Appeals Court Reverses Suspensions for New Orleans Local Members

October 10, 2007 – The Louisiana Fourth Circuit Court of Appeals has ruled in favor of two New Orleans, LA Local 632-represented fire dispatchers who were suspended in 2005 for returning to work outside an untold deadline following Hurricane Katrina.

Sister Wanda Newsome and Brother Eddie Fuller, both dispatchers for the New Orleans Fire Department, returned to work September 29 and 30, respectively. The New Orleans Fire Department had determined that September 22, 2005, was the last date an employee could return without disciplinary action. After appearing before a Peer Review Board, the pair was found guilty of violating department rules and regulations for taking unauthorized leave. Newsome was suspended for 30 days; Fuller was suspended for 90 days.

When Hurricane Katrina struck, Newsome was on vacation and not due back to work until September 14. Following numerous attempts to contact the department, on September 14, the assistant supervisor of fire communications told her to “return when she could.” Another dispatcher also told Newsome that the City was being shut down because of Hurricane Rita.

Fuller, who was on duty and evacuated from his flooded firehouse to Baton Rouge when the storm hit, was told by Fire Chief Bruce Martin that “only fire suppression was being let into the City. When he tried to return as Hurricane Rita approached, another dispatcher said he would not be able to enter the City.

Neither was aware of the September 22 “drop dead” date until they were charged.

Both dispatchers appealed to the Civil Service Commission, which upheld the suspensions, maintaining that despite personal crises created by Hurricane Katrina, the return date was “reasonable and imposed uniformly an all fire department personnel.”

On appeal, the Court of Appeals reversed the Civil Service Commission ruling. Judge David Gorbaty determined that the fire department was not able to show that Newsome and Fuller’s failure to return by September 22 “impaired the efficient operation of the department,” a requisite for the Civil Service Commission to prove in the discipline of an employee.

“We are pleased that the Court of Appeals recognized that the Civil Service Commission made an unacceptable decision,” says Local 632 President Nick Felton. “Far too often, administrators forget the pain and suffering so many of our members have gone through since this disaster.”

“The judge made a sound and reasonable decision to overturn the suspensions,” adds IAFF 14th District Vice President Danny Todd. “Hurricane Katrina created unusual hardships and circumstances. Then, as these members tried to come back, Hurricane Rita caused more confusion and problems for our dedicated members all along the coast.”

The Court also noted that the record did not indicate when commanding officers decided to impose September 22 as the “end of the grace period” date. In issuing his opinion, Judge Gorbaty wrote, “These two fire fighters – both with unblemished disciplinary records – did the best they could under horrific circumstances to return to work as quickly as possible.”