Professional DON`T FORGET TO VOTE

Professional
Firefighter
Official Publication of the Florida Professional Firefighters
October - November - December 2004
DON’T FORGET TO VOTE
Florida's Firefighters and Paramedics will be
making an extremely important decision on
Election Day, Tuesday, November 2nd.
We, along with approximately 5 million other
voters in the State of Florida, will go to the polls
and select leaders both for America, and the
State of Florida.
The FPF encourages each of our members,
and their families and friends, to BE SURE TO
VOTE ON TUESDAY, NOVEMBER 2ND.
The FPF's leadership has reviewed the various candidates' records and positions on our
issues, and recommends you vote for those listed in this issue of the Professional Firefighter.
I realize not every member of the FPF votes
or supports someone for office just because their
union leadership recommends them. However,
this election on Tuesday, November 2nd, will be
the most important one in recent years, and it's
important you consider these names.
These candidates have stated their strong
support for your issues. Stand up for them,
because they have stood up for you.
Respectfully,
Bob Carver
President/CEO
2 2004
In This Issue
Statewide Endorsements
2
Legislative Report
3
Reports from the FPF Districts
4
MDA
9
Legal Corner
11
News from the State of Florida
15
IRS News for Florida
17
STATEWIDE RACES
President and Vice President of the United States
John Kerry/John Edwards
Senators John Kerry and John Edwards have
supported us 100% of the time while in the U.S. Congress.
The FPF joins with the IAFF and wholeheartedly
recommends Kerry/Edwards.
United States Senate
Betty Castor
The FPF strongly endorses Betty Castor for U.S. Senate
because she shares our vision for a safe and strong
America. She understands that Florida’s First Responders
must be a top priority for our elected officials. Betty Castor
was a 100% Friend while serving in the Florida Senate and
as Commissioner of Education, and will be again
in Washington, DC.
Page 2
LEGISLATIVE REPORT
Submitted by Randy Touchton
FPF Governmental Relations Representative
2004 Elections/FPF Endorsements
All members of the FPF should now have in their
possession a complete list of endorsed candidates
for the General Election, which will occur on
November 2nd.
A great deal of work has gone into providing this
resource, and we hope that you, your families, and
friends will use it as you go to the polls to vote. The
candidates listed have been identified as friends of
the fire and emergency medical service, and accordingly, have earned our support. The list has been
compiled through input of the 11 FPF District Vice
Presidents, the Fire Councils, and individual Locals.
Please go to the polls on November 2nd and cast
your vote for these candidates. It is through their
successful election that our strength at the federal,
state, and local levels of government will continue to
grow.
If you should have questions, please feel free to
contact me at the FPF HQ's.
The week of February 7th
The week of February 14th
The week of February 21st
Randy Touchton
On the Democratic Leadership front, Senator Les
Miller and Representative Chris Miller will assume
the Democratic Leader role in their respective bodies. Their official designation will likewise occur at
the Organizational Legislative Session.
There has likewise been discussion of holding a
Special Legislative Session sometime in December,
for the purposes of re-considering the PreKindergarten legislation, which was vetoed by the
Governor, and hurricane related issues. As of this
writing, the sole funding responsibility of the State of
Florida has been reported at $640 million; this figure
however, does not include the additional damage
caused by Hurricane Jeanne.
The 2005 Regular Legislative Session is scheduled to convene on March 8th and conclude on May
6th.
Post Election/Legislature Transition
Meetings with Speaker Designate
Bense & President Designate Lee
The elections will soon be history, and upon that
conclusion, things will significantly accelerate with
the transition of new administrations in both the
Senate and the House. The respective leaders
(President and Speaker) of both legislative branches
will officially and formally be elected at the
Legislative Organizational Session scheduled for
November 15th.
On that day, Senate Designate Tom Lee will
become Senate President and House Speaker
Designate Allan Bense will become Speaker. It is
already quite evident, that these two leaders are
working closely in an effort to eliminate the unfortunate hostility, which has existed the past two years.
One indicator of this, is the joint posting by both
leaders of proposed interim committee meetings listed below:
The week of November 29th
The week of December 13th
The week of January 10th
The week of January 24th
President Carver and I had the pleasure of meeting with the incoming Speaker of the House Allan
Bense on September 28th. The meeting provided an
opportunity to discuss upcoming elections, as well
as, our legislative agenda for the 2005 Legislative
Session.
