1. #1
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    Default Battle of the Badges on Route 80

    Clipped from the NJ Daily Record on November 28, 2006
    ===========================================

    Battle of the badges on Route 80
    Trooper arrests Rockaway Twp. fire official after crash-scene dispute

    BY JIM NAMIOTKA
    DAILY RECORD

    7 Comments
    ROCKAWAY TWP. -- A deputy fire chief was arrested and held in handcuffs for two hours Sunday night following an argument with a New Jersey State Police trooper after the firefighter refused to move a fire truck that was blocking the right lane of Route 80.

    Robert Jenkins, 50, deputy chief of the Rockaway Township Fire Department and a 23-year veteran of the Picatinny Arsenal Fire Department, was charged with disobeying a state trooper and disorderly conduct after arguing with the trooper at the scene of a rollover crash. The accident was off the westbound lanes of the interstate, near milepost 36, shortly before 9 p.m. A second firefighter who drove the truck also was ticketed following the dustup.

    Arriving at the scene of the crash, Jenkins said he ordered the truck to park diagonally across the right travel lane to create a safety buffer for emergency crews and police responding to the accident -- a move he said was in line with state policies designed to protect emergency workers.

    But state police said their trooper ordered the fire truck onto the shoulder because it was a danger to oncoming westbound traffic.

    In the end, Jenkins wound up handcuffed to a bench in a tiny holding cell at the state police Netcong barracks. He is scheduled to appear in municipal court on Thursday.

    "It was like I murdered somebody; they kept me cuffed in there for two hours," Jenkins said on Monday.

    Both sides said Monday that safety was a top priority at any highway accident scene. But it was the argument over proper procedures -- described as loud and hostile, with each side accusing the other of being the aggressor -- that led to the 30-year firefighter wearing handcuffs.

    A minor mishap

    The actual accident occurred around 8:45 p.m., when a westbound Nissan Maxima lost control, winding up on its roof in a wooded area about 30 feet off the highway. Its driver was already out of the car by the time state police arrived, complaining of pain but showing no obvious injuries. The driver later was treated and released at St. Clare's/Dover General Hospital, police said.

    State police called for a first aid squad, but not the fire department. However, both ambulance and fire crews were dispatched to the scene.

    Rockaway Township firefighters arrived with a heavy rescue truck, a fire engine and an incident command vehicle. When fire crews arrived, state police cruisers and an ambulance were already there, parked on the shoulder. Jenkins ordered the heavy rescue truck to block the right hand lane, giving the rescue workers a buffer from passing cars and tractor-trailers as they worked.

    According to Jenkins, that is in line with policies adopted earlier this year in Morris County -- but already widely practiced across the U.S. -- that are designed to protect emergency crews responding to highway crashes. The policy was written after several New Jersey highway workers were injured or killed along roadsides in recent years.

    Without the buffer, police and firefighters, even on the shoulder, may be working just a few feet from traffic whizzing by at 60 or 70 mph.

    An argument is born

    "My responsibility is to the men of the (fire) department,"Jenkins said. "And this is the way I wanted to protect them. It was Sunday night, and traffic was light, so it wasn't like we were blocking traffic that much."

    Troopers on the scene disagreed.

    Soon after Jenkins ordered the fire truck's driver, David Bell, to block the right lane, Trooper Kevin Fritz ordered the truck moved. Jenkins told the driver to leave the truck where it was, and the argument ensued.

    Ultimately, all vehicles were moved to the shoulder.

    According to Maj. Matthew Walker, North Jersey commander of the state police, the trooper determined that the blocked lane was a danger to passing vehicles -- particularly because there were no cones or flares placed east of the truck to warn approaching drivers that the lane was blocked and to ease traffic to the left.

    1 policy, 2 views

    And that, state police said, is in line with the same policy cited by Jenkins, which calls for advance warning of lane blockages to motorists and, above all, gives state police the final say at any accident scene on a state highway.

    "Our troopers on the scene are concerned with the public safety," Walker said. "Basically, the troopers tried to take care of an unsafe situation."

    That's where the story splits, however.

    Jenkins said Trooper Fritz was "irate" and "lost his cool,"while he remained calm. State police called Jenkins "hostile and argumentative," insisting their trooper handled the situation properly, even waiting until Jenkins had wrapped up his duties before placing him under arrest.

