Board Orders Reinstatement of Fired City Employees

“We therefore decide Mr. Bond and Ms Manahan’s sexual misconduct on March 25 and to a much lesser extent their deflection, deception and dishonesty on March 26
is worthy of harsh discipline,” says Dorsey in the ruling. “For each, with their length of service, employment record and next morning offer to tell all and apologize rejected by the employer, we conclude dismissal was an excessive disciplinary response in all of the circumstances.”

City administrator Will Pearce says he is disappointed in the decision, saying it sends the wrong message to fire personnel in Vernon and across the country, noting one of the fired workers was a fire captain at the time (Bond).

Manahan was a fire dispatcher.

He says emergency personnel have a duty to serve taxpayers and respond to incidents with due diligence, not to be distracted by engaging in sexual relations while on shift.

“Lives depend on rapid response. Engaging in sexual activity rather than managing the Platoon is absolutely unacceptable,” says Pearce in a statement.

Both individuals worked in the City’s Fire Service prior to having been terminated last March. The pair was captured on video having sex in the interim fire chief’s office after the interim chief had installed a video camera in the office after a locked file cabinet had earlier been entered.

The City says the former fire captain had previously served a recent three-day suspension for engaging in bullying and harassment of a fellow firefighter.

“I am most disappointed in the majority decision,” says Pearce. “It sends entirely the wrong message to Fire personnel across the country and to staff of the City of Vernon. It is not now and will never be acceptable or ethical for a direct supervisor to engage in a sexual relationship with junior and subordinate staff. The City of Vernon has an employee Code of Ethics, known by both employees, that requires staff to maintain “the highest ideals of honor and integrity in public and business relationships” and not to act “in any way that would detract from the image of integrity or professionalism of the City of Vernon.”

Pearce says he extends his apologies to the citizens of Vernon for the behavior of the two fire service employees.

“Our staff, with few exceptions, are dedicated to high standards of service, ethics, integrity, and honesty. These two individuals do not reflect the professionalism of the proud public servants who work for the City.”

Beach Radio News reached out to the Vernon Professional Firefighters Union Local 1517 for comment.

“We accept and respect the board’s decision and our members will continue to serve the citizens of Vernon as professionals,” says the union in an email message, not attributed to anyone.

The City says the decision of the Arbitration Panel was not unanimous.

John McKearney, former Fire Chief (retired) of the Vancouver Fire Department, wrote: “In 2018, a fire captain involved in a sexual encounter with a female subordinate, in the fire hall, in a reckless open manner, on a Sunday morning, must generally be considered cause for termination. The conduct was antithetical to [his] responsibility as Captain and leader of the shift and has created a poison work environment for other females in the hall (and for males). His actions were a gross violation of his duty to create a welcoming work environment for all, and especially for women. [This individual] does not have a clean disciplinary record to perhaps mitigate towards reinstatement. His recent disciplinary record is significant.”

Another panel member, Lorne West, union nominee, did not agree with McKearney.

“Despite acknowledging that termination of employment is a rare occurrence in the fire service, Interim Chief (David) Lind, determined it was appropriate in this case, prior to any investigation. Interim Chief Lind testified that there was to be no distinction between the two employees, the decision was made. Both employees received the same discipline, the same rush to judgement, in receiving virtually identical letters of termination. The events recorded took place the morning of March 25. Interim Chief Lind met with the grievors at 6:00 pm on March 26 and by 3:30 pm March 27 the grievors had received their termination letters,” writes West in the decision.

“In the preliminary matter, the majority wrote that Interim Chief Lind’s testimony was questionable and he struggled often with accuracy in his testimony. Interim Chief Lind
often only became forthright under significant cross examination. The employer’s notes of the grievor’s interview are not supported by the evidence or the testimony. The
employer’s lack of any process, inaccuracy of their evidence and testimony places their credibility in question. Their own evidence defies all argument that they provided any
opportunity for the grievors to have a fair, just and reasonable process. In my view, it is not believable that the employer had not already predetermined the outcome, in this
matter before the first meeting with the grievors March 26. The employer did not conduct any form of an investigation into this matter at all,” adds West.

“I share the same “passion to serve the men and women of the Fire Rescue Service with conviction, integrity and accountability.” I believe competent management acting with integrity, honesty and respect for the men and women with whom they serve is as important as the high standards expected of firefighters and dispatchers. All the more so, for those wanting to wear the rank of a Chief Officer. When there are failings by both employees and managers, as there was here, the responsibility and accountability must be shared. The consequences cannot be placed solely or entirely on the employees simply because they have the less powerful standing in the relationship,” says West.

by Pete McIntyre

Board Orders Reinstatement of Fired City Employees

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