Jury Awards $10.6 Million to NY Firefighter

Yesterday a jury in New York awarded a severely injured firefighter $10.6 million in damages against Scott Technologies, and agreed to reconvene today to consider an award of punitive damages. However, in a settlement announced this afternoon, the parties agreed ...

Chief Cochran Sues Atlanta and Mayor Reed

The expected lawsuit by former Atlanta Fire Chief Kelvin Cochran against the city has been filed alleging wrongful termination, religious discrimination and violation of his First Amendment rights. Atlanta Mayor Kasim Reed fired Chief Cochran in January after he refused the mayor’s request to resign.

Canadian Chief Guilt of Sexually Assaulting Subordinates

A Canadian fire chief has been convicted of sexual assaulting three of his subordinates in the fire station. Robert Bennett, who was the fire chief of the Fort St. James Fire Department in British Columbia, was found guilty of three counts of sexual assault in the BC Supreme Court. He is to be sentenced next week.

County Dispatch Center Sued Over Fire Death

A fatal fire in Madison, Wisconsin in 2013 has prompted a wrongful death lawsuit against a county dispatch center that allegedly took nearly four minutes to dispatch the call. The family of Chris Williams filed suit last week claiming that Dane County and its 911 center bear responsibility for his death on October 16, 2013.

Right to Work and Duty to Represent

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.

Headlines Versus Reality: A Tale of Two Cities

A veteran FDNY Firefighter has been terminated and the headlines claim it is because he was wearing a shirt that was offensive to minority firefighters. What is the truth behind that headline, and why do so many of us stop with the headline?

NY Firefighter Settles Age Discrimination Suit for $250,000

A 46-year-old New York volunteer firefighter who was passed over for a paid position in his own department has agreed to accept $250,000 to settle his age discrimination lawsuit. David Hecht applied for a paid position with the Fairview Fire District in 2012

AED Reporting Requirements and Fire Departments

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 ...

Maine Fire Department Sued For Letting Building Burn Down

A business owner in Maine has filed suit against a fire department alleging that it intentionally allowed his business to burn down… And if this sounds like the story you read last week – IT’s NOT!!!! Cecil A. Fogg filed suit against the Town of Owls Head, the Owls Head Volunteer Fire Department, and Fire Chief Frank Ross claiming the chief harbored a two-decades old grudge against him.

Texas Firefighter Twice Fired Goes On The Offensive

A Texas firefighter who was fired twice and reinstated both times is suing his fire chief and the department for discrimination and violation of his due process rights. Robert Vargus was fired by the McAllen Fire Department in 2011 following an apparatus backing mishap in 2010 that was not properly reported. Vargus, who was neither driving nor in-charge, was reinstated...

Philly Union Responds to Sex Scandal Allegations

The sex scandal in Philadelphia took a strange twist Friday with IAFF Local 22 going on the offensive claiming the department forced the alleged victim to file a complaint. Union President Joseph Schulle criticized the city for releasing a heavily redacted version of an investigative report and suggested that the release of the full report would show flaws on the fire department’s part.

Fire Law Podcast: DC Battalion Chief’s Demotion Reversed

In this podcast District of Columbia Battalion Chief Richard Sterne explains the circumstances surrounding his demotion by Fire Chief Kenneth Ellerbe for not finding two officers guilty of charges at a disciplinary hearing. Curt Varone and DC Attorney Jim Pressler review the facts, the law and the politics behind the scene in the Nation’s Capitol.

Fire Victims Seek $1.86 Million from Fire Department

The owners of a landmark Maine restaurant that was destroyed by fire in December 2013, have filed suit against the fire department and ten individual firefighters claiming they either purposefully or negligently allowed the building to burn.

Paterson Approves $350k Settlement in Reverse Discrimination Suit

A captain in the Paterson, New Jersey Fire Department who was passed over for promotion to battalion chief in 2010 because of his race, has been given a $350,000 settlement. Joseph Parkin claims that at 11:30 am on September 10th, 2010 he was told he was going to be promoted to battalion chief later that day at 5:00 p.m.

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Curt Varone has over 41 years of fire service experience and 29 as a practicing attorney licensed in both Rhode Island and Maine. His background includes 29 years as a career firefighter in Providence (retiring as a Deputy Assistant Chief), as well as volunteer and paid on call experience. He is the author of two books: Legal Considerations for Fire and Emergency Services, (2006, 2nd ed. 2011, 3rd ed. 2014) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.

Midtown Blogger/Manhattan Valley Follies

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Saturday, February 21, 2015

First Arriving