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Controversy all around, DC’s Mayor says he has confidence in Fire Chief Ellerbe. Deputy Mayor wants to know why 10 ambulances were out of service when cop needed help.

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DC Breaking Local News Weather Sports FOX 5 WTTG

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It seems the DC Fire & EMS Department has been in the news almost constantly for the last three weeks and little of it has been good news. It has gotten to the point that today reporter WTTG-TV/ Fox5 reporter Paul Wagner confronted Mayor Vincent Gray about he leadership of Chief Kenneth Ellerbe:

Wagner: Do you still have confidence in Kenneth Ellerbe?

Mayor Gray: Yes.

Wagner: You do?

Mayor Gray: Yes

Wagner: Unequivocally?

Mayor Gray: I have confidence in our fire chief, is that your answer?

Wagner: Yes.

As for Chief Ellerbe, he has not been making any statements about the latest incident to put the spotlight on the department, the delayed transport for a seriously injured DC police officer. The chief is letting his boss Deputy Mayor Paul Quander talk with the press about this incident. Just two weeks ago Chief Ellerbe was more vocal, putting out three statements within 24 hours that addressed what the chief saw as inaccurate reporting on different stories about the department.

But Chief Ellerbe did talk with DC Police Chief Cathy Lanier about her officer being struck Tuesday night. Lanier, whose late dad was a chief officer with Maryland’s PGFD, talked with reporters today saying, “The last thing I want to think about it, you know is, a police officer who is injured that seriously to have to wait to get transported.”

In addition to the latest stories from Channels 4, 5 and 7 this evening that we’ve posted, here are links to other recent coverage: Why So Many Broken Ambulances, Alan Suderman, Washington City Paper; Debate over D.C. fire staffing renewed after officer’s long wait for ambulance, Peter Hermann, The Washington Post; D.C. Ambulance Unavailable to Respond to Injured D.C. Police Officer, Eric Purcell, DCist.com;  D.C. investigating cop’s wait for ambulance, Alan Blinder, Washington Examiner; D.C. officials to investigate why ambulance was unavailable for injured cop, Andrea Noble, The Washington Times.

Mark Segraves, WRC-TV/NBC4:

The investigation into the delayed ambulance response for an injured D.C. police officer is focusing on 10 ambulance units that were out of service at the time of the call. The man in charge of the investigation told News4 he’s trying to find out why the units were unavailable and why they were all out of service so close to the end of their shifts.

The initial calls for a pedestrian down came about 6:30 p.m. Tuesday night — just 30 minutes before the shift change.

“I want to make sure that in fact no one took themselves out of service without the proper authorization and especially when it came time to ending their shift early,” Deputy Mayor Paul Quander said. “That’s unacceptable.”

Thirty-nine ambulance units were on duty at the time of the accident, Quander said, and some of the 10 that were out of service had legitimate reasons for not being able to respond to the call.

“One of the things I need to find out from this internal review is what happened to 10 of the units that were not available at that critical time,” Quander said. “Some of them may have been on runs to hospitals. Some of them may have been being cleaned. There are others I need to focus on to see whether or not they took themselves out of service without authorization.”

The officer was eventually transported by a Prince George’s County ambulance with life-threatening injuries. He suffered multiple fractures to his left leg and has had two surgeries so far.

His recovery will be long, D.C. Police Chief Cathy Lanier said.

Paul Wagner, WTTG-TV/Fox 5:

But it’s what happened after the collision that is now the subject of an ongoing investigation involving D.C. Fire and EMS.

The Sixth District officer, who has now been identified as Sean Hickman, broke his pelvis and one of his legs and was on the ground waiting for help for as long as eight minutes before paramedics on an engine arrived to render first aid.

The officer then waited at least 15 minutes more for an ambulance that had to come from Prince George’s County because there were no ambulances available in the District.

The long wait for an ambulance is now the subject of an investigation by the deputy mayor for public safety who says some of the ambulance crews on duty that night may have left the streets before the end of their shift.

“We had 10 medical units that were not available for service and I need to know why,” said Deputy Mayor for Public Safety Paul Quander. “Some of them were on runs, some were in for cleanup after you do a run, but I’m also looking to see if some went out of service inappropriately without authorization. They may have left their shift before it was over, but these are some of the things we have to sort out.”

Officer Hickman was riding a scooter when he was hit in the intersection of 46th and A Streets in Southeast D.C.

The long wait for medical help has infuriated the police union, which is now pointing fingers at the fire chief.

“Here in the nation’s capital that we would not have an ambulance available is inexcusable and who’s to blame? The Fire Chief Kenneth Ellerbe is to blame,” said Fraternal Order of Police Chairman Kristopher Baumann. “This is his department and this is not the first time we have seen mismanagement with story after story of how he has been unable to make this a working department.”

Chief Ellerbe declined a request for an interview and said all questions would be answered by the deputy mayor.

“We had paramedics that arrived within eight minutes, which is well within the standard that we want,” said Deputy Mayor Quander. “What I also said is that the review will take a look at everything to see if we can improve, whether there was any impact to the officer’s care.”

On Thursday afternoon, FOX 5 asked D.C. Mayor Vincent Gray if he is concerned with the current state of emergency medical care in the city.

“With respect to the current situation, I’ve asked Paul Quander to take a look at it and he will have information and anything that will be broader than that, so let’s wait and see what he comes up with,” said Gray.

When asked if he still had confidence in the fire chief, the mayor replied “yes.” 

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News reports: No ambulance available for DC motor cop struck. 18 minute wait for PGFD ambulance. FOP head again blasts fire chief.

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WJLA-TV/ABC 7:

A MPD officer struck in a hit-and-run had to wait nearly 20 minutes before an ambulance arrived on scene.

A vehicle struck the MPD officer just after 6:30 p.m. at 46th and A streets SE. When the call was dispatched, D.C. said they had no available EMS units to send.

An ambulance from Prince George’s County was dispatched, arriving to the scene at 6:52 p.m. Nearly an hour passed between the time the officer was struck and his arrival time at MedStar Washington Hospital.

According to police, the suspect fled the scene, leaving the vehicle behind.

The officer was conscious and breathing upon transport to an area hospital.

Alan Blinder, Washington Examiner:

(PGFD Chief Spokesman Mark) Brady said the Prince George’s ambulance, joined by a D.C. paramedic, took the injured officer to a trauma center in Washington for treatment.

Spokesmen for Mayor Vincent Gray and the D.C. Fire and Emergency Medical Services Department did not immediately respond to requests for comment Tuesday night.

But Kristopher Baumann, the leader of the District’s police union, slammed the city’s response and blamed Fire Chief Kenneth Ellerbe for the episode.

“At this point, Chief Ellerbe has pushed the fire department into a place where it cannot perform even the most basic services. From everything we’ve seen, it has been one misstep, one act of mismanagement after another,” Baumann said. “We are now in a situation where a police officer is laying out in the cold, out in the street, because the fire chief can’t provide ambulances.”

Edward Smith, the president of the firefighters union, said he hoped the incident would spur the city to increase the number of available ambulances.

“We hope there are more units available in the future for timely transport,” he said. “It’s a matter of public safety.” 


DC Update: Police union says no to Mayor Gray’s event because of fire chief’s White House flap. Councilmember wants IG to probe cadet harassment charge.

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The head of the police union in DC says his members will join IAFF Local 36 members in not attending Mayor Vincent Gray’s luncheon to honor city workers who helped safeguard the Inauguration. The FOP is taken this action because of DC Fire & EMS Department Chief Kenneth Ellerbe. Kristopher Baumann told Washington Examiner City Hall reporter Alan Blinder, ”We’re not going to participate until this administration starts behaving like it’s run by adults and starts treating fellow workers with respect.”

Baumann is referring to Chief Ellerbe’s decision last week to review the cirumstances behind three firefighters appearing in uniform at a White House event with President Obama. Chief Ellerbe issued a statement Friday saying that the initial report by WRC-TV/NBC4 reporter Mark Segraves was not accurate and that discipline was not being considered, though the firefighters were ordered to file reports about the incident. One of those firefighters had publicly battled with Chief Ellerbe last year over multiple changes to the department’s uniform policy.

