WARNING – THERE IS GRAPHIC LANGUAGE IN THE ABOVE VIDEO
Above is one of three clips of the deposition of DC Fire & EMS Chief Dennis Rubin. It was provided by lawyers fwith the Government Accountability Project (GAP), a whistleblower protection organization. They are representing the department’s former general counsel, Theresa Cusick. There are other excerpts from the deposition here and here. GAP has also issued its own video press release that includes excerpts from the depositions, its own interview with Theresa Cusick and a look from GAP’s perspective at some of the other department cases and issues. That video can be found here.
It is a fact of life for a modern fire chief that you or your department will get sued. I have covered many lawsuits against the District of Columbia Fire & EMS Department and its leaders in my almost 30 years of reporting on the department. What I have rarely seen are the inner workings of one of these lawsuits. That changed today when the whistleblower protection organization, Government Accountability Project (GAP). released a series of clips from the deposition of Chief Dennis Rubin in early October. It is in connection with a lawsuit filed by the former general counsel for the DC Fire & EMS Department, Theresa Cusick.
We need to point out that these clips are long segments from the deposition and not the entire session with Chief Rubin. We also do not have the depositions from the other people involved in this case. The language on these videos can be quite graphic.
Cusick says she was transferred out of the agency after telling Chief Dennis Rubin about a cover up involving one of his top aides. Theresa Cusick spent nine years as the department’s lawyer and was moved out of her job three months after Rubin’s arrival in April of 2007.
Above is my report from 9NEWS NOW at 6:00 PM. It includes the interview with Theresa Cusick and Assistant Chief Larry Schultz.
In the lawsuit and in an interview with STATter911.com, Cusick claims she attempted to inform Chief Rubin that Assistant Chief Brian Lee had interfered with an investigation of a cheating allegation involving a fire investigator. Cusick says that same investigator was being tapped to handle the department’s internal affairs investigations under the direction of Chief Lee. According to Cusick she first approached this issue with Chief Lee when he was the interim chief of the department before Rubin’s arrival.
In the video deposition clips, Chief Rubin claims he got rid of Cusick because of a confrontation they had. Rubin describes Cusick as giving him an expletive filled description of problems she was having with his three assistant chiefs. Cusick denies such a confrontation occurred.
Assistant Chief Larry Schultz, who is named in the lawsuit, told us the department can’ t talk about the lawsuit involving Cusick because it is a personnel matter. Cusick was originally transferred out of the fire department and to the Office of the Attorney General. Cusick was later forced to take a lower paying job with the city, where she currently works.
Cusick and her attorney, Richard Condit, claim the problems extend beyond this case. GAP is handling or consulting on other lawsuits and claims from department employees who were dismissed or disciplined.
While not addressing the lawsuits, but speaking in general, Chief Schultz tells STATter911.com, “This is a clear and formulated attack by four or five people to railroad, (and) to change the focus of all the positive things that have gone on here since Chief Rubin’s arrival.”
Schultz points out, that in making changes, they have had to deal with a small number of employees who were taking taxpayer’s money and not performing. Schultz cites a survey showing a 94-percent satisfaction rate with the job the department is doing under the administration of Chief Rubin and Mayor Adrian Fenty.
Cusick believes Chief Rubin does not like dissenting opinions, is dismissive of women and calls him an absentee chief who is on the road.
Schultz says he probably challenges the chief more than anyone else the department. According to Schultz, “One thing he certainly does is take that type of criticism and other things very, very, well. He’s a very humble person.” Schultz believes there is no one in the department more concerned about diversity issues than Chief Rubin.
STATter911.com asked Chief Rubin about his travel schedule in October after a sprinkler demonstration injured a firefighter. The chief bristled at the idea his speaking engagements have anything to with problems in the department.
On this topic Assistant Chief Schultz said, “I think he is like me, we get opportunities since the department is going so successfully now, to go out and brag about our department. Ninety-nine percent of the time he’s here at 6:00 in the morning and he goes home at 7:00 at night only to eat dinner and then spend the rest of the night at every ANC (Advisory Neighborhood Commission meetings) around the city.”
Also on STATter911 …
- Dennis Rubin sues DC over retirement. Councilmember Mendelson scoffs at The Rube wanting more money. – December 7, 2011
- The Rube exits: Listen to Chief Dennis Rubin’s farewell message to the DC Fire & EMS Department. – December 31, 2010
- DC lieutenant’s lawsuit against TV station tossed out by judge under new anti-SLAPP law. Dave thinks this was a case of poor journalism. – January 20, 2012
- Inspector General’s report says DC deputy fire chief violated city rules in controversial fire engine & ambulance donation. Read entire report. – April 26, 2011
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All I can say is WOW!
