A junior officer with the Monroe County Fire-Rescue Department says he was fired last year for asking his superiors to investigate alleged theft of medical equipment from the county's air ambulance, and for complaining about being singled out for discipline based on his position as vice president of the local firefighters union.
Lt. John Hamburger, 30, who was fired on Dec. 8, said he was let go based mainly on an e-mail he sent to Battalion Chief Chris Musser on Sept. 25 complaining that Musser created a "hostile work environment" for Hamburger and other firefighters at Station 8 on Stock Island.
The e-mail, and more than 100 other communications, were obtained by The Reporter/Keynoter through a public records request submitted to Monroe County. The request was filed after receiving several complaints from rank-and-file firefighters about disparities in how discipline is handed out among members of the department.
Eric Johnson, a Hialeah firefighter and vice president of his union, stated in a Dec. 17 e-mail to Monroe County firefighters that representatives of the Keys chapter of the International Association of Fire Fighters are particular targets of the department's leadership.
"It has been quite evident in the recent past, and all of you are aware, that harassment is almost a daily routine in this department if you are a union member who has filed a grievance or [are] a representative," Johnson wrote.
Hamburger is fighting his firing with representation from the International Association of Fire Fighters union. A magistrate chosen by the union and the fire department will hear the case. No date has been set for a hearing. He served as a firefighter and paramedic for six years.
Chain of command
In the e-mail, Hamburger complained that Musser questioned his crew without his knowledge regarding an incident on Aug. 16, 2011, in which Musser said Hamburger caused a delay in responding to an auto accident. Hamburger viewed the questioning of his crew as a violation of the chain of command.
"Even if I am the one under investigation, as the officer in charge that day, I should not have been omitted," Hamburger wrote.
Hamburger said this was the second time Musser violated department standard operating procedure regarding chain of command. Hamburger said that earlier that year, Musser asked him to e-mail an explanation of an incident that happened on Feb. 24. Hamburger said he was not the officer in charge at the time and should not have been questioned about the incident. Hamburger was not promoted to lieutenant until March 2011.
In the same e-mail, Hamburger accused Musser of "covering up" allegations that a crewmember of the TraumaStar helicopter ambulance stole medical equipment from the aircraft hangar in 2010. Hamburger said he was the one who first reported the alleged incident and asked for an investigation, which he said angered Musser, who is the officer in charge of TraumaStar.
"Openly, too many department employees have witnessed you denigrating my leadership as vice president for the union and its members," Hamburger wrote. "Particularly the way I handled the investigation and allegations that were made" against the TraumaStar crewmember.
On Oct. 11, 2011, Musser wrote a letter to Fire Chief James Callahan saying Hamburger's e-mail was "inflammatory" and grounds for termination.
"Sir, with all due respect, I would like to formally request that charges be brought against Lt. Hamburger of conduct unbecoming a fire officer, insubordination and [defamation] of character towards me, his superior officer," Musser wrote.
Chief doubts evidence
Callahan and the other senior officers went to work to make a case against Hamburger. But a Nov. 3 e-mail from Callahan to Gary Boswell, deputy chief of operations, indicates Callahan was not initially confident that Hamburger's e-mail justified his firing.
"Gary, the allegation is still the same as before that we spoke about?" Callahan asked. "That he e-mailed alleging Musser wrongdoing and didn't follow procedure? I still have strong concerns that this will be a problem in the hearing. Is there anything better that could be said, or at least delete that part saying he didn't follow procedure? I just foresee this will become the issue, instead of the e-mail being inappropriate."
Callahan said in an interview this week that his question to Boswell did not mean he did not believe Hamburger's e-mail wasn't sufficient enough to prove insubordination and misconduct. He meant that Boswell should "bring up other instances that happened in the past."
Of Hamburger's e-mail to Musser, Callahan said, "I have never seen anything like it in my 40-plus years as a firefighter."
"It was pretty much the final deal. He said in it that he refused to work for his superior officer or anyone else," Callahan said.
No where in the e-mail does Hamburger say he refuses to work with Musser or anyone else in the department. Instead, he tells Musser the e-mail will serve "as my last official communication with you." He also informs Musser that he will make a request for an investigation into Musser's treatment of Hamburger and other union members.
"I will immediately ask the department to investigate these incidents and your inappropriate behavior. I request that you discontinue harassing me and speaking poorly about your fellow firefighters and union members," Hamburger wrote.
The e-mails released to The Reporter/Keynoter make it clear there were other times the battalion chiefs felt Hamburger's actions were inappropriate and insubordinate.
Battalion Chief Alvin "Cab" Bentley wrote the denial of Hamburger's initial grievance to appeal his termination. In the Dec. 23 letter, Bentley brought up three incidences -- one in 2008 and two in 2009 -- that he said demonstrated a "history of insubordinate behavior" on Hamburger's part.
But it is unclear from the e-mails and letters why then Callahan promoted Hamburger to lieutenant in March 2011 -- less than two years after Bentley said Hamburger was given a written warning for violating county "policies and procedures."
Callahan said he promoted Hamburger to "give him an opportunity."
"I was trying to do the right thing at the right time. He met the minimum requirements, and he had not been disciplined in the last 12 months," Callahan said.
"It didn't work out as well as I had hoped."
Theft investigation
Regarding the alleged theft of medical supplies from TraumaStar, Callahan told The Reporter that an investigation was conducted and there was no evidence anything was stolen.
"I must have told him that 20 times that this has been handled, but for some reason he wouldn't get it out of his craw," Callahan said.
According to Boswell, the allegations were investigated by county Medical Director Dr. Sandra Schwemmer. Boswell wrote an e-mail to Hamburger on Jan. 12 denying a public records request regarding the investigation. Boswell said the incident, "once reported to the battalion chief, was found to involve a potential patient."
"As this was a quality assurance issue, [the crewmember's] records are a statutory exemption from the Florida Public Records Act."
Copyright 2012 - Florida Keys Keynoter, Marathon
McClatchy-Tribune News Service
