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October 23, 2010 in City
Firefighter suffering déjà-vu
City gives second ‘last chance’ over sick leave violations
A Spokane firefighter who was caught skipping work in 2007 to teach high school will get a second “last chance” and has served a 60-day suspension after violating sick leave policy earlier this year.
The Spokane Civil Service Commission this week voted unanimously to uphold the latest disciplinary action against firefighter James Frederick. He had appealed the new punishment, arguing that mental impairment led him to violate sick leave policy earlier this year.
“The current medical research shows that chronic back pain, diabetes and steroid treatment all cause cognitive problems,” Frederick wrote in a letter to the commission. “I have had all three of these conditions this past year.”
In 2007, Frederick was given his first “Last Chance Agreement” after he was found to be skipping work. According to a city investigation, Frederick was caught after calling in sick on Oct. 10, 2007; that same day, he called a fire station, and the caller ID said Frederick was at Rogers High School.
City officials checked with Spokane Public Schools and discovered that Frederick was substitute teaching that day. They later found that Frederick had taught school as many as 14 times from 2005 through 2007 after calling in sick at the Fire Department.
The city responded by suspending Frederick for 60 days without pay, demoting him from fire equipment operator to firefighter and creating a Last Chance Agreement, which was signed by Frederick and city and union leaders in March 2008. The deal was labeled as “Mr. Frederick’s last opportunity to retain his employment.”
But when the department determined Frederick was violating sick leave again this year, the city opted to give Frederick a second “Last Chance Agreement” because one portion of the first Last Chance Agreement states that further violations would result in discipline “up to termination.”
“It did not specifically say any further violations ‘will’ result in termination; it said, I believe, ‘may’ result in termination,” Fire Chief Bobby Williams told the commission in a hearing on Tuesday. “Because of that technicality, he was given the benefit of the doubt.”
Williams said the new deal is the first time that he can recall an employee getting a second Last Chance Agreement in his 22 years as chief.
“We thought we could sustain a challenge if we needed to, but we were not going to take that risk,” Williams said.
Frederick, who had regained his fire equipment officer title after scoring high enough in a test, will again be demoted to firefighter. He already served his 60-day suspension without pay and is currently on light duty.
City records say Frederick injured his back while fighting a fire in 2009. Frederick, who was paid nearly $83,000 as a fire equipment officer in 2009, said continued problems related to that injury caused him to continue missing work in 2010.
The most recent investigation into sick-leave violations was prompted by the failure to file correct paperwork.
“You stated that you thought the doctor was going to take care of the paperwork,” said a letter from City Administrator Ted Danek that explained the new investigation. “You did not dispute the fact that you were off 10 shifts during 2010 without providing the required documentation.”
In testimony in front of the commission Frederick denied some allegations, saying he always responded to requests for information from staff, and admitted others. He argued that undiagnosed diabetes and other health complications prevented him from following through.
“I’m not contesting that I missed some phone calls during the month of April,” Frederick said. “The only reason I didn’t make those calls was that it was never in my mind to make those calls. My brain wasn’t working properly.”
MAC faces angry crowd 
lewis8457 on October 23 at 6:01 a.m.
teaches school but his mind does not work properly.
hawken on October 23 at 6:03 a.m.
Another example of the “union label”…
richardthelionhearted on October 23 at 6:43 a.m.
I would hate to be another firefighter in a burning house and have to rely on this guy to help protect my life,. He is a danger to others. Bobby (the Fire Chief) I think YOU need that psych test as you are putting others ina very liabilous situation. Something wrong happens, can you afford the lawsuit fromthe other firefighter? Seems like an open and shut case to me!
bdr on October 23 at 9:22 a.m.
Anyone passing up a $300 dollar day at the fire company for a $100 dollar day teaching school is ill……..very ill.
Coffee on October 23 at 10:02 a.m.
James Frederick is a thief and should have been fired.
liarsinnews on October 23 at 10:22 a.m.
How in the hell can Mayor Verner keep this guy? Verner, should fire both the Chief and the culprit firefighter for grand larceny. Williams was an accomplice to the crime.
charlee on October 23 at 10:24 a.m.
Inspires great confidence in our County workers! and Emergency personel.
James is an adult, screw the second chance and hire somebody with etics who wants to work!
Does he have a boss. We hear too many of these wierd stories…
bumblebeetuna on October 23 at 11:40 a.m.
As much as we all love firefighters it is common knowledge that they are seriously overpaid. They get sweet benefits as well. They seriously need to take a step back and realize their pay is inflated. $80k+ a year? Very few in Spokane county are seeing that kind of coin.
Also, this guy should be fired and fired fast. He blew it.
spokanecougar on October 23 at 11:55 a.m.
bumblebeetuna - I have no problem with firefighters getting paid that much. Cops, no, they should be paid crap, firefighters though - as long as they are not losers like this guy - should be paid as much as humanly possible for the job they do and I think they should be paid.
Deermeadows on October 23 at 2:49 p.m.
I love seeing my tax dollars used in this manner. He isn’t thinking properly so he is teaching? He “missed a few phone calls… because his brain wasn’t working properly” and he is charged with protecting our homes and property?
Get this guy out of the public trough - no disability, no pay while he lingers, no back vacation pay, no more paid sick leave and definitely no retirement benefits. He is a liar and a thief and anyone who supports this type of behavior is dipping into our pockets.
I worked for my money and saved for my own retirement. I didn’t look to taxpayers to fund an early retirement for a fake disability. Let’s end this now.
pamelar16 on October 24 at 12:34 p.m.
Deermeadows is right on! This man is not fit to be a firefighter or teach. Time for him to find a new job.