Fire Law Blog Fire Service and Public Safety Legal Issues Blog by Curt Varone
The termination of a West Virginia fire chief earlier this year, has been upheld the city’s civil service commission. Clarksburg Fire Chief Stephen McIntire was fired by City Manager Tiffany last June.
The stated reason for Chief McIntire’s termination was “the painting of a mural in the fire chief’s office at the main fire station.” However, Chief McIntire claims he is being retaliated against for having been involved in two overtime lawsuits. The termination decision was made two weeks after the suits were filed. For that reason he demanded a hearing before the Clarksburg Fire Civil Service Commission. He has been suspended with pay pending the outcome of the hearing.
The two lawsuits allege overtime violations, one under the FLSA and one under West Virginia state law. The FLSA has strong anti-retaliation provisions. Nonetheless, the commission voted 2 to 1 to uphold the chief’s termination. Here is our earlier coverage on the suits and Chief McIntire’s termination.
