Tag Archives: discipline

Fire Law Roundup for March 11, 2024

In this episode of Fire Law Roundup for March 11, 2024, Curt discusses a disciplinary investigation into firefighters who booed an elected official at a promotional ceremony; the dismissal of two Michigan fire departments from a lawsuit brought by a ...

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Fire Law Roundup for May 15, 2023

In this episode of Fire Law Roundup for May 15, 2023, Brad and Curt discuss a suit seeking compensation for fire academy recruits in the Los Angeles County Fire Department who were quarantined in a hotel during the COVID19 pandemic; ...

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San Jose Fire’s Pink Poodle Strip Club Case Won’t Go Away Quietly

The San Jose Mercury News has filed suit against the City of San Jose seeking to obtain records related to the fire department investigation into the Pink Poodle strip club incident and the reported discipline of members involved. The suit was filed in Santa Clara County Superior Court pursuant to the state’s public records law.

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Discipline, Deception and Hard Cases

Today’s burning question: I was disciplined last week because I called in sick to go to my daughter’s hockey game. Her team was in the championship and I could not get anyone to cover my shift. I am being demoted from captain to engineer but we had a captain who got caught lying on-duty and he got virtually no punishment. Why am I being demoted and he get’s a slap on the wrist? Answer: My father has a saying: hard cases make bad law.

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Can a Union Waive A Firefighter’s Right To Appeal Discipline?

Today’s burning question: Can a union agree to waive a firefighter’s right to appeal as part of reaching a settlement of disciplinary charges against the firefighter? Doesn’t that deny the firefighter’s right to due process? Answer: Yes the union can and no it does not violate due process!

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San Diego Firefighter Loses Appeal of Suspensions

A San Diego firefighter who was suspended over two incidents that occurred in 2012 and 2013, has lost his appeal to have the discipline overturned by the California Court of Appeals. The firefighter was involved in separate incidents February 2012 and January 2013 that each resulted in a 24-hour suspension.

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Burning Question on At Will Employees and the Need for Just Cause

Today’s burning question: Several of my chief officers persist in asking why we can’t simply fire firefighters who are at-will employees. I have attempted to explain that termination without some basis (not necessarily just cause, but some justifiable legal basis) isn’t wise. They don’t seem to grasp what I tell them. Can you add anything that I can share with them to further my position?

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Ohio YCMTSU

A fire lieutenant with the Springfield Township, Ohio Fire Department has been terminated for a number of infractions, including showing a female colleague a lewd photo of his penis, and having pornography on his fire department computer. Lt. Jason Bowman ...

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LAFD Discipline Philosophy

One of the areas of my law practice that has been exceptionally busy over the past few years has been firefighter discipline. Many departments are experiencing unprecedented disciplinary issues – and while we can debate the various factors that are ...

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The Discipline Debacle in DC

It is almost beyond belief, even for someone who lectures regularly on the subject of “You Can’t Make This Stuff Up”. A fire chief, Kenneth Ellerbe, disciplining two chief officers who serve as hearing officers – administrative fact finders – ...

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