Fire Law Blog Fire Service and Public Safety Legal Issues Blog by Curt Varone
Two Clinton, Iowa fire officials who had been terminated in the aftermath of a Federal EMS billing scandal, have been being reinstated by the Clinton Civil Service Commission. The decision handed down Tuesday, November 23, 2010 ordered that Fire Chief Mark Regenwether and Deputy Chief Andrew McGovern be reinstated, with back pay.
In 2008, Clinton paramedic Timothy Schultheis sued the city of Clinton alleging Medicare and Medicaid overbilling. The city faced potential fines in excess of $100 million, but settled the suit earlier this year by agreeing to pay $4.5 million to the federal government. Part of the city’s response was to terminate Regenwether and McGovern. McGovern was in charge of EMS.
The Civil Service Commission took only 20 minutes of deliberations to reach its decision, which essentially held the city did not meet its burden of proof that the terminations were justified. Because the fire chief’s position is outside of civil service, Regenwether may be reassigned to a civil service position.
