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HomeMy Public PortalAbout12-19-1972 - Denton Hearing BOARD OF PUBLIC WORKS & SAFETY HEARING FOR RONALD DENTON DECEMBER 19, 1972 9:30 A.M. CHARGE: NEGLECT OF DUTY This charge has been brought for the reasons that: 1 . It is alleged that you were late to work on November 19, 1972-- without calling in prior to being late. 2. It is alleged that you were in Dayton on November 19, 1972 when your name was not on the Report Out of Town Book. 3. It is alleged that you were late to work on November 19, 1972 by approximately seven hours and fifty minutes. Ronald Denton stated he understood the charges. Captain Jack Cruse, Station #2, "A" Platoon, Richmond, Indiana stated the following: He arrived at work on November 19, 1972 between 6:30 a.m. and 7:45 a.m. General duties at Fire House for Platoon "A" includes training in the house and see that things run smoothly. Three fire fighters were present when he arrived which included one from the outgoing shift. Miss Wynegar: Did you receive a phone call between 6:30 am.r:,and 7:00 a.m. from Mr. Denton. Capt. Cruse: No, but it was reported to me that Dave Harbin called in sick. I received no calls prior to 7:00 a.m. At this time, Miss Wynegar advised Mr. Denton of his right of object, and also of his right to object to anything previously asked. Miss Wynegar; At this time, you., knew that Dave Harbin would not be in, this was prior to 7:00 a.m. Capt. Cruse: "Yes". IIIMiss Wynegar: From 7:00 a.m. to 7:20 a.m. , how many firefighters were there? Capt. Cruse: There were two present at 7:20 a.m. After the roster check, I called Tom Parker, Battalion Chief, and he sent Al Bowen down to help out. Miss Wynegar: As the morning progressed, did you receive any phone calls? Capt. Cruse: A call came in at ten minutes until 9:00 a.m. to report Ronald Denton called in adn said he was somewhere between here and Dayton, Ohio. That he had car trouble and couldn't get to a phone. I related this information to Chief Barker. 0 Miss Wynegar: Did you receive another call from Mr. Barker? Capt. Cruse: Yes. I received a call from him after reporting Mr. Denton had called in. Mr. Barker checked the OUt of Town Roster to see if Mr.- Denton's name was on it. Miss Wynegar: What is the general rule for being late? Capt. Cruse: The general rule is that if you are sick you call in before 7:00 a.m. and check with your Captain or the Dispatcher. Then whe roster is put out, it is known who will be absent. If something happens on the way to work you call Dispatcher immediately. Miss Wynegar: When did you first see Mr. Denton? Capt. Cruse: Approximately ten minutes until 3:00 p.m. When he called from Dayton he said he wasn't leaving his car there. Mr. Judge: Who sends out roster check at 7:00 a.m. Capt. Cruse: Roster check is taken, then person who is on duty is called. Mr. Benner: In a case like this, who assumes Engineer's duties. Capt. Cruse: Another man is sent as soon as possible. I take him out and train him so that in case of an emergency he can do the job.* * All Fire-fighters are trained. Page 2 DENTON HEARING Miss Wynegar: What time did Mr. Denton report in? Capt. Cruse: Mr. Denton came to work at 2:45 p.m. Battalion Chief, Tom Barker - Fire Fighter, Richmond, Indiana Miss Wynegar: What are your basic duties. Mr. Barker: I am in charge of all fire-fighters personnel . Miss Wynegar: At what time did you arrive for work on the day in question? Mr. Barker: Approximately 20 minutes until 7:00 a.m. Miss Wynegar: Did you receive a call from Capt. Cruse on the morning in question. Mr. Barker: Yes, approximately 7:00 a.m. Miss Wynegar: What did you do when you received the call . Mr. Barker: I made arrangements for some other man to go to #2 so they would have enough to work. Miss Wynegar: Did you receive another call from Capt. Cruse. Mr. Barker: Yes , approximately ten minutes until 9:00 a.m. Mr. Judge: What did you do at ten til 9:00 a.m. Mr. Barker: Nothing, just made report. Then checked the Out of Town Book to see if Mr. Denton had reported Out of Town. First disptacher said he knew nothing of it. Second dispatcher said he had heard from Denton that he was leaving town and going to Dayton. Miss Wynegar: Did Fire-fighter Denton report on November 19th? Mr. Barker: Yes, in the afternoon, approximately 2:50 p.m. Miss Wynegar: What is the general rule for reporting in if you are going to be late? Mr. Barker: The man would call in and say he is going to be late or off sick that day. Miss Wynegar: Is this limited by extreme emergencies? Mr. Barker: Normally, a man would call in7and if there