IAFF Local 36 president Ed Smith also talked to reporter Blinder:

But Edward Smith, the president of the firefighters’ union, said taking part in the celebratory luncheon amid an ongoing review would have sent “a mixed message.”

“It definitely seemed inappropriate,” said Smith, who added that it “remains to be seen” whether the review will lead to discipline.

The White House flap is one of the news stories that prompted Chief Ellerbe to issue three statements within 24 hours last week (and here) claiming reporter accounts in each were inaccurate. One of the other stories was about sexual harassment claims made by cadets at the Training Academy against two instructors. The differences between the story reported by WJLA-TV/ABC 7 and information in Chief Ellerbe’s statement has Council member Tommy Wells asking for an inspector general’s investigation of the matter.

WJLA-TV/ABC 7:

In a letter dated Feb. 26, 2013, Wells asks the inspector general to investigate the allegations. He states that there is wide difference between what fire officials say and what’s being reported by the media.

The story, which was an exclusive ABC7 I-Team Investigation, discovered looming sex scandal in the D.C. Fire Department involving female trainees. Multiple sources told ABC7 that two female cadets recently accused two training academy instructors of sexual harassment.

“We took immediate action to remove those members from the presence of our cadets and continued class,” says D.C. Fire & EMS Chief Kenneth Ellerbe. “The ladies have asked that we keep this matter confidential and we’ve done our best to do that until this matter is completely resolved.”

2013-02-26, Inspector General RE FEMS Harassmment Allegation by DavidKihara

Can’t anyone get it right around here? For third time in just 24 hours Chief Kenneth Ellerbe says DC reporters got a story wrong.

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WRC-TV/NBC 4 reporter Mark Segraves is as least the third reporter this week who has had the accuracy of his reporting questioned in statements released by DC Fire & EMS Department Chief Kenneth Ellerbe. Segraves had reported late Friday afternoon that three firefighters, including a lieutenant who had done battle before with the chief, face possible disciplinary action for appearing in uniform at an event with President Barack Obama. A few hours later this statement from Chief Ellerbe was posted on the TV station’s website:

Contrary to reports in local media, the DC Fire and EMS Department is not considering any disciplinary action against uniformed personnel for appearing alongside President Obama. At the request of the Deputy Mayor for Public Safety and Justice, DC FEMS is simply reviewing its internal protocols for such appearances to ensure that both the Department and its employees are fully informed.

We fully support the efforts of President to highlight the essential and life saving work that our first-responders do every single day, and welcome his invitation for our members to participate. We’re exceedingly proud of the men and women that wear the DC FEMS uniform, and thank the President for his support.

If this sounds familiar, it’s probably because just 24 hours earlier Chief Ellerbe called into question the actions of reporters on two other stories. On Thursday evening, communications director Lon Walls sent out a pair of statements from Chief Ellerbe saying news reports on sexual harassment allegations at the Training Academy and on the death of a man on New Years at the time of an ambulance shortage were both inaccurate.

Also interesting, is a public Twitter conversation Chief Ellerbe had Friday evening with another reporter who covers the department, Andrea Noble of The Washington Times. Here it is:

This conversation ended with this Tweet from Chief Ellerbe to reporter Noble:

maybe you should schedule some time in our office to establish a foundation for accurate information as some others have done? 

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Three DC firefighters face discipline over appearing with President Obama without authorization. One of those in trouble publicly opposed Chief Kenneth Ellerbe’s uniform policy.

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Previous coverage of dispute between Chief Kenneth Ellerbe & Lt. Robert Alvarado

Mark Segraves, WRC-TV/ NBC 4:

Three local firefighters are facing possible disciplinary action after appearing with President Obama during a press event.

Earlier this week the president was flanked by first responders as he spoke about the impact of sequestration. Kenneth Ellerbe, chief of D.C.’s Fire and Emergency Medical Service Department, told News4 the three members of DCFEMS who participated in the event may have violated department regulations.

“I didn’t know about it, the deputy mayor didn’t know about it, the mayor didn’t know about it,” Ellerbe said. “There should be protocol followed anytime one of our employees representing the District of Columbia appears at a public event.”

Ellerbe says the three have each been ordered to file a special report on the event detailing how they came to appear with the president and who authorized it.

“How did they get there, why were they there and why didn’t we know about it before?” Ellerbe said.

Ed Smith, president of Local 36 of the firefighter’s union, said his office facilitated the appearance by the firefighters.  “The request came through the International Association of Firefighters,” Smith said, adding that it’s not the first time D.C. firefighters have been asked to appear with the president.

But he said, it’s the first time it’s been an issue. “We’ve done this before. I would hope it doesn’t come to any discipline. They were supporting our president,” he said.

Ellerbe would not identify the department members involved, but one of those pictured is Lt. Robert Alvarado, who has been disciplined in the past by Ellerbe. In 2012 Alvarado was placed on leave after he wore a uniform with an outdated logo.

Ellerbe says requiring Alvarado and the others to explain why they attended the event in their dress uniforms is not payback for any previous incidents.

“There’s no payback, we don’t operate in a payback environment. I know folks say that but it’s not true.” Ellerbe insited.

Ellerbe says none of the firefighters are facing termination, but added one of those involved is a woman who is new to the department and still on a probationary period.

DC Fire Chief Kenneth Ellerbe says two recent news stories aren’t accurate. Sends out press releases on training academy sexual harassment & provides a timeline on New Year’s ambulance delay story.

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Previous coverage of Training Academy story

Previous coverage of New Year’s ambulance delay & billing

Read Chief Kenneth Ellerbe’s statement on Training Academy story

Read Chief Kenneth Ellerbe’s statement & timeline on New Year’s ambulance delay

Yesterday evening Lon Walls, communications director for the DC Fire & EMS Department, sent out press releases on behalf of Chief Kenneth Ellerbe that described two recent news stories about the department as inaccurate. One is Chief Ellerbe’s detailed response to a story broadcast by WRC-TV/NBC 4 way back on February 8 about a bill for services to the family of a man who died on New Year’s Day. There was a lengthy wait for an ambulance in that case because of staffing shortages. For the first time since the incident occurred, the department has issued a detailed timeline. Click here for the release.

The second story is the one we brought you yesterday from WJLA-TV/ ABC 7 about claims by female cadets about sexual harassment at the Training Academy. Here is that  release.

On this page are the two follow-up stories the TV stations did in reaction to the press releases from Chief Ellerbe. Above is the video from the Training Academy story and below is what was published on WRC-TV/NBC 4‘s website about the ambulace issue:

D.C. Fire and EMS released a statement Thursday explain what happened early New Year’s Day, when a man died after waiting for an ambulance.

Durand Ford Sr. waited 30 minutes for an ambulance as he was having trouble breathing and that ambulance came from Maryland, according to his family. While fire officials acknowledge a delay in getting an ambulance to the scene, they said a paramedic was on scene providing appropriate care in 10 minutes.

According to D.C. fire, after the call was dispatched at 1:26 a.m., a fire truck responded at 1:35 a.m. and a second truck – one with the paramedic – arrived at 1:37 a.m. A call for additional assistance was placed at 1:40 a.m., and because no D.C. ambulances were available, Prince George’s County responded to a mutual aid request, D.C. fire officials said. However, a D.C. ambulance became available at 1:42 a.m., and D.C. fire said the D.C. ambulance reached the scene at 1:55 a.m. – before a Prince George’s County ambulance got there.

The ambulance that did transport Ford was from D.C., not Maryland, according to D.C. fire. The ambulance from Prince George’s County was not used and returned to Maryland.

D.C. fire also cited a high volume of calls at the time as well as a high number of personnel out sick as the reason why an ambulance wasn’t available before 1:42 a.m.

Furthermore, what Ford’s family believes was a bill for $700 was a notice from the billing contractor requesting insurance information and permission to file an insurance claim, according to D.C. fire.