All I can is WOW as well! That definitely looked like the beginings of a temper tantrum starting to come out. I don’t think he gets questioned quite as much as Shultz professes. And I certainly didn’t see any evidence of humility in these clips. I know that no one wants to hear this, but I have to say that if he had separated EMS like many (including the Mayor) had originally wanted to do, that maybe, just maybe he would be getting a tremendous amount of support from the rank and file. Instead, all I hear is crickets. I thnk everyone is just gonna stand by and watch this guy fall. And God forbid our Local steps in and even trys to defend this guy, his cronies, or what is going on, then I will have to be out on Local 36 as well.
Sha Na Na Na, Hey Hey Hey, GoodBye…I say bring on the next disaster of a Chief. Only a handful of people (Paramedics & Officers) are benefiting in the Department from what this guy is doing, and its on the backs of the rank and file. I have head the horror stories from the guys with time on the job, and I don’t care. Poor apparatus, long waits for an Ambo on scene. Won’t bother me that much. If I am riding a Box taking my beat down for 24 hours, do you really think that I care if you (an Officer) have to wait a liitle while for me to get there, sorry I have little sympathy for those with rank who appreciate the betterment of this place on my back, but who tell me to take it and don’t do anything to improve the conditions that we work under. What can be much worse, the place is already an every man for themselves environment. The few guys on the job that are trying to preserve tradition are fighting an uphill battle. The Chiefs don’t care, the officers don’t care, and the men as they come on are being taught not to care. “You don’t like it get promoted” is not an answer. We can’t have a department with Officers only, there needs to be someone in the back who knows what they are doing. I don’t know about everyone else, but I am ready for a change.
You watch the video of her talking to the GAP guy, it’s obvious she has the traits to make her act as the Chief stated, look at her demeanor ,attitude, body language she can be nasty. If she was so unhappy she got transferred so she needs to suck it up.
Wow is right, this confirms a lot of rumors. But as in the past nothing will happen, corruption will keep going !!!
It’s the hardest I’ve laughed in days.
“Schultz says he probably challenges the chief more than anyone else the department. According to Schultz, “
LMAO
He really runs the Dept and he’s the main problem but little of the civil action can be contributed to him.
Chief Rubin is a wonderful and sensitive man. I think you all should be ashamed of how you ridicule this loving angel of the fire service. He and Shultz are bold new leaders that are transforming this department into the best dang EMS system in the country. We should be proud to have such leadershi……….BLUAHHHH……,sorry, I just threw up in my mouth.I couldn’t help it, I was speaking in tongues. I expect soon to levitate in the bed, spin my head around and make a priest jump out of a window.
Dave…Schultz told you the Fire Chief spends 99 percent of his time at work, so let me ask you this. Why were you talking to Schultz yesterday and not Rubin.
Oh because he’s out of town speaking again. Must be today that accounts for the 1 percent because as Larry says,”he’s bragging about how great he is”.
By the way,there’s a recruit class graduation today with an absent Fire Chief..I’m sure they would rather shake hands with the Fire Chief from Buffalo who is there, than that of Rubin.
Yes, Chief Rubin is a very sensitive and politically correct gentleman, he took pains not to be offensive. For example he described her as a woman “barking at him.” Now what kind of woman barks? Why a female dog, of course! And what is a female dog? Why a bitch! Chief Rubin is so kind and generous and emphathetic that he refrained from calling her a “bitch” even under trying circumstances. What a man! What a chief! They just don’t make ‘em like that anymore.
DCFF – you’re taking a 24-hour beat down because your union voted against 12 hour shifts. You can thank the Pennsylvanian carpetbaggers for that bit.
Also, I have known Theresa Cusick for years. And she has never used profanity on the job. She has never used MF, CS, etc., ever, in her private or her public life. She has never been fired, or had an adverse employment action taken against her. She has never been asked to resign from her job. She is a self-made woman who paid her own way through college and law school while raising a family and taking care of elderly parents. She was 54 years old when the Fire Chief kicked her to the curb. If she had not been able to find a job, she would have been penniless. Women of this generation are not known to spew words like CS, MF, etc.
DCPAFF,
The problem is the AMBULANCE!!! I didnt get hired to ride the damn thing!! I HATE IT!! WE need to seperate NOW!! Take a pay cut, what ever we can do!!
Bobby,
I completely understand your hatred for the ambulance as many people do. It is a separate animal from the fire department and firefighter’s mentality. With that said, I to wish the EMS was a separate system but a pay cut is far from what we need to do. We are still trained in EMS and would still respond on EMS calls. Why should we cut our pay, especially since we have not gotten a raise in YEARS.
With all the government bailouts and funds out there the city should take advantage of these programs and fund them through government subsidies. There are programs out there that will support transitions like this for up to 3 years before the city would have to pay a dime. They do it for police all the time.
