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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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Posted by on July 3, 2012 • Filed under: Administration & Leadership, Cameras & firefighters, EMS & police, Chief Kenneth Ellerbe, Command & Leadership, DC Fire & EMS Department, EMS Topics, fire, Fire Rescue Topics, News, Social Media, Reputation Management, News Media, Videos • Tagged: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

UPDATED: Lt. Robert Alvarado sent home for wearing DCFD coat at training academy. Says department should provide outwear with mandated logo. Calls chief ‘hostile’.

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

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

Other recent DCFD coverage

Commentary from The Secret List on latest DCFD logo issue & proposed demotion of battalion chief over beer in firehouse disciplinary process

UPDATED – Fox5/WTTG TV's interview is below. In addition, reporter Laura Evans has this from both Lt. Robert Alverado and Chief Kenneth Ellerbe:

He believes in this case that he is being singled out. And he says it goes beyond just this, to a bigger issue of a pattern of intimidation and threats from the top down.

“I want to be able to come to work and not have to be afraid of more than dying on the job,” said Alvarado. “To have extra stress added on to an already stressful job by a hostile fire chief.”

When asked for D.C. Fire and EMS to respond to this matter, Chief Ellerbe sent us the following statement:

"This is a personnel matter. The department does not make public comments regarding personnel matters."

From ABC7/WJLA-TV:

A D.C. Fire Lieutenant with a clean record was placed on administrative leave after wearing an overcoat bearing the old department logo.

Lieutenant Robert Alvarado says all he was trying to do Tuesday morning was stay warm.

"It was either take this off and be cold or go home," Alvarado said. "I was sent home."

Alverado was at the Fire Training Academy with three of his men and Truck 13. They were outside practicing for an upcoming certification test but the training ended abruptly when Alvarado claims a deputy chief told him to remove his overcoat because it had the department's previous logo on it.

Last March Chief Kenneth Ellerbe changed the department's logo to include the words Fire and EMS and ordered personnel to only wear gear with the new logo.

Alvarado said he doesn't have another department overcoat.

"I've got a clean disciplinary record," he said. "Been on for 12 years. I'm not a trouble maker."

A Fire Department spokesperson said that D.C. Fire and EMS rules state anyone who doesn't wear clothing with the new logo on the job will be disciplined.

"The members need to be provided the jackets that the department wants them to wear," Alvarado said.

He said neither he nor any of his fellow firefighters have been given new department issued sweatshirts or overcoats. Tuesday morning, it was 29 degrees at the Academy.

"I could wear that which is covered in carcinogens and toxins but I would prefer to only wear that on a fire scene."

Alvarado says he could ultimately be suspended for what he did. A D.C. Fire and EMS spokesperson would not comment on Alvarado's case, but did say the department was in the process of buying new gear for all personnel with the proper logos on them.

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Posted by on February 21, 2012 • Filed under: Administration & Leadership, Chief Kenneth Ellerbe, Command & Leadership, DC Fire & EMS Department, EMS Topics, fire, Fire Rescue Topics, Firefighter Safety & Health, Firefighting Operations, News, Social Media, Reputation Management, News Media, Videos • Tagged: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

DC Chief Kenneth Ellerbe comments on suspension of spokesman Lon Walls over racism allegations. More discussion of order telling firefighters to behave at mayor’s speech.

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Listen to entire interview with Chief Ellerbe and IAFF Local 36 president Ed Smith

Walls suspension & Alan Suderman's profile of Chief Ellerbe's battles with Local 36

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DC Fire & EMS Chief Kenneth Ellerbe and IAFF Local 36 president Ed Smith were both interviewed on The Politics Hour on WAMU-FM yesterday by show host Kojo Nnamdi and Washington City Paper's Loose Lips columnist Alan Suderman. Among the items discussed were the allegations by department spokesman Lon Walls that a January 24 protest by firefighters was a racist act. Walls has been suspended with pay for five days.

Michael Debonis at The Washington Post wrote about Chief Ellerbe's appearance:

“I think we have to be very careful when it comes to the issue of race, and that’s why Lon was placed on administrative leave, just to give us all time to breathe a minute,” Ellerbe said. “We never want to interject race in an area or an environment where you already have some perceived challenged or even hostilities. That just exacerbated the problem.”

Walls, he continued, “was speaking on his own personal account, but still he is a government official at this point. … We have to have a higher standard for the way we respond personally and professionally.”

In addition, there was more discussion by Ellerbe and Smith over the directive that came out a week ago warning firefighters to behave at Mayor Vincent Gray's State of the District address with the chief continuing to say this was a problem caused by a lieutenant alligned with the union.

