Cleveland Firefighters Sue For Fire Chief

Posted by: Curt Varone September 30, 2013 0

Cleveland Firefighters, IAFF Local 93 have filed suit against the city of Cleveland claiming the city is violating state law by failing to promote an eligible candidate to the fire chief’s position within ten days of a vacancy becoming open.

Ironically, the opening that Local 93 is complaining about was created by the departure of Fire Chief Daryl McGinnis, who left under fire from the union after failing to complete his mandatory continuing education requirements (August 2013), and for threatening to stab a firefighter in the neck for being out of uniform (June 2013).

The suit was filed in Cuyahoga County Common Pleas Court and is premised both on civil service regulations and state law. Local 93 is asking the court to order the city to appoint one of the candidates on the fire chief’s eligibility list, which is good until January of 2015. According to the union, the city is seeking to establish a new list because the old list contained less than three names.

More on the suit.

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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