Follow up to "Florida Firefighers Accused"

[captstanm1]

Here is the link to a follow up story relating to the story on the home page of Firehouse.com on Friday. It relates to the 3 Florida Firefighters who were accused committing inappropriate acts at the Florida IAFF Convention.

http://www.sptimes.com/2002/08/17/Hernando/Fire_official_defends.shtml

http://www.sptimes.com/2002/08/17/Hernando/2_other_officials_kne.shtml#
------------------------------------
Cut and pasted letters to the Editor relating to this thread:
Letters to the Editors


Editor: Re: Woman accuses 3 firefighters of rape, Aug. 16 Times:

I am disgusted by the way the allegations are being handled about the woman who accuses the three Spring Hill Fire Rescue District firefighters of rape. Whether or not the police have been able to prove the allegations up until this point is irrelevant. The allegations should be investigated thoroughly and without bias, which I don't feel has been the case. The detective has stated that it is "basically a he-said, she-said and that it was up to the prosecutors to make the final call.

How can these men call the woman a liar when they fully admit to having what they call consensual sex with her? Just the fact that all these men had said the same thing (that this woman allegedly had a thing for firefighters) should have been enough to set off an alarm and maybe have them stop and think that being intimate with this woman was wrong. How could they not think that what they were doing was anything but taking advantage of this woman, whether or not it was rape. This alone is grounds for suspension.

Chief J.J. Morrison admitted there is a clause in the policy manual stating that firefighters should be suspended for "immoral or improper conduct or indecency, on or off the job, which would tend to affect employees' relationship to the job, another employee's reputation, trust or goodwill in the community." Can this be spelled out any clearer? These men admitted to being intimate with this woman at a firefighters convention. And some of us feel it was immoral or improper and does affect their trustworthiness in the community. They are Spring Hill firefighters and their actions have affected this community.

It seems to be that it matters whom you support in the County Commission race, especially for these three firefighters. One of the men, Lt. John Ferriero, had the union he leads throw support behind candidate Robert Kanner for County Commission. And one of the other accused men is Edward Falk, the vice president of the union. I would hope that everyone in our community takes notice of this and remembers how Mr. Kanner has reacted to this situation. Not with an open mind and a willingness to find out the truth and take proper actions, but with an immature, condescending attitude.

I don't think we would want Mr. Kanner making comments to the papers such as this immature one: "I mean what was she doing in the hotel with all those firefighters?" Maybe Kanner should ask himself what were the firefighters doing in that hotel with the alleged victim?
-- Samantha Williams, Spring Hill

Statement would have been irresponsible
Editor: Re: Woman accuses 3 firefighters of rape, Aug. 16 Times:

I wish to take the opportunity to clarify my recent statement to your reporter (in the) story about the investigation of three firefighters.

The story states that I personally doubted the credibility of the complainant. My intent was to refer to the opinion of the investigating detective, not my own personal opinion. When asked the detective if there was cause for the Spring Hill Fire Rescue District commission to act, he advised me to do nothing because he had concerns about the credibility of the complaint due to what he referred to as "inconsistencies." His statements were reported in the same story.

My intent was to explain why, as a commissioner, I stayed silent publicly. It was at the advice of Detective Smith. Because there were no criminal charges, it was left to Chief J.J. Morrison to deal with administratively. Naturally, I could never share this privately with fellow commissioners without violating the Sunshine Law. To make a public statement in the middle of an investigation -- when advised against it by the investigating officer -- would have been totally irresponsible.
-- Robert Kanner, Spring Hill

[5pts384]

It has been proven in the past and is still worth rembering--you can stay out of some"embarrassing"situations by keeping your pants Zipped:D

[webteam]

We will remind users these are only accusations and no one has been charged in this case. Comments like the last and that were in the thread before are not appopriate.

Thanks
WebTeam

[captstanm1]

WEBTEAM.... I am not certain what comments in the "thread before" youa re referring to. I did not make the comments...rather I posted "letters to the editor" that related to the story.

I am in agreement with you though... There have been no charges and the purpose of this post was not to point fingers, rather be informational as to what is happening around the country.

[webteam]

Our comments were not directed at the post, but the reply about 'keeping pants zipped'

WebTeam

[5pts384]

Webteam having spent time in the USAF and been around awhile, There's an old statement whether you've been in the tail hook club,around the corner,or anywhere else (and you are a man) I thought it was a good reminder.I did not mean to infer that they were in any way guilty ,they did have sex according to the article. SORRY to have OFFENDED you by my statement.

[Temptaker]

Captstanm1

Thank you for posting the information. I was actually going to ask the WT if it could be reposted after the previous thread was removed.

Personally I think it is completely reprehensible that these men's names, ranks and IAFF affiliation has been released to the public, while her name is being witheld due to the 'nature of the allegation'. If there is a publication ban placed on an investigation, then it should apply to all parties concerned. I understand it in cases which involve juvenielle's, but that is not the case here.

These men's lives have been permanently tarnished regardless of the outcome of the investigation.

[captstanm1]

Temptaker...I agree...I think the release of the names of the individuals, male or female, during the investigation is premature and inappropriate. Regardless of what may have happened, nothing has been proven and no charges placed at this time.

[MOTOWN88]

Does anyone know if the City released the names and affiliation or the Press using the evil little tool called the "Freedom of information act" which they use and abuse a little too much?????

[Temptaker]

Motown

From the original article (http://webpublisher.lexisnexis.com/index.asp?layout=story&gid=1990000599&cid=110003011&did=46HS-M6R0-01DF-Y1J2-00000-00) It appears that it was a FD Chief that released the information to the press, just before the police report was to be released.

[captstanm1]

AFter much hoopla (did I make up that word??) and media attention as well as what "appears" to be political involvement, the three firefighters were suspended with pay pending the outcome of the investigation of the allegations. Additionally, there seems to be talk of a pending Internal Affairs Investigation that will be conducted by a private 3rd party. The scandal emerges as a current Fire Commission Member runs for County Commission and on the brink of a referendum that will give the Fire and Rescue District it's autonomy if approved in November.

These are related links.

http://www.sptimes.com/2002/08/20/Hernando/Three_firefighters_su.shtml

http://www.hernandotoday.com/MGAVSE1Z25D.html

http://www.hernandotoday.com/MGATJY2Z25D.html

http://www.hernandotoday.com/MGA9SW9YZ4D.html

There was an additional story in the St. Petersburg Times today, where one of the County Commissioners called for the dismissal of the Fire Commissioner who made "inappropriate" comments relating to the charges. This Commissioner had been appointed by the County Commissioners to fill a seat vacated by a recent resignation. I can not find a link to that story....sorry

[captstanm1]

The alleged victim speaks out in support of the Fire Dept.

http://www.hernandotoday.com/MGAI1QQD45D.html

[captstanm1]

http://www.sptimes.com/2002/08/21/Hernando/Firefighters_have_exe.shtml

[Temptaker]

More from today's news

http://www.sptimes.com/2002/08/21/Hernando/Scandal_shakes_up_uni.shtml

http://www.sptimes.com/2002/08/21/Hernando/Fire_district_bosses_.shtml

CaptStan Thanks for posting the other links.

I thought that past bad deeds were inadmissible, I'm talking about the domestic violence charges, which were subsequently dropped. If charges are laid, I fail to see how they are going to find a jury that can be objective in their deliberation.

[AXEYAZ]

Hey captstanm1, this is only my opinion, but I believe you do a disservice to everyone on these forums by continuing to write about, attach copies of or using info obtained from an anti union, anti fire department RAG NEWSPAPER that's not even worth putting on the bottom of a bird cage. They continue to print misinformation, for shock value only, even when given accurate info by a department. When and IF the truth is finally printed it's usually to late to change public opinion. The times forced this story to be made public, causing political decisions to be made based on public opinion, not on public safety. ( It's what they do best). Even when a headline seems sympothetic or supportive, they will go on to attack members who HAVE NOT EVEN BEEN CHARGED, even so much so as to dig into their pasts to the point of where they went to high school WHY ?. I do not work for or with the Spring Hill fire dept. but I do live here in Spring Hill, and do not see how public safety has been achieved by suspending three members, WHO HAVE NOT BEEN CHARGED, of a dept. that alresdy has substandard staffing levels. (but thats another issue). If after a poilce dept investigation, (not the SP.Times investigation), these members are charged with a crime, than dicipline may be in order. Captstanm1 you know where I work, and its a regular target of the Times, which is why i'm so critical of this RAG PAPER and it's campaign of mis information. Its my opinion only .

[captstanm1]

axeyaz

I don't agree with any of what has transpired and I firmly believe that these guys are getting railroaded and wonder if it could have even been a set up.

I certainly don't support the views of the paper in this case or other controversial issues surrounding the county departments and the City of Brooksville. But I support Chief Morrison for his suspension with pay. From a supervisors standpoint I look at it this way. Just like in a sexual harassmant charge...these folks have daily contact with the public and they interact with them for medical reasons. There is a certain liability for the department to continue to let them have patient contact due to the nature of the "charges." I am in full support of these guys until they are formally charged, have a trial and the outcome of the trial is final. Innocent until proven guilty....that is the American way. Even if they are charged, tried and convicted...the entire thing smells funny to me and reaks of political stench based on a race for county commission.

I am just passing on this information to the members of the fire service community in an effort to educate all as to what dangers lie out there....outside of the norm...


Another article in yesterday's paper indicated the treasurer and secretary of the IAFF Local will be temproarily at the helm until the matter is resolved.

http://www.sptimes.com/2002/08/22/Hernando/Woman_details_events_.shtml

http://www.hernandotoday.com/MGAC1BZU55D.html

http://www.sptimes.com/2002/08/21/Hernando/Fire_district_bosses_.shtml

[AXEYAZ]

Captstanm1 the only thing the fire service community will learn is what is written in that RAG PAPER, regardles if its true or not. As far as the nature of the "charges" as you state, THERE HAVE BEEN NO CHARGES. only allegations. And thanks to the SP.TIMES they have been tried and convicted in the paper. Remember immoral is not the same as illegal. My point is that the SP.TIMES will attack any fire dept. or union as part of their standard practice, and we should not be posting their classless garbage on these forums as a respect to all our brothers who have to deal with the aftermath of such trash reporting. And I dont work for Hernando or Brooksville, i'm with Clearwater ( 48 truck ) Be safe and stay out of the TIMES. Just my opinion.

[captstanm1]

Instead of posting what the paper says, I will just say that the saga continues. Although I do not agree that the paper has prosecuted and convicted the firefighters. I feel the major concern here is how the whole incident was handled. Their problem is with action or inaction by the fire board. I suspect if you were to start a poll and ask how other departments would have handled the initial complaint you would see the response was much different.

The Fire Board met on Saturday in an Emergency Session to discuss policy for investigating problems with department members in the future.

Additionally, local news reports today published other information relating to the continued support of the commissioner who is running for County office and there was also a story relating to what led to the accuser being allowed to do a project on the fire department in the first place.

