Fire Law Blog Fire Service and Public Safety Legal Issues Blog by Curt Varone
A battalion chief with the Covington Fire Department has filed suit claiming his termination last year violated his right to due process, breached his employment agreement, defamed him, invaded his right to privacy, and constituted intentional infliction of emotional distress.
BC Kevin Whitley filed suit naming the city, Mayor Fleeta Baggett, and City Manager Tres Thomas. The complaint identifies several city policy violations committed by the city in handling Chief Whitley’s termination, including:
- Failure to provide 5 days notice;
- Failure to have the proper signatures of the forms;
- Failure to have the decision made by the fire chief (the decision being made by the mayor, as the fire chief did not want him terminated);
- Failure to make any “attempt to give the employee the opportunity to correct performance or conduct problems”;
- Deviating from normal processes when terminating employees;
- Making and publishing inaccurate charges as well as by imposing inappropriate discipline.
These policy violations are alleged to have violated Chief Whitley’s due process rights and breached his employment agreement. The complaint also claims that the incident in question involved the exchange of private images between consenting adults via a private delivery system that constitutes “neither sexual activity nor lewd, lascivious, or indecent conduct.” As a result, the facts do not support a finding that he violated the rules, or that what he did warrants termination. Furthermore, by making the allegations public the city, the mayor and the city manager defamed Chief Whitley, and invaded his right to privacy by presenting him in a false light.
Here is a copy of the complaint:
