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Firefighter appeals firing over porn

A lieutenant who ran afoul of St. Pete Beach's zero tolerance policy on pornography decides to fight to get his job back.

By AMY WIMMER

© St. Petersburg Times,

published October 31, 2001

--------------------------------------------------------------------------------

ST. PETE BEACH -- The memo was posted in September 2000, instructing firefighters that sexually explicit material had no place in the firehouse.

Not in magazines, not in videos, not in books. And not on the Internet.

"As you have been advised in the past, the possession/use of inappropriate materials in the Fire Department SHALL NOT BE PERMITTED," Fire Chief Fred Golliner wrote, explaining his department would follow a zero tolerance policy on pornography in the workplace.

One year later, the chief has recommended firing the first firefighter accused of violating the policy. Lt. Crist Fellman, a 20-year veteran of the department, will appeal the decision through a grievance procedure.

The investigative report details how an internal affairs investigation, with the help of Florida Department of Law Enforcement computer analysts, linked Fellman to the pornography found on department computers.

The report also showed that, possibly because of the atypical nature of a firehouse workplace, sexually explicit materials were more common around the St. Pete Beach Fire Department than in other workplace environments.

"Unlike other public officials, it is entirely appropriate for firemen on 24-hour shifts, upon the completion of their duties, to watch cable television and/or to use the Internet," Fellman's former lawyer, Morris Weinberg, wrote in a letter to the city requesting Fellman be reinstated.

Fellman's appeal of the city's decision might rely on evidence produced in the city's internal investigation of him. The report, produced by police Capt. Todd Kirchgraber, describes in interviews with employees that two other firefighters might have accessed pornography on the Internet after Golliner's zero tolerance memo was posted a year ago.

"I certainly didn't see any focus being placed on them," said Fellman's lawyer, Robert McKee.

The investigation also discusses how, historically, pornography was accessible in the all-male, 24-hour-a-day environment of the Fire Department, though Golliner is quick to say that it can't be found anymore and hasn't been as prevalent for years.

"I think we're as clean of a department as you can find now," Golliner said.

Still, the past could play a role in Fellman's appeal. "There's a history in the department in terms of a tolerance for adult-related material," McKee said.

Kirchgraber says the investigation stopped with Fellman because he is the only firefighter who can specifically be placed at a Fire Department computer at a time when adult material was accessed.

"This was the first piece of real concrete evidence that came into our hands," Kirchgraber said.

Added Golliner: "We can't get any more thorough with the computer systems. There's no way of placing anyone behind the computer."

That's because Fellman was working a shift with Paramedic Lori Kordecki and Firefighter Ron Nifong when Kordecki went online this summer to work on her St. Petersburg Junior College courses.

Kordecki turned over the use of the computer to Fellman and later returned to the terminal to find pornography Web sites listed in the computer's history file.

Kordecki had previous experiences with adult material at the firehouse. She had discovered pornographic Web sites in the history file before, and had also turned into the chief a pornographic magazine found under a mattress in the firefighter's bunks.

"I was totally disgusted and offended," Kordecki told Kirchgraber in her interview. "I said, 'That's it. I've had it.' "

Kordecki and Nifong saved items from the history file onto the computer's hard drive. That file, which the paramedics named "Stealth," linked Fellman to the adult material.

And while other sexually explicit images were found on firehouse computers -- 308 in all -- none of the others could be directly tied to any individual employee, Kirchgraber said.

The report discusses past experiences with adult material at the firehouse: how firefighters sometimes exchanged adult videos at work and kept pornographic magazines at the department. On at least one occasion mentioned in the report, firefighters viewed an adult movie at work.

Most of these incidents happened before the September 2000 memo. In interviews with Kirchgraber, one firefighter said he recalled a discussion with Fellman shortly after the memo was posted.

"Well, they got most of the books out of here, but I still got mine," Firefighter Greg Fletcher recalled Fellman saying as he lifted up the mattress of the lieutenants' bunk to reveal porn magazines hidden there.

"Times have changed," Kirchgraber said. "Nothing condoned, but understand that what might have been happening, as times changed, as people's standards changed, so does that behavior, and clearly the fire chief was trying to set a standard where those types of things weren't accepted."

