NJFFSA16
11-08-2002, 05:35 AM
CLEVELAND (AP) - A fired fire chief has waited nearly two years
to get his job back in suburban Wickliffe. He may have to wait a
little longer.
U.S. District Court Judge Solomon Oliver on Thursday ordered
Wickliffe to reinstate Philip Kouwe within five days with back pay
of about $75,000 and to pay his attorney fees of $130,824.
But Wickliffe Mayor Thomas Ruffner said he won't make a decision
until Monday, when he meets with council. He plans to meet with
Kouwe in the next few days.
"I want to do what is in the best interest of the city. I did
say earlier that I would abide by the judge's decision. But I need
to meet with the law director and council first," Ruffner said.
Kouwe is now a fire safety consultant for a company.
"I would like to go back. That has always been my intention,"
he said. "But I have to determine how contentious it would be to
return and what kind of relationship would I have with the mayor
and council."
Kouwe's attorney, Joseph Diemert, said that if the city appeals
the reinstatement, he will appeal as well. Part of Oliver's ruling
set aside punitive damages of $15,000 from former Mayor Julie
Morales.
Ruffner was councilman when he voted to support the firing in
December 2000.
Morales defended the firing, maintaining that Kouwe was a
probationary employee. She said that he had sought a steep raise in
his $68,000 annual salary and that his comprehensive improvement
plan for the department was too expensive. Fifty firefighters
protested the firing and lodged complaints at a council meeting.
Kouwe sued in federal court, contending he was fired without
just cause and with no hearing. A federal jury agreed in August and
ordered the city to pay back wages and Morales to pay the punitive
damages.
(Copyright 2002 by The Associated Press. All Rights Reserved.)
to get his job back in suburban Wickliffe. He may have to wait a
little longer.
U.S. District Court Judge Solomon Oliver on Thursday ordered
Wickliffe to reinstate Philip Kouwe within five days with back pay
of about $75,000 and to pay his attorney fees of $130,824.
But Wickliffe Mayor Thomas Ruffner said he won't make a decision
until Monday, when he meets with council. He plans to meet with
Kouwe in the next few days.
"I want to do what is in the best interest of the city. I did
say earlier that I would abide by the judge's decision. But I need
to meet with the law director and council first," Ruffner said.
Kouwe is now a fire safety consultant for a company.
"I would like to go back. That has always been my intention,"
he said. "But I have to determine how contentious it would be to
return and what kind of relationship would I have with the mayor
and council."
Kouwe's attorney, Joseph Diemert, said that if the city appeals
the reinstatement, he will appeal as well. Part of Oliver's ruling
set aside punitive damages of $15,000 from former Mayor Julie
Morales.
Ruffner was councilman when he voted to support the firing in
December 2000.
Morales defended the firing, maintaining that Kouwe was a
probationary employee. She said that he had sought a steep raise in
his $68,000 annual salary and that his comprehensive improvement
plan for the department was too expensive. Fifty firefighters
protested the firing and lodged complaints at a council meeting.
Kouwe sued in federal court, contending he was fired without
just cause and with no hearing. A federal jury agreed in August and
ordered the city to pay back wages and Morales to pay the punitive
damages.
(Copyright 2002 by The Associated Press. All Rights Reserved.)