RESIGNATION SOUGHT -- CHIEF AMESQUA ASKS FIREFIGHTER CONVICTED OF DRUG CHARGES
TO LEAVE

Madison Fire Chief Debra Amesqua on Wednesday sought the resignation of
Michael Merkle, one of two firefighters recently sentenced to prison on
cocaine charges.

Amesqua intends to decide today on the fate of the second firefighter, Lt.
Terry Rice.

Merkle can resign or appeal Amesqua's request to the Police and Fire
Commission.

The two firefighters were arrested in October following an investigation
into a California-based cocaine ring. Investigators from local agencies and
the FBI said the firefighters received the cocaine but were not dealers.

After the arrests, Amesqua placed the firefighters on paid leave, where
they remain.

Merkle, 52, pleaded guilty to the misdemeanor charge of attempt to possess
cocaine and earlier this month was sentenced to 30 days in prison, a year
of supervised release, a $1,000 fine and 400 hours of community service.

Rice, 51, pleaded guilty to misdemeanor possession of cocaine and was
sentenced to 15 days in prison, a $1,000 fine, and 400 hours of community
service.

Both are expected to report to prison Jan. 3.

Merkle's attorney, Mark Eisenberg, said Wednesday night that Merkle was
surprised by Amesqua's resignation request.

"I don't know what he's going to do," Eisenberg said. "I know he doesn't
want to get fired because he's concerned about retirement" benefits.

Eisenberg said Merkle has repeatedly apologized for tarnishing the Fire
Department's reputation.

"This is really garbage," Eisenberg said. "I'm really disappointed that she
(Amesqua) would ask him to resign. He (Merkle) is a tremendous person and a
tremendous worker. This whole thing got blown way out of proportion to
begin with."

Amesqua said she will not comment until the firefighters respond.

Firefighters union president Joe Conway said the union hasn't decided
whether to challenge the request.

"We're still talking this over with legal counsel," Conway said.

Amesqua declined to release her letter to Merkle or supporting documents,
citing a state law that protects against the immediate release of some
personnel records.

Although Amesqua refused to discuss specifics of the cases, she reiterated
her tough stance against substance abuse and said she will continue to push
for random testing of firefighters union members in contract negotiations.

The department now can test only if there is a "reasonable suspicion" that
an member is using drugs.

The department must ensure its credibility and public confidence, Amesqua
said.

"It's extremely important to have consequences for illegal actions," she
said. "The use of any kind of drugs, inappropriately, I believe carries
some very serious consequences."

Conway, however, said the union supports comprehensive drug and alcohol
training for department supervisors and firefighters instead of random drug
testing.

"Our belief all along is there's a better way than random drug testing to
ensure a drug- and alcohol-free fire department," he said.

Conway added: "Random drug testing would not have identified Michael Merkle
and Terry Rice. Maybe some other program would have."