Fellman earned more than $49,200 a year from the city. He was promoted to lieutenant in 1995, and his personnel file includes letters from residents complimenting his service.

The file also includes past disciplinary actions.

In 1996, after he transferred some emergency medical technician supplies from the main firehouse in north St. Pete Beach to Station No. 22 in the Pass-a-Grille neighborhood, his supervisor reversed his decision and returned some of the supplies to the north station.

Fellman responded in a terse memo and was reprimanded for writing it. The subject Fellman wrote on his memo was "I should have known!!!!"

"Just once, I would like to see some support around here," he wrote.

He also received "letters of instruction and caution," a low-level form of discipline, for hitting a pole while exiting City Hall with a fire engine and talking disrespectfully to another lieutenant.

The monthslong investigation took a toll on Fellman and his family, his former attorney, Morris Weinberg, wrote in a letter to the fire chief in mid September.

In the letter, Weinberg says Fellman "has had his life turned upside down." Weinberg complained of television newscasts about the investigation that "irreparably damaged" the firefighter's reputation and says his 12-year-old and 8-year-old children were pulled out of classes at school to be interrogated by detectives and the Department of Children and Family Services.

The investigation was ongoing at the time of the Sept. 11 terrorist attacks and Tropical Storm Gabrielle, which followed days later. According to Weinberg, Fellman's requests to help with both events while on administrative leave were denied.

"A veteran firefighter with such an outstanding record does not deserve the treatment that he and his family have undergone in the past month," Weinberg wrote.

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So this firefighter has been warned in the past for this, he should have been fired.

Policies are there for a reason. The guys been warned in the past and didn't heed the warnings, then he should be canned.

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Firefighter appeals firing over porn

A lieutenant who ran afoul of St. Pete Beach's zero tolerance policy on pornography decides to fight to get his job back.

By AMY WIMMER

© St. Petersburg Times,

published October 31, 2001

--------------------------------------------------------------------------------

ST. PETE BEACH -- The memo was posted in September 2000, instructing firefighters that sexually explicit material had no place in the firehouse.

Not in magazines, not in videos, not in books. And not on the Internet.

"As you have been advised in the past, the possession/use of inappropriate materials in the Fire Department SHALL NOT BE PERMITTED," Fire Chief Fred Golliner wrote, explaining his department would follow a zero tolerance policy on pornography in the workplace.

One year later, the chief has recommended firing the first firefighter accused of violating the policy. Lt. Crist Fellman, a 20-year veteran of the department, will appeal the decision through a grievance procedure.

The investigative report details how an internal affairs investigation, with the help of Florida Department of Law Enforcement computer analysts, linked Fellman to the pornography found on department computers.

The report also showed that, possibly because of the atypical nature of a firehouse workplace, sexually explicit materials were more common around the St. Pete Beach Fire Department than in other workplace environments.

"Unlike other public officials, it is entirely appropriate for firemen on 24-hour shifts, upon the completion of their duties, to watch cable television and/or to use the Internet," Fellman's former lawyer, Morris Weinberg, wrote in a letter to the city requesting Fellman be reinstated.

Fellman's appeal of the city's decision might rely on evidence produced in the city's internal investigation of him. The report, produced by police Capt. Todd Kirchgraber, describes in interviews with employees that two other firefighters might have accessed pornography on the Internet after Golliner's zero tolerance memo was posted a year ago.

"I certainly didn't see any focus being placed on them," said Fellman's lawyer, Robert McKee.

The investigation also discusses how, historically, pornography was accessible in the all-male, 24-hour-a-day environment of the Fire Department, though Golliner is quick to say that it can't be found anymore and hasn't been as prevalent for years.

"I think we're as clean of a department as you can find now," Golliner said.

Still, the past could play a role in Fellman's appeal. "There's a history in the department in terms of a tolerance for adult-related material," McKee said.

Kirchgraber says the investigation stopped with Fellman because he is the only firefighter who can specifically be placed at a Fire Department computer at a time when adult material was accessed.

