Judge Dismisses Firing Lawsuit by Wis. Firefighter

March 08--A judge has dismissed a lawsuit filed by a former Madison Fire District firefighter who claimed he was wrongfully discharged.

Michael Evatz, of Madison Township, filed a suit in 2007 in Lake County Common Pleas Court claiming the department violated his right to union representation when he was fired in March 2006.

Evatz's attorney, Leo J. Talikka, argued the department failed to: provide a written notice of disciplinary action, violated his right to be represented by an attorney of his own choosing and denied his right to attempt to resolve the grievance in arbitration.

Then-Fire Chief Walt Zilke claimed Evatz was terminated for "just cause" and that he forfeited his rights provided by the union's Collective Bargaining Agreement by hiring an attorney to represent him.

Judge Vincent A. Culotta ruled this week that his court does not have jurisdiction over the matter.

Culotta stated the claims can only be heard by the State Employment Relations Board.

"... Madison Fire District maintains that it has presented evidence establishing that Chief Zilke did not preclude Michael Evatz from exhausting the union grievance procedure nor would exhaustion have been futile," Culotta stated in his opinion.

Evatz was asking to be immediately reinstated into his position retroactive to Aug. 25, 2005, with accrued back pay and all benefits restored.

He was also seeking more than $25,000 in damages, a jury trial and attorney's fees.

Evatz also asked that all mention of disciplinary proceedings be removed from his personnel file.

Culotta has ordered Evatz -- who was not available for comment -- to pay court costs.

Talikka and current Fire Chief Gene Lutz declined comment.

Attorney Katherine Hart Smith, who represented the fire district, did not immediately return a phone call.

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