D.C. Fire and EMS does not generally comment on specific patient cases due to privacy issues, officials said, but they commented Thursday due to “inaccurate” information in newspapers, broadcasts and on social media.

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A $780 bill for a DC ambulance that never came. Family of man who died New Year’s Eve outraged.

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Previous coverage of the story

This is the latest story about the fallout from the New Year’s staffing shortage experienced by the DC Fire & EMS Department. This story of adding insult to death is reported by Shomari Stone at WRC-TV/NBC 4. Durand Ford Sr. died early New Year’s Day. It took 33 minutes to get an ambulance to his residence.

There has been a lot debated about this incident and what happened New Year’s Eve. Maybe I missed it, but in all the coverage I have yet to see anyone ask a question that jumped right out at me when I first saw the timeline of the event. If there were no DC ambulances or medic units available, why did the Office of Unified Communications (the 911 center) wait 23 minutes to request EMS from neighboring Prince George’s County? Maybe I’m just reading it wrong.

WRC-TV/NBC4:

Durand Ford, Jr. says DC Fire & EMS has sent him a $780.85 bill for an ambulance that he called for his father early on the morning of January 1.

Ford tells News4 that his father died waiting for that ambulance, after it took more than 30 minutes to arrive.

“I feel angry. Upset,” Ford said. “I’m disturbed that we even received this bill.”

Ford said he and his family called 911 in the early hours of New Year’s Day because his father, 71-year-old Durand Ford, Sr. had trouble breathing.

According to records, the 911 call was made at 1:25 a.m. A DC fire truck arrived only nine minutes later, but an ambulance was unavailable. According to Prince George’s County Fire & EMS records, DC Fire did not call Prince George’s County for assistance until 1:47 a.m. One minute later, the county dispatched an ambulance from Oxon Hill to go to Ford’s home in Southeast Washington. It arrived at 1:58 a.m.

DC Fire & EMS did not return News4’s request for comment.

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Stabbing victim transported in DC fire truck New Year’s Eve. Ambulances & medic units not staffed. Lack of planning & high sick leave use cited.

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DC Breaking Local News Weather Sports FOX 5 WTTG

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Paul Wagner, Fox 5 WTTG-TV:

The D.C. Fire Department found itself in a crisis situation New Year’s Eve when more than a 100 firefighters called in sick. At least 11 ambulances went unstaffed and supervisors were forced to ask for help from Prince George’s County.

One man died waiting for an ambulance and a stabbing victim was transported to the hospital in a fire truck.

The Firefighter’s union denies it was behind a coordinated sick out and says the trouble New Year’s Eve could have been avoided if the department had staffed up as it did in recent years.

Ed Smith, the head of the union, says the department is choosing cost cutting over public safety.

That’s a claim the chief denies.

If you called for an ambulance in the District of Columbia New Year’s Eve you were likely left waiting for quite some time.

Multiple sources with internal department documents to back it up say ambulance crews were in constant motion crisscrossing the city trying to keep up with the demand.

On Lang Place Northeast, Fire Engine 30 transported a stabbing victim to the hospital because an ambulance wasn’t available. It’s highly unusual for a patient to be transported on a fire truck.

At a home on 44th Place Southeast it took 40 minutes for an ambulance to arrive from Prince George’s County for a man in cardiac arrest.

A relative says the man later died.

Chief Kenneth Ellerbe declined to point any fingers over the large number of firefighters calling out sick but admitted it was highly unusual.

“Today we have 26 people out sick” said Fire Chief Kenneth Ellerbe, “but it could be members waited because they have an option to use sick leave three times a year without going to the clinic, it’s called our minor illness program, New Year’s Eve, it could be our members wanted to be off or they were sick.”

Chief Ellerbe described the man power shortage as a challenge rather than a crisis and says he attempted to find replacements.

He asked the Deputy Mayor for Public Safety to waive the cap on overtime that prevents some firefighters from working extra hours.

“My understanding is he talked to the mayor and (City Council Chairman) Phil Mendelson” said Chief Ellerbe, “and there was an agreement that if we relaxed the cap we would do it for just this instance but as it turned out only two members took advantage of it so it doesn’t make sense for us to talk about those kind of things as opposed to just working together to make sure these things don’t happen again.”

Chief Ellerbe says when the department went looking for extra help New Year’s Eve 48 out of 50 fire fighters turned the department down.

It’s no secret the firefighters union and the Fire Chief have been at odds.

It was just about a year ago a room full of firefighters turned their backs on the Chief and walked out of a state of the department speech he had just given.

In 2010 the District put a law into place limiting the number of overtime hours a firefighter can work.

A law the firefighters union would like to see abolished.

The union says firefighters who want to work are prevented from doing so because of the law.

FOX 5 has obtained an internal document showing five medic units and eight ambulances needed for staffing News Year’s Eve for a total of 13.

Bah! Humbug! Did DC’s mayor play Scrooge for cops & firefighters over the holidays leaving them out of the holiday bonus? Vince Gray says no. Unions say yes.

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Read Washington Post article

Russ Ptacek, WUSA9.com:

D.C. police and firefighters are upset that Mayor Vincent Gray closed offices for Christmas Eve and ordered special pay for city employees who are required to work, but didn’t include them.

The unions are portraying the mayor as a Grinch, while the mayor’s office says their compensation is already fair.

“Apparently we have been exempted from the holiday,” said D.C. Firefighter Union President Ed Smith in an e-mail to WUSA9. “My membership wants to know why?”

Except for the holiday wreaths and jingle bells attached to the grills of District fire trucks, emergency workers continued their normal routines while the unions battled city hall.

Union leaders say the holiday pay disparity is unfair.

“The mayor said this was for all employees,” said DC Police Union Chairman Kristopher Baumann about the Christmas Eve compensation. “What we should have realized was given his history was that really meant it was (for) publicity.”

The mayor announced the Christmas Eve closings and compensation last week.

“Patently absurd…half truths,” was the reaction from DC Mayor Gray’s spokesman Pedro Ribeiro.

Ribeiro said the Christmas Eve benefit wasn’t intended for emergency workers because they are already higher paid than most city workers and negotiate benefits through a contract.

Union leaders pointed out police and fire have been working without contracts for five years.

“Under administrative closings, they don’t get paid in their contracts,” Ribeiro said.

“This didn’t have anything to do with any contracts,” Baumann said. “This is a mayor’s order, meaning he’s doing this by statute.”

The mayor’s spokesman countered emergency workers qualify for many other benefits unavailable to other city workers.

“This is just another hit to the fire fighters morale,” Smith said.

Ribeiro said criticism came as a surprise, because he believes the Gray administration has shown good faith in working towards successful contract negotiations with police and fire fighters.

Not so, says the police union. 

“Mayor Gray has repeatedly misrepresented to the media the status of police negotiations and mischaracterized the position of the District in those negotiations in an effort to mislead the public,” the union said in a news release.

DC Chief Kenneth Ellerbe defends plan to remove all ALS transport units from overnight hours. Says citizens better served moving medics to peak demand hours.

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Report on paramedic shortage

DC Fire & EMS Department Chief Kenneth Elllerbe got a couple of minutes to state his case in a live interview last night at the top of the 11:00 PM newscast on WUSA-TV. Chief Ellerbe wants to go to a peak scheduling plan for the department’s paramedics beefing up the number of paramedics working during the hours when the statistics show they are most needed. The most controversial aspect of the idea is the removal of all paramedic ambulances, or medic units, between 1:00 AM and 7:00 AM when Ellerbe says demand for those services goes down to about half the number of calls during the rest of the day.

Such peak loading has been attempted in the past in the Nation’s Capital. It can become controversial when a chief has to explain why a paramedic ambulance was sitting in quarters unstaffed at a time when a child around the corner goes into cardiac arrest. Chief Ellerbe points out that he doesn’t expect the wait time for receiving ALS care to increase during those hours because paramedics will still be responding aboard paramedic engine companies and there will be 21 to 25 basic life support ambulances available for transport overnight. In addition, there will be paramedic supervisors working during the off peak hours.

