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    Ferro Decision

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
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    7K views12 pages

    Ferro Decision

    Uploaded by

    Anonymous 3cOviHTin
    Ferro Decision

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
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    ‘STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS CITY OF PROVIDENCE FIRE DEPARTMENT TRIAL BOARD PROVIDENCE, SC, Firefighter Ande Fert 1 TRAVEL ‘On May 10, 2017, this mater wat convened for heating before the City of Providence Fire Department Thal Board pursuant t the Publi Laws ofthe State of Rhode Inland and he rules ofthe City of Providence Fie Depart. A subsequent heaving was bold on My 23, 2017 ‘The Tal Board is comprised of the Probate Judge of the City of Providence, the Honorable John E. Marne, Chairperson, the Director of Human Resources, Sybil F. Bailey, and Elaine Richards, Acting Chief of Operations.! The City was represented by Vingent F. Ragosta, J, Esq and the Firefighter and Union were represented by Haward C. Roy, Fog, ‘The hearings were conducted to determine whether Firefighter Ando Fero (*Fero”) should be terminated at a member of the Providence Fire Department with forfeiture ofall benefits and entitlements thereto. The Commissioner of Public Safety Steven M. Paté prefers the charges that are he subject matter ofthe instant hearing. See ity Exhibit 2. These charges were appropriately served upan Pero, who acknowledged reeipt by signing sald charges on May 2, 2017. "hs. Richards was appointed asthe Acting Chief of Operations for the purposes ofthe Tri Board by the Mayor ofte City of Providee, Jorge Elza, ina eter dated May 9, 2017, Soe City Es “The charges allege that Feo violated the Rules and Regulations ofthe Providence Fie Department by making en “inappropeate and unprofessional commen to an Afian-Amercan ‘woman named Naomi Brook. Spesfly, on March 15,2017, Peto advised Mi. Brooks and ‘or randaughtr Elan, ht Mi. Brooks shoul “atop eating red chicken.” ‘At the hearings, all witnesses were sw, ad each pty had the opportunity to reent tetinony, evidence, and cross examine ll witnesses, Several witnesses tested including: Ms lan Brooks, Mr. James Vincent, Firefighter Nell Chonchio, Fighter Joseph Mortna I, Firefighter BE Fallon, n INGsOr ‘After due d eration, the ‘Thal Boar, by fir preponderance of the evidence, makes the following factual findings Foro'semploytent with the Providence Fire Deparment became the subject of an ‘Arbitatin flowing ths issuance of General Onder No. 76, which terminated Petro for a Violation ofthe Sexual Harassment policy and the issuance of judgment and onder ofthe Teal Bound. On November 2, 2008, Fero was reinstated asa Providence Firefighter a a result of en Arbitration Award and a Last Chance Agreement. Ses City Exhibit 5; se al Joint Exhibit 6, Ferro served what amourted! to a dstplinary suspension for a period of approximately one year and wos required to undergo sexual harassment tiining within six (6) months of his reinstatement. Joint Exhibit 6 Incident (On Match 15, 2017, at approximately 7:00 pim., Providence Fre Department Engine 3 responded to @ medical ella an apartment on Dodge Sttet, See Transstpt of May 10, 2017 ‘Tiel Boanl Hearing (hevinater refered to as “Tk, Vol, I") at 62-63, Blan Brooks (“Ela”) called 911 after her grandmother, Naomi Brooks Naomi") developed a nosebleed that would ‘ot sop. I at 17, Elan, Nomi, end Ban's seven-year old son live together tthe apartment on Dodge Stret. Id, at 15. Blan works ab a health coaeh and promotes healthy lifestyle by “showing people how fe eet heathy and actualy living i” Jd, at 16. Elan and Naomi are Alican-Ametiean. 1d 123 Pour firefighters ftom Engine 3 responded to Blan's 911 eal: Firefighter Andie Feto, Firefighter Neil Chionehio (°Chionchio"), Flefighter Joseph Moreno, Il (*Moreino", and Firefighter Eric B, Pall (Fallon)? I, at 62, 64, 70. Upon entecing, Chionchio and Moreino assisted Neon and atlempted to stop Naomni's nosebleed, 1d at 64. As Chionehio and Moreino Pwovided medical arsistinc, Feo spoke with Elan, I at 6. At some point, Femo made a ‘comment to Elan about Naomi eating “fed chicken." 