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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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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.

‘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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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

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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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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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

Previous coverage

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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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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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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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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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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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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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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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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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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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More TV coverage of the uniform crisis in the Nation’s Capital. Some DC firefighters are braving the cold rather than putting city sanctioned patch on their own outerwear.

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Here is another DC TV news operation's look at the latest in the DCFD uniform controversy.

From ABC7/WJLA-TV''s Haley Harrison:

A new departmental uniform policy is keeping some D.C. firefighters from wearing sweaters or coats while they brave the elements.

The new policy concerns the logos and patches that can be worn by emergency responders.

Under the change, uniforms bearing "DCFD" must go and the old plain black of blue winter coats paid for by the firefighters are no longer allowed.

D.C. Fire and EMS views itself as a para-military organization and is striving to no longer be a homeland security risk by allowing firefighters to wear unmarked uniforms, a spokeswoman said.

This latest change to the department's uniform policy is the fifth in less than a year.

Firefighters say all the changes are affecting morale.

"Our stance is that if the department wants to keep continuing to make uniform changes, they should purchase the jackets and the tools we need to do our job," said Ed Smith, president of Local 36, a firefighters union.

The city pays for standard uniforms, but if emergency responders want sweaters, coats or hats, that comes out of pocket. Those items can cost as much as $750.

The firefighters are asking for taxpayers to foot the bill.

Northeast resident Monsoor Ali didn't mind.

"I don't think that the city can afford for their firefighters to become ill," Ali said. "And I don't think they can afford for their firefighters to walk off the job or become suspended."

Chief Kenneth Ellerbe was out of town and unable to respond to the story. Neither Ellerbe nor a department spokeswoman provided a written statement.

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A new uniform order from DC Chief Kenneth Ellerbe has Lt. Robert Alvarado again publicly calling him out. Says fifth change in a year is ‘unconscionable’ & shows ‘lack of leadership.’

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From Paul Wagner at Fox5 News/WTTG-TV (reprinted with permission):

D.C.'s firefighters are taking a stand against the chief, refusing to comply with another uniform change. It is the fifth in the last year.

It is a change they are all expected to pay for. The union sees it as retaliation while the chief says it is necessary for security.

11 days after FOX 5 first aired footage showing firefighters turning their jackets and sweatshirts inside-out to comply with the latest uniform change – here comes another.

It is a directive from the chief forbidding firefighters from wearing unmarked jackets, saying it is a risk to homeland security. It is an order that left many firefighters dumbfounded and furious.

"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.”

What is infuriating to Lt. Alvarado and others on the department is the fact these changes don't come cheap.

The fire department does not pay for winter outerwear and the only option for firefighters to remain compliant and not be disciplined is to buy additional outerwear with the proper identification or wear their turnout gear around the clock.

"I don't understand how in good conscience this man can put on the chief’s uniform and issue an order that sends his people into inclement weather with no protection. It’s unconscionable and it shows a lack of leadership," said Lt. Alvarado.

The lieutenant is speaking out on his own, risking discipline for what he has to say.

Union President Ed Smith says he is behind the lieutenant along with every other firefighter who has decided to take a stand.

“If they want to make uniform changes, they should purchase all articles, including the cold weather jacket,” said Union President Ed Smith. “Yeah, they're taking a stand on their own, most of them. They don't have to be told, but yeah, we are taking a stand, we want this stuff bought.”

But as you may imagine, Chief Kenneth Ellerbe sees things differently.

"What I did was I took away the ability to wear any personal equipment that doesn't readily identify employees as firefighters,” said Chief Ellerbe. “It seems there's been a movement to wear just plain blue or black jackets, but that creates a problem for other agencies in terms of identifying our members, and it also creates a problem for the public because they don't know who represents the fire department and who doesn't.”

What is doubly upsetting to firefighters is the fact the chief issued outerwear to EMS personnel and the top brass, but has so far refused to buy it for the people who staff the trucks, engines and rescue squads.

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DCFD logo update: Union president wants chief to back down from discipline threat & pay for new outerwear. Ellerbe says some members are dividing the department.

