Fire Law Blog Fire Service and Public Safety Legal Issues Blog by Curt Varone
A California firefighters’ union has filed a tort claim against a city, its fire chief, the city manager, the mayor and city councilmembers following what they allege has been “ongoing retaliation, harassment, and discrimination” by the fire chief.
The Downey Firemen’s Association, IAFF Local 3473, is claiming that City of Downey Fire Chief Lonnie Croom has been retaliating and making threats of retaliating ever since the association’s unanimous vote of no confidence in the chief on June 5, 2013.
The claim alleges that city officials are responsible “to the extent that they were aware of these unlawful events and failed to take corrective action to remedy this unlawful situation.”
Underlying the battle between the chief and the union appears to be a dispute about the future of the department as a separate entity. The firefighters support the department merging with Los Angeles County Fire Department while the chief supports the city retaining its own department. The union claims the chief "deliberately distorted and misrepresented the facts and figures" regarding a consolidation feasibility study.
Downey Councilman Mario Guerra came to the Chief Croom’s defense and was quoted as saying “our Fire Chief has done an amazing job, worked hard through the ranks to achieve this honored position and I have full confidence in his ability to lead our fire department. He has implemented many progressive reforms that have increased safety and medical response times in our city. Our city is blessed to have him leading our fine fire department. He is the true meaning of public servant and has done a great job as Fire Chief for the Downey Fire Department and has the confidence of our entire Council and community.”
The claim is a necessary precursor to the union suing the city in tort. It is not required before filing other types of actions, including violation of collective bargaining (concerted activities) rights, retaliation based upon union affiliation, and First Amendment violations.