1d. 20, 65, 82. (On the day in qusstion, Flan didnot propre o make any fied chicken, Id. t 24, Infact, ‘ss “helth coach,” Elan prides here in preparing healthy foods and has never prepared ed ‘chicken in that epartnert 1 These was no fred food oie food smell inthe apartment 1 at 24, 67,81, 105, After Pero made this comment, Blan said, “Excuse me?” and reiterated that she te very healthily, Ia 20. The other freighters in the apartment heard Fero's comment and were made uncomfortile Id, at 25, 38, 67, 82-83. Futhermore, fllowing Fero’s comment, Elan felt uncomfortable and became afi leaving her grandmother inthe care ofthe Providence Fire Department as a -eult of Ferto's comment, Id, at 25-26. All witnesses at the scene ‘ontiemed tet thore was no odor of fied foods inthe house, Lat 24, 67-6E, 81, 10S. All ofthe 2 All of the firefighters that responded to the soene, safe for Revo, testified before the Teal Board although accounts vay slightly a8 to what exactly was std, Elan, Chioneho, and Moreno all ‘agree that Ferro made some comment regarding eating of preparing fred chicken, Fallon testified that he did not hear any comments made by Ferro regarding eating or making fred ‘hieken, lat 105. firefighters that etfied before the Trial Board indicated that it vas inappropriate and that there ‘was no ned to referene fied chicken inthe context of that medical call. Id, at 6, $3, 85, ‘TranseripL of May 23, 2617 Tal Board Hearing (hereinafter refered to as “Tk. Vol. 1), 10-11 lan esti tht sho fl 0 sncorfortble wih the Providence Firefighter, that she did not feel comfortable reporting Feso's actions directly, and instead took to social media and posted about th ineiden on Facebook Tr, Vol Lat 35, pls City's Exhibit 3 etization ‘At some point following Blan's post on Facebook regarding Reno's comment, the Commissioner of Public Safety, Steven M. Paré conducted an investigation. Tr, Vol. I at 14. “Te record reflects thet the Comiinsoner i well equipped to condut such an investigation based inno small part de to his extensive background in supervising and dissptining members ‘ofthe Puble Safty Department ofthe City of Providence, a wel a his years s Superintendent ‘ofthe State Police. [dat 11-12-The Commisioner conducted his investigation by speaking lan over the phone a wll at interviewing Elan and Naomi n person. I at 1S. During his interview of Elan and Naomi, the Commissioner established that Ferro made @ comment regarding fried chicken during the medical cll of March 15,2017. Ia 15-18. Both Naomi and Elan indiated that they wore offended deeply and that they fet the comment was racist. 1d. ‘As part of the investigation, the Commissioner als interviewed Pero. I, at 21-24, Feo ‘was aceompania by a union sepresentalive during the inlervew. Id at 1. During the interview, after initially denying “fering to fied chicken during the medical call, Fer eventually confirmed tha he madea comment regarding fied chicken. J, 22-23, However, Fesro elsimed ‘hate mae the comment inthe context of oor types of foods to avoid such as cheese, bacon, sd bu 1M at 23. In adlition to admitting that he made a reference to fred chicken during the medical call of March 15, 2017, Feo admited that he believes that there was a “ume” that 24, references to fied chicken are offesive tothe AGtican American community Following the Commisione?'s investigation, the Commissioner prefered charges and iasued them to Retro. Hat 25, sce also City Exhibit 2, The Commissioner prefered those charges and! recommended termination, Tr, Val. Il at 27. Commissioner Paré explined that incidents like the one tat oeeurred on March 15, 2017, degrade the relationship between the members of the Providence Pire Department and the rest of the community, [dat 28 Commissioner Pa frter noted tha this incident and Feros previous disciplinary history have caused him to lose trust in Ferr's ability to represent the Department inthe community. Id. at 30-32, se also City Exit fest of Comment Regarding “Fried Chicken” Several witnesses testified regarding the eect ofa comment about fied chicken on an ‘African Ametioan, Fes Elan herself ested that she fle the comment was racist ws well as ‘fightened and upset her. Te, Vol. at 21, 23, 26, 40. James Vincent the President of the NAACP, Providence bunch, testified that a comment to a member of the Affican American community repanting fied chicken is a racially insensitive remark. [d, at 44-45. Mr, Vincent futher noted that in Amersa, “we've had black people evicted or stereotyped being ‘people who like eating ted chicken or watermelon” Id at SI. Morino, an ican American fctightr who wis proont atthe matic! cll, also noted that he wae petonally offended by estos comment. 