Speaker Designate Bense has always expressed
a sincere appreciation for the work done by the
members of our association. It is this effort, and the
strong support for the House members who make up
his team, that have assured his accession to the top.
We also had the pleasure of meeting with Senate
President Designate Tom Lee on October 5th. This
meeting likewise provided an opportunity to talk
about Senate races, his administration's priorities for
the next two years, and the FPF's legislative agenda
for 2005.
We look forward to a great working relationship
with both of these legislative leaders.
Page 3
REPORTS FROM THE
FPF DISTRICTS
Report from the 2nd District
Submitted by: Mike Moore, FPF 2nd District Vice President
Counties: Pasco and Pinellas
POLITICS - POLITICS - POLITICS
Well, here we are again, right in the heart of it all.
Each and every year, we see the importance of being
politically active more important than it was the year
before. Now, I have to be honest with you, and tell
you that when I first became active in my Local, I
hated politics, and the people that were involved in
politics. But, I attended City Council meetings, and
watched how the members that we supported voted,
as opposed to how those that we had not supported
treated us, and even I could see that politics were
important. Over the years, I have been involved in
screening processes, I have worked in phone rooms,
I have put together what seems like a million signs,
and I have put twice that many in the ground. I have
stood outside of grocery stores passing out candidate fliers, as well as standing on the corner waving
a sign for our candidates. It is amazing how many
people wave back at you when you are on a corner
waving a sign. Some of them wave with their whole
hand, and some folks just wave with one finger. I
have also attended some pretty good election night
parties. For those of you that have never been to
one of those parties, that is when the candidate
takes all his or her left over money and buys food
and beverages for the wonderful people that have
worked in his or her campaign. Usually a good time,
especially if your candidate wins the election.
This year was no different. On July 19th and
20th, we screened between 20 and 30 candidates for
a variety of races in Pinellas County and State House
and Senate seats. Luckily, some of our incumbents
ran unopposed so that helped in the number of
screenings we needed to do. We screened some
Judges, we screened for the Clerk of the Court, and
of course, County Commission. We are involved in
Page 4
three County Commission races. Of the three, one is
an incumbent and the other two are newcomers to
the political arena. We believe
we can get them elected with
the right support and a lot of
hard work. At the state level,
we have only one race on the
Senate side that is contested.
That would be District 11, and
we are confident that Senator
Fasano will prevail. On the
House side, there are three
Mike Moore
races. District 45
Representative, Tom Anderson, is being challenged
by Kevin Jensen, and we have endorsed Kevin
Jensen. Kevin is a former employee of the Palm
Harbor Fire Department, and ran against Mr.
Anderson two years ago. The other two seats are
District 51 (Leslie Waters) and District 52 (Frank
Farkas) - both have proven to be good friends over
the years, and continue to receive our support.
In Pasco County, we have supported a candidate
named John Legg, who is running for a seat vacated
by Heather Fiorentino in House District 46. John is a
former aide of Heather's, and he knows the system
well. We believe he will be just as supportive for us
in Tallahassee as Heather was. The brothers and
sisters in Pasco County are ready to help John in
any way they can.
That pretty much brings you up to date on the
second District politics. I hope this issue of the
newsletter finds everyone safe from the effects of the
hurricanes. We have had a pretty unusual season,
and personally, I'm ready for it to be over.
Stay safe, work hard, and get as involved in politics as you can without losing your mind!
Report from the 3rd District
Submitted by: Bob Saunders, FPF 3rd District Vice President
Counties: Lake, Orange, Osceola, Seminole, and Volusia
Hope everybody and their families have made out
over the past several months with the hurricanes. I
know several brothers and sisters who needed help
after the storms, and I'm proud to say the firefighter
family was there to take care of them. I would like to
thank the members who took time out of their busy
schedule to help out our own.
If I never see another "Blue Tarp" it will be fine
with me. I think I can open my own roofing company
after the many roofs we have covered. And keep
those chain saws away while you're at it!
Along with the hurricanes hitting three different
times, we still have managed to continue to run
things in the 3rd. The politics have been hot and
heavy with several key races going down to the wire.
The hurricanes have made the signs go up and
down three different times. Thanks to all who have
worked putting the signs up and down all three
times. The only good thing was we blamed the hurricanes for the opponent's signs mysteriously getting
knocked down. Just can't seem to figure out how to
blame the storms for the signs ending up in pieces.
