Terminated Bridgeport firefighter reinstated

By Aaron Leo
Staff writer Updated: 04/03/2009 07:43:49 PM EDT

Terminated Bridgeport firefighter reinstated - Topix

BRIDGEPORT -- A 19-year city fire lieutenant terminated in July 2007 for shoving a captain at a fire scene has returned to work under a decision by state labor arbitrators.

Fire Lt. John MacNicholl started earlier this week, with a salary of $60,953 a year, said Ralph Jacobs, the city's personnel director. He will also get back pay and the chance to make up overtime opportunities.

He is assigned to Engine 12 Co. on Thorme Street, said Capt. Luis Rivera, the Fire Department spokesman. Fire Chief Brian Rooney, who terminated the lieutenant, was not available for comment.

MacNicholl was charged with shoving Capt. Ivan Fossesigurani on March 1, 2007. Fossesigurani later went on injury leave as a result. At an appeal hearing, MacNicholl, a diabetic, blamed the attack on his low blood sugar, but the Board of Fire Commissioners narrowly upheld the termination because of the department's "zero-tolerance" policy regarding workplace violence.

MacNicholl will receive a "significant" amount of back pay and can make up for missed overtime opportunities, said his lawyer, John "Chip" Walsh. He should also be eligible for promotion to captain because he was on the promotion list when he was fired, Walsh said.

"He's an outstanding firefighter, he's a credit to the department," the lawyer said. "John is pleased to be back at work and serving the citizens of Bridgeport."

Walsh said, however, he was disappointed that a 60-day unpaid suspension issued for the incident would remain on MacNicholl's record. He said Fire Department disciplinary officials ignored three mitigating factors.

A doctor chosen by the department to examine MacNicholl said low blood sugar prompted MacNicholl's reaction, Walsh said. MacNicholl also apologized to the captain, a long-time friend, and they dropped the matter, but fire officials chose to press for him to be disciplined, despite the lieutenant's clean discipline record.

The Firebirds, a group of black firefighters, has been critical of MacNicholl.

"We're shocked, we're surprised he was able to gain re-employment," said Shane Porter, the Firebirds' recently appointed president.

Fire scenes are hazardous, Porter said, contending that MacNicholl "escalated that hazard by his unacceptable behavior." He also went so far as to call the confrontation one of "the worst-case scenarios of violence in the workplace in the history of this department."

Stuart Rosenberg, the fire board president, "vehemently" disagreed with Porter, adding that he has seen all sorts of cases in his 25 years on the board.

MacNicholl should have been disciplined, but termination was unwarranted, Rosenberg said.

"I think John MacNicholl is one of the best firefighters we had and I'm glad to have him back," the board president said.