Chief Ellerbe was asked last night, and in a story a week earlier on WTTG-TV, about allegations of a paramedic shortage and the departure of overworked medics. The chief claims the rate of departure is lower the last two years than the previous two and that there is not really a paramedic shortage as claimed by the firefighters’ union.

But the question I have yet to hear anyone ask is the first that comes to my mind in these stories. When a fire call strips an area of paramedic engine companies and there is an immediate need for ALS around the corner how is easy is it going to be to defend the plan when the closest paramedics are aboard engines on the other side of the city?

My experience is that whatever the merits of this plan are or aren’t will take a back seat to the public and council members acceptance of it after the first news story about someone dying. In the past they have had trouble dealing with the concept that their neighborhood paramedic ambulance only comes to get you if you have your heart attack at 2:00 PM but isn’t staffed if it occurs at 2:00 AM. 

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Paramedic shortage in Nation’s Capital. TV station reports medics leaving DC at high rate due to overwork & stress.

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DC Breaking Local News Weather Sports FOX 5 WTTG

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Dan Goldstein, WTTG-TV/Fox 5:

Paramedics, the most elite medical responders in the city’s fire department, are leaving the District’s Fire and EMS agency at such high rate due to overwork and stress that the department is now facing a critical shortage, multiple department sources told FOX 5 News.

Call volume in the city has been rising over the past three years as a result of increased population, but the department’s emergency medical system, especially its staffing of paramedic units, has fallen short, FOX 5 has learned.

For example, FOX 5 has learned that on many days, the department is unable to fill all its 14 paramedic-staffed ambulances that are supposed to be in service around the clock every day to respond to the most critical life-threatening calls, because it is short as many as 100 paramedics to fill the slots.

Paramedics have more than 1,600 hours of training in life-saving emergency procedures, compared to about 300 hours of training for emergency medical technicians or EMTs, who make up the bulk of the department’s EMS first responders. Unlike EMTs, paramedics can use the most sophisticated defibrillators for patients in cardiac arrest, start IVs, push life-saving drugs like insulin and insert breathing tubes to help patients in respiratory distress.

But in D.C., there aren’t enough of them. Several years ago, the city shelled out $7,000 in bonuses to recruit paramedics, but many of them have already left for other jurisdictions like Montgomery County, Md. and Annapolis, according to the firefighters union. Moreover, there hasn’t been a paramedic class or hiring effort since to replace those that have left, the union says.

“There aren’t enough paramedics in the system,” D.C. firefighter union chief Ed Smith told FOX 5 News. “We need an increase in units.”

To offset the shortage, the department has been forced to pull firefighters who are cross-trained as paramedics off engine companies to backfill the ambulance slots. Currently about two dozen fire engines, which cost more than $500,000 each, are also now serving as expensive EMS shuttles, delivering paramedics to emergency calls to get a top-level medical provider on-scene quickly on the most urgent runs when paramedic-staffed ambulances aren’t available.

But taking engine companies out of service to run medical calls is risky, says Ed Smith, the union chief.

 

“Hopefully there are no fires during the same time,” he said.

Even more serious, FOX 5 has learned the department has been forced to hold over some paramedics who have already worked a 24-hour shift for as many as 12 more hours, just to keep some units on the street, leading to fatigue and low morale.

“Somebody’s going to die or get hurt from this and I don’t want a part of it anymore,” one veteran D.C. firefighter/paramedic told FOX 5.

The D.C. first responder only agreed to talk if we hid their identity, for fear of retaliation.

The city’s emergency medical system, the paramedic said “is going to crash. Everybody knows it. We all talk about it. It’s going to crash and there’s no predicting who’s going be in its way.”

The D.C. firefighter/paramedic also told FOX 5 that because of the shortage, they are often bounced around the city from station to station every shift, depending on need. That makes it hard to learn a particular area of the city, they said, which can lead to longer response times as paramedics struggle to find an out-of-the-way address or apartment.

In addition, paramedics aren’t allowed to refuse department orders to continue work, even if they’re exhausted from working 24 hours straight.

“You cannot go home, you will be put on charges, which are disciplinary action, even if you don’t feel up to it,” the D.C. paramedic told FOX 5.

D.C. Fire and EMS Chief Kenneth Ellerbe told FOX 5 News that the city doesn’t have a paramedic shortage, saying there are more than 240 paramedic-certified employees in the department, even though not all on are on the street or available to care for patients.

“I know that we are able to respond to the community every time we have a call,” Ellerbe said in an interview.

He said that holdovers of paramedics do occur, however.

“We do have the capacity to hold folks over to reduce our overtime,” he said. “But, also to make sure that we are fully staffed to make sure that we can respond to the needs of the community.”

Still, in a follow-up interview at the chief’s request the day our story was to air, Chief Ellerbe declined to answer questions on the safety of the system, referring questions about whether a 36-hour shift for a paramedic puts patients at risk to his medical director, David Miramontes.

“I can tell you we provide really good patient care,” Miramontes told FOX 5.

To reduce the fatigue on paramedics and EMTs, the city has come up with a new deployment plan for its ambulances called “power shifts” where more units will be on duty during the daytime, when the call volume is highest, and be reduced at night when there are far fewer calls.

“That will allow us to put from 25 to 45 units on the street, particularly during our heaviest call volume hours,” Ellerbe said.

Still, union chief Ed Smith has his concerns, saying the plan actually leaves the District without a dedicated paramedic-staffed ambulance from 1 a.m. to 7 a.m. The power shift was to go into effect this month, but FOX 5 has learned it has been delayed, at least until next year.

Marie Bates, who lives in Southeast Washington, is one District resident who has witnessed the struggles of the DC EMS system up close and personal. In August, she called 911 from her home on Good Hope Road, SE for chest pains, a top priority call for the D.C. emergency medical system. But since there were no close-by units available, a paramedic-staffed fire engine from Station 29 on MacArthur Boulevard in Upper Northwest had to answer the call, more than seven miles away. The response time was nearly 20 minutes, more than twice what it should have been by department protocol.

“They told me that first they were coming,” she told FOX 5 News. “Then they said they were uptown, they couldn’t get through.”

She worries though about other District residents who may not be so lucky when they call 911 and have to wait for a paramedic to arrive.

“People could be on their deathbed,” she said.

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Ruling says case of DC EMT fired in 1997 to live on. Court allows suit over failing to reinstate & provide back pay eight-years-ago to continue.

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Suits & Sentences blog (Follow Mike on Twitter: @MichaelDoyle10)

Read 18-page ruling

In 2004 Steven Steinberg received some positive news about his seven year battle over being terminated as an EMT with the DC Fire & EMS Department. That’s when the DC Office of Employee Appeals ordered that Steinberg was to get his job back along with back pay. But as McClatchy’s Washington Bureau reporter Michael Doyle tells us in his blog Suits & Sentences, that never happened. This prompted a lawsuit by Steinberg.

Doyle reports that U.S. District Judge James Boasberg ruled on Friday, that despite continued legal challenges from the District of Columbia government to have the suit dismissed, the lawsuit will continue. Steinberg’s case has spanned the administration of more than a handful of DC fire chiefs. Mentioned in the ruling are Adrian Thompson, Dennis Rubin and Kenneth Ellerbe. Here’s more from Mike Doyle:

FEMS Chief Kenneth Ellerbe, and several other former top officers, were scheduled to be deposed July 30. Keep in mind: when handled by a tough, prepared attorney, depositions can be uncomfortable proceedings. And, as it happened, “just four days” prior to the depositions, Boasberg noted, “Mr. Steinberg received a letter from Chief Ellerbe advising him that he would be conditionally reinstated and awarded retroactive back pay and benefits.”

Steinberg says he is permanently disabled, and cannot be restored to his prior position. He stopped appearing for work as an EMT in 1995 when he filed his initial disability claim, actions which eventually led to his termination. Department officials said he was fired for being absent without leave; he says he was wrongfully terminated for filing a workman’s compensation claim.

