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Monday, June 1, 2009
Judge issues injunction preventing new Dayton Fire Department position
DAYTON — A Montgomery County Common Pleas judge has prevented the city of Dayton from creating a new position of House Commander, as asked by the firefighters’ union, but is allowing some compromises until the matter can be decided by an arbitrator.
“There’s a little give and take here,” said Lt. Mike Fasnacht, president of International Association of Firefighters Local 136 on Monday, June 1.
Judge Michael L. Tucker issued the injunction on Friday, May 29. City attorneys were not available for comment late Monday.
At issue is an order that creates the position of House Commander. That order was to go into effect Monday, May 18, though the city agreed to delay implementation until May 29. According to the union’s motion, it would require lieutenants and captains “to work out of rank” in violation of the bargaining agreement between the city and the union.
Tucker’s injunction prohibiting the position of House Commander will remain in effect until an arbitrator can rule on the union’s grievance and all appeals are exhausted.
The injunction allows the city to require employees to work one rank above their current classification if those employees are on the civil service promotional list for that higher rank. Before working out of rank, those employees will receive training, according to the order.
Fasnacht acknowledged that Tucker’s order is similar to a compromise measure union officials negotiated with the city. Union members voted against implementing the compromise April 17.
The motion for a temporary restraining order, and preliminary and permanent injunctions, was filed Thursday, May 14, by International Association of Firefighters Local 136. The union represents the city’s 10 district chiefs, 23 captains, 45 lieutenants, plus firefighters and paramedics.
City Manager Rashad Young said May 18 that the city has the right to implement policies and procedures. He denied that the proposed change represented a unilateral change to working conditions.
Young said the change would save the city $150,000 to $200,000, much of it in overtime costs. It would also add flexibility to staffing, he said.
The change blends the responsibilities of the two ranks, according to the motion. Under the current command structure, a lieutenant is in charge of a fire company, consisting of that lieutenant and three firefighters on platoon assigned to an engine. A captain is assigned to a ladder truck and supervises a company on a fire scene.
“The fire captain is responsible on the fire scene to act as the commander of the inside operation, which consists of all crews inside the structure, typically between 12 and 20 firefighters, including lieutenants,” the motion states.
By altering the chain of command, contrary to training and experience, “the city’s proposal jeopardizes the safety of not only the firefighters but the citizens of Dayton in the event of a fire,” the motion states.
Young denied that the changes would reduce safety, either for firefighters or the public. He also said that he expects the city to win both the grievance, so there is no reason to wait.
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Man who shot teenage mother in face will be sentenced June 8
DAYTON — A Dayton man accused of shooting a teenage mother in the face while her 3-year-old son sat between her legs will be sentenced Monday, June 8.
Gregoryon T. Williams, 18, of 36 Gordon Ave., was to go on trial Monday, June 1, on two counts of felonious assault and one count of being a felon in possession of a weapon. He pleaded guilty to all charges on May 26.
Police said Williams had a drug-related felony conviction as a juvenile.
The Jan. 8 shooting incident at the DeSoto Bass public housing complex was originally described as the result of a game of Russian roulette, though police later said it was an actual assault.
Williams, the teenage girl, the boy, and a woman were in an apartment in the 1700 block of Banker Street at about 10:45 p.m., although none of them lived there. Williams and the 17-year-old girl had a disagreement, and Williams picked up a .357-caliber Magnum revolver, police said.
Williams emptied five of the six bullets from the cylinder and pointed the gun at the girl. While the teenager and the woman pleaded with Williams to put the gun down, he pulled the trigger three times while holding the revolver less than two feet from the teenager’s face. On the third pull, the gun went off, sending a bullet into the girl’s lower jaw, police said.
Williams fled and was arrested at 11:20 p.m. at 4744 Germantown Pike, according to jail records.
The teenager was transported to Miami Valley Hospital , where she underwent surgery to remove the bullet from her throat. Her wound was not considered life threatening, police said.
The woman witness originally told police the incident was “like a game of Russian roulette,” according to police.
The 3-year-old was not harmed, although he was covered in his mother’s blood when police found him, police said.