    Madison Fire Chief Douglas Atchison, who chaired the committee that wrote the "blocking" policy for Morris County, said the local guidelines are based completely on standard procedure for highway crashes around the country. He would not comment directly on Sunday night's incident, but said both sides appeared to have had safety in mind.

    "There's too many emergency responders killed or injured when operating in or near traffic," Atchison said Monday. "The whole premise is that it's the secondary accident that's going to be a killer."

    Point of agreement

    "It's a shame it had to get to that point," he said.

    Both Rockaway Township and state police officials agreed on that point, too, even while defending their people.

    "Safety is a major concern for the fire department," Rockaway Township fire chief Joe Mason said. "We weren't just arbitrarily on the highway with cars going 70. You're within six feet of these cars. Once somebody gets killed on the highway, though, it's too late to say we should do something about this."

    "We have to have a better rapport with these troopers. Do we feel they did something horribly wrong? No," Mason said. "That's why they have courts, I guess."

    Capt. Al Della Fave, a spokesman for the state police in Trenton, had similar things to say.

    "You can't have vehicles stopped in the motoring lanes on Route 80. You just can't do that -- that was the bottom line for our troopers, the fear that that fire truck was going to be struck unnecessarily," Della Fave said. "We're all in the public safety business here."

    Going to court

    Jenkins is scheduled to appear at 4:30 p.m. Thursday in Rockaway Township municipal court. Mason said the fire department will consult with township attorneys before deciding its next step.

    Although Mason and the commander of the state police barracks in Netcong spoke early Monday morning, when Mason arrived to take Jenkins home, Walker said the charges against Jenkins would stand.

    Bell, the heavy rescue truck's driver, also was issued citations for disobeying a state trooper and for operating a vehicle without his driver's license -- which he left in his pants at the fire station when he changed into his turnout gear.

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    Default Route 80 madness

    Bell, the heavy rescue truck's driver, also was issued citations for disobeying a state trooper and for operating a vehicle without his driver's license -- which he left in his pants at the fire station when he changed into his turnout gear.

    ---------------------------------------------------------------------

    How many of us wake up in the middle of the night and just get dressed and grab our gear and go....if I realize I forget my wallet I don't drive home or back to the station to get it.

    I couldn't explain to the patient that I had to delay care because I forgot my wallet and I couldn't look myself in the mirror if that person died because I drove back to get it.

    Adding the citation of not having the license was just cake to the trooper on top of disobeying an "not so smart" order.

    Sounds like a turf battle to me on I-80. Would you rather have a car crash into a firetruck or right into your incident scene.

    All our highway calls the more equipment the better to block lanes and create that buffer zone. Also why did they just call for first aid? We always run an engine also to cut the battery cables and in case the patient needs to be flown to a trauma center.

    Why not mention to the chief to set up flares or cones?

    Now its going to be battled out in court. What a waste of your tax dollars.

    Bad cop...no doughnut.
    Last edited by professorduck; 11-28-2006 at 10:23 AM.

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    Default Need a change of policy/law

    In New Hampshire, by statute, when fire and police are both involved in an emergency response, the command goes to "the fire chief, fire officer or senior engineer".

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    Default It is unfortunate

    Here in NJ we are woefully behind the times when it comes to responder safety. There have been numerous attempts by Fire Departments in a couple of counties to get the State Police to listen and act. There is such resistance and arrogance within the NJSP that we are at best tolerated at worst ignored.

    There are NO standards or guidelines that are used by the State Police with any consistency. It comes down to which trooper you get on scene. Sometimes they will let you shut down a lane, other times they wont.

    I am sorry to say that I have been that Fire Chief who has extinguished a camper fire on the shoulder with NO lanes closed. Our engine chaffeur was basically standing on the white line between the slow lane and the shoulder. The trooper would not allow us to shut the lane. This was also a sunday night at midnight. His response was, "there's not much traffic".

    When pressured the NJSP supervisors always blame the DOT and their statistics for lane closures. The other excuse is that they are worried about distractions and causing secondary accidents.

    Unfortunately, it will take a death to get action. I'm so frustrated that I would like to see other Chiefs in the county just put their foot down and refuse to respond to calls on Route 80. If we all threatened to stop responding, they would have to listen.