[captstanm1]

In today's news a citizens group is asking for a woman to be involved in the investigation. Keep in mind as you read this that THERE HAVE BEEN NO CHARGES PLACED.....ONLY ALLEGATIONS and these brothers are innocent until proven guilty. I certainly do not advocate what happened...but if you go back and follow the entier story...somewhere you will find a political connection. Then entire scenario smells of political stench to me... Additionally, (as AXEYAz has pointed out) it is quite obvious to me that the Newpapers are not friendly to the Fire Departments and are using this opportunity to take shots at the departments. However...it appears to me that the underlying story in each article has "politics" written all over it.

http://www.sptimes.com/2002/08/28/Hernando/Critics__Add_woman_to.shtml

http://www.sptimes.com/2002/08/28/Hernando/Spring_Hill_fire_boar.shtml


http://www.sptimes.com/2002/08/28/Hernando/Off_duty_conduct_not_.shtml

[captstanm1]

Fire Department Developing Policy on Investigations

http://www.sptimes.com/2002/08/30/Hernando/Internal_inquiry_plan.shtml

[captstanm1]

Mr. Kanner (the Fire Commissioner) who is running for County Commission has insisted on the members of the department receiving training. He has enlisted the help of a lady who is the director of a womans shelter. The woman will be delivering training on "Sexual Harassment and Voilence In The Workplace."

I do not understand the connection here. This was something that occurred off duty and had the woman not complained there would be no issue. Why is there s sudden need for this training. I feel he is attempting to mend fences and appear to be doing something.

This entier incident has smelled of political stench since it surfaced. From day 1 there has been political talk in every arena relating to this. Makes one wonder if the entire incident may have been staged to begin with... Beginning way back even before the alleged event that led to the complaint. Could these firefighters be political sacrifices ?

[captstanm1]

St. Petersburg Times--Hernando Section

State delays action in rape investigation

A prosecutor needs time to decide whether firefighters will face charges.
By JAMIE JONES, Times Staff Writer
© St. Petersburg Times
published September 20, 2002

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SPRING HILL -- He had hoped to make a decision by Thursday.

But Stewart Stone, a Seminole County prosecutor, said he needed more time before deciding whether to press charges against three Spring Hill firefighters accused of raping a 32-year-old woman at a convention in Altamonte Springs.

Stone said that he had met with the woman and needed to explore different threads of the investigation before making a decision, which could come by the end of the month.

"Some follow-up work is not unusual," Stone said.

He declined further comment.

The Spring Hill woman told police in June that she had gotten "extremely intoxicated" with three firefighters -- Lt. John Ferriero, Edward Falk and Thomas White -- and they had sex with her in a hotel room. Ferriero is union president and Falk is vice president.

The woman claimed that she had dated Falk, and that he invited her to the firefighter convention. The men admitted to having sex but said it was consensual, according to police.

Chief J.J. Morrison suspended the firefighters when the investigation was made public.

Soon after, he began drafting a policy for conducting internal investigations within the department.

He said the district will conduct its own inquiry into the firefighters actions after the criminal investigation is completed to determine whether they violated any district policies.

At a meeting Wednesday, Morrison presented an internal affairs plan to the fire board and hopes commissioners will officially approve the document next week. Spring Hill resident Jack Scott, a retired New York investigator, helped Morrison create the document.

Morrison suggested having the assistant fire chief, William Davies, conduct any internal affairs investigations. He said Davies would gather facts, which would be presented to Morrison for a final determination on discipline.

If an employee is unhappy with Morrison's decision, he or she could appeal to the fire board, which would have final say.

Morrison said he is uncertain what will happen with the three firefighters and declined to discuss what he will do if they are charged with rape.

If they are not, Morrison said he did not know whether they would remain on paid suspension while an internal affairs investigation is completed.

He said the assistant chief could ask for help from a private investigator during the internal inquiry.

Commissioner Robert Martin said he had heard Scott may conduct the investigation.

Scott has many friends in the department and has worked for Commissioner Jeff Hollander, who said he saw no conflict with the arrangement.

However, Scott said on Thursday that he was not interested in conducting any investigations for Spring Hill.

"My rates are too high," he said.

-- Jamie Jones can be reached at 754-6114. Send e-mail to jjones@sptimes.com.

[captstanm1]

Accuser calls for an outside inquiry

The woman, who has accused three Spring Hill firefighters of raping her, says the department is incapable of conducting a fair investigation.
By JAMIE JONES, Times Staff Writer
© St. Petersburg Times
published September 23, 2002

-----------------------

SPRING HILL -- The woman who accused three Spring Hill firefighters of raping her in June said she does not believe the department can conduct an objective internal investigation into the conduct of the three men.

She said she would refuse to participate in the process if asked.

The woman, whose name is being withheld by the Times because of the nature of the allegations, said the Spring Hill Fire Rescue District should have an impartial outsider determine whether the three firefighters violated any department policies.

In June, she accused three Spring Hill firefighters of raping her in a hotel room in Altamonte Springs, where the firefighters were attending a convention. The State Attorney's Office in Seminole County is reviewing the case. Prosecutors said they will decide in coming weeks whether to press charges.

After the criminal investigation is completed, the district plans to conduct its own.

The woman said the internal inquiry will not be credible unless it is thorough and conducted by "someone absolutely and completely not associated with the fire department in any way, shape or form. . . . It's a good ol' boy network."

On Wednesday, Chief J.J. Morrison is expected to ask the fire commission to approve new procedures for conducting internal investigations when complaints are filed against district employees.

Morrison began working on the plan weeks ago after the public learned of the rape investigation. He knew of the investigation early on but kept it quiet, and suspended the three firefighters -- Lt. John Ferriero, Edward Falk and Thomas White -- on Aug. 19 only after newspaper articles detailed the investigation.

The men admitted to having sex with the woman but said it was consensual, according to police.

Under Morrison's plan, the department's assistant chief, William Davies, would conduct internal affairs investigations. He would gather facts about an incident and present them to Morrison, who would decide on discipline. Employees could appeal his decision to the fire board.

The purpose of an internal affairs investigation is to determine whether employees violated district policies and procedures. Currently, the district does not have a standard procedure. Each complaint is handled individually, Morrison said.

The woman who accused the firefighters said she did not believe the fire department could dispassionately evaluate the incident because so many of the firefighters and commissioners are good friends.

She said she would prefer that the Hernando County Commission, which oversees the fire district, appoint an outside investigator to handle the inquiry.

Morrison refused to comment, saying he would not discuss the case until prosecutors decide whether to press charges.

The fire district's policy book says employees can be fired if they are convicted of a felony or a first- or second-degree misdemeanor or engage in sexual misconduct.

The policy book also says an employee can be suspended if he or she exhibits "immoral or improper conduct or indecency, on or off the job, which would tend to affect employees' relationship to the job, another employee's reputation, trust or goodwill in the community."

Fire commission chairman Bob Kanner said if the firefighters had sex with the woman, they violated district policies about proper behavior.

As for the woman, Kanner said he does not believe the district would need to talk to her during the internal inquiry.

Lt. Joe Paez of the Hernando County Sheriff's Office said because police are conducting a criminal investigation, the fire district will likely have access to statements made under oath by each of the people involved. That may be enough to decide, without talking to the woman, whether any agency policies were violated, Paez said.

The woman said Friday that she plans to file a complaint against the Altamonte Springs detective who investigated her case. She said Detective Curtis Smith failed to interview key witnesses.

Officer Eric Wels, the Police Department spokesman, said Friday that he did not know enough about the case to comment.

The woman said she was pleased that prosecutors are doing their own investigating, although she is worried that the memories of possible witnesses have faded and the trails of some leads have grown cold.

She said she, too, likely hindered the police investigation by waiting. She said she filed a report 24 days after she was raped because, at first, she wanted to forget what happened.

"It's been so long," she said.

-- Jamie Jones covers law enforcement and courts in Hernando County and can be reached at 754-6114. Send e-mail to jjones@sptimes.com.

[captstanm1]

The Fire Commission has given the internal investigation responsibility to an outsider.

http://www.sptimes.com/2002/09/27/Hernando/Internal_inquiry_hand.shtml

[captstanm1]

After 4 months there has still been no decision in this case. These brother firefighters ...who are still innocent....have been in limbo for 4 months...their lives turned upside down. What they did was certainly not morally correct since one or more of them are married...but a decision needs to be made.... Either they are guilty or they are not. I still feel that the entire thing has the pungent odor of political involvement. HMMMMM....A Fire Board member attempts to unseat a County Commissioner in an upcoming election...The local IAFF suddenly swings it's support to the Fire Board Member who at one time they appeared to oppose... The accuser works in same complex as the Board Member. What else?? Hmmm..the Fire District is seeking independance from the County in November...this current county commissioner who beat the challenger in the primary says this is unnecessary...the Fire Board member who was initially opposed (very much so) to the independance suddenly changes his views and oppinions in support of independance... Enter the complaintant who waited almost 2 months to file a complaint....
______________________________ _____________

HERNANDO TODAY

State attorney still undecided on charges
MICHAEL D. BATES mbates@hernandotoday.com
Published: Oct 13, 2002

SPRING HILL - Four months after a 32-year-old local woman alleged that three Spring Hill firefighters raped her during a convention in Altamonte Springs, the state attorney handling the case has made no decision on the charges. State attorney Stewart Stone has said only that the matter is still under review and will not comment further.

Meanwhile, the fire district has racked up $6,533 in overtime expenses to pay for additional firefighters to take the place of the three accused men suspended with pay until a decision is reached.

The dark cloud continues to hang over the fire department, as employees wonder if three of their own will face serious criminal charges.

The accused men, hoping for a speedy resolution to the case, have denied the Spring Hill woman's allegations and want their names cleared so they can get on with their lives.

"This continues to be a nightmare of unbelievable magnitude and I wish it would end so I can go back to the job I love so much," said Lt. John Ferriero, who, along with Edward Falk and Tom White, was accused of the alleged rape.

Fire Commissioner Gene Panozzo said he is surprised at the abnormally long wait "I think it's ridiculous," Panozzo said. "Either they're going to drop it or prosecute it. But it's time to do something. I want to get this thing put to bed. I don't want this thing hanging over us."

Fire Chairman Bob Kanner said the longer this drags on, the steeper the price tag to taxpayers.

"I can't understand for the life of me why the state attorney in Seminole County is taking so long to come up with a decision," Kanner said.

Kanner blames the negative fallout from the controversy for contributing to his failed bid to unseat County Commissioner Chris Kingsley for the District 2 seat in November.

In the last month, the board took unprecedented measures to handle the matter, including the creation of a first-ever internal affairs division, which will investigate the rape allegation.

But that internal affairs procedure cannot go forward until the state attorney releases his determination.

"We already have an investigator and internal affairs investigation procedure in place so that the moment the state attorney makes his decision, the fire district will be ready to begin their investigation," Kanner said.

