Awful But Lawful

FDNY Fireworks Detail for Hillary Clinton Prompts Questions

An internal FDNY memo assigning the members of Marine 1 to an election night fireworks detail on the Hudson is creating quite a stir in New York City. The detail is scheduled for November 8, 2016 at 9:30pm, just 30 minutes after the polls close in New York.

FLSA and Per Diem Employees

Today’s burning question: Does the FLSA’s 7k Exemption apply to per diem firefighters? It would seem an employer could load up per diem employees and thereby manipulate hours to avoid overtime liability. Answer: You raise a good point about manipulation, but the FLSA makes no distinction between full-time, part-time, or per diem firefighters.

Trenton Fire Hit for $500K in Retaliation Suit

Former Trenton firefighter Jesse Diaz has been awarded $500,000 in his retaliation lawsuit against the city and several fire officers. Dias alleges that after he reported a white firefighter for using the N-word he became the target of several ranking officers.

Michigan Junk Science Fire Investigators Not Liable for Erroneous Conviction

A man who was convicted of arson for a 1985 fire that killed his wife and daughters, has lost his bid to hold investigators accountable for the years he spent in prison because they used now-discredited myths about arson.

Court Rules Disabled Missouri Firefighter Entitled to Reduced Benefits

A Jasper County Circuit Court has ruled that a disabled Missouri firefighter is entitled to a pension that is only one-third of his pre-injury income. Joplin firefighter Tom Robertson was forced to leave the fire department in January 2011 due to a work-related lung problem.

6th Circuit Rules Against Retired Kentucky Firefighters on COLA Battle

The 6th Circuit has ruled against a retired firefighter and a retired police officer from Lexington, Kentucky who sought to block efforts to reduce their pension COLAs. The case dates back to 2013 when Lexington Mayor Jim Gray sought to address a pension shortfall – not by funding the pension – but by reducing the pensioners’ COLAs.

San Francisco Close to Settling Drunk Driving Ladder Case for $5 Million

The infamous case of the drunk San Francisco firefighter who struck a motorcyclist with a ladder truck and then fled the scene on foot in 2013, is moving toward a final settlement. On June 29, 2013, FF Michael Quinn was driving a ladder truck on a run when he proceeded through a red traffic light and collided with a motorcycle driven by Jack Frazier.

ADA Compliance Overruns for New Fire Station Prompt City To Consider Suit

Today’s burning question: My fire department spent $4 million on a new fire station that fails to meet the latest ADA requirements. Can we sue the contractor for the extra $200,00 in costs to bring it into compliance?

Fireman’s Rule and Recovering for Injuries

Today’s burning question: I am a career firefighter and tore my left MCL on a medical call when a patient kicked me. I am receiving worker's comp, but I was wondering if a firefighter has the ability recover from the responsible party? Answer: A firefighter's ability to recover is going to depend initially on your state’s interpretation of the “Fireman’s Rule”.

Phoenix Fire Marshal Reassigned Following Investigation Into Conflicts Of Interest

Phoenix Fire Marshall Jack Ballentine has been permanently reassigned to the fire department's Homeland Security section following investigations into his involvement with fund raising for the public safety related charity, the 100 Club of Arizona.

Labor and Management Find Common Ground on Liability Protection

Today’s burning question: Is it foreseeable that municipal leaders and their firefighters may one day be able to work toward a common goal rather than fighting over every single issue? Answer: It would appear that long awaited day has arrived in Illinois.

Ohio Firefighters Disciplined Over Christmas Photo

Seventeen Lancaster, Ohio firefighters – one entire shift - have been disciplined over a Christmas themed photo they posed for last fall that was later placed on a billboard. The firefighters were assigned to Crew 3, one of Lancaster’s three shifts.

Illinois Abandons Public Duty Doctrine in Fire Department Case

In a split decision in a case involving a fire department, the Illinois Supreme court has taken the drastic step of abolishing the public duty doctrine in Illinois. The case involved a 911 call for a medical emergency that, for a variety of Murphy’s Law-type reasons, resulted in a 41-minute delay in accessing the patient

DC Chief Acknowledges Mistake on Discipline

Here is a followup on the story from Monday about the DC fire lieutenant who retired and escaped discipline. Lt. Guy Valentine was accused of a delaying his response to the choking death of 18-month-old Martin Cuesta on March 18, 2015. Despite being three blocks from the scene, it took crews nearly 11 minutes to arrive on scene. Lt. Valentine reportedly retired over the holidays as he awaited a trial board on disciplinary charges.

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