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    Default

    Jenkins is scheduled to appear at 4:30 p.m. Thursday in Rockaway Township municipal court. Mason said the fire department will consult with township attorneys before deciding its next step.

    I will be there and I hope all the Brothers in the Morris County area
    will show up to support Chief Jenkins and FF Bell.

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    Default

    Quote Originally Posted by Dashman
    Jenkins is scheduled to appear at 4:30 p.m. Thursday in Rockaway Township municipal court. Mason said the fire department will consult with township attorneys before deciding its next step.

    I will be there and I hope all the Brothers in the Morris County area
    will show up to support Chief Jenkins and FF Bell.

    I hope enough of us show up so that they have to hold court in a bigger room, that'd make a point. I'm still apoplectic about what happened....

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    Default New Jersey

    As in the State of Massachusetts, we think we are in charge of an incident. I have seen my Fire Chiefs have the State Police and City Police tell us what they want us to do. And guess what we go out of the way and do it, because alot of book Chiefs, not FIRE Chiefs have no glue what the hells going on any more. In my town first arriving unit will report NO fire hazard exists, what the hell could that mean, think about it, we are the fire department and NO FIRE HAZARD exists here, hey, what about injuries, intrapment and of course fluids. My next question why did we even send fire, if NO FIRE HAZARD, this is what the Chief wants.Give a cop a hard time at an incident and you will be arrested, because they did there thing they got victim,s name and date of birth. I have personaly seen police threaten to lock Firefighters up, at incidents. So who's in charge??? Just think about it NYPD and FDNY, turf battles. I thought a cops job was to PROTECT and Serve, my job as a Firefighter is to prevent fires and SAVE LIVES, is it anymore? Now in Massachusetts, when we have a motor vehicle accident we send apparatus to help injured or trapped people, involved in the accident, but wait what about hazardous materials battery acid, gasoline or what ever else, got to dike, clean up speedy dry what ever, Coast Guard watching for you to flush down, then they react. But let a cop tell you there all set with gas and fluids all over the road. Coast Guard has blind eye. We as Firefighters are being beaten over the head by every agency who has political clout. Because our bosses have rolled over, So to the Chief in Rockaway, good job, and good luck, AND STAY SAFE OUT THIER.

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    Default License

    Quote Originally Posted by professorduck
    Bell, the heavy rescue truck's driver, also was issued citations for disobeying a state trooper and for operating a vehicle without his driver's license -- which he left in his pants at the fire station when he changed into his turnout gear.

    ---------------------------------------------------------------------

    How many of us wake up in the middle of the night and just get dressed and grab our gear and go....if I realize I forget my wallet I don't drive home or back to the station to get it.

    I couldn't explain to the patient that I had to delay care because I forgot my wallet and I couldn't look myself in the mirror if that person died because I drove back to get it.

    Adding the citation of not having the license was just cake to the trooper on top of disobeying an "not so smart" order.

    Sounds like a turf battle to me on I-80. Would you rather have a car crash into a firetruck or right into your incident scene.

    All our highway calls the more equipment the better to block lanes and create that buffer zone. Also why did they just call for first aid? We always run an engine also to cut the battery cables and in case the patient needs to be flown to a trauma center.

    Why not mention to the chief to set up flares or cones?

    Now its going to be battled out in court. What a waste of your tax dollars.

    Bad cop...no doughnut.
    Here in Michigan the law doesn't require us to have our drivers license
    on us if we are responding to or from an emergency scene.

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    Default Express Your Thoughts to NJ Governor Corizine

    Send your comments on this incident to Governor Corzine of New Jersey http://www.state.nj.us/governor/govmail.html It's unbelievable that in the post 9-11 era, agencies can't work together on a simple emergency scene. It is a national embarrassment to his State Police and their judgment that they would arrest a fire chief officer who was protecting an emergency scene and his crews while rendering aid and actively mitigating hazards.

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    Default

    Wouldn't "working together" mean that both the FC and SP would have agreed on an action?
    "This thread is being closed as it is off-topic and not related to the fire industry." - Isn't that what the Off Duty forum was for?

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    Smile NIMS Anyone

    I thought that ALL Public Safety Agencies were required to be complinate with NIMS, to recieve funding in the near future. Fire Agencies in this area need to investigate whether NJSP are compliant. It does not sound like they were on this incident. NIMS REQUIRES that ALL Public Safety Agencies work together on ALL incidents big and small.