Osceola County Professional Firefighters, Local
3284, had another great turn out for the annual
Mickel/Beggs Golf Tournament. They have this
event for our two Brothers who paid the ultimate sacrifice in a training fire. All proceeds go to the families
of John and Dallas. The FPF once again donated
$500 to this great event. Thanks guys for the hard
work putting on the event.
We had a great turnout at our impasse' hearing in
front of the St. Cloud City Council. We got a few articles passed, but of course, we did not get everything
we wanted. The Kissimmee and Osceola
Firefighters came out to support our Brothers and
Sisters in St. Cloud, and we appreciate their time
supporting our contract.
We are still negotiating in Kissimmee, Reedy
Creek Inspectors, and Ponce Inlet. A big thanks to
Gary Sedacca for his help in Ponce Inlet. Hopefully,
by the next newsletter, we'll have good news to bring
you on the contracts.
I attended the funeral of our Brother in Polk
County, who lost his life in a vehicle accident while
riding in the back of their Rescue truck, then went to
Orange County for Brother Bill Shapiro's funeral who
tragically lost his life of an apparent heart attack.
Hopefully that's the last of the firefighter funerals.
One again, I'm glad to report the 3rd District is
expanding again. The Deland Professional
Firefighters are going though
the PERC process, and hopefully will be ready to negotiate
soon. We have also signed
up the Orlando International
Airport Firefighters, and are
currently going though the
process with them. Welcome
to both our new Locals for
joining the Union family, and
Bob Saunders
of course, the 3rd District of
the Florida Professional Firefighters. Congratulations
goes out to the Clermont Firefighters for their recent
PERC vote overwhelming in favor of Union
Representation. Now the fun starts -- get ready to
roll your sleeves up and start negotiating.
Hope the politics fall the right way, and all our
candidates are victorious in November. Remember
to get out and vote for your candidate, and stay
involved with your Union. You can make a difference!
PRESS ON!
HAPPY
HALLOWEEN
Page 5
Report from the 5th District
Submitted by: Mike Brown, FPF 5th District Vice President
County: Broward
Greetings from the Fifth District,
I'd like to take this opportunity to thank the professional firefighters and paramedics for their support
over the last eight years in representing you as the
Fifth District Vice President of the Florida
Professional Firefighters. I believe that I have served
you well, and that I am postured to move ahead with
the political connections and understanding of the
legislative process that can bring success to firefighters and paramedics both in Broward County and
throughout the State of Florida. This has not, and
will not, be done alone. It requires teamwork and
coordination with the leadership of each Local and
the legislative team in Tallahassee. The Broward
Legislative Delegation is the heart and soul of the
Democratic Party in the State Legislature. We must
continue to provide them the resources that will
enable them to pass meaningful legislation to protect
and enhance the future of working men and women.
I've always been willing to stand up for what is important and right for professional firefighters and paramedics, even when it wasn't the politically convenient
avenue. While this has not always been popular
within the state organization, or in the halls of the
capitol, I feel that it's imperative that union leaders be
consistent and true to their convictions. I'd expect
that from you, and I'm sure that you expect it from
me.
Since the last report, there have been some
changes in the delivery of Fire-Rescue Services within Broward County. A contract between the members
of Local 4321 and The Broward Sheriff’s Office has
been ratified, and the implementation of this agreement, though difficult, has changed the landscape
with respect to Fire-Rescue Services in Broward
County. Local 4321 currently represents - Broward
County Fire-Rescue, The Airport and Seaport, and
the Cities of Cooper City, Lauderdale by the Sea,
and Weston. Approximately two years ago, the
County Commission provided funding and a implementation plan to enhance county-wide communications, create specialized operation teams, and provide funding for a number of capital improvements
throughout Broward County. These changes provided an enhanced level of job security for the members
Page 6
of Local 4321, and ultimately created a less contentious atmosphere with respect to the provision of
fire and rescue services countywide.
Fort Lauderdale Firefighters, Local 765, recently
ratified a three year agreement. They have been
involved with some of the most difficult negotiations
I've seen in recent times. Through the leadership of
President Kemp, and their Executive Board, they
successfully protected a very good contract and
made incremental improvements over the next three
years. I'm convinced that they've given more sweat
and blood while negotiating the past two contracts
then they had on contracts in the past that were
much more lucrative. Protecting pay, benefits, and
working conditions is as important, and probably
more difficult, than negotiating new benefits. There
are always two deciding factors that come into play
when negotiations take place; politics and finances.