"This was the first piece of real concrete evidence that came into our hands," Kirchgraber said.

Added Golliner: "We can't get any more thorough with the computer systems. There's no way of placing anyone behind the computer."

That's because Fellman was working a shift with Paramedic Lori Kordecki and Firefighter Ron Nifong when Kordecki went online this summer to work on her St. Petersburg Junior College courses.

Kordecki turned over the use of the computer to Fellman and later returned to the terminal to find pornography Web sites listed in the computer's history file.

Kordecki had previous experiences with adult material at the firehouse. She had discovered pornographic Web sites in the history file before, and had also turned into the chief a pornographic magazine found under a mattress in the firefighter's bunks.

"I was totally disgusted and offended," Kordecki told Kirchgraber in her interview. "I said, 'That's it. I've had it.' "

Kordecki and Nifong saved items from the history file onto the computer's hard drive. That file, which the paramedics named "Stealth," linked Fellman to the adult material.

And while other sexually explicit images were found on firehouse computers -- 308 in all -- none of the others could be directly tied to any individual employee, Kirchgraber said.

The report discusses past experiences with adult material at the firehouse: how firefighters sometimes exchanged adult videos at work and kept pornographic magazines at the department. On at least one occasion mentioned in the report, firefighters viewed an adult movie at work.

Most of these incidents happened before the September 2000 memo. In interviews with Kirchgraber, one firefighter said he recalled a discussion with Fellman shortly after the memo was posted.

"Well, they got most of the books out of here, but I still got mine," Firefighter Greg Fletcher recalled Fellman saying as he lifted up the mattress of the lieutenants' bunk to reveal porn magazines hidden there.

"Times have changed," Kirchgraber said. "Nothing condoned, but understand that what might have been happening, as times changed, as people's standards changed, so does that behavior, and clearly the fire chief was trying to set a standard where those types of things weren't accepted."

Fellman earned more than $49,200 a year from the city. He was promoted to lieutenant in 1995, and his personnel file includes letters from residents complimenting his service.

The file also includes past disciplinary actions.

In 1996, after he transferred some emergency medical technician supplies from the main firehouse in north St. Pete Beach to Station No. 22 in the Pass-a-Grille neighborhood, his supervisor reversed his decision and returned some of the supplies to the north station.

Fellman responded in a terse memo and was reprimanded for writing it. The subject Fellman wrote on his memo was "I should have known!!!!"

"Just once, I would like to see some support around here," he wrote.

He also received "letters of instruction and caution," a low-level form of discipline, for hitting a pole while exiting City Hall with a fire engine and talking disrespectfully to another lieutenant.

The monthslong investigation took a toll on Fellman and his family, his former attorney, Morris Weinberg, wrote in a letter to the fire chief in mid September.

In the letter, Weinberg says Fellman "has had his life turned upside down." Weinberg complained of television newscasts about the investigation that "irreparably damaged" the firefighter's reputation and says his 12-year-old and 8-year-old children were pulled out of classes at school to be interrogated by detectives and the Department of Children and Family Services.

The investigation was ongoing at the time of the Sept. 11 terrorist attacks and Tropical Storm Gabrielle, which followed days later. According to Weinberg, Fellman's requests to help with both events while on administrative leave were denied.

"A veteran firefighter with such an outstanding record does not deserve the treatment that he and his family have undergone in the past month," Weinberg wrote.

Here's what i say .. [stream:9ed4e3d112]http://www.moviesoundscentral.com/sounds/training_day/story.wav[/stream:9ed4e3d112]

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Thank you, and I appreciate all that weighed in. I hate to be the bearer of bad news, but the legal opinion is that these activities must go. Hopefully the PC generation will die soon, but until then, there are many routine actiivites that must go: Including horseplay, friendly versions of WWE wrestling, hazing of rookies, and watching soft/hard porn. Frequently the problem is that employees say they are OK with all of these type of activities, and may even participate willingly, but when they are terminated or are written-up they are suddenly offended by something that has been ongoing for years. Yes it helps when they can not produce any proof that they complained to upper management (although most will claim the workplace was so hostile and management was so uncaring that they just had to get out of there), but it also hurts if the activity is so agriegous that anyone would be offended (ie watching hard-core porn, painting genitalia with hydrant paint). Also remember some of the comments AND GESTURES that you have witnessed in your station while these shows are on (how many have never seen one male employee dry hump another male employee --cutting up -- pretending to be gay; how many times has a male employee exposed himself in the station for whatever reason). The last lawyer I talked to actually stated that they have seen an increase in the number of cases where the female employees are being accused of this type of harassment secondary to inappropriate conversations or dress.

