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Critically burned firefighter did not get the same consideration as soon to retire deputy chief. Still no explanation on who made deal to let Florida fire chief remain on the rolls of the DC Fire & EMS Department.

36 comments

Read original Washington Times story

The Washington Post’s DC Wire

2006 Washington City Paper article on Joe Morgan’s plight

STATter911.com’s previous coverage of Joe Morgan

Chief Kenneth Ellerbe from Sarasota County website.

Chief Kenneth Ellerbe from Sarasota County website.

Since 1982 Deputy Chief Kenneth Ellerbe has been an employee of the DC Fire & EMS Department and he is still officially on the job. Since July, Ellerbe has also been the chief of the Sarasota County fire department in Florida. Ellerbe hasn’t split himself in two. He just doesn’t show up for work or get paid in the Nation’s Capital.

DC Fire & EMS Department spokesman Pete Piringer confirms that Chief Dennis Rubin has placed Ellerbe on leave without pay.

That status is anything but a punishment. According to The Washington Times, by being allowed to remain on the department’s rolls until his 50th birthday in April, Ellerbe will get as much as an additional $600,000 in retirement pay.

DC City Council Public Safety and Judiciary Chairman Phil Mendelson thinks the arrangement sends the wrong message to the rank and file who are not allowed these special perks. Mendelson says, “It smacks of favoritism”.

While a slightly different set of circumstances, the District of Columbia government was unable to accommodate Firefighter Joe Morgan who was forced to retire after being critically burned in a 1999 fire. Firefighters lobbied unsuccessfully to keep Morgan employed in an effort help maximize his retirement benefits.  When asked about the Morgan case, Mendelson said, “He ended up losing his job, which was wrong”.

Joe Morgan, retired DC firefighter

Joe Morgan, retired DC firefighter

STATter911.com first learned this might be an issue in June, a few days before Ellerbe was announced as the new chief in Sarasota County. At the time, we asked DC fire officials if any special arrangements would be made to help Kenneth Ellerbe maximize his benefits. A spokesman told us the answer from Chief Rubin was an emphatic “no”.

Chief Rubin, on an unrelated visit to 9NEWS NOW on Tuesday, left it to spokesman Piringer to answer questions about the incident. Piringer indicated the best answers would come from the DC Department of Human Resources. Piringer, who was not with the department when we first asked questions about Ellerbe’s status, could not tell us what changed following the chief’s response in June.

A spokesman at the Department of Human Resources, Andrew Gerst, would not respond to questions and asked us to supply a Freedom of Information Act request for details about Kenneth Ellerbe’s employment and retirement status.

STATter911.com was able to contact a spokesperson for Sarasota County in an effort to reach Chief Ellerbe  and any comments he might have for this story.

NOTE FOR CLARIFICATION:  While Joe Morgan was forced to retire despite wanting to continue in his job at the DC Fire & EMS Department training academy, sources familiar with his case indicate he was eventually able to improve the retirement compensation that he originally received.

Also on STATter911 …

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36 Comments

  1. Texas Gordo says

    I read the article from 2006, and this sounds so bad it makes me wonder why there wasn’t an elected official who came to FF Morgan’s aide. I wouldn’t treat a dog like the City of Washington, DC treated this man and his family.

    Dave, thank you for using the power of the 4th Estate to keep government honest, and to help a firefighter at the same time.

    Great reporting, please keep it up.

    on December 15, 2009 @ 10:33 pm. Reply
  2. Anonymous says

    This is absolutely CRIMINAL!

    on December 15, 2009 @ 11:01 pm. Reply
  3. dave statter says

    Gordo,

    It may expose my bias, but there probably isn’t a bigger dissapointment or frustration in my career than not seeing any change in the outcome for Joe despite all of the stories that were done (and not just mine).

    As always, thanks for your nice comments. I just wish there were positive results to show for the efforts.

    Dave

    on December 15, 2009 @ 11:02 pm. Reply
  4. affwife says

    Not only Joe, who was left with a terrible disability retirement, but many other firemen as well. My family lives with a poverty level salary, and the sad thing was my husband didn’t get proper care before he was forced to retire.The one’s hurt here are not only the firemen, but the children of all these 1st responders who have to go without because there parent was just doing their job. This does send the WRONG message to everyone!!!!

    on December 16, 2009 @ 8:02 am. Reply
  5. Bobby says

    Joe was a Firefighter when he was burned, got promoted to Sergeant and Lieutenant stayed on for 4-6 years and receives 70% of his salary tax free. I didnt see any of that in your story!!

    on December 16, 2009 @ 8:03 am. Reply
  6. dave statter says

    Bobby,

    You are correct about the promotions. Are you certain about the percentage for his retirement? It was explained to me a bit differently (but that info is a few years old).

