Fla. Firefighters in Lawsuit Must Take Psych Tests

Sept. 20--TAMPA -- Two Pasco County firefighters who are suing the county must submit to psychological evaluations before returning to work, a federal judge ruled today.

Attorneys for Anthony Booth and Jerry Brown filed an emergency motion for a temporary injunction Sept. 2, two days after the men reported to work and learned the county was requiring them to take fitness-for-duty tests.

Booth and Brown contend they were told to submit to the tests or face termination. They argued that the tests were mandated in retaliation for a civil rights lawsuit they filed against the county in 2009.

In requesting the injunction, the men hoped U.S. District Judge James Moody would revoke the county's order. One of their attorneys, Janet Wise, argued that the decision for the evaluations was premature and intrusive.

But Moody declined, saying the men's positions as first responders make their mental health paramount and a matter of public welfare. He also declined Wise's request to have the evaluations videotaped to safeguard her clients.

In their civil rights lawsuit, Booth and Brown accused Pasco Fire Rescue Capt. Mark Bodden, who was their supervisor at Station 14, of racial and religious discrimination as well as retaliation.

Booth, a firefighter/EMT, is Hispanic. Brown, whose wife's family is Jewish, is a driver/engineer.

An internal investigation into the men's complaints found that Bodden had violated at least nine county policies. He was transferred and ordered to enroll in anger management and diversity training.

Booth and Brown are not allowed to return to work until cleared by the evaluations. Court documents indicate the men are required to use any vacation or sick time while they are not working.

In affidavits filed as part of their civil rights case in July, Booth and Brown said they felt threatened by their co-workers and stressed because of the lawsuit.

Both indicated they lacked trust in their colleagues because of the lawsuit and that they could be killed if someone turned off a hose while they were fighting a fire inside a building, according to court documents.

At today's hearing, Tracey Jaensch, an attorney for the county, said those statements prompted the county to order the fitness-for-duty tests. Retaliation had nothing to do with the decision, she said.

"The county has a duty to the public," Jaensch said. "This is not a litigation strategy. It's an operational requirement."

The civil rights lawsuit also alleges that at least one of the two men was passed up for a promotion, got transferred against his will to another station and was marked down on evaluations because of their complaints.

Booth and Brown said they went to their union for help but were turned away. The International Association of Firefighters Local 4420 posted a bulletin board announcement warning members that dues likely would increase as a result of the "frivolous" lawsuit.

The Equal Employment Opportunity Commission found that the bulletin board notice violated the men's civil rights and that the county was equally responsible because it allowed the notice to be posted on county property.

The union is also a defendant in the lawsuit, which is set for trial in December.