by Paul Bass | November 28, 2007 12:34 PM
Comments: http://www.newhavenindependent.org/archives/2007/11/smuts_firehouse.php#comments
City official Rob Smuts made a discovery while investigating a firehouse “strangling” fight: The city thought it had a zero-tolerance no-violence policy. It doesn’t.
Smuts, the city’s chief administrative officer, said that he has concluded an inquiry into the Aug. 9 fracas involving two firefighters at the Lombard Street station. He said that supervisors acted appropriately and sees no need for disciplinary action. But the probe has sparked the city administration to begin negotiating a workplace violence policy with union leaders, he said.
“Comfortable” With Outcome
Other firefighters had to separate the two fighting employees on Aug. 9 after a “shouting match” turned into an “assault.” One firefighter allegedly choked the other. The fight began after one of the firefighters was accused of driving a fire truck while drunk, a charge he denied. (For a story detailing that incident, click here.)
Fire brass didn’t discipline either of the firefighters. Nor did a supervisor order an alcohol test for the man accused of drinking on the job. According to one written account of the incident, a deputy chief instructed those involved to keep it quiet, to “to let this matter stay in the station.”
That apparently disturbed one captain. He wrote in a separate memo: “”I would like to remind administrative and managerial staff that the City of New Haven’s policy on workplace violence states ‘zero tolerance for acts of physical violence in the workplace shall be upheld.’ I cannot sugar coat what has happened and characterize the events as an assault of a department employee by another with insubordination on both their parts. I ask that prudent judgement prevail in dealing with the safety of department personnel and preventing any possible recurrence or escalation of a similar nature.”
After a story appeared in the Independent, Smuts decided to look into the matter. He reviewed the reports. He called together Fire Chief Michael Grant, the department’s two assistant chiefs, the deputy chief in charge of the Aug. 9 shift in question, two battalion chiefs, and the captain at the Lombard Street house. They discussed the incident.
Smuts said he asked whether any of those assembled had “ongoing concerns” about the incident. They didn’t, he said. “They were very comfortable with it. It was a one-time incident.”
“Are you concerned about any effect this has on the firehouse beyond these two individuals?” he asked. Again, no.
“We had a pretty robust discussion,” he said.
While no further action was needed in this case, Smuts said, all agreed that in the future such incidents should be reported to his office, the labor relations office, or human resources. That would ensure that no “perception” develop that such cases are handled inconsistently.
Also, Smuts said, those assembled agreed that the supervisor questioning the allegedly drunk firefighter should have required an alcohol test. Even if the supervisor concluded the firefighter wasn’t drunk.
Less Than “Zero”
Many people, like the captain who wrote the memo, believed New Haven government had a “zero tolerance” policy against workplace violence.
It turns out, Smuts said he learned, that the policy never officially took effect. It needs approval from union heads, because it affects disciplinary procedures that are spelled out in labor contracts. Now, he said, city officials will begin meeting with union heads to craft a policy.
Union heads like Pat Egan, president of firefighters union Local 835.
“We certainly do not want violence in our workplaces,” Egan said Wednesday. “With that said, what we also want with any issue when an employee is subject to possible discipline is a fair process that lets all sides be heard and gives the employee” a fair hearing
Egan expressed concern about “politics” tainting the process if City Hall administrators become involved. “As far as we’re concerned, discipline is handled solely by the fire chief and the department, not anybody else,” he said.
The city’s draft zero-tolerance policy stated, in part:
“[T]he City of New Haven has a policy of zero tolerance for acts of violence in the workplace by or among its employees. This policy is inclusive of acts and/or threats of violence, including intimidation…
“…Acts or threats of violence in the workplace by City employees may result in disciplinary actions up to and including suspension(s) or termination(s), and will not be tolerated by the City…
“…The Director of Human Resources and the Director of Labor Relations will investigate and report all threats or acts of violence and take appropriate action to protect employees and City property and premises….
“… Department Heads are required to make an immediate report of any threat or act of violence to the Director of Human Resources.”