Our brothers and sisters from the Hollywood
Firefighters, Local 1375, have also had to deal with a
few unexpected bends in the road. Again, President
Chard and their Executive Board were successful in
ratifying a collective bargaining agreement that protected and enhanced a very solid contract. Their initial problems stemmed from an uncooperative, inexperienced City Administration who has attempted to
flex their muscles at the expense of the Firefighters.
President Chard has cultivated, and maintained, a
very good political base, and these elected officials
understand and appreciate the sacrifices made by
firefighter/paramedics within the City of Hollywood.
Ultimately, the firefighters prevailed because they
were on the right side of the issue, the side that continues to provide an extremely
high level of service to the residents of Hollywood.
In Pembroke Pines, our
brothers and sisters of Local
2292 have been very involved
in the political campaigns of the
Mayor and City Commission.
President Napolitano, and the
past Vice President, Rich Moss,
Mike Brown
provided the leadership and
were successful in motivating their membership to
actively participate in the political process. Their successes are derived from solid politics, pro-active
negotiations, and a healthy tax base. They recently
negotiated a fair and equitable pension benefit for
their members that, while maintaining a very healthy
plan, provided increased security for the members
and their families. Congratulations!
In conclusion, Metro-Broward Professional
Firefighters, Local 3080, has also been very successful in negotiating for those that they represent. Tom
Dibernardo took over as president in January, 2004,
and has done an incredible job. Brother Scott
Brackney has been elected Secretary-Treasurer, and
with his expertise in business, Local 3080 has made
huge strides in a short time. The local has also renovated their Union Hall, and invites all their brothers
and sisters in the fire service to utilize the hall.
I'd like this opportunity to thank all the union officials, and union members who worked tirelessly during the primaries, especially Council President, Joe
Benavides. Over 90% of our endorsed candidates
were elected. We are going into the 2005 Legislative
Session with several very important pieces of legislation. There are several enhancements being worked
on that would improve the Chapter 175 Pension
Plans in addition to those we are attempting to
enhance: Florida Retirement System by calculating
a reduction from the last five years to the last three
years of service, as a period of time utilized to determine pension benefits (3 Year AFC); Provide a savings to paramedics who are attempting to purchase
prior service time at 3% instead of 1.6%. In addition,
a piece of legislation that could have local impact
would allow municipalities that, by inter-local agreement provide fire protection in another municipality,
the ability to receive the 175 premium tax from the
city receiving the coverage. As usual, it is imperative
that union leaders continue to work toward improving
and protecting the fire service and the membership
that we have been elected to serve.
Report from the 6th District
Submitted by: Tom Gabriel, FPF 6th District Vice President
Counties: Miami-DDade and Monroe
By now, all firefighters have heard the reasons
why firefighter organizations have endorsed Senator
John Kerry for President of the United States. We
have heard how bad President George W. Bush has
treated firefighters and their
programs from his beginning
days as the Texas Governor
right up to this year's presidential budget proposal in
which he tried to eliminate
and reduce funding for our
programs. We have also
heard how Senator Kerry has
always been with professionTom Gabriel
al firefighters and their programs.
We have heard the reasons directly from our
respected leaders such as International Association
of Fire Fighters' General President Harold
Schaitberger, International Association of Fire
Fighters' District Vice President Dominick Barbera,
and Florida Professional Firefighters' President Bob
Carver. Each of these leaders has a history of sup-
porting candidates that support firefighters regardless
of their party affiliation. The slogan is simple, "support those that support you".
The truth is that President Bush has not supported firefighters, and therefore, we, as an organization
that is dedicated to our members’ health, safety and
economic welfare cannot, and should not, endorse
him for re-election. It really is that simple when it
comes down to it. But there are still others that
believe our organization should take up their pet
causes when we do the endorsement process.
Whether it is pro or anti abortion, gun control, marriage, etc., these advocates believe that the
International Association of Fire Fighters’ organizations should consider their personal views above
those of firefighters, and that is flat wrong.
And, as far as the term, "Firefighters for Bush," I
find it an interesting combination. It is sort of like the
terms "pro-lifer for abortions" or "NRA for gun control", or in the simplest term, "Florida Gators for the
Miami Hurricanes"! The two parts just don't belong
together. They may be firefighters, and they may be
voting for Bush, but one has nothing to do with the
Page 7
other. Not unless these firefighters are advocating
for riding trucks with less staffing, riding with less
safety equipment, less overtime, no guaranteed
retirement income, privatized Fire and EMS services,
higher health insurance premiums, fewer regulations
on hazardous materials, and even less pay due to
less taxes, etc. So far, I have not met any firefighters
in the station that are advocating these cut backs.