To facilitate that investigation, the fire district attorney tried to obtain sworn statements from the people being questioned by the state attorney.

"We asked them for it and they wouldn't get it to us," said Fire Commissioner Jeff Hollander.

"Our attorney contacted the state attorney several weeks ago, and they said they are doing what they can to get things expedited," Hollander said.

"There's not a darn thing we can do until they finish," he said.

Fire Commissioner Tommy Marasciullo believes the state attorney is being especially thorough on the case because of the media spotlight. He also believes the final report will clear all three men.

"(Rape) is a very serious charge," he said. "If the state attorney thought it was that serious, I think someone would be in (handcuffs) already," he said. But Marasciullo said once the state attorney's report is issued, any further inquiry into the matter is unnecessary.

"If they can't find anything, can you tell me what we can find?" Marasciullo asked.

Marasciullo said he doesn't believe the three men broke any of the district's policies and procedures. With the district low on paramedics, it's time to return them to active duty if they are cleared of any charges, he said. From what he's heard, all three are ready to return to work.

"We need to put our men back," he said.

On the positive side, firefighter morale has improved since the early days of the investigation, Marasciullo added.

[captstanm1]

HernandoToday.com

Sex scandal has gone on for too long

Published: Oct 16, 2002

Last summer, a sex scandal rocked the Spring Hill Fire Department. The effects of negative publicity from that scandal still haunt the department some four months later.
It shouldn't be happening but because the state attorney's office in Seminole County is dragging its feet, three firefighters are waiting to see if they will face criminal charges and taxpayers in Spring Hill must pay overtime while other firefighters fill in for the missing men.
So far, more than $6,500 in overtime pay has been shelled out.
Meanwhile, investigators in the Orlando area still contend they are pondering whether to press charges against the firefighters accused by a Spring Hill woman of raping her during a June union convention in Altamonte Springs.
When news of the indiscretion hit the newspapers, a firestorm of controversy erupted. A few Spring Hill residents even complained they didn't want firefighters to respond to emergencies because they had a young daughter in their home.
The department reeled from fall-out of the scandal. Up until now, it had never dealt with such a serious incident.
The chairman of the fire commission, Robert Kanner, was running in a hotly contested primary for a seat on the county board. The sex scandal swirled around him and when election day rolled around, Kanner was soundly thumped. He says the sex scandal spelled his doom.
Kanner and four other commissioners who set policy for the fire department are at a loss as to why Seminole County can't seem to make up its mind whether it will formally charge the accused firefighters, who denied the woman's accusations that she was raped. They say it was consensual sex.
One of our reporters checks every day to see if the state attorney has made a decision yet. For months, the answer has always been "no."
The delay for a decision is outrageous.
If the state attorney for our judicial district, Brad King, were to handle a case this way, he would be pilloried. Apparently, the Seminole County lawyers could care less about the effects this case in having on Hernando County.
Perhaps King could put pressure on the lackadaisical state attorney in Seminole County and push him for speedier service.
We recommend Fire Board Chairman Kanner contact King at his Ocala office and request help. This scandal needs to be resolved soon so the fire district can recover.
It's too good a fire department to remain under such a cloud for so long.

[captstanm1]

The State's Attorney's Office has closed it's case on this incident. The story is included here. Now we wait for the internal investigation to be completed.

________________________
St. Petersburg Times--Hernando Edition

Evidence lacking of rape by fire crew

Officials say there isn't enough evidence to prosecute three Spring Hill firefighters for an alleged rape at a convention in June.
By JAMIE JONES, Times Staff Writer
© St. Petersburg Times
published November 6, 2002

SPRING HILL -- Three Spring Hill firefighters won't face rape charges for a June incident involving a 32-year-old woman at an Altamonte Springs convention.

"There is insufficient evidence to prosecute," said Stewart Stone, a prosecutor with the Seminole County State Attorney's Office.

The firefighters -- Lt. John Ferriero, Edward Falk and Tom White -- have been on paid leave since Aug. 19.

Chief J.J. Morrison said he will soon decide whether the firefighters must remain on suspension while Spring Hill Fire Rescue completes its own inquiry into possible district policy violations.

Stone declined to discuss his decision and would not immediately release public records detailing the investigation.

The woman who accused the firefighters, reached shortly after she learned the news, was in tears.

"I'm very disappointed," she said. "If anyone ever came to me and asked if they should file rape charges, I would tell them no. It's such a hard thing to go through."

The woman, whose name is withheld due to the nature of the allegations, said she had been dating Falk and he invited her to a firefighters' convention in Altamonte Springs on June 2.

She told police she got drunk and that the men had sex with her in a hotel room. She said she was too drunk to consent and that the men took advantage of her.

She waited 24 days before reporting the incident to the Altamonte Springs Police Department on June 26. She said she was ashamed about what happened and intimidated by the firefighters. Ferriero is union president and Falk is vice president.

None of the accused firefighters could be reached for comment Tuesday.

The decision not to press charges was announced the same day that Spring Hill Fire Rescue asked voters to grant it independence from Hernando County. The district is overseen by five elected commissioners, but the county must approve its annual budget of about $8-million.

Whether the district is ready for independence was called into question during the rape investigation. Chief Morrison initially kept the investigation quiet and arranged for Altamonte detectives to meet with the firefighters so that their families would not find out about the allegations.

Also, he let the firefighters keep working while detectives looked into the allegations. Other public safety agencies, such as the Hernando County Sheriff's Office, routinely suspend employees with pay until the facts are gathered in criminal investigations.

Morrison suspended the firefighters after the investigation was made public in August.

So far, their leave has cost the district more than $10,000, Morrison said.

The district has hired Walter Dry, chairman of the local human rights coalition, to conduct an internal investigation.

Several fire commissioners said Tuesday that they would wait for more information before commenting.

Although the prosecutor's case file was not available, one document shows that a State Attorney's Office investigator interviewed a waiter at the Bahama Breeze restaurant in Altamonte Springs. He remembered the firefighters and the woman.

Rob Amyx told the investigator that the woman was quiet and wore a dress with flowers on it. He remembered the woman and Falk kissing. He thought they were together.

He said Falk was loud and arrogant and asked him if the waiter also wanted to kiss her.

Amyx said the woman became more suggestive toward Falk as she drank more alcohol. Investigators believe she ordered four rum and Cokes and had at least two shots of tequila.

Amyx said the woman left arm-in-arm with Falk, who said loudly, "I'm gonna get some. I'm gonna get laid tonight."

The woman said Tuesday that she has been through hell since reporting the incident.

She believes the Altamonte Springs Police Department did not take her report seriously. She was also upset after fire commissioners made insensitive comments in local newspapers, such as calling her a "groupie firefighter girl."

She said she was sorry that she had dated Falk, who is married.

"I understand that meeting up with a married man is wrong, and that's between me and God," she said. "I think I more than paid for my stupid mistake. I'll have memories and flashbacks for the rest of my life. I think something should happen to them. Most likely, it won't. We'll see."

- Jamie Jones can be reached at 754-6114. Send e-mail to jjones@sptimes.com.

[captstanm1]

Files containing statements were recently released. There is a link to that story as well as one to another story discussing the proposed internal investigation and the fact that the original investigator that was tapped has let his license expire.

In my humble opinion this fiasco has gone on way to long and needs to be settled for the benefit of all parties involved. The state attorney's office has cleared the individuals of any criminal activity...Let's move on!

____________________________

http://www.sptimes.com/2002/11/14/Hernando/Documents_released_gi.shtml

http://www.sptimes.com/2002/11/14/Hernando/3_firefighters_to_rem.shtml

[5pts384]

I've missed your entries lately--welcome back. Put those poor fellows back to work.

[captstanm1]

HERNANDO TODAY

Chief recommends dropping Dry
MICHAEL D. BATES mbates@hernandotoday.com
Published: Nov 14, 2002


SPRING HILL - Spring Hill Fire Chief J.J. Morrison will recommend to his board that it drop retired consultant Walter Dry as the lead investigator of its probe into three firefighters accused of inappropriate sexual conduct.
Instead, Morrison will recommend turning the investigative reins over to VTR, a Spring Hill-based private firm that handles background checks for district hires.
Instead, Dry would advise the district on an as-needed basis, with a salary to be determined, Morrison said.
Dry was to be paid $50 an hour as an investigator.
Morrison said he made the move after consulting with district attorney Andrew Salzman. Because Dry's investigative license has expired, he could not legally head up the case, according to the state's division of licensing.
"We need to find a licensed investigator to do this," Morrison said Thursday. "We already deal with VTR. They've done a very good job for us in the past (and) been very thorough."
Until the matter is settled, Lt. John Ferriero, 39, Edward Falk, 39, and Tom White, 38, remain suspended with pay.
"I'd say roughly right now we're back to square one," said Fire Commissioner Gene Panozzo.
Panozzo questioned VTR's expertise in handling sexual misconduct investigations.
"Are they qualified to do this kind of investigation?" he asked. "They do background checks on new employees but this is different."
The Seminole County state attorney's office couldn't find any evidence to prosecute three Spring Hill firefighters of raping a 32-year-old woman during a June convention in Altamonte Springs.
An Altamonte Springs police investigation also concluded there was insufficient evidence.
But Spring Hill fire commissioners, wanting to know if the men broke any internal department policies, hired Dry in September to conduct a separate inquiry.
Dry said he talked to Morrison last week by phone and during the course of the conversation, he mentioned that his investigative license had expired.
But Dry said it doesn't make any difference because it is an internal matter. He was going to consult, not investigate, Dry said.
"I did not need (a license) in this case," Dry said. "I have done all sorts of inquiries, not only for Spring Hill, but for Hernando County and many other agencies. But as a consultant. I am not a private investigator."
Dry would not comment on possibly being dropped off the case "until I receive it in writing."
Fire commissioners were hoping to put the entire matter to rest after five months of controversy. The three men, on paid leave for two months, continue to cost the district in overtime pay while replacements fill in on their shifts.
Panozzo said the board will have to formally meet to "un-hire" Dry and approve VTR. This kind of thing cannot be done over the phone, he said.
But Fire Commissioner Tommy Marasciullo believes Morrison can "jump on it immediately" without having the board reconvene.
With both the state attorney and the Altamonte Springs police department unable to find evidence of charging the three men, Marasciullo believes it is time to put all three back to work and drop any further investigation.
"They both found them innocent," he said. "But if the rest of the board and the chief feel (differently), then so be it."
Fire District Acting Chairman Jeff Hollander said he is confident with Morrison's recommendations and sees no need for a special meeting.
Hollander said it is imperative the district conduct its own internal investigation, even though the rape allegations have been lifted.
"Absolutely," Hollander said. "To me that's not even a question."
Depending on VTR's findings, "the range of things that could happen to them is nothing, all the way up through termination," Hollander said.
The three could fight any disciplinary action by filing a grievance through the firefighter's union.

