FIREFIGHTER TO GET HIS JOB BACK

Judge: PFC Was Wrong To Fire Him

A Dane County judge has ordered the Madison Fire Department to reinstate a
firefighter fired in connection with the Jocko's drug investigation.

Circuit Judge Sarah O'Brien on Monday ordered that Marc Behrend - one of
five firefighters terminated for alleged drug involvement stemming from the
December 1999 raid on Jocko's Rocket Ship bar - also be given back pay for
the year he's been off the job. He was fired in June of last year.

"It was really out of the blue for him," Aaron Halstead, Behrend's
attorney, said of O'Brien's ruling. "He really was almost speechless."

He said he expected that Behrend would be back on the job soon.

"I suspect that immediately (Fire Fighters Local 311 President) Joe Conway
and the union executive board will be talking with Fire Department
administration about getting him back to work."

Conway did not return a call for comment this morning before press time.

Fire Chief Debra Amesqua, who had sought to fire seven firefighters for
drug involvement, also was not available for comment this morning.

Monday's ruling follows one by Circuit Judge William Foust last week that
upheld the firing of firefighter Paul Elvord for allegedly purchasing
cocaine at a firehouse.

In its ruling last year, the city's Police and Fire Commission ruled that
there was insufficient evidence to fire Behrend on drug use allegations.
But the panel found cause to fire him for allegedly lying about who
accompanied him to the cocaine-laden downtown tavern during the course of
the investigation into firefighters' drug use.

"When the chief rested her case against Behrend, no evidence had been
offered or introduced that he lied about who he went to Jocko's with,"
O'Brien wrote. "In the words of the PFC itself, this evidence came out 'in
the final moments of our proceedings, after we had reached the scheduled
close of testimony.'"

"Had Behrend known that he might be disciplined for one lie, not relating
to whether he used drugs, he would probably have presented a much different
case regarding the appropriate penalty for such an infraction," O'Brien wrote.

The PFC had dismissed two counts against Behrend alleging drug use. Amesqua
has appealed that decision.

"Should Amesqua succeed in that action, Behrend's employment could again be
terminated," O'Brien wrote.

Halstead said that by statute O'Brien's decision on the lying charge is
final and cannot be appealed.

Behrend, a former Badger, Olympic and professional hockey player, was
implicated in drug use after federal and city authorities raided the
now-defunct Jocko's Rocket Ship bar on Gilman Street. The raid resulted in
several federal drug convictions, but none of the firefighters were
criminally charged.

Halstead said he didn't know if Behrend's case would have a bearing on the
others.

Noting that Behrend was fired for allegedly lying rather than drug use, he
said, "The facts are unique compared to the other firefighter cases."

Besides Behrend and Elvord, appeals have been filed in the firings of Chris
Gentilli and David Barlow. Those appeals have not been ruled on.

Firefighter Tracy Patterson, who allegedly sold Elvord cocaine in a
firehouse dorm room, has not appealed his termination.

The PFC handed two other firefighters, Joe Reznikoff and Dan Madden, unpaid
suspensions for alleged drug use. Amesqua had sought to fire them.