Awful But Lawful

Connecticut Court Sidesteps Firefighter Medical Marijuana Challenge

The Superior Court of Connecticut in Waterbury handed down a decision earlier this month that raised four important questions: Can a fire department discipline a firefighter who tests positive for marijuana if the member is legally authorized to use medical marijuana? Are last chance agreements of over one year enforceable? Does a last chance agreement supersede a collective bargaining agreement...

Social Media Posts and the Cowards Way Out

Today’s burning question: I am a fire chief and I want to know if I can discipline a firefighter for the comments his wife is posting on social media that demean and disparage me and the fire department if I know he is behind it. Answer: Ah yes, the proverbial “coward’s way out”: using one’s spouse as a mouthpiece to criticize the fire chief and the fire department.

Oakland Dismissed from San Pablo Avenue Fire Suit

An Alameda County Superior Court judge has dismissed the City of Oakland from a lawsuit over the deaths of four people in fire at a halfway house last year. Judge Brad Seligman ruled that the state’s immunity laws shielded the city from liability despite criticism that fire inspectors did “too little too late”.

Texas Lieutenant Loses Progressive Discipline Appeal

A Texas lieutenant who was suspended indefinitely for being rude on an emergency run, and who convinced an independent hearing examiner that the penalty violated principles of progressive discipline, has lost his appeal to keep his job. Lt. Fabian Scott Butler of the Big Spring Fire Department was suspended following a run to the Federal Correction Institute at Big Spring.

Judge Dismisses Virginia Beach Cheating Scandal Suit

A lawsuit filed by four Virginia Beach firefighters over a promotional cheating scandal has been dismissed because the judge claims the court lacked the jurisdiction to hear the case. The firefighters filed the suit in March after it was confirmed that at least two firefighters were given advanced information about what would be on the tactical portion of the exam

London Chiefs Under Investigation For Shelter In Place Decision

Today’s burning question: Could London’s fire chief and other senior fire officials be prosecuted over their decision to advise residents of the Grenfell Tower to shelter-in-place? Answer: According to the Telegraph, police officials are investigating whether senior fire officials should be charged in regards to their role in the deaths of residents in Grenfell Tower high rise fire. Seventy-two people died in the fire that engulfed the 23-story building on June 14, 2017.

Suit By Boston Fire Captain Raises Fireman’s Rule Question

A Boston fire captain who was injured at a fatal fire in 2016, has filed suit against the building owner, raising questions about the Fireman's Rule. Kevin Garry was injured while operating at a fire in a building that housed the dental office of Dr. Walter Holman.

Selectmen Order Maine Fire Department To Stand Down

A Maine fire department has been ordered to “stand down until further notice” as town officials scramble to address outdated turnout gear. The Town of Limington’s Board of Selectmen released a statement yesterday stating they recently were informed that the personal protective equipment issued to the town’s volunteer firefighters was more than ten years old

New Haven Firefighters Suing State Association

New Haven Firefighters, International Association of Fire Fighters, Local 825, filed suit yesterday against the state IAFF affiliate, the Uniformed Professional Fire Fighters Association of Connecticut, Inc. in a dispute over a range of issues between the two organizations.

Burning Question: Are you staying or leaving

Today’s burning question: Can a senior officer ask a firefighter his/her intentions on whether they plan to stay or leave the department? Would this qualify as harassment or discrimination? Answer: There is no law that prohibits an officer from asking a firefighter about his/her future plans. There is nothing inherently harassing nor discriminatory in the question itself. However...

Trial Court Renders Split Decision to Kelvin Cochran And Atlanta

The trial judge in the case of former Atlanta Fire Chief Kelvin Cochran handed down her long-awaited ruling this week, and it was a split decision. Chief Cochran was terminated in 2014 after he published a religious-themed book in conjunction with his ministry that many considered to be offensive to the LGBT community.

Retired Chief Arrested For Failing To Move Vehicle At Accident Scene

A retired battalion chief who stopped to render aid to an accident victim and ended up saving her life, was arrested at the scene because he refused to move his vehicle when ordered to do so by a Sergeant from the Georgia State Patrol.

Detroit Terminates Firefighter Who Brought Watermelon to Station

At first I thought this had to be a fake story, but it appears to be true. A probationary firefighter in Detroit was let go because he brought a watermelon with a pink ribbon on it to his new firehouse as a welcome gift.

NJ Appellate Court Rules Volunteers Not Protected By Whistleblower Law

The Appellate Division of the New Jersey Superior Court has ruled that volunteer firefighters are not employees for purposes of protection under the state’s whistleblower law. The case involved a firefighter with the Colts Neck Volunteer Fire Company #2, Jeffrey Sauter, who claimed he was retaliated against.

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