[captstanm1]

St. Petersburg Times--Hernando Edition

Fire investigation nearing end
The company gathering data on the conduct of three Spring Hill firefighters should finish its work next week. Officials say they want to act quickly.

By ROBERT KING, Times Staff Writer
© St. Petersburg Times
published November 22, 2002


SPRING HILL -- A private investigation firm hired to gather evidence about the behavior of three Spring Hill firefighters should finish its work next week, bringing the saga closer to an end.

Spring Hill fire Chief J.J. Morrison said VTR Investigations of Spring Hill will gather copies of investigative reports from prosecutors and police in Seminole County, where a Spring Hill woman told investigators she was raped this summer by three Spring Hill firefighters.

Seminole County authorities found insufficient evidence to charge the firefighters with a crime. But the fire district is looking into whether the firefighters violated departmental policies and whether any punishment is needed.

Besides getting existing documents, VTR also will give the department a recommendation about whether more information is needed, Morrison said.

Once all the evidence is gathered, it will be turned over to assistant fire chief Bill Davies. He'll determine whether a violation occurred. If he finds rules were broken, he'll recommend a punishment.

At that point, Morrison said, the firefighters, on paid leave for the past few months, would be entitled to a closed-door disciplinary hearing. A final decision on their fate would fall to Morrison, although they could appeal to the fire commissioners who oversee the district.

Still up in the air is what role Walter Dry, a consultant fire commissioners retained to conduct the internal investigation before Morrison shifted that responsibility to VTR, will play. Commissioners will discuss Dry's role at their meeting on Monday night.

Morrison decided to give the inquiry detail to VTR after learning that Dry lacked a private investigator's license.

That fact came to light after Morrison got a phone call from Jack Scott, a private investigator who had helped fire commissioners set up their procedure for conducting internal investigations.

Scott declined initial requests from the fire district to do the investigation, Morrison said. But it turns out Scott once owned VTR, which he sold 21/2 years ago, and remains a consultant to the company. His wife of three months, Cindy Leach, is VTR's vice president and a minority stockholder.

After problems arose with Dry's license, Scott said he suggested to Morrison that VTR be retained for the investigation. Since the fire district has an existing relationship with VTR -- the firm does background checks on the fire district's prospective employees -- using VTR would be quicker than trying to go out and solicit a new firm, Scott said.

"The whole idea here was to move the thing along and get it moving," Scott said. "Because I am a citizen, I too am frustrated."

Morrison said he remembers Scott advising him to seek Dry's credentials, but he does not recall Scott recommending VTR for the job. Nevertheless, Morrison said that since Scott was the fire board's first choice to do the work anyway, any involvement Scott may have would be a bonus.

It isn't clear, though, whether VTR investigator and president Donna Schrang will need Scott. For its work, VTR will receive $50 an hour.

The case, involving firefighters Lt. John Ferriero, Edward Falk and Tom White, dates back to June, when allegations of rape made by a Spring Hill woman first arose. The matter became public knowledge in August and the firefighters have been on paid leave since Aug. 19.

Morrison said the final outcome of the case should come quickly after VTR's work is done.

"(For) the rank and file (firefighters) here, the people of Spring Hill, it is best for everyone that we resolve this as quick as humanly possible," he said.

Dry could not be reached for comment.

-- Times researcher Caryn Baird contributed to this report. Robert King covers Spring Hill and can be reached at 848-1432. Send e-mail to rking@sptimes.com .

[captstanm1]

St. Petersburg Times---Hernando Times


New president to lead firefighters

Buffeted by a rape inquiry, the Spring Hill firefighters union will have a new leader, Capt. Mike Rampino.

By ROBERT KING, Times Staff Writer
© St. Petersburg Times
published November 26, 2002


SPRING HILL -- The Spring Hill firefighters union, which has watched for months as its president and vice president were embroiled in a rape investigation, has new leadership.

Capt. Mike Rampino, one of the highest ranking firefighters in the district, will become president of the Professional Firefighters of Spring Hill, Local 2794.

Rampino was unopposed in his bid for the presidency, which has been held for the past 10 years by Lt. John Ferriero. Ferriero is one of three firefighters at the center of the rape allegations. Prosecutors declined to press charges.

"I'd like to get things on track if possible," Rampino said.

Ferriero and union vice president Edward Falk, along with firefighter Tom White, were accused in June of sexually assaulting a Spring Hill woman at a firefighters convention near Orlando.

After a lengthy investigation, prosecutors decided there was insufficient evidence to file criminal charges. But the three firefighters still face possible disciplinary action if fire district officials determine they broke department policy.

Ferriero, like the other two accused firefighters, remains on paid administrative leave until the department's internal investigation is complete. He could not be reached Monday for comment.

Rampino said Ferriero chose not to seek another two-year term as president. Falk, on paid leave, is still the union's vice president. His term is not yet complete.

Rampino, 39, received the appointment as union president late Friday. He said he hasn't had time to develop an agenda. But he said he wants the union to continue its good working relationship with fire commissioners and fire department managers, and continue the department's quality fire service to the community.

"We belong to a proud organization, and we just want to get back on our feet and press forward," Rampino said.

Rampino is a shift commander, which means that during the hours that he works he is directly responsible for the operation of the fire district, answering only to the fire chief and the assistant fire chief.

Rampino has previously served as a vice president in the union. Union treasurer Lt. Alex Lopez, a firefighter/paramedic, said Rampino served well in that role.

"He is a good leader. He has a good rapport with not only the people underneath him, the firefighters, but also the administration and the fire commissioners," Lopez said.

Fire chief J.J. Morrison said he looks forward to working with Rampino.

[captstanm1]

St. Petersburg Times--Hernando Section

New fire commissioner stirs things up
At his first meeting on the Spring Hill fire board, Darryl Hamilton raises a series of pointed questions.
By ROBERT KING, Times Staff Writer
© St. Petersburg Times
published November 27, 2002


SPRING HILL -- Darryl Hamilton made quite a splash in his debut Monday night as the newest Spring Hill fire commissioner.

He questioned whether the fire chief overstepped his authority. He questioned the credentials of a company hired to handle a personnel investigation. And he questioned whether the fire board's acting chairman had a conflict of interest with that company.

In fact, Hamilton asked so many questions that one of his fellow board members, Tommy Marasciullo, suggested that Hamilton bring sandwiches to the next meeting so everyone could munch on them while he's getting his answers.

Before it was all over, Hamilton even managed to rock the previously established formula for resolving the department's sex scandal, which has sometimes seemed like a form of slow torture as it has worn on. Officials hope the matter will be resolved by next week.

Hamilton, an insurance industry retiree who lives in Timber Pines, was unapologetic about his curiosity. Nor was he bashful about immediately making his presence known.

His primary target was how the department has been conducting its inquiry into the actions of three firefighters accused in June of raping a Spring Hill woman at a convention north of Orlando. The firefighters were not charged with a crime. Prosecutors said there was insufficient evidence to do so. But whether they broke departmental rules is an unanswered question.

Hamilton also said that fire Chief J.J. Morrison wasn't authorized to hire a private investigative firm to gather evidence for the department's inquiry.

The fire board voted Sept. 25 to hire personnel consultant Walter Dry to do the investigation. When it turned out that Dry lacked the proper investigator's license to legally gather evidence for the department, Morrison hired VTR Investigations of Spring Hill.

Hamilton says the fire chief should have called an emergency meeting to seek the fire board's permission to go with VTR. The path he chose -- to contact commissioners individually about his choice to hire another investigator -- should not be the way business gets done.

"I think he stretched his authority some," Hamilton said in an interview Tuesday.

Regarding VTR, Hamilton questioned whether a company whose initials stand for Vehicle Tracking Redemption was qualified to gather evidence in a matter concerning rape allegations. VTR's Web site, he noted, primarily promotes the firm's prowess at recovering stolen vehicles.

Already, VTR serves the fire district by doing background checks on prospective employees. Hamilton asserted that it would have been better to go with a firm with no ties to the district. Nor did he care for the fact that VTR was recommended by Jack Scott, the company's founder and former owner whose inquiry about Dry's credentials led to the discovery of Dry's lapsed license.

Regarding the fire commission's acting chairman, Hamilton was concerned that Jeffrey Hollander does business with VTR on the side. He said the relationship could create a perception that the investigation is not objective. He said he hopes using VTR won't taint the process.

Hollander said he hired VTR to do background checks on people applying for jobs in his medical software company. Hollander said the fire district had been using VTR before he joined the fire board and that he has no other ties to VTR. Asked if he found Hamilton's insinuation offensive, Hollander said: "I'm going to remain neutral on that."

For all the questions, it may have been Hamilton's view of the fire board's role in determining the fate of the three firefighters that caused the greatest stir.

Until now, the fire chief has contended that department policy gives him the ultimate power to decide what punishment, if any, should befall the three firefighters. Should they object to punishment handed them, the idea was that the firefighters could appeal to the fire board.

But at Monday night's meeting, Hamilton said the fire board shouldn't have to hear about the chief's disciplinary action after the fact. He said he hoped the chief would give the board a recommendation on his action before actually taking it.

That prompted Mike Rampino, president of the firefighters union, to ask how the board could serve as a final court of appeals for the firefighters if the board has had input on the initial punishment.

Rampino's concern seemed to echo that of fire board attorney Andrew Salzman, who earlier said commissioners should not be witnesses in a case in which they might wind up being the jury.

In fact, Salzman said the fire board probably should not have involved itself in hiring the investigator and instead should have left it to Morrison and Bill Davies, assistant fire chief. However, Salzman did not raise that concern when the board hired Dry in September.

Even so, Salzman said Monday that it would be best for the board to trust the assistant fire chief and the chief. "In this case, there was a bit of a knee-jerk reaction that people were concerned that the administration couldn't do this job on their own," Salzman said.

On Monday, the board formally voted to give Morrison broader authority to use Dry and anyone else he needs for the investigation.

Morrison is comfortable that he acted within his authority. But he said Hamilton's desire to see the board brought into the loop has forced him and Salzman into searching for a middle ground that doesn't compromise the board's role as appellate jury.

And, despite the questions, Morrison says all five commissioners have expressed their confidence in him.

"This is a difficult time for everyone in our department. Nerves are frayed," Morrison said. "We will persevere and we will continue to move in a forward direction. Even with the comments made (Monday) night, I look forward to working with the new commissioner."

[captstanm1]

St. Petersburg Times--Hernando Online Edition

Firefighter decision delayed

Chief Morrison hoped to have a decision this week but wants more time to weigh the fates of three Spring Hill firefighters.

By JAMIE JONES, Times Staff Writer
© St. Petersburg Times
published December 7, 2002
--------------------------------------
SPRING HILL -- Spring Hill Fire Rescue Chief J.J. Morrison said he hopes to decide next week whether three firefighters who were accused of rape will keep their jobs.

The firefighters, still on paid leave, were not charged with a crime. However, Morrison is trying to determine whether they violated any department policies in June when they met a 32-year-old Spring Hill woman at a convention north of Orlando.