But, that is exactly what the firefighters will be getting
if George W. Bush has his way.
So many times during this campaign, and other
campaigns, I have said that each person has the
right to vote for whom they want based on any number of their personal beliefs and other factors. Our
International Association of Fire Fighters General
President Harold Schaitberger has made it abundantly clear that he feels the same way. But, firefighters
should not go around touting their professional name
to advocate someone like George W. Bush who is
opposed to most firefighter programs. It is nothing
more than trying to capitalize on firefighters and
emergency medical workers’ good name, and goes
against the concept of supporting those that support
you. If you don't support your friends (Kerry) and go
against your foes (Bush), you send the wrong message to other legislators who then may decide it is no
big deal to vote against the firefighters. So get rid of
those silly signs and the shirts that make no sense,
and get on board with the gold and black - the job,
overtime or pension you save may be your own!
Report from the 7th District
Submitted by: Mike Stephenson, FPF 7th District Vice President
Counties: Charlotte, DeSoto, Hardee, Manatee, and Sarasota
Just when Local 2546 was getting close to normalcy, without any major issues, Hurricane Charley
made his arrival. What a difference a day can make.
What happened next is hard to describe, and harder
to forget. I've responded to tornadoes, and have
seen how devastating they can be if you are unlucky
enough to be in the path of one, but never did I think
I would see a path of destruction 5 or 6 miles wide,
as we experienced in Charlotte County. Two hundred of our members work for Port Charlotte and
Punta Gorda fire departments, otherwise known as
ground zero for Charley and the devastation it left in
its aftermath. As I write this, Hurricane Jeanne is
southeast of Tampa, creating damage from the east
coast to the west coast. She is the fourth hurricane
to hit Florida in the past six weeks, a record that has
left substantial damage to almost every region in our
state. With meteorologists predicting the next
decade to be similar to what we have experienced
this year, I believe some discussion should ensue
about establishing a disaster response team to help
establish a relief effort for our members. President
Carver has asked us to put together a document that
could be used as a guide, a step in the right direction
for servicing our members' needs after a disaster.
Our relief effort helped 120 families receive
I.A.F.F. assistance of $500.00 and over 250 homes
were dried in or had some form of repairs done to
them. Our Charlotte County Firefighters did a fantas-
Page 8
tic job running the distribution
center and coordinating the
work crews that came in from
across the State. We had help
from Leesburg, West Palm,
Hialeah, Ft. Lauderdale, MetroDade, Key Biscayne, and many
others. All help was appreciated, but I must recognize the
Mike Stephenson
huge effort Metro-Dade made
to help us in the aftermath of Charley. Orlando Pena
was the first to arrive, followed by about 75 MetroDade Firefighters over the next 10 days. Their generosity and compassion gave our Firefighters a great
example of what the brotherhood really means.
Their presence and expertise were invaluable assets
for us as we tried to provide service to our members.
The volunteers from across the state that worked
with the Metro-Dade Firefighters were also a
Godsend, and an example of the finest the fire service has to offer. Thank you one and all.
I am looking forward to getting out of the hurricane business and back to doing contracts and political work for my daily routines. The cool weather that
the fall and winter will bring is especially welcome
this year, as it will help put the hurricane season
behind us. On behalf of our 800 members at Local
2546, and especially our 200 members in Charlotte
County and Punta Gorda, we are grateful for all the
help we received in our time of need!
Report from the 11th District
Submitted by: Jim Brantley, FPF 11th District Vice President
Counties: Collier, Glades, Hendry, Highlands, and Lee
It is a pleasure and an honor to have the
nication for the future. Hopefully, we will
ability to serve this organization as a memcoordinate our political and legislative efforts
ber of the Executive Board. I want to thank
in the future.
all of the Locals in the 11th District for their
We are looking forward to attempting to
support in this recent election. It is my goal
set up a FIRE OPS 101 Program for our
to serve each and every Local in the 11th to
Elected Officials, Fire Department Physicians
provide them the best quality service the
and Media Representatives later this year.
