December 2015 prepared by Jack Mattlin Assistant Chief COT ws * Crew 3 Christmas Billboard On November 30, 2015 Nauman outdoor advertising put up a billboard on Memorial Drive in Lancaster across from the Plaza shopping center, just south of the Fiesta Mexicana restaurant, 1236 N, Memorial Drive. Refer to picture in file. The billboard was a picture of several Lancaster Fire employees in and on the Fire departments Tower #1 truck. The firefighters were dressed in either, duty uniforms or a Tee Shirt with a variation of the Marvel Comics Superman logo. The billboard had writing across the top “Merry Christmas” and along the left side “Super Crew 3”. The “Lancaster Fire” sign on the truck is centered below the “Merry Christmas”. Sometime around December 12 or 13 someone posted signs on the duty board and in the windows of the apparatus on the truck floor of EHIH1 that said “Warning Offending Language May Be Heard” and “Notice No Photography of trucks without permission of the Chief" (refer to copies in the file). | was asked by the city Law Director and the Chief of the fire department to conduct an investigation into the way and reason the billboard came about as well as the origin of the signs posted at engine house 1. It was the goal of the investigation to determine if the billboard had a malicious intent, ifthe participants were willing or ordered/pressured to participate. Who paid for the picture and billboard? Did the participants willingly go against department rules, codes, and policies? Findings; All of crew 3 was aware that they were going to buy a billboard rather than exchange gifts among the crew members except for D. Hite. The entire crew paid money willingly towards the billboard with the exception of Hite who thinks he donated towards an officer's gft. When interviewed he didn’t seem concerned about this. All crew 3 personnel that are pictured in the billboard participated willingly, the ones not pictured said they would have if they were there. Only retired Captain Dempsey was asked to pose for the photo. No other retirees were called. All that participated thought this would be a good way to say thanks to the citizens as well as encourage some crew rivalry. None that participated thought they had broken any rules, regulations, codes, or policies. None that participated thought there would be any negative reaction to the billboard except Lt. Medaugh who did not verbalize his concern during the picture taking or after, he was acting Captain the day the picture was taken. No person interviewed admitted to doing the billboard with the intent of getting back at the chief or a malicious intent of any kind,December 2015 prepared by Jack Matlin Assistant Chief Jason Scott took the photo; put it on a USB jump drive. Matt Dawson started the process with Nauman outdoor advertising and Josh Harris completed the process by emailing the photo and paying for the billboard. Itis obvious that very few on this crew know the rules and poli Captain Archer posted the offensive language sign and it had nothing to do with the billboard. \ did not find the person responsible for the other signs that were posted. sof the department. Interview process; Prior to conducting interviews of the personnel that are in the picture on the billboard the Chief had already had meetings with the crew Captain, Moore and Lt Medaugh. | also sat in on several meetings, one with the Mayor elect of Lancaster, Paul Martin, interim SSD), Law director Ullom and Chief Ward, another with Chief Ward and Union President Bowers, and another with Chief Ward and Union Vice President Anson all to discuss the issues related to the billboard. This report does not contain any notes from those meetings. During a meeting on December 7, 2015 with Captain Moore, Union President Bowers, and the Chief, the Chief asked for details about the billboard. During that meeting Captain Moore explained the reason for the billboard; he also took responsibilty for the picture and billboard. | learned this by reading the chief's notes he had prepared for the meeting with the Mayor elect, Law director, Paul Martin and me. Prior to the interviews the chief had already gone to Nauman advertising and had the owner show him who in the picture had arranged for the billboard, he pointed to J. Harris and M. Dawson. He had also had the billboard taken down at the request of the city Law director. The billboard was removed on 12/15/2015 by Nauman personnel. In preparation for interviewing crew 3 personnel | created a list of questions that | felt would gain the information needed. The questions are below. | also informed the union president of my intention to conduct the investigation on Wednesday the 16" and Saturday the 19" 2015. The union president asked me for the Garrity statement | would be using and | sent him a copy and explained it ‘would not be necessary if the employee answered questions freely. He requested I read the statement to all | interview. Vice President Anson was present at all times to witness this and the employees signed that they understood the statement. | have the signed statements in the file. Interviews conducted 12/16/2015 at Engine House #1 ‘The interviews were conducted in the Captain's office with one employee at a time. Vise President Anson was present for all interviews. | read the Garrity statement to each of them while they followed along, then asked the 3 questions on the statement about their