was no way he could be there by 7:00 a.m. he would be excused. Mr. Judge: What is the time of duty of the first dispatcher? Mr. Barker: They work twelve hour shifts 7:00 to 7:00. Both were called to see if he had reported. David White was the one who failed to record this. Mr. Benner: Was this neglect of duty? Mr. Denton: I went in and was talking to White around 3:30 p.m. or 4:00 p.m. November 18th and told him I was going to Dayton. We talked for a while and he probably forgot to report this. Mr. Barker: The dispatcher gave me the understanding that he did come in to report Out of Town, but he failed to record it. Marion Williams - Assistant Fire Chief of Richmond, Indiana. Miss Wynegar: Are you acquainted with Ronald Denton? Asst. Chief Williams: Yes. Miss Wynegar: Has Ronald Denton ever been suspended before? Page 3 Denton Hearing Asst. Chief Williams: Yes. One day in 1971 and five days in 1972, reprimanded November 19, 1972. Miss Wynegar: State the general rule for calling in prior to being late. Asst. Chief Williams: They usually call in when they are going to be late. Mr. Judge: For the record, what other times was he suspended? Asst. Chief Williams : One day suspension in 1971 for being late reporting in four III times. Five days suspension on September 14, 1972 charge of being late reporting for duty four times. Miss Wynegar: Were you on duty November 19, 1972. Asst. Chief Williams: No. Mr. Benner: Is the rule that after three reprimands the fourth time you come before the Board? Was this the fourth time since September he was late again? Asst. Chief Williams: He was late September 14, 1972 and November 19, 1972. Mr. Benner: For what reason is he brought before this Board without being given three reprimands? Asst. Chief Williams: Being late without calling in. Fire Chief William H. Berry - Richmond Fire Department. Miss Wynegar: You have heard the previous record of Fire Fighter Denton? Chief Berry: Correct. Miss Wynegar: Would you explain the rules about calling in late. 111 Chief Berry: You report to the Captain, sometimes the Captain and dispatcher. After three reprimands, you are brought to the Board of Works . If late again in the same year, we do not wait but take it on to the Board of Works. They automatically come before the Board if it happens more than once in the same year. I was Chief when this rule was set. Miss Wynegar: What is the emergency rule? Cheif Berry: If you have an accident on the way, as on May 10, 1972 Denton had a flat tire and the police notified Battalion Chief. He was eleven minutes late which was an excused absence. The rule is if you are late, you would call within fifteen minutes or as soon as possible. Miss Wynegar: The purpose of this rule is so that a replacement can be called. Chief Berry: Before I was Chief, there were no reprimands. Mr. Judge: When was Dentin hired? Chief Berry: January 1 , 1967. Mr. Denton: I never talked to Battalion Chief Barker before being called in before the Baord. I told him I was not going to abandon my car in the middle of IR-70. I have never been questioned before being brought in here. II Miss Wynegar: Jack Cruse was by himself for fifty minutes? Chief Berry: No, there was a replacement for Dave Harbin. Miss Wyengar: the point of the rule is to get someone there to be in the fire house. Chief Berry: There is alwasy another man standing by from another shift. Page 4 Denton Hearing Ronald Denton: I went to the dispatcher's office between three and four p.m. November 18th, and reported I was going to Dayton that evening. On the way back from Dayton, the electrical system went out on the car completely. At that time, I called D. White at home and asked him to come and get me. White couldn't come. In the meantime, the man working on the car said it was O.K. I started home and the car stopped in the middle of IR-70. A man came along in a truck to help. I asked him to send back help. I to ld him to send a wrecker. This was between 4:00 and 4:30 a.m. The wrecker came and said the charge to go to Richmond was $54.00 and to go back to Dayton was $18.00 so I had the car taken to Truck Stop at Dayton. No-one else stopped. I came back to work next day and had car fixed. Mr. Judge. Since there were four people in the car, couldn't someone have called in. Mr. Denton: I never had a chance to talk to the Chief ori;anyone before being brought before the Board. Mr. Benner: You question whether or not you should be here. I think you should understand that this was enough reason being that your record shows lateness before. Mr. Denton: I thought I should have the chance to