Florida BC Alleges Bill of Rights and Due Process Violation

A Florida battalion chief who was fired last year for making an assortment of offensive comments, has filed suit claiming the city violated the Florida Firefighter Bill of Rights and his right to due process in its haste to discipline him.

Hallandale Beach Fire Rescue Battalion Chief Jeff Lyon was fired last October for comments that were offensive and derogatory to a range of his subordinates and co-workers. The allegations include:

• referring to an African American firefighter as a “token”
• use of the term “no bitch Tuesdays” to describe shifts without women
• directing a derogatory term for Hispanics toward a Hispanic firefighter
• advising two female employees to “coordinate their forthcoming pregnancies” to avoid inconveniencing the department
• asking women about their sexual orientation

Chief Lyon’s conduct was reportedly part of the reason Hallandale Beach Fire Chief Dan Sullivan was initially suspended and then fired last year. In explaining the city’s action, the Sun Sentinal referred to a “culture of fear, intimidation, disparate treatment and mean-spirited and hostile management” as the impetus for Chief Sullivan’s departure.

In his lawsuit, Chief Lyon claims that the city:

• failed to provide him with a Loudermill hearing prior to his termination (a procedural due process violation)
• failed to provide him with a statement or explanation of the charges prior to his termination (a procedural due process violation)
• allowed the city manager to both oversee the investigation and make the decision to terminate (a procedural due process violation – non-neutral decisionmaker)
• arbitrarily decided to terminate Chief Lyon without justification (substantive due process violation)
• failed to provide Chief Lyon with “written notice of sufficient detail of the investigation in order to reasonably apprise the firefighter of the nature of the investigation” prior to his initial interrogation (violation of the Florida FFBOR)
• failed to follow proper civil service procedure
• did not receive a complaint from a subordinate or co-worker of Chief Lyon, but rather initiated the investigation on the complaint of the city manager (who incidentally oversaw the investigation of her own  complaint, decided Chief Lyon was guilty, and determined the penalty would be termination… a procedural due process violation)
• assuming employees has properly filed discrimination complaints against Chief Lyon, the incidents complained of occurred outside of the EEOC’s 300 day statute of limitations
• reliance on hearsay evidence.

Chief Lyon is seeking reinstatement and backpay. Here is a copy of the complaint: Lyon v Hallandale Beach

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