Click here for the complete post from Michael Doyle

‘The fire chief needs to be careful in his personnel actions’. Advice from DC Council Chairman after ruling that Chief Kenneth Ellerbe retaliated against union president.

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 DC Fire & EMS Department Chief Kenneth Ellerbe at a hearing before Council Chairman Phil Mendelson.

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Previous coverage

Washington Times reporter Andrea Noble gathered reaction to a recent arbitrator’s ruling that DC Fire & EMS Department Chief Kenneth Ellerbe retaliated against IAFF Local 36 president Ed Smith by transferring Smith from Rescue Squad 1 to Engine 7 in July 2011. The man whose committee has oversight of the department, D.C. Council Chairman Phil Mendelson told Noble the ruling was “sobering” and “not good for the department”. Here’s more from Mendelson and others:

“I have not read the decision, so I can’t speak to the reasoning there,” he said. “But the fact that the arbitrator did conclude that the transfer was improper, I think is sobering and suggests that the fire chief needs to be careful in his personnel actions.”

Others see the ruling as an indication of lingering issues that can bring more harm to the department if government officials from outside the agency do not step in.

“It hurts public confidence when arbitrators make these type of findings,” said Terry Lynch, an activist who heads the Downtown Cluster of Congregations. “I think the mayor and his team, they all need to step back, take a deep breath and just be fully engaged in civic services. It’s possible we need a change at the top of some of these agencies.”

Mayor Vincent C. Gray’s spokesman, Pedro Ribeiro, said Wednesday that the administration had no definitive reaction or plans to take action as a result of the arbitrator’s findings.

“It’s really a personnel matter with the FEMS,” he said. “It’s something the chief needs to address.” 

Read the entire article from The Washington Times 

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Arbitrator rules DC fire union prez unlawfully transferred by chief. Capt. Ed Smith says Kenneth Ellerbe ‘is about retaliation’.

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Two battalion chiefs go public with claims of retaliation & intimidation by Chief Ellerbe

IAFF Local 36 press release

Read the decision from arbitrator Leonard Wagman

Capt. Ed Smith, president of IAFF Local 36, told reporters Andrea Noble and Matthew Cella of The Washington Times, “It’s not about me, it’s about the union as an organization and our protective  rights.” The comment came following a recent arbitrator’s ruling that Capt. Smith was unlawfully retaliated against by DC Fire & EMS Department Chief Kenneth Ellerbe when Smith was suddenly transferred from Rescue Squad 1 to Engine 7 in July 2011.

Last Friday FireLawBlog.com’s Curt Varone first published the 29-page report from the arbitrator. Now the reporters have interiewed the union president and attempted unsuccessfully to get comments from Chief Ellerbe.

Arbitrator Leonard Wagman with the Federal Mediation and Conciliation Service wrote the report. Here are some excerpts based on Wagman’s findings following the testimony from Smith, Ellerbe and others:

I find that Chief Ellerbe’s and the Department’s responses to Captain Smith’s request for an explanation were evasive, amounting to a statement that “we did it because we can.”

I find that the real reason was to retaliate against Captain Smith for engaging in union activity as president of Local  36, the exclusive collective-bargaining representative of the Department’s  employees.

In his efforts to come up with a lawful explanation for his decision to transfer Captain Smith, Chief Ellerbe hastened to Smith’s firehouse on Sunday, July 3, in the midst of the Independence Day weekend, to search for some flaw in  the Captain’s performance of duty

In its effort to escape a finding that its decision to transfer Captain Smith was motivated by his protected union activity the Department has gone from evasion to shifting reasons for its conduct.

The article brings up other instances where DC Fire & EMS Department officers have claimed retaliation by the chief. These include the cases of Lt. Robert Alvarado, Battalion Chief Richard Sterne and Battalion Chief Kevin Sloan. More from The Washington Times:

While the ruling in Capt. Smith’s case  illustrates the most clear-cut charge of retaliation by the fire chief that has  been upheld, other firefighters have made similar complaints about retaliatory  behavior.

The arbitrator’s ruling in Capt. Smith  lends more credibility to the other complaints, Capt. Smith said.

“It’s solidified all these complaints on the chief,” he said. “They have been  upheld by a third-party arbitrator. He is about retaliation.”

Read entire article from The Washington Times

DC fire chief’s official photo vandalized in one firehouse. Investigation started & then stopped.

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WRC-TV/NBC4 reporter Tom Sherwood says a destruction of property investigation was started after it was discovered that someone drew a mustache on the official photograph of DC Fire & EMS Department Chief Kenneth Ellerbe at the quarters of Engine 10, Truck 13. The picture was left hanging upside down in the firehouse.:

A deputy chief and a lieutenant dressed down the company, demanding respect for the chief and threatening criminal charges.

“You don’t want to be in here in this agency or under the direction of the fire chief, there’s nothing holding you back,” an official can be heard saying on a recording obtained by News4. “But as long as he’s the fire chief, we all have to respect him.”

I heard about it, but it’s probably just something that’s blown out of proportion,” Ellerbe said. “I talked to our internal affairs, told them don’t even worry about it.”

“I guess whether they like me or not I’ll be the chief, but I can’t worry about that stuff,” he added. “We have a lot of serious stuff to take care of, to think about, and putting mustaches on pictures is not one of those high priority items.”

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TV news report says DC ambulance crew drove past house to nearby fire station to get crew there to take call. Report of 15 minute delay.

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WTTG-TV/MyFoxDC.com:

Could an ambulance switch have kept an elderly woman with a head injury from getting to the hospital in the quickest way possible?

That is what D.C. Fire and EMS officials are investigating after learning that two ambulance crews may have actually discussed the transport amongst themselves while a 93-year-old woman who was injured in a fall waited for help.

“We dispatch our closest unit to the emergency,” says Assistant Chief For Operations Timothy Gerhart.

But instead of driving directly to the woman’s home, sources tell FOX 5 Ambulance 6 drove past her house to Ambulance 29′s station and insisted they transport her instead.

“Ambulance 6 was dispatched, and currently we’re looking into why Ambulance 29 was consequently dispatched to the emergency,” Gerhart says.

For ambulances to switch assignments like that, EMS officials say the Office of Unified Communications would need to be notified, as well as records updated, among other things. All of that adds to the response time.

Sources say switching out those two ambulances caused a 15 minute delay in getting this 93-year-old woman with a head injury to the hospital. Fortunately, she survived and is now recovering at home after a five-day hospital stay.

New York Times Editor David Rosenbaum wasn’t so lucky. He was injured in a robbery, but the EMS crew misdiagnosed him, and transported him to the hospital as a low priority patient. He died two days later.

D.C. Fire and EMS has been under fire ever since to revamp its system so that seriously injured people get to the hospital in less than seven minutes.

“We expect our emergency vehicles to get on the scene as quickly as possible when they’re dispatched to a response, and that’s why we’re investigating it very actively and we will take appropriate action,” Gerhart says.

Gerhart says GPS tracking data from the ambulances is key, but he says it’s too soon to say if any discrepancies were uncovered.

It is also too early to say if the delayed response has hampered the 93-year-old woman’s recovery.

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DC Fire & EMS Department report on vacant house fire that injured five firefighters. Read entire report.

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Click here to download the entire report

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Click here for fireground audio from this fire

Click here for previous coverage of story

Last week the DC Fire & EMS Department released its internal report into the April 8, 2011 fire at 811 48th Place, NE that injured five firefighters. Earlier this week we pointed you to a Washington Times article about the fire. Now the entire report is available for downloading (note that it is a fairly large file).

This is the fire that critically burned Firefighter Chuck Ryan who was with Rescue Squad 3. Firefighter Ryan is now back on the job in DC.

You may note another familiar name in the previous coverage of this fire. Robert Alvarado was a lieutenant at the time he was burned. Alvarado has since been demoted to sergeant following his public challenge of Chief Kenneth Ellerbe’s uniform policy (click here).

