Kenosha Firefighters Allege Misconduct by Fire Chief

Is it another fire chief under attack, or is it a fire chief out of control?

Kenosha Firefighters, IAFF 414 have filed a blistering 7 page complaint with the City of Kenosha Board of Police & Fire Commissioners against Fire Chief John Thomsen outlining an assortment of conduct that they believe warrants the chief being suspended, demoted or otherwise removed from command.

The complaint was submitted today by the union’s attorney. It begins by pointing out that pursuant to Wisconsin Statute § 62.13 (3) a fire chief “is only entitled to ‘hold office during good behavior.’”

The complaint then goes on to allege a variety of misconduct that the chief has engaged in, including some for which he has been disciplined.

·      On August 16, 2010 the Kenosha Common Council publicly reprimanded Thomsen due to his failure to maintain “objectivity” which caused a Fire Department Division Chief to perceive that he was being persecuted. The Kenosha Common Council agreed to pay $10,000 as a contribution to the legal fees of the complaining party to resolve the matter. The Council then ordered that a formal letter of reprimand be placed in Thomsen’s personnel file due to his mishandling of the matter, as set forth in Resolution No. 125-10, a copy of which, as excerpted from the Official Proceedings of the Common Council, is attached hereto and incorporated herein.

 ·      On or about April 1, 2011, at a retirement party… Thomsen asked Local 414 President Jeremy Ryan what kind of shirt he was wearing. When told by Ryan that he was wearing a sweatshirt, Thomsen told Ryan, “You look like a fag.”

 ·      In or about August or September of 2012… Thomsen told Captain Matt Loewen, that “as long as he is fire chief he will never transfer [former Union President Jeff Weidner] out of Station 7.” This comment was made in apparent retaliation for actions taken by Weidner, a former President of Local 414, in his collective bargaining capacity.

 ·      In early December 2012, during an employment interview, Thomsen asked applicant Abbie Windus whether she was “like (name withheld),” a known gay employee.

 ·      On or about February 27, 2013, during a Step 2 grievance meeting … between Local 414 officers and Fire Department administrators, Thomsen refused to address the grievance, angrily terminated the meeting, and ordered Fire Fighter Ray Tessman out of the office…. Since that time, Local 414 has been forced to bypass the Fire Chief for all grievances in order to assure a fair and unbiased review of concerns regarding certain personnel matters and operations of the Fire Department. This has diminished the effective operation of the Fire Department and placed an increased burden on other areas of city government, including Human Resources.

 ·      On or about April 26, 2013, at the Department’s graduation party for new recruits at the Chutes and Ladders Pub, 3812 60th Street, Kenosha, Wisconsin, Thomsen told firefighter Kristin Kaminski, “I know you. I read your psych evaluation.” Upon Kaminski asking what he knew about her, Thomsen stated, in the presence of firefighter Paul Reget, “I know I will never confuse you with being the brightest person on our job.” Thomsen later told a group of firefighters at the same event that he knew so much about the “guys” on the Fire Department because he reads their psychological evaluations. These comments implicate serious violations of HIPAA and other proscriptions against unauthorized disclosure of employee medical and psychological records.

 ·      On or about May 31, 2013, while at a blood drive the Fire Department co-sponsored with the American Red Cross and held at Gateway Technical College, 3520 30th Avenue, Kenosha, Wisconsin, Thomsen arrived while on duty and in uniform to donate blood. As people were beginning to sign up near the entrance, Thomsen stated in a loud voice, “I just got back from the Netherlands and had sex with a Haitian boy. Can I still donate blood?”

 ·      On or about July 1, 2013, Thomsen walked into Fire Station 4, located at 4810 60th Street, Kenosha, Wisconsin, looked around, then stated to Firefighter Norman Hoening and other firefighters: “Fat guy, bald guy, fat guy, bald guy. Why do we have so many fat and bald guys?”

 ·      In 2013, Thomsen told Firefighter Jake Waldschmidt, then an applicant for the position of Lieutenant, “The reason you didn’t make lieutenant is because you didn’t throw enough ‘shits’ and ‘f&*ks’ in your responses.” This comment denigrated the entire promotional process and caused the Fire Department to be viewed as using a wholly improper promotional scheme, relying on inappropriate and offensive comments, cronyism, and favoritism in order to advance one’s career in the fire service in Kenosha.

 ·      During his service as Fire Chief Thomsen has stated on a number of occasions, to various firefighters, that he could have sex with the wife of anybody “on the job”, by which it is believed he meant the Kenosha Fire Department.

The complaint includes three sworn affidavits of members attesting to what occurred. Union President Jeremy Ryan was so kind as to provide us with the following statement:

The complaint sets forth our very serious concerns.  Simply put, our contention that his conduct falls well below the standard of “good behavior” is beyond debate.

We want to be clear that we have no personal animosity to the chief.  If the PFC decides to return him to the rank and file we would accept him back in our ranks, just as the firefighters in Waukesha did, when the chief was reduced in rank.

It is completely up to the PFC as to what they choose to do now that they have been made aware of the very real concerns shared by the majority of the members of the Kenosha Fire Department.

When something is broken and needs to be fixed, it cannot happen unless people of GOOD intent are willing to take the action necessary to fix what is obviously broken.  We know the chief will not be pleased with our decision to make this document public, but we cant sit by while administration fails to act in a manner that is in the best interest of the citizens of Kenosha.

We are proud of our fire department.  But we are not proud of the man who has been chosen to lead the department and who has obviously demonstrated he is not up to the task.

Here is a copy of the complaint. KENOSHA COMPLAINT Police and Fire Commission

About Curt Varone

Curt Varone has over 45 years of fire service experience and 35 as a practicing attorney licensed in both Rhode Island and Maine. His background includes 29 years as a career firefighter in Providence (retiring as a Deputy Assistant Chief), as well as volunteer and paid on call experience. He is the author of two books: Legal Considerations for Fire and Emergency Services, (2006, 2nd ed. 2011, 3rd ed. 2014, 4th ed. 2022) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.
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