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596025
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DOCUMENT TYPE Case Study
CREATED ON 27th July 2018
COMPLETED ON 7th August 2018
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Political and Legal Foundations of Fire Protection FIR 4301

Course Syllabus FIR 4301, Political and Legal Foundations of Fire Protection Course Description Examines the legal aspects of fire service and the political and social impacts of legal issues. Includes a review of the American legal system and in-depth coverage of legal and political issues involving employment and personnel matters. Course Textbook Bennett, L. T. (2008). Fire service law. Upper Saddle River, NJ: Prentice Hall. Unit Assignments Unit I Case Study I & II due 8/7/2018 Case Study 1: Read the U.S. Department of Commerce’s National Institute of Standards and Technology report on the February 20, 2003 fire at The Station nightclub in Rhode Island that killed 100 people. The report is available at http://www.nist.gov/manuscript-publication-search.cfm?pub_id=100988 Prepare a memo to your fire chief that outlines the “lessons learned” from that incident and that addresses corrective actions that your department and/or the state fire marshal should take. Your response should be at least 300 words in length. You are required to use at least your textbook as source material for your response. All sources used, including the textbook, must be referenced; paraphrased and quoted material must have accompanying citations. Case Study 2: Read the NIOSH Fire Fighter Fatality Investigation Report F-2001-16 on the LODD of a career firefighter who died in responding to a house fire resulting from an improperly installed hot water heater. The report is available at http://www.cdc.gov/niosh/fire/reports/face200116.html. The firefighter’s widow filed suit against the heating and Ventilation Company that sold the water heater, the plumber that installed it, and the homeowner. The case never went to hearing since it was settled during the pre-trial discovery stage, as is commonplace. Research the fireman’s rule in your state, and determine whether it has been modified by statute. Discuss the above incident and whether you believe each of the defendant’s would be found liable under the current status of the rule in your state and whether that is fair and reasonable. Your response should be at least 300 words in length. You are required to use at least your textbook as source material for your response. All sources used, including the textbook, must be referenced; paraphrased and quoted material must have accompanying citations. Please submit your Case Study 1 and 2 responses as one word document. Unit II Case Study I & II due 8/14/2018 Case Study 1: Review Articles V and VI of the EMAC legislation Public Law 104-321. FIR 4301, Political and Legal Foundations of Fire Protection 3 To do this, copy and paste the following web address into a Web browser: http://www.gpo.gov/fdsys/pkg/PLAW-104publ321/pdf/PLAW-104publ321.pdf Assume that in response to a request for support from a neighboring state, your fire department decides to send one engine and a crew of four career firefighters/paramedics. You are not selected. One of your best friends who has been selected urges you to drive to the site of the call in the neighboring state in your own vehicle and hook up with the engine company when you get there. From pre-EMAC and post-EMAC perspectives, describe what legal liability risks you are personally incurring when rendering medical assistance as an out-of-state paramedic who is “freelancing”. If the incident commander allows you to participate in response, is he or she and/or your home municipality facing potential liability? Be sure to address each issue from both perspectives. Your response should be at least 300 words in length. You are required to use at least your textbook as source material for your response. All sources used, including the textbook, must be referenced; paraphrased and quoted material must have accompanying citations. Case Study 2: The St. Louis Fire Department experienced a heavy drop in emergency vehicle accidents after issuing an SOP that requires “on the quiet” responses (no red lights or sirens) for incidents such as automatic alarms, smoke detectors, sprinkler alarms, manual pull stations, carbon monoxide detectors, and natural gas leaks. Many fire departments limit “hot” responses to alarm drops to the first due engine and, possibly, a battalion chief. Other departments will send an engine company to accompany an emergency medical services squad, but the engine company goes “on the quiet.” A couple of terrific studies of such policies in Anne Arundel County, MD, and Philadelphia, PA, are available via the U.S. Fire Administration’s website. Williams, A. S., Anne Arundel County Fire Department. (2005). Identifying issues when responding without lights and siren to selected call types for the Anne