PORAC Article

Fire Captain Ordered Reinstated By Superior Court Judge
By:  Saku E. Ethir of Lackie & Dammeier LLP

             Firefighters need LDF too.  On March 22, 2004, Judge Shahla S. Sabet of the San Bernardino County Superior Court held that the City of Upland’s termination of Fire Captain Philip Watkins was an abuse of discretion.  Captain Watkins, a twenty-eight (28) year member of the City of Upland Fire Department, with no prior discipline, was terminated for allegations of dishonesty and insubordination.  Allegations that Watkins wholeheartedly denied. 

            The allegations stemmed from a February 14, 2002, incident in which Watkins was asked by a Department Division Chief to attend an appreciation event, at a local mobile home park, with Watkins’ assigned Engine.  Watkins asked for, and was granted, permission to attend the event in approximately forty-five (45) minutes due to the fact that he and his crew were getting supplies.  Prior to the expiration of those forty-five (45) minutes Watkins and his engine were dispatched to two, almost consecutive, emergency calls.  At the conclusion of the two calls, the appreciation event had already concluded. 

In a subsequent telephone conversation with the Division Chief, Watkins was asked why his Engine did not attend the Event.  Watkins’ alleged response to the inquiry was that the City was busy with five calls and that the Engine had to get fuel.  The City alleged that Watkins' response to the inquiry was dishonest.  Watkins was also asked in this subsequent conversation what the Engine had been doing when the Division Chief had contacted Watkins and requested that the Engine attend the Event.  Watkins’ response was that they had been getting “supplies”.  The City alleged that this was a dishonest statement because they did not agree with Watkins’ definition of what constituted supplies.  This despite testimony from several witnesses who agreed that the errands being run by Watkins’ Engine that day did constitute getting supplies.  The Fire Chief subsequently charged Watkins with insubordination for not attending the event, and with dishonesty, for allegedly not being honest about the reasons the Engine did not attend the event.

            Watkins appealed his termination, and was represented at his administrative evidentiary hearing by Saku Ethir of Lackie & Dammeier LLP.  On December 20, 2002, following four (4) days of hearing, the three-member board unanimously overturned the Fire Chief’s termination of Watkins.  In addition, the three-member board found the City had violated Watkins’ rights under Skelly, and ordered that he receive back pay to the date of termination.  Unfortunately, the decision by the three-member board was only advisory to the Upland City Council.  On January 27, 2003, the Upland City Council voted 4 – 1 to terminate Watkins. 

A Writ to Superior Court was approved by the Legal Defense Fund (LDF).  At the Superior court hearing on March 22, 2004, Watkins was again represented by Saku E. Ethir of Lackie & Dammeier LLP.  There, Judge Sabet overturned the termination of Watkins holding that “… Upland abused its discretion in dismissing Watkins when the conduct in this case did not result in ‘harm to public service’ and when balanced against 28 years of unblemished service, the punishment appears to be too harsh and unsupported by the weight of the evidence.” 

Captain Watkins would like to thank the Legal Defense Fund (LDF) and his attorneys at Lackie & Dammeier LLP for their constant support, without which this appeal would not have been possible.

            About the author, Saku E. Ethir is an Associate with the law firm of Lackie & Dammeier LLP who represents Police Associations throughout California in discipline and negotiation matters.