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captstanm1
10-25-2002, 12:17 AM
DAYTONA BEACH NEWS JOURNAL

Edgewater firefighters' lawsuit is now official
By CINDY F. CRAWFORD (cindy.crawford@news-jrnl.com)
Staff Writer
EDGEWATER -- A lawsuit filed by three former firefighters claiming gross mismanagement within the fire department became official last week.

City officials were served with the lawsuit Oct. 11, eight months after firefighers Donald Jones, Anthony Shuta and James Castetter accused Fire Chief Tracey Barlow of using favoritism and making inappropriate decisions for the department.

The former firefighters also claim that their "whistle blowing" resulted in a hostile workplace and their forced resignations.

"We're fighting for our jobs and for what's right," Jones said.

The suit outlines 29 accusations against the city and the department, including that Barlow failed to discipline his brother, a lieutenant, for physically assaulting a colleague in 1999. They also said the chief ignored drug use by a department supervisor, drove a city-issued vehicle for personal use, persecuted Castetter for an action which happened outside of work and engaged in sexual liaisons with female fire department employees in the firehouse.

City officials are developing a strategy to fight the lawsuit, said City Manager Ken Hooper. But Hooper said internal investigations revealed there was no basis to the accusations that appear to be rumors and hearsay.

"The allegations appear to be based on false rumors that were collected or heard over many years and was based on individual perceptions without any firsthand knowledge," Hooper said in a summary report after his investigation.

The firefighters also sent several favoritism complaints to the state ethics commission; however, all but one charge was dismissed in September. The commission determined that Barlow did not break the rules when promoting his brother and did not bar others from selling T-shirts to give his father a monopoly.

The commission is not finished investigating some accounting and financial claims against Barlow.

Barlow did not return a phone call requesting comment Wednesday.

Hooper called the accusations unfounded and unsupported by all Fire Department employees interviewed.

And this is not the first lawsuit Jones has filed against a workplace, Hooper noted.

As a volunteer firefighter in 1998, Jones sued Volusia County Fire Services in a similar case, saying he was forced to resign after pointing out problems with the Bethune Beach volunteer fire station. The case was settled out of court without a finding of guilt.

"To me, this shows a pattern," Hooper said.

Jones said he's not asking for a monetary settlement, just his job back.

"We want to have our careers returned to us and some wrongs (in the department) corrected," Jones said.