Fired Calif. Chief Claims Religious Discrimination

STOCKTON, Calif. -- Claiming he was a victim of religious discrimination, former Fire Chief Ron Hittle has filed a wrongful termination lawsuit against Stockton, City Manager Bob Deis and Deputy City Manager Laurie Montes.

But with Stockton's bankruptcy looming, an outcome to the case could be years away, and a scheduled July 2 hearing in federal court in Sacramento might never take place.

Hittle, 49, was fired late last year and has sued for unspecified damages. A trial date has not been set, but even under the best of circumstances, the trial would be unlikely to begin until the latter half of 2013. Hittle's latest legal action comes four months after his firing was upheld by San Joaquin County Superior Court Judge Lesley Holland.

Stockton is in the late stages of trying to reach a mediated settlement with its creditors. If mediation is not successful, the city could declare bankruptcy by month's end -- becoming the nation's largest city ever to become insolvent.

If that happens, said attorneys for Hittle and for Stockton, the lawsuit against the city would be put on hold indefinitely. Attorney Erich Shiners, representing the city, said the case probably would be shelved until Stockton emerges from bankruptcy several years from now.

Attorney Mark Adams, who represents Hittle, said it is possible proceedings could continue against the individual defendants, Deis and Montes. But, he added, "Certainly you don't want to have multiple trials."

A scheduling conference is set for June 25, with another court date July 2 before Judge Garland E. Burrell Jr. At the July hearing, the city will argue for dismissal of six of the nine causes of action in Hittle's lawsuit, but if Stockton has declared bankruptcy by then, it is very likely the hearing will be canceled.

Hittle served 24 years in the Stockton Fire Department, becoming chief in 2006. He was fired Sept. 30 and presented with a long list of findings from an internal investigation.

Chief among the investigation's findings was that Hittle attended a Christian-affiliated leadership conference while he was on duty.

That violated regulations prohibiting employees from attending religiously themed events while on the taxpayers' dime, city attorneys say.

Hittle's attorneys say he attended the conference, paying for it himself, after being told by Montes that he needed to improve his leadership skills and should attend a seminar for training.

"He was encouraged to go to a leadership conference, and this is the one he picked," Adams said. "The city can't unlawfully terminate him because they don't like the one he chose."

In its termination letter to Hittle, the city also argued he was too cozy with union leadership and was soft on discipline.

The letter cited Hittle's failure to disclose his co-ownership of a vacation cabin with City Fire Marshal Matt Duaime and Capt. Dave Macedo, president of the Stockton Professional Firefighters Local 456.

The same letter also said Hittle failed to disclose that a city-paid consultant was Hittle's business partner in building a church school.

Settlement talks have not been held, but neither side has ruled out the possibility of an out-of-court resolution to the case.

Copyright 2012 - The Record, Stockton, Calif.

McClatchy-Tribune News Service