    Statter

    on December 16, 2009 @ 8:18 am. Reply
  7. affwife says

    Bottom Line is this is wrong!!! The retirement system needs to be made FAIR for all!!!!!

    on December 16, 2009 @ 8:21 am. Reply
  8. Annonymous today says

    Chief Rubin,

    Do you regret leaving Atlanta yet? You did so many progressive and legitimate positive things there for the men and women of Atlanta Fire Rescue and the citizens of the city. Your replacement decimated the department, cut staffing, closed the squad, closed stations. Seems his biggest accomplishment was not allowing the men to wear shorts during the summer because it looked “unprofessional.” Instead of standing up for for the safety of his personnel he caved under pressure from his boss (mayor Shirley) to make up for the city administration’s financial incomptetence. He was subsequently rewarded for dishonoring the profession and disregarding the safety of his men by being appointed to a position with the Obama administration. Seems like you can’t catch a break in D.C. Maybe you should have stayed. Saved the city of Atlanta and let D.C. swing. At least you wouldn’t be getting raked over the coals on the blog sites. Keep fighting the good fight Chief. Dave, I am going to choose to remain annonymous on this one pal cuz I don’t want me shooting off my mouth to come back on my boys down south. Thanks.

    on December 16, 2009 @ 9:06 am. Reply
  9. Anonymous says

    Joe originally did not get a full disability pension because he wasn’t ruled 100% disabled. Now he gets 66 2/3 of a LT’s salary which is pretty good. I think the press helped on this.

    on December 16, 2009 @ 9:29 am. Reply
  10. Matt says

    The way the DCRB determines the disability retirement benefit for tier 2 and tier 3 members is throught the following formula:
    70% x base pay x (% of disability)

    So if a member is determined to have 100% disability, then yes, they could get a 70% retirement benefit. Members hired before 1980 have a different system for their retirements.

    on December 16, 2009 @ 9:56 am. Reply
  11. Steve says

    This is a prime example of why the city of Washington should be closed. Thats right, CLOSED. Make all residents leave town, fire all the deada** employees like Ruban and his cronies, and make it all 100% federal property, all office space. Think it cant be done? Its happened before.

    on December 16, 2009 @ 10:43 am. Reply
  12. ANONYMOUS says

    Bobby, who the hell are you and what planet do you come from??? Joe Morgan came as close to loosing his life for this city as a person could come. He pushed through more pain and suffering than you could ever imagine, recovered, and tried to come back to work even though he knew he could never go into a fire again. The man is the true definition of what a fireman should stand for. Yes the department did try to help him out but the city most definitely rolled over on him. He would have been the biggest asset to the DCFD training academy out of anyone on the job. He belonged there and there is no reason he still shouldn’t be. If 70% is his final figure then it has been increased due to everyone’s efforts. But regardless there is no reason he’s not still here working toward 100% of his retirement. So it’s still crap. The city forced him into retirement because they say all members must be able to perform firefighting duties in order to stay on the job. What about the beard ruling that our wonderful union decided to make a priority instead of dealing with real issues? The courts ruled that a firefighter can grow a beard because there are other positions within the department that they could be assigned to that don’t require firefighting duties. Why doesn’t that apply to Joe? Anyone that says Joe has been taken care of is insane and has no business commenting on the issue.

    Rubin: Listen to your Atlanta boys and go back!!! You and your ideas are not wanted and not working! Even better retire. Then you and Brunacini can go buy a house in Europe where safety and prevention truly is more important than suppression. They probably have better EMS too so all of your passions will be catered to. You 2 can live happy lives together in a nice, safe environment.

    on December 16, 2009 @ 10:43 am. Reply
  13. ANONYMOUS says

    Not to mention Matt is right. Disability is based off of 70% of the employees base pay. So let’s say his base salary was $50,000. Before they even figure what percentage he is disabled they automatically take %30 off his base salary. So immediately his salary is decreased to $35,000. So if they determined that he was %100 disabled he would get $35,000/yr. But if they determined he is only 70% disabled that means he only gets $24,500 to live of of the rest of his life. Then they impose limits on how much he can make working a new job. If he goes out and gets a job driving a delivery truck and makes too much money then he’ll loose his disability from the city. So basically the city thinks you should risk your life and if you get hurt and survive they will basically kill your pension and put limitations on how much you can try to better your situation without loosing your disability. What it boils down to is that you are better off getting killed on the job rather than get burned within an inch of your life and survive.

