Fire Law Roundup for February 27, 2023

In this episode of Fire Law Roundup for February 27, 2023, Brad and Curt discuss a California decision holding that  fire departments are not crime victims when an arson occurs, and thus a court cannot order the arsonist to pay ...

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Parents Sue NY State Over Training Academy Death

The parents of a firefighter who died while training at the New York State Academy of Fire Science, have filed suit alleging negligence and recklessness. Peyton L.S. Morse, a recruit with the Watertown Fire Department, died after suffering a medical emergency while in engaged in a training evolution.

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California Court Rules FD Not A Crime Victim of Arsonist

The California Court of Appeals has ruled that a criminal convicted of setting a wildland fire cannot be required to pay restitution to responding fire departments as part of his sentence, because the fire departments are not the victims of the crime. The case involved Jorge Flores, who was convicted last year of setting a wildland fire in Ventura County in 2021.

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Georgia Chief on Leave as County Investigates Hiring

A Georgia fire chief has been placed on administrative leave pending an investigation into the hiring of a firefighter who was facing felony theft charges in Alabama. Fire Chief Roderick Jolivette is on leave from the Douglas County Fire/EMS as the county looks into the hiring of Daymetrie Williams.

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Bellingham WA Settles Suit With Firefighter’s Widow

The widow of a Bellingham firefighter has agreed to settle her lawsuit against the city for $750,000. Sheila Hanlon filed suit in 2021 claiming that the cancer death of her husband, Neil Carlberg, was work-related and qualifying for line-on-duty death benefits even though he was retired.

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Fire Law Roundup for February 20, 2023

In this episode of Fire Law Roundup for February 20, 2023, Bill Maccarone and Curt discuss a race discrimination suit brought by a battalion chief in Sacramento, California; the dismissal of a suit brought by a battalion chief in Florida ...

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Court Upholds Dismissal of Florida Battalion Chief

The dismissal of a Florida battalion chief has been upheld by a US District Court. BC William Valencia claims he was terminated by the Haines City Fire Department in retaliation for having sought workers comp for an injury, and that he was the victim of disability discrimination.

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FLSA Headlines from East and West, Big and Small

Two FLSA-related cases are in the Fire Law news, one involving a small volunteer fire department in North Carolina, the other involving one of the nation’s largest fire departments: the Los Angeles City Fire Department. My colleague Bill Maccarone covered the LAFD case in his blog, so I would direct my readers to FirefighterOvertime.org, for more on that case.

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Burning Question: Part-Time Fire Chiefs and Compensation

Today’s burning question: I am a town manager and we have a small volunteer fire department with a part-time paid fire chief. The chief receives a stipend and is expected to put in 20 hours a week. Can he qualify as an exempt executive like our police chief, even though he is a part-time employee?

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Fire Law Roundup for February 13, 2023

In this episode of Fire Law Roundup for February 13, 2023, Brad and Curt discuss a jury verdict holding the Perth Amboy Fire Department (NJ) liable for a series of sexual assaults perpetrated thirty years ago by a firefighter on ...

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NJ City and Fire Department Liable for Child Sex Assault 30 Years Ago

A New Jersey jury has found the City of Perth Amboy and the Perth Amboy Fire Department liable for a series of sexual assaults perpetrated thirty years ago by a firefighter on a 12-year-old boy. The firefighter, Hugo Fleites, was sentenced to ten years in prison after pleading guilty to aggravated sexual assault in 2019.

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