Nolan 711

AMERICAN ARBITRATION ASSOCIATION * * * * * * * * * * * * * * * * * In the Matter Between: * * CITY OF HARTFORD * * -and* * IAFF, LOCAL 760 * * * * * * * * * * * * * * * * * *
June 10, 2010
Volume 7
TERMINATION HEARING
HELD BEFORE: HARVEY M. SHRAGE, Arbitrator
CHERYL S. DAMATO/COURT REPORTING SERVICE CHERYL S. DAMATO, CERTIFIED COURT REPORTER LICENSE NO. 00298 300 TOLL GATE ROAD BERLIN, CONNECTICUT 06037 (860)828-8847
APPEARANCES: Representing the City of Hartford: ATTORNEYS FOR THE CITY OF HARTFORD 550 Main Street Hartford, Connecticut 06103 BY: IVAN A. RAMOS, Corporation Counsel
Representing Daniel C. Nolan FERGUSON & DOYLE, P.C. 35 Marshall Road Rocky Hill, Connecticut 06067 BY: JAMES C. FERGUSON, Esquire ALSO PRESENT: DEB COLLINS-CARABILLO DAN NOLAN VINCENT FUSCO SCOTT BRADY PETER TOWEY
CHERYL S. DAMATO/COURT REPORTING SERVICE
. . . The following is the Arbitration in the Matter between: AMERICAN ARBITRATION ASSOCIATION -and-
IAFF, LOCAL 760, held before HARVEY M. SHRAGE, Arbitrator, and Cheryl S. Damato, Certified Court Reporter in and for the State of Connecticut, held at the offices of Ferguson & Doyle, 35 Marshall Road, Rocky Hill, Connecticut, at 8:47 a.m. on Thursday, June 10, 2010.
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THE ARBITRATOR:
Good morning.
This
is a continuation of the matter between the City of Hartford and IAFF Local 760. Case of Mr. Nolan.
Before we get to the continuation of the testimony of Chief Teale, I would ask the parties -- I issued a ruling dated June 8 which I believe was sent out by the American Arbitration Association to the parties yesterday. Unless there's
an objection, I'd like to add it to the record so that the record is complete in that regard. MR. FERGUSON: MR. RAMOS: No objection.
No objection. I believe this is my
THE ARBITRATOR: original of it.
Let me just pass it off to both
sides just to verify, and I believe this will become Joint Exhibit 8 is my recollection or my notes. So
let me just take a minute and ask both sides just to take a look at it and make sure that's the ruling. So my ruling of June 8 will be received as Joint Exhibit 8. (Joint Exhibit 8: evidence - described in index.) THE ARBITRATOR: And consistent with Received in
that ruling today, we'll continue the testimony of Chief Teale. I think enough said and I believe we
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were in the midst of cross examination of the chief the last time. MR. FERGUSON: That's correct.
Chief, good morning. THE ARBITRATOR: Actually, since it's
been a period of time if I could ask you to stand just to swear you back in again.
C H A R L E S
T E A L E ,
S R . ,
recalled as a witness by the City, having been previously duly sworn by the Arbitrator, was examined, and testified further on his oath as follows:
THE ARBITRATOR:
And again, just to
keep the record clear, since there's been some period of time, if you'd just state your name for us. THE WITNESS: Charles A. Teale, Sr. And I know that
THE ARBITRATOR:
during the period of this hearing, you have left the fire department. If you could just give us the
period of time when that occurred? THE WITNESS: work on April 9, 2010. I had my last day of
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THE ARBITRATOR: THE WITNESS:
Thank you.
You're welcome.
CROSS EXAMINATION CONTINUED BY MR. FERGUSON: Q Chief, did you have an opportunity to review the
transcript of your previous testimony in this case? A Q No. Okay. I am going to try to pick up where we
left off and not duplicate questions; and if I do inadvertently I apologize but I scanned the record and I think I am okay. You testified previously that there are no department policies or directives written that preclude or prevent or direct employees not to collect money for businesses in town. A Do you remember that? To the best of my knowledge
That is correct:
there are no policies pertaining to that. Q Then you went on to state that We've never had a
problem with this, meaning the collection, of charities up until now. When you say "up until now," were you
referring to the date of your testimony or when Dan Nolan began to collect for charities? A I would say it was up until the time that the
recruit class was in session, the one that began in
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October 2008.
I didn't receive any complaints with
regards to fund-raising. Q So since 2008 if it's such a problem, why didn't
you at that point administer or issue a directive? A It wasn't a problem except for the occurrence That was the only time that it was a
with Dan Nolan. problem. Q
Right, but at that point when you realized there
was a problem, did you then issue a directive? A Q No, I did not. Okay. Is it true that you -- I believe you said
you promoted Dan Nolan twice during your tenure as chief of the department? A Q That's correct. Okay. Is it also true that you offered him a
promotion to assistant chief at one point? A Not formally I did not offer him the job. He
actually declined to pursue the position.
To offer a
position to someone formally they literally have to come in to someone for an interview. Q Right, but you had discussed with him the
possibility of promoting him to assistant chief; is that true? A Q No, that's not entirely correct. What is entirely correct?
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He discussed the matter with me and did ask if
the benefit package of the position could be changed, and I said, Not to the best of my knowledge. There were
several people who did ask if it could be changed and it simply could not be. In other words, the benefits of
being a deputy chief or the deputy chief of training were better than the benefits of being an assistant chief at that time. Q He didn't come to you and ask you about becoming You asked him about his interest in
an assistant chief.
pursuing that, correct? A No, that's not the way I recall it. It's just a I
matter of who discussed it first with whom, precisely. can't recall exactly. He and I did have a discussion If he had
about him becoming an assistant chief.
expressed an interest in becoming an assistant chief at that point in time, I would have offered him the position. Does that clarify it somewhat? Q It certainly does. Thank you.
And you do recall that he had scored No. 1 on the testing process? A Q I'm sorry, I don't recall where he scored. Okay. But even if he had scored No. 1, you You
didn't have to offer him the position, correct?
wouldn't have had to offer the -- you're not required to
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offer to the highest scorer? A Q That's correct. And you have a history over your tenure as chief
of not offering positions to the No. 1 but rather than using the rules to allow you to promote somebody who's not No. 1 on the test? A Normally I have promoted No. 1, normally. On
very rare occasions, I have promoted No. 2.
The exact
number of times because I have promoted I think over a hundred people. Q A Right? But the exact ratio I can't recall but I would
estimate that 9 out of 10 times I would promote No. 1. Q All right. Do you recall a ceremony honoring
him as Irish Person of The Year? A Q Yes, I do. And do you recall speaking in front of that
crowd of 250 people or so? A Q Yes, I do. And do you recall stating what an asset
D.C. Nolan was to the Hartford Fire Department? A Q Yes, I do. Do you recall praising him for his efforts and
involvement in local charities? A That I don't recall. To be very blunt, whenever
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I make presentations of that sort, I don't read from a script of any kind. I am speaking off the top of my head.
I did think that his involvement with the local charities was commendable. I think everyone should be involved in That wasn't a
charities to the best of their abilities.
concern so as a matter of fact I thought it was an asset that he engaged in local charities. Q Okay. And do you recall in that same speech
that you had mentioned considering D.C. Nolan for the assistant chief position? A Q Yes, I do recall that. Thank you. You stated in your previous testimony when you were here last time that your relationship with D.C. Nolan was purely professional. A Do you remember that testimony? We
I don't remember it but it was professional.
weren't inclined to see each other off duty. Q When you say not inclined, isn't it true, sir,
that you did have a personal friendship with him that went outside the professional bounds of Hartford Fire Department? A Q A Q I would not classify it as such. Okay. Well, let's go over some things here.
All right. Do you normally visit people in the department's
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parents who are in the hospital like his mother, for example? If Pete Towey's mother was in the hospital,
would you go visit his mother in the hospital? A If I had the opportunity to do so and I felt the
situation warranted it, I would do so. Q Okay. And you did visit Dan Nolan's mother in
the hospital when she was in the hospital, correct? A No, I did not. I didn't have a chance to do so.
I would have if I had the opportunity to do so. Q You never visited his mother in the hospital
after she had a stroke? A Q No, I did not. Have you ever invited D.C. Nolan to your house
for a party? A I believe I did. I had a party for all of the
division heads of the department at my home and he was one of the division heads. Q I believe I did invite him.
Did you and your wife ever attend a Jack and
Jill party for D.C. Nolan's sister? A I am envisioning an occasion that did take place
in Hartford but I don't know if that was for his sister or if that was for the party of a member of the, department's mother. I know that sounds confusing but I attended so
many different functions, to be very honest with you I don't know the purpose.
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Is it normal that you would go to a Jack and
Jill party for, say, Scott Brady or anybody else? A I don't remember going to a Jack and Jill party.
I don't know what a Jack and Jill party is. Q It's a shower, boy and girl shower where Does that help? Do you ever
somebody is getting married. remember going to a shower? A I believe I do.
I am not entirely certain.
It
was either that or we do have a, I think a mutual friend, a former firefighter by the name of Tommy Cosgrove. His
mother, now deceased, she had a birthday and I remember being there for that occasion and I believe that's what we were referring to. and Jill party. But again, it could have been a Jack
Sir, I have to tell you, over ten years I
as chief I went to hundreds of different functions. don't remember the words Jack and Jill, though. Q Well, we're just testing, you know, your
credibility with regard to, just to be frank, with regard to the fact that you had purely a professional relationship with Dan Nolan and there's a number of things that we're aware of that occurred that were of a personal nature so I am not trying to trick you. to surprise you. I am not trying
I am just asking you questions based If you don't
upon facts that we can independently verify. remember, you don't remember.
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I understand.
I am trying to answer the It's just that I don't
questions honestly and accurately.
know what a Jack and Jill party is to say yes I was at one. Q And you understand you're trying to fire
Mr. Nolan based upon the fact that he didn't remember something that happened before or said something that wasn't totally accurate and then you made certain assertions and now we're testing that for you because apparently as chief of the department you hold yourself to the same standard that you hold Dan Nolan, correct? A The need to terminate Dan Nolan was based on the
fact that there were several statements that were made that were untrue. Q A Okay. And they were related to events during the time Very
period that he served as deputy chief of training.
recently before the interview of him, I'd say a month before he was interviewed, he interacted with several of the recruits on a periodic basis. happened repeatedly. This is something that
You're asking me about one party
that took place, that took place -Q the stage. Do you ever recall going out with Dan Nolan for I am going to ask you more. I am trying to set
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a night on the town having a few drinks, going to clubs? A I remember being with him once but with all It wasn't to be Quite
honesty I was surprised to see him there. with him.
It was to be with some other friends.
frankly, I think it was to celebrate someone's promotion. Precisely whose, I don't recall but it wasn't a situation where I interacted with him and said, Let's go out. actually going to interact with him and be out. Q So your testimony is you remember one time when I was
you were out with him not in a professional capacity but a personal capacity but it was for a party for somebody else, is that your testimony? A I am not sure what it was for. I believe it was
for a promotional party and it was just a matter of two or three guys getting together to go out and have a few drinks. And when I went out to have a few drinks I was He wasn't in the car
surprised to see that he was there. with us when we got there. when I got there. Q A Q A Q A
He was just at the nightclub
What nightclub was that, sir? I think that's the Mardi Gras nightclub. And that's in Springfield, Massachusetts? Yes. And who were the other two people you were with? Precisely, I don't recall.
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Q A Q
Were they members of the department? I think they were. Isn't it true that same night-on-the-town you
all went out to eat prior to that and Dan Nolan was there, present with you when you went out to eat? A Q I don't remember him being there. Now, you don't remember him going out to eat or
you don't remember him being at the Mardi Gras? A I remember him being at the Mardi Gras. I don't
remember him going out to eat. Q A Q A And the Mardi Gras is in Springfield, Mass? Yes. And you drove out there with two other guys? Could have been two guys; could have been one
Q A Q
Could have been no guys? No, there was someone else. I don't recall who.
And you don't recall you and Nolan going out to
dinner that night? A Q I don't remember. But there was no professional capacity at that
meeting, correct? A Not formally, no, but we always talked about the That's all we had to talk about. Q Okay. During Nolan's 15-month deployment in
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Iraq, did you correspond with D.C. Nolan? A No, I do not recall corresponding with him.
There may have been necessary correspondence for some reason but I just don't recall any correspondence. e-mail or something of the sort. them. Q Isn't it true that you also spoke to him on the An
I received thousands of
phone during his 15 months in Iraq? A Q I may have but I don't remember. Didn't you request D.C. Nolan to provide you
evidence of an article from the Army Times regarding a personal matter regarding your son? A Q No, I don't recall that at all. Okay. So you still maintain, based upon these
facts, that your relationship with D.C. Nolan was just totally professional; it was no personal involvement at all? A all. Q A Okay. If it seemed as though it was personal, it was No, there really was no personal involvement at
because I tried to work with the members of the department in any way, shape or form that I possibly could. have a concern for their families. Q Thank you. I did
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Do you recall the testimony about the CPAT the last time you were here? A Q I remember portions of it, yes. Who was responsible in the testimony basically
related to Felicia Graves? A Q Okay. Who was responsible for approving
Felicia Graves' attendance at the academy? A Q A Ultimately the director of human resources. Okay. So you had nothing to do with that?
I can recommend her dismissal or recommend that
she -- I can pass it through the training but ultimately it is the responsibility of the director of human resources. Q In other words, I cannot fire her. Does the CPAT exam include a placement of a roof
ladder operation? A Q A Q A Q A Q A I don't believe it does, no. Opening a fire hydrant? No, I don't believe it does. Starting a gas-powered saw? No. Climbing a ladder of any height? No. Advancing a charged hose line into a building? No.
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Okay.
And would you agree that those are all
essential core functions of a professional firefighter? A Q Yes, I would agree. Okay. You stated in earlier testimony that
there is no run requirement for recruits at the academy, that's correct? A Q That is correct. Does that mean while you were conducting classes
at the academy, you never had recruits run? A I did have them run but that was prior to the
CPAT which meant that it was our responsibility to insure that they were physically capable of performing the duties of a firefighter. Q A a week. Q And did you require -- what distance did the How often would you have them run per week? Whenever we could. It was at least three times
recruits run under your direction? A The precise distance I don't recall. It was
down to Riverside Park and back, whatever distance that, I don't know. Q Not holding it to exact yardage, what would you
A Q
I'd estimate a mile and a half. Okay. Did you require recruits to do towers
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after completing their run? A Q A Q A Q A Yes. And do you recall how many? A maximum of six. Maximum of six? (Nodding head in the affirmative.) And you're absolutely certain? Absolutely certain because I ran them with them
and it was tough to do. Q And do you recall being the chief of training
when lieutenant -- withdrawn. Do you know who Lieutenant Mike Juda is? A Q Yes, I do. And you know that he's a fire suppression
lieutenant? A Q Yes. And he also has worked as a training officer at
the state academy? A Q I don't know that but I wouldn't be surprised. And he also works or volunteers in his work as a
training instructor at the academy, Hartford Fire Academy? A yes. Q Thank you. And you were the chief when he went through the Oh, he's been detailed to the training academy,
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academy in 1994, correct? A minute. Q I believe I was, yes. Wait a minute. Wait a
You mean deputy chief of training? Right, you were training chief when he went
through the academy? A I believe I was. I don't recall if I was
captain or deputy chief. Q A Q But you were there? Yes. What about physical performance tests at the Do you
academy, like situps, flexibility, bench press. remember those? A Q I do not. Okay.
And did you have recruits do situps, You already said you did at one
flexibility, bench press? point. A Q Yes.
You did those things, okay.
You stated in
earlier testimony that due to the CPAT exam there was no physical testing required at the academy and you ordered any planned testing to be stopped, is that correct? A Q That's correct. What physical or strength and agility test did
you order to be stopped? A The exact nature of the strength and agility
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test I cannot describe.
It was brought to my attention
through the assistant chiefs that a strength and agility test was being planned and my response to them was they cannot hold a strength and agility test at the training academy. The recruits have already had a strength and
agility test at CPAT so I put a stop to it. Q How did you notify D.C. Nolan that he was not to
administer a physical strength and agility test? A Through the assistant chief. I directed both
the assistant chief of operations and personnel labor relations to tell him don't have the test. Q A writing. Q Is there any claim he was insubordinate if that That's all.
And it wasn't in writing or anything? Goodness, I don't honestly recall putting it in
was an order disregarding that order or not to have a physical strength or agility test? A I am not understanding the question. Could you
rephrase the question? Q I will withdraw it. With regard to recruit Graves, there was some testimony about her last time and I am going to follow up on that a little bit. You stated that if recruit Graves didn't hear or understand an order, she should not be dismissed; is that
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correct? A Q That's correct. Okay. In early November of 2007 when recruit
Graves disobeyed a direct order to sign her counseling statement that was clearly depicted in D.C. Nolan's and Captain Costello's fire service. showed them to you last time. A Q Yes, I do, I remember that. Why wasn't she dismissed then? Clearly she was Do you remember that? I
insubordinate. A Q I understood her to have signed that document. She's testified in these proceedings that she
didn't sign those documents and there's no evidence that she did. As a matter of fact she admitted under oath that
she didn't; so based on that, why wasn't she dismissed from the class? A I thought for sure that I recall receiving word
from Deputy Chief Nolan that she eventually did acquiesce to his order but there is a distinct difference between a recruit and a 25-year veteran of the department. Q There's no question pending. I am sure
Mr. Ramos will follow up on that. So is it your testimony that she didn't hear or understand the order to sign her counseling statement? A No. My testimony is that initially she refused
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to do so because she was being directed by someone -precisely who I think is yet to be determined -- not to sign it, but my understanding is she did sign it afterwards but perhaps I was misinformed. Q Could you explain to the arbitrator why you
would allow recruit Graves back into the following class after receiving crucial critical documented evidence from a deputy chief, captain, lieutenant, a firefighter detailed to training and her own squad leader that she was completely unacceptable in her performance as a recruit both academically and physically? A I believe recruit Graves was singled out and When going on the runs that they had
abused as a recruit.
in the morning -- I beg your pardon -- during the course of the day, when she could not run fast enough and the deputy chief of training passed her out, she was chastised, given 75 towers to run and because she couldn't run the run fast enough, the rest of the class would receive 75 towers. recruit class -Q Stop right there. You continue to say 75 -Objection. What's the objection? Because of this system the entire
MR. RAMOS:
THE ARBITRATOR: MR. RAMOS: question.
He's answering the
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THE ARBITRATOR: MR. FERGUSON:
I agree.
He's gone way beyond. You can continue. He
THE ARBITRATOR:
said that I think my notes indicate when she couldn't run fast enough and Deputy Chief Nolan passed her she was given 75 towers and the group was given 75 towers. Why don't you pick up there briefly? The greatest challenge there is she was the only
woman in the recruit class and because she could not perform physically as well as the guys could and for all the guys to receive 75 towers because of her, they all came to develop a lack of appreciation for recruit Graves. This caused a learning environment where she could not possibly learn and I think that was proven by the fact that when she was allowed to go in to the following recruit class where there was not a system of disciplining people with 75 towers because they couldn't run fast enough, she did exceptionally well. She did well enough That
to make it through training without any complaints.
I perceived to be exceptionally well beyond compare -MR. FERGUSON: He's gone way beyond. I want to give him an
THE ARBITRATOR:
If you sum up where the sentence stems
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Just a few seconds more. The fire services you presented to me with
Felicia Graves using profanity were very surprising and shocking to me. Primarily because she's a very
soft-spoken, calm individual but in retrospect when you take into consideration the abuse she suffered at the hands of the deputy chief of training, I believe she may have used those words -MR. FERGUSON: A I apologize.
I believe now that she may have used those words
