Chapter 16 - DISCIPLINE

 

 

RECENT CASES

Article 16-40 (June 13, 2018)

Link: FL - Two dispatchers fired; structure fire, did not alert fire or police of "high hazard" location, police officer killed by resident

 

Article 16-39 (April 17, 2018)

Link: TX - Houston Captain on light duty suspended for not turning in doctor's note - reversed since FD did not impose within 180 days

 

Article 16-38 (March 23, 2018)

Link: TN - FF claimed was fired in retaliation for safety complaint - fired for making sexually harassing phone calls, other reasons

 

Article 16-36 (Feb. 21, 2018) [also filed, Chap. 6 - Employment Litigation]

Link: RI - FF disability for shoulder injury - videotaped weight lifting - benefits terminated

 

Article 16-35 (Jan. 25, 2018)

Link: WA - Captain fire for repeatedly posting e-mails on religion - no FD policy on written communications - lawsuit reinstated

 

Article 16-34  (Jan. 17, 2018)

Link: IN - State Board revokes certificates of Deputy Chief - learns of prior conv. of child exploitation / porn - was one day late filing admin record

 

Article 16-33  (Jan. 11, 2018)

Link: IL - Social Media posts by Deputy Fire Chief - fired - lawsuit dismissed, not protected by First Amendment

 

Article 16-32 (Feb. 9, 2018) [also filed, Chap. 14, Physical Fitness]

Link: OH - Dayton FD recruit injured knee - demoted back to EMT-B, on light duty

 

Article 16-31 (Dec. 22, 2017)

Link: IL - Fired Lt. / Paramedic who shared EMS exam answers with two others - reinstated by Arbitrator, never given pre-disciplinary conference to give his explanation [also filed, Chap. 17]

 

Article 16-30 (Dec. 21, 2017)

Link: OH - "Mobile active shooter" - 100 PD in chase - 4 Cleveland Police Sergeants suspensions set aside by arbitrstor  [also filed, Chap. 17]

 

 

Article 16-29 (Oct. 30, 2017)

Link: OK - FF who is in Marines / Reserve - terminated for domestic violence on son, not because of Military call ups

 

Article 16-28 (Oct. 26, 2017)

Link: OH - Two FF not selected SWAT Team; complaint letter to Fire Chief had false info, both disciplined

 

Article 16-27  (Oct. 24, 2017)

Link: MI - State Patrol Officer under invest. theft - felt complelled to answer questions, without immunity - statements inadmissible criminal case

 

Article 16-26  (June 30, 2017)

Link: Fire Chief Did Not Provide "Loudermill" Meeting Before Firing FF - Lawsuit May Proceed

 

Article 16-25 (June 5, 2017)

Link:  OH - FF CONV. SEX. CONDUCT MINOR - GARRITY WARNINGS NOT REQ. MEETING WITH MINOR’S FATHER & FF

 

Article 16-24 (May 16, 2017)

Link: MA - FF still entitled to workers comp - suspended and indicted for theft of drug from ambulance [also filed - Chap. 12]

 

Article 16-23  (April 24, 2017)

Link:  NY - First Amend. Free Speech Protection, Not Apply To PD Official Reports  

 

 

Article 16-22  (Jan. 25, 2017)

Link: MA - FD fired Union President for theft of union funds

 

Article 16-21  (Dec. 6, 2016)

Link: TX - Former Houston FF was prosecuted for threats to kill Captain, other FF after his ambulance driving privileges were revoked - no driver's license

 

Article 16-20  (Nov. 10, 2016)

Link: CA - Calif. Highway Patrol investigators improperly ordered officer to give them his personal cell phone in internal investigation

 

Article 16-19  (Sept. 21, 2016)

Link: WA - Captain fired after refusing to obey orders to stop using FD e-mails for religious messages  [also filed, Chap. 6]

 

Article 16-18  (Aug. 19, 2016)

Link: OH - Letter to Fire Chief / HR  - alleging bias in selection members of SWAT Team - discipline upheld, limited First Amend. rights  [also filed, Chap. 6]

 

Article 16-17 (May 13, 2016)

Link: CA - Sexual e-mails to 16 year-old-girl after fire station tour; termination - case remanded to Admin. Law Judge, under CA FF Bill of Rights  [also filed, Chap. 7]

 

Article 16-16 (Aug. 21, 2015)

Link: OH - 6th Circuit uphold termination of two part-time FF with Village of Lincoln Heights - Did Not Obtain EMT-B Certifications  [also filed in Chap. 6]

 

 

Article 16-15 (June 15, 2015)

Link: OH - Fire Chief resigned; cannot sue when Trustees later released police investigation report - Ohio Public Record

 

Article 16-14   (May 5, 2015)

Link:  PA - State Supreme Court to hear appeal of IAFF Union President - he was disciplined for sending "Two Hatter" letter to career FF to not respond as volunteers into Fire District that may be laying off FF

 

Article 16-13  (April 28, 2015)

Link:  OH - State Fire Marshall was fired, plead gulty - sold police and fire uniforms off-duty - he cannot sue the whistleblower, Police Chief has qualified immunity

 

Article 16-12  (April 23, 2015)

Link:  IL - Firefighter off-duty failed to report fight in bar between off duty FF and off-duty PD - properly suspended

 

Article 16-11 (Dec. 4, 2014)

Link:  MN - Vol. Fire Chief plead guilty 9 arson; sentenced 5 years Fed. prison

 

Article 16-10 (Feb. 17, 2014)

Link:  IL - FF / Paramedic Denied Promotion To Lt. - Misconduct On EMS Runs, Other Duties

 

Article 16-9 (Dec. 30, 2013)

Link:  LA - Volunteer FF terminated - FF "Bill of Rights" applies only to FF on full time, paid FDs

 

Article 16-8 (Nov. 2013)

Link: OH - Police officer's 5-day suspension set aside - Police Chief did not hold pre-disciplinary hearing per PD Policy Manual

 

Article 16-7 (July 3, 2013)

Link: MI - Public Employees Working In State Court Were Covered By CBA And Entitled To Laudermill Hearing Before Termination Decision

 

Article 16-6 (May 29, 2013)

Link: OH - OIG Investigation of 5 Managers of Ohio Div. of Wildlife - Indicted Obstruction of Justice - 5th Amend. rights viol. under Garrity

 

Article 16-5 (March 29, 2013)

Link:  NC - Progressive Discipline - FD Kept Detailed Personnel Records - Termination Of FF Upheld Despite His Complaints About Safety As Union President

 

Article 16-4 (Dec. 21, 2012)

Link: MA - Termination Upheld - On Sick Leave But Working Off-Duty

 

Article 16-3  (Dec. 20, 2012)

Link:  OHIO - FIRE CHIEF DEMOTED, COURT ORDERS HIM TO BE CAPTAIN

 

 

Article 16-2  (July 25, 2012)

Link:  OHIO:  FALLBACK RIGHTS - OHIO SUPREME COURT HOLDS THAT STATE EMPLOYEE IN UNLASSIFIED POSITION CANNOT BE FIRED AT WILL - HAS RIGHT TO RETURN TO CLASSIFIED POSITION

 

Article 16-1 (Jan. 9, 2012)

Link: GEORGIA - CAPTAIN FIRED AFTER CREW FAILED TO LOCATE HOUSE WHERE WOMAN DIED IN STRUCTURE FIRE - REINSTATED

 

NEWSLETTER IS NOT PROVIDING LEGAL ADVICE;

Posted by UC solely as information and for the benefit of students.

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