1d. st 2-83, “Me Vincent has a ich history of continuing edveation on matters related to race and community during his previous employment as Housing Diretor forthe City of East Providence 5 well e the Civil Righs Compliance Office for the Rhode Island NAACP. Id, at 48-49. He has aso spent the past even years serving as President ofthe NAACP Providence chapter [d, 5 Fero presented only one witness in his defense, his ianeé, Winlia Vie, Tr, Vol at 45, Ms, Veira and Peco have been together for six yeas. I, at 46. Ms. Vita is Aftinn “American and Hapa I, at 46, Ms. Vesa noted that she has never heard Ferro make any racially motivated, comment, I at 47. She has also never heard him make any Jokes about [Acan Ansetisancalre 0° jokes abou fed chicken, I She also tested that she ws not ware of any stereotyping of Aican Americans through the consumption of foods such as watermelon or fied chicken. at 48. ML. DECISION: “The Bou frst ackwowledges that the charges agaiast Firefighter Pero inthis mater have boen properly prefered by the Commissioner in accordance withthe Department's Rules and Regulations. It fs important to also acknowledge that there is no dispute among the parties regarding that Firefighter Pero did reference “fred chicken” in his conversation with Elan Brooks on March 15, 2017. It is the appropriateness of this comment in light of the iroumstances that this Board is required to judge “The Board therefore makes the following decision in light of the prepondecance ofthe evidence submited to itfor consideration (A)Charge 1: Violation of Chapter 16, Paragraph CO). Chapter 16, Paragraph 4 of the Rules and Regulations of de Deputies provides that: “Members shall obey all laws, roles and regulations, orders and commands. Suet obedience shall be prom, implicit and unqualified. In support ofthis charge, the Department asserts that while responding oa calla the house of Naomi Brooks, Fertomade an inappropriate and unprofessional comment to Ms. Elan Brooks, ‘when he advised both Ms. Broks and her granddaughter that they should stop eating feed chicken for the sake of tsi health, knowing Ms. Brooks’ meal condition had nothing to do with her dt. Joint Exhibit2. ‘As discussed ina, 4 Board would fist acknowledge that it finds Fero's comments to Ms. ‘Brooks as inappropiateand unprofessional given the context in which they arose. However, the ‘Boat unanimously dens this charge and finds ito be unsupported, tis clear thatthe Departments reliance upon this charge is prdiested upon a finding of other voltions ofthe Lepartments Rules and Regulations. While tis tru that Ferro violated other Department Rulesan Regulations, the absence of any independent basis to support the ‘charge inthis Board's view quires that this change be denied (B)Charge2; Violation of Chaper 16,Paragrah7(b) Chapter 16, Pragragh7(0) ofthe Rules and Regulations of the Department provides tht ‘Meme ofthe Department shal be courteous and respetfil at al vines! ‘In considering this charge the Board finds cede the testimony of Ms. Elan Brooks, Fiefightee Moreino, FefighterChioinchio and Lieutenant all, the four witnesses who were present forthe emergenzy ell on March 15,2017, The record reflects that while tending to Ms. [Naomi Brooks, both F‘efighterChionchio and Firefighter Moreino heard Firefighter Fero stat to Elan Brooks that hergrandmother should stop eating fred chicken, Roth Moreno and Cinco testified thatthey found Feros reference to “fed chicken” inappropriate under the circumstance, They fer tsi that there was no smell of fied feds within the Brooks home. Tn adtion to being inapproptiate, Moreno and Ms. Elan Brooks, wih ate bth Aftiean ‘Americen, tested that they were offended by Fero's remark, Jim Vincent, President of the Rt NAACP, persuasively ttf that in the Afcan American community comments about “ied chicken” o “watermelon aro widely known tobe racially insensitive as they further old stereotypes and carieaturs of Affican Americans “This Board finds cecibe the testimony of Firefighter Chionehio and Moreino, Ms. Blan Brooks, and Mr, Vinent_ Additionally this Board is comprised of individuals with considerable ‘al world experience. Allo whom acknowledge the unfortunate existence of racial stereotypes ‘within soviet that have een utilized to deprade and render subservient certain racial and ethnic ‘ninoctes. Though suppested by the testimony of Mr. Vincent, the Boar adiionally takes {nda notice that references to Affican Ameccans and “tied chicken” racially insensitive remarls, Aditonally, the Board does not ind persuasive the assertion that Ferro made the comment {oMs, Brooks in an efoto educate her about healthy eating practices. The Board would frst note that Firefighter Fert dd no testify inthis matter. The only contest offered for Feros ‘comment came from