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Posted by on February 11, 2012 • Filed under: Administration & Leadership, Chief Kenneth Ellerbe, Command & Leadership, DC Fire & EMS Department, EMS Topics, fire, Fire Rescue Topics, News, Social Media, Reputation Management, News Media, Videos • Tagged: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

DC Fire spokesman Lon Walls suspended after Tweets that DCFD protests were ‘racist act’. Mayor distances himself from comments. City Paper profiles Chief Kenneth Ellerbe’s battles with IAFF Local 36.

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Previous coverage

DC Fire & EMS Department spokesman Lon Walls has been placed on administrative leave by Chief Kenneth Ellerbe following Walls' characterization of a January 24 protest by firefighters as "a racist act". The comments from Walls came on his personal Twitter feed and Facebook page and were taken down on Monday after he was questioned about the postings by Washington Times reporter Andrea Noble. Andrea Noble also has details of Walls' suspension:

D.C. Fire Chief Kenneth Ellerbe suspended department spokesman Lon Walls with pay in order allow tensions within the department to “cool off,” said Pedro Ribeiro, a spokesman for D.C. Mayor Vincent C. Gray.

“Things were getting heated; things were getting personal,” Mr. Ribeiro said, adding the suspension likely would last “a couple days.”

Mr. Gray said Wednesday he did not support the characterization made by Mr. Walls.

“I didn’t write it. I wouldn’t have said it,” Mr. Gray said. “I don’t think it’s helpful.”

Noble is also reporting that Paul Quander, deputy mayor for public safety and justice, is backing the statements from Walls that a directive issued Saturday warning firefighters they would be punished if they acted up at Mayor Gray's State of the District address Tuesday night, did not come from management. IAFF Local 36 president Ed Smith and various news reports indicate the order was issued through the chain of command to firehouses and was entered into company journals throughout the city. Smith told Noble, "The guys didn't make that up".

In addition, Washington City Paper's Alan Suderman, who writes the column Loose Lips, has posted an article looking at the battle that has been brewing between Chief Ellerbe and Local 36. Suderman begins his article reporting that Tower 3, first due at The White House, with the assignment of positioning the bucket at the living quarters of the President, has been out of service because of mechanical problems 500 of the last 1000 days. In addition to looking at serious apparatus maintenance issues, Suderman gives an overview of the various skirmishes that have occurred since Chief Ellerbe took over the department 13 months ago.

The problems with the truck that’s supposed to save the president are small pieces of ammo in a growing war between Fire Chief Kenneth Ellerbe and the fire union, along with a vocal group of Ellerbe critics in the department. The battles run from the trivial, like what logo firefighters can wear on their clothing, to the more serious, like what’s the best schedule for working firefighters and who is responsible for equipment problems like those of Tower 3’s. Throw in accusations of racism, a touchy subject for a department with several past discrimination lawsuits, and you’ve got a recipe for a potentially explosive situation.

Suderman, who was unable to connect with Chief Ellerbe for an interview, highlights some of Chief Ellerbe's history with the department, including the arrangement that allowed Ellerbe to be the chief of a Florida fire department while still on the rolls at the DC Fire & EMS Department. 

The article closes with a quote from Phil Mendelson, who chairs the City Council committee overseeing the department:

He says the complaints he’s currently hearing from firefighters echo the same complaints he’s always heard, regardless of who is in charge.

“Every chief is the worst,” says Mendelson.

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Posted by on February 9, 2012 • Filed under: Administration & Leadership, Chief Kenneth Ellerbe, Command & Leadership, DC Fire & EMS Department, EMS Topics, fire, Fire Rescue Topics, News, Social Media, Reputation Management, News Media • Tagged: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

UPDATED: Scores of firefighters in DCFD garb show for mayor’s speech. No comment from Chief Ellerbe on spokesman Lon Walls’ claims that previous protest was ‘racist act’.

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Scores of off-duty DC firefighters wearing the workplace banned DCFD logo showed up at the Historic Sixth & I Synagogue in Northwest Washington for Mayor Vincent Gray's State of the District address. The firefighters are getting attention after they walked out in unison before the question and answer period following Chief Kenneth Ellerbe's speech on January 24 discussing the state of the DC Fire & EMS Department.

Photo above & below by Elliot J. Goodman

A verbal directive received in numerous firehouses on Saturday told firefighters to behave tonight or face punishment. Spokesman Lon Walls, who wrote that the January 24 walkout was a 'racist act' on his personal social media accounts, told The Washington Post's Mike Debonis yesterday that the order did not come from the chief:

Lon Walls, an FEMS spokesman, said “there was no directive” and explained a lieutenant who is also a union member “misconstrued” departmental discussions.

Andrea Noble at The Washington Times reports the Facebook post and Tweets by Lon Walls that brought up the issue of race in connection with the earlier protest were removed shortly after Noble questioned Walls about the comments Monday night. According to Noble, those in the chain of command above Walls, did not respond to questions about this issue:

Reached by phone Tuesday and asked whether he shared his spokesman’s view that the walkout was racist in nature, Chief Ellerbe said he could not talk because he was heading into a meeting. He would be available later but did not respond to subsequent calls.