All the rest of the grey-area activities that were mentioned here would be in the jury's hands, so you have to ask if you are willing to take that risk -- sometimes the answer is yes, most of the time it will be no. Harassment is one of the few areas, where the victim gets to decide what harassment is, and it does vary from individual to individual, which is why it is hard to allow questionable activities without restriction. I think having two tvs, so that there is an option is a good one. I think forcing someone to leave the room that is offended, creates a hostile workplace that you can not defend. But dont take my word for it, I imagine most of your employers have an attorney on retainer, so feel free to have them take a look at some of the scenarios that were mentioned here, and get the most up-to-date opinion from a lawyer who is practicing in your region. At the end of the day, you have to ask yourself, do I really want to have to sit in a courtroom and defend this activity, and how would it hurt the organization if it became known in the community that we serve ?

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so what is next we get a suspension if we fart?

wrestling around? teasing rookies, busting balls etc....

all of this stuff was done wayyy before you started and will continue after you leave. unfortunately some people take it to the extreme but the stuff mentioned above is harmless and helps with bonding and friendship... how does making gay jokes to your buddy or pretending to dry hump him affect you.... if this stuff really bothers you you need to leave this profession.

do you know how many times either I call a friend gay etc in a day... I just told my partner 10 minutes ago he was a F&cking Ugly stupid ba@tard and he says the same to me.

I honestly think that you believe the service should cater to you. If you were in my station they would have to transfer you because EVERYONE would refuse to work with you.

I agree with no porn and none of this should happen if the person involved does not want to participate. But me calling my partner queer and putting Vaseline on his toilet seat... or having women pretending to be hookers calling his wife.....how does this affect you...answer it does not...you are probably just the type of person who needs to bitch about something and stir the pot.

Why would you even comment you were talking to lawyers? is there anyone from your station that will still work with you.. I bet there are alot of people worried you will write them up every call for one thing or another.

part of being in fore or ems is team work loyalty and trust for your fellow brothers and sisters.. you need to learn to back up and support your co-workers instead of this..

Walrus

But hey what do I know...I am just Canadian

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Walrus wrote:

how does making gay jokes to your buddy or pretending to dry hump him affect you

Your kidding right. Maybe if your in a motel room. Keep your closet gay relationship to yourself. Thanks. If you tried to dry hump me I'd break your neck.

do you know how many times either I call a friend gay etc in a day... I just told my partner 10 minutes ago he was a F&cking Ugly stupid ba@tard and he says the same to me.

Somehow I bet you both resemble those comments

But me calling my partner queer and putting Vaseline on his toilet seat... or having women pretending to be hookers calling his wife

Gee.....let me know when he leaves so I can bid on that shift.....I would rather have my fingernails ripped off.

part of being in fore or ems is team work loyalty and trust for your fellow brothers and sisters

I play softball and golf with my co-workers, and you know what we never once thought about dry humpnig each other. What was I thinking I could have saved a ton of money just dry humping my fellow brothers and sisters.

You cant be serious.....

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you have never pulled practical jokes at the station on your friends or called him gay?? it is busting balls that is all....now mind you we sometimes go beyond the average prank..(calling the wife) but it is harmless fun that does not effect anyone else. you play golf and baseball that's cool.. we wrestle in the day room, go drinking, play rugby and pull practical jokes and have barbeque's it is all what works for your station but ......

I am sure you would rather a few guys (and women) laughing

and joking around in a little immature way in your station that the above stated

where all you can do is watch Barney, sing Kumbaya, and discuss Dr.Phil episodes.... We should have the right to do what works in our station....not worry about some whiner that is gonna try to sue the company.

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