Soon after I began studying law, it became apparent to me that there was a special connection between law and the fire service. The connection was (and is) evident on so many levels and in so many ways. Once again that connection is re-emphasized in the reverse discrimination law suit from New Haven, Connecticut, that is now pending before the US Supreme Court. Once again, it appears that a fire service based case will be setting new precident. Here is an interesting news article on the case.
http://www.latimes.com/news/nationworld/nation/wire/sns-ap-scotus-firefighters-lawsuit,1,6226259.story?page=1
Monday, April 20, 2009
Friday, April 17, 2009
BETHESDA FIRE DEPARTMENT PAYS OVER $250,000
Former Chief And Board President Held To Have Imposed UnconstitutionalRestrictions On Former Deputy Chief’s Speech After His Critical CommentsAbout Chem/Bio Preparedness
BETHESDA, MARYLAND –Former Bethesda Fire Department Deputy Chief Lewis German, who had beenterminated from his position in February 2002, announced today he hadsettled his First Amendment termination lawsuit against the Bethesda FireDepartment, former Chief Dennis Urban and former Board President (andcurrent board member) Virginia Miller for $259,000.00. The case was pendingbefore the U.S. District Court for the District of Maryland and wasscheduled to go to trial on June 16, 2009. German was terminated followinghis public whistleblowing comments in the aftermath of 9/11 that MontgomeryCounty was ill-prepared to counter a chem/bio attack.
The parties issued a joint statement that “[i]t is regrettable that thissituation occurred. Mr. German has been a valued member of the MontgomeryCounty Fire and Rescue Service for more than 35 years and is to be commendedfor his dedication to the fire service.” “This sizable settlement sends themessage that fire departments can not legally silence volunteers who darepublicly speak out about legitimate safety concerns,” stated German, whosesalary for his service as Deputy Chief was $0 annually.
In or around 1999, Montgomery County purchased approximately $500,000 worthof protective suits which were never distributed to the various fire/rescuestations. None of the protective suits were appropriately or continually“fit tested” to ensure maintenance, nor did Fire/Rescue personnel receivethe necessary training to utilize the suits. This, according to German andseveral other volunteer fire officers, had rendered the suits unavailablefor service and was a waste of government funds. The public criticismprompted an October 9, 2001, press conference by then County ExecutiveDouglas Duncan, who was initially a defendant in the lawsuit and testifiedby deposition, to counter the media reports generated by German and his fireservice colleagues.
On January 22, 2002, Chief Urban, with the formal backing of PresidentMiller, notified German that he could not remain in the Department unless hesubmitted a letter of apology to Duncan, served a six month suspension fromBFD activities and agreed to “never again contact the media in any way(individually, anonymously, third party, etc.) while a member of the BFD.”Urban noted that there is “no negotiation or compromise on theseconditions”. After German refused to accept the conditions and specificallypointed out that Chief Urban and President Miller were violating his FirstAmendment rights, he was terminated on February 20, 2002.
The Honorable Peter J. Messitte, the presiding Judge in the case, afterevaluating the media restriction, wrote “The Court has no difficultyconcluding, however, that the condition that the [plaintiff] would have toforego every kind of speech as long as he was a member of the department isfacially unconstitutional. There's no question about that in the Court’smind, that it would represent a prior restraint that would be inappropriate,and I think the defendants would have to concede that.” Additional defenseclaims that German’s comments had jeopardized the Fire Department’s fundingwere characterized by Judge Messitte as “almost ridiculous in and of itself”and “speculative.”
“This case is a significant First Amendment victory for firefighters, themedia and the Montgomery County community, especially in light of theimportance of the issues that Lewis German risked his career to ensure werepublicly debated,” said Mark S. Zaid, the Washington, D.C. nationalsecurity/constitutional attorney who represented German. Chief Urban andPresident Miller bear predominant responsibility for the unlawful andreprehensible actions that ruined the career of a dedicated volunteerservant, and it cost the Fire Department more than a quarter million dollarsas a result. That says it all, added Zaid.
The case was German v. Bethesda Fire Department et al., Civil Action No.PJM05-494 (D.Md), and was filed on February 18, 2005. Prior to joining theBethesda Fire Department, German served as a volunteer member of theBethesda Chevy Chase Rescue Squad from 1966-2001, and its’ Chief fromJanuary 1999 - January 2001. He was appointed Deputy Fire Chief for BethesdaFire Department in February 2001. Following his unlawful termination Germanno longer participated in the fire rescue service and moved out-of-state.Chief Urban left the Bethesda Fire Department not long after and relocatedto Tennessee. Ms. Miller is no longer President but continues to serve on the Bethesda Fire Department board.