in anger, in disgust, out of resentment for the way she was being treated. THE ARBITRATOR: Go ahead. BY MR. FERGUSON: Q And what's your evidence that Chief Nolan abused Thank you.
her or anybody? A The testimony of the recruits from that class
indicate that whenever he passed her that she and the rest of the class would receive 75 towers. Q A Who is that testimony from, sir? The recruits. Every recruit I would say with
the exception possibly of one that I can think of. Q A And who would that one be? Antwon Smith.
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So everybody else.
Your testimony here today is
that you interviewed 19, or there were 19 people in the class so you interviewed everybody in the class pretty much? A I did interview everyone in the class but to say But
everyone said the same thing, I am not saying that.
overwhelmingly the majority of them indicated that that was the system. record. Q The system was -(A recess was taken at 9:17 a.m. and the hearing resumed at 9:24 a.m.) BY MR. FERGUSON: Q So when did you come to the conclusion which Precisely who, I'd have to check the
you're stating here today that my client abused Felicia Graves? A When did that become apparent to you? At one point I was asked by a city
councilperson. Q A Q A Who was that? That's rJo Winch. Who? RJo Winch. I was asked by councilwoman Winch to She was out of the
just sit and listen to recruit Graves. class at that point in time.
She said there are probably
some things about what transpired that you don't know
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about and I said I would do so and by then I had decided that she was not going to be in the recruit class. I had
discussed the matter with the director of human resources. He agreed and we both agreed it would be possible for her to go into the next class but if she was allowed to go into -- back into the recruit class it would destroy the ability of the deputy chief of training to run the recruit class effectively. figure at all. They wouldn't see him as an authority
But I was willing to hear her out and the
things she told me quite frankly I found difficult to believe. She spoke of a system, a pattern of treatment She spoke of
that would have led anyone to dislike her.
the number of towers that she would have to run because she could not run fast enough. Q Let's stop right there. Isn't it true, sir, that everybody in the recruit class no matter what the punishment did all the towers? She wasn't singled out to do more towers than
anybody else, or is that what she told you? A No, what she told me was that if she did not run
fast enough and the deputy chief of training passed her by, she would have to run extra towers and the rest of the recruit class would have to run extra towers also. Q So everybody ran every punishment together
throughout the whole class, correct?
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A Q
That's what I was led to believe. So how was she singled out if she ran the same
as everybody else? A No, that's not what I said. She didn't run the
same as everyone else. Q She didn't receive the same punishment and was
required to do the same punishment as everybody in the class? A of run. I think we're talking about two different kinds When they were running to their destination which
I believe was Riverside Park and back. Q A Q A Q You're talking about the run now? Right. I am talking about the towers. We're talking about two different kinds of run. There's no dispute, Chief, that there was a run
and if people did not progress in their ability to run during the class, that they would be issued punishment towers. What I was asking you about is you seem to say -She
you said she was singled out and abased as a recruit. wasn't singled out. punishment.
Everybody received the same amount of
If Edsel Rodriguez did something wrong,
picking a name out, everybody was assigned the same discipline. A You understand that?
I do understand what you're saying.
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Q said? A Q A
That's the only question.
You agree with what I
Not entirely.
And if I can explain.
Why not entirely? Well, because if I was to make an assessment of
a recruit class and determine, for example, and I can't anymore, but determine that anyone who cannot bench press as much as I can has to run the towers 75 times and not only do you have to run them but everybody in the class has got to run them also, eventually everyone in the class has come to resent that person that can bench press as much as I can and this is what she had to say that the rest of the recruit class was actually encouraging her to quit. Q Did recruit Graves tell you that she ran 75
towers or any recruit ran 75 towers in a row? A Not in a row. They would receive towers on a
bail -- they would have to run towers on a daily basis is what they told me, to run off the towers they were owed. Q So when you say 75 towers, at one point they
were assigned -- even though that's not the testimony of a number of people in these proceedings -- that they may have been assigned 75 towers? It's not your testimony or
your understanding that anybody was required to run 75 towers in a row, is it?
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Well, it's physically impossible for somebody to
run 75 towers. Q A Why is that? Why is that? You
It's just an inordinate number of towers. A tower is six
physically cannot perform the task. stories. Q
You multiply that times 75. And how long does it take in your estimation as Two minutes,
a former chief of training to run one tower? three minutes, five minutes? A Q I would estimate two minutes.
So 75 towers would be 150 minutes, correct?
Two
and a half hours? A Q Yes. And as a former chief of training, you know that
you have a lot of things to do at the training academy every day, right? A Q A That's quite true. You cannot devote two and a half hours? That is quite true, sir, but if I am allowed to
discuss this, I don't know if that's a question or not. Q I asked the question. You answered it. I think at this point
THE ARBITRATOR:
I am going to tell Mr. Ramos if he wants to follow up on that. BY MR. FERGUSON:
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Now, do you recall in addition to removing Chief
Nolan as chief of training you also removed firefighter Tenney from the training academy for the subsequent class? He was scheduled -- he's going to testify but he was scheduled to be detailed for training for the class that Nolan was removed from and you removed him. that he not be detailed to training. that? A Q A No, I do not. Okay. So that's not correct? The detailing of You ordered
Do you remember
It may be correct.
firefighters is, at my discretion, is based upon a number of variables. overtime. Unfortunately the most pressing of them is
In order for me to keep the expense for running
a department, I have to say I can't detail a person because it means I have to fill it with overtime. Q You were aware that he had issued a fire service
regarding her inability to perform the essential functions of a firefighter, correct? A Q I do recall. And getting back to the CPAT test, it wasn't
your position that whether a person is a female, a male or any racial or ethnic background that they should be given preferential treatment or be given or political -- for political reasons be given a job if they can't perform the
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essential tracks of a firefighter? A Q I have lost the question. Is it your testimony that based upon gender
because you said she was the only recruit? A Q At that time. There was one prior to --
It's not your testimony here or your belief as
chief of the department that somebody should be passed through the department based upon gender? A Q No. And it's not your testimony that somebody should
be allowed to perform the essential functions of a firefighter which includes starting -- all the things I listed before, and I'll do it again. Placement of a roof
ladder, opening a fire hydrant, starting a gas-powered mower or charging into a building, it's not your opinion that if they can't perform those minimal responsibilities they should become a firefighter, correct? A Q That's quite true. Okay. And you were aware that at least four
members of your department in the training academy sent you fire services saying that recruit Graves could not perform those functions, correct? A That is true but I think I should be able to say
that I have historically given the opportunity for a person to improve and in some cases at least one case in
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particular waited up until the day of the graduation before I said, You simply aren't going to come up to speed. You can't perform the duties of the position of a You're
firefighter, physical duties of a firefighter. dismissed from the class. chance to -Q
But I have got to give them a
But that's only when that person maybe can't But what if the
perform physically or do the functions.
person is insubordinate on top of that, not just documented by Chief Nolan who you said singled her out but by other members of the training here who testified here or are going to testify here and her squad leader who's testified here and there's evidence that she failed and received counseling letters which she refused to sign for failure to do her academics? So do you consider all those
things too or are those irrelevant? A I would normally take all those things into
consideration but every person was not just immediately terminated because they had a challenge at the time. Q A Okay. I would give them the opportunity to recover if
at all possible; and once again, I have given that opportunity to several individuals and sometimes I have given them weeks to recover but in this particular case she was for all intents and purposes, she was terminated
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on the spot by the deputy chief of training which is simply something we cannot do. I cannot terminate I have
somebody on the spot as chief of the department. to communicate with human resources. Q A
When you say she was terminated on the spot? When she was told to get back -- to come back
into the training grounds, precisely what transpired I can't recall but she was told to come back and she did not come back and she was told, If you don't come back now don't ever bother coming back. Q testimony. Wait a minute. That's inconsistent with your
Your testimony is that you let her back in the Now
class because she didn't hear her being ordered.
you're testifying that she told you that he told her not to come back? A Q Which is it?
I am not following you. I am not following you based on your testimony. THE ARBITRATOR: Okay. One question
at a time.
Ask the question again.
Let's see if you
can get an answer. BY MR. FERGUSON: Q You previously testified that you didn't
consider it insubordination when she walked away, even though there was a fire service from Lieutenant Juda describing what transpired that she didn't hear anything;
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so when she met with you, she said, I didn't hear anything. A Q Now you're saying she did hear it? No, I am not saying that. Then how do you know that he told her not to
come back, number one? A That was the testimony of the individuals that I
called into my office. Q A Q A Who was that? There were several individuals. Who? I don't have my notes in front of me. I am sure
the testimony will show that there are many of the recruits, several of the instructors said she was ordered to come back and she insisted that she did not hear the order. Q Dan Nolan. But she was not dismissed from the class by She was dismissed from the class when it
happened eventually by you or the personnel director of the City of Hartford, correct? A I recommended to the personnel director that she
be removed from the class. Q the class. A So it's incorrect to say he dismissed her from He couldn't? He could not officially, you're quite right; but
for all intents and purposes after he said what he said,
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she did not come back. Q There was some discussion in this case about
whether termination of Dan Nolan was politically motivated, and today we learn for a fact that a person not be recommended in the class anymore and you said you wouldn't have recommended her to be in the class next year? A I'm sorry. I would not recommend that she go
into the next class. Q I believe you just said -- I'll have it read
back and if I am incorrect or I misunderstood you, I apologize; but you said you were not recommending her to be put back in the class until you were requested by a city councilperson, rJo Winch? A Q No, that's not what happened. Well, that's what I heard. Let's clarify the record here. A What happened?
What happened is, I had a discussion after I
determined she was not going to be in the recruit class, I had a discussion with the director of human resources. Regardless of what transpired, the relationship between this recruit and deputy chief of training has broken down to the point where I can't put her back in the class because if she's back in the class it will diminish his level of authority to the point where he can't control the
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class.
So I said, I'd like for her to be out of this
class and given the opportunity to return to the next class if at all possible. This is what I discussed with
him and he said that that would be acceptable. Q A And how does rJo Winch come into this? Because apparently Felicia Graves had a lot to I did
say that she didn't tell me when I dismissed her.
bring her into the office of the deputy chief in training and questioned her about things. She was very, very timid. Q So let me get this straight in my fetid mind on She had nothing to say.
this beautiful Thursday morning, that all of a sudden you can't put her back in the class because that would undermine the deputy chief's position in that class, correct? A Q That's correct. But you were considering putting her back into
the next class, right? A Q That's correct. And you were asked to talk to her by a
politician, correct? A Q A Q That's correct. And you did? Yes, I did. Because a politician is a politician, right?
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Actually, I would have talked to her regardless. I didn't mind talking with her.
She was out of the class.
I still talk with recruits that I have dismissed, incidentally. Q But a politician asked you to do something,
you're going to do it? A Not at all. As a matter of fact I have had
several falling-outs with politicians over a variety of issues and I never did what politicians told me to do. did that within the best interest of the Hartford Fire Department. Q Is it fair to say if it wasn't appropriate to I
put her back in the same class and you wanted to put her back in the next class, if he was still the chief the same problems would occur? A Is that fair to say?
I think if the same treatment occurred with
regards to the issuing of towers that there would have been -- you would have possibly seen a rebellious attitude by Felicia Graves and, simply because she was encouraged by the other recruits to leave. Not all of them, by some
of them just to leave the class because she simply wasn't able to run fast enough. would have to work out. Q We're going around and around and around. It's He was giving them towers they
apparent to me if nobody else, that in order for her to be
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put in this class you had to get rid of Nolan; isn't that true? A Q No, that's not true. And what steps did you take once you learned
about this supposed singling out and abusing of a recruit? What did you do to Dan Nolan? A No. Did you counsel him?
At that point in time quite frankly I
didn't believe the charge. Q Okay. So you didn't counsel him but you were Did you ask him about the 75
aware of towers, correct?
towers at that point if she told you about 75 towers? A Q A No, she didn't. She didn't tell you that? Well, she would simply say she was made to run
towers and the rest of the recruit class made to run towers. 75. Q All right. THE ARBITRATOR: Let me just, I just The exact number I can't say for sure if she said
want to make sure I am clear because there's been a lot of questions here so I don't want anything new here. I just want to make sure what we have so far.
Let's start at the point that Ms. Graves was leaving and there was some interaction that you later found out had a comment made about not coming back if you
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don't come back now, okay? A (Nodding head in the affirmative.) THE ARBITRATOR: In terms of
chronology of events that you have been describing, where is that event with regard to you then meeting with her and so on? A The meeting that I am referring to where -- with
the councilperson? THE ARBITRATOR: with Ms. Graves first? A Oh, yes, I did, at the training academy. I had No, no. Did you meet
to bring her into the office of the deputy chief of training along with my assistant chiefs and make her aware of what she did which was disobey the direct order. had ordered her to come back and I said, You cannot disobey a direct order. class. THE ARBITRATOR: And at that time from You're hereby dismissed from the He
what I am hearing, and correct me if my notes are not right, at that time she was relatively quiet about responding to anything? A All she said was, I didn't hear anything. THE ARBITRATOR: Okay. And how long
after that -- is there anything that occurs now that you have dismissed her from the class. You discussed
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a meeting with personnel.
Is that the next meeting
or is the council meeting the next interaction. A No. The next interaction was with the director There's a step missing, sir. THE ARBITRATOR: A There's a step missing. THE ARBITRATOR: A Okay. I don't want to --
of human resources.
After she was told that she would be brought
back, I then contacted the director of human resources because I knew this would eventually lead to her not being in the class. I could not go to Felicia Graves and say,
You're dismissed from the class until I talk with him, the director of human resources, and after I talked with him then I met with Ms. Graves at the training academy. THE ARBITRATOR: Chief Nolan present and others? A Yes. THE ARBITRATOR: And again, just keep I just want That's with Deputy
taking me through what you testified to. to put it in some kind of order here. A
After she was dismissed from the class. THE ARBITRATOR: And that's the
meeting in which she said essentially, I didn't hear what he said? A That's correct.
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THE ARBITRATOR: That's correct.
Go ahead.
The paperwork had not been
processed yet.
She was not terminated but she was allowed
to return to her previous position as a cadet and the intent was to allow her back into the next recruit class which began in May so about three or four months later. THE ARBITRATOR: And that
determination you had made with the director of personnel, Ray Char (phonetic). A Yes. I cannot make that determination on my
I cannot determine who's hired or fired. THE ARBITRATOR: councilperson fit? A Well, the complaints with regards to the And where does the
recruits being unfairly treated in general. THE ARBITRATOR: I want to stick to -With regard
I want to make sure I understand this. to the councilperson.
Where is the call from the
councilperson in terms of the chronology you have given us here? A Apparently she became, the councilperson became
aware of the dismissal. THE ARBITRATOR: You're saying here
you have had your meeting with Deputy Chief Nolan and with Ms. Graves and then she's told she can go back
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to her position as a recruit, the processing of her paperwork for dismissal as a recruit. can't. Maybe you
Can you pinpoint roughly where the
councilperson's call comes to you? A Approximately two weeks. THE ARBITRATOR: continue. Actually, one more question for chronology. My recollection is you testified you met with Ms. Graves again after the councilperson? A No. THE ARBITRATOR: A No, I did not. THE ARBITRATOR: make sure I am clear on this. Okay. I just want to Oh, you didn't? Thank you. You may
The meeting with
Graves is the same -- is the meeting that you had with Ms. Graves with Deputy Chief Nolan in which she said she didn't hear the comment? A The meeting that took place at the training
academy where she was formally told by me that she was no longer a member of the recruit class. THE ARBITRATOR: A Right.
The precise individuals present, I cannot say This is just a
who was present at that meeting.
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traditional -- unfortunately, it's necessary in every recruit class but it's a meeting just designed to make people aware what the charges are. THE ARBITRATOR: And I just want to be
clear, just so I understand this. That was the only time you met with Ms. Graves in which she gave this side of the story? A No, there were actually two times. THE ARBITRATOR: time? A That was with the councilperson. THE ARBITRATOR: that. And when was that? The meeting with I thought I had asked When is the other
the councilperson was a meeting with the councilperson and Ms. Graves? A Yes. THE ARBITRATOR: And that you say you
got a call from the councilperson two weeks after? A Approximately, sir. THE ARBITRATOR: I understand. And
then when was the meeting with Ms. Graves and the councilperson? A That was, once again, approximately two weeks
after she was -- I met with her at the training academy
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and told her that she had committed an offense that was inexcusable and that she would be dismissed from the training academy and she had had a last day. THE ARBITRATOR: question. Just my last I thought you had
Maybe I got this wrong.
told her that already during the meeting at the training facility. A You have got those two meetings confused here. THE ARBITRATOR: I am not looking for
any additional information, but you may proceed. BY MR. FERGUSON: Q I am going to move on but just one question. The meeting you had with Ms. Graves, Chief Nolan was present and then I believe you corrected it and you said you don't know who was present. A It's once again one of many, many meetings of
the type that I have had throughout my career particularly as chief of the department, and the precise individuals present I can't honestly tell you. It could have been Could have
both assistant chiefs, one assistant chief. been both plus Deputy Chief Nolan. Q I am moving on.
I just cannot recall.
You previously testified that other recruits either quit or were dismissed. Do you remember that
during that class, 2007-2008 class?
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I do believe others were but I can't recall
precisely who. Q Well, do you recall having a discussion
concerning a recruit Edsel Rodriguez? A Yes, I do, and I do recall at one point you
telling me that I let the son of a deputy chief back into the class. Q Wait a minute. We're talking about
Edsel Rodriguez now? A Q Because you questioned me about it. But I am questioning you right now about
Edsel Rodriguez. THE ARBITRATOR: Again, your counsel
will have an opportunity to get that. A I was just trying to clarify something that had
already transpired. THE ARBITRATOR: Sometimes the rules
in an arbitration and in courts are frustrating to witnesses, but we have to operate by those rules. BY MR. FERGUSON: Q And we're taking about Edsel Rodriguez and I am
sure Mr. Ramos will give you an opportunity to correct on the other thing. He was dismissed from the class in 2007, correct?
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A Q
To the best of my knowledge, yes. After discussing it with the appropriate
authorities, you dismissed him? A Q Yes. And it was for substandard and academic
performance? A Q A Q I thought it was just academic. Okay. That's what I recall it being. Do you recall an earlier meeting with him in the
presence of members of the training academy in which you said the only reason you had allowed him to continue in the class with his substandard performance was due to his father being a member of the department? A thing. Q No, I never said that. I would never say such a
