Firefighters’ sick-leave abuse case catches FBI’s attention

The FBI has joined the Metropolitan Police Department in reviewing e-mails, charts and other materials that Clark County officials compiled to show possible sick leave abuse by some firefighters.

Police said Friday that no formal investigation is under way. They will peruse the materials to determine whether they should investigate and, if so, what additional records they would need.

"These types of investigations are complex," Sheriff Doug Gillespie said. "The threshold that crimes have been committed has to be more than a shock of the conscience."

An FBI representative declined to comment on why the agency thinks this is a potential federal case.

Officials estimate that firefighters' sick leave cost the county $7 million in 2009, partly because tight staffing requires those who fill in for co-workers to be paid overtime, and also because the system is open to abuse.

Sick leave and overtime have helped push some firefighters' pay above $200,000 a year. County firefighters average $180,000 yearly in wages and benefits, compared with $80,000 for county workers in the Service Employees International Union, the county's largest union.

Police said they were teaming up with the FBI two days after Gillespie said police couldn't investigate until the county supplied him with more detailed evidence of criminal sick leave abuse.

Gillespie's request included a multi-year audit of firefighters' sick leave that County Manager Don Burnette described as "extraordinarily time-consuming and expensive." He estimated it could cost as much as $200,000.

The threat of the county manager and sheriff deadlocking and the investigation stalling angered County Commissioner Steve Sisolak.

Sisolak had asked local, state and federal law enforcement agencies to investigate last month after an arbitrator took note of sick leave abuse when he chose the county's labor contract offer over terms proposed by firefighters.

Since then, Commissioners Chris Giunchigliani, Susan Brager and Mary Beth Scow have joined Sisolak in calling for an investigation.

On Thursday, Sisolak gave Gillespie the report on firefighters' sick leave abuse discussed at a recent commission meeting, along with other materials presented during arbitration.

The documents include e-mails that show supervisors working with firefighters to arrange sick leave as though it were vacation, a breach of the labor contract.

County leaders revealed the names Thursday of the firefighters who sent the messages.

FBI and police are reviewing the materials that Sisolak submitted.

Sisolak said he is "thrilled" that the FBI is working with police. He said he would approve a more in-depth audit if the agencies insist it's necessary.

"If ... the FBI and sheriff say that is what they need to move forward, I will absolutely support them," Sisolak said.

The head of the local firefighters union said he also would back a criminal investigation if warranted.

"I support what law enforcement has decided," said Ryan Beaman, president of the International Association of Firefighters Local 1908. "It's in their court."

He said he didn't know whether the union would supply an attorney to firefighters who are implicated.

The union provides legal counsel to some firefighters who have been disciplined and want to challenge their punishments, Beaman said. But union officials assess each request to see whether the person has a valid complaint.

More than 230 firefighters each missed at least 10 24-hour shifts, a month's worth of work, because of sick calls in 2009, according to the county report.

A dozen missed more than three months of work because of sick leave.

Firefighters who work 24-hour shifts missed about 8 percent of their work year in 2009 because of sick calls, compared to 4 percent for employees in the county's largest union, 3.2 percent for nonunion workers and 3 percent for deputy sheriffs.

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

In one e-mail, Battalion Chief Jon Klassen hinted at firefighters calling in sick at the last minute, forcing supervisors to fill the spots hastily with firefighters who would, in turn, get callback pay.

Several commissioners find the padding of pensions especially troubling.

Records show some firefighters logging as much as $70,000 a year in callback pay. That could bolster a person's pension by more than $40,000 a year, adding up to a $1 million-plus during retirement, Sisolak said.

"It's not one-time theft," he said.

Brager said the potential scamming of the state retirement system must be thoroughly investigated.

She said she would endorse an extensive audit if that will jump-start the investigation.

She also wants to ensure that the people who used sick leave legitimately are separated from the abusers.

"We need to be diligent," Brager said. "There are a number of ways of getting to the bottom of this."

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