    As far a Ellerbe is concerned….what a joke. But then again is anyone surprised??

    on December 16, 2009 @ 10:54 am. Reply
  14. dave statter says

    While I have not been able to get in touch with Joe Morgan or union officials, I have been able to clarify one aspect of this dispute.

    According to sources familiar with a hearing before the D.C. Police and Firefighter Retirement and Relief Board there was a reconsideration of Joe’s retirement compensation that did provide improvement. What that equaled to compared to his salary is not clear to me. I have been given conflicting information (including the version above). I will wait for Joe’s answer.

    The fact remains that he was forced to retire when he wanted to stay in his capacity at the training academy. Despite pleas from the union, rank and file firefighters and even fire chiefs no one was able to make that happen.

    I don’t think anyone here would want to spend an hour in Joe’s shoes or downplay the sacrifice he made. Just spending time with him on a relatively minor follow-up appointment or two at the burn unit with Dr. Jordan brought tears to my eyes.

    I am sure Bobby can defend himself, but I believe he was just trying to make sure I had my facts straight. That is something I always appreciate.

    Statter

    on December 16, 2009 @ 11:15 am. Reply
  15. Brokenhearted says

    It brings me to tears everytime I think of Lt. Joe Morgan giving everything to this Fire Department and then being treated the way he was. To be a hero like he is, and command the respect that he does, I cannot believe that they have shunned him and put him out to pasture the way they have, it breaks my heart and still blows my mind that they haven’t retroactively done anything for that man.

    Chief Rubin talks a big game but when it comes down to it you are just a stepping stone to that next bigger job. Has he done anything for Joe Morgan? Has he gotten the department disability retirement or even fought for it?

    NO

    on December 16, 2009 @ 1:34 pm. Reply
  16. John Mitchell says

    Apparently an FOI is what it will take to be accountable.

    How sad. Remember the days when the truth meant more than it does today?

    Am I to understand that Chief Rubin publicly said one something, but refuses to admit it?

    If that’s the case, he should publicly explain himself or he should man up to the lie.

    Which one is it?

    on December 16, 2009 @ 1:44 pm. Reply
  17. DCFF says

    Dave,
    So The Rube lied to you, then you called him on it and now he is trying to weasel his way around the issue? Better watch out I see a trial board in your future. Are you good at checking hydrants???

    on December 16, 2009 @ 2:36 pm. Reply
  18. Anonymous says

    Any part of the current management of the Dept. who disagrees or challenges the Rube or one of his cronies is hidden away in a closet. Kenny stood up for what he believed in. As a result, he was essentially stripped of all responsibility and power, then dumped into a newly created meaningless position. Chief Ellerbe wasnt given any perk by allowing his early retirement, it was simply a convenient way for the Rube to make him go away.

    Ellerbe isnt the only senior manager who has hidden away by the Rube and his boys. The Fire Marshall comes to work every day and is allowed to do nothing because he angered the king. We have a very capable Deputy fire chief who now is responsible for toilet paper and cleaning supplies because he stood up for his subordinates.

    Meanwhile we have all these newly created senior staff positions that are simply the Rube’s way of rewarding loyalty. Most of these so called Chiefs supervise less people than the average Lieutenant, at twice the salary.

    Sooner or later the bottom will fall out and theis house of cards will come crashing down around the Chief and his boys.

