County holds off on punishing firefighters over alleged sick leave abuse

Clark County leaders have backed off on punishing firefighters who possibly abused sick leave -- including the 18 deemed most suspicious -- until officials investigate further.

The county fire chief issued notices two weeks ago to some firefighters informing them that they would forfeit six months, 144 hours, of sick leave because of abuse. The penalty is allowed under the labor contract.

A notice sent by the chief's office to at least one firefighter about two weeks ago rescinded that penalty.

County managers on Monday wouldn't say how many such notices were sent or how many firefighters face disciplinary action, but a report has pegged dozens as under suspicion. They also wouldn't discuss what prompted them to hold off on imposing penalties.

Firefighters suggest rush to judgment

Officials began cracking down partly because of public criticism and also because heavy sick leave use has driven up overtime costs in the Fire Department.

Union leaders and some of the affected firefighters complain that county officials acted too quickly in punishing those suspected of wrongdoing because of public outrage about heavy sick leave use beefing up wages and padding pensions.

Most firefighters who return to work less than 12 hours after finishing a shift -- usually to fill in -- receive callback pay, in which a portion of that day's earnings goes toward pensions.

Critics also question why the county didn't probe individual cases.

CAPTAIN SAYS HE CAN REFUTE ALLEGATIONS

Fire Capt. Thomas Smith is among them. He is one of the 18 firefighters whose 2009 sick leave use was submitted by county leaders in arbitration to illustrate the department's lax sick leave policies.

Smith, 54, said he can refute the entire case against him, but county officials asked for no explanation before embarrassing him publicly and threatening to punish him.

"They didn't investigate it," Smith said. "I didn't even get a phone call."

An e-mail in 2009 from Smith's supervisor implied he tried to use sick days as vacation, breaking the rules requiring sick time to be taken only for medical reasons.

But Smith said he has documents showing he used those days off to be diagnosed and treated for an intestinal ailment. And the e-mail, he said, was misconstrued.

Feeling ill after a fishing trip, he tried to take a vacation day because he had depleted his sick leave for a hip-replacement surgery, he said.

In the e-mail, Battalion Chief Jon Klassen said that Smith could not take a vacation day because he requested it sooner than 24 hours in advance. Instead, Smith was entered as sick on that day.

Managers interpreted the message to mean Smith was penciled in for a fake sick call.

On Feb. 15, Fire Chief Betral Washington sent Smith a letter saying he had violated the labor contract and would forfeit six months of sick leave.

The next day, Smith requested a hearing to plead his case.

Washington agreed to meet with Smith but initially denied his request for a hearing, saying the contract offered no such recourse when sick leave is forfeited.

On Feb. 18, Washington changed his stance. He e-mailed Smith a brief message saying the penalty had been withdrawn until further notice.

Smith said he was told that county officials plan to question him, something he argues they should have done in the first place.

UNION CHIEF: LEGITIMATE REASONS POSSIBLE

The head of the local firefighters union agrees.

"Why did they not investigate the situation prior to putting this guy's name out to the public?" said Ryan Beaman, president of the International Association of Firefighters Local 1908.

Beaman said he is in favor of punishing those who abused the system. That might include his father, Eddie Beaman, a fire engineer whose sick leave use is under question, he said.

But the county must be careful not to demonize firefighters who took a large amount of sick leave but did nothing wrong, Beaman said.

Many of the 231 firefighters who took at least 10 sick days -- a month of 24-hour shifts -- probably have legitimate reasons for their sick calls, Beaman said. But county officials won't know unless they ask, he added.

'NUMEROUS INVESTIGATIONS' UNDER WAY

County managers released a statement Monday.

"The county gives all employees the opportunity to present information and explanations pertinent to their specific situation when punitive or disciplinary investigations are conducted," the statement said. "In the case of suspected fire sick leave abuse, the county is working to complete these numerous investigations in an expedient manner."

County spokesman Erik Pappa said managers have said repeatedly that the firefighters identified in the e-mails and reports might not have abused sick leave. Rather, they came up on the radar as questionable users, he said.

Commissioner Steve Sisolak, the most vocal critic of firefighters' sick leave, magnified the publicity when he called on law enforcement agencies and the district attorney to investigate potential abuse.

The Metropolitan Police Department and the FBI are reviewing documents and interviewing witnesses. Police investigators say they have issued no subpoenas yet.

Sisolak said it was regrettable that firefighters who did nothing improper are getting caught in the crossfire. Those firefighters, including Smith, can thank their co-workers who scammed the system for causing such scrutiny, Sisolak said.

"Some of his colleagues saw fit to misuse the system and paint him with the same brush," Sisolak said. "Had they not done that, this would not be an issue right now."

Commissioner Susan Brager, who backs the call for a formal investigation, said the county should not assume guilt based on circumstantial evidence but should dig deeper for the facts.

"I don't think we should be incriminating anyone who has a valid explanation," Brager said.

Contact reporter Scott Wyland at swyland@reviewjournal.com or 702-455-4519.