understanding, After answering “yes” verbally they each signed and dated the statement. One employee, R.A. Conrad refused to sign until he contacted his attorney citing the past differences with the chief as his reasoning and his fear of retribution for previous events. | explained the questions and they only covered the billboard andDecember 2015 prepared by Jack Mattlin Assistant Chief that he must answer questions no matter what his attorney said. He took a copy and went to the kitchen while | interviewed the next employee. I reiterated to vice president Anson that R.A. Conrad ‘must comply or face discipline for insubordination. Later R.A. Conrad did sign the statement and was interviewed. Below is a summary of the interviews listed in order of the questions. The actual notes for each individual will not be discussed as they must be sealed until such a time that itis decided that no criminal act was committed. This is due to the compelled statements given as a result of the Garrity admonishment, Any information revealed thru these interviews that could be used to prosecute a person cannot be used in a court. 1 8. (Show the picture)Tell me about this. Al of the interviews explained that the billboard was done to say thank you and wish a merry Christmas to the city residents. The crew decided to do this in lieu of buying the typical gifts and exchanging them on crew. No one said or hinted of any other motive or intent ‘Who took the picture? Jason Scott admitted to taking the picture so this question was irrelevant after his interview. He is not in the photo and was off duty at the time for an illness/injury. He stated that after he took the photo he left on the Captain’s desk on a USB jump drive. It was a digital photo. Did you pose willingly? Were you ordered? Pressured? All personnel interviewed said they posed willingly, the crew members that are not in the photo said that is because they were out of town or they would have. The personnel that did not pose, D. Hite. Said he has never been in a crew photo and didn’t want to be in this one. He sat in the EH kitchen while the photo was taken, and J. Coy, said he feels like a visitor to the crew so he didn’t feel comfortable being in a crew photo. What did you think the picture was for? All of the personnel interviewed say they knew the photo was for a billboard when they posed for the picture. What day was it? Duty day? November 4, 2035, Crew 3 day, most of the personnel interviewed do not remember the exact date except one that remembered he was on a Kelly day and used his calendar to get the date. Of those in the photo Moore, Dawson, Charles, Varga, Hatem, and Burton were off that day. Not everyone on the crew is in the photo, do you know why? Did anyone refuse? Most said they don’t know and assumed it was because they were off duty and/or out of town, a couple say they knew Hite just doesn’t do pictures and one said that Coy wasn't really a crew 3 uy just a visitor. | also asked if they knew if anyone refused to be in the photo most said they didn’t know, a couple said they didn’t know of anyone refusing except Hite. ‘There is a retiree in the picture, were other people invited to participate? Who? ‘Some of them say they heard rumor that “they” tried to call Jerry Primmer but had the wrong. number. | couldn't get a definition for who “they” are. No one actually called anyone else to be in the photo except Thom Dempsey. ‘You are out of uniform in the picture, why is that? Was tt an order?December 2015 prepared by Jack Mattlin Assistant Chief The decision to wear the crew tee shirt was done before the picture. Everyone said they were out of uniform willingly and there were no orders or peer pressure to be out of uniform. | was told there were extra shirts if anyone needed one but only a few and no one would say who brought them. 9. When you posed for the picture did you know it was going on a billboard? All in the picture say they knew the picture was going on a billboard when the photo was taken. The people not in the photo that contributed money also knew of the billboard plan. 10. When did you find out? Question was not necessary as all were aware when picture was taken. 11, Did you give permission for this picture to be put on a billboard? To whom? Question was not necessary as all were aware and did so willingly. 12, What do you think the purpose of the billboard was? Al said the purpose was to say Merry Christmas to the community, a kind of give back to the tax payers. Some said this as well as to show their esprit de corps for crew 3. Some also added to try and get the other crews to do something similar like a challenge. 13. Did you pay money towards it? All Interviewed paid money and state they knew the purpose when they paid. The only one that did not pay was Jason Coy, stated he had just come to crew when money was collected and didn’t feel he should participate as he is just a visitor. Hite paid but said he didn’t know what for, he thought it was for Christmas gifts just like every other year. 14, Did you feel pressured into paying money? By whom? All said they paid willingly 15. Who arranged the billboard with the advertising company? If you, were you ordered to do it? Pressured? Matt Dawson had a friend at the company, when he got sick Harris took over willingly, I did not speak to Dawson due to his ongoing health issues. 