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From Paul Wagner at Fox5 News/WTTG-TV (reprinted with permission):

The DC firefighters union is calling on the fire chief to back down from his threat to discipline members over a uniform change. This after a veteran firefighter spoke exclusively with Fox 5 Wednesday night.

Union president Ed Smith says any uniform change is "wasteful" and if the chief wants the members to comply he should pay for it.

The fire chief, for reasons still not clear, has changed the department’s logo and has ordered everyone to make the switch.

The D.C. Fire Department has changed logos four times in the last twenty years.

The last time, just three years ago- a decision that would likely go unnoticed if it wasn't so costly to the city and firefighters who are expected to purchase most of their cold weather gear.

The firefighters union is now calling for the fire chief to unify the department by paying for the change.

Four logos have been used by the department since the early nineties.

The last change, made in 2009, was designed to unify the department by including EMS or emergency medical services.

But after Chief Kenneth Ellerbe took office another change was introduced.

The only clear difference- the addition of two flags- one from the District of Columbia.

"Any change that's at a cost to the taxpayer and is not done through attrition is a waste," said Firefighters Union President Edward Smith in an interview Thursday.

That's the way the last logo change was being handled – through attrition. As new firefighters came in, they were required to wear hats, coats, sweatshirts and tee shirts with the newest logo.

However, Chief Kenneth Ellerbe sees things differently and gave the entire department a deadline to make the change.

But he declined to pick up the tab.

"I want it provided to all my members, that's my stance, plain and simple, if you are talking unity and you provide to some and not to the others, that's not unity, it’s just causing more division," said Smith.

Some high ranking officers and EMS personnel, because the department had some extra money, were given clothing with the new logo.

The issue has become so emotional, a veteran lieutenant spoke out on FOX 5 Wednesday night, saying the chief had created a hostile work environment.

When asked to comment today, Chief Ellerbe sent us this statement,

“(I) don't think that I’ll be commenting any further on this one. The memorandums, which are self explanatory, are not meant to be divisive. Some members are using this to divide the department, when they had no problem wearing insignia that was not official.”

And it’s not just clothing, the logo will be stripped from apparatus as well- a decision that baffles the union.

"The whole fleet is in deplorable condition, the shop personnel are understaffed and over worked, and to have them worrying about a cosmetic change to a fire truck when we have little or no reserve fleet to ride on in the event of a major emergency or call back is not logical at all."

Chief Ellerbe says he will discipline anyone who is not wearing uniforms with the new logo on it as of this week.

A decision that has some firefighters turning their coats, sweatshirts and hats inside out showing no logo at all.

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DC firefighter who was seriously burned last year publicly disputes Chief Kenneth Ellerbe over logo order. Lt. Robert Alvarado: ‘All we are asking is to be is dealt with fairly’.

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Coverage of fire last April where Lt. Alvarado and other firefighters were burned

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From Paul Wagner at WTTG-TV:

Lt. Robert Alvarado has spent 11 years responding to emergencies and fires in the District of Columbia. Just last April, he was severely burned with three others while searching a burning house in Northeast. The lieutenant says he loves his job, but he has a problem with the chief.

"All we are asking is to be is dealt with fairly," said Lt. Alvarado. "If you want us to wear a certain item of clothing, issue it to us and we will gladly wear it instead of expecting us to come out of pocket to meet his agenda. We are sworn order takers, but make it fair and give us the tools to do that.”

On Tuesday night on FOX 5 News, Ellerbe had this exchange with anchor Laura Evans.

Evans: "It is expensive though, we have to say, winter wear is expensive to buy, if you are talking about buying a whole new set of uniforms."

Ellerbe: "They don't have to buy a whole new set of uniforms. We supply over $5,000 in outerwear and equipment for our employees. What they are talking about is purchasing sweatshirts and t-shirts that have the “DCFDEMS” on it. They are not talking about the outerwear that we provide.”

"We do get $5,000 worth of gear, but the majority of that is spent on structural firefighting gear that we use to go into burning building,” said Lt. Alvarado. “It’s a complete outright lie that we are issued outerwear. We are not issued outerwear.” 

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Lt. Robert "Cadillac" Alvarado in a special message from the Medstar Burn Unit at the Washington Hospital Center last April.