Massachusetts Firefighter Seeks Leave After Drunken Driving Offenses To Save Job

June 7, 2004
A firefighter jailed after multiple drunken-driving offenses is trying to save his job by asking the City Council to extend his current leave of absence
TAUNTON ? A firefighter jailed after multiple drunken-driving offenses is trying to save his job by asking the City Council to extend his current leave of absence.

Veteran firefighter Kevin Duffy wants the council's Fires and Wires Committee to grant him a three-month extension of his original leave of absence.

The committee is scheduled to meet with Fire Chief Thomas C. Downey Jr. on Tuesday to discuss Duffy's petition.

Duffy, who has five previous drunken-driving offenses, is hoping to hang onto his job by extending the leave of absence time long enough that he will be out of jail.

Duffy is asking for the leave of absence under the Fire Department contract, which allows unpaid leaves of absence for a limited period not to exceed three months.

The contract says such leaves "may be extended or renewed, but not so that the total period of the leaves exceeds one year."

Earlier this year, the council voted to give Duffy, 50, of 610 Tremont St., a three-month unpaid leave of absence for personal reasons effective March 14.

Councilman Charles Crowley said he doesn't anticipate the council rejecting Duffy's extension.

"We've granted them before in other cases and there are vacancies in the department," said Crowley.

Duffy's attorney, Michael J. Suneson, said Duffy is trying to save his job.

"He can't be absent from his job without leave," said Suneson.

Last March, Taunton District Court Judge Francis Marini sentenced Duffy to two years in the Bristol County House of Correction.

He was sentenced on a charge of operating under the influence of alcohol, which was reduced and amended from a charge of operating under the influence of alcohol, a fifth offense.

On a charge of negligent operation of a motor vehicle, Duffy was given five years probation.

On a charge of operating a motor vehicle after license was suspended, Duffy was given a 10-day sentence, to be served concurrently.

Duffy was given 46 days jail credit for time already served.

Marini also ordered Duffy to undergo random alcohol screenings, counseling through Alcoholics Anonymous and to stay away from alcohol.

Duffy has been jailed since an off-duty crash in Seekonk on Jan. 24.

Taunton District Court Judge Lance Garth in February ordered Duffy held without bail until his trial. Garth made his ruling following a dangerousness hearing.

Garth ruled that Duffy is a danger to the public based on his past record and the latest charge.

Suneson had appealed Garth's ruling, but New Bedford Superior Court Judge David McLaughlin denied the appeal.

Suneson has argued that Duffy has been a good husband and father and is the sole provider for his four children, who are between the ages of 14 and 21 and live at home.

He said Duffy has been married 25 years and his wife is on disability. He said Duffy has no history of violence.

Downey submitted a letter of support for Duffy, noting that Duffy has a good track record, is highly regarded at work and has had no alcohol problems on the job.

"I've never had a problem with him," said Downey.

Duffy has been on the department since 1987.

The Registry of Motor Vehicles has deemed Duffy a habitual traffic offender and suspended Duffy's license.

Downey said Duffy does not drive fire trucks and his job as a crew member on trucks does not require him to have a license.

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