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Water-Gate II, The Sequel: DC firefighters fill another private swimming pool after chief tells CNN it wouldn’t happen again.

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DC Breaking Local News Weather Sports FOX 5 WTTG

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Read about Water-Gate I here, here & here.

As we reported on Thursday, DC Fire & EMS Department Chief Kenneth Ellerbe told CNN that the city’s firefighters would not be filling any more swimming pools after an almost week-long controversy erupted over a busy engine company being taken out of service for such a detail on an extremely busy day. But apparently someone in the department doesn’t watch CNN, local TV news, or read The Washington Times and STATter911.com.

Just two days after Chief Ellerbe clearly stated his position, and exactly one week after the incident I dubbed “Water-Gate” occurred, another busy engine company went out of service to fill a pool.

Paul Wagner at Fox5/WTTG-TV broke the story of “Water-Gate II, The Sequel”:

One week after the D.C. fire department was criticized for filling a private pool in the hours after a devastating storm, it has happened again. Firefighters filled a large inflatable pool on Saturday for a Columbia Heights block party using water from a nearby hydrant.

The pool was filled after residents hosting the block party walked into the station house Saturday morning and asked for help. They told the official on duty it would take hours if they just used hoses from their homes. By 11 a.m., the pool was filled and now the fire chief wants to know why.

A photograph, obtained by FOX 5, shows firefighters from Engine 11 running a hose down the 1300 block of Newton Street to fill the pool in the middle of the block.

A second photo from the fire department’s computer-aided dispatch shows Engine 11 out of service at 10:15 a.m.

“The chief involved determined that it wasn’t a private pool and how he came to that conclusion is beyond me,” said Fire Chief Kenneth Ellerbe. “It’s not a municipal pool so it must be a private pool, and when he gets to work, we will have a conversation with him at least.”

Engine 11 is stationed at the fire house at 14th and Newton Street in Northwest D.C., just steps from where the block party was being held.

Neighbors said the fire department had performed the service before and they didn’t see a problem with it.

“I don’t see any reason why they can’t,” said neighbor Michael Norman. “They went right off the fire hydrant and within 15 or 20 minutes, the pool was full.”

But a week ago Saturday, firefighters from Engine 30 filled a private pool as other units responded to a heavy volume of storm-related calls.

Chief Ellerbe said it wouldn’t happen again.

“I think that our citizens look at it as an expedient way to get a pool filled because of the gallons per minute that we can discharge,” said the Chief. “But they have to understand that it’s not our purpose, so we will have a conversation with the chief. We’re looking at it right now.”

But the residents on Newton Street defended their request, seeing nothing wrong with getting a little help.

“I don’t see a problem with it personally, but I just think that we’ve been doing this, a little tradition for the past seven years, and if they can help out, I think it’s fine,” said a man identified only as Butch.

“They didn’t even [get] here for 15, 20 minutes,” said Norman. “And as fast as they can wind the hose back up, if they got a call, they could have left.”

But as the firefighters union pointed out, water costs money and firefighters are paid to save lives and property, not carry out favors by filling private pools.

Chief Ellerbe says the filling of the private pool after the storm is still under investigation, but says it was not done as a favor to anyone with connections within the fire department.

In fact, the chief says, the request was initially turned down at the highest levels, but never communicated to the officials in charge of Engine 30.

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Watergate update: DC Chief Kenneth Ellerbe launches investigation. Says he didn’t approve pool filling but wants to find out who did.

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In the story above from ABC7/WJLA-TV Chief Kenneth Ellerbe says “If we they missed a bunch of calls while they were doing it then it was an outrageously bad decision”.

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Previous coverage of this story

The story I’ve dubbed “watergate” is making the news for the second night in a row in the Nation’s Capital. In fact, it is one of three different stories about the actions of the administration of the DC Fire & EMS Department that local reporters worked on today. Click here to check out our other post this evening. It covers the demotion of a lieutenant for not telling a TV crew to stop shooting video of a patient on a public street and for failing to wear a compliant jacket, along with the ACLU’s letter about recent disciplinary action against two battalion chiefs.

In two TV news reports this evening about “watergate” Chief Ellerbe says an investigation is being launched. In a third the chief told a reporter he would neither confirm nor deny the incident took place (and you wonder why I call it “watergate”).

UPDATE:

Andrea Noble, who broke the story for The Washington Times, talked to Mayor Vincent Gray on Tuesday who said he would “look into the allegations”. She also found a paper trail:

“It doesn’t sound like it would be appropriate, no matter how many calls we had,” he (Mayor Gray) said.

An internal department document obtained by The Washington Times shows that an official request to “fill water pool” was sent through the department Thursday, the day before the massive stormed knocked out power in large swaths of the region.

At the bottom of the “Special Events Notice,” the name “W. Wright” appears as the person who sent the request through the department. When reached at the phone number listed on the document, William Wright, who works for the fire department and is listed in D.C. personnel records as a customer service specialist, declined to comment.

Paul Wagner, WTTG-TV:

Less than 24 hours after the storm roared through the city  leaving ten of thousands without power, someone at the highest level of the fire  department ordered Engine 30 out of service and told the sergeant in command to  go to a home on 55th Street and fill its above-ground pool.

A man who lives across the alley from the yard with the  pool says he watched from his porch as the firefighters pulled out the hose and  filled the pool.

“I thought it was mighty strange but I have never seen  that done before, you know, that a fire truck would come and fill you tank up  for you,” says David Edwards.
DC Breaking Local News Weather Sports FOX 5 WTTG

A person who answered the phone at the home declined to  comment and hung up.

The water is free to the fire department if it’s drawn  from a hydrant, but homeowners have to pay for it.

Another neighbor told us she would never ask the city to  fill up her pool even if she had one.

The “watergate” pool from WRC-TV.

“We have ports on the side of our homes where we can  attach a water hose to it and fill it up ourselves,” says Vonnie Brawner. “But  no, I wouldn’t, and I think the fire department should put the priorities in  order.”

Ed Smith, President of the D.C. Firefighters Union, says  he is astounded anyone would have ordered a private pool to be filled unless  there was an actual emergency.

When asked if it was improper, Smith responded, “Yeah, I  would say so. It’s highly unusual on a normal day, much less given a state of  emergency as in Saturday, one day after the storm.”

Smith says he would like to know who ordered the pool to  be filled and why.

“We as firefighters believe in being out in the community  and participating as much as possible,” he says. “We cannot lose sight of our  core mission, and our core mission is to respond to emergencies, whether it’s  medical, fire, terrorism. We need to be in service for our core mission as much  as possible.”

Smith estimates the engine was out of service for at least  a half an hour filling the pool and then heading to a hydrant for a refill of  its own.

A spokesperson for DC Water estimates it costs about $10  to fill up a pool of that size.

We asked D.C. Fire and EMS Chief Kenneth Ellerbe for a  comment, but he would neither confirm nor deny that this took place. He did  issue a statement that doesn’t address the filling of the pool.

In that statement, Chief Ellerbe says regarding inquiries  on our storm-related activities during this past weekend:

“We feel that the real  storm-related story is the fact that Fire and EMS responded to more than 1,550  calls during and after Friday’s storm.  The department was staffed at 100% and  our firefighters worked tirelessly through adverse weather and heat  conditions.”

Stephen Tcshida, ABC7/WJLA-TV:

D.C. Fire Chief Kenneth Ellerbee says he is launching an investigation to find out who approved the request.

Ellerbee added, “I don’t know why they did it. I don’t think I would have done it. I know I would not have done it, but it may have been to help a citizen who was hot.”

But, union leaders say they have a pretty good idea who gave the pool priority.

Ed Smith, the president of Local 36, said, “It had to come down from headquarters.”

Tom Sherwood, WRC-TV:

Who did it, why and who ordered it? In tax records, the owner of the townhouse at 324 55th St. NE is identified as Annie Marby, but no one at the home would talk to News4 Tuesday.