26. Did you ever have a conversation about the possible result of the billboard such as “the chief won't like this”. No one admitted to having or hearing any conversation that the billboard might be a concern for the administration. 17. Did you ever think that this was somehow wrong either by breaking department rules or just because it didn’t feel right? No one thought this was wrong, only Lt. Medaugh says he had a bad feeling when he saw Dempsey there to be in the photo but he didn’t verbalize that concern to anyone. 18. Are you aware of the department discipline policy? 19. Are you aware of the department code of ethics? 20. Are you aware of the social media policy? 21. Are you aware of the harassment policy?December 2015 prepared by Jack Mattlin Assistant Chief All say they are aware but most admit they don’t know what these policies say including the officers. 22. Do you feel that any of the department rules, policies, or codes of conduct was violated? All that were interviewed say they still don’t think any department rules codes or polices have been violated. 23. Recently copied signs saying (show example)“no photography” were posted at EH#1, who put ‘them up? | only asked the people assigned to EH1 the day of December 13 as these signs were found by the Chief on Monday the 14". All said the signs were up when they came to work in the morning. 24. What was the reason? No one knew the reason for the signs. 25. Do you have anything else to add? Most only asked why this is a big deal? And what the problem is? | had conversations with some about the rules broken and the church and state issue. After all on duty personnel had been interviewed | talked to Gard and Harris again. 1 person had said that Gard was at #1 during picture taking but did not participate. Gard states he was off that day on funeral leave and was not at the engine house. | asked Harris about the process of how the picture became the billboard. He said he emailed it to Nauman and they put the words, (artwork) on it then emailed it back to him. | asked who approved the final proof before it went on the billboard. He said he did but showed it to the Captain and others but could not name who saw the proof. Previous during questioning Lt. Burton says he saw the proof at #1 before it went up. After questioning it appears that the proof was available to be seen at EHi#1 but not everyone saw it. 12/17/15 EHA Talked to Captain Maffin concerning a conversation he had with Lt. Medaugh in which Medaugh expressed his concern over the billboard and the possible negative consequences. While in the office I called the Lt. and put him on speaker phone with Maffin listening, | informed him he was on speaker with me and Captain Maffin. | asked him if he wanted to add to his statement or change it before | talk to the Captain as | have concerns he may have been less than truthful. He was mad and obviously shook up and he said no his statement is the same and ‘went on to explain the conversation was with the Captain after the billboard was up and the Chief was aware of it. After hanging up the phone the Captain confirmed the storyDecember 2015 prepared by Jack Mattlin Assistant Chief Captain Maffin went on to tell me that he had a conversation with Captain Moore when he saw the picture. Maffin states that he told Moore that he better hold on because the chief's head will explode when he finds out. He says this was prior to the billboard going up. 12/18/15 EHH2 Touvell He was on 0.7. on Engine 2 during the picture taking. He was aware they were taking a crew picture and knew it was fora billboard. He assumed it was to engage the other 2 crews in a rivalry type thing. He doesn’t recall hearing anything about a possible negative reaction to the billboard. 12/18/15 EHH Archer | asked if he had any conversation with Captain Moore prior to the billboard going up. He says he asked Moore what he was doing for his guys for Christmas. Captain Moore responded that they weren't doing gifts they were doing something that will be good or cool; he doesn’t recall the exact wording. A billboard wasn’t mentioned. | asked about the signs posted at #1, he admitted to hanging the offending language sign up. It was directed at D. Hammond, the captain has been trying to get Hammond to lessen his use of foul language. He did not know where the other signs came from. | asked him to ask his crew were it came from, 12/19/15 EH#1 Smiley ‘Anson in room No Garrity statement ‘Smiley states he was aware of the purpose of the picture and he did it willingly. He also states he paid money towards it willingly. When asked about the uniform he says he did that as everyone else was but was not ordered or pressured into being out of uniform. He did see the picture before the bill board was up at EHi#t1 on the kitchen table. 12/19/15 EH#1 Sharp ‘Anson in room no Garrity Participated willingly and paid. Also saw proof at #1 prior to billboard 12/19/15 EH#3 Mirgon ‘Anson in room no Garrity This was Mirgons first day on crew 3. He was aware of the reason for the picture but was not asked to be in the pic and did not volunteer. He did not pay money, wasn’t asked to. 12/19/15 EH#3 Irvin Anson in room No Garrity Participated willingly and paid money, did not see proof but didn’t ask to 12/21/15 EH#LDecember 2015 prepared by Jack Mattlin Assi ant Chief Outside on steps talked to Hammond and Jenkins about the no photography signs. Both didn’t know where they came from but thought they were up when they came to work on Sunday morning,