State-Journal.com - Firefighter Morgan suspended for going AWOL

Photo By State Journal/Hilly Schiffer Scott Morgan, training officer for the Frankfort Fire Department, talks with his attorney, JoEllen McComb during a City Commission meeting Monday. Morgan was suspended without pay for three days.

Scott Morgan, the training officer for the Frankfort Fire Department, embroiled in controversy over incentive pay, has been suspended for three days without pay and for seven days with pay.

The action came late Monday night when the Frankfort City Commission met for nearly five hours in both open and closed session.

The action to suspend Morgan was in the wake of a July 7 ruling by the state Fire Commission that the Frankfort Fire Department must repay the state nearly $30,000 in fire incentive pay.

The five-hour hearing was held in public before a crowd of firefighters and family members and others. Commissioner Doug Howard announced the action against Morgan at almost midnight.

Frankfort Fire Department Chief Wallace Possich brought the charges against Morgan before the City Commission.

Possich served the charges on Morgan July 10 in a letter signed by the chief, which alleged insubordination, improper fulfillment of job duties and violating the chain of command.

City commissioners said as midnight approached Monday after about 15 minutes of closed deliberation, it had determined Morgan was "AWOL" (Absent Without Leave) for three days, which correlates to the three-day suspension.

Possich recommended at the meeting Morgan be suspended without pay until issues with the Kentucky Fire Commission are resolved and a pending state police investigation is finished.

City officials said Morgan can return to his present position July 29, pending discussion with City Manager Tony Massey, Possich and city human resources personnel.

Possich testified Morgan disobeyed an order to make himself available to him and to return his phone calls, as well as a direct order to enter training forms into the state fire incentive pay system.

Morgan, represented by JoEllen McComb, a Lexington attorney, testified that he felt what he was asked to do was against department policy.

"I didn't think it proper to move yet," Morgan said in reference to Possich's request to enter the training forms into the state fire incentive pay system.

Morgan said he wanted to wait for the outcome of the Kentucky Fire Commission's ruling and he felt Possich's directives were unreasonable. The state fire commission's ruling will be appealed to Franklin Circuit Court.

"I couldn't put my name to it," Morgan testified of Possich's order to sign off on the training sheets, which eventually would be the basis for awarding the incentive pay to Frankfort Fire Department firefighters.

Morgan testified he had original copies of training sheets Possich asked him to enter. Morgan then said Possich sent him changed or altered documents.

"I will not follow an order to commit an unlawful or unethical act," Morgan told the city commissioners.

Morgan testified he turned over a packet of information to the Kentucky Fire Commission. The state fire commissioners, in their July 7 action ordering the Frankfort Fire Department to repay nearly $30,000, also turned over documents to the state police for investigation that it said contained allegations of forged or altered documents.

Morgan said Possich intimidated him after the July 7 meeting of the Fire Commission during which it was said the state police were investigating possible criminal activity in the Frankfort Fire Department.
In cross-examination, Morgan, who testified he met with a state police detective in his office, said state police did not tell him not to talk about the investigation.

During the closing statement of McComb, Morgan's attorney, McComb referenced a letter of recommendation written by Possich for Morgan, citing his honesty and "integrity."

"He (Morgan) should not be a sacrificial lamb for the problem," McComb said.

Attorney John Baughman, who represented Possich, made no other closing statement other than that he resented the claim Possich asked Morgan to break rules.

At this point, the City Commission went into regular session to allow public comment.

Tommy Young, the Frankfort Fire Department's second-most senior firefighter, took the floor and told the city commissioners he did nothing wrong. Young said when he found out he was short on training, he took it upon himself to complete it and submitted documentation.

Young said he did not know why he was not given credit for completing the training. "We embrace training," Young said.

Young said he will demonstrate to the city and the fire commission he completed his annual training.
Young had been named by the Kentucky Fire Commission as coming up one hour short on training along with Ray Travis and Daniel Miller, who has retired.

Travis and Miller did not attend the hearing Monday. The state fire commission has also named Deron Rambo, the emergency operations coordinator for the city of Frankfort, as being ineligible for incentive pay. Rambo was not mentioned at last night's meeting.

Gary Gephart, president of Frankfort Professional Firefighter's Local 1017, has told The State Journal he believed Frankfort firefighters were not the problem.

"This is not firefighters taking money from the system and dodging training," Gephart said.

