Burning Question

Oregon Chief Claims He Was Fired Over Wife’s Social Media Postings

Today’s burning question: Can I be fired from my job as a fire chief because my wife criticizes my bosses on social media? Answer: Chances are your bosses will find another reason to fire you if they were upset about your wife’s social media activities. That is what former Cannon Beach Fire Chief Mike Balzer claims happened to him.

Sick Leave and Hypocrisy

Today’s burning question: My fire department has a sick leave policy that states "Members of the Department on sick leave, when not hospitalized, are expected to remain at home, unless authorized by a physician for light duty." There are exceptions for medical care, prescriptions, etc. Is this a legal and supportable policy?

Retirement of DC Lieutenant Raises Question of Pension Following Dishonorable Service

Today’s burning question: Can a firefighter who is facing disciplinary action, avoid facing any punishment for his misconduct by quickly retiring before he can be terminated? Answer: An employee can resign at any time and there is nothing an employer can do to stop a separation of service from occurring. However, the employee’s entitlement to a pension is another story. A pension can be conditioned on honorable service.

Intoxication, Reports, Facts And Conclusions

Today’s Burning Question: I am a firefighter paramedic and we were told that noting in a patient care report that we suspect that a patient is under the influence of alcohol can get us into trouble. In fact one paramedic reportedly got ripped apart in court by even using the word alcohol in his report. What are we supposed to do? If I write in my report that the patient smelled of alcohol am I really sticking my neck out?

Public Records and Electronic Communications

Today’s burning question: If a firefighter’s personal device such as a cellphone connects to a wireless network provided by a governmental agency, is the information transmitted automatically subject to the state’s public records law? Answer: Whether an electronic communication is a public record has nothing to do with how it is transmitted.

Should Additional Hours Be Paid as Overtime or Straight Time

Today’s burning question: Our attorney is claiming we are wrong to pay overtime to firefighters unless they physically work 212 hours in a 28-day period. We have always paid overtime to our personnel for all hours over and above a firefighter’s assigned work schedule. Is he right?

Department Liability For an Unqualified Chief

Today’s burning question: Are there cases out there where a fire department was held liable for not having a qualified chief officer(s)? Our fire board does not seem to care that our chief has no qualifications what-so-ever. Answer: Negligent selection, failure to train, and negligent supervision are very common allegations in law suits. The problem is the implication of the question: is the main reason we want qualified people to serve as chief officers because we are scared of being sued…

FLSA Executive Exemption for Company Officers Burning Question

Today’s burning question: Your book says that officers assigned to a shift are considered hourly employees. I heard the 11th Circuit recently decided a case that says they are not. What gives? Answer: Would you believe my book is right and the 11th Circuit is wrong?

Discipline Over The Use of the N-Word

Today’s burning question: Should the penalty for a firefighter who uses the N-word be termination? Answer: I am not sure that question can be answered in the abstract, given all the possible variables. Was the statement made while the member was on-duty or off-duty; in what context was the term used (hate-filled threat, quoting another person, said in jest)...

Post Accident Drug Testing in the Headlines

Today’s burning question: After an apparatus accident last week and I was sent for routine drug/alcohol testing. The local newspaper wrote an article about the accident naming me as the driver and indicating that I was sent for drug testing. The way it was written implied I was sent because I did something wrong.

First Amendment, Tattoo Policies and Religion

Today’s burning question: In your July 2, 2015, post on the legality of a no-show tattoo policy, you included a quote that “A police officer’s uniform is not a forum for fostering public discourse or expressing one’s personal beliefs.” Would this interpretation prevent police officers, firefighters and EMS personnel from proselytizing while in uniform?

Volunteer Firefighter’s Right To Due Process

Today’s Burning Question: If a volunteer firefighter is dismissed from a department without the governing board following it’s rules on dismissal which includes formal charges and a hearing, can the volunteer file a 1983 claim against the board? Is this a due process violation?

Florida County Contemplates Suing Departed Firefighter for Cost of Training

Today’s burning question: I signed an agreement with my former fire department requiring me to repay them for the costs of my paramedic training if I did not remain with the department for at least two-years. A few months after I completed the training I was offered a position with a larger fire department, so I left. Can they really sue me?

$40 Billion YCMTSU Racketeering Suit in Massachusetts Names Fire Department

Today’s burning question: What do Tom Brady, the Boston Celtics, Prince Harry and the Brockton Fire Department have in common? Answer: They have all been named in a $40 Billion lawsuit filed by a Massachusetts woman brought to light today by Boston.com.

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