“Well, first I would think that the fire union would be talking about the great work that their members did over the weekend responding to the storm,” he said. “We don’t open hydrants ordinarily for anything other than firefighting operations or training, so we’ve got to look at what happened, investigate it.”

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UPDATE: Lieutenant who said DC chief showed ‘lack of leadership’ demoted & suspended. Department says Robert Alvarado violated ‘Patient Care Bill of Rights’ during TV interview & also failed to wear compliant coat.

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DC Breaking Local News Weather Sports FOX 5 WTTG

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Previous story: Lt. Alvarado sent home after wearing banned patch at training academy

Previous story: Lt. Alvarado questions Chief Ellerbe’s leadership over logo issue

Previous story: Lt. Alvarado asks Chief Ellerbe to deal fairly with firefighters

UPDATE: The ACLU made comments about the case of Lt. Alvarado & sent a letter to DC’s Attorney General about the recent demotion and transfer of two battalion chiefs who handled discipline in the firehouse beer incident last year. Read the latest from Andrea Noble at The Washington Times.

NOTE: There also news on another DC Fire & EMS Department story. The latest on”watergate” later this evening.

The U.S. Department of Justice issued a letter in May to law enforcement about interfering with the rights of the press and the public to take pictures and video in public places. A federal appeals court issued a ruling almost a year ago that also makes it pretty clear government officials shouldn’t mess with photographers in places where there isn’t an expectation of privacy. But a DC Fire & EMS Department lieutenant who went public with his complaint about Chief Kenneth Ellerbe’s multiple changes in uniform policy has been suspended and demoted for, among other things, failing to tell a TV crew to stop rolling its cameras during a medical emergency on a public street. Robert Alvarado told a reporter today that he has been found guilty of violating the “Patient Care Bill of Rights”.

If the DC Fire & EMS Department actually expects its firefighters to start asking or telling the press and the public to stop shooting pictures then Chief Ellerbe must want to be in the running for the Minister … or rather Secretary of Information job (AKA National Editor-in-Chief) I nominated Larimer County, Colorado Sheriff Justin Smith for. As you know, I threw my support behind Sheriff Smith for this post when he asked news crews to stop shooting burning homes and then put restrictions on the press in covering the tragic wildfires. But I have to tell you those pesky lawyers like Curt Varone at FireLawBlog.com keep writing that the First Amendment doesn’t mean it’s up to the government to decide “first” what we can and can’t take pictures of. Really? And who knew that HIPAA or the Patient Care Bill of Rights doesn’t trump THE Bill of Rights? How come I didn’t get that memo?

And now Art Spitzer, the legal director for  the ACLU of the Nation’s Capital, is getting in on the act claiming the fire department can’t tell people to turn off their cameras and can’t keep employees from talking to the press. What? Here’s more from the article by Andrea Noble at The Washington Times:

As the interview was taking  place on a public sidewalk in front of the fire station, Mr. Spitzer wrote that, “Neither Lt. Alvarado nor anyone else — including Fire Chief  Ellerbe, had he been present — had any power to tell Fox News to turn  off its cameras.”

Among  the other charges brought against Lt. Alvarado, but not ruled on, was a  charge based on a department order that had been ruled unconstitutional  in a 1990 court case.

The order declared that department  employees could not give interviews while on duty without prior written  permission from a public affairs officer. In a 1990 lawsuit brought by  the firefighters union, the U.S. District Court for the District “found  that regulation to be an unconstitutional prior restraint on  firefighters’ freedom of speech and prohibited the Department ‘from  enforcing [the] regulation in the future,’” Mr. Spitzer wrote.

Robert Alvarado says he was informed that he should have stopped the camera from rolling and then dealt with the patient.

As for Alvarado, he told Fox 5/WTTG-TV reporter Paul Wagner he was also punished for wearing a jacket with the wrong insignia on a cold day at the department’s training academy. Alvarado say he gets six and half weeks off without pay and is demoted to sergeant for both the patient confidentiality and uniform infractions.

You may recall when the whole uniform flap appeared, Alvarado challenged the chief to supply compliant outwear after the many changes in the uniform policy due to Chief Ellerbe’s decision to revert to an older department patch. Alvarado told Wagner that he believes the discipline is retaliation for his previous statements to the reporter about the chief. Here’s an excerpt from a January 21 report:

“I know it looks like a Home Shopping Network display here, but this is what we have gone through,” said Lieutenant Robert Alvarado with Truck 13, showing FOX 5 on a table all of the winter weather gear he has purchased that is now no longer compliant with the uniform policy. “We started out at the end of the year with this t-shirt here and this sweatshirt here and both were an acceptable uniform item. As of January 1st, these items are done, can’t wear them. This jacket as well because it has DCFD on the back, and this is a winter jacket purchased with my own money which makes me clearly identifiable as a member of the department. That’s no longer good.”

According to reporter Wagner, Chief Ellerbe declined to comment for today’s story because Alvarado has the right to appeal.

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Busy DC fire engine placed out of service to fill pool. Order came as firefighters scrambled to handle major storm workload.

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 Engine 30′s quarters from Google Maps.

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(Note: I inadvertently failed to add a link to Andrea Noble’s article and the picture of the pool (here it is). For those who asked this is an above-ground, private pool. My apologies.)

Engine 30 is one of the busiest companies in the nation and the Nation’s Capital. Saturday was likely the busiest day of 2012 as the city and the region coped with the aftermath of the deadly storm late Friday night that knocked out power to hundreds of thousands of homes and created a lot of extra work for those in public safety. The DC Fire & EMS Department reported on its Twitter feed that it handled more than 1500 emergency calls in a 24 hour period on Saturday.

Andrea Noble at The Washington Times reports some of that extra work on Saturday wasn’t created by the storm, but was man-made. According to Noble, it was an order to put the crew from Engine 30 out of service for an hour and sent them to the 300 block of 55th Street, NE to fill a swimming pool. (We know how reporters like to use the suffix “gate” in naming government scandals in honor of the ultimate one 40-years-ago that brought down a president. Shouldn’t this one also be called “watergate”?)

Here are some excerpts from Noble’s article:

“It’s a highly unusual request even on a normal day,” said D.C. Firefighters Association President Ed Smith, who confirmed the pool-filling.

Lon Walls, a fire department spokesman, did not respond to requests for comment left at his office, on his cellphone or an emailed request asking about Saturday’s incident in particular and the department’s policy on filling swimming pools in general.

Mr. Smith also confirmed the engine was placed out of service while it completed the task – an action that requires authorization and would likely indicate the crew did not embark on the assignment on its own.

“For the company to go out of service requires a high level of approval,” he said.

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Early video: Two-alarm fire destroys large home in Northwest Washington, DC.

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The video above is a combination of a short clip taken shortly after the arrival of firefighters at 4869 Glenbrook Rd, NW this morning and later video from DC Fire & EMS Department videographer Vito Maggiolo. The fire was in a home of more than 7000 sqaure feet that last sold for more than $4 million.

The home is located a few streets away from a mansion owned by former school board president Peggy Cooper Cafritz that was destroyed in July 2009. The 2009 fire was plagued by serious water supply problems that brought a great deal of scrutiny to the fire department and WASA, DC’s water and sewer authority (read more about the 2009 fire here). There is no word of any water issues this morning.

Here’s what Vito wrote about the fire for DCFD.com:

Units were dispatched to 4869 Glenbrook Road shortly before 5:30AM, and arrived to find a very large, 2 1/2 story detached home with flames raging through the second floor, attic and through the roof.

A second alarm was requested almost immediately, and the fire was so well advanced that an interior attack was not feasible.

Firefighters worked to establish a sufficient water supply for a master stream assault, and the blaze was eventually fought from the outside with three ladder pipes, Tower 3, and large handlines. 

Google Maps Street View of 4869 Glenbrook Road. According to zillow.com, the home sold for $4 million in March of 2011. It was more than 7000 sqare feet and had four bedrooms and six baths.

WUSA9.com:

A two-alarm fire in Northwest DC produced a column of smoke that could be seen from Crystal City early Friday morning.