The woman later accused the men -- Lt. John Ferriero, Edward Falk and Tom White -- of raping her in a hotel room. Prosecutors said last month that they had insufficient evidence to press charges.

Morrison hoped to make a decision this week, but said he needs more time.

He hired VTR Investigations of Spring Hill to look into the matter.

Darryl Hamilton, the newest commissioner on the five-member fire board, asked Morrison during the last meeting to inform the board of any disciplinary action before making a final decision.

The board attorney and union officials are concerned about the fire commissioners becoming involved because they would serve as a final court of appeals if the firefighters protest Morrison's decision.

Morrison declined to discuss the issue on Friday, saying only that he hoped to tell the firefighters of his decision by next week.

-- Jamie Jones covers law enforcement and courts in Hernando County and can be reached at 754-6114. Send e-mail to jjones@sptimes.com.

[LadyCapn]

If the Justice system cannot find sufficient evidence to charge them of a crime, how then can their employer fire them?

[captstanm1]

Ladycapn.....

It appears to me that they issue of criminal wrong doing is certainly over.

The issue now seems to be that the Department (or my guess would be the commission) is trying to decide if the violated "Department Rules" with the conduct at the Convention. Ties into phrases like "conduct unbecoming" and "morally correct."

We are only reading what the press decides to report here (and we all know what that means). What is right is right and what is wrong is wrong...you know how it goes. As you say.....They ahve been cleared of criminal charges....and on suspension for several months...not to mention publicly embarassed and most likely have had their personal life tremendously effected. One is not longer the Local IAFF President. Enough is enough. I think they have received punishement enough. I understand the concept of the investigation....but...

[LadyCapn]

Exactly.
There is insufficient evidence that a crime was committed to file and persue criminal charges. Was it morally wrong for all three men to engage in sexual activity with this woman? That again depends on our individual morals. We'll all agree that it probably wasn't very smart, but a crime? According to the Florida State Attorney, no. Therefore, how can an employer deem these employees have committed "moral turpitude" or "conduct unbecoming"?

As quoted in one of the original stories:
"Should your boss be able to tell you what you can do?" he asked. "They were not representing this department."
They were not representing the Fire Department. The Fire Department I'm assuming had not paid their conference fees.

[Duffman]

What do they mean? "...decide if they broke FD rules"

Read the rules and regs. If specific rules/regs were broken, then punish those involved according to the disciplinary procedures spelled out in thier union contract ( I would hope they have addressed discipline in the contract)

If no specific rules were violated, end this BS and get them back to work.

[captstanm1]

ST. PETERSBURG TIMES--HERNANDO EDITION

Firefighters to face disciplinary hearing
Three firefighters, accused in the sex case, could face punishment ranging from suspension to dismissal.

By ROBERT KING, Times Staff Writer
© St. Petersburg Times
published December 17, 2002

SPRING HILL -- The Spring Hill Fire Rescue District's investigation of three firefighters accused this year of rape has found that they "appear" to have violated department rules relating to immoral behavior and sexual misconduct, even though they were not charged with a crime.

The violations are serious enough to warrant a disciplinary hearing -- possibly as early as Thursday -- that could result in punishment ranging from suspension to dismissal.

Assistant Fire Chief Bill Davies, who was in charge of the internal investigation, turned his findings over Monday to Chief J.J. Morrison, who will conduct the discipline hearing. Morrison, who also will decide on any punishment for the firefighters, had no comment about Davies' findings.

Davies based his conclusions on what he saw in reports filed by Seminole County prosecutors and police in Altamonte Springs, where the rape claim was filed in June.

He also interviewed the accused firefighters -- Ed Falk, Tom White and Lt. John Ferriero -- and asked if they had anything pertinent to add. According to Davies, they had little to say other than "they were sorry for what happened to the department and their families."

Davies did not interview the Spring Hill woman who made the rape allegations, instead choosing to rely on statements she gave to prosecutors and police.

The woman, whose name has been withheld by the Times because of the nature of the allegations, says the three men raped her on June 2 at a firefighters convention in Altamonte Springs, north of Orlando. She reported the incident to police on June 24.

The firefighters have made no public comments about the allegations. But they told authorities the woman consented to engage in various sex acts.

Citing the conflicting statements and changes in the woman's story, Altamonte Springs police referred the case to Seminole County prosecutors with no recommendation to file charges. The prosecutors reviewed the case and declared there was insufficient evidence to charge the men, ending the criminal case.

The firefighters have been on paid leave since Aug. 19.

In his report, Davies found the firefighters "appear to" have violated department policy in two areas:

"Immoral or improper conduct or indecency, on or off the job, which would tend to affect employees' relationship to the job, another employee's reputation, trust or goodwill in the community."

"Sexual misconduct in that the act was sexual and meets the broad definition of misconduct."

The severity of district policy violations is graded on three levels, with the third level being the most serious. Immoral behavior is a Level 2 offense, punishable by up to a suspension, Davies said. Sexual misconduct is a Level 3 offense, which can result in termination.

Davies would not elaborate on his use of the phrase "appear to."

The woman involved has been critical of the department's handling of the case from the start. On Monday, she said Davies should have given her an opportunity to speak to him in person, as he did the firefighters.

"It's my personal opinion that it's one thing when you have to read my statement and it's another when you have to look into my eyes and see what I have to stay," she said.

"As far as I'm concerned, it seemed like the circus came to town and never left."

Ferriero and Falk could not be reached for comment. Tom White would offer no comment. The attorney who represents all three men, Jeff Cario, did not return calls from the Times.

The president of the firefighters union, Mike Rampino, said the department must give the firefighters three days' notice before conducting a disciplinary hearing. He had little to say about the specifics of Davies' report, though he admitted surprise that the firefighters were hit with a Level 3 offense.

Davies said he consulted fire district attorney Andrew Salzman and personnel consultant Walter Dry before issuing his findings. He relied on VTR Investigations to gather documentary evidence.

Davies said former fire commissioner Bob Kanner also contacted VTR to offer information on the case. Kanner said he told VTR everything the firefighters told him in early July when they learned that he knew of the allegations. Kanner would not reveal specifics of what that amounted to.

-- Robert King covers Spring Hill and can be reached at 848-1432. Send e-mail to rking@sptimes.com .

_____________________
Here is a link to a second related story that is not quite as in depth.
http://www.hernandotoday.com/MGA07XE2T9D.html

[captstanm1]

Chief Morrison levies his punishment on the 3 firefighters, bringing this saga closer to closure. I am sure that the next step will be for the firefighters to appeal and appear before the Fire Commission. Here is a link to one paper's story and the entire story from another paper.

HERNANDO TODAY LINK: http://www.hernandotoday.com/MGA36CPEX9D.html

ST. PETERSBURG TIMES---HERNANDO Today

Firefighters punished in sex case
The penalty varies for the three men investigated on a woman's claim of rape. It includes suspension without pay, lost vacation time and a probationary period.
By ROBERT KING, Times Staff Writer
© St. Petersburg Times
published December 20, 2002

SPRING HILL -- The three Spring Hill firefighters involved in a sex scandal since June were hit Thursday with suspensions ranging from two to four weeks, lost benefits and other disciplinary measures. But each will keep his job.

Firefighters Tom White, Ed Falk and Lt. John Ferriero were punished for their involvement with a woman at hotel north of Orlando that initially put them under investigation on accusations of rape.

Authorities in Seminole County decided there was insufficient evidence for criminal charges. But a departmental inquiry found that the men were guilty of violations of Spring Hill Fire Rescue District policies that could have resulted in their termination.

Fire Chief J.J. Morrison said he agreed with the findings, which cited the men for sexual misconduct and immoral behavior. But he said their actions went beyond violations of department rules.

"Perhaps more importantly, you have tarnished the reputation of this department and threatened the trust of the community that we serve," Morrison wrote in their discipline reports. "The trust of our community will have to be regained not only by you but by every member of our organization."

Ferriero, who until recently was president of the local firefighters union, was hit with the most severe punishment -- a four-week suspension without pay. White and Falk will be suspended without pay for two weeks.

Ferriero and Falk will lose 52 hours of vacation time; White will lose 40 hours.

In addition, Ferriero will be reassigned for two months to another station and not be allowed to supervise others until an evaluation by his new shift commander.

Morrison declined to discuss the varying punishments, and his statement did not indicate the reason for the differences.

Common to all three men will be:

-- A one-year probationary period.

-- A chemical and alcohol dependence evaluation by a mental health counselor.

-- A "fitness to serve" evaluation by a licensed counselor that must come before each can return to duty.

-- A six-month prohibition from assignments that would require any of the three firefighters to work together.

-- Submission of a letter of apology to the department.

-- A prohibition against making disparaging remarks against anyone involved in the incident.

The woman who said she was victimized by the men was not convinced that the punishments were sufficient.

"That's a complete joke," she said Thursday evening. "That's all I have to say."

The punishments came exactly four months after the men were placed on administrative leave that kept them on the payroll but off duty.

Everything began on June 2, as White, Falk and Ferriero were attending a firefighters convention in Altamonte Springs. Falk invited a 32-year-old Spring Hill woman to join the men at the hotel where they were staying.

According to statements given to authorities, the four drank heavily that evening. It eventually led to what the men described as consensual sex acts but what the woman described as rape.

On June 26, the woman reported the incident to Altamonte Springs police. She said she waited so long because she was ashamed and intimidated by the men. The police and prosecutors in Seminole County, hearing the conflicting stories and noting some nuances in the woman's accounts of the evening, decided not to levy criminal charges.

Thursday, the firefighters faced their fire chief about the incident in separate closed-door disciplinary hearings. And as they emerged, still not knowing the punishment that would come down a few hours later, each offered his first public statements.

According to statements given to authorities, the three firefighters and the Spring Hill woman drank heavily that evening. It eventually led to what the men described as consensual sex acts but what the woman described as rape.

White, 38, expressed regret at the embarrassment his actions had caused the department and the community.

But he said, "I feel like I'm the victim of malicious statements and malicious lies."

He said the four months off duty had driven him "stir crazy."

"I just want to come back to work. I miss my job. I love working here," he said. "I'd be back to work tomorrow if he told me to come to work. That's the way I feel."

Falk, 39, said it was time for the truth to come out.

"The things that have been said about me are lies and exaggerations. I feel the entire situation has been an insult -- an insult to me, an insult to my family, an insult to the people of this community who have had to read about this for months on end," he said.

"And most of all, it is an insult to any woman who has ever actually had to live through such a heinous act."

Ferriero, 39, said he had apologized to his bosses during the hearing and that he would continue to apologize "to my family and loved ones and offer my humblest apologies . . . to my co-workers and to this entire community for which I've dedicated 18 years of my life for any embarrassment that my role in this has caused.

"It's been an experience I would wish on nobody."

The firefighters could not be reached for comment after their punishments were announced Thursday evening.

The announcement included the disclaimer that his actions were guided by department policies and by what the department's attorney deemed "defendable."

