Tag Archives: due process

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?

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Suspended Hartford Deputy Chief Files Suit

A deputy chief from Hartford, Connecticut who was suspended for 30 days without pay last week, has filed suit against his fire chief, two other ranking officers, and the mayor alleging violations of his right to free speech. Deputy Chief Daniel Nolan filed suit today in Connecticut Superior Court naming Fire Chief Carlos Huertas, Interim Assistant Chief Scott Brady, Fire Marshal Roger Martin, Mayor Pedro Segarra.

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Should We Accept Anonymous Complaints Against Firefighters?

Today’s burning question: If someone wants to file a complaint against a firefighter, can we allow that person to remain anonymous? In other words, should we accept anonymous complaints? Answer: That is a question that comes up a lot in my Fire Department Administrative Investigations and Enforcing Discipline class.

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Utah Chief Sues Police Over Flawed Drug Investigation

A Salt Lake County assistant chief has filed suit in federal court against the City of Cottonwood Heights claiming that a police detective violated his rights when he accessed confidential medical information about him from the State of Utah’s Controlled Substance Database, and used the information to file unwarranted criminal charges.

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Idaho Fire District Sued Over Elimination of Union President’s Position

An Idaho division chief who was fired after he helped organize a union and served as it’s president, has filed suit against a fire district and its commissioners. Division Chief Timothy McDermott was fired from the Worley Fire District on November 11, 2014. His lawsuit claims that he was told his actions "irritated” the Chairman of the Board of Fire Commissioners prompting his termination.

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Fire Law Podcast: DC Battalion Chief’s Demotion Reversed

In this podcast District of Columbia Battalion Chief Richard Sterne explains the circumstances surrounding his demotion by Fire Chief Kenneth Ellerbe for not finding two officers guilty of charges at a disciplinary hearing. Curt Varone and DC Attorney Jim Pressler review the facts, the law and the politics behind the scene in the Nation’s Capitol.

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Wisconsin Firefighters Face Discipline Over Cellphone Recording

Two Kenosha, Wisconsin union officials are facing suspensions for their role in a complicated case where a cellphone allegedly recorded a discussion that took place after they stepped out of a meeting with the fire chief. But the case raises a number of more complicated issues involving criminal law, evidence, and even a Constitutional question or two!!!

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Tennessee Retirees Challenge Reduction in Cola

Two retired Chattanooga firefighters have filed a class action suit claiming the city’s attempt to cut their pensions is illegal. William Melhorn and James Gaston joined two retired Chattanooga police officers, Johnny Frazier and Reuben Salter, in filing a nine-page ...

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NY and PA Lawsuits in the News

Two negligence lawsuits are in the fire law news today, one in New York involving the delayed response of an FDNY ambulance, the other in Pennsylvania where a firefighter aboard a tanker driven by an intoxicated chief is suing the ...

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Korean Paramedic Accuses San Diego of Discrimination

A firefighter of Korean decent has filed suit against the San Diego Fire Department claiming the department’s refusal to reinstate him as a paramedic constitutes ethnicity discrimination. Steve Choi filed suit last month in San Diego County Superior Court alleging ...

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