I would never do such a thing. You stated in previous testimony that D.C. --
deputy chief of training holds a fairly high level of responsibility in the department, is that correct? A Q That's true. And it was stated in previous testimony that
deputy chief of training is assigned the safety officer role in the department? A Q That's true. And the safety officer is evaluating the
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environment and has the ability to suspend, terminate or alter what a firefighter is doing on a fire scene? A Q That's true. In his capacity as safety officer, was there
ever an incident where D.C. compromised somebody's safety on the fire ground? A Q Only his own. Is it fair to say that part of D.C. Nolan's
responsibility is to determine who was capable? A Q Could you repeat your question? Is it fair to say that D.C. Nolan's
responsibility as the training chief is to determine who is capable of safely performing a firefighter's duties? A Q It is part of his responsibility, yes. Is it fair to say that D.C. Nolan evaluated and
documented the performance of each of the recruits dismissed from the class in 2007 and 2008? I'll repeat it. Is it fair to say that D.C. Nolan evaluated and documented the performance of each of the recruits dismissed from the class in 2008? A Q A I don't know. Well, didn't he make a recommendation? Yes, but I don't know if he documented each and I just don't know.
every recruit.
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Q A Q
Well, let's put it this way. Okay. As chief of the department, who would Deputy
Chief Nolan go to if he was going to recommend the dismissal of a recruit from the class? A Q Ultimately it would be me. He would go to you, okay. And you as chief of the department would want documentation as to the standard of performance, either physically, academically or in terms of demeanor of those people and know the reason why, correct? A Q That's correct. So isn't it true that Deputy Chief Nolan did
that or you demanded that he provide information to you concerning that for each recruit that was dismissed? A What I am saying is you're asking whether he
submitted documentation related to their dismissal. That's what I am saying. I don't know if he did or not.
He did make me aware of the challenges he faced with certain recruits he dismissed. But whether he put in It could be in
documentation, I don't know if I have it.
the archives of my office but I don't have the documentation. Q A Doesn't mean it doesn't exist? That's true.
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And you would be, as chief of the department,
would have wanted the basis for it? A Q That's true. And you have seen fire services regarding one of
those recruits, correct? A Q That's true. Isn't it also true that the four recruits that
were dismissed from that class were invited back or at least considered for the next class? their names before: A Q A Q Uh-huh. Ernesto Santiago, he was invited back? Okay. Edsel Rodriguez, he was invited initially until We have talked about
Aida Ramos, she was invited back?
he had a problem he couldn't get in? A Q A Q That's true. And Felicia Graves? That's true. And all the history to your knowledge while you
have been involved as training or as chief, was it ever a case where four people were invited back to the class, whether your class or the next class? A Q No, I don't believe so. I am a little confused about your testimony You stated that it became
concerning Felicia Graves.
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apparent to you that she possibly didn't hear or understand the order from the chief, correct? A Q That's true. Okay. And you're asking partially that my
client be dismissed today because, or when you did it, that he should be terminated because he did not understand Assistant Chief Parker's question about a Play Station, correct? A Q A Q A Q There were several -Yes or no. It's a yes or no answer.
That's a yes or no answer? Yeah. I am asking you a question.
Let me hear it again, please. You testified previously that one of the reasons
or partially one of the reasons is that my client was untruthful when A.C. Parker asked him about a Play Station, correct? A Q Yes. Okay. And you then went on to say, If he didn't
understand what a Play Station was he should have asked Assistant Chief Parker, correct? A Q That's correct. But you let Felicia Graves who supposedly didn't
hear or understand into the next class? A Correct.
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Withdrawn.
I am going to move on. Did you withdraw the
THE ARBITRATOR: last question? MR. FERGUSON: answered it, that's fine too. objection. THE ARBITRATOR: sure that the record is clear. MR. FERGUSON: couple of minutes? THE ARBITRATOR:
Yeah, but if he I expected an
I just wanted to make
Can you give me a
Yes.
(A recess was taken at 9:56 a.m. and the hearing resumed at 10:17 a.m.) THE ARBITRATOR: Before the day gets
away from us, I wanted to address an issue which is addressed in my ruling dated June 8, 2010, and which was sent to the parties by the American Arbitration Association. It is my job as an arbitrator to
protect the integrity of this process and I have done and will continue to do everything I need to do to protect the integrity of this process and to keep this process away and outside of any controversy between the parties that is not related to this arbitration, at least not related at this point to this arbitration. I view the controversy over the
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recording as being at this point outside of the realm of this case. As I indicated in my ruling, the MP3
is not in evidence, the transcription is not in evidence and I have indicated I will not admit it into evidence or allow it to be used at this point. As noted in my ruling, the arbitrator has not had the MP3 player or recording or anything related to it in his possession at any time and will not accept possession of that recording unless directed to by a court or until I reach a conclusion that there will be no direction coming, at which point I'll be in a position to make a, what I'll call, a traditional evidentiary ruling as to its relevancy to this case pursuant to the normal rules of evidence. In light of the fact that the next days of hearing, at least at this point are scheduled, tentatively scheduled for August, I would fully expect the city to obtain a ruling from the court or agency of competent jurisdiction prior to that date so that at that point, the arbitrator is in a position to either know that he's been directed by a court or some agency of competent jurisdiction or that he's free to make a traditional evidentiary ruling with regard to it. So that is all I have to say about it
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and I want to be absolutely clear that what I've already stated once in my ruling but also make it absolutely clear that I have no intention of receiving the MP3 player, taking it into my possession, safeguarding it or anything like that. That is as clear as I can be on this. MR. FERGUSON: I would just like to go
on the record and make a statement with regard to our position on the matter. Our position on the matter is that the transcription of the Laudermill hearing is essential evidence in light of the previous testimony of Chief Teale and we are hamstrung and are unable to adequately -- I am hamstrung and unable to adequately and effectively defend my client based upon the fact that we're not allowed to use that. Understanding
the ruling and understanding my restrictions, I am going to move around that to the extent that I can but I'll reserve the right to recall Chief Teale and I'll at some point in these proceedings make an offer to include the transcription unless there is a direction from a court, some ruling regarding some alleged illegality of which I am not even clear at this point; and as far as I am concerned, it's not over.
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That being said, I am going to move on with Chief Teale and ask him all the other questions I have concerning his direct testimony and the events that caused this present event with the understanding that I'll reserve the right to recall him at some point before this hearing is over. THE ARBITRATOR: And I'll only respond
to that and give the city a chance to respond or state on the record that it has no comment, in my ruling on June 8 I state specifically and I'll repeat it for the record here. By the way, for the record I
will state in the event that the city is unable to obtain a ruling by a court or agency of competent jurisdiction regarding the recording prior to subsequent days of hearing, the arbitrator will reconsider his ruling regarding the use of the transcription and recording. And I might add,
obviously, that would potentially require Chief Teale to come back for continued examination. At this point again we've tentatively -- I have got to double-check my schedule and move things around -- we have tentatively scheduled this for August and I have stated that already that I think that it's fair -- seems fair to me that since this process of this recording issue
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started I believe May 12 or thereabouts, we'd have June, July and actually three months I think almost to the day that this issue began that the city would have an opportunity to bring its evidence into court. Again I reiterate and view it as a matter totally separate at this point because the evidence in controversy is not a part of the record in this case. Mr. Ramos, would you like to respond? MR. RAMOS: comment to make. THE ARBITRATOR: proceed forward. Thank you. We may No, I don't have any
Let's bring chief -I would like to ask that
MR. RAMOS:
the witness, Mr. Nolan, would stop staring at me like he has been. THE ARBITRATOR: MR. RAMOS: Hold it.
I did not get a good
feeling from his looks and I just want to state that. THE ARBITRATOR: Let me say that
obviously as the arbitrator my job is to watch the witness in the case; however, I'd ask all sides to be respectful to each other and courteous. MR. RAMOS: Thank you. And I'll also say at
THE ARBITRATOR:
this point, I have no basis to reach any conclusion
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that it's been otherwise but if you perceive it that way, everybody will be as sensitive as possible. MR. RAMOS: Thank you. Let's get the chief
THE ARBITRATOR: in. THE ARBITRATOR: go? THE WITNESS: BY MR. FERGUSON: Q
Are you all set to
Yes.
Chief, in your meeting in your office on
April 21, 2008, did you give D.C. Nolan a letter stating that he was not to visit any fire department facilities nor contact any fire department unless he received permission from you? A letter. Q If you did give him that letter, it was on or I believe that was the date I gave him that
about that date? A Q Yes. I wasn't trying to trick you into the date.
That happens to be the date. In reason No. 4 of the termination letter to D.C. Nolan you state when you were placed on administrative leave you were instructed in writing, quote, not to visit any fire department facilities nor
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contact any employment in the fire facility unless you received written permission from me, correct? A Q That's correct. I found that you were insubordinate when you I am aware that I
violated that on several occasions.
have attended several department activities and have been in contact with members of the department during the time you were on administrative leave. For example, you
attended the firefighter graduation ceremony on August 8, 2008, and a memorial service on September 11, 2008. Did you say that? A Q August 8? A Q correct? A Q held? A Q correct? A Q That's correct. You stated that D.C. Nolan attended several At the Old State House. And that's not a fire department facility, That's correct. And where was the September 11 memorial service I believe so. I believe that's correct.
Where was the firefighter graduation on Where was the ceremony held? At the convention center. And that's not a fire department facility,
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other department activities beside the two that I just discussed. What other HFD sponsored events are you aware
of that D.C. Nolan attended while on administrative leave? A To the best of my recollection retirement
parties, I think. Q And those were not held on fire department
facilities? A Q That's correct. You testified you never gave D.C. Nolan
permission to attend the September 11 ceremony, correct? A Q That's correct. Okay. He received an e-mail from you inviting Are you aware of this event?
him to attend this event. A
If he received the e-mail it was probably sent
out to everyone in the department. Q A But that is an invitation, correct? It wasn't sent directly to him. It was
broadcasted to everyone in the department. Q But if you didn't want him to go to that event
you could have easily deleted his name from that e-mail, correct? A Q I did and he did request. I am going to get to that. You stated in earlier testimony that you received an e-mail from D.C. Nolan about his attendance on
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September 11, correct? A Q A Yes. He sent it to me September 10. It was a fax? It has been
And it wasn't an e-mail.
Then I am recalling it incorrectly. I thought it was an e-mail.
a few years now. Q sent it? A Q
And you said it was late in the evening that he
Late in the afternoon. You did say evening.
I wouldn't say evening. So you're correcting it to
late in the afternoon? A Q A Q A Q A Q A Q A Q I am correcting it to late in the afternoon. Approximately 3:44 in the afternoon? Exactly. And you never responded to that? No, I didn't get to the e-mail in time. To the fax? To the e-mail. You still insist it was an e-mail? I thought it was an e-mail. Okay. I believe it was an e-mail. D.C. Nolan stated in his, you say, fax, e-mail
that if you had an issue with his attendance, please contact him? A Repeat your question, please.
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Do you recall that in the communication you
received from him, whether it was a fax or e-mail, that if you had an issue with his attendance please contact him? A Q If I had an issue with his attendance? In his fax to you or you say e-mail, isn't it
true that he said if you had an issue with his attendance -A Q A Now I understand. -- please contact him? Yes, that's correct. Once again, it was sent at
3:44 or thereabouts and to be very honest with you I receive approximately 60 e-mails a day. I am sure at that
time we were trying to prepare for the September 11 ceremony the following day. at 3:44. I couldn't get to his e-mail
I probably couldn't get to it until the
following day. Q Let's see if this refreshes your recollection.
Let me just show it to Mr. Ramos. THE ARBITRATOR: copy? MR. FERGUSON: going to offer it. (Showing to Mr. Ramos.) THE ARBITRATOR: for a moment? Can I just see that I'll make copies. I am Is that the only
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. FERGUSON: Q BY MR. FERGUSON: Q A
MR. FERGUSON:
I'm sorry.
(Handing to arbitrator.)
Does that refresh your recollection, Chief? I remember something to this effect being sent
to me but I remember an e-mail. MR. FERGUSON: I'd like to offer this. Okay. Any objection?
THE ARBITRATOR: MR. RAMOS:
No objection. Let me just -- we'll Union 8 is received.
THE ARBITRATOR: keep it aside for the moment.
Copies will be made for the parties and the arbitrator. (Union Exhibit 8: evidence - described in index.) MR. FERGUSON: May I go? Yes. Received in
THE ARBITRATOR:
So you testified you saw it at some time after Did you see it
the date that it was given to you at 3:44. that day or the next day? A Q
I believe it was later on the next day. Okay. And did you ever let him know at that Did you ever respond
time that you had an issue with him?
to the facts or let him know that you had an issue?
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A Q
I read it after the September 11 ceremony. Right. And at that point did you send him any
communications, either in response to the fax and/or indicating that he was in violation or perceived violation of your communications to him about attending, being on department fire department facilities, did you? A sort. Q A Q You didn't, actually. That's why I don't recall sending him. You saw D.C. Nolan the morning of the ceremony. No, I don't recall sending him anything of that
Did you say anything to him at that time that you thought it was inappropriate or that you thought he was in violation of his administrative leave letter? A Q ceremony? A Q No. You didn't say hello; you didn't acknowledge No, I did not. Did you communicate with him during the
each other in front of witnesses? A Q A Not to the best of my recollection, no. Okay. To be perfectly honest with you, I have tried to
acknowledge your client in the past and he's been quite animus, in fact, using profanity when seeing me.
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. FERGUSON: Q
MR. FERGUSON: not responsive.
That's gratuitous and
I'd ask it be stricken? It will stay.
THE ARBITRATOR:
Continue, although I would ask the witness to try to just answer the question but I'll allow it to stay on the record. Go ahead.
During his administrative leave, did D.C. Nolan
e-mail you several times of his attendance at military sessions? A Q A Q A During his administrative leave? Uh-huh. I believe he did. Did you ever respond? Other than to say that I received it, it was I
something via e-mail I would say that I received it. can't think of a formal response. Q
Isn't it true that you never responded to his
e-mails to you, ever, not once, not one single time? A Sir, I can't recall. There is obviously a If he sent me an
record of me picking up his e-mails.
e-mail I would think that would suffice. Q So let me get this straight, for the record.
D.C. Nolan sent you a fax stating he was accepting your
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invitation to the September 11 event that was not on a fire department facility and to contact him if you had any concerns about his attendance but you did not contact him, is that correct? A I don't recall a fax. I remember an e-mail but
I did not receive it until after the ceremony. Q A Q receiving. And you have a copy of this supposed e-mail? Not in my possession, no, I don't. So we have a phantom e-mail that you recall We have a fax which we'll have a record of.
It's in evidence as Union Exhibit 8? MR. RAMOS: I object to it being
characterized as a phantom e-mail. MR. FERGUSON: MR. RAMOS: He's --
It's argumentative. It's cross examination. I'll strike the word
MR. FERGUSON:
THE ARBITRATOR: "phantom." MR. FERGUSON: question. THE ARBITRATOR: BY MR. FERGUSON: Q
I will withdraw the
Go ahead.
You maintained in your termination letter that
one of the factors in this termination was attendance at this event, is that correct?
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A Q
That's correct. With regard to contacting employees in the fire
department, you were aware at the time that you said that, that he has a brother or brother-in-law and all his best friends are fire department members, correct? A Q No, I did not know that. You didn't know that he had a brother and
brother-in-law on the department? A Q Yes, I do know that. And you don't know that many of his friends are
on the department? A Q A Q You said "best friends." Life-long friends? I don't know who his friends are. Do you think that a person should be fired from
their job for having discussions with their brother or brother-in-law? A I think if it's taken into consideration with
the other offenses -Q I am not asking that. I am asking, do you
think -- it's a very simple and straightforward question. I believe you can answer it yes or no but you can explain it if you want. Do you believe it's appropriate to fire
somebody on the basis that they have discussions with their brother or brother-in-law?
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A Q
No. Do you think it's appropriate to terminate
somebody for having discussions or being in the company of life-long friends? A When they have been ordered not to, I think Whether or not it
there are grounds for discipline.
should result in termination is another matter. Q Do you believe that when a person becomes a
member of the Hartford Fire Department or you have the ability in your capacity as chief to direct somebody to give up their constitutional rights? A Q No. And you understand that freedom of association
is a constitutionally protected right that this government affords to all members -- to all citizens? A Q No. You don't know, okay. Did you ever put a period of time when he could not be in contact with his brother or brother-in-law? A Q No. So in other words, since he is for the period of
time for the administrative leave to the date of termination being under your order, it was your intention that he not be able to talk to his brother or brother-in-law?
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A Q
No. Have you ever directed any other member in the
fire department in a letter form not to contact one of their own family members without your permission? A Q No, I have not. You have testified that D.C. Nolan -- it was
inappropriate the way D.C. Nolan encouraged recruits to contribute to charities, correct? A Q Yes, sir. Even though you do not believe I believe in your
testimony that he personally profited from the charities, correct? A I don't know if he personally profited or not.
I didn't make that evaluation. Q A Q So do you believe that he personally profited? I don't know. All right. Are you familiar with the term "burn master"? A Q A Yes, I am. Can you explain what burn master is? Well, it's not a term that's commonly used. I
believe I put an end to it about ten years ago. Q A What is it? The title is one that is given to a person who
oversees a live fire training evolution in essence.
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Is it fair to say when you were the deputy chief
of training, you acted as the burn master or you were involved in the live fire burnings? A On several occasions, I would say two or three
times perhaps. Q And you charged surrounding towns' fire
departments for use of the City of Hartford's smokehouse facility? A Q That's correct. And did you personally profit from being the
burn master? A Q Yes, they did. Did you also allow other members of your
training staff to act as burn master in using the Hartford smokehouse facility? A Q A Q Yes, I did. And did they receive profits for themselves? Yes, I did. Was Dan Nolan one of the members of the staff
that received burn master training from the surrounding towns? A Q I am not certain but I don't believe so. Okay. Did the city conduct an investigation
regarding the burn master practice? A No, it did not.
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There was no investigation concerning the burn
master practice? A Q No, there was not. Conducted by anybody, okay. Was it ever determined that you acted inappropriately and violated city policy? A Q Yes, it was. And how was it determined if there was never an Who determined it?
investigation? A
The representative from the media -- Ms. Tina
Brown was the reporter -- brought it to the attention of the city manager, Sandra K. Borges. Sandra K. Borges said
if that in fact did transpire, it's against city policy and full restitution will have to be made. I went to the
city manager and I explained to her precisely what had transpired. I actually interacted with the supervisor of
Ms. Tina Brown who informed me that this practice began in 1964. It had been going on long prior to my becoming In fact I was nine years old.
deputy chief of training.
I continued with the practice thinking it was acceptable. When I found out it was not acceptable I admitted that I did it. I apologized and I paid back all the money that I
got and all the money that anyone earned under my supervision. Q Okay. And it's fair to say that there were no
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rules and regulations or anything in writing pertaining to taking money from other departments for burn master that you were aware of when you continued the practice? that true? A Q A Q I never saw anything of the sort. Right. So there wasn't any, right? I had never saw anything. Isn't
