Friday, May 29, 2015

Standards and Fitness are a HEALTH & SAFETY Issue for The Emergency Services


Image result for Frank Lima LAFD
Captain Frank Lima LAFD




There’ve been reports of various members being disciplined over alleged “leaks” to the press over firefighters failing major parts of the physical fitness standards at the Training Academy and one member allegedly refusing to get off a rig at fires.

IF you should find yourself in such a situation...think JACKPOT!

In Los Angeles, LAFD Captain Frank Lima refused to obey both LAFD Officials and L.A. Elected Officials and WOULD NOT push substandard female recruits through that Academy.

Captain Frank Lima (1) Disobeyed direct orders given by superiors and (2) refused to comply with directives from elected City Officials.

He was summarily dismissed from his duties at the LAFD Fire Academy and passed over for promotion.

Frank Lima sued the City of Los Angeles for discrimination and retaliation and won a judgment of $4.8 MILLION from the City of Los Angeles. (http://latimesblogs.latimes.com/lanow/2009/08/la-city-council-agrees-to-pay-81-million-to-two-former-firefighters-who-sued.html) and (http://www.adversity.net/lafd/).

Captain Lima claimed, in court papers, that he was discriminated and retaliated against because he was a male and applied the same standards in training a female recruit that he would have done had she been a man.

Fitness and standards are a HEALTH & SAFETY issue and as such, they ARE protected under federal whistle-blower statutes.

Moreover, the FDNY’s Fire Marshall’s subpoena powers have traditionally been restricted to dealing with criminal investigations. The investigation into whether a member breached various FDNY regulations (especially ones that may run afoul of federal whistle-blower protections) is NOT a “criminal investigation.

That too, should be legally challenged.

No one should ever look for a fight, but if you find yourself caught up in any of this, seek out legal counsel and remind the attorneys of how Frank Lima fared.

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