    I’d love to sign my name to this, but I too am a bit shy of my 50th birthday.

    on December 16, 2009 @ 3:59 pm. Reply
  19. Anonymous says

    At least Mendelson seems to be getting it. Hopefully the rest of council will wake up soon too. Rubin is a joke.

    on December 16, 2009 @ 4:47 pm. Reply
  20. Bobby says

    Some of you are letting emotion get teh best of you, I use LOGIC you should too. Joe got burned as a F/F was unable to pass a Physical to get promoted and was not in a Full Duty Status when he made Sergeant, he GOT HOOKED-UP, LOOKED AFTER, what ever you want to call it. The ORDER BOOK, other DC REGULATIONS were changed so he could take the next exam and then got PROMOTED to LIEUTENANT. Its sad the City let him go. There were many City Council Meeting were Local 36, retired Chief Tippet, etc went to bat for him. These are the facts as I know them to be.

    on December 16, 2009 @ 5:00 pm. Reply
  21. DCOIC says

    It is funny how many of you hard core guys think you know whats going on and have absolutely no clue. None of you know jack about Joe’s retirement and apparently think you know about Ellerbes stuff. Ellerbe has not done anything wrong, as much as it hurts to say that. Read a manual at work once in a while. While the Chief and his dumbass followers don’t seem to understand how to tell the truth, but Ellerbe is not the first to take an UNPAID leave of abscence. Funny thing is on the LAN there is a form to do just that.

    on December 16, 2009 @ 5:42 pm. Reply
  22. Anonymous says

    In the words of a famous washingtonian….You guys crack me up.

    on December 16, 2009 @ 6:26 pm. Reply
  23. Poodles42 says

    I agree that Chief Ellerbe should not be blamed in this. He was sent to Siberia and he has been there about two years. Some people might think it is great to have a job with no responsibility where you can earn over $100,000, but for most of us, it is hell. If Chief Ellerbe got a “deal” it was because it removed a potential enemy.

    on December 16, 2009 @ 6:53 pm. Reply
  24. Bobby says

    I agree with you Poodles42!!

    on December 16, 2009 @ 7:28 pm. Reply
  25. IrishBear says

    Whoa!

    on December 17, 2009 @ 4:23 am. Reply
  26. firefighthero says

    What is the truth?

    on December 17, 2009 @ 6:38 am. Reply
  27. Amazed says

    But DCOIC, even if there is a form for LWOP on the LAN, that time does not count towards time worked. In the retirmement book, the only approved LWOP is to work for the union and even then you have to pay both sides of the retirement deposits. The rule is that he has to show up at work everyday until he is 50 or like everyone else, he must wait until he is 55 to get a check. To do otherwise must be done through legislation.

    on December 17, 2009 @ 9:13 am. Reply
  28. DCOIC says

    Amazed,
    The rule is not he must show up for work everyday. The rule is he must work 25 years and be fifty. He has his 25 years. In the orderbook it says anyone can be given up to 1 year of LWOP. I don’t think anyone has said this time is counting towards his retirement. If it is then that is illegal. But the leave of absence is not.

    on December 17, 2009 @ 10:19 pm. Reply
  29. Joe says

    Dave,

    Thanks for checking in and thanks for the update. I wasn’t that familiar with the Ellerbe story and it’s been interesting to read all the comments. One thing I will say about Chief Ellerbe that I know, he is a smart man and knows the books. He would not make a move like this if there was any doubt of ligitimacy. It’s also interesting to me that his leave of absence is being challenged when so many have used this in the past to maintain the maximun retirement possible. I’m sure if an honest assessment were to be rendered, it would be found to have many Ellerbe’s on the books.

    But to set the record straight for some and informing for others especiially Bobby, I’ll be transparent here. I’ll start at the promotion.

    At the time of my promotion to Sergeant, I was already on the list for promotion and Interim-Chief Tippett made the desision to promote dispite the DC Manual that stated a fire fighter could not be promoted while on sick leave. He made that decision I believe becuase he believed: 1. that I would make it back to full duty. 2. He believed it was the right thing to do, considering the circumstance. And as a result of him making that decision there were other chiefs who were on sick leave and got promoted as a result. When I took the Lieutenant’s exam I was actually working at the Fire Academy, I passed the exam, did well on my assessment exam and was placed in a promotable position on the list. When the initial promotions came out I was passed over and had to have legal and local 36 representation in order to get my Lieutenants promotion. Even after I received my promotion it almost a year before I recieved my pay.

    By doing so, there was a change made on the books that would allow “any firefighter” the opportunity for a one time promotion while in a sick leave status. Which again allowed for other members of the department a chance to take an exam and get promoted despite being on sick leave caused by injury incurred on the job. So, God forbid that you Bobby, would be injured at a time of promotion or exam, but if that were the case thank God you would have the opportunity take the exam and possibly get promoted. Sounds like you have the “HOOK-UP”.