I don't know. Okay.
But if you had been aware of those rules,
then you wouldn't have done it, I would assume, right; is that correct? A Q A Q A That's correct. And you weren't terminated? That's correct. And you weren't disciplined, right? Well, I think that's because first and foremost
I admitted to it -Q or no? THE ARBITRATOR: examination. This is cross It's a yes or no. You weren't terminated: yes
Again your counsel will have an
opportunity to ask you questions. The question was whether or not you were disciplined. A No, I was not. I did have to make a full
restitution.
I had to pay back the money.
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BY MR. FERGUSON: Q But since there weren't any rules regarding this
agreement it's inappropriate -- after you learned it was inappropriate you agreed it was inappropriate, correct? That's why you made restitution, I assume? A Q A No. You thought it was okay? No. Quite frankly, the reason why I made
restitution is because the media was attempting to get the names of all of the other members of the department that served as burn masters and put their names in the paper as they did mine. Q So basically you didn't think you did anything
wrong but you didn't want the paper to further investigate: is that your testimony? I am trying to
understand why, the motivation. relevant. A
Not that it's really
The motivation behind my saying I did serve as
the burn master and that I received the money is because it was the honest thing to do. Q A Okay. Good.
And to make restitution for not only that which
I earned but that which everyone else earned; I did that to protect the other members of the department. Q But you don't believe it was inappropriate to
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take monies from other departments utilizing the department's facilities even though you were receiving pay as the deputy chief of training? A I do believe it's inappropriate now. I did not
at that time. Q But yet you would consider it fair or equitable
to terminate somebody when there were no rules or regulations against doing that; is that a fair statement? A If I had lied about it I would say I should be
terminated. Q Is somebody lying when they don't remember
something or don't understand a question? A Q No. Have you lied at all in the two days you have
been on the stand? A Q No, I have not. Have you given inconsistent testimony on the two
days on the stand? A not to. Q Do you recall what the amount of money was you Not to the best of my knowledge. I have tried
had to reimburse the City of Hartford? A Q A Not exactly. Approximately $2,600.
And where did you get the money? There was some kind of retroactive check that we
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received as I recall. Q Isn't it true, sir, that you got it from
Dr. Richard Fichman? A Q No, that's not true. You never received any money from Dr. Fichman.
So if Fichman came here today and testified that he repaid the money, he'd be lying? A If he said that, he would be forgetting a
conversation he and I had. Q A And what conversation was that, sir? He gave me some money to pay for the I told him that I was uncomfortable paying
restitution.
the restitution with that money and I would like to donate it to another worthy cause which was the Camp Courant capital improvements program. Q So Dr. Fichman did give you the money but then
you diverted it someplace else? A And he and I had that conversation. He said,
The money is yours to use in whatever fashion you'd like. That's what I did. THE ARBITRATOR: A I think it's Fichman. MR. FERGUSON: friend of -A I'd like to go into -- this is going to go into F-i-c-h-m-a-n. He's a Who's Dr. Fichman?
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a little detail. THE ARBITRATOR: an attachment to the name. A brief. No. No, no, I want to put
Is it a personal friend? I'll be very
This is what transpired.
When this hit the media there were -- individuals
knew something was wrong and truly something was wrong. There was a former member of the department who conspired to do my reputation damage because he didn't want me to become chief of the department. So Brad Davis, the radio
personality, had me come on the air and explain what transpired; and after I explained what transpired Dr. Fichman called and said that he would like to pay the restitution. In essence that's what he said. THE ARBITRATOR: You may proceed. BY MR. FERGUSON: Q You stated in earlier testimony that even though Thank you.
members of the fire department are given forms and payroll deduction slips from the United Way, a charity for which you are a spokesperson, you don't know how much money they donate, correct? A Q That's correct. You were also one of the chairman for the circus
fire memorial charity in the City of Hartford? A Yes.
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Q A Q you know? A
Did any firefighters donate to this charity? Yes. Which firefighter donated to that charity, if
I don't know exactly.
The memorial site has --
I don't want to go into things I am not supposed to discuss here but the memorial site has engraved bricks from people who contributed. on the bricks. periodically. all of them. Q And if you look at the bricks, you would know Some people put their names
I know because I see the memorial Some people contributed but I don't know
that Al Russo who is a firefighter donated, correct? A Q A remember. Q command? A Q A Q A Q I am sure there were. Do you remember Anthony Taylor? No. Terry Waller? No. Anthony Napolean? Many of them were firefighters under your I don't remember Al Russo donating. Let's skip the brick. There were 750-plus donations. I can't
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A Q A Q A Q A Q A Q A Q
No. Dave Woods? No. Tony Milner? No. Charlie Huertez? No. John Nolan? No. Dan Nolan? No. So if you don't know that they donated, you
wouldn't know how much they donated? A That's correct. It should be stated that many
people donated and they donated in memory of their loved ones. They didn't put their name on. They would simply
say in loving memory of someone or our condolences or something to that effect. the brick. Q They wouldn't put their name on
Some did; some did not. And the bricks were for a minimum donation of
$50, correct? A Q That's correct. So everybody did donate -- you have already
admitted or conceded that a number of firefighters gave $50, right?
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A Q
Yes. Do you consider it inappropriate as chief of the
department to be in a position where you're asking other fire department -- based on your position in this case asking other members of the department to donate to your charity? A Q A Q No, I don't. Okay. It wasn't -And these are the same people that you would
have been in a position to promote and select for promotion? A Q A Q That's correct. Okay. Yes. The Phoenix Society just used several Hartford
firehouse facilities, equipment and firefighters to solicit money for an orphanage in Haiti. And you
previously testified you're aware of that? A Q That's correct. Has the Phoenix Society provided receipts to
persons who donated to this charity? A Q Not to me. Is the Phoenix Society an established 501-C3, a
charity organization?
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A Q A Q A Q
I believe it is. Are you a member of the Phoenix Society? I was. And you were president at one point, right? Yes, I was. Were the firefighters that were involved in this
event investigated for encouraging firefighters to participate in charity or soliciting donations? A Q No. Even though they did basically what you're
accusing Chief Nolan of doing with regard to soliciting charities, correct? A That's not what -- the main concern is the quid
pro quo, sir. Q Okay. Do you believe that people who donated in
that event were coerced? A Q No. So it's your testimony that when a citizen of,
or visitor to the City of Hartford is at a stoplight or major intersection and is approached by a firefighter in uniform knocking at their vehicle window asking for a donation while holding a fire boot or a canister, they are not being coerced? A Q That's true. Moving on. They are not being coerced. You stated in your testimony that
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there were three complaints.
The first one came from the The
chief operating officer of the City of Hartford.
second one came from A.C. Milner and the third one came from Local 760 all within a few days of one another, correct? A Q Yes. Would it be fair to say that the timing of these
complaints were ironically the same; that they all came from separate places but they were all within days of each other? A I can't tell you the spacing of the complaints
precisely when I received them. Q Okay. Is it accurate to say the complaint that
you received from the chief operating officer was anonymous? A Q Yes. In your experience of being chief of Hartford
Fire Department in charge of personnel and labor, is it a common practice for union members to file a grievance against another union about the way said union member is doing or has done things? A counsel. Q In your experience as chief of the department, Holy cow! You really lost me on that one,
is it common practice for a union member to file a
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grievance against another union member? A Q No, it is not. Who were the union members who made complaints Did you receive any -- did any member
about D.C. Nolan?
of the class make a complaint against D.C. Nolan? A Q No. As chief of the department did you question who
was making these anonymous complaints against D.C. Nolan? A I did want to know who was making the complaints
but I could never get an answer to that. Q Okay. So the complaints that bring us here
today and have destroyed this man's career are anonymous, is that fair to say? A Q A Not entirely. Okay. Why not?
The complaint brought to me by the Union came
from the leadership of the Union. Q But they had no direct knowledge and they said
they were reiterating remorse, correct? A Q A That isn't what I was informed. By who? Who informed you?
I was interacting with the assistant chief of
personnel, labor relations and I asked -- I said, Who is it that's bringing this complaint to the attention of the Union, and he said, They don't have an answer to that
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question. THE ARBITRATOR: clear. Just want to make it
This is somebody working for the city or
somebody working for the Union? A question. THE ARBITRATOR: You're referring to I'm sorry, sir. I am not sure I understand your
when you're trying to inquire who the individuals were, said they didn't know, you were talking to somebody who was employed by the city? A One of my assistant chiefs. THE ARBITRATOR: at the Union? A No. It was not somebody
BY MR. FERGUSON: Q A It was Assistant Chief Parker, correct? Yes. MR. FERGUSON: Who previously
testified in these proceedings. THE ARBITRATOR: the connection. Go ahead. BY MR. FERGUSON: Q So to this day based on your testimony to make The I just wanted to make
it crystal clear, the complaints are anonymous.
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precipitating complaints against my client were at the time and are still, anonymous. came from? A Q The precipitating complaints are anonymous. Okay. You also got a second complaint from You don't know where they
A.C. Milner regarding the mileage on D.C. Nolan's vehicle, correct? A Q A Q That's correct. But that's been dismissed? That's correct. Did you ever consider it or find it or do you
consider it and find it unusual that you received three different and separate complaints from three different sources approximately a week or two prior to the next recruiting class, against Dan Nolan? A The complaints came considerably -- they weren't They were
a week or two prior to the next recruit class. at least four or five months, approximately. Q A Q May? A Q Yeah. And when were the complaints? Really? Well, let me think about this. When was the next class?
The next class was
When did you put
him on administrative leave, sir?
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Counsel, it's been years ago and quite frankly,
I can't recall. Q It wasn't four or five months prior to that. If you don't know, that's fine. A What you're asking me about is the original
complaints about Deputy Chief Nolan and when they were brought to my attention? Q A Uh-huh. And quite frankly I don't recall but I thought
it was sooner than it was. Q Well, the previous class ended January 25, The next class started in May, correct?
correct, 26th? A Q
Yes, sir. So all the events that transpired occurred
between February 1 and May, right? A Q A Approximately. That's February, March, April. Okay. Three months.
But when you said two weeks it just
seemed a little bit -Q I am talking about when the complaints came in. Did they come in on the 25th of
When did they come in? January? A Q A
I'd have to check my notes. The record speaks for itself. I don't think it was two weeks though, counsel.
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Q A Q
Was it two weeks, four weeks? Probably a couple months. So it's your testimony that all these complaints
came in right after the last class? A Q A Yes. And they were all within three -No, that's not entirely true. One of them came
in from the mayor explaining that the deputy chief of training was -- I am getting into a description. won't -Q No, no, no, this is interesting. You got a call I
from the mayor now? A I didn't get a call from the mayor. What
happened was I was at a HartStat meeting. THE ARBITRATOR: A I didn't catch that.
Hartford statistics evaluated, and there were
individuals who had complained that the physical training of the firefighters in the recruit class was too extreme and I told the mayor that I didn't believe it but that I would look into it. In essence that's what I said. THE ARBITRATOR: Hold on a second. I
want to make sure I am making the connection. You were at this meeting; the mayor was at the meeting? A Yes. The HartStat meetings are attended by the
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mayor, the department, depends on which meeting it is. that was after hearing that complaint. THE ARBITRATOR: sure I connected the dots here. I just want to make The mayor himself
So
said to you he had heard -- I don't want to put words in your mouth. What did the mayor say to you? A He said the physical training was too extreme in
the recruit class, and I said I didn't believe it and I thought that but that I would look into it. THE ARBITRATOR: time frame? Can you give me a
Where does this -- where does this time
with regard to the councilperson who was in touch with you come in? A months. This was long prior to. Not long but several Goodness,
This was during the recruit class.
exact time period, I would say December. THE ARBITRATOR: You may proceed. BY MR. FERGUSON: Q So now we've got a councilperson and that's Thank you.
Eddie Perez was the mayor then? A Q okay? Yes. The same guy that's on trial now for corruption,
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THE ARBITRATOR: MR. FERGUSON: ascertain who it was. BY MR. FERGUSON: Q
Let's move it along.
I am trying to
So now we've got a councilperson complaining We've got the mayor complaining about
about Mr. Nolan.
Mr. Nolan and it's still your testimony in these proceedings that there's no politics involved? A There really is not. All I did was I went and
determined what was being done for physical training, and that's when I came to find out about the physical training test that he was getting ready to give the recruits. I
made the comparison and I said that is extreme physical training. You cannot retest recruits who have already
passed the CPAT and that's when I put an end to the test and that was the end of the complaint from the mayor. Q And you don't think it's ironic at all that
these three complaints were received in a period right before the, without regard to two weeks, right before the next recruit class? A class. That didn't take place right before the recruit I would estimate that took place prior to the next
recruit class. Q A The complaints against him? The complaints from the mayor.
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We're referring to all the complaints but they
all took place between, in the period of time between January and May, correct? A Q Approximately I'd say December and May. December and May. And it was clear that people
who were associated with the department and obviously had political connections -- re: Councilperson Winch and
obviously somebody else because they went to the mayor, were trying to get back into the class, four people trying to get into the new class, people that have been dismissed from one class trying to get into the new class, correct? A No. When the mayor brought the complaint to my
attention, those individuals hadn't been dismissed from the class yet. Q But what about subsequent when the three
complaints which prompted this hearing, the anonymous complaints, when they precipitated or were brought to your attention? A later on. Q A Q And that was prior to the new recruit class? That's true. And you wanted to put those people in the new Those complaints were brought to my attention
recruit class because you did, correct? A To a certain degree I wanted to but I mean it's
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just a matter of recycling them because they appear to -Q And you've already said that at least with
regard to Felicia Graves that it wouldn't be appropriate to have Nolan be the chief of training because you, quote/unquote -- he, quote/unquote, singled out and abused her as a recruit, correct? A Q So it appeared. So you wanted him out of the class; you wanted
him out of the training division? A No, that's not true. No, what I want to do is
simply if there's errant behavior, I just want to correct behavior and move on. Q All I want to do.
Assistant Chief Parker testified in these
proceedings that he was aware that Edsel Rodriguez had a relationship with Mayor Eddie Perez. A Q A Q HFD? A His father is a lieutenant in the Hartford Fire No. So you don't know what that connection is? No, I don't. But he's the son of a 23-year veteran of the Did you know that?
Department. Q To your knowledge does Aida Ramos through her
brothers -- withdrawn. Does Aida Ramos have relatives on the Hartford
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Fire Department? A Q A Yes. She has two brothers.
And does she have any connection to Mayor Perez? Not that I know of. I don't know. She may but
I don't know of any. Q And recruit Graves was also employed by the
Hartford Fire Department? A Q Yes. Are you aware of whether or not any of them
listed Eddie Perez as a reference on their application? A I don't recall if they put him down as a I used to read hundreds of I just don't recall.
reference or not. recommendations. Q
But you don't believe that politics was involved
in the decision to recycle these recruits? A Q No, not at all. I -Go ahead.
Was politics involved by your office or by the
office of Mayor Perez in determining who would be chosen in the recruit class in May '08? A Q No. Is a police background check one of the decisive
factors in hiring recruits? A Q Yes, it is. Do you remember a recruit chosen by the name of
John Thomas?
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Yes. MR. RAMOS: Objection. Basis?
THE ARBITRATOR: MR. RAMOS: this? MR. FERGUSON:
What's the relevance of
Disparate treatment.
If you will let me inquire a little. THE ARBITRATOR: this question. Just let me ask you
Is it disparate treatment regarding
the grievant or in some other situation? MR. FERGUSON: Both. I'll give you a
THE ARBITRATOR: couple of questions. relevant. Go ahead. BY MR. FERGUSON: Q A Q
We'll strike it if it's not
Do you remember John Thomas? Yes, I do. Isn't it true that his police background
information showed he had been arrested 23 times, had convictions of drugs, marijuana, failure to appear, operating an unregistered vehicle, three quality-of-life violations and being delinquent of child support? A I can't recall the details of his record but I
do remember him having some challenges and as is the case
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in most situations where people have a questionable background, there are all kinds of things you have to take into consideration. sometimes dismissed. Sometimes they have been nolled and There were an assortment of
circumstances related to his background. Q And Perez -MR. RAMOS: BY MR. FERGUSON: Q -- was listed as a reference for Mr. Thomas. THE ARBITRATOR: I am close to You Objection.
striking the testimony as not being relevant. can answer it and I'll strike the whole thing.
I'll give you two more questions. BY MR. FERGUSON: Q Is it true that John Thomas was also a paid
consultant to the mayor's previous campaigns? A Q I don't know that relationship at all. And Mr. Thomas is currently employed by the
Hartford Fire Department? A Q A Not to the best of my knowledge. Why not? He was terminated. MR. FERGUSON: seconds. THE ARBITRATOR: I am going to let the Give me a couple
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testimony stand but I want to be clear.
I'll be
looking -- I don't see a very clear connection to disparate treatment with regard to the grievance so the weight of the evidence is questionable. (A recess was taken at 11:09 a.m. and the hearing resumed at 11:12 a.m.) BY MR. FERGUSON: Q Moving on, with regard to past firefighter
discipline, is it true that you disciplined a number of firefighters over the years; is that correct? A Q A Q That's true. And you have terminated some, too? Yes. But it's fair to say that terminations have been
very rare during your tenure? A Q That's quite true. And do you recall a firefighter who pulled a
knife on a superior officer? A Q No. You don't. Do you remember an incident
concerning Lieutenant Carrasco and a knife-pulling incident? A Q Nelson. No, I don't remember this. Okay. That's fine. Let's move on to Fred
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You stated in earlier testimony you were unaware that Fred Nelson participated in the Big Climb prior? A Q Yes. According to Fred Nelson's affidavit from the
investigation you conducted, he clearly states to you that he participated in this event for several years. A Q I know it upon review of the affidavit but -So you weren't lying when you said that you were You forgot?
unaware that he participated. A Q Yes.
So somebody remembering something and lying are
not necessarily the same thing, are they, Chief? A Q That's quite true. Okay. Isn't it also true that when you
interviewed D.C. Nolan he clearly stated to you that Fred Nelson had participated in the event for several years prior to the start of the academy? A Q That I don't remember. Okay. Yet you clearly remember that his parents
could not afford to donate to this charity because they are from the poorer section of Hartford? A Q That I do recall. Are you aware that Fred Nelson's own testimony
that his parents donated to this specific event every year?
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A Q
No, didn't know that. Okay. Would that change your attitude about
them being from the poorest neighborhood not able to participate in charity? A Q No, it certainly would not. Were you telling an untruth when you testified
earlier that you were unaware of Fred Nelson's participation in the Big Climb? A Q A Q I was not telling an untruth. Okay. You just didn't remember?
Just didn't remember. And in previous testimony you stated it is
ultimately your responsibility to approve attendance at the academy, correct? A Q A Q It is my responsibility to what? Approve recruits' attendance at the academy? That's correct. And you approved Aida Ramos being part of the
academy, correct? A Q That's true. Did you interact with her physician to determine
whether she could ultimately do the job? A Q Not directly. You stated that it is the physician's You relied on the
responsibility to make the assessment.
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physician's opinion? A Q That's correct. So how did you make this determination if you