Arundel County Fire Department. Emmitsburg, MD: National Fire Academy. Retrieved from http://nfa.usfa.fema.gov/pdf/efop/efo38659.pdf You can locate the above study through one of the following ways: • Copy and paste the following link into a web browser: http://nfa.usfa.fema.gov/pdf/efop/efo38659.pdf • The following link will take you to the information page with a link to the .pdf: http://usfa.kohalibrary.com/app/work/173444 • Use a key word search or call number (38659) at the following website: http://usfa.kohalibrary.com/ Hargett, E. F., Philadelphia Fire Department. (2005). Preventing emergency vehicle accidents in the Philadelphia Fire Department. Emmitsburg, MD: National Fire Academy. Retrieved from http://nfa.usfa.fema.gov/pdf/efop/efo38366.pdf You can locate the above study through one of the following ways: • Copy and paste the following link into a web browser: http://nfa.usfa.fema.gov/pdf/efop/efo38366.pdf • The following link will take you to the information page with a link to the PDF: http://usfa.kohalibrary.com/app/work/173362 • Use a key word search or call number (38366) at the following website: http://usfa.kohalibrary.com/ Describe what fire departments have done in your particular state to develop a similar SOP that addresses emergency response on certain runs. Your response should be at least 300 words in length. You are required to use at least your textbook as source material for your response. All sources used, including the textbook, must be referenced; paraphrased and quoted material must have accompanying citations. Please submit your Case Study 1 and 2 responses as one word document. Unit III Case Study I & II due 8/21/2018 Case Study 1: Review Case Study 6-2: Firefighter Mandatory Retirement Age, found on page 75 in the textbook. Minch v. City of Chicago, 363 F.3d 615 (7th Cir. April 9, 2004). The full decision is available at http://caselaw.findlaw.com/us-7th-circuit/1314030.html Discuss whether you believe it is appropriate for physical examination/tests to be given more frequently as firefighters increase in age to ensure they are physically capable of handling the duties and responsibilities of the job. As part of your analysis of this issue, address whether you believe all firefighters, including those in administrative positions, should be required to pass annual physical examinations/tests. Your response should be at least 300 words in length. You are required to use at least your textbook as source material for your response. All sources used, including the textbook, must be referenced; paraphrased and quoted material must have accompanying citations. Case Study 2: Review Case study 7-2: Employer “Mixed Motive” When Terminating Female-Circumstantial Evidence Admissible to Prove Anti-Female Workplace/U.S. Supreme Court, found on page 85 in the textbook. Desert Palace, Inc. dba Caesers Palace Hotel and Casino v. Costa, 539 U.S.90 (2003; U.S. Supreme Court (June 9, 2003). The full decision is available at http://www.law.cornell.edu/supct/html/02-679.ZS.html Then, consider this hypothetical situation. You are the fire chief. A female firefighter has complained to you about ongoing harassment, and you have promptly investigated and verbally cautioned her male crew members to stop the harassment. Describe what steps you should next take when you receive complaints from those same crew members about her lack of cooperation and substandard performance. Your response should be at least 300 words in length. You are required to use at least your textbook as source material for your response. All sources used, including the textbook, must be referenced; paraphrased and quoted material must have accompanying citations. Please submit your Case Study 1 and 2 responses as one Word document. Unit IV Case Study I & II due 8/28/2018 Case Study 1: Review Case Study 8-1: Fire Apprentice Program to Recruit Minorities – Added Points on Entrance Test, found on page 99 in the textbook. IAFF Local 136 v. City of Dayton, 107 Ohio St. 3d 10, 2005-Ohio-5826 (November 16, 2005). To view the full decision copy and paste the following web address into a Web browser: http://www.sconet.state.oh.us/rod/docs/pdf/0/2005/2005-ohio-5826.pdf Although the Ohio Supreme Court found the added points program did not violate the rights of male and non-minority applicants, describe some alternative means or programs that the fire department might use to recruit female and minority firefighters. Your response should be at least 300 words in length. You are required to use at least your textbook as source material for your response. All sources used, including the textbook, must be referenced; paraphrased and quoted material must have accompanying citations. Case Study 2: Review Case study 9-2: Firefighter with Back Injury Offered Light Duty in Police Department, found on page 116 in the textbook. Pfanz v. City of Cincinnati, 149 Ohio App.3d 743, 778 N.E.2d 1073 (Ohio 1st District Court of Appeals (2002)). To view