A spokesman for Mayor Vincent C. Gray also did not respond to messages left Tuesday asking how the mayor regarded the protests and Mr. Walls‘ comments.

The Post's Nikita Stewart describes what happened at Mayor Gray's speech:

Gray did not acknowledge open contentiousness from firefighters who staged a mass walkout at Chief Kenneth B. Ellerbe’s “state of the department” speech last month to protest a proposal to change from 24-hour to 12-hour work shifts.

Dozens of firefighters packed the chambers Tuesday and did not applaud during Gray’s speech. 

The video above and story below by ABC7/WJLA-TV reporter Sam Ford were filed prior to the Mayor Vincent Gray's speech this evening:

D.C. Mayor Vincent Gray is set to deliver his yearly State of the District address–but he may have some unhappy guests at the speech.

As city staffers prepared for the mayor's State of the District address, questions lingered if D.C. firefighters would walk out on Gray as they did with Fire Chief Kenneth Ellerbe last month. In a tweet, Fire Dept. spokesman Lon Walls called it racism and disrespect.

Many are expected to show up for Gray's address.

On Tuesday, neither Ellerbe nor union president Ed Smith would comment on the tweet, but Smith said Fire Dept. brass have warned that any walkouts tonight will be punished.

"We've received numerous reports there have been various journal messages given in firehouses across the city," Smith said.

At issue is Ellerbe's proposal to shift D.C. firefighters from working one 24-hour day followed by three days off–as they have done for decades–to 12 hours on, 12 hours off.

"It's an EMS department with a few fires," said Kenny Lyons, D.C. ambulance union president.

Lyons said the vast majority of calls nowadays are ambulance calls and firefighters are running the vast majority of the ambulances and that a 24-hour shift endangers patient care."What's best for patient care should reign supreme here, not what's best for individuals or groups of individuals," Lyons said.

But the change to 12 hour shifts would force many firefighters to lose other jobs thy have or quit the department.

Emotions are high, but their union leader wants only professionalism Tuesday night in Washington.

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Posted by on February 7, 2012 • Filed under: Administration & Leadership, Chief Kenneth Ellerbe, Command & Leadership, DC Fire & EMS Department, EMS Topics, fire, Fire Rescue Topics, News, Videos • Tagged: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

DC Fire Spokesman Lon Walls calls firefighters’ protest of Chief Ellerbe a ‘racist act’. Posts thoughts on Facebook & Twitter.

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Last night's story on order over firefighters appearing at Mayor Vincent Gray's speech

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There is another aspect of the ongoing dispute between DC Fire & EMS Department Chief Kenneth Ellerbe and many of his firefighters. After firefighters wearing the banned for work DCFD logos walked out of Chief Ellerbe's speech on January 24, his spokesman, Lon Walls, wrote about it on Twitter and Facebook. What he wrote is the subject of an article today by Andrea Noble in The Washington Times:

Mr. Walls, in one of at least three separate comments on the subject posted on his personal Facebook and Twitter accounts, described the walkout as a “racist act.”

“Just witnessed a blatant display of racism and disrespect shown to an African American leader,” Mr. Walls wrote in a Twitter post on Jan. 24, shortly after Chief Ellerbe’s address concluded.

In a subsequent post, Mr. Walls referred Twitter followers to his Facebook page, where he linked to a news story about the walkout and wrote that “the response depicted in the news story was the most blatant, ignorant and racist public display of disrespect I have ever seen.”

The walkout consisted mostly but not exclusively of white firefighters.

Asked Monday to verify the authenticity of the accounts, Mr. Walls noted that the comments were made on his personal, rather than government-related, accounts.

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Posted by on February 7, 2012 • Filed under: Administration & Leadership, Chief Kenneth Ellerbe, Command & Leadership, DC Fire & EMS Department, fire, Fire Rescue Topics, IAFF, News • Tagged: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

UPDATE: DC firefighters receive official warning about protests at Mayor’s speech. Union president cites first amendment. Spokesman tells City Paper directive did not come from the chief, but tells Post it would be frowned upon.

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Previous coverage

Read entire letter from IAFF Local 36 President Ed Smith

More from Washington City Paper's Alan Suderman in Loose Lips blog

A new issue appears to be on the table in the ongoing problems between DC Fire & EMS Department Chief Kenneth Ellerbe and some of his firefighters. It revolves around a verbal order transmitted Saturday through the chain of command to DC firehouses. It addresses the possibility of protests at Mayor Vincent Gray's State of the District speech to be delivered tomorrow night at the Historic Sixth & I Synagogue in Northwest.

The warning of potential punishment comes following the walkout by firefighters at Chief Ellerbe's January 24 speech on the state of the department.

