Another California Fire Chief Sues Employer

Posted by: Curt Varone April 20, 2011 1 Comment

Another California fire chief has filed an employment related suit against a city, the second such filing in a week. Chief Dave Kapler filed suit against the city of Alameda, claiming he was wrongfully forced out of his job last fall.

Chief Kapler claims that a councilwoman conspired with the firefighters’ union force him out, and that the Interim City Manager acceded to their wishes without justification.

However, last August the chief was photographed fueling his personal vehicle, a BMW Z4, at the city pumps. When the matter became publicized, Chief Kapler responded that he had permission from City Manager Debra Kurita to refill his personal car using city fuel. The situation created a bit of a public furor, and when asked about granting Chief Kapler permission, Kurita cited a “miscommunication”.

The Chief was placed on administrative leave in September, 2010 and threatened repeatedly with termination. He submitted a letter of resignation of November 5, 2010.

The suit asks for $2 million in damages, and names the City of Alameda, Councilwoman Lena Tam, Kurita and the former Interim City Manager Ann Marie Gallant (who issued Chief Kapler a termination letter), as defendants.

More on the story.

The other recent suit was filed by Fire Chief Cathleen Orchard against the City of Monterey Park for gender and sexual orientation discrimination.

About Curt Varone

Curt Varone has over 45 years of fire service experience and 35 as a practicing attorney licensed in both Rhode Island and Maine. His background includes 29 years as a career firefighter in Providence (retiring as a Deputy Assistant Chief), as well as volunteer and paid on call experience. He is the author of two books: Legal Considerations for Fire and Emergency Services, (2006, 2nd ed. 2011, 3rd ed. 2014, 4th ed. 2022) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.
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