In 2019, a fire department suspended a firefighter for 30 days based on 11 instances of misconduct, including discourteous and offensive conduct toward the public and failures of supervisory responsibility. The firefighter appealed.
An administrative law judge (ALJ) found just cause for the suspension based on 10 of the 11 alleged incidents. The ALJ concluded that the firefighter’s conduct harmed the public service by: undermining patient trust, exposing the department to potential liability, and creating tension within the crew. The ALJ further found that no emergencies had occurred to justify any deviations from policy. The firefighter’s repeated confrontations with patients and colleagues showed he had poor judgment in his supervisory role.
The ALJ determined that there was a risk of recurrence because the firefighter had only accepted limited responsibility and minimized or denied the misconduct. The ALJ concluded that a 30-day suspension was an appropriate and proportionate penalty that both addressed the misconduct and allowed for the possibility of rehabilitation.
The MOU defined the ALJ’s decision as advisory to the city manager, who concurred with the ALJ’s decision.