Here's the description of the latest issue from a letter posted today by IAFF Local 36 president Ed Smith:

Washington City Paper's Alan Suderman, who writes the column Loose Lips, say he has pictures from a half dozen log books from city firehouses documenting the verbal order that came via Deputy Chief Larry Jackson. But the word from the department spokesman denies the involvement of Chief Ellerbe:

Ellerbe spokesman Lon Walls says the whole episode is "much ado about nothing." Walls says that while Ellerbe expects his troops to behave professionally at the mayor's speech, he did not send out "any kind of directive like that."

"There's not been any message," says Walls.

The Washington Post's Mike Debonis has more from spokesman Walls in his District of Debonis blog:

Lon Walls, an FEMS spokesman, said “there was no directive” and explained a lieutenant who is also a union member “misconstrued” departmental discussions.

Walls said the department “respects their right to freedom of speech,” but declined to say that firefighters who wished to protest could do so without fear of discipline. “It would not be appreciated,” he said. “It would be frowned upon.”

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Posted by on February 6, 2012 • Filed under: Administration & Leadership, Chief Kenneth Ellerbe, Command & Leadership, DC Fire & EMS Department, EMS Topics, fire, Fire Rescue Topics, News • Tagged: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

UPDATE: Firefighters turn their DCFD emblazoned backs on Chief Kenneth Ellerbe. Reporter says more than 100 walk out of State of DC Fire & EMS address.

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Washington Times coverage

Additional pictures provided by Raising Ladders where you will find additional coverage

From Fox5/WTTG-TV reporter Paul Wagner:

More than a hundred D.C. Firefighters turned their backs on Fire Chief Kenneth Ellerbe Tuesday in an effort to send an unmistakable message. The Chief had just finished a "State of the Department" speech when the firefighters stood up and walked out the door. The Chief is attempting to install a very unpopular new schedule that has done little more than infuriate the rank and file.

Chief Ellerbe had just finished the first ever State Of The Department speech and had opened the floor to questions when one firefighter in the room shouted out a command.

"D.C.F.D., attention! About face. D.C.F.D. dismissed!!!

And with that the 100 or so firefighters in the room walked out.

As the Chief looked on, some who remained in the room shook their heads in disagreement.

But the message was clearly sent and Chief Ellerbe said he wasn't surprised.

"No I can't afford to get upset overstuff like that,” said Chief Kenneth Ellerbe. “We have a department to run and a department to manage, no it doesn't upset me, I almost want to say it was expected."

Chief Ellerbe continues to defend his plan to eliminate a very popular schedule he says will save the city tens of millions of dollars. It’s a schedule that has firefighters working 24 hours straight, followed by three days off.
Many firefighters say the plan will only disrupt their lives, force some to quit and will not deliver the results the Chief is claiming.

Lt. Robert Alvarado, who calls himself a de facto spokesman for hundreds of unhappy firefighters, says a shift change is uncalled for.

"If you look at any study and there have been several reports that have come out recently,” said Lieutenant Robert Alvarado, “Philadelphia has just done a study that is recommending changing their shift from this ten, 14 or 12 hour shifts to a 24 hour shift because it is more efficient."

Lt. Alvarado has been very outspoken in recent weeks against the Chief's policy's and is facing discipline for doing so. But he's backed by the union.

“The morale of the fire department as we see it at this day and time is probably one of the lowest it’s been in history," said Dabney Hudson with Firefighters Local 36.

Second Vice President Dabney Hudson says the proposed shift change is driving it.

"It’s multifaceted, it directly impacts everybody’s lives, its definitely going to impact the members who are no longer going to have a job, we believe it’s a threat to public safety," said Hudson.

Chief Ellerbe says he will attempt to install the change in collective bargaining with the union.

In recent weeks the Chief has said in the “Second half of a 24 hour shift mistakes can happen” and he wants to go to 12 hour shifts. He's told the Mayor and Council the department could save 36 million dollars annually under his plan.

But some firefighters view the Chief's plan as a de facto residency requirement since the current schedule allows members to live as far away as New Jersey and North Carolina.

Earlier coverage today:

 

Above is the official picture of this afternoon's State of the DC Fire & EMS Department speech delivered by Chief Kenneth Ellerbe. It comes from @DCFireEMS on Twitter.

Below are three Tweets from Fox5/WTTG-TV reports Paul Wagner (@Fox5sPaulWagner) who attended the event. Pictures on Twitter show the group of off-duty firefighters wearing DCFD garb that has been banned as on-duty outerwear.

More on this as it becomes available.

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Posted by on January 24, 2012 • Filed under: Administration & Leadership, Chief Kenneth Ellerbe, Command & Leadership, DC Fire & EMS Department, EMS Topics, fire, Fire Rescue Topics, News, Social Media, Reputation Management, News Media • Tagged: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,