Burning Question

Today’s burning question: What do Tom Brady, the Boston Celtics, Prince Harry and the Brockton Fire Department have in common? Answer: They have all been named in a $40 Billion lawsuit filed by a Massachusetts woman brought to light today by Boston.com.

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Today’s burning question: If someone wants to file a complaint against a firefighter, can we allow that person to remain anonymous? In other words, should we accept anonymous complaints? Answer: That is a question that comes up a lot in my Fire Department Administrative Investigations and Enforcing Discipline class.

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Today’s burning question: Could a medic who fails to obtain an informed refusal from a patient who does not speak English be liable? Could the fire department be held liable for not providing refusal forms in other languages?

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Today’s burning question: I am an active duty military firefighter and have been in the fire service for 8 years. Over the next year I'll be making the transition back to civilian life. I really want to go to law school but I also want to stay a part of the fire service. What would be the best undergraduate major for a fire service attorney that would prepare me to excel in law school? Can I remain in the fire service as an attorney? Where should I start or be at?

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Today’s burning question: My crew was on an EMS run and the patient took a swing at us. Can we hit him back to defend ourselves? Answer: You can defend yourself, yes. If striking the patient is necessary to defend yourself, then yes you can strike the patient without being liable for battery. However, you cannot strike the patient in retaliation for him swinging or striking you, nor can you strike the patient out of frustration… even if he swung first!!!

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Today’s burning question: Are unions required to represent non-dues paying members, even in a right to work state? Answer: The answer does not depend on whether the state is a right to work state. It depends on whether a union has lawfully been designated as the exclusive collective bargaining representative for the employees.

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Today’s burning question: I heard that anyone who acquires an AED has to report it under federal, state and local law. Is that true and if so, to whom do I as fire chief, have to report it to? Answer: As a fire department, chances are we are already complying with the AED reporting requirements, but it certainly wouldn’t hurt to review the law ...

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Today’s burning question: I serve as the photographer for my department. In my station’s first due district we have a gated community. In the event of a response into the development, would the residents have a greater expectation of privacy from photo-taking since the area is gated? Answer: The short answer is the taking of the photos/video is probably legal, but the use of the photos/video is what is more likely to get you into trouble.

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Today’s burning question: Our township provides fire and EMS coverage to an area that includes a city. City officials negotiated a tax incentive agreement with the developers of a new commercial shopping center that significantly reduces the tax burden on the property. Their generosity is now going to reduce our annual assessment on the property from $230,000 to $85,000...

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Today’s burning question: Does a fire department have the right to search a firefighter’s locker, individual sleeping room, or dresser without cause? Answer: It depends. As a governmental agency, a fire department has to respect the 4th Amendment rights of everyone, including its employees. The 4th Amendment prohibits warrantless searches

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Today’s burning question: Back in 2013 I was facing some bogus criminal charges and my fire chief told me he would have to fire me or I could resign. He said if I resigned he would rehire me once the criminal case was wrapped up. The charges were dismissed and now he is refusing to rehire me. Can I sue? Answer: Yes, there are several legal theories upon which you can sue

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Today’s burning question: I am a firefighter and I was seriously hurt while off duty. While recuperating, the city stopped my health care even though I had not exhausted all of my paid sick leave. Can they do that? Answer: According to the US District Court for the Western District of Virginia, they can!

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Today’s burning question: I am a Paramedic and EMS instructor. I just got my annual renewal notice for my malpractice insurance coverage. Do providers really need personal coverage?

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Today’s burning question: Last March when I went out shopping, firefighters were called to my house and broke down my door. Apparently my neighbor called because my wood burning stove created a lot of smoke. The door cost me $2,000 to fix. Can I make the city or the firefighters pay?

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