Monroe Township, New Jersey involving the six-month suspension of a deputy chief for circulating a petition concerning the possible elimination of the fire company’s two paid firefighters. Fire Chief Lonnie Pipero suspended Deputy Chief Scott Kivet from the Monroe Township Volunteer Fire Company No. 1 for six months, charging that he used his title and position in a way that could imply the fire company endorsed the petition to maintain two paid firefighters. Chief…
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Curlew, Washington Fatal Fire Sparks Lawsuit
Here is an interesting case arising out of a fatal fire in Curlew, Washington.
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FDNY Spanked Hard for Race Discrimination
A major decision in the FDNY race discrimination hiring case was delivered yesterday, January 13, 2010, and it’s impact is only now starting to sink in. In a 70 page ruling, Judge Nicholas G. Garaufis lambasted FDNY for ignoring statistical imbalance numbers for years, and continuing to use hiring policies and procedures that resulted in a workforce that was approximately 93% white male. The lawsuit, filed in May, 2007, challenged two examinations administered in February, 1999 and December, 2002, as part of the hiring process. In July, 2009, Judge Garaufis ruled that the examinations were discriminatory under the disparate impact…
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Verdict in PA Vehicular Homicide Case: NOT GUILTY
The jury came back in the vehicular homicide case of Pennsylvania EMT Jason Fait today, and the verdict was not guilty. Fait was charged after an October 30, 2006 accident involving a Penn Township ambulance that he was driving claimed the life of Frank Scalise Jr., a county prison guard who was on his way to work. The accident occurred when the ambulance proceeded through a red traffic light between 5:30 am and 6:00 am while returning from a hospital. The major point of contention in the case was Fait’s state of mind at the time of the crash. Vehicular…
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Florida Discrimination Suit Includes the Union
Two Pasco County, FL firefighters have filed a race, ethnicity and religious discrimination suit against the county and the firefighter’s union. The lawsuit accuses a Pasco Fire Rescue Captain of using racial slurs against two employees, Anthony Booth and Jerry Brown. Booth is a firefighter/EMT, who is Hispanic and of Venezuelan-Spanish descent, and the Brown is a driver/engineer, whose wife's family is Jewish. The suit was originally filed in November in state court, and removed to Federal Court on December 29, 2009. It alleges that Captain Mark Bodden repeatedly harassed Booth, who worked for him at Station 14, using…
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