explain. Mr. Benner: What was your next scheduled day off? Mr. Denton: Monday. This occurred on Sunday. Mr. Judge: the pickup stopped at 4:30 a.m. on November 19th. The wrecker arrived after 7:00 a.m. and it was 8:45 a.m. when you called in. How often do you go out of town before your duty days. Mr. Denton: I go to Dayton quite a bit. I 'm not married so I probably go more often than I would otherwise. Miss Wynegar: Do you want to call in White for any reason? Mr. Denton: No. I could have had White call in, but I thought the car would make it back to Richmond. Miss Wynegar: Recommend taken under advisement. Mr. Judge: How important is your job as a fire-fighter to you? Mr. Denton: It is my livelihood, my profession, my retirement and doing something for others. Adjourn until 4:00 p.m. Con't. 4:00 p.m. Miss Wynegar: What time did you leave for Dayton? Mr. Denton: I left Richmond around 9:00 or 9:30 p.m. Wynegar: Explain Denton's record. Asst. Chief Williams: One day suspension in 1971 for four latnesses, suspension in 1972 for being late four times. Miss Wynegar: How many times over the last three years was Tat'eiess involved? Asst. Chief Williams: Nine times including this time. Chief Berry, Asst Chief Williams and Capt. Cruse all stated Ronald Denton was a fine fire-fighter. Denton: I think it is a shame to charge a man because of bad record and not bring out the good. You asked me earlier how important my job was to me, I could do other things and make more money than this job, but I like being a fire-fighter. Page 5 Denton Hearing - FINDINGS OF FACT December 19, 1972 The Board of Public Works and Safety has made the following findings of fact: 1 . That firefighter Denton was a full seven hours and fifty minutes late on his regular work day of November 19, 1972. 2. That said Firefighter did not call in prior to being late on the morning of November 19, 1972. 3. That is an ordinary and customary rule of the_Richmond Fire Department that a firefighter call in prior to seven o'clock if he is sick or cannot be at work and that the purpose of this rule is for the replacement of a firefighter. 111 4. That Firefighter Denton finally di dcall in a full one hour and fifty minutes after seven o'clock. 5. That Firefighter Denton was out of town at 3:00 in the morning prior to his regular shift at 7:00 in the morning. 6. That Firefighter Denton was in a car at 3:00 in the morning with three other persons and that some arrangement could have been made to call the dispatcher, the captain or anyone on the shift prior to the shift of Denton. 7. That between 3:00 and 7:00 in the morning, Firefighter Denton was more concerned with the well being of his automobile than he was with being at his station at 7:00. 8. That Firefighter Denton could have made some arrangement before7,:00 to have the dispatcher, captain or anyone on the shift before 7:00 that-the.re-was a possibility that he would not report for duty. 9. That it is questionable how much Firefighter Denton values his position in staying out to 3:00 in the morning when he was to report at 7:00 in the same morning and handle very expensive equipment, a pumper which is about $35,000 in value. 10. That Firefighter Denton was hired Jan. 1 , 1967, and promoted to -engineer on October 16, 1970. Although Firefighter Denton accepted greater responsibility with his promotion, his actions show that he did not in fact accept such responsibility. 11 . That Firefigher Denton acted in poor judgment in being suspended in 1971 and again in September (14) of 1972, and then being late again after his suspension. It would be thought that valuing his job would have induced Firefighter III Denton to exercise the utmost care with regard to being on time., 12. That Firefighter Denton's disregard of the rule that a fire figifter must report in on time or call in is blatant and such a precedent cannot be set for - - , the Fire Force of Richmond, Indiana. 13. That Firefighter Denton called his friend White at 3:00 a.m. and yet did not call his captain, a dispatcher or anyone to state that he might be late for work. 14. That Firefighter Denton has been late a total of nine (9) times in the last several years. DECISION OF THE BOARD OF PUBLIC WORKS & SAFETY OF THE CITY OF RICHMOND, INDIANA. Because of the flagrant violations as presented before the Board of Public Works and Safety at a special hearing on December 19, 1972, the Board unanimously comes to the conclusion that Ronald Denton does not want to be a Fire Fighter and as of this date, December 19, 1972, Ronald Denton is dismissed as a Fire Fighter for the City of Richmond, Indiana.