the full decision copy and paste the following web address into a Web browser: http://www.supremecourt.ohio.gov/rod/docs/pdf/1/2002/2002-Ohio-5492.pdf Large fire departments typically have light duty assignments available for firefighters who are temporarily unable to perform the essential functions of their regular job. However, many smaller departments do not have such accommodations available. Explain the obligations of employers and employees to enter into discussions regarding reasonable accommodations. Also, discuss whether the department that does offer an accommodation, such as a light duty assignment, should impose a time limit for when the firefighter must either return to full duty, take disability retirement, or otherwise leave the department. Your response should be at least 300 words in length. You are required to use at least your textbook as source material for your response. All sources used, including the textbook, must be referenced; paraphrased and quoted material must have accompanying citations. Please submit your Case Study 1 and 2 responses as one Word document. Unit V Case Study I & II due 9/4/2018 Case Study 1: Review Case Study 11-3: Comp Time – Public Employers Offering Instead of Overtime Pay/U.S. Supreme Court, found on page 146 in the textbook. Christensen v. Harris County, 529 U.S. 576 (2000). The full decision is available at http://supreme.justia.com/cases/federal/us/529/576/case.html Many fire departments have rules regarding the maximum compensation time that employees may accumulate and also how compensation time is paid at retirement or termination. Discuss the rules regarding compensation time accrual and use in your fire department or another department in your state and compare and contrast them to those at issue in Christensen. Be sure to address if and how the rules comply with the FLSA. Your response should be at least 300 words in length. You are required to use at least your textbook as source material for your response. All sources used, including the textbook, must be referenced; paraphrased and quoted material must have accompanying citations. Case Study 2: Review Case Study 12-1: Random Drug testing – No History of Drug Problems on Fire Department, found on page 152 in the textbook. Petersen v. City of Mesa, 83 P.3d 35 (Ariz. 2004), Arizona Supreme Court No. CV-03-0100-PR. To view the full decision copy and paste the following web address into a Web browser: https://www.courtlistener.com/ariz/5rSY/petersen-v-city-of-mesa/ Though the Arizona Supreme Court found Mesa’s random drug testing to be outside the “closely guarded category of constitutionally permissible suspicionless searches”, a number of Appeals Court cases have upheld drug testing of firefighters in general, finding that that they do serve in “safety-sensitive” positions. Discuss whether your fire department or another fire department in your state has a random drug testing program. Briefly outline the provisions of the program. Also, explain if and how this program is addressed in your union’s collective bargaining agreement with your employer. Your response should be at least 300 words in length. You are required to use at least your textbook as source material for your response. All sources used, including the textbook, must be referenced; paraphrased and quoted material must have accompanying citations. Please submit your Case Study 1 and 2 responses as one Word document. Unit VI Case Study I & II due 9/11/2018 Case Study 1: Review Case Study 14-1: Physical Fitness and Wellness Program – Annual Medical Exam, found on page 184 in the textbook. Weimer v. City of Baton Rouge, 915 So.2d 875 (La.App. May 6, 2005). The full decision is available at http://scholar.google.com/scholar_case?case=1814941207931918549&hl=en&as_sdt=2&as_vis=1&oi=scholarr This case addressed the legality of imposing a health and wellness program on firefighters. Describe the nature of the health and wellness program in your fire department or another department in your state. Explain the process by which the program was implemented and the union’s part, if any, in that process. Address the aspects of the program requiring voluntary or mandatory participation and, if applicable, disciplinary or non-disciplinary actions resulting from refusal to participate. Your response should be at least 300 words in length. You are required to use at least your textbook as source material for your response. All sources used, including the textbook, must be referenced; paraphrased and quoted material must have accompanying citations. Case Study 2: Review Case Study 14-3: Physical Ability Testing, Adverse Impact on Female Firefighters, found on page 187 in the textbook. Victoria Pietras v. Board of Fire Commissioners of the Farmingdale Fire District, 180 F.3d 468 (2nd Cir. 1999). The full decision is available at http://openjurist.org/180/f3d/468/pietras-v-board-of-fire-commissioners-of-the-farmingville-fire-district This case addressed the