    I wonder if the trooper's name was Barney?..........

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    Quote Originally Posted by chief6400
    work together
    That is the key.

    I asked before, for the NIMS fans (that actually believe in that system)...what happens when the Unified Command is not unified? Then what?


    (I'll give you a hint...the police arrest the fire chief)
    "This thread is being closed as it is off-topic and not related to the fire industry." - Isn't that what the Off Duty forum was for?

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    Quote Originally Posted by Bones42
    I asked before, for the NIMS fans (that actually believe in that system)...what happens when the Unified Command is not unified? Then what?

    (I'll give you a hint...the police arrest the fire chief)
    Good point, good question... usually it involves compromise. Well, we all know that there will be no compromise with the NJSP. I would settle for at least being included in the plan. Many times I hear about what is going to happen (like a NJSP medivac landing on the highway) as it happens.

    That said, I believe in NIMS/ICS, but it has to be embraced and practiced by those involved. We all know that the SP follow SPIMS, here in NJ.

    LOL

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    anyone know how this ended? SDnR

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    I guess we are pretty lucky here. We have really never had a problem with shutting down the limited access highway here. The CT State Police assigned to my area are great to work with and have no problem in shutting down a lane. We always try to open up the lane as fast as possible. It's all about a little give and take. The only issue we ever with the had with the CSP involved a personality conflict between one of my captains (now retired) and just about anyone else who arrived on scene.

    We had an LODD of a police officer at a traffic stop in the early 1990's. The local LEO's who were on then have no problem with us shutting down a road for an MVA.
    -------------------
    "The most mediocre man or woman can suddenly seem dynamic, forceful, and decisive if he or she is mean enough." from "Crazy Bosses"
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    Default Stay in the house and cook somethin'

    Quote Originally Posted by ChiefKN View Post
    Well, we all know that there will be no compromise with the NJSP. I would settle for at least being included in the plan. Many times I hear about what is going to happen (like a NJSP medivac landing on the highway) as it happens.
    Hmmmm lets get this straight. NJSP and NJSP Helo Medivac, and they need FD?
    And why would this be?

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    Default

    How do you not know a helo is coming? If EMS requests it before we arrive we are notified or we discuss it on scene. PD generally does not request a helo, again if they do it goes through fire communications. When we do get southstar they talk directly to us on the SJ Net frequency but do notify the Troops on the 800 radio

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    Quote Originally Posted by AflackQuack View Post
    Hmmmm lets get this straight. NJSP and NJSP Helo Medivac, and they need FD? And why would this be?
    Actually that is the medevac's policy. They request us. Although, I guess the trooper can throw their little fire extinguisher god forbid something happen or perhaps they can shoot at it.

    Wow... you come up with the weirdest stuff on this board and others.

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    Default Case postponed until Jan 31

    I just read that this case was postponed until January 31.

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    Hey gang!
    I've been following this story, since it is of great interest. In regard to this incident, the vehicle went off the road into a ditch. NJSP arrived on scene and requested EMS ONLY. The FD was never requested by NJSP. The driver signed an RMA and the EMS crew was returning to their rig when the FD arrived and setup their apparatus in the way to create the buffer. In this situation, it was not necessary. Everyone was going on their merry way. This was one instance where the FC was wrong. All of it was on the Tropper's video, including audio.

    As for PD not shutting down lanes, all you need to do is ask them. If they refuse, return your apparatus until they shut the lane down. Stay safe all!

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    Default Are you talking about the right call?

    #1 - it's already been determined that the EMS in that area is part of the FD. Therefore, you don't request 1 or the other, they come as one.

    #2 - there's reports of the patient being wheeled on a stretcher close to the road due to positioning of vehicles. If they signed a RMA, they would not have been transported at all.

    #3 - if the vehicle was in a ditch, how did the Trooper know FD was not needed? Was he able to visibly see there were no fluids leaking or anything of that nature? Can I get a pair of his special glasses that would allow that visibility in a ditch?

    If they refuse, return your apparatus until they shut the lane down.
    That would be borderline "abandonment".
    "This thread is being closed as it is off-topic and not related to the fire industry." - Isn't that what the Off Duty forum was for?