BETHESDA, MARYLAND –Former Bethesda Fire Department Deputy Chief Lewis German, who had beenterminated from his position in February 2002, announced today he hadsettled his First Amendment termination lawsuit against the Bethesda FireDepartment, former Chief Dennis Urban and former Board President (andcurrent board member) Virginia Miller for $259,000.00. The case was pendingbefore the U.S. District Court for the District of Maryland and wasscheduled to go to trial on June 16, 2009. German was terminated followinghis public whistleblowing comments in the aftermath of 9/11 that MontgomeryCounty was ill-prepared to counter a chem/bio attack.
The parties issued a joint statement that “[i]t is regrettable that thissituation occurred. Mr. German has been a valued member of the MontgomeryCounty Fire and Rescue Service for more than 35 years and is to be commendedfor his dedication to the fire service.” “This sizable settlement sends themessage that fire departments can not legally silence volunteers who darepublicly speak out about legitimate safety concerns,” stated German, whosesalary for his service as Deputy Chief was $0 annually.
In or around 1999, Montgomery County purchased approximately $500,000 worthof protective suits which were never distributed to the various fire/rescuestations. None of the protective suits were appropriately or continually“fit tested” to ensure maintenance, nor did Fire/Rescue personnel receivethe necessary training to utilize the suits. This, according to German andseveral other volunteer fire officers, had rendered the suits unavailablefor service and was a waste of government funds. The public criticismprompted an October 9, 2001, press conference by then County ExecutiveDouglas Duncan, who was initially a defendant in the lawsuit and testifiedby deposition, to counter the media reports generated by German and his fireservice colleagues.
On January 22, 2002, Chief Urban, with the formal backing of PresidentMiller, notified German that he could not remain in the Department unless hesubmitted a letter of apology to Duncan, served a six month suspension fromBFD activities and agreed to “never again contact the media in any way(individually, anonymously, third party, etc.) while a member of the BFD.”Urban noted that there is “no negotiation or compromise on theseconditions”. After German refused to accept the conditions and specificallypointed out that Chief Urban and President Miller were violating his FirstAmendment rights, he was terminated on February 20, 2002.
The Honorable Peter J. Messitte, the presiding Judge in the case, afterevaluating the media restriction, wrote “The Court has no difficultyconcluding, however, that the condition that the [plaintiff] would have toforego every kind of speech as long as he was a member of the department isfacially unconstitutional. There's no question about that in the Court’smind, that it would represent a prior restraint that would be inappropriate,and I think the defendants would have to concede that.” Additional defenseclaims that German’s comments had jeopardized the Fire Department’s fundingwere characterized by Judge Messitte as “almost ridiculous in and of itself”and “speculative.”
“This case is a significant First Amendment victory for firefighters, themedia and the Montgomery County community, especially in light of theimportance of the issues that Lewis German risked his career to ensure werepublicly debated,” said Mark S. Zaid, the Washington, D.C. nationalsecurity/constitutional attorney who represented German. Chief Urban andPresident Miller bear predominant responsibility for the unlawful andreprehensible actions that ruined the career of a dedicated volunteerservant, and it cost the Fire Department more than a quarter million dollarsas a result. That says it all, added Zaid.
The case was German v. Bethesda Fire Department et al., Civil Action No.PJM05-494 (D.Md), and was filed on February 18, 2005. Prior to joining theBethesda Fire Department, German served as a volunteer member of theBethesda Chevy Chase Rescue Squad from 1966-2001, and its’ Chief fromJanuary 1999 - January 2001. He was appointed Deputy Fire Chief for BethesdaFire Department in February 2001. Following his unlawful termination Germanno longer participated in the fire rescue service and moved out-of-state.Chief Urban left the Bethesda Fire Department not long after and relocatedto Tennessee. Ms. Miller is no longer President but continues to serve on the Bethesda Fire Department board.
Friday, March 27, 2009
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.
Thursday, March 26, 2009
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.
Wednesday, March 25, 2009
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.
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.
Tuesday, March 17, 2009
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.
Tuesday, March 10, 2009
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.
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