Just my 2 cents but it’s an idea.
One thing to think about to is where would they get the people to staff the units? We have hired people to ride them over the last few years. Would they pull from our pool of people or use the FF/Medics to staff them?
Bobby, you’re a moron – a pay cut? Hell no. We can serve the citizens of DC AND make our job safer by having the ambulance — if we use the ambulances as truly dual-role services. Another 2 firefighters arriving with the first engine or truck can make a real difference on the fireground.
We have too many ambulances not to be using them to reduce the number of heavy apparatus responses. I’d like to see us only send a fire truck when it’s a real emergency (<20% of EMS calls) AND both the Medic Unit and the Ambulance are too far away.
We would get the staffing for the ambulances by laying off teh last 300 to 400 firefighters there already trained EMTs, an instant work force. Cuts and sacrifices have to be made. Look what the City did with the school teachers a few years ago. Laid off a few hundred and then offered them jobs a Charter Schools on a lower pay scale. Alot of those teachers laid off last month are lower paid charter school teachers too.
Well Bobby will you be one to volunteer to do that or are you just ready to screw the next guy to get what you want?
I agree there are a lot of people that have been hired to ride the ambulance and yes I believe that’s what they should be doing. But asking them to take a pay cut is wrong. New non-dual role trained EMS providers could work much cheaper but people they shift over should not. They should also be given the first chance to come back to the fire side.
I still think Baltimore has the best system around. Do a year and then the occasional detail and you’re done. We have enough guys to fill the box for a few years to come and the attrition rate would fill the rest with new hires.
When I came on we had 1200 F/Fs and a 200-300 EMS only. We now have something like 2100 members. I think we are way to over loaded. Dump the last 300-400 in to EMS through a LAY-OFF and the problem is solved. Its silimar to raising propertly taxes. You get pissed off but you still pay them.
I bet Bobby does the job for free in his off time too and takes money away from other Union men. People like Bobby in Local 36 is the reason why your local is a laughing joke
Bobby is a minority in our Union. Not many are echoing his opinions, otherwise you would have heard that cry loud and clear from the majority of the backstep. He is indicative of the type of department that is being created, the ‘I got Mine”, and “Looking out for Number 1″ mentality that is pervading our workforce and one of the contributing factors (besides the Box) that our morale is in the crapper.
Lay people off so Bobby can ride the back step for 24hours and then drive home to Pennsylvania. He needs that extra rest on the wagon to volunteer to ride the box at his vollie house. Come on guys don’t you see his needs?
And just so Bobby knows. It would be the FF/EMTs getting the lay off to the EMS side. But on a good note I heard Philly was hiring so that you don’t have that long commute.
The problem is Rubin should have never hired those massive number of guys in the first place. It was a complete waste of taxpayer’s money and has done nothing but decrease our service to the community. He’s tried to put a band-aid on a fatal wound. His “world class” EMS system is a joke. It’s taxed resources, created massive burn out numbers, and caused the majority of the dept to hate their jobs. The whole operation of this dept is a joke.
You guys are pissed-off at me. Whats your answer to our EMS PROBLEM. Rude shouldnt have done this or that? Our Union is behind him on all the hiring, PEC Program, etc. Should we get teh City to spend another 20-30 million in salaries to seperate EMS? Whats your idea. As far as my idea for lay-offs look at the UAW last hired first fired!!
Bobby…I hope you don’t walk around the firehouse running your mouth like it seems you do. Other wise you’re going to have a very difficult career ahead of you.
Ok, now you are letting EMOTION get the best of you. Whats your answer. People get laid-off all the time. Look at Bethlem Steel, Mack Truck, the AirLine Industry. I’m sure Statter knows friends who got it too. They all got on with ther lives. Whats you answer to EMS in this City. I gave you mine.
This is the first (and probably last) time I have ever seen Rubin hide his face from a camera! Theresa Cusick never used the profanity he is claiming but even if she did, it would have been accurate. Herlihy is gone but the other two are world-class POS who would stab Rubin in the back if he turned around long enough. And it’s funny, because that’s exactly how Rubin treats people, too. Don’t turn your back on him and don’t ever trust him!
I really like how we have a very good paying job and all you people want to do is “BITCH”. Bobby all I can tell is, if it is that bad GO FIND ANOTHER JOB!!! Yep just like you said about the people that YOU want to see layed off. Yep quit and move on with your life, lets see the quality of your life a year later.
This job is like most others “NOT PERFECT” sure we are doing without a contract and have not seen a pay raise in 3 years. Ask around at other Government Agencies and see how many are getting furlowed. Wait till that happens here. I pray to God we never see it but if we do BOBBY I am sure you find something else to CRY about!
Suck it up. There are millions of Americans without work right now. Yes we are very lucky!