FPF can offer. Together there is nothing we
As for future goals, I will be off from the
cannot accomplish.
fire department, and will be spending time
Jim Brantley
Congratulations to the Collier County
with my kids this summer. During that time, I
Professional Firefighters Council on their award of
will be setting up my new office at home. After the
the 2006 FPF Convention on Marco Island. The
summer, I will begin making the rounds in the 11th in
resort and the Marco community are beautiful. If
an effort to put together a list of common goals and
ever there was a Convention to bring the family to,
issues for us to tackle together.
2006 on Marco will be it. There are many family
On my way out of Local 1826, I want to say a
activities available, so plan now for 2006! I know our special Thank You to Eric Ducrou, Walt Stevens, and
Brothers and Sisters in Collier County will make you
Mike Holobinko, and the entire membership of Local
glad you included the family.
1826, for their support over the years. Also a big
I look forward to continuing to work closely on the Thank You to Brothers Leroy Nottingham and Bill
maintenance of a great relationship with all of our
Schneider for setting the standard for leadership with
area Legislators and elected local leaders in the 11th
the Local, and in District 11. Though I will miss my
District. I hope to become more active with each of
responsibilities with Local 1826, I look forward to takthe Locals in our District so that we are all in commu- ing on issues common to ALL the Locals in District
11.
MDA SUMMER CAMP
Submitted by: Pat MacNichols, MDA District 12 Liaison
John Sommerville of Metro Dade, L-1403, is shown with his
camper, Christian Sun
Mike Clougherty of Broward County, L-4321, is shown during
a water gun fight in the pool
Page 9
Jeff Smith of Palm Beach County, L-2928, is shown giving
rides on his antique fire truck, Puddles
Bill Behrens of Suncoast, L-2546, is having lunch
with his camper
MORE FROM MDA
Submitted by: Pat MacNichols, MDA District 12 Liaison
I hope everyone is well and recovering from the
storms. While calling and checking on the safety of
numerous friends of MDA, just about everyone with
whom I spoke asked the same questions during the
weeks following Hurricane Frances' fateful visit,
"What happened with the Telethon? How did Jerry
do? How's he feeling?
With massive power outages, safety issues and
other hurricane-related problems, all local Telethon
broadcasts in Florida were cancelled. In a few
cases, TV stations were able to continue showing the
National Telethon from Los Angeles. Between power
outages in my own community, I was able to watch
only about 3 hours of the national broadcast. Jerry
was as strong as ever. His health seemed better,
and he had shed about 50 pounds.
The show was dedicated to the late Mattie
Stepanek, MDA's 2004 National Goodwill
Ambassador, who died at the age of 13 in June from
the effects of mitochondrial myopathy. "There's a
hole in my heart now that Mattie's gone," said Jerry.
"It's fitting that we celebrate his remarkable life, but I
also want Telethon viewers to understand that Mattie
is one of thousands of children and adults whose
lives have been dramatically altered or cut short by
neuromuscular diseases."
The National Telethon had a blockbuster opening
honoring the 50th anniversary of the IAFF's partner-
Page 10
ship with MDA. "Helping Jerry's kids is a natural
thing for firefighters, said Harold Schaitberger. "Day
in, day out, firefighters see a lot of death and human
suffering. It's therapeutic for them to see the best
results of their efforts-the wonders worked for kids by
the MDA."
Understandably, the Telethon pledges from
Florida were down drastically. While Jerry valiantly
appealed to Telethon viewers across the nation to dig
a little deeper, the $2 million in lost revenues was too
much to overcome. The final tote board figure of
$59.4 million was 1.8 percent below last year's
record $60.5 million. 2004 was only the second time
in 39 years that the Telethon failed to surpass the
previous year's total. The last time it happened was
during the recession of the early 1980s. In addition,
the Firefighter Fill-the-Boot drives, which account for
over $1 million, and other Telethon special events
were postponed.
The good news is that most of those postponed boot drives have been rescheduled
throughout the months of October and
November. AND IT GETS BETTER…MDA Florida
has received approval to investigate the feasibility of producing mini Telethons around the first of
December. They would be 2-4 hours and firefighters would play a predominant role. We
expect these shows to take place in almost all
areas. Check presentations for postponed boot
drives -- this will be the major part of the show.
Watch for more details.
Jerry Lewis, ever the optimist, promised to
bounce back next year with a bigger, better effort.
And, you loyal partners, will be there to cheer him
on…but your help is critical now and you never let us
down. Thank you again…and again…and again!