didn't discuss it with the physician? A Through the assistant chief of personnel in
labor relations. Q And you said that the physician indicated that
Aida Ramos, in her case it was safe for her to proceed? A Q That's what the physician said. You also testified that you made the doctor
aware of the rigorous responsibility of the fire academy? A Q A Q He was made aware of that. But you didn't do it? Not directly. And you didn't specifically provide the doctor a
list of the evolutions she would have to perform? A The information was relayed to the doctor, what
the duties of the position are. Q A By whom? Through the assistant chief of personnel and
labor relations. Q A Q this? Do you recall the doctor's name? No, I do not. But you had documentation and writing concerning
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A Q A
We did have documentation. And that still exists? I am not certain. I am under the impression
that it would be. couple of months. Q
I haven't been in that office in a
Are you aware of anything in writing to support You or the department
your interaction with a physician?
because you already testified you didn't personally do it? A I was made aware that we had received something
in writing that said she was cleared to return to work. Q Street clothes. The termination letter includes
a charge that D.C. Nolan jeopardized the health and safety of recruits by having them put their recruits in street clothes? A Q That's correct. Further you were not aware of this until the
graduation 14 weeks later? A Q A That's correct. How did you become aware of it 14 weeks later? There was a videotape showing the recruits
running in street clothes. Q And what action did you take on or about June 25
based upon your concern which is part of the termination against my client? A I attempted to locate the video so I could see
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it. Q A Q But you had already seen it at the graduation? (Nodding head in the affirmative.) Did you create or promulgate a regulation saying
it was against the department rules and regulations and a terminable offense for recruits to run towers in street clothes? A Q No. Okay. Now, part of that street clothes concern
as enunciated by you on direct was that a recruit who was physically injured could be removed from the class, correct? A Q That's correct. And has a recruit ever been removed from the
training class based upon actions by D.C. Nolan as a result of a physical injury? A Q I don't recall. So you don't recall. So you today say that even
one person was removed from a class as a result of a physical injury caused by Chief Nolan or any of the members of the department? A The answer is, I just don't know. More like 70. I would
estimate 100 people.
Seventy people went
through the training academy under his supervision so I honestly don't know what the specifics of their career
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were. Q Do you know of any recruit who was ever injured
as a result of running towers on the first day of class in street clothes? A No, not that I know of. MR. FERGUSON: questions at this time. We have no further
I am reserving my right with
regard to that portion of my cross that I haven't been able to do. THE ARBITRATOR: The record is clear
both on my ruling and with regard to my statement on the record today. Does the city have examination on this witness? MR. RAMOS: Yes.
REDIRECT EXAMINATION BY MR. RAMOS: Q Yes, Chief Teale. Now, you stated that you
received several complaints regarding what transpired at the academy with the class of October of '08. those complaints from the Union, correct? A Q That's correct. From Local 760. Do you know Local 760 to be Was one of
anywhere aligned in politics in the City of Hartford?
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A Q office? A Q
Not that I know of.
They act independently.
Do you know them to be in with the mayor's
No, I do not. Okay. Now, once you got those complaints who
did you refer those complaints to, to investigate? A Initially the Assistant Chief Parker of
personnel, labor relations. Q A Q And who was that? Michael Parker. Now, can you tell us a little bit about
Michael Parker and his relationship to Hartford politics? A None. He lives in West Hartford and does not
interact with politicians from Hartford. Q Do you know of any connection to Hartford's
neighborhoods, people in Hartford that would have made him a biased investigator? A Q No. Do you know him to have any animosity towards
Deputy Chief Nolan that would have caused him to make a ruling one way or another in this case? A No. MR. FERGUSON: a ruling. I object. THE ARBITRATOR: Rephrase. Object. He didn't make
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BY MR. RAMOS: Q What did assistant chief do in the conclusion of
his investigation, of his preliminary investigation? A Q Could you repeat the question, please? After Assistant Chief Parker conducted his
investigation, what did he do? A He put everything in writing and submitted it to
my attention. Q A And did he express any concerns or opinions? No, he did not. It was just what transpired and
then he sent it to my attention. Q Okay. Did he say anything with respect to the
issue of the truthfulness of Mr. Nolan's statements? A Q No, he did not. So that report does not contain anything that is
concerned -MR. FERGUSON: three times. MR. RAMOS: BY MR. RAMOS: Q Now, why did the investigation continue after All right. Asked and answered
Assistant Chief Parker made his findings, is what you would call them? A Q Yes. Why did it continue?
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The statements made by the recruits, then
probationary firefighters, conflicted with the statements made by the deputy chief of training. I sensed that there
were enough of the recruits making conflicting statements in unison to believe that there was a conspiracy at hand; that they were conspiring to do harm to the deputy chief of training. I have served in the capacity. I know how
vulnerable you can be.
I brought to the attention of the
director of human resources, Santiago Malave, this matter because I thought there was a conspiracy and if it was, it would be necessary to terminate 16 members of the department. Q Now, let me -- I lost my train of thought. So there is an investigation conducted by Assistant Chief Parker. investigations? A Assistant Chief Parker was there with two Precisely who, I just cannot Who was present through these
members of the union. recall.
And they would bring in the recruits and question
them and of course Deputy Chief Nolan. Q Do you know if Deputy Chief Nolan had union
representation when he was questioned by Chief Parker? A Q A Yes. So members of Local 760 would have been there? Yes.
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Did you make any effort what those efforts of
760 heard that day at that investigatory meeting? THE ARBITRATOR: question? BY MR. RAMOS: Q Have you made any efforts to try to ascertain Could you repeat the
what those two members of 760 heard at that meeting in Chief Parker's office? A Q A Q Yes, I did. And what response did you get? They refused to answer my questions. Thank you. Do you know who these two members of 760 were? A To the best of my recollection Vincent Fusco and
Scott Brady. Q union? A Q A Q knowledge? A Yes, he does. THE ARBITRATOR: Remember that first He's president of Local 760. And what is Scott Brady's position in the union? I'm sorry, I forgot. I am very sorry. And what is Vincent Fusco's position of the
Does he hold a leadership position, to your
day I said even the simplest questions you can't look
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to anyone else for an answer. A I wasn't looking. I am getting further and
further from the job.
I have got to be honest with you. It's almost over,
MR. FERGUSON: Chief. BY MR. RAMOS: Q A All right.
Why did you want to talk to them?
To ascertain from their perspective what
transpired in the office of Assistant Chief Parker during the interview of deputy chief of training Dan Nolan and the then probationary firefighters that were in that recruit class. Q letter. Now, let's discuss your administrative leave Did that administrative leave letter to Deputy
Chief Nolan contain any orders or directives to him? A Q Yes, it did. And I think you already testified but could you
briefly tell us what that was? A Essentially it pertained to his interaction with
his members of the department, attending department functions. MR. FERGUSON: Objection. That's not
what -- the thing speaks for itself. BY MR. RAMOS: Q It was in writing, right?
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A Q
Yes. It was not a verbal order. It was something in
writing, correct? A Q That's correct. Now, I just wanted to get that as background. I
want to ask you why specifically you told him not to, or ordered him not to contact members of the department? A My concern was that the individuals who would be
called into my office would not be able to give me the truth of what transpired; that their statements would be altered by comments, conversations that they would have had with deputy chief of training Dan Nolan. Q And do you know a recruit by the name of
Gary Sharkevich? A Q A Q A Q A Doggone! Yes, I do. And was he one of those recruits? Yes, he was. And do you know who Robert Sharkevich is? Yes, I do. Who is he? I think we're talking about the same person. I get them confused. I believe Robert is the
father or is that his uncle. Q Okay. Is there any family relationship between
Gary and Robert Sharkevich?
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A Q
Yes.
It's either his father or his uncle.
Do you know if Deputy Chief Nolan interacted
with Robert Sharkevich during the time when this administrative leave was in place? A he had. Q A Statements by who? By -- I'd rather not say but I just don't recall I believe there were statements in effect that
precisely who because I just don't recall exactly. Q Do you know if Robert Sharkevich was present at
the graduation ceremony? A Q Yes, he was. And that was a graduation ceremony also for
Gary Sharkevich, is that correct? A I believe it was. The confusion is I had a
Sharkevich in one recruit class and another one in another recruit class so I don't know which was which. I have had
literally over 350 recruits come through the training academy since I worked as a lieutenant and I get them confused. Q Now, if Deputy Chief Nolan had contact with
members of the Sharkevich family, would that be a concern to you during the time when he was on administrative leave? A Yes, it would.
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Q A
Why? Because I would be concerned about the testimony
provided by recruit Sharkevich. Q Thank you. Now, you stated that, did you use the word that there were allegations that the recruits were abused during the October 2008 class? A Q That's correct. Now, did those allegations play any part in your Is that correct?
decision to recycle some of the recruits that have been dismissed? A Q A Yes, it did. And why is that? It gets down to the psychology of the learning
process which is in fact covered on the National Fire Protection Standard on company officer. But in order for
a person to succeed in a learning environment, they have to feel respected and I felt these recruits felt particularly disrespected and weren't in a learning environment conducive to them learning. The conditions
were unusual to the point where I have never heard of anything like them, quite frankly, and I think they were, to put it mildly, distracted, very distracted from the learning process so I did want to see them get another chance.
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Now, during your time as chief, did you receive
discrimination complaints or lawsuits regarding recruits at the academy? A Q Yes. And having received those complaints, did that
play a part in your decision to recycle some of these recruits back into the academy? A Q No. No. Now, with respect to Felicia Graves, was her gender -- do you think she was treated any differently because of her gender? A Q A Q No. Was it a concern of yours that she was? Yes. And did that play a part in your decision to
allow her to come back to another class? A Q No, it did not. No, it didn't. With respect to -- moving now to the issue of the burn master. I want to get a clear explanation
because I don't know that you -- I understood -- what is the burn master? work? A Well, I am trying not to repeat myself but in What was the burn master and how did it
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essence, the process began according to the information brought to my attention. Once again, I am basing this on
a report from the Hartford Courant's supervisor of -Tina Brown and Eric Weiss were the individuals who wrote the very negative article about me in the Hartford Courant. So I asked to speak with their supervisor and he
explained to me details about the burn master process that I did not know, so I am bringing to you an explanation via his perspective. The process began as early as they could tell in 1964. Surrounding towns would be allowed to use the
Hartford Fire Department's training academy which was built for the purpose of providing regional training for firefighters; and the person who was instrumental in doing that was deputy chief of training at that time, William J. Kenny. So the purpose was to provide training There would have to be someone
throughout the region.
there to make sure that proper methods were used to conduct a live fire training. I have actually seen it
where people have caught the burn building on fire because they set fires on the third floor. The burn master would You have to set
have to say, You can't set fires there.
fires in the basement, and that's where they should be set. Not on the third floor because it would burn the It was made of wood. That
roof off the building.
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practice continued until the time I was a captain.
I know
for a fact because it took place while I was a captain. Then I became a deputy chief. practice but not very long. I continued with the
I had only served as deputy
chief for a few years when I was given the opportunity to become chief of the department. The -- when I was chief
of the department I was the acting chief of the department and it was my previous supervisor when I was a deputy chief of training who went to the media, at least according to this supervisor from the Hartford Courant, who went to the media and said when he was the deputy chief of training he was involved in a process called burn master, which I believe is against city policy. This
individual was doing this to destroy my ability to become the permanent chief of the department. When the
information was brought to the attention of the city manager, I was asked to explain myself. I said, Yes, I
did do that, and she indicated, Well, you will have to make full restitution, and I said, All right, I will, and I submitted in writing a letter indicating that I had engaged in the practice and that other people had engaged in the practice. I apologized for it. I had a check
attached to the letter of apology admitting what I had done and I even apologized for those other people who had engaged in the practice.
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I am trying very briefly to go through this whole process but with all honesty it lasted -Q I am trying to get for the record how is it that
the burn master was getting paid and what was the allegation of who paid the burn master? A The various towns had a representative that
would write a check to the various members of the department. Q A Q A Q training? A Q A Q That's correct. And you were actually working? That's correct. So it was deemed it was not appropriate for you For their work -Yes. -- at the fire academy? That's correct. And this was while the other towns were doing
to get an additional check from another town to do your work? A It must be understood we were off duty at this
time so it wasn't a double-dipping but a process by which, for example, during the late evening when we were off duty or on the weekends we were off duty, surrounding towns would ask if they could use the training academy which was
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the process since the beginning of training academy.
But
apparently sometime between when the training academy was made available to the region and when I became chief of the department, it became against city policy -- sometime between 1964 and 2000 it became against city policy and I walked right into it. Q Okay. So you weren't -- you were actually
performing work during this period of time that you were paid? A Q Yes. And you were not getting two paychecks at once
either for that? A No, no, that's not how it was working at all. I
was off duty. Q I just want to be clear. THE ARBITRATOR: you said. I think this is what
So if you were doing this you would get a
check from the Town of Newington, whatever it might be. A Rocky Hill. THE ARBITRATOR: And the check would
come from them and it would be in your name. A That's correct. THE ARBITRATOR: And you were there to
protect the training facility there -- they couldn't
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have been there without a City of Hartford firefighter person there? A That's correct. The biggest problem that we
had -- and once again the original purpose for that training facility was for the region to use it. The
biggest problem we had was people from surrounding towns in an attempt to getting real fire training experience would set fires all over the building and I can literally recall seeing the roof on fire. THE ARBITRATOR: A that. I understand that.
So we had to be there to keep them from doing So if we could not be there we said, I'm sorry, no That's the first
more training for surrounding towns.
time that's been the case since that facility has been built. THE ARBITRATOR: BY MR. RAMOS: Q Now I want to go back to the issue of the order Thank you.
not to contact members of the department. There was testimony regarding a letter or some sort of communications from Mr. Nolan to you regarding the September 11 memorial, correct? A Q That's correct. Was there ever any communication to you
regarding attending the graduation ceremony?
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A Q
No. When you asked him during the Laudermill, did
you specifically ask him about the graduation ceremony, do you recall? MR. FERGUSON: I am going to object.
I am not about to ask questions about Laudermill and I didn't on cross examination specifically and now he's bringing it up so if it's good for the goose, it's good for the gander. THE ARBITRATOR: from you first. Go ahead. MR. RAMOS: I just want to say I am Well, let me hear
not going to make reference -- what we can do just not to avoid all controversy is that if need be, because I don't think this question is essential at this point, if need be later on once that ruling is made, I'll have a chance to ask these questions so that way we don't get into any gray areas or controversies. THE ARBITRATOR: need to make any ruling here. MR. RAMOS: Is that fair? But I will Sounds to me I do not
not be precluded from asking the questions. THE ARBITRATOR: Let me be clear here
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that my ruling -- I hope I attempt to be even handed on all ends of this case. If we come back to the
issue of Laudermill as a result of a ruling or my own ruling on the transcription, obviously, both sides are going to get an equal opportunity at that particular point. MR. RAMOS: BY MR. RAMOS: Q Now, when you were in the position of deputy Understood. Fair enough.
chief of training, did you find that you had differences of opinion with the chief of the department? A Q Yes, I did. Did that cause you to lie to them in any way
during the course of that -- those differences of opinion? A Q No, I didn't do that. Do you think that because a deputy chief has a
difference of opinion from a chief he would be excused from telling the truth during an investigation? A You have to be truthful at all times to the best
of your ability. Q Would it exempt you from obeying a direct order
from the deputy chief? A Q No. You obey orders.
When you were deputy chief of training and you
had a difference of opinion with the chief, would you have
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disobeyed one of the chief's orders? A Q No. I obeyed the orders.
Do you know the -- are you familiar with the
concept in labor law of obeying now and grieve later? A Q A Yes. And what does that mean? Well, simply, I could have obeyed the order and
then filed a grievance afterward. Q For example, if you thought that your
constitutional rights were hampered, correct? A Absolutely. MR. RAMOS: Just quickly I am going
through some notes but I think I am pretty much done. THE ARBITRATOR: (Pause.) BY MR. RAMOS: Q pregnant? A Q A Now, can you dismiss a person because she's Can you dismiss her from work? No, I cannot. Why is that? That would be perceived as a form of Take your time.
discrimination. Q Would you assume that she cannot do the job if
she was pregnant? A I can't even make that evaluation.
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If someone asked that question that a woman If someone is
should be would that raise your suspicion? inquiring why you're not firing a -MR. FERGUSON: MR. RAMOS:
Objection.
I withdraw. It's not about firing
MR. FERGUSON: anybody.
THE ARBITRATOR: the question.
I didn't even hear
I heard words but I didn't hear what
it was actually saying. MR. FERGUSON: MR. RAMOS: He's withdrawn it.
I have withdrawn it.
I have nothing further. MR. FERGUSON: questions. THE ARBITRATOR: MR. RAMOS: Chief. Thank you. I have no further
Well, let me show the
chief some medical executions here. MR. FERGUSON: MR. RAMOS: questions. Whoa, whoa, whoa.
I said I was done with my
I have some medical excuses here which he If he doesn't, I'll
might recognize; he might not.
bring the appropriate person on the record at another time. MR. FERGUSON: Are they relevant?
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THE ARBITRATOR:
Hold it.
Let's be
Let's let the Union look at a copy of it.
Let's see if you have an objection of it. MR. FERGUSON: I have no objection. I
hope her perfect rights haven't been violated. I do have an objection to the third one which is 5/9/08. MR. RAMOS: personnel person. MS. COLLINS-CARABILLO: one letter be put in. MR. RAMOS: Shame on me. MR. FERGUSON: I don't think it moves If you want That's why she didn't make I did ask that Excuse me. Debbie is our
the case forward one way or the other.
to put them in except for the one that's after post-termination, I have no objection to these two, one of which you don't want to put in. MS. COLLINS-CARABILLO: I didn't want that one in there. THE ARBITRATOR: Okay. Right now as Right, because
with other things in this matter, the document has been shown to the Union, not been shown to the arbitrator. Let's give back that which the Union is
objecting to and let's give back that which the city
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would like to withdraw at this point. MR. RAMOS: point. THE ARBITRATOR: all of them at this point? MR. RAMOS: Yes. Yes. So we have nothing You're withdrawing I will withdraw it at this
THE ARBITRATOR: further? MR. RAMOS:
Thank you, Jim. You're welcome. Let me just say your There is a
MR. FERGUSON:
THE ARBITRATOR:
testimony for today is completed.
possibility that as a result of something unrelated specifically to your testimony today that there may be some questions to be asked of you as a result of that between now and at the next date of hearing or one of the next days of hearing. We have not
established specifically or confirmed the two possible dates, but they are August 11 and 24 that we are looking at, at this point and trying to confirm within next week or so. THE WITNESS: though. THE ARBITRATOR: but I am going to work hard. It is not definite That's not definite,
It may not be early
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until next week since today is Thursday but I'll do what I can to confirm those dates. MR. FERGUSON: Mr. Shrage, before he