"I have made every effort not to allow the media attention or political pressure to affect my decision," Morrison wrote in the statements that will go in the personnel files of the firefighters.

"I am confident that these actions and your positive response to them will allow us to regain the trust of our community."

-- Robert King covers Spring Hill and can be reached at 848-1432. Send e-mail to rking@sptimes.com .

[captstanm1]

As I thought, because of the local publicity in the news and the politics involved the Fire Commission is questioning the discipline. The Chief defends his rulings.

St. Petersburg Times--Hernando Edition

Penalties too light, say fire officials
Fire Chief J.J. Morrison's punishment of three firefighters was severe, but didn't go far enough, say some on the district fire board.

By ROBERT KING, Times Staff Writer
© St. Petersburg Times
published December 21, 2002

SPRING HILL -- The suspensions given Thursday to three Spring Hill firefighters were some of the most severe disciplinary penalties in the fire district's 28-year history. Yet some people are convinced they were not harsh enough.

Lt. John Ferriero was suspended without pay for four weeks. Firefighters Ed Falk and Tom White were suspended without pay for two weeks. All three were placed on probation for a year. Each must forfeit vacation and sick leave hours. Other penalties, including requirements for counseling, were levied as well.

Handed down Thursday by Fire Chief J.J. Morrison, the punishments were a response to a sex scandal involving three married firefighters, a young woman and a night of hard drinking at a firefighters convention near Orlando.

The woman said the men raped her. The men said she was a willing participant in a variety of sex acts. Seminole County authorities found insufficient evidence for criminal charges.

The fire district ruled that the firefighters broke its rules against sexual misconduct and immoral behavior. Beyond that, Morrison said, the behavior had tarnished the department's reputation.

Some of Morrison's bosses -- members of the district fire board -- question whether he went far enough. Darryl Hamilton said Friday that the punishments were, at first glance, "a little light." Richard Martin said they simply weren't enough. He had not counted out the possibility of requesting a special meeting to overrule Morrison's decision.

"I haven't ruled out pursuing termination," he said.

Martin said that, after consulting with fire board attorney Andrew Salzman, he believes that such an option -- to enact a harsher punishment -- would be open to the board. Other officials weren't clear on that point Friday. Salzman did not return calls.

Only fire Commissioner Jeffrey Hollander expressed support for Morrison's actions, which he described as "very prudent" and "highly thought out."

"I believe he took the violations extremely seriously," Hollander said.

The other two commissioners, Tommy Marasciullo and Gene Panozzo, were not available for comment.

The 32-year-old Spring Hill woman at the heart of the incident said the punishments were a joke.

"Kids in high school get suspended longer for smoking pot on campus," said the woman, whose name is being withheld by the Times because of the nature of the case.

Under the contract that the fire district has with the firefighters union, the three men have seven days to file a grievance that would, in essence, appeal the severity of their punishments.

But union president Mike Rampino said Friday that two of the men -- Ferriero and White -- would accept their punishment without appealing to the fire board. Rampino said he had not been able to speak with Falk.

White and Falk would not discuss their punishments Friday with the Times. Ferriero could not be reached for comment.

All three men had been on paid leave since Aug. 19 as the case was investigated. On Monday, they will begin serving their unpaid suspensions.

For Falk, the two weeks off will cost nearly $1,500. For White, the cost of two weeks will be about $1,300. For Ferriero, the highest ranked of the three, the four weeks without pay will cost about $3,700.

Fire district policy says that discipline should be more corrective than punitive, as Morrison noted when he announced the punishments Thursday. Even so, Morrison said Friday that he considered the punishments to be as severe as they could be, short of firing the men.

"To my knowledge, there has never been discipline of this severity issued in this department," said Morrison, who has been with the fire district for 17 years.

-- Robert King covers Spring Hill and can be reached at 848-1432. Send e-mail to rking@sptimes.com .

[captstanm1]

Here are some letters to the Editor that posted today... I knew this would be next.

St. Petersburg Times--Hernando Edition

Letters to the Editors
Everyone makes mistakes

© St. Petersburg Times
published December 22, 2002

Editor: Re: Firefighters punished in sex case, Dec. 20 Times.

I am glad the dark cloud over the Spring Hill Fire Rescue District is finally over. The punishments issued are fair and just. As in all organizations, a few do not represent the majority.

As a person who has been involved with fire service in New York all my life, I appreciate what a firefighter does in the line of duty. But I also know they are only human and, like all of us, make mistakes.

It is time to put this away and move on. The people of Spring Hill should be proud they have a fire department with leadership that does not buckle under pressure and is willing to weigh all sides before making decisions, not basing those decisions on what is politically correct but what is morally right.

I had to use SHFR many times for my father before he passed away and there is no finer group of professionals. They were wonderful to my father and to me in our times of emergency.

It takes a special person to become a firefighter or a paramedic, and SHFR has the best. I hope the people of Spring Hill will recognize this for what it is -- a few men who made an error in judgment in their personal lives and are being punished accordingly.
-- Marge, Spring Hill
______________________________ _______
Resident upset with fire chief
Editor: Re: Firefighters punished in sex case, Dec. 20 Times.

Well, the administration of the Spring Hill Fire Department has spoken. Maybe this issue is over and maybe not. As I have reserved judgment as was requested early on in regard to this situation, my silence is now being broken.

First, in my circle of friends and acquaintances, our wishes and the good of Spring Hill were never taken into consideration.

Pay attention, Chief J.J. Morrison; this is for you. If you think for one minute that my wife or my daughters, or daughter-in-law will ever end up being transported in one of your EMS modules, think again. You must believe in the tooth fairy if you think I would let any one of these individuals ever lay a hand on one of my female family members.

This whole issue smells like 3-day-old fish.

Take my name off your list of contributors. From now on my car will be gassed and faced out to provide my own emergency transportation.

You must think the residents of Spring Hill are a bunch of mindless fools. Merry Christmas and happy new year.
--John, Spring Hill

[CaptainGonzo]

Marge can see the big picture.
John is myopic!

[ChiefReason]

CaptStan:
Man, you picked a good one. This incident gives everyone from the top down and from the bottom up a plethora of moral dilemmas to consider. But first; why is the fire department allowing this nameless "victim" to continue to offer her insights and remain anonymous? She continues to believe that anything short of public castration of these firefighters is a joke. These guys were tried, convicted and sentenced in the local newspapers. Their private and public lives were destroyed. The public trust has suffered. And she gets to continue to run her mouth and at the same time, carry on her life in total anonymity. Look at all of the counselling the firefighters must take. Has she come to grips with the fact that she has "problems"? I don't think so. Everyone involved in this case was a victim. She knew what the rules were as soon as she agreed to the trip being offered by a married man, no less. She didn't deserved to be forced to have sex, which I believe she wasn't. I believe that it was consensual. She said it wasn't consensual; she was drunk. How would she know if she was too drunk? I seriously question her character. Her judgment was impaired by alcohol and so was theirs. It was unfortunate, but not criminal. I am guessing that she waited, because morality got to Falk and he broke off the relationship. She retaliated by screaming "rape". These are just my opinions.
As far as the "letters to the editor"; Marge has some sensibilities; John, on the other hand, is a certified idiot. Here's a newsflash, John; when you feel your chest starting to tighten to the point that you can no longer breathe, you are sweating profusely and puking your guts out, you WILL call the fire department or die trying.
You're the man, Stan.

[jaybird210]

I find it interesting that two of the three represent the top leadership of the union.

With all of the peter-pulling about the PI and the other business from the board and chiefs, I wonder if there wasn't some closed-door shenanigans taking place, a la "stick it to the union...."

Just fot the record, I am not unionized.

[captstanm1]

St. Petersburg Times....Hernando Edition

Letters to the Editors
Let administrators make decisions

© St. Petersburg Times
published December 24, 2002
------------------------------

Editor: Re: Firefighters punished in sex case, Dec. 20 Times.

Here we go again. I totally disagree with Chief J.J. Morrison's decision. A suspension for four months with pay, and then suspension for four and two weeks without pay, does not sound very much like punishment to me.

Whatever happened, whoever was at fault, the egg is still on the faces of the residents of Spring Hill. However, what I object to more is the interference of the Spring Hill Fire Rescue District Commission into this matter (Penalties too light, say fire officials, Dec. 21 Times).

Gentlemen, you hired Chief Morrison to do a job. You gave him that responsibility. Let him do his job and be willing to take the heat if he makes what you feel is a wrong decision. If you feel he is not doing the proper job, you need to find yourself a new fire chief.

The same goes for the County Commission. You hired Richard Radacky to do a job. If he wants to hire Mickey Mouse as an assistant, so be it! That is why he is the county administrator. That's why you pay him a very handsome salary.

Both boards, by micromanaging, have turned up bloody and bruised before. And the people of Hernando County take the brunt.

I almost forgot about the School Board, but perhaps that's for another time. Back off and let these administrators do their jobs, or get rid of them.
-- James, Spring Hill
__________________________

Firefighters' poor decision brings shame to county

Editor: As a homeowner in Hernando County who now resides in another county, I find it hard to believe the acts of the three Spring Hill firefighters were a "mistake." Mistakes happen, but I feel for the wives of the married firefighters who committed adultery, which is a decision they made and must face punishment for.

As I have taught my children, "Any decision you make today can and will follow you through life and will cause me to make a decision you may not like (punishment)." They decided to have sex with a woman, she decided to come forward, and they must face the decision that has been handed to them in the form of punishment. I do not feel it is enough.

I would be irate if my spouse caused such an uproar in the community and had such low standards to do such a thing. Where are the morals and values of these men and the woman involved? She also is at fault; she made the decision to travel and "visit" these men in a hotel room. It doesn't take a rocket scientist (my teenagers know better) to figure out what would have happened in this situation.

I sure hope the few minutes of pleasure these people had was worth the humiliation they have brought to Hernando County.
-- Jill, Flagler Beach

[LadyCapn]

Don't you just love the fine upstanding holier than thou citizens that always show their faces and share their outrage after something like this?


Be cautious of the waste with which we may fill someones shoes......we may need to walk in them someday

[captstanm1]

Chief Reason....your observations are in line with mine. And yes, it gives everyone a view of different positions (no pun intended) from the top to the bottom. What is wrong is wrong, but it would seem that if one investigation cleared these guys, then wouldn't it be double jeopardy for them to go through another investigation and be found guilty? I understand that the "new" investigation is one that relates to department policy...but still....

Jaybird...I do not think it is a "stick it to the union" thing or at least that is not my sense about it. I do believe that the Local IAFF and Admin get along very well. However, if you read way way back to the start...I said...and still contend...there is a stench of politics involved way way deep under the seas here.

Ladycapn....right on!

[captstanm1]

As the members of the Department await the outcome of the appeals that will be heard another controversy surfaces.

