Brewster NY Assistant Chief Prevails on Due Process Challenge to His Dismissal

[WHarley3 23]

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Brewster NY Assistant Chief Prevails on Due Process Challenge to His Dismissal

 

A federal court judge has ruled that a New York fire district violated the due process rights of a volunteer assistant chief by terminating him in 2013 without notice and a hearing.

William J. Ratajack Jr. was terminated from the Brewster Fire Department and the Brewster-Southeast Joint Fire District in August 2013. Chief Ratajack was accused of going on a tirade over the fact that members refused ...to participate in a parade but were hanging around the fire station. During the course of the outburst he reportedly directed the “N-word” at two white firefighters.

Chief Ratajack filed suit in 2014 claiming the failure of the fire district to afford him notice and a hearing prior to his termination violated his due process rights. He also sued claiming the district and members of the department violated his First Amendment rights and defamed him.

In an 84-page decision, Judge Kenneth M. Karas concluded that the fire district terminated Chief Ratajack without giving him proper notice and an opportunity to be heard. Judge Karas also ruled in favor of the fire district and the individual defendants on Chief Ratajack’s First Amendment and defamation claims. The ruling does not award damages or order Chief Ratajack to be reinstated. The parties will be back in court next week.
Here is a copy of the ruling: Ratajack v. Brewster FD and BSEJFD et al Court Decisioin

For those interested, Judge Karas does a thorough job of discussing procedural due process and the current state of First Amendment law as it applies to public employees.

 

 

Original article: http://www.usatoday.com/story/news/nation/2014/01/10/ex-fire-official-accused-of-using-slur-files-lawsuit/4425917/

[FFPCogs 863]

Made racial slurs, admitted it and got suspended (IMO should've been demoted) = justice.  Got booted without being able to defend himself (even if he was dead wrong and may deserve it) = injustice.  Wants reinstatement and $10.2 million in damages = Insanity

Edited April 6, 2016 by FFPCogs

[ex-commish 490]

11 hours ago, FFPCogs said:

Made racial slurs, admitted it and got suspended (IMO should've been demoted) = justice.  Got booted without being able to defend himself (even if he was dead wrong and may deserve it) = injustice.  Wants reinstatement and $10.2 million in damages = Insanity

I agree you are on a sliipery slope when you deny those their right to due process

 

[letsgo1547 50]

First departments in this county were stealing money,now this. Well done Putnam County,well done,what a joke

[mustang22_2002 21]

I don't think he did anything wrong and hope he wins the lawsuit

[SECTMB 612]

21 minutes ago, mustang22_2002 said:

I don't think he did anything wrong and hope he wins the lawsuit

 

Then I hope you are comfortable with contributing to any award.  Where do you think the money comes from? 

[BBBMF 158]

Lets put 200 grand into lights and sirens, parade around town, tell everyone we're firefighters and not be there when they really need us.  Anyone who agrees with this guy is a coward and deserves a "Hit it hard from the yard" T-shirt!

[S1720G 62]

8 hours ago, BBBMF said:

Lets put 200 grand into lights and sirens, parade around town, tell everyone we're firefighters and not be there when they really need us.  Anyone who agrees with this guy is a coward and deserves a "Hit it hard from the yard" T-shirt!

Correct. 

And that was the 1 item that was found to be in his favor. On the rest of the case, the judge did not rule in his favor (there were multiple aspects of the lawsuit) .In sure He will most likely receive  nothing. 

Hihfty 

[letsgo1547 50]

Way to make the fire service look good chief, in my opinion you don't deserve anything. I hope Putnam's new commissioner does something about his county,what ashame,