NAMES OF FIREFIGHTERS IN DRUG INVESTIGATION MAY BE REVEALED

A Judge Ruled The Public'S Right To Know Outweighs Firefighters' Interest
In Protecting Reputations.

Names of nine firefighters investigated for drug use may be made public
Wednesday, unless the union appeals, a Dane Circuit judge ruled Monday.

Allegations against that the firefighters "concerns the public, because
they wonder if the firefighters can be counted on to perform," Judge Sarah
O'Brien said, concluding the public's right to know outweighs firefighters'
interest in protecting their reputations.

John Talis, attorney for International Association of Firefighters Local
311, said after Monday's hearing he was unsure if firefighters will appeal.

O'Brien granted a union request to bar Fire Chief Debra Amesqua from
releasing names of two firefighters exonerated by an internal investigation.

The department investigated 12 firefighters whose names came up in a police
probe of a cocaine conspiracy at a now-defunct bar, Jocko's Rocket Ship. No
firefighters were criminally charged, although the police probe led to
convictions of nine cocaine dealers.

Amesqua announced Oct. 27 she would disclose names of eight firefighters
she said violated department rules. She seeks to fire five and to suspend
three. Only one has accepted discipline. The chief will file formal
disciplinary charges against the remaining seven with the city Police and
Fire Commission, but that won't happen for weeks. Charges would include
names and details.

The union sued Nov. 3 to stop Amesqua from revealing the firefighters'
names now, before formal charges are filed. Talis argued that the five of
12 investigated firefighters who remain on duty risk harassment and
ridicule if their names are disclosed. "They're going to be painted as drug
users," Talis said.

Attorney William Haus, representing a cleared firefighter, said, "Everybody
will be tarred with the same brush."

But Assistant City Attorney Carolyn Hogg said Amesqua weighed firefighters'
privacy and reputations against public interest in knowing how the Fire
Department cleans house. "The balance has to be struck in favor of
disclosure," she said.

O'Brien permitted the Wisconsin State Journal, The Capital Times and
WKOW-TV, all of whom have sought the firefighters' names, to intervene in
the case. Their attorney, Bob Dreps, argued that public employees are
subject to the state Open Records Law. "They are in the public eye by
virtue of the position they accepted. They can't come back later to the
court and ask it to conceal them from the public that employs them," he said.

Five firefighters' names already have been disclosed in news stories. They
are Tracy Patterson, Paul Elvord and Dave Barlow, whom Amesqua seeks to
fire; and Okoto Torti and Lt. Terry Rice. Torti was fired in July for not
having a driver's license, while Rice resigned Sept. 15 rather than face
formal disciplinary charges.