leaves, based upon what I have just viewed without using them, I want to ask one more question on the record in the form of cross examination based upon previous direct testimony that was given by the chief. Just one question. THE ARBITRATOR: In light of the fact
that I was going to let them go forward with that after they closed.
RECROSS EXAMINATION BY MR. FERGUSON: Q Chief, do you recall on direct testimony stating
that you had no knowledge that Aida Ramos was pregnant prior to the start of the academy? A I'm sorry, I just don't recall. THE ARBITRATOR: Q Okay.
Well, the fact of the matter is, did you review
the medical records of Aida Ramos prior, or all recruits prior to going to the academy? A The information related to their medical history
is brought to my attention. Q Okay. So if there is in fact a communication
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from a doctor indicating the pregnancy of Aida Ramos, you would be aware of it? A That is correct. MR. FERGUSON: I would just like to
note for the record, and I hope they will agree so we don't have to put any records in, that one of those documents demonstrates that the city had knowledge in September of '07 that Aida Ramos was pregnant. believe that's what it says. MS. COLLINS-CARABILLO: talks about -MR. FERGUSON: Let's do it off the The one that I
record, but I want to protect my client's rights. THE ARBITRATOR: stand the way it is. I'll let the record
The chief has indicated what he
knows and any off-the-record conversation that the parties may want to have is fine and what they're bringing back to the arbitrator will be what they bring back to the arbitrator or nothing. record is what it is at this point. MS. COLLINS-CARABILLO: of that is unclear. THE ARBITRATOR: that way. speaking? Why don't we do it I think some So the
Do you have any objection for her
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Chief.
MR. FERGUSON:
No. The letter to The one
MS. COLLINS-CARABILLO:
which you are referring is dated November 1.
that says September just says that she is cleared for duty so I want to make that distinction. THE ARBITRATOR: Keeping in mind that
none of those records are in the record and we'll let the record stand. THE WITNESS: I am all set? You're all set,
THE ARBITRATOR:
(Witness excused.) THE ARBITRATOR: I know one person's
hands can definitely use a break and I'd like to keep the ball going here. I mean is 12:35 or so. Twelve-thirty is more
MR. FERGUSON: than enough time.
THE ARBITRATOR: about 40 minutes.
That will give us
Is that reasonable to the city?
We'll reconvene at that point and -MR. FERGUSON: witnesses today. We have three more
Hopefully we can get them done.
We'll try to get all three witnesses in and then with cross examination. THE ARBITRATOR: Thank you.
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 11:51 a.m.)
(A recess for lunch was taken at
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 last name? please? F R A N K
AFTERNOON SESSION 12:33 P.M.
C O S T E L L O , Called as a witness by the Union, having been first duly sworn by the Arbitrator, was examined, and testified on his oath as follows:
THE ARBITRATOR:
Before I ask you to
state your name, I have a reporter taking down a verbatim record. you. No nodding. Keep your voice up so she can hear If you want to say yes and if you
want to say no, say it because she can't take down hand signals or head shakes. Would you state your name for us,
THE WITNESS:
Frank Costello. Could you spell your
THE ARBITRATOR:
THE WITNESS:
C-o-s-t-e-l-l-o. Do you hold a
THE ARBITRATOR:
position with the City of Hartford? THE WITNESS: Yes. What is that?
THE ARBITRATOR:
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 training.
THE WITNESS:
Deputy chief of
THE ARBITRATOR: been with the department? THE WITNESS:
How long have you
Twenty-and-a-half years. How long have you
THE ARBITRATOR: been deputy chief of training? THE WITNESS:
About nine months. And just I am sure Can you
THE ARBITRATOR:
you will be asked these questions anyway.
give us a history of the twenty-and-a-half years? THE WITNESS: on, in January of 1990. Came out. Started as a firefighter
Went to recruit school.
Was a firefighter assigned to Ladder 1 on Spent a few years there. Moved on to
Pearl Street. Ladder 3.
Did a brief stint down at training. Was promoted
Helped with one of the recruit classes. to a driver of Ladder 3.
Promoted to lieutenant of
driving, line lieutenant, line captain, training captain and now deputy chief of training. THE ARBITRATOR: Thank you.
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 so? A Yes. BY MR. FERGUSON: Q A Q
DIRECT EXAMINATION
How long have you known Deputy Chief Nolan? Just over 20 years. So you have known him throughout your entire
career with the Hartford Fire Department? A Q A Q A Q A Q Yes. And you were firefighter privates together? Yes. And you worked on Ladder 1? Yes. And Ladder 3? Yes. During the 20 years you have known Deputy Chief
Nolan, has he been involved in charity work? A Q Yes. Has D.C. Nolan been involved in fund-raising for
department events? A Q Yes. You have participated yourself in one of them.
The Big Climb, correct? A Q Yes. And that goes back to when it began 15 years or
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Have you also assisted D.C. Nolan with regard to
fund-raising charity golf tournaments? A Q Yes. And you worked at the training academy during
the period of time that D.C. Nolan was deputy chief of training? A Q training? A Q Yes. And you understand that if he's successful Yes. And you have succeeded him as deputy chief of
today, he may end up getting his job back, correct? A Q Yes. And you understand that that may have an adverse
impact on you? A Q Yes. Okay. So you have nothing to be gained by
telling anything but the truth here today? A Q Correct. Do you recall assisting or D.C. Nolan creating a
fund-raiser for a fellow firefighter who was out of work for several months? A Q Yes. And do you remember D.C. Nolan addressing
members of the Emerald Society seeking support for a
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family in desperate need of financial support because their 16-month-old daughter needed a bone marrow transplant for a rare form of leukemia? MR. RAMOS: Objection. Relevance. We
don't even know this charity. issues. Emerald Society? MR. FERGUSON:
That's one of the
I claim it. Let's see if the
THE ARBITRATOR: connection is made. BY MR. FERGUSON: Q A
What's the the Emerald Society? The Emerald Society is a society made of Irish We have scholarship funds for
firefighters for the group. our members.
It's basically a social group that's made up
of Irish heritage firefighters. MR. FERGUSON: question. And I'll claim the
I'll repeat it again for the record. THE ARBITRATOR: All I am saying I'll
strike it if necessary. connection is there.
I am looking to see if the
Let's see if the connection is
made through analogy of the situation. BY MR. FERGUSON: Q Do you recall Deputy Chief Nolan soliciting
money from firefighters for the girl with leukemia? A Yes.
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Q A Q
Do you recall how much money was collected? Not offhand, no. Do you recall participating in dropping the
money off to the Connecticut Children's Hospital? A Q A Q Yes. And you did that personally? Yes. Do you believe that any of the charities that
you -- have been involved with Deputy Chief Nolan, that he received any personal benefit from? A Q No. Do you know other times when D.C. Nolan has
helped other people in similar circumstances? A Q Yes. Okay. What is your opinion of D.C. Nolan
regarding his character? A He's a very loyal, trustworthy type of person
that if you -- if he's your friend and you have a problem, he will be one of the first people out there to help you. Q Do you have an opinion with regard to
D.C. Nolan's integrity? A His integrity, he has the highest standards.
His integrity is unquestionable. Q A Do you have an opinion about his honesty? I have known him for over 20 years and has never
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seemed to be dishonest in any form or shape. Q With regard to your involvement in the training
academy under the aegis of Deputy Chief Nolan, do you believe the health and safety of the recruits were ever in jeopardy, were ever in jeopardy under D.C. Nolan's command? A Q No. Did you ever hear or do you have any knowledge
that D.C. Nolan used recruits for donations to charity in a quid pro quo fashion? A Q I have no knowledge of that. Do you have any knowledge -- and you were there
during the '07-'08 class? A Q A Q Yes. And you were there during the '04 class? No. Okay. Do you recall writing a fire service
regarding the performance of one of the recruits from the '07-'08 class? A Q Yes. Do you remember whose fire service -- what
person I am talking about? A Q That was recruit Felicia Graves. I am going to show you a document. THE ARBITRATOR: If you want to pass
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it through.
Is this something the city has seen? MR. RAMOS: He's seen it but we can
show it to him. THE ARBITRATOR: referring to? MR. RAMOS: Can I see it? It's the fire service Do you know what he's
MR. FERGUSON: regarding --
THE ARBITRATOR: currently in evidence? MR. FERGUSON:
And it's not
It's not.
I referred
to it in the original testimony concerning -- let me look. THE ARBITRATOR: Hang on one second.
Is this the same document that's been marked for I.D. as Union 6? MR. FERGUSON: It's not in. Why don't you use the
THE ARBITRATOR: opportunity now. BY MR. FERGUSON: Q A Q A Is that your e-mail? That's mine, fire service.
And that's your signature on it? Yes. MR. FERGUSON: Then I would offer this
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and make that a complete document. THE ARBITRATOR: MR. RAMOS: Any objection?
No objection. Union Exhibit 6 which
THE ARBITRATOR:
had previously been marked for I.D. is now in. (Union Exhibit 6: evidence - described in index.) BY MR. FERGUSON: Q You were present in early November when recruit Received in
Graves disobeyed a direct order in D.C. Nolan's office regarding her counseling? A Q Yes. Would any other recruit with Felicia Graves'
substandard performance and acts of insubordination been dismissed for such an order? A Q I believe so, yes. Do you believe that recruit Graves was fit to
become a firefighter? A Q No. You have been a training lieutenant previously
under former Chief Teale, is that correct? A Q Yes. During that time, were there individuals in
previous recruit classes who were dismissed for a variety of infractions?
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A Q
Yes. And were there individuals in the previous
recruit class under Teale while you were lieutenant who were recycled into following classes? A Q Yes. And was that in accordance with the wishes of
Chief Teale and yourself? A Q No. Do you believe that some of these individuals
should never have been allowed back in the Hartford Fire Department academy? A Q Yes. Despite Chief Teale and your objection to
recycling those recruits, they were allowed into the following recruit class, correct? A Q classes? A Q Yes. Do you honestly believe they should be on the Yes. Did these individuals pass the following
A Q
No. You're aware that Felicia Graves and Edsel
Rodriguez were invited back to the following recruit class?
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A Q A Q
Yes. Do you believe that was a correct procedure? No. There was some testimony in these proceedings
that a significant portion of punishment in the form of towers or that were the direct result of Graves' and Rodriguez's substandard performance? A Q A Yes, some of them were, yes. When you say some of them were, what percentage? Hard to put a number on it. Fifty percent,
60 percent. Q Fifty or 60 percent of all the towers run were
as a result of the substandard performance by recruits Graves and Rodriguez? A Q Yes. Do you believe that recruit Graves and Rodriguez
remained in their '07-'08 recruit class longer than they should have? A Q withdrawn. Do you know of any written protocol or department directives that state the amount of towers recruits are limited to climb or allowed to accumulate while in the academy? Yes. Did D.C. Nolan reduce towers for any reasons --
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A Q A Q
No. To this date is there any? No. Do you know of any written protocols or
department directives that state recruits are not allowed to participate in charities? A Q No. In fact there is protocol that does allow them
to be in charities? A Q Yes. Do you know of any written protocol or directive
that states that members of Local 760 regardless of rank can encourage firefighters or recruits to participate in charities? A Q No. Do you know of any written protocol or directive
that states recruits are not allowed to run towers in civilian clothes? A Q No. To your knowledge has anyone ever suffered any
injuries due to running towers or participating while wearing civilian clothes? A Q No. Other than the first day of class, do recruits
ever participate in PT and/or run towers in civilian
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clothes? A Q A Q A training. Q A Q A Q So he's under your aegis, right? Yes. And he was there in the '07-'08 class? Yes. In his testimony in these proceedings, he stated No. Do you know who Lieutenant Patterson is? Yes. And who is he? He's a lieutenant right now assigned to
that the '07-'08 class accumulated 150 towers from one run. A Q A Q Are you aware of that? No, I am not. Do you believe that to be true? No. What was the average amount of towers, if you
know, that the recruit class actually climbed in a day? A Q A Q Varied from day-to-day. And can you give me the parameters? Ten, 20. If Lieutenant Patterson stated that the minimum
amount of towers that the class climbed in a day were 30, the minimum number, do you believe that to be true?
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A Q
No. Do you know if -- Lieutenant Patterson also
testified that on certain days the class climbed 50 to 60 towers in one day. A Q A No. You're laughing. Why is that? We just don't have Do you believe that to be true?
It would take them all day.
time for that.
We have training -- that would take
literally all day; and physically, I don't think half of them would even be here alive today if they ran 60 towers. Q the class? A Q No. Did Lieutenant Patterson ever participate in any Did Lieutenant Patterson ever climb towers with
physical fitness with the class? A Q No. When you were a recruit -- this is you
personally 20 years ago at the academy -- were you required to run towers as a form of discipline? A Q Yes. Do you believe that D.C. Nolan has ever abused
his authority as a leader of a recruit class while you were at the academy? A Q No. You witnessed how D.C. Nolan commanded a recruit
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class? A Q Correct. Do you believe in any way, shape or form he
should be terminated by the way he conducted himself? A Q A No. Can you explain why? I felt he violated no rules or regulations of
the department that I was aware of and felt that his termination was uncalled-for. Q Well, we heard testimony today that Chief
Teale -- withdrawn. During the '07-'08 class, did Chief Teale come in and observe the class during the 14 weeks? A Q I can't remember. Can you recall him ever being there? MR. RAMOS: Objection. It's a follow-up Second
MR. FERGUSON: question.
The first is observing the class.
is, do you ever recall him being at the training academy? A I don't recall him, no.
BY MR. FERGUSON: Q Chief Teale testified today that D.C. Nolan Did
singled out and abused Felicia Graves in that class. you ever see that kind of abuse by D.C. Nolan?
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A Q
No. Former Chief Teale testified that he received a
call from the mayor of the city concerning that the physical training at the academy during the '07-'08 class was too much. Did anybody ever tell you that? Did
anybody ever complain? A Q A Q No. Do you think it was too much? No. Why is physical training including running
towers important as part of the training procedures at the academy? A Physical fitness is a very important part of Being able to work under stressful Ours is a
being a firefighter. conditions.
You have to be physically fit.
physically demanding job and being in top condition is not only important to yourself but also to the importance of your crew. Q Do you believe that politics were used against
D.C. Nolan in order to remove him from the academy? A Q A Yes. Why do you believe that? Because his removal was unfounded. I felt that
he didn't violate any rules or, that were stated at the time and that his termination was premature.
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You're aware that at least four members of that
class who were dismissed were recycled into a subsequent class, correct? A Q Yes. To your knowledge were any of those four
politically connected? A I would say possibly, yes. I don't know for
sure but possibly. Q against? A Q A Yes. Why? Again, just because the way he was terminated It lacked evidence and in my opinion Do you believe that D.C. Nolan was conspired
was just unfounded.
just lacked substance. Q Have you ever been approached by members of the
city or the Hartford Fire Department to participate in a charity? A Q Yes. Have you ever been disciplined for participating
in a charity? A Q No. Did you ever go out on the street as a member of
the department in uniform to solicit money for charity? A Yes.
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Q A
And were you ever disciplined for that? No. MR. FERGUSON: I have no further
questions.
CROSS EXAMINATION BY MR. RAMOS: Q A Q A Q Deputy Chief Costello? Yes. You know Deputy Chief Parker, correct? Correct. Do you know Deputy Chief Parker to be involved
in politics in the City of Hartford? A Q I have no idea. Is he swayed by politics in your experience in
the City of Hartford? A Q I have no idea. Do you know if he has any connection to the
mayor's office? A Q A Q Do I? Yes. No, I do not. Now, let me ask you, that fire service you wrote
that's in front of you; you were of the belief that Felicia Graves should be dismissed, correct?
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A Q
Correct. And you were made deputy chief subsequent to
making that recommendation? A Q Two years after, yes. In the interim between the time you wrote that
recommendation and when you were appointed, did the city take any adverse action against you? A No. MR. RAMOS: I have nothing further. Anything further?
THE ARBITRATOR:
REDIRECT EXAMINATION BY MR. FERGUSON: Q You were not the D.C. of training during the
class where Felicia Graves subsequently became a firefighter, correct? A Q A No, I was not. Somebody else was? Yes. There was an acting. MR. FERGUSON: questions. MR. RAMOS: Nothing further. Thanks. Thank you. No further
MR. FERGUSON:
(Witness excused.)
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W I L L I A M
K E R R ,
called as a witness by the Union, having been first duly sworn by the Arbitrator, was examined, and testified on his oath as follows:
THE ARBITRATOR: sit. THE WITNESS:
Just a note.
You can
Thank you. We have a reporter
THE ARBITRATOR:
here who's taking down every word said by everyone in the room so please keep your voice up and try to avoid nodding or using head motions to indicate an answer. She needs to have words come out so she can
put it down. THE WITNESS: Okay. Would you state your
THE ARBITRATOR: name for us, please. THE WITNESS:
William Kerr. Spell your last name.
K-e-r-r. Do you hold a
THE ARBITRATOR:
position with the City of Hartford? THE WITNESS: lieutenant. Yes, I am a training
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. FERGUSON: Q A Q A Q months.
THE ARBITRATOR: been a training lieutenant? THE WITNESS:
And how long have you
Since 2004, five years. And how long have
THE ARBITRATOR:
you, overall, been with the City of Hartford? THE WITNESS: Fifteen years and six
THE ARBITRATOR: have you held since starting? THE WITNESS:
And what positions
I started as a
firefighter at Ladder 4 and until being promoted to training, that was my position. THE ARBITRATOR: Mr. Ferguson? Thank you.
DIRECT EXAMINATION
You know Deputy Chief Nolan, right? Yes. How long have you known him? About between 15 and 16 years. So basically throughout your entire career at
the Hartford Fire Department? A Q Yes. Do you know D.C. Nolan to be involved in charity
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work? A Q A Q Yes, I do. And that's throughout your whole career? Yes. And has D.C. Nolan been involved in fund-raising
for department events? A Q Yes. Has he also assisted you or have you assisted
him in fund-raising charity events? A Q Yes, both. Have you ever felt coerced to participate in any
charity events that he worked in? A Q A Q charities? A Q A Q Yes. Has D.C. Nolan assisted you with that? Yes, he has. Do you know D.C. Nolan to help other people in No, I haven't. And you worked as a subordinate to him, correct? Correct. You also do some fund-raising for local
addition to standard charities that have problems? A Q Yes. What is your opinion of D.C. Nolan in regards to
his character?
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Very hard working, very conscientious
individual. Q honesty? A Q He's a very honest person. Do you have an opinion of D.C. Nolan with regard Do you have an opinion as to D.C. Nolan's
to his integrity? A Q Yes. He has a large amount of integrity.
Do you believe that as the training chief he had
the best interest and welfare of others and the fire department in mind? A Q Yes, I do. Do you believe that the health and safety of
recruits were ever in jeopardy while under D.C. Nolan's command? A Q No, I do not. Are you aware that towers were used as a form of
discipline at the class? A Q Yes. Okay. And do you recall how many towers the
recruits would run in a single day? A Q A Q Not exactly. Can you give me a range? I would say anywhere between 10 and 15. Do you ever recall firefighter recruits running
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75 towers in a day? A Q A Q A Q No. Sixty towers in a day? No. Thirty towers in a day? No. Are you familiar with the allegation in this
case that Deputy Chief Nolan offered reduction in discipline based upon participation in charity events? A Q Yes. That's what I've heard.
Do you, from your personal knowledge, know that
to be true? A Q No. Chief Nolan stated in earlier testimony that
D.C. Nolan used recruits for donations for charity in a quid pro quo fashion. In other words, they would receive
more towers if they didn't volunteer to participate in the charity. Do you know that to be true? THE ARBITRATOR: the question? BY MR. FERGUSON: Q Chief Teale stated in earlier testimony that Why don't you repeat
D.C. Nolan used recruits for donations for charity in a quid pro quo fashion. In other words, they would receive
more towers if they did not volunteer to participate in
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charity. MR. RAMOS: that. THE ARBITRATOR: Say the last part Objection. He didn't say
again, Mr. Ferguson, that they would receive less towers. BY MR. FERGUSON: Q They would receive less towers if they
participated in a charity, and do you believe this to be true? A Q No. Were you aware that during the '07-'08 class
that there were recruits with severe substandard performance regarding fire ground evolutions? A Q A Yes, I was. Which recruits were they? There were a couple of firefighters: Graves and
firefighter Rodriguez. Q Do you believe recruit Graves was fit to become
a firefighter? A Q A No, I do not. Is that based on your training responsibilities? Yes. THE ARBITRATOR: Let me just
interject, the record will speak for itself as to
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what the chief said.
So we can compare it later. I may have misstated it That's why
MR. FERGUSON:
because he was talking about reducing it. I restated it the way I did. THE ARBITRATOR:
I think in light of
the weight of this, I don't think it's going to matter. We'll come back to it later.
BY MR. FERGUSON: Q Do you believe that recruit Graves, based upon
her performance while you were at the academy, deserved to be allowed back into the Hartford fire academy? A Q A Q A No, I do not. Do you believe she should be on the job today? No. Why not? Because I don't feel she's capable of doing the