    As far as my pay status, it’s really no one’s business, but Anonymous was correct in his/her explaination. I was origianly retired with 70% of 70% of my pay, which resulted in a gross income of $31,500 per year. After I “GOT HOOKED-UP, LOOKED AFTER, what ever you want to call it.” I receieved approximately another 10,000. There is also the stigma of only being able to make the equalvilent income of a Lieutenant before my disability annuity is challenged and decreased.

    Don’t get me wrong, I appreciate everything that my legal staff, the local and all the members who have prayed and fought on my behalf have done for me, and what I’m receiving in order to provide for my family. God is providing for my needs and has given me more abundantly, peace.

    There are so many things that I have witnessed in my time on the DC Fire Department, whites against blacks, blacks against whites, good ol boy clicks, test cheating, answer giving, favortism, but finally ultimate sacrifice.

    When it’s all said and done, who wins and who loses…. we all will lose if we continue to finger point and fight against each other rather than for and with each other.

    God Bless all the families that have been affected by the loss of loved ones, early retirements and disabilities, I’m truly sorry that you had to experience this.

    As much as I would have liked to have stayed on the DC Fire Department and imparted what knowledge I have,but there was a target on my back, (God Bless you Chief Thompson), I am even more thankful to be in the place that I am, in peace with my Lord Jesus.

    God Bless you ALL

    on December 18, 2009 @ 9:02 am. Reply
  30. Brooks says

    Thank you, for everything, Joe.

    on December 19, 2009 @ 10:15 am. Reply
  31. FireCap5 says

    Now there gentlemen, is a class act.

    on December 20, 2009 @ 2:04 am. Reply
  32. affwife says

    Joe, you are one special person and thank you for remembering all those who have gotten hurt. Bobbie , you have no idea about anything and how dare you say anything.I am so disgusted, that the true issue here is that this department is gone down the tubes. The one’s doing by the book’s are getting screwed and there is constant finger pointing going , but instead of finding out the REAL stories, members love to gossip or spread false information.Like I say everyone talks the talk ,but as they say do you walk the walk. FIX THE REAL PROBLEMS!!! Before someone else gets killed!!!!GOD BLESS YOU JOE MORGAN!!!!!

    on December 20, 2009 @ 10:30 am. Reply
  33. HOOKMAN says

    Well spoken Joe..You were and still are an inspiration to all. I’m glad your at peace and wish the best for you and your family.

    on December 20, 2009 @ 10:54 am. Reply
  34. Anonymous says

    Whoa, reading the blog makes it look like D.C. Fire/EMS is in real shambles. affwife says that they should “FIX THE REAL PROBLEMS!!!” Ok, Ruben may have been caught in a lie, Ellerbie took advantage of the system like others have. Is that the real problem in DCFD? Is that what the rank in file are upset about?

    How about this? Are you getting the training you needn does your gear protect you like it should, is the equipment in decent shape, are the firehouses in decent shape, are the the firefighters and officers competent?

    WHAT ARE REAL PROBLEMS?

    on December 20, 2009 @ 11:04 am. Reply
  35. affwife says

    Anonymous,
    That is what I am talking about. Not the fact we all now how many times people have lied or that people take advantage of the system screwing others. I taking about the system that has been broken for years, and the guys that almost died or have died because of it.

    on December 20, 2009 @ 1:44 pm. Reply
  36. Brian says

    Joe,
    You are truly the definition of what a firefighter/officer is. I am proud to have known you and had the opportunity to have talked with you about your injuries. To this day it sits heavy on me when I respond to fires. As a newly promoted officer, I reflect on what happened to you and strive to make sure it does not happen again.
    Thank you Joe for being who you are and being an inspiration to so many. May God bless you and watch over you and your family.

    To the rest,
    Why don’t we focus on watching each others backs at work, do our jobs the best we can, go home safe to our families and friends, and make the best of what we have. The legal issues will come out in the wash, city council will continue to do what they do and the administration will do what they think is right. Weather we agree with it or not it is the way it will be. There is no way you can have over 2000 members agree to everything that goes on. There is also no way for us to challenge what is taking place weather we want to or not. So for now, until things change, keep your head up and be proud to be a DC Firefighter/Officer because we all know when it comes to push and shove we are STILL the best at what we do and will continue to be the best regardless of what goes on between city council and the administration.

    on December 21, 2009 @ 8:36 am. Reply

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