Lon Walls, spokesman for DC Fire and EMS, says the blaze broke out in a house located at 4867 Glenbrook Road around 5:37 a.m. Firefighters arriving on scene found a fully-involved house fire with flames on both floors of the two-story home. A second alarm was called.

Right now there are no reports of injuries. It is unclear whether or not the home is occupied. 

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Union says DC Fire is rotating closures to save money. Department spokesman says it’s not true.

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“There are no rolling brownouts–or station shutdowns. Units are off the street  for various reasons like maintenance and vacation coverage. The public needs to  know the city has full and complete coverage.” Those are the words of Lon Walls, Director of Communications for the DC Fire & EMS Department as he told Fox 5/WTTG-TV the department was not using the rotating closures of fire companies to save money.

This conflicts with the press release issued Saturday by President Ed Smith, IAFF Local 36:

The DC Fire Fighters want to make the public aware that Engine 28 at 1763 Lanier Pl NW (serving the U St. Corridor, Adams Morgan, Kalorama, & Cleveland Park neighborhoods) and Truck 14 at 4930 Connecticut Ave. NW (serving the Cleveland Park, Woodley Park, Glover Park, & Cathedral Heights neighborhoods) are closed today to “save on overtime”. Yesterday, June 22nd, 2012, it was Truck 8 quartered at 101 Atlantic St. SE (serving the Congress Heights, Washington Highlands, and Bellevue neighborhoods).

This concept has been tried over the years with disastrous results. Whether it’s labelled “Firehouse Roulette” or “Brown Outs”, the end result is the same – people get hurt. It isn’t  a matter of “if” – it’s a matter of “when”…

The department has started this practice this week, on the heels of a major storm passing through the area last night, taxing the Fire Department’s resources.

I want to be clear we do not condone this practice and believe it to be unnecessarily, and highly dangerous.

The question has to be asked -  is someone’s life worth a few thousand dollars of overtime?

As the press release points out, The Nation’s Capital used rotating closures in the past as a way to save money. Going back to the 1970s this practice was dubbed “firehouse roulette” by Local 36.  Each attempt was halted after significant coverage in the local media about tragic fires that occurred near closed companies.  Below, are two stories I did in 1994 that will provide a little history.

More from Fox 5/WTTG-TV

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More from DC: Chief Kenneth Ellerbe denies charges of intimidation & retaliation. Demoted & transferred battalion chiefs tell TV reporter otherwise.

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Chief Ellerbe responds to Curt Varone’s column at FireLawBlog.com

Read more about transfer of Battalion Chief Kevin Sloan

Read more about demotion of Battalion Chief Richard Sterne here & here

Previous coverage of Chief Ellerbe

Previous coverage of beer incident

Gary Nurenberg, WUSA9.com:

The two most senior battalion chiefs in the D.C. fire department say they have been the objects of retaliation and retribution because they decided personnel cases contrary to the wishes of D.C. Fire EMS Chief Kenneth Ellerbe.

The dispute began last summer when a grateful D.C. resident appeared at a U Street fire station with two 12-packs of beer he had purchased as a way to offer his thanks to firefighters for extinguishing a fire at his home.

Told by firefighters that they could not accept the gift, the resident put the beer on the floor of the firehouse, and left.

When the beer was discovered by department leaders, three firefighters were charged with violating department rules, and faced the possibility of suspension.

Richard Sterne presided over two of the cases.

“I considered all the facts. I listened to what they had to say and I made a decision. Apparently the fire chief or somebody didn’t like my decision,” Sterne told 9News Now.

Instead of suspending the firefighters, Sterne chose to give them letters of reprimand. His superiors believe department rules demanded harsher punishment.

He was demoted in rank to captain. At the time he was the senior battalion chief in the department.

” Your failure to hold the members accountable for their receipt of the beer in violation of the Rules of Conduct brings into question your ability to exercise proper judgment in the performance of your assigned duties and responsibilities,” Ellerbe wrote to Sterne in his letter of demotion.

“I think the message is intimidation. I think the message isn’t to me necessarily, it’s to all the other chiefs and officers who have to make independent decisions that you better make a decision that you think is what the fire chief wants,” Sterne said.

“It definitely gives the appearance that our members can’t get a fair hearing,” said Ed Smith, President D.C. Firefighters Association, Local 36.

Battalion Chief Kevin Sloan, the second longest-serving battalion chief in the department, presided over a third case and also did not impose harsh punishment. He was transferred.

“I’m an expert in incident command, rail emergencies, hazardous materials responses,” he said.

“And what are you doing now?” asked 9News Now.

“I’m the battalion chief in charge of toilet paper,” he said.

Ellerbe denies charges of intimidation and retaliation.

“Nobody angered me. We want our employees to do what’s right. There’s no reason for anybody to be afraid of making the right decision,” he told 9News Now.

Ellerbe said he could not specifically respond to Sterne’s complaints.

“Sterne’s complaints are being heard by the Office of Employee Appeals, and that’s where we’ll have to let that case work it’s way out,” he said.

“Regarding Chief Sloan, he was not demoted. His transfer was contemplated weeks before it was effected, and weeks before he made any disciplinary decision.

“I was unaware of the decision he made when his transfer was effected, so it was not a matter of retaliation or anything like that.

“We want to give some of our employees the opportunity to work in different areas, and he had been in operations for many years, and we just changed him into an administrative position when an employee who was in that administrative position was out in operations,” Ellerbe said of Sloan’s transfer.

“The culture now is a culture of fear. It’s a culture of intimidation. It’s a culture of zero morale, which you do not want on a public safety force,” Sloan maintained.

“The battalion chiefs are not going to be able to give them (accused firefighters) a fair trial because they are afraid of retaliation and retribution,” Sloan said.

“There is no fear and hopefully there is definitely not any intimidation,” Ellerbe said.

Both Sloan and Sterne are pursuing legal remedies.

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DC police official sent email about ‘file burn’ day before records found on fire at fire department training academy. Fire & police unions trying to shed light on what’s behind document disposal.

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Read letter from Fraternal Order of Police Chairman Kristopher Baumann and D.C. Firefighters Association President Edward Smith to the Office of the Inspector General

Previous coverage of this story

There are many unanswered questions about documents found burning at the DC Fire & EMS Department training academy last Friday. It is truly one of the more unique and bizarre incidents involving public safety in the Nation’s Capital that I have seen.

In the latest news coverage, an email sent a week ago this morning from a Metropolitan Police Department training official mentions a file burn for the next day. The head of the police union believes the documents are related to its attempt through the courts to get police department recruiting records. But, so far, that doesn’t explain why fire department records were part of the burn and what role fire officials may have played in this unusual disposal of documents.

Besides the big picture of trying to figure out a motive for destroying the documents, you can’t help but wonder about the legality of conducting such a burn, whether its city documents or yesterday’s newspapers.

Alan Suderman, Washington City Paper Loose Lips columnist:

A deputy director of the department’s recruitment bureau wrote to his staff on May 17 that there was to be a “file burn” the next day and the staff should get the items ready that they wanted destroyed. (See the email below.)

The next day, a fire engine company was called to the training academy to put out three burning dumpsters and an abandoned car that had been set on fire. The firefighters noticed what looked like personnel records of firefighters and police officers in the blazing rubble. Police and fire union officials asked the city’s Office of Inspector General yesterday to investigate.

Police email via Washington City Paper.

Andrea Noble, The Washington Times:

In an email Wednesday, Fraternal Order of Police Chairman Kristopher Baumann alleged that the file burning was an attempt by the department to avoid providing responses to a Freedom of Information Act request. The order filed a lawsuit against the police department May 14 seeking the release of information about recruiting matters.

“We are looking into whether any records retention protocols have been violated,” department spokeswoman Gwendolyn Crump said.

Fire department spokesman Lon Walls on Wednesday said, “The whole matter is under investigation,” and declined to comment further.

In March, Chief Burke was one of those chastised by a D.C. Superior Court judge for making “transparently false” statements in an effort to prevent the release of police documents and policies.

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