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News (Media Awareness Project) - US PA: Firefighter's Suspension Stokes Dispute At City Hall
Title:US PA: Firefighter's Suspension Stokes Dispute At City Hall
Published On:2009-06-30
Source:Pittsburgh Post-Gazette (PA)
Fetched On:2009-07-01 04:57:07
FIREFIGHTER'S SUSPENSION STOKES DISPUTE AT CITY HALL

Criminal charges against a Pittsburgh firefighter spurred a
union-management showdown yesterday, with Mayor Luke Ravenstahl's
administration calling for more disciplinary rights and drug testing,
and a labor leader demanding innocent-until-proven-guilty treatment
for a seven-year veteran.

Sparking the fight was firefighter Vincent Manzella, 31, who was
charged Thursday with burglary, theft and calling in false alarms.
The fake alarms were a diversion, according to a criminal complaint,
so he could burglarize a Lawrenceville firehouse to support a heroin
habit.

"We have an employee that has been placed in a great deal of trust,
and he misused that trust," said Public Safety Director Michael Huss.
"We tend to have within the Fire Bureau more of this type of illegal
drug use than we do in our other public safety bureaus.

"It creates a tremendous hazard ... not only to his co-workers, but
to the public we're trying to protect."

He suspended Mr. Manzella for 30 days and called on a trial board of
three firefighters to terminate him.

"Everybody's convicted this individual before [seeing] any legitimate
charges," said Joe King, president of the International Association
of Fire Fighters Local 1. He said the trial board will decide the
case "based on the evidence presented."

A police investigation identified Mr. Manzella as the person who
called 911 three times in early April to trick firefighters into
leaving their station unmanned. Police say he entered and took petty
cash and personal cash.

Though perhaps less than $100 was stolen, the case involves "calling
in false alarms, putting firefighters in danger, utilizing city
resources," Mr. Huss said.

Mr. Manzella worked at the Lawrenceville firehouse a few years ago,
but was off on workers' compensation when the calls were made. He
later returned to work at the Sheraden firehouse, where police found
him June 19.

According to the criminal complaint, he admitted to the ruse and
"stated that he was really bad into heroin at the time" after his
work injury led to narcotics addiction.

In January, the Post-Gazette reported the case of firefighter John
Connors, who pleaded guilty to cocaine possession. The city sought to
fire him, but a trial board found that the city took a shortcut
around labor contract provisions when it demanded drug tests. Mr.
Connors is back at work, having won the trial board decision and an
arbitrator's award.

"Out of all the firefighters we have, there's a very small percentage
that are using these types of substances. But it's something we can't
tolerate," said Mr. Huss. Three firefighters are now subject to "last
chance" agreements for drug or alcohol violations.

Mr. Huss called for random drug testing of firefighters, but added
that he needed to bargain that with the union. Now the city can
demand that a firefighter undergo a drug test in a variety of
circumstances, including after a return to work after more than two
weeks off on compensation.

The union has long wanted "a reasonable testing program" focused on
firefighters who show signs of a problem, said Mr. King. But he said
Mr. Huss "just wants it his way or no way, and that doesn't work."

Mr. King brought up an incident last year in which police pulled over
firefighter William Clifford in what appeared to be a case of
mistaken identity. Police found nothing, but the city had him drug
tested anyway.

Mr. Huss reiterated Mr. Ravenstahl's call, made after Mr. Connors was
returned to work, for the General Assembly to rewrite the 70-year-old
state laws that govern discipline of firefighters in Pittsburgh.
Instead of firefighters judging their own, he wants them to have the
right to challenge discipline through arbitration.

Arbitration "may serve us better than what we currently have," Mr.
Huss said.

"His chances of [getting] that are slim to none," said Mr.
King.

Today, when a firefighter is disciplined, the public safety director
and the accused each choose the names of 25 firefighters of rank
equal to, or higher than, the accused. The names are placed in a box,
and seven are drawn. Each side can strike two, leaving three to
decide the case.

A proposed new recovery plan under state Act 47 for distressed
municipalities, up for city council vote today, calls on city
officials to ask the General Assembly to abolish the trial boards.
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