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News (Media Awareness Project) - US WI: Firefighter Firing Upheld
Title:US WI: Firefighter Firing Upheld
Published On:2001-06-07
Source:Capital Times, The (WI)
Fetched On:2008-01-25 17:42:39
FIREFIGHTER FIRING UPHELD

PFC Backs Amesqua's Decision In Jocko's Case

For the second time, the Madison Police and Fire Commission on
Wednesday upheld Fire Chief Debra Amesqua's decision to fire a
firefighter implicated in drug use in the Jocko's drug investigation.

In a unanimous decision, the commission found that Chris Gentilli, a
20-year veteran, violated all five counts of misconduct charged by
Amesqua.

"Certainly I agree with the Police and Fire Commission's decision,"
Amesqua said. "I believe we have proffered before the commission a
precise and thorough and fair argument to support termination."

Gentilli's attorney, Robert Gingras, did not return messages seeking comment.

The charges against Gentilli upheld by the commission include:

He broke federal and state law repeatedly over the past 10 years by
buying marijuana and cocaine.

He provided cocaine on at least two occasions to firefighter Lt.
Terry Rice, who pleaded guilty to misdemeanor cocaine charges in
federal court in December 1999.

He lied about his drug use to investigators.

He violated rules requiring firefighters to conduct themselves in a
manner that would not bring the department into disrepute.

He violated department rules by having first-hand knowledge of drug
use by at least four co-workers and did not tell his superiors.

Amesqua's charges came in the aftermath of a Dec. 11, 1999, raid at
Jocko's Rocket Ship, a downtown tavern where police had suspected
rampant drug use by employees and customers.

Amesqua has been criticized by city officials, including Mayor Sue
Bauman, for pursuing her charges against the firefighters, a crusade
that has to date cost the city nearly $800,000, an amount that is
expected to rise to more than $1 million.

Last month the commission unanimously voted to fire Tracy Patterson,
who joined the department in 1991. His attorney, David Hart, said
Wednesday that Patterson has decided not to appeal the decision.

The commission is deliberating the fate of three other firefighters -
Dave Barlow, Paul Elvord and Marc Behrend - who have been suspended
with pay pending the commission's decision.

In the cases of Barlow and Elvord, the firefighters' lawyers have
finished presenting written arguments and a decision from the PFC
could come at any time, according to the commission's counsel, Scott
Herrick. In the interest of speed, the commission will allow oral
rather than written arguments Monday in Behrend's case, Herrick said.

Because of the complications of handling so many disciplinary cases
at the same time, the commission held off on charges against
firefighters Dan Madden and Joseph Reznikoff, who were also
implicated in the Jocko's probe. Herrick said those cases may be
taken up by the commission this summer after the other five cases
have been resolved.

Unlike the other five firefighters, Madden and Reznikoff were not
suspended with pay. Because their alleged violations are not as
serious as the other five, Amesqua had originally asked to PFC to
suspend them without pay for one year and to subject them to random
drug testing for three years. But because the PFC has determined it
does not have the authority to impose random drug testing, Amesqua
said she is now seeking their termination.
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