What contact do you have with Graves since she
left the training academy? A Whenever they're called down to training which
could be once or twice a month. THE ARBITRATOR: trainings? A Yes. We keep ongoing training. THE ARBITRATOR: You may proceed. So subsequent
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BY MR. FERGUSON: Q Would it be fair to say that a significant
number of towers were handed out to the class as a result of the substandard performance of recruits Graves and Rodriguez? A Q Yes. I feel they were.
Do you believe that recruits Graves and
Rodriguez remained in the recruit class longer than they should have? A Q Yes. Do you believe that the number of towers that
were handed out would have been significantly less if those two had been dismissed from the class in a timely manner? A Q Yes. I feel they would have been less.
Do you know of any written protocols or
department directives that state the amount of recruits are permitted to climb while at the academy? A Q No. Do you know of any written protocols or
department directives that state that recruits are not allowed to participate in charities? A Q No, I do not. Do you know of any written protocol or
department directives that state that members of Local 760
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or rank can encourage or discourage firefighers from participating in charities? THE ARBITRATOR: again? BY MR. FERGUSON: Q Do you know of any written protocol or Could you repeat that
department directives that state that members of Local 760 regardless of rank can encourage or discourage firefighters from participating in charities? A Q No, I don't. Do you know of any written protocols or
department directives that state recruits are not allowed to run towers in civilian clothes? A Q No, I don't. To your knowledge is there anybody while you
have been at the academy been injured while wearing civilian clothes? A Q No. Were you at the academy the first day of the
recruit classes on October 22, 2007? A Q Yes, I was. Did D.C. Nolan ask you and Lieutenant Patterson
to have recruits park their vehicles on the north side of the facility? A Yes.
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Q A Q
To keep the center of the training ground open? Yes. In earlier testimony Lieutenant Patterson stated
that D.C. Nolan ordered him to have the group be hazed with physical exercise while parking their cars. knowledge did D.C. Nolan give such an order? A Q A Q A Q No. No, he did not? No, he did not. And you were there with Lieutenant Patterson? Yes, I was. Did Lieutenant Patterson haze the recruits with To your
exercise of his own free will? A Q I feel he did. In earlier testimony Lieutenant Patterson stated
that the class accumulated 150 towers just after finishing a run. A Q Do you believe this to be true? No. Typically was Lieutenant Patterson even on site
when people completed a run? A Q No. I already asked you this. In earlier testimony
Lieutenant Patterson stated that the minimum amount of towers the class climbed in a day was 30. amount. Do you believe that to be true? The minimum
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A Q towers? A Q
No. Can you think of one day when they ran 30
No, not offhand. Okay. Lieutenant Patterson also testified that
on certain days the class climbed 50 to 60 towers in one day. Can you think of even one occasion when that
happened? A Q A No. I don't feel it could have happened.
Why not? Because first of all we only give them an hour
for PT in the morning and our schedule is so tight that that would take up over half a day to do 70 towers if they were to finish them. Q the class? A Q activity? A He would drive the Expedition behind the people No. Did he ever participate in physical fitness Did Lieutenant Patterson ever climb towers with
that were running. Q A Q But he never actually participated? No. When you were a recruit at the academy were you
required to run towers as a form of discipline?
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A Q recruit? A Q
Yes. Was Chief Teale an officer when you were a
Yes, he was a captain. To your knowledge did the 2007-08 recruit class
receive less or more PT compared to when you were a recruit at the academy? A Q I think it was about the same. Okay. Do you believe that D.C. Nolan has ever
abused his authority as leader with the recruit class while you were at the academy? A Q No, I don't. You witnessed how D.C. Nolan commanded the
recruit class, correct? A Q Yes, I do. Do you believe in any way, shape or form that he
should have been terminated by the way he conducted himself as leader of the training academy? A Q A No, I don't. Why is that? Because I feel the class got a great experience.
They became very good firefighters and quite honestly, the way the whole thing happened, it seemed like the city was just in a rush to get them out before the next class came. Q And do you have -- do you have any -- withdrawn.
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Have you ever been approached by members of the city or the Hartford Fire Department to participate in a charity? A Q A Q Yes. Other than Dan Nolan? Yes. Did you ever go out on the street as a member in
uniform -- member of the Hartford Fire Department in uniform to solicit money for charity? A Q A Yes. Were you ever disciplined for that? No. MR. FERGUSON: questions. THE ARBITRATOR: MR. FERGUSON: BY MR. FERGUSON: Q There was some testimony from Chief Teale today All set? I have no further
One more question.
that Felicia Graves was singled out by Deputy Chief Nolan and basically harassed during her 14 weeks in the academy. You were there every day, correct? A Q A Q Yes, I was. Do you believe that to be true? No, I don't. Do you remember seeing Chief Teale during the 14
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weeks observing the class? A No, I don't. MR. FERGUSON: questions. Okay. No further
CROSS EXAMINATION BY MR. RAMOS: Q You brought up something important. In the
training academy, you do subsequent training and once a person, employee becomes a firefighter, you continue to conduct trainings, correct? A Q Yes. And you conduct trainings of those things, the
skills that are important for a firefighter, correct? A Q on track? A Q A Q A Q Uh-huh. Do they ever come back and run towers? To my knowledge, no. Do they come and do 10 towers? Do they what? Do they get an order to grab -- do they grab a Correct. So they're like refresher courses so they stay
group of employees from -- they don't do that, right? A No.
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Do they make them -- say company X is going to You have been
come today and we're going to run.
firefighters for five years; we're going to make you run to Riverside Park and back and see how fast you run? A Q A No. They never do that, not once in your career? Not once there on the job that I have seen. MR. RAMOS: Nothing further. THE ARBITRATOR: MR. FERGUSON: Anything further? Thank you very much.
No further questions. Thanks.
THE ARBITRATOR:
(Witness excused.) (Short recess.)
M I C H A E L
J U D A ,
called as a witness by the Union, having been first duly sworn by the Arbitrator, was examined, and testified on his oath as follows:
THE ARBITRATOR:
And just to tell you
that we have a reporter here taking down verbatim what each of us says so keep your voice up and use words, not shaking your head up or down, et cetera.
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THE WITNESS:
Okay. Would you state your
THE ARBITRATOR:
name for the the record, please. THE WITNESS: Michael Juda. Spell your last name.
J-u-d-a. And are you employed
THE ARBITRATOR: by the City of Hartford? THE WITNESS:
Yes. And what position?
THE ARBITRATOR: THE WITNESS: in the suppression division. THE ARBITRATOR:
I am a fire lieutenant
And how long have you
been with the City of Hartford Fire Department? THE WITNESS: Sixteen years. And can you just
THE ARBITRATOR:
briefly tell us a starting point and so on in terms of position? THE WITNESS: I started in 1994. Most
of my career I have been in suppression.
At three
different points in my career I was assigned temporarily to the training division to help train recruits in recruits classes in the years 2000, 2003 and 2007. State certified instructor. And that's
one of the reasons why I was asked to go down and
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help train classes. THE ARBITRATOR: Your witness.
DIRECT EXAMINATION BY MR. FERGUSON: Q Additionally, Lieutenant Juda, prior to being an
officer in the Hartford Fire Department or member of the Hartford Fire Department, you held another position in the City of Hartford? A Yes. THE ARBITRATOR: A Police officer. And what was that?
BY MR. FERGUSON: Q A Q And how long were you a police officer? From 1968 to 1993. So you have a distinguished career in the --
retired from the Hartford Police Department? A Q Yes, I did retire from the police. Have you known D.C. Nolan throughout your career
with the Hartford Fire Department? A Q Yes. And did you know him prior to that when you were
at the Hartford Police Department? A Q Yes. So is it fair to say you have known D.C. Nolan
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for over 20 years? A Q Approximately, yeah. Did you know D.C. Nolan to be involved in
charity work back in those days? A Q Yes. Has D.C. Nolan always been a go-to guy for
fund-raising events? A Q That would be a fair characterization. Do you know D.C. Nolan to help other people who
have been burdened with unfortunate circumstances? A Q Yes. What is your opinion of D.C. Nolan with regard
to his character? A I have no problems with his character. I think
he's a helpful guy willing to extend a hand to someone. Q honesty? A I have never found him to be anything but honest Do you have an opinion with regard to his
when I have been dealing with him. Q integrity? A Q classes? A Yes. No problems at all. And you worked with him at least three training Do you have an opinion of him as a person of
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Do you believe that D.C. Nolan always had the
best interest and welfare of the fire department in mind when he was the D.C. of training? A Q Yes, I do. Did you volunteer to be -- well, you have
answered this. Do you believe the health and safety of the recruits was ever in jeopardy while under D.C. Nolan's command while you were in the academy in any of the three classes you testified you were at? A Q correct? A Q Yes, it does. Did D.C. Nolan treat the 2007-08 class any No. And that includes the recruit class of '07-'08,
differently than previous recruit classes? A Q No, no different. Did D.C. Nolan -- did D.C. Nolan assign towers
to the class on any given day? A Q Sure. Okay. Different days. For all three classes.
Do you recall D.C. Nolan requesting the
recruit class to participate voluntarily in different charity events? A I don't remember specifically hearing him I was generally aware that there was some
request that.
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talk of being involved in the stair climb for leukemia.
wasn't involved in it myself so I don't have any firsthand knowledge of that. Q Were you aware that D.C. Nolan assigned towers,
either more or less, based upon participation in charities? A Q No. You wrote a fire service regarding the
performance of one of the recruits from the '07-'08 class. Do you remember the fire service I am talking about? A Q Yes. I want to show you a copy of it and ask you if
that's your work product? THE ARBITRATOR: well? Is this Union 7? MR. FERGUSON: I think it is. I am Is this one in as
going to try to get it fully qualified. BY MR. FERGUSON: Q A Q A Q A And that document is dated January 18, 2008? Yes. And it's your work product? Yes, it is. That's your signature on the second page? Yes, it is. MR. FERGUSON: I would offer it.
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THE ARBITRATOR: MR. RAMOS:
Any objection?
No objection. Union 7 which had
THE ARBITRATOR:
previously been in for identification is now in as a full exhibit. (Union Exhibit 7: evidence - described in index.) BY MR. FERGUSON: Q You were present when recruit Graves disobeyed a Received in
direct order from D.C. Nolan? A Q Yes. Would any other recruit other than Felicia
Graves with that kind of performance and insubordination been dismissed? A Q Academy? A Q Yes. Have you given instruction to recruit classes at I believe so, yes. Are you a certified instructor at the State Fire
the state academy? A Q Yes, I have. Have you also participated in physical training
of recruit classes at the state academy? A Q Yes, I have. As a professionally certified instructor, what
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was your assessment of Felicia Graves as a recruit at the Hartford Fire Department academy? A I believe that she came to the academy
unprepared to participate in the physical fitness aspect of what we needed to do and that she was having difficulty keeping up with some of the physical fitness training and also some of the training evolutions which involved some degree of physical fitness which was starting saws and handling ladders and stuff like that. Q Do you believe she was fit to become a
firefighter? A No, not from the performance that she was doing
when I was there. Q Now, there's been a lot of testimony during
these proceedings regarding the fitness run at the end of the day. A Q Were you involved in that at all? Yes. Okay. And would it be fair to say that with
regard to the other recruits, that Felicia Graves received preferential treatment? A Q run? A Q Sometimes she did, yeah. And nobody else did? No. Did she get a head start at the start of the
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A Q
No. And did she get a head start after they made the
turn-around to go back? A Different runs were set up different ways.
Sometimes a head start would be at the beginning. Sometimes there would be a point in the middle where everybody would collect together again and go through a series of calisthenics and then another head start and then the finish. Q And would it be fair to say she would get a head
start and the rest of the class would go a few minutes later and then finally when Chief Nolan participated he would go last? A Q together. A Q A Q Yeah, that's what happened several times, yeah. So it was never a case everyone started off She would always go ahead of everybody else? Not always but sometimes. Sometimes? Yeah. Are you aware that in the '07-'08 recruit class
there were other individuals other than Graves who were dismissed for a variety of infractions? A Q Yes. And do you believe that some of these
individuals should have been allowed back in the HFD
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academy subsequently? been? A Q A
Do you believe they should have
I don't believe they should have been, no. Why is that? Because of their performance. Their performance
was substandard either academically or doing the training evolutions on the drill ground or physical fitness or any combination. Q A Did these individuals pass the following class? I wasn't there for the following class. I do
understand a couple of them were in the following class and didn't pass. Q Do you believe they should be on the job based
on your experience with them? A Q Based on the way when I was there, no. Do you believe with regard to the '07-'08 class
Graves and Rodriguez remained in the class longer than they should have? A Q Yes. To your knowledge did D.C. Nolan reduce towers
for reasons other than participating in charity events? A Q A For reasons other than participating? Uh-huh. No. The only thing with the towers was if they
did some other physical training thing related to running
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or towers, he would take towers off if they excelled at doing better on a run or something to that effect. Q A What about good classroom performance? Honestly, I don't recall if there was a
correlation between the two. Q Do you know of any written protocol as a
department director that states the amount of towers that recruits are limited to or run at the academy? A Q There are none. Do you know of any written protocol or
department directive that recruits are not allowed to participate in charities? A Q No, I don't. Do you know of any written protocol or
department directives that state you or Local 760 are prohibited from encouraging firefighters or recruits to participate in charities? A Q No, I am not. Do you know of any written protocols or
department directives that state that recruits are not allowed to run towers in civilian clothes? A Q There are none. To your knowledge has anybody suffered any
injury due to wearing civilian clothes? A No. As a matter of fact, training using the
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towers and the stairs and training firefighters, we have been doing the stairs in full turn-out gear carrying upwards of 50 or 60 pounds of equipment. That's a lot
more difficult than negotiating the same stairs in civilian clothes which we all do every day. Q In earlier testimony Lieutenant Patterson
stated -- and you know who he is? A Q Yes. In earlier testimony in these proceedings
Lieutenant Patterson said that the class accumulated 150 towers for one run. A Q Do you believe that to be true?
I believe that to be maybe an exaggeration. What was the amount of towers the recruit class
actually climbed in one day? A I never counted but I would have to say on Some
average between 10 and 15, maybe less some days. days none because we were too busy. curriculum to cover. Q
We had a whole
In earlier testimony Lieutenant Patterson stated
the minimum amount of towers the class climbed in a day was 30. A Q A that much. Do you believe this to be true? No. I think that's a little high.
Can you think of one day when they ran 30? Probably not. I couldn't pinpoint when they did
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Lieutenant Patterson said on certain days the
class climbed 50 or 60 towers in one day? A Q I don't believe that to be true. How long do you think it would take 50 or 60
towers to complete? A shape. Q happened? A No, not that much. Nobody was ever doing towers And you can't think of one time when that Over an hour and that's for people in good
for that length of time. Q the class? A Q Not that I saw. Did Lieutenant Patterson participate in any Did Lieutenant Patterson ever climb towers with
physical fitness activity with the class? A Q A Q No. Now, you went through the academy yourself? Yes, I did. And who was in charge of the academy when you
went through it? A Chief of training was Wayne Bindus (phonetic)
and Charles Teale was the captain of training when I went through. Q Did you run towers when you were there?
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A Q A
Yes, we did. How many did you run? We ran, depending on the day, between 10 and 20.
The current chief of training, Frank Costello, was also a detailed instructor from the time I was in the academy along with retired Lieutenant Cornell Murray and they did most of the PT training and we did a lot of runs and a lot of towers. Q So while Chief Teale said he never had anyone
run more than six towers in one day? A Chief Teale was primarily on ladders and some Chief Teale wasn't directly involved in Now, perhaps
other evolutions.
the physical fitness part of the training.
the six towers he might be referring to would be something that were given to somebody as a corrective measure, they were doing wrong on the drill ground but as far as PT training, we did way more than that. Q Okay. Do you believe that D.C. Nolan ever
abused his authority as a leader while at a recruit class while at the academy? A Q No, I don't. You witnessed how D.C. Nolan commanded a recruit
class, correct? A Q Yes. Do you believe in any way, shape or form he
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should be terminated by the way he conducted himself and what you saw? A Q No. Do you believe that politics were used against
D.C. Nolan in order to remove him from the academy so that recycled recruits and politically connected candidates could receive positions on the Hartford Fire Department? A I am not really involved in politics. I would
be speculating if I thought about politics; but in comparing two things that I have been asked about here which is physical training and involvement in raising money for charities -THE ARBITRATOR: intervene here. I am going to
You have indicated -- the question You have indicated you don't
was about politics.
really have any knowledge of that. THE WITNESS: is no. THE ARBITRATOR: different question. MR. FERGUSON: BY MR. FERGUSON: Q Are you aware of the reasons that Deputy Chief Okay. Follow up with a Okay. Then the answer
Nolan is being terminated? A The only two I am aware of are the two I am
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being questioned about. Q Do you believe he should be terminated based on
those reasons? A Q On those two, no. Do you have any other independent reason why he
should be terminated? A Q No. Have you ever been approached by members of the
city or Hartford Fire Department to participate in a charity? A Q Yes. Have you ever been disciplined for participating
in a charity? A Q No. Did you ever go out in the street as a member in
uniform of the Hartford Fire Department to solicit money for charities? A Q activity? A Q No. Felicia Graves according to Deputy Chief Teale Yes. And have you ever been disciplined for such
was singled out and treated disparately during her 14 weeks under the command of the training division. Did you
ever see her being treated that way, differently than
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anybody else? A No. As a matter of fact as you had stated
earlier, she may have been given a little bit of extra leeway during some of the physical training to allow her to make up for some of the difficulty she was having on the runs. Q But other than that, no. Final question Mike, Lieutenant Juda, sorry.
Have you ever been approached by the department or the chief or anybody with regard to participating in the United Way? A year. That's something that's done citywide every It's distributed throughout all the city
departments to fill out forms and send them back in to central payroll so you can put down whatever you want for direct deduction from your payroll to United Way. MR. FERGUSON: questions. THE ARBITRATOR: you. Anything for this witness? MR. RAMOS: I have no questions. Thank you. Thank Thank you. Thank I have no further
THE ARBITRATOR: you, sir. MR. FERGUSON:
Thanks, Mike.
(Witness excused.)
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1:36 p.m.)
THE ARBITRATOR:
Okay.
By earlier
understanding it appears that we've actually made some good progress today with Chief Teale and the first three witnesses for the Union. I'll do my best
to confirm through the American Arbitration Association the dates. to confirm the dates. Again, I am hoping to be able The time I'll do 8:30 unless I
am coming from another case where I am staying overnight and then we'll start at ten but I'll do what I can. I'll also contact the parties regarding
the availability prior to that. Thank you all. (The hearing was adjourned at
175
CERTIFICATE
I hereby certify that the foregoing 174 pages are a complete and accurate computer-aided transcription of my original Stenotype notes taken of the Arbitration hearing in the Matter of: CITY OF HARTFORD -AND- IAFF,
LOCAL 760, held before HARVEY SHRAGE, Arbitrator, and before Cheryl S. Damato, Certified Court Reporter/Notary Public in and for the State of Connecticut, held at the law offices of Ferguson & Doyle, 35 Marshall Road, Rocky Hill, Connecticut, commencing at 8:47 a.m. on Thursday, June 10, 2010.
____________________________ Cheryl S. Damato Court Reporter-Notary Public
My Commission expires: December 31, 2013
176
I N D E X
WITNESS Charles Teale, Sr. Frank Costello William Kerr Michael Juda
DIRECT
CROSS 6
REDIRECT 99 142
RECROSS 120
126 144 159
141 156
JOINT EXHIBITS (Received in Evidence) EXHIBIT NO. 8 DESCRIPTION PAGE 4
Ruling of 6/8/2010 ....................
177
UNION EXHIBITS (Received in Evidence) EXHIBIT NO. 8 6 7 DESCRIPTION PAGE 62 132 163
E-mail ................................ Memo from Costello, 1/22/08 ........... Document from Duda, 1/18/08 ...........

