FIREFIGHTERS LAWYER WANTS COUNCIL INVOLVED

The attorney for one of the Madison firefighters under investigation
by the Police and Fire Commission said in a letter to the City Council
that his client intends to tie up the cases for years in court
appeals, potentially costing the city "literally millions of dollars."

In a letter sent Thursday to the City Council office, Robert Gingras,
who represents firefighter Chris Gentilli, asked the 20-member City
Council to get involved in the disciplinary cases.

To date, the investigation into drug use by firefighters - which first
surfaced 1 years ago after local and federal authorities shut down
Jocko's Rocket Ship bar for its popularity as a cocaine bar - has cost
the city about $700,000.

"I believe the financial faucet should be turned off by the next vote
of the council," Gingras wrote. He said the $700,000 is "only the tip
of the iceberg."

"If this process continues, it has to be my conclusion that the city
will probably pay literally millions of dollars before it is through,"
Gingras said.

There are seven firefighters who face hearings before the five-member
PFC, including five whom Fire Chief Debra Amesqua wants to fire. The
PFC has issued a ruling in one case so far, upholding the firing of
Tracy Patterson. The PFC could decide as early as next week in two
other cases.

Gingras said most of the firefighters intend to file appeals in
Circuit Court if they are unhappy with the PFC's decision, and will
likely exhaust appeals to the appeals court and Supreme Court -
costing the city thousands of dollars in legal fees.

"Needless to say, this process will take years," Gingras wrote.
"Moreover, if the firefighters are successful at any level of the
appellate process, the city would be obligated to compensate the
firefighters for the back pay the firefighters lost while the process
continued. The amount of this back pay would be enormous."

In addition to appealing to the court system, the firefighters union
will likely file grievances to bring the cases to arbitration, Gingras
said.

Gingras also threatened the city with civil rights violations,
alleging that the city's investigation has failed to give the
firefighters due process. He said he and his client were prohibited
from cross examining witnesses who testified in other PFC cases but
had information relevant to the Gentilli case.

City Attorney Eunice Gibson was expected to write a memo in response
to the Gingras letter for council members.