LEGAL CORNER
The More Things Change-TThe More They Stay The Same
Submitted by: By Jeff Carnes
Since the beginning of my career as a union
lawyer, many firefighters, paramedics and police officers have brought their problems to me for my counsel and advice. My economic well being frequently
depends on the bad fortune of others, not unlike the
professional circumstances of a firefighter, paramedic
or police officer. It is an unpleasant fact that, if it
were not for the disasters that befall others, all of us
would be doing something else for a living.
As an attorney who often represents employees
and unions, I find myself, far too frequently, representing not the accuser but the accused. I do not
dislike representing accused sexual or racial
harassers. It is my job. What troubles me is representing a firefighter or paramedic charged with some
sort of illegal discrimination. What causes the
anguish is that the mere accusation will do to the
career, home life, community standing, and possible
future financial stability of that firefighter.
In the past, these cases have been so frequent, it
seemed I would become the "king of harassment
defenders." My staff, predominately female, has
often questioned why we had so many harassment
defendant clients.
Management/defendant's attorneys represent the
employer, who usually but not exclusively faces the
economic liability for a discrimination claim.
Employee/plaintiff's attorneys represent the claimant,
who is seeking damages for the alleged discrimination. The alleged perpetrator may have been individually named in the complaint and is almost always
fighting to not only defend against the claim but also
to save his/her ability to earn a living in the chosen
profession. Sometimes the defendant/employee is
represented by the union, sometimes not. The union
is not obligated in any way to defend the employee in
any context other than a disciplinary action under the
terms of the collective bargaining agreement.
Otherwise, the employee is on his/her own for representation. There are many potential problems for the
defendant firefighter other than being fired.
There is a certain predictability regarding the attitude and demeanor of my defendant/client. The
client is almost always panic stricken with fear of
what may happen. The client may not claim that the
allegations are totally false, but that the other party
just misunderstood what really was meant to have
happened. The client is deeply embarrassed, but
more so because of the fact that such an innocent
act or acts have become public knowledge than that
there was any possibility of wrongdoing. (There are
a lot of things we did at the firehouse in the "good ole
days" that would not sound professional if discussed
in public. Apparently, this activity still goes on in
2004.)
The ethnic, racial and gender makeup of firefighters is not what it may have been 30 or 40 years ago.
Some firefighters just do not recognize this. What
was once considered by many, inside and outside
the profession, to be a fraternity of "good ole boys" is
in reality a diverse profession of all races, ethnic
groups and genders. Whether this is good for the
profession may be a suitable topic for debate among
men and women under certain circumstances, but
what the law demands may not be properly debatable in the firehouse.
There are many terms for the good natured kidding that firefighters sometimes direct toward each
other. Some call it fun; others call it harassment.
What frequently occurs is a natural consequence of
facing the trials and tribulations of the profession and
living in such close proximity to one another.
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However, there may be a fine line separating
innocent station frivolity from illegal harassment. The
definition of unacceptable harassment often lies in
the reaction of the victim not the firefighter who will
claim he or she did not mean any harm. It is the victim of assault and battery who decided if a touching
was unwanted or not. What was consented to on
one shift may not be consented to on the next.
"That's what we always do!!" is an admission of guilt,
not a legal defense.
The public
employer, in order
to protect itself in
the form of a
defense, will often
overreact by formulating absurdly
drafted harassment
policies and over
discipline employees for the most
innocent but serious
transgression. Simply stated, the employer is safer
defending the just cause of a termination than to risk
the monetary damages associated with an EEOC
discrimination claim. With some limitation, an
employer can regulate the speech and actions of its
employees. It is a fact of life that we must recognize
and endure. Your union cannot protect you from
yourself.
Whether you are eventually found guilty or exonerated may not matter after you lose your job, your
self-respect and your pension. Some will assume
you are guilty as charged just because you are
accused. An attorney will not charge you or the
union less just because you claim to be innocent. In
fact, mounting a defense for an innocent client can
be more difficult (expensive) than a defense for a
guilty client. Your friends and neighbors will almost
always remember the charges not the verdict.
Many firefighters do not realize that the union is
also regulated by various discrimination laws. Union
leadership can easily find itself in the position of having one member accuse another of not only an illegal
act, but also a contract violation. The result of inappropriate reaction to this situation can be devastating
to a union and its members.