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AMERICAN ARBITRATION ASSOCIATION * * * * * * * * * * * * * * * * * In the Matter Between: * * CITY OF HARTFORD * * -and* * IAFF, LOCAL 760 * * * * * * * * * * * * * * * * * *

June 10, 2010

HELD BEFORE: HARVEY M. SHRAGE, Arbitrator

CHERYL S. DAMATO/COURT REPORTING SERVICE

CHERYL S. DAMATO/COURT REPORTING SERVICE

No objection. I believe this is my

THE ARBITRATOR: original of it.

Let me just pass it off to both

CHERYL S. DAMATO/COURT REPORTING SERVICE

Chief, good morning. THE ARBITRATOR: Actually, since it's

And again, just to

CHERYL S. DAMATO/COURT REPORTING SERVICE

THE ARBITRATOR: THE WITNESS:

recruit class was in session, the one that began in

CHERYL S. DAMATO/COURT REPORTING SERVICE

I didn't receive any complaints with

regards to fund-raising. Q So since 2008 if it's such a problem, why didn't

with Dan Nolan. problem. Q

Right, but at that point when you realized there

actually declined to pursue the position.

CHERYL S. DAMATO/COURT REPORTING SERVICE

He discussed the matter with me and did ask if

about him becoming an assistant chief.

didn't have to offer him the position, correct?

wouldn't have had to offer the -- you're not required to

CHERYL S. DAMATO/COURT REPORTING SERVICE

very rare occasions, I have promoted No. 2.

involvement in local charities? A That I don't recall. To be very blunt, whenever

CHERYL S. DAMATO/COURT REPORTING SERVICE

charities to the best of their abilities.

I don't remember it but it was professional.

All right. Do you normally visit people in the department's

CHERYL S. DAMATO/COURT REPORTING SERVICE

for a party? A I believe I did. I had a party for all of the

Did you and your wife ever attend a Jack and

CHERYL S. DAMATO/COURT REPORTING SERVICE

Is it normal that you would go to a Jack and

somebody is getting married. remember going to a shower? A I believe I do.

I am not entirely certain.

Sir, I have to tell you, over ten years I

I am just asking you questions based If you don't

CHERYL S. DAMATO/COURT REPORTING SERVICE

I am trying to answer the It's just that I don't

questions honestly and accurately.

period that he served as deputy chief of training.

You're asking me about one party

CHERYL S. DAMATO/COURT REPORTING SERVICE

honesty I was surprised to see him there. with him.

It was to be with some other friends.

He was just at the nightclub

CHERYL S. DAMATO/COURT REPORTING SERVICE

And you don't recall you and Nolan going out to

CHERYL S. DAMATO/COURT REPORTING SERVICE

CHERYL S. DAMATO/COURT REPORTING SERVICE

related to Felicia Graves? A Q Okay. Who was responsible for approving

I can recommend her dismissal or recommend that

CHERYL S. DAMATO/COURT REPORTING SERVICE

And would you agree that those are all

CHERYL S. DAMATO/COURT REPORTING SERVICE

lieutenant? A Q Yes. And he also has worked as a training officer at

CHERYL S. DAMATO/COURT REPORTING SERVICE

through the academy? A I believe I was. I don't recall if I was

flexibility, bench press? point. A Q Yes.