Can City get out of CBA through Bankruptcy?

Can a City file bankruptcy to get out of collective bargaining agreements that exist with municipal employees? That is what one California city is trying to do. Municipal bankruptcy is an interesting tactic that has never been completely successful to date - but in light of the recent financial crisis may be looked to by public officials. More on the California case here.

Firefighter case Headed to US Supreme Court

I have always been amazed by the connection between fire and law - and that connection continues to be proven time and time again. A reverse discrimination case involving the New Haven Fire Department is now before the US Supreme Court and may establish groundbreaking precident when it is decided. Here is a story about the case, and the arguments that each side is presenting.

Boston Firefighter in trouble for Email

A Boston firefighter is facing disciplinary action for using the department email system to encourage other personnel to cast votes against the mayor in an online poll. The firefighter also happens to be a union official. The case raises some interesting 1st amendment/privacy issues, along with the spector of electronic eavesdropping in the workplace, collective bargaining, and governmental ethics (yes ethics.... as in misuse of public property for political purposes).

Fire Officers Legal Handbook addresses some of these thorny issues in Chapter 6, not the least of which is that employers must obtain the employees CONSENT before being able to electronically eavesdrop or record their email conversations!!!!! Its not hard to obtain that consent - but it must none-the-less be done BEFORE the employer may being recording or viewing an employee's emails.

Medic Accused of Adandonment

Cases involving patient abandonment are a relatively rare occurrence, and in the few cases where abandonment has led to legal action, it has primarily involved civil suits. Thus the case of a medic in New York city who was charged with the criminal offense of endangering the welfare of a child is highly unusual. The medic transported a 5 year old boy who was injured in a vehicle accident to a Bronx hospital, but apparently did not want to wait for nurses who were too busy to sign the paperwork and accept the patient. He apparently left the boy, forging the nurses signature on his report.

Abandonment is discussed in Chapters 7 and 8 in Fire Officers Legal Handbook.

Click here for the newspaper report.

Firefighters Charged in Training Fire

In a strange case, two Pennsylvania firefighters have been charged with several criminal offenses including conspiracy, tampering with public records, and arson in regards to a training fire that was set in an acquired structure for training purposes, due to the fact that the building contained asbestos. According to a news report, the pair knew the building contained asbestos, but never the less obtained permits to allow the burn by indicating the building contained no hazardous materials. Additional details are available here.