Obviously, the topic of this article was motivated
by things alleged to have happened to some firefighters in the not too distant past. Revelation of individual facts would serve no purpose. All one has to do
is look around and reality will appear. No rank is
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safe from discrimination or allegation of having committed illegal discrimination. From the bottom to the
top of the rank structure, a new sensitivity to the reality of the 21st century is in order. If there is a moral
to this story, it surely comes from the archaic Latin
legal terminology, "Caveat teaser." Let the teaser
beware.
Jeff Carnes is a former firefighter and FPF 10th DVP who
currently practices in the area of Labor and Employment
Law representing labor unions and employees in employment disputes You can reach him @ 813-254-4757 or
[email protected]. This article is an updated version of
the writing first published in 1995. The more things
change, the more they stay the same.
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CITY AFFIRMATIVE ACTION PLAN FOR
FIREFIGHTER PROMOTIONS INVALID
Submitted by: Stephen H. Cypen, Law Offices of Cypen & Cypen
Chicago's Fire Department has five ranks:
Firefighter, Engineer, Lieutenant, Captain and
Battalion Chief. Promotions depend on competitive
examinations. Chicago developed the 1986 exam
for lieutenant (a position open to firefighters and
engineers) with care to ensure that it was both nondiscriminatory and a valid test of skills. Yet, although
29% of those who took the exam were either black or
Hispanic, only 12% of those groups who received the
highest 300 scores were in these groups. The
department concluded that this disparate impact
could be justified, under EEOC Guidelines, only if the
exam were valid for rank-order use; that is, if someone who scores higher on the test is bound to per-
form better than the person next in line. So, the city
established separate lists for minorities and whites
and promoted in rank-order from each, so that 29%
of those promoted were minorities. White firefighters
denied or delayed in promotion sued, and prevailed.
Even supposing that EEOC's regulations tell employers not to hire or promote in strict sequence when
that would cause minority groups to succeed less
than 80% as often as whites, the regulations would
not supply a compelling governmental interest in
making decisions based on race. Further, the Civil
Rights Act of 1991, although not retroactive, explicitly
forbids the dualist response to disparate impact.
Biondo v. City of Chicago, Case Nos. 02-2707, 023099 and 03-1921 (U.S. 7th Cir., August 27, 2004).
IN CONSIDERING DISABILITY APPLICATION, PENSION BOARD
CAN IGNORE POST-TERMINATION MEDICAL REPORT
Submitted by: Stephen H. Cypen, Law Offices of Cypen & Cypen
Scarlet Knowles was a firefighter/paramedic with the
Orlando Fire Department. While walking around the
perimeter of a building at a fire scene, Knowles
stepped in a hole and hurt her ankle. Several medial
reports, including one obtained by the Pension
Board's independent medical examiner, found no
objective evidence of permanent injury, a zero-percent impairment rating and no work restrictions. At
least one doctor cleared Knowles for full duty. (The
City's Risk Management Department had Knowles
followed and videotaped showing her performing
functions that she previously stated she could not
do.) Knowles applied for line-of duty disability. The
Fire Chief authorized Knowles to work light duty and
advised her to report to the training division.
Knowles reported, but left the training division without
permission after spending about six hours of the
required eight hours of light duty. The Chief thereupon terminated Knowles due to her continued
unwillingness to comply with departmental policies
and specific orders issued to her. Almost five months
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after termination and after "surgical reconstruction" of
her ankle Knowles filed an amended application for
line-of duty disability. This time, the Board's doctor
found that Knowles had a permanent ankle condition
that totally disabled her as a firefighter/paramedic.
After a quasi-judicial hearing, the Board determined
that Knowles was not permanently and totally disabled prior to her termination. Knowles sought
review in the circuit court, in which review is governed by a three-part standard: (1) whether procedural due process is accorded; (2) whether the
essential requirements of law have been observed;
and (3) whether the administrative findings and judgment are supported by competent substantial evidence. In denying review, the circuit court correctly
declined to reweigh the evidence and substitute its
judgment for that of the Board. Further, the Board
was correct to rely upon the medical opinions that
were given prior to Knowles's termination date.
Knowles v. Orlando Firefighter Pension Board of
Trustees, 11 Fla. L. Weekly Supp. 599 (Fla., 9th Cir.
March 10, 2004.
NEWS FROM THE
STATE OF FLORIDA
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IRS NEWS FOR FLORIDA
Submitted by: Jacqueline Keller, IRS Senior Tax Specialist
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