NJ Court Upholds Removal of Firefighter From Promotional List

The Appellate Division of New Jersey Superior Court has upheld a decision to remove a firefighter from a promotional list based on his poor disciplinary record. John Shaw sought to challenge his removal from the promotional list for lieutenant in the Belleville Fire Department, claiming it was politically based due to his record as a Democrat conflicting with the Republican-leaning administration.

Terminated Florida Firefighter Alleges Disability Discrimination

A Florida firefighter-paramedic who was terminated after a cardiac related event in 2023, has filed suit alleging wrongful termination and disability discrimination. Michael Samuels filed suit today in US District Court for the Southern District of Florida against the Key Largo Volunteer Fire Department.

Fire Law Roundup for April 1, 2024

In this episode of Fire Law Roundup for April 1,2024, despite some initial April foolery, Brad and Curt discuss a $535k settlement of a California sexual discrimination suit; a ruling in a Nashville age and gender discrimination suit; more on ...

California Fire District Settles Gender Discrimination Suit With Volunteer for $535K

The Graton Fire Protection District has agreed to settle the gender discrimination claims of a former female firefighter for $535,000. Sapphire Alvarez filed suit claiming she was passed over for promotion, ostracized by her colleagues and unfairly targeted for discipline.

Nashville Suit Headed Toward Trial

A lawsuit filed by a deputy fire marshal with the Nashville Fire Department claiming that she was passed over for promotion to fire marshal on account of her gender and age, and then retaliated against when she complained, has survived the city’s motion for summary judgment.

OSHA Extends Deadline to Comment on New Fire Service Regulation

For those who have been following the proposed updated to 1910.156 that will be impacting the fire service when implemented, OSHA has announced that the deadline for submitting comments has been extended to JUNE 21, 2024. The previous deadline for submitting comments was May 6, 2024.

Georgia Federal Court Denies Request to Remand Whistleblower Case

The US District Court for the Southern District of Georgia has refused to remand a former division chief’s whistleblower lawsuit back to state court. EMS Division Chief Summer Patterson filed suit against Bryan County Fire & Emergency Services and Fire Chief Freddy Howell claiming she was retaliated against and forced to resign after voicing her objection to the chief’s disciplinary decision making.

NY Chief Challenges Removal

The fire chief of the Wading River Fire District who was removed by the district’s Board of Fire Commissioners last November, has filed suit alleging a violation of his statutory and constitutional due process rights. Fire Chief Kevin Berg was initially suspended and then removed as fire chief, all without notice of the reason for these actions, or an opportunity to respond.

Family Of Man Struck By Chief’s Vehicle Sues

The family of a man who was run over and dragged by a Georgia battalion chief at the scene of a shooting is suing the city for their emotional harm. Germayne Farrell was shot and killed in a shootout between rival motorcycle clubs, the Outcasts and Thug Riders.

Fire Law Roundup for March 25, 2024

In this episode of Fire Law Roundup for March 25, 2024, Brad and Curt discuss criminal charges brought against an Illinois firefighter for stealing drugs and breaking into a car at a firehouse; a ruling in a lawsuit brought by ...

Illinois Firefighter Facing Drug and Theft Charges

An Illinois firefighter who broke into a vehicle at one Naperville Fire Department station, and stole drugs from the fire department’s prescription drug drop-box at a different station, has been arrested and formally charged with several offenses. Zachary Volland, 34, has been charged with burglary of a vehicle, theft, possession of a controlled substance, and official misconduct.

Court Refuses to Dismiss Due Process Demotion Case

A Wisconsin fire captain who was demoted in 2021 when the city reorganized its promotional process, got a mixed decision in his federal court lawsuit. Richard Haffner claims that Fire Chief Joshua Bell, the City of New Richmond, and the City’s Police and Fire Commission violated his due process rights by removing him as a captain without cause or a hearing.

UK Parliament Questions Fire Service Leader on Institutional Racism Claim

As have many fire departments in the UK and Canada recently, the Dorset and Wiltshire Fire and Rescue Authority has been in the news relative to allegations of institutional racism and sexism. However, when questioned by Lee Anderson, a member of parliament, the chair of the Authority, Rebecca Knox, was unable to answer some relatively simple questions about the decision to label her organization “institutionally racist.”

Non-Renewal of Fire Chief’s Contract Prompts ULP Complaint

The decision not to renew a fire chief’s contract has prompted a Massachusetts firefighter local to file an unfair labor practice complaint against the town. For those who are not familiar with labor relations, this is not a very common occurrence.

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