Another firefighter in the Department was arrested and charged with innapropriate behavior in an entirely seperate event that occured earlier this year. Here is the link the the story about his actions.

http://www.hernandotoday.com/MGARTXYC7AD.html

[ChiefReason]

Stan:
I'm telling you that if you ever had the opportunity to write a book, now is your chance. I mean, you can't make up stuff this good. You have three guys that admit to having sex with the same woman in a hotel while on union business for firefighters. They are not charged with any crime, but are being investigated internally for policy violations. They are found to have violated conduct rules and are punished, but the Monday morning quarterbacks-i.e. people who don't know what hard work is-aren't satisfied and want human sacrifices.
Now enters another firefighter who is caught soliciting a police officer for sex because he had a bad marriage. He gets to go to counselling and if he completes it, the whole thing never happened.
And now, fresh revelations that the chief has been living with one of the dispatchers. The article raises the question that she was his girlfriend before he was un-married.
It's pure gold, Stan. This episode has gone from many who thought the firefighters were being singled out to, in my humble opinion, "can this department be any more dysfunctional"? The chief says that there are no more skeletons, but the buzzards are circling and they want to pick the bones clean.
Thanks for the comedic relief.

[captstanm1]

Chief,

One never knows what to expect when opening the paper these days. Makes you almost want to get up early and be standing on the street waiting for it to be delivered. However, since it comes before the sun has risen....this act may lead to dangers from being struck in the head by the paper as the paper boy flings it into the driveway!

[captstanm1]

There was an article in yesterdays paper that I can not find and this one appears in today's.....
______________________________
ST PETERSBURG TIMES--HERNANDO EDITION

Attempt to fire 2 firefighters fails
But a videotape that supposedly shows firefighters making lurid comments about women could continue the fire district's troubles.
By ROBERT KING, Times Staff Writer
© St. Petersburg Times
published January 10, 2003


SPRING HILL -- An effort to fire two of the Spring Hill firefighters involved in a sex scandal fell short Wednesday night, as did a proposal to reopen what one fire commissioner called a "flawed" investigation of the matter.

Even so, a new twist in the saga -- a videotape that supposedly captures several firefighters making lurid comments about women -- raised the spectre that troubles within the Spring Hill Fire Rescue District may not yet be over.

Fire commissioner Richard Martin wanted Lt. John Ferriero and firefighter Ed Falk fired for their involvement with a woman at a firefighters convention last June.

The woman said she had been raped by Ferriero, Falk and firefighter Tom White. The men said she consented to various sex acts. Prosecutors found insufficient evidence for charges.

But because they were found to have violated fire district policies regarding sexual misconduct and immoral behavior, fire chief J.J. Morrison gave them some of the stiffest penalties handed down in the department's 28-year history.

Falk and White were suspended without pay for two weeks. Ferriero was suspended for four weeks. All three had to forfeit vacation and sick leave time, agree to evaluations by counselors and accept a one-year department probation, among other things.

Already, Falk and White have served their suspensions and have returned to work. Ferriero has less than two weeks remaining on his. All three men have allowed the window for appealing their punishments to pass.

Martin said men in leadership positions -- such as Falk and Ferriero -- should be held to a higher standard because they set an example for the rest of the department. Ferriero, who has a supervisory job, was, until recently, president of the firefighters union. Falk, who is still the union's vice president, was at the top of the list for promotion to lieutenant.

"It is inexcusable conduct for people at that level," Martin said.

Martin drew support only from Commissioner Darryl Hamilton. They lost on a 3-2 vote. Commissioners Jeffrey Hollander, Tommy Marasciullo and Gene Panozzo said the chief's decision to opt for suspensions -- and not termination -- was appropriate given the facts.

Hamilton sought to re-open the department's internal investigation so information that wasn't factored into the punishments could be examined. But that motion died for lack of a second.

Both Hamilton and Martin were critical of the department's handling of the case.

They said fire district officials should have done more of their own work instead of relying almost entirely on sworn statements gathered by prosecutors and police in Seminole County.

They said they don't see how Assistant Chief Bill Davies, who conducted the investigation, and Chief Morrison, who determined the punishment, could fail to interview the woman who made the accusations or to interrogate the three firefighters themselves.

"The process was flawed. The investigation was not complete. People were not interviewed. Things were not traced down," Hamilton said.

Beyond that, Martin asked why fire officials never looked at a videotape the woman shot while making a documentary about firefighters. Martin says he has seen the tape and that it shows firefighters making boorish remarks about women and derogatory comments about former fire commissioner Bob Kanner.

Martin said the tape amounts to evidence of rules violations that haven't previously been considered. Even so, Martin said he doesn't have a copy of the tape and he would not reveal who showed him the tape. He said he is hopeful the tape will be made available soon.

"I think there are lot of people out there who are hoping that tape disappears," he said.

The woman who shot the tape -- the same woman who made the rape accusations -- said she is done with the fire district and investigations and is looking to move from Spring Hill. She said it is possible someone else may turn in a copy of the tape.

Kanner said he knows that a copy is being controlled by someone, and he expects it will soon be made available to the fire district. He is interested because he said he was told it contains negative comments about his wife.

Martin told the audience packed into the board's small meeting room Wednesday that he was "damn embarrassed" by what he saw on the tape, including a firefighter who is heard saying that a female news reporter doesn't wear "skivvies."

During the meeting's citizen comment period, Paul Brosnan stepped up to the microphone and berated Martin for being "vindictive." He also said the fire commission was untrustworthy and bent on exacting a "pound of flesh" from three firefighters who had already been punished.

Jeff Cario, the defense attorney who represents the firefighters union, chided commissioners for imposing their "own morality" by enforcing vague policy rules against immoral behavior and sexual misconduct.

He said said President Clinton escaped punishment from Congress for the same misdeeds. And he said it was "incomprehensible" that the three firefighters are being punished for getting drunk and committing adultery.

Cario, who handles divorce cases too, said if such a punishment were carried out by employers across the land that "nobody could work in this country."

-- Staff writer Robert King covers Spring Hill and can be reached at 848-1432. Send e-mail to rking@sptimes.com .

[Airborne]

I know that I should just keep my mouth shut and stay out but I can not help myself.


First this is all just speculation, seeing how I have no knowledge of anything related to this case. But When I was active in the military I can not count the number of times, that a woman would get passed around the barracks only to make an allegation latter when she was treated like nothing but a 2 bit yadda yadda yadda. No I'm not talking about being abused, but just that she thought she was going to be treated as something special and the guys would just laugh about her, so her only recourse was to make an allegation.

Like it is stated in the article, it then is nothing more then a He said She said. Now depending on the State and the political situation in that state will determine what happens next.

Seeing how this was in Mass, the Woman’s word was always taken over the mans and many guys carriers where ruined, only to be found not guilty in court.

After my first divorcee I realized something, and that is that in all reality woman have all the power, they just have to know how to use it and there is nothing that a man can do.

Now this does not in any way mean that this is what happened in this case, but from the information I have read above that is what it sounds like to me.

[ChiefReason]

AS LONG AS THERE IS SEXUAL CONDUCT, THERE WILL ALWAYS BE SEXUAL MISCONDUCT. There will always be differences of opinions over what constitutes "misconduct". And whether we like it or not, there will always be those trying to force their morals onto others.
What disturbs me about these recent revelations is that Commissioner Martin had this tape, but did not share it with the fire department. He viewed it in a subversive manner and to me, that means that he has ulterior motives for not inviting the chief or asst. chief to view right along with him. He(Martin) doesn't feel that the department is being totally honest in this matter, but yet, his actions clearly indicate that he is being dishonest as well.
I'm glad that I live in Illinois; home to Honest Abe Lincoln!:p

[Bones42]

He said said President Clinton escaped punishment from Congress for the same misdeeds and that is supposed to be a good thing? Fine example he sets.

[LadyCapn]

Have you ever noticed that those who speak out the loudest against adultary or sexual miscondut are usually the ones with the most to hide? Not necessarily so in this case, but anecdotally, it generally seems that these ones are usually the ones with a little something on the side or are trying very hard not to have a little something on the side.

:rolleyes:
As I said in an earlier post, no one should ever judge someone by their own morality, we never know what the future holds or what position one might be in themselves someday.

[captstanm1]

Chief Reason.....I agree with you in full. I have contended for the entire length of this controversy that there is something that is hidden and there are underlying reasons involved in this whole thing. Again...I smell the ugly stench of political ambitions here.

LadyCapn....also agree with you...

Here is the story from today!

________________
St. Petersburg Times--Hernando Edition

Tape keeps scandal alive as fire board tries to move on
A fire commissioner says he expects more changes in the district once others view the video of firefighters' behavior.
By ROBERT KING, Times Staff Writer
© St. Petersburg Times
published January 11, 2003


SPRING HILL -- For more than two hours Monday morning, Fire Commissioner Richard Martin said he watched a videotape shot by an amateur filmmaker that revealed a major problem in the Spring Hill Fire Rescue District.

According to Martin, the camera recorded firefighters telling the female college student that they wanted her documentary to be a pornographic film. One said he couldn't take his eyes off her.

It revealed derogatory comments made by firefighters about former fire commission chairman Bob Kanner and his wife, a St. Petersburg Times reporter and about Martin himself, he said.

And it showed a firefighter lifting weights while wearing a T-shirt bearing the message, "We serve them naked." Apparently, Martin says, it was a doubleentendre promoting a restaurant.

Martin came across the tape as part of his inquiries about an investigation of three Spring Hill firefighters who were accused of rape by the woman behind the camera that day. She made the claim after an encounter with the men at a firefighters' convention in Altamonte Springs.

Prosecutors in Seminole County found insufficient evidence for rape charges. But Spring Hill fire officials decided the behavior of the firefighters -- who admitted to consensual sex with her -- warranted suspensions and other disciplinary action.

Martin, who says the punishment wasn't stern enough, thought the film the woman shot might offer insight into the incident as he headed into a fire commission meeting where the matter was sure to come up. He called around until he found someone -- he wouldn't say who -- willing to show him a copy of the tape.

Though some firefighters behaved responsibly during the filming, Martin said, much of what he saw on the tape disgusted him. He says it contains language and behavior that has no place in a modern fire department.

"Based on what I saw, I could not keep quiet about it. I was obligated after I viewed it to make the board aware of its contents," Martin said Friday. "Obviously, this is a warning sign that a problem exists and I, for one, cannot ignore it."

Martin says the custodian of the tape intends to turn a copy over to the fire district. If that happens -- and it had not Friday -- officials say they will review it for evidence of misconduct.

The tape could prove to be the latest powder keg in a scandal that won't go away.

It looked like the whole matter might end Wednesday night after Martin and fellow Commissioner Darryl Hamilton failed to get other board members to support stiffer penalties for the firefighters.

Now, it seems to be the start of another chapter.

"I really thought we were closing this chapter two weeks ago," said Spring Hill fire Chief J.J. Morrison, referring to the suspensions he handed down on Dec. 19.

Jeffrey Hollander, elected Wednesday night to be the fire board's chairman, said any discussion of this mysterious tape is all supposition until the tape actually surfaces.