David Suetholz, attorney for the local 1017 firefighter's union, said allegations of forged or altered training documents are a separate issue from the three firefighters who, according to the fire commission, did not complete training requirements.

Suetholz said Young maintains he completed the hours and did not alter documents in any way.
Former Frankfort firefighter Mike Fitzpatrick said Kentucky State Police interviewed him regarding documents he had regarding Rambo.

"They're not messing around," Fitzpatrick said.

Fitzpatrick is currently involved in a lawsuit alleging the Frankfort Fire Department retaliated against him for questioning Possich regarding the job duties of Rambo.

5.	Posted by Firefighter's Wife July 15, 2008
	It amazes me that some SIMPLETON could think that one needs no more than a fire extinguisher and a garden hose to fight a fire. Or that fighting fire is not a dangerous job. My husband puts his life on the line every day he walks out our door to go to work. I don't have the risk of dying just because I shown up to work and I truly DOUBT that "Tired of the Complaining" does either. It is easy for those not in the profession to sit back and pass judgment about what it takes to do the job. Truth be told, few have what it takes to get out there and fight fires, or do all they can to save a life, only to see that life pass before their eyes. I for one am VERY PROUD to say that I am married to a Frankfort Firefighter. That being said, it is very difficult to watch this whole ordeal play out in the media. There are issues in the department, but a department is only as strong as it's LEADERSHIP. I do agree that the firefighters that get out there every day and do the job ARE NOT the problem. I know several firefighters that I would trust with my life, and they are not the management of this department. They are the hard working men and women of the Frankfort Fire Department that are at work day in and day out, often missing out on family affairs or holidays because it is a shift day, making sure my life and the lives of EVERY Frankfort citizen are protected from what some would say would be the worst thing that could ever happen. As for the Rambo issue, never in the history of histories has anyone other than him been allowed to obtain a master's degree without a bachelor's degree. Plan and simple, it just doesn't happen. Well, maybe it does when one goes through a paper mill, online "college" that is shut down for fraud. It amazes me that no one has considered what jeopardy he has put the city in. Does no one realize that the city, and possibly state, could have lost significant amounts of federal disaster money because the one person in the position to oversee the program frauded his city commission. And, I for one, question the city's decision to let him go back to school, while keeping his job, to obtain the degree he already claimed to have. Where else in the working world can this go on? Mike Fitzpatrick is not portraying himself as a "moral compass". He, along with many others, just wanted the management of the Frankfort Fire Department to do what was right. Perhaps "Tired of the Complaining" should also get the WHOLE story straight before making assumptions.

4.	Posted by tiredofthecomplaining July 15, 2008
	I have a suggestion that should fix all the problems. Lets do away with the fire department. They obviously don't do much anyway and they are costing taxpayer money. We will sell all the equipment and trucks at auction which should make up for the money they owe us. We can take any additional money and supply every household with a fire extinguisher, a garden hose and a first aid kit. That should take care of any fire and medical emergencies. How hard could it possibly be to put out a fire or save a life. We can provide a letter to all insurance companies and hopefully they will understand the circumstances of this decision and will not raise anyones rates. As far as Rambo is concerned we should do away with him as well, because what has he really done for us. It's obvious to me that everyone takes a onesided story published in the paper and develops a scandal out of it. Obviously there is an issue that needs to be addressed, but no one has the whole story. I am grateful to have firefighters available to save my house and family if it should catch on fire and to come to assist my family in the event of an emergency. I know that there is a great deal of skill involved with the firedepartment and that in order to have that skill there is a great deal of training that must take place. This training helps them save lives, including lives of the ignorant, in the event of an emergency. I don't care what the firefighters do on their downtime as long as they are there when I call. As far as Rambo who continues to be attacked unfarily, I am in full support of him as well. Would it make a difference if anyone knew that Rambo had informed someone he was receiving the incentive and should not be? I guess no one has checked this out because obviously Mike Fitzpatrick is the Moral Compass of the Universe. Don't mind he con't to keep the city tangled in lawsuits causing taxpayer money. I am grateful to have someone like Rambo who helps make certain our emergency alarms are working properly and if not will immediately respond to fix the problem. I am grateful that he has assisted with obtaining NOAA weather alert system so I can be certain my family is protected. Everyone needs to get the whole story before they go and make assumptions.