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    Quote Originally Posted by boxcom View Post
    Hey gang!
    I've been following this story, since it is of great interest. In regard to this incident, the vehicle went off the road into a ditch. NJSP arrived on scene and requested EMS ONLY. The FD was never requested by NJSP. The driver signed an RMA and the EMS crew was returning to their rig when the FD arrived and setup their apparatus in the way to create the buffer. In this situation, it was not necessary. Everyone was going on their merry way. This was one instance where the FC was wrong. All of it was on the Tropper's video, including audio.

    As for PD not shutting down lanes, all you need to do is ask them. If they refuse, return your apparatus until they shut the lane down. Stay safe all!
    Your information is not accurate. I would say you are about 10% correct in regards to the accuracy, as a matter of fact.

    Read back through the various threads and see where you are wrong.

    Thanks

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    Default Charges dismissed!

    01/31/07 - Posted from the Daily Record newsroom
    Charges against Rockaway firemen dismissed
    BY ROB JENNINGS
    DAILY RECORD
    LINCOLN PARK -- Charges were dropped today against two Rockaway Township firefighters after both apologized to a state trooper and agreed they should not have questioned his authority at a Route 80 accident scene last November.

    Township Fire Chief Robert Jenkins and Firefighter Allen Bell shook hands outside of court with state trooper Kevin Fritz after the hearing that had been moved from Rockaway Township to Lincoln Park because the firefighters hometown was paying their legal bill.

    "I'd like to apologize to Officer Fritz for my actions that night," Jenkins said in court before the judge. "I believe my emotions got in the way during that incident."

    The judge agreed to a request from the prosecutor to dismiss the charges against both men.

    "Whether or not the state police are right or wrong... usually when an officer gives a directive, you have to follow it." Municipal Court Judge Andrew Wubbenhorst said in statements leading up to his announcement that charges were dismissed.

    Jenkins had been charged with disobeying a state trooper and disorderly conduct in connection with the Nov. 26 dispute. Bell was cited for disobeying a state trooper and for operating a vehicle without his driver's license, which he had left behind while changing at the fire station.

    Jenkins, in previous interviews, said he was only trying to shield first responders at an accident scene from oncoming traffic when he ignored Fritz' order to move a fire truck.

    State police countered that there were no cones or flares by the fire truck to warn approaching motorists and that Fritz did the right thing in ordering it be moved.

    This was the first hearing in the case since it was transferred out of Rockaway Township. Jenkins was deputy fire chief at the time of the incident. He became fire chief on Jan. 1.

    For more on this story, see tomorrow's Daily Record.

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    Glad to see they were dismissed, but screw apologizing for it. The cops should own up to their trooper's "Big Head" attitude as well. It should have been dismissed based on the fact that both parties could have done better.

    Sounds like to me that maybe the FD didn't need to be there. On the flip side, the po-po can get all fired up when it comes to authority over firefighters. Those issues have been around for years.

    I too, after all, was arrested for the same thing in Virginia on I-95 by a trooper. The screwed up part about ours is that the vehicle was a minivan, overturned, with a FDNY firefighter entrapped. The ambulance was parked on the shoulder when we arrived, but was sticking out in the lane, so I blocked the lane. I was told to move it or a tow truck would be called, I said no, got thrown across the hood of his police car, and damn near got pepper-sprayed. It was absolutely insane. He and I were the only ones that were involved and no one else could hear what was said. He says I called him an MF'er, and I swear on my mama's life that he is lying, I never cursed him. I just told him to move it himself or call a tow truck. I knew he couldn't do it because it was a Mack double-clutch stick shift. That's when he got all badgy on me and used the "you cursed me" trick.

    Long story short, I got it expunged thanks to the help of another trooper that is now a volunteer with our station. The original trooper was sent north to bad cop school, I think.

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    Quote Originally Posted by Bones42 View Post
    That would be borderline "abandonment".
    maybe, maybe not. one could argue that without the lane/road closed, the scene is unsafe.

    similarly, if you respond to a chest pains, and when you start treating the patient, you note two of the bystanders have guns in their waistbands, would you not be within your rights to retreat to safety? that wouldn't be abandonment, would it?

    I know the not closing of the lane isn't as cut and dry as a weapon on scene. but if push comes to shove, I bet you can make it a valid argument against it being abandonment.
    If my basic HazMat training has taught me nothing else, it's that if you see a glowing green monkey running away from something, follow that monkey!

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