Fire Law Blog Fire Service and Public Safety Legal Issues Blog by Curt Varone
Today’s burning question: I am an engineer… well, I was an engineer. Anyway, I was going through an intersection that had a red light camera and we had our red lights and siren going and I knew the camera was going to take our picture, so I gave them a “two thumbs up” gesture. My department demoted me back to firefighter. Can they get away with that? Oh, and I was driving kind of fast at the time… the camera said it was something like 60 miles per hour… but the other cars were all stopped.
Answer: Son, if you worked for me – you and your officer would both be demoted – and he’d likely be facing a stiffer penalty than you would. Nevertheless, CalFire firefighter Patrick O’Donoghue is challenging his July, 2011 demotion from engineer. He is accused of gesturing to a red light camera with both hands off the wheel. The engine he was driving was going 60 mph at the time. The case is pending before an administrative law judge from the state personnel board.
O’Donoghue’s attorney, David J. Givot, did not dispute his client used poor judgment, but argued that the penalty is excessive. Given the incident happened in November, 2010 and he’s still not back behind the wheel, I would tend to agree. A decision is expected within 90 days.
And by the way – NFPA 1500 and best practice calls for a mandatory stop at all negative right of way intersections (red lights, stop signs). It may not be the law, and it may not even be the standard of care – (but then again it might be… only a jury knows for sure) – but its a lot smarter and safer than blowing through red lights at 60 mph.