the soss-examination of Clty witnesses, All of whom were steudst in ‘heie testimony that Fetes comment was inappropriate? Given the context in which it was made, tis Board unanimously finds Firefighter Fero's comment cially inseasve, inappropriate, dscourtoous and ditespectfl ‘There was absolutely no reason for Fero to reference fied chicken during his questioning of ‘Ma, Elan Brooks. Perr and his fellow fefighters were there to render ad to Ms, Naomi Brooks luring what was cestanly a frightening time forhor and her granddaughter. Ferro's comment ‘unnecessalyenused Ms Brooks apprehension with leaving het grandmather inthe ere of Providence firefighters,“ forthe jeopardized the relationship between the Department andthe Afcan American commanity within the City “The Boat therefor nds tha erro violated the Rule and Regulations of the Department by his dlscourteous and dirspecful interaction with Ms. Brooks. (Cohae3: —_Vnaton of Chaper 16, Paragraph AC). Chapter 16, Section 8(a ofthe Department's Rules and Regulations provides as follows: “Member ofthe department shall not violate ther oath of ofc." 5 ie alin etd tbe i ot ec Frinton wi Me. Nanni Brock, flr ering what wat sais Fallon tie ht sto poi of was opel ite nope of teen, ‘The oath of office isa solemn oath, sworn by every frfighter within the City ‘acknowledging that they will be held to «higher standard of conduc than non-uniform personne. It provides that all meters ofthe Fee Department wil “suppor the Constitution of the United States and the State of Raode Island, an the Providence Home Rule Charter, and that! will, {aihfully discharge the cts of a member ofthe Providence Fire Department according othe laws ordinances, and uks and regulations governing the Department, and wil abey the orders ‘and directions of my superior tothe bast of my knowledge and sbility, so help me God.” In this Board's opinion the oath of office isnot tobe taken lightly. It assures the City tha its swom offices willbe eld to higher standard of conduct and will represent the City honorably. There ean be no question that errs conduct on March 17,2017 violated this solemn cath, As diseused in th opinion, his comments to ctzen he swore to serve not only violated Department Rules nd Regulations it violated the spirit of the oath swom by all Providence iefighers. “Tho Board finds, by a majority vote of 2-1, that ero, through his comments to Ms Brooks on March 15,2017, violated his oath of ofice and sustains the charg. Judge Martine isons. (D)Charge4* — Vilnion of Chapter 16, Paragraph 8), Chapter 16, Parsgraph 6) ofthe Departments Rus and Regulations provides folios “Members ofthe Department shal not use indecent, profane or civil language, no Be guilty of amoral or indecent conduct” ‘As sated above, the Boad finds the comments made by eer andthe contest in which they "were made tobe complctely inappropsate Itcaused Ms. Brooks to fer for her grandmother's care while entrusted to Providence Fitefightrs. I father caused damage tothe reputation of the ‘epaetment when it caused Ms, Brooks to believe tha the care given to residents by Providence Fitefighters was dependent upon theirrace. ‘We unanimously fin! hat Feros language and conduct during his call for treatment atthe esidenee of Ms, Naomi Brooks as indecent, profane and unciil therefore sustaining the charge. (F\ChaweS; Vinton of Chaper 16, Paragraph 8) Chapter 16, Paragraph (ofthe Rules and Regulations ofthe Department provides thet ‘Members ofthe Departwent shall nt do anything which may bring discredit upon the Deparment” “There can be no doubt that Feto'ssetions on March 15,2017 have brought discret to the Department, The cord reflects that the citizens firefighter ero swore fo serve were fended by his ace based remark, They found it to be offensive and inappropriate “Additionally, his fellow fefghters found his comments iappropite with fefighter Moreine, an Atican Amesican, ing tht he too found Pero's comment offensive. ‘hereon reflects that Mis lan Brooks was offended by Ferro's comment hat she took to Facebook to voice be dapleasie, Ms. Brooks furter testified that fr her interaction with Ferro, she dd ot al he Depatnen boieving that no one woud ave caved. {ts lear that Feo's comment brought dsr ypon the Depatnent. At minimum inthe eyes ofthe Brooks family, the Povidenee Fire Deparment consisted of sworn fefighers who make inapprpeiats rail remakes to citzens at ther most vulnerable daring emergency situations, At worst, itis an organization that harbors recit frefightersovho teat etzens

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