But despite what new pain the tape may bring, Hollander is convinced that, by now, everyone in the fire district should be clear about the seriousness of sexually charged language and behavior. "This is not the same department it was a few months ago," he said.

"Now that these things have come to light the department is always going to be much more critical of its employees," Hollander said. "In the long run, I think that is going to be a very good thing."

Even so, Martin is sure that more changes will come after everyone gets a chance to see the tape. "I would say some behavior modification is in order," he said.

Already, Morrison said, personnel consultant Walter Dry will look at policy areas revealed to be weak during this long ordeal for possible revisions.

Commissioner Gene Panozzo said certain policy rules -- such as those prohibiting "sexual misconduct" and "immoral behavior" -- must be more clearly defined.

Commissioner Tommy Marasciullo said that firefighters who want to attend conventions in the future should only be allowed to go if they are paid to go by the fire district.

That would erase any doubt as to whether the firefighters represent the fire district and give district officials more leverage in dealing with misconduct.

At the Altamonte Springs convention, the three firefighters attended during their "off duty" hours.

[captstanm1]

St. Petersburg Times--Hernando Edition

Despite arrest, firefighter still on job
The treatment of Paul Karambelas differs greatly from that of three firefighters who were accused of raping a woman last year but never charged.
By ROBERT KING, Times Staff Writer
© St. Petersburg Times
published January 12, 2003


SPRING HILL -- Twenty-one months ago, Spring Hill firefighter/paramedic Paul Karambelas was arrested in Tampa and charged with soliciting a prostitute and carrying a concealed weapon.

Nearly two years after the arrest, Karambelas has yet to be disciplined by the fire rescue district, which has allowed him to keep working without interruption.

Chief J.J. Morrison said he is waiting for Karambelas to complete a pretrial intervention program before he decides what to do.

Morrison's stance with Karambelas stands in sharp contrast to his decision last year to suspend with pay three firefighters who were the subjects of a rape investigation but who were never charged with a crime.

For nearly two months, the chief took a wait-and-see approach with Ed Falk, Tom White and Lt. John Ferriero, just as he had with Karambelas. In the case of the three firefighters, he had been assured by police investigators that the case appeared groundless.

The big difference in the two cases seems to be media coverage.

Until recently, Karambelas' arrest in Tampa -- when officers found a gun in his truck after he solicited an undercover officer for sex -- had gone totally unnoticed. But coverage of the rape allegations, and the fire rescue district's controversial response to it in a pivotal election year, has been extensive since the news first broke in August.

In fact, Morrison's decision to abandon his wait-and-see approach with the firefighters in the rape case came only three days after the first news stories appeared.

At the time, the fire district was seeking its independence from county oversight. The chief said he suspended the three firefighters because he feared a "negative perception" among Spring Hill residents who had long supported the district.

"In order to prevent the potential erosion of this hard-fought public confidence, I am taking this administrative action," Morrison said on Aug. 19. But it was too late to save the cause of independence. Voters soundly defeated it in the November election.

In all, the three firefighters accused in the rape case were suspended with pay for four months. Then, in December, they were hit with unpaid suspensions ranging from two to four weeks.

Through it all, Karambelas never stopped working.

And he has kept going despite having some important notations in his personnel file.

In December 2001, eight months after his Tampa arrest, Karambelas got into a scuffle with another firefighter/paramedic in the cab of an ambulance. Both were given two-day suspensions.

In 2000, notes were placed in Karambelas' file for failing to report for duty on one occasion and advising him to be cautious about lumping his sick days around weekends and holidays.

In 1996, Karambelas was advised to change his attitude with the public after someone from a local hospital reported he had been rude.

In 1991, Karambelas was one of three firefighters counseled for showing a lack of courtesy toward citizens and patients.

Not mentioned in the personnel file was a 1996 arrest on a charge of domestic battery that stemmed from an argument between Karambelas and his wife.

Karambelas did not return phone messages from the Times on Friday.

Morrison said Karambelas has submitted to psychological evaluations that have shown he is no threat to the public. He said he knows that Karambelas is a hunter and that his story -- that the gun found in his car in Tampa was left from a hunting trip -- makes sense.

"I think it's terribly unfair that you are trying to use that (weapons charge) to establish a pattern," Morrison said.

Morrison said that a condition of Karambelas' pretrial program was that he remain employed, which factored into his handling of the case. But beyond that, Morrison said these were simply "two different scenarios" and that he should be able to look at each situation differently.

"I absolutely know that the public is safe and benefitting from (Karambelas') care. But at the same time, what Paul has done is wrong, and that will be dealt with at the appropriate time."

Such distinctions are lost on fire Commissioner Richard Martin.

"I'm still scratching my head wondering what's going on," Martin said of the chief's differing approaches in the cases. "I'm still trying to get with the chief to try and sit down with him and discuss what's going on."

Morrison inherited the Karambelas case when he took over as interim fire chief in November 2001. His predecessor, Michael Morgan, said he had not been aware of Karambelas' arrest in Tampa that April. Morgan had a heart attack in March of that year and was out of work for several weeks.

Fire board Chairman Jeffrey Hollander said the real difference in the two cases probably boils down to media coverage. The three firefighters in the sex scandal might have been dealt with differently had that case not "blown up" in the media, he said.

The way it was presented began to sway the public's trust in the fire rescue district, he said.

"If you sway public trust in the wrong direction, regardless of whether it is proper or not, the chief has to react to it," Hollander said. "He's not reacting to the press. He's reacting to the result of the press."

-- Robert King covers Spring Hill and can be reached at 848-1432. Send e-mail to rking@sptimes.com .

[captstanm1]

St. Petersburg Times--Hernando Edition--Letters to the Editor

Former fire commissioner questions investigation

© St. Petersburg Times
published January 12, 2003

Editor: Re: Attempt to fire 2 firefighters fails, Jan. 10 Times:

For the first time in eight years I have attended a Spring Hill Fire Rescue District Commission meeting from the audience side of the dais. What an enlightening experience!

I am referencing the part of the meeting where the discipline of three firefighters was discussed. Whether the three firefighters are guilty of policy violations or not isn't the issue. The issue is the way this investigation was performed.

Commissioners Darryl Hamilton and Richard Martin had excellent questions. As a matter of fact, their questions and the answers received shed a totally different light on the manner in which this internal investigation was performed.

Commissioner Hamilton asked if the alleged victim was interviewed? Were the waiters at the Bahama Breeze restaurant (in Altamonte Springs) interviewed? Did anyone interview me (Robert Kanner, former fire commission chairman)? Did the consultant make his recommendations in writing?

Much to my surprise, all the answers were no. How in the world does a government entity perform an internal investigation without a paper trail from the consultant? Even more important, how is the consultant going to issue a voucher for payment without his performance in writing?

I was the chairman of the commission when Assistant Chief Davies was hired. Nowhere in his job description did it state he needs to have the knowledge of a private investigator. The direction of this internal investigation should have come from Walter Dry and VTR investigators. Instead the entire investigation was based on the Altamonte Springs detectives' report and the report of the Seminole County State Attorney.

We are looking at apples and oranges. The detectives and the state attorney investigate the criminal aspects. The internal investigation should be looking into internal policy violations. You cannot depend on the state attorney's information when an internal investigation of policy is being performed. After all, when the state attorney wrote his report, he couldn't care less about the internal policies of the fire district.

When the initial reports were filed there were many references to different issues that took place. To my amazement, none of the experts in the internal investigative field bothered to look into any of these references.

Commissioner Martin, who has no investigative experience whatsoever, took the initiative to investigate a reference of the videotape. According to Commissioner Martin there are some very important issues on this tape. It is my understanding that these issues will be looked at in the very near future. Will these tapes open the eyes of the public, or better yet, open the eyes of certain fire commissioners? Time will tell what role these tapes will play. As radio broadcaster Paul Harvey would say, "And now, the rest of the story."
-- Robert Kanner, former commissioner, Spring Hill Fire District

[captstanm1]

St. Petersburg Times---Hernando Today

Firefighter employed by board member
The Spring Hill fire commissioner who voted to suspend - not dismiss - the lieutenant has employed him as a painting subcontractor.
By ROBERT KING, Times Staff Writer
© St. Petersburg Times
published January 15, 2003


SPRING HILL -- Fire commissioner Tommy Marasciullo, whose swing vote helped spare two firefighters from losing their jobs last week, has used one of the firefighters as a subcontractor in his painting business for several years.

In fact, Marasciullo told the Times on Tuesday that he gave Lt. John Ferriero painting jobs during the four-month period when Ferriero was serving a paid suspension from the fire district.

Ferriero, along with firefighters Ed Falk and Tom White, was suspended with pay in August as Seminole County prosecutors investigated allegations that they had raped a woman at a firefighters convention in Altamonte Springs. The men said the woman agreed to consensual sex acts.

Although prosecutors said they lacked sufficient evidence for criminal charges, the firefighters weren't fully exonerated: Spring Hill fire officials decided the three violated department policies regarding immoral behavior and sexual misconduct. And the men were given unpaid suspensions ranging from two to four weeks.

When the matter came before the fire board last week, commissioners Richard Martin and Darryl Hamilton said that punishment was too light. They voted to fire Ferriero and Falk, but were outvoted by the threesome of Gene Panozzo, Jeffrey Hollander and Marasciullo.

Marasciullo said that he has used Ferriero as a painting subcontractor several times during the past 10 years and that their relationship doesn't constitute a conflict of interest.

"I don't have no conflict or nothing," Marasciullo said. "The (fire district's) administration made a decision, and I went along with the decision."

Others don't see it the same way.

The woman whose allegations prompted the investigation said the greater conflict of interest with Marasciullo is that he is both a neighbor and a good friend to Ferriero.

"My personal belief on all of it is that it will take an act of God to get these guys removed from the Fire Department. And I don't think the citizens of Spring Hill care," said the woman, whose name is being withheld by the Times because of the nature of the allegations.

"If I was in Mr. Marasciullo's position, I think it would be hard to vote against a friend and a neighbor and an employee."

Commissioner Martin said that if Marasciullo has been doing business with Ferriero prior to the vote, "I would see it as a conflict."

Former Fire Commissioner Bob Kanner, who faced conflicts of interest allegations while on the board, said Marasciullo's relationship to Ferriero is more extensive than anything Kanner was ever criticized for.

"It's my opinion that the two of them are too close for Mr. Marasciullo to be making governmental decisions regarding Mr. Ferriero," Kanner said. "It puts a perception of impropriety in place."

Marasciullo would not discuss the financial terms of his dealings with Ferriero. He said Ferriero's payment was based on the size of the job.

"The man worked for me for 10 years. There's nothing in the bylaws that says he can't work for me," Marasciullo said. "He can work for anyone he wants. It's a right-to-work state."

Ferriero could not be reached for comment.

Aside from Ferriero, Marasciullo said he has used firefighter union presiden