disparate impact of a physical agility test on female firefighters. Describe the physical agility testing done by your fire department or a department in your state. Address whether the testing is work related and reflects a “real world” scenario. Also, discuss whether you believe the testing has a disparate impact based upon sex or age. Your response should be at least 300 words in length. You are required to use at least your textbook as source material for your response. All sources used, including the textbook, must be referenced; paraphrased and quoted material must have accompanying citations. Please submit your Case Study 1 and 2 responses as one Word document. Unit VII Case Study I & II due 9/18/2018 Case Study 1: Review Harmon v. Ogden City Corporation, 2007 UT App. 336, Case No 20060434-CA, October 18, 2007. The full decision is available at http://caselaw.findlaw.com/ut-court-of-appeals/1238012.html Harmon was a captain who was terminated for his involvement in a number of inappropriate, off duty activities during his 21-year career. Discuss what policies your department has in place to prevent and address off duty activities, such as those in Harmon. Describe any training that is conducted or that you believe should be conducted to address the impact of off duty activities on your official position. In your description, identify whether this training covers ethics and conflicts of interest. Also, address whether you believe Harmon’s termination was an appropriate sanction. Your response should be at least 300 words in length. You are required to use at least your textbook as source material for your response. All sources used, including the textbook, must be referenced; paraphrased and quoted material must have accompanying citations. Case Study 2: Review In the Matter of an Act 111 Interest Arbitration between City of Philadelphia and International Association of Fire Fighters, Local 22, AAA Case No. 14 360 L 00532 09, Issued July 2, 2012. To view the full decision copy and paste the following web address into a web browser: http://media.philly.com/documents/Local+22+Remand+Award+w+Dissent+and+Concurrence+(July+2).pdf The International Association of Fire Fighters (IAFF), Local 22, has been pursuing payment of its $200M arbitration award for a number of years. The initial award was reviewed and vacated by the Philadelphia County Court of Common Pleas and then remanded back to the arbitration panel. Discuss whether you agree or disagree with the panel’s final decision in light of the dire budget issues facing Philadelphia. Should the city’s budget woes be taken into consideration by the panel, and, if so, how much weight would you give to the situation? Describe the dispute resolution provision in your collective bargaining agreement or, if you do not have one, describe the provision for one of your local firefighters’ unions. Discuss whether you believe such a provision is fair and equitable for both parties. Your response should be at least 300 words in length. You are required to use at least your textbook as source material for your response. All sources used, including the textbook, must be referenced; paraphrased and quoted material must have accompanying citations. Please submit your Case Study 1 and 2 responses as one Word document. Unit VIII Case Study I & II due 9/25/2018 Case Study 1: Review Case Study 18-1: EMT Injured by Toxic Fumes - Files Suit Against Chemical Company, found on page 231 in the textbook. Kapherr v. MFG Chemical, Inc., No. A06A0184, December 28, 2005. The full decision is available at http://caselaw.findlaw.com/ga-court-of-appeals/1005355.html In Kapherr, the Georgia Court of Appeals found that the fireman’s rule does apply to emergency medical technicians. Address the argument that Kapherr maintained regarding treating the injured only if the scene had been secured. Do you agree with the court’s reasoning in responding to this defense? Explain why, or why not. Describe a set of circumstances under which it would not be reasonable to consider that the emergency responder has assumed the risk of the hazardous circumstances at the scene. Research and determine the status of the fireman’s rule in Georgia. Identify whether there has been any change to the law since Kapherr. Research and determine the status of the Fireman’s rule in your state. If your state is Georgia or Florida, please select a neighboring state. Has the rule been adopted and enacted into law? Have there been any exceptions enacted into law? Your response should be at least 300 words in length. You are required to use at least your textbook as source material for your response. All sources used, including the textbook, must be referenced; paraphrased and quoted material must have accompanying citations. Case Study 2: Read Espinoza v. Schulenburg, CV-05-0158-PR, Arizona Supreme Court, 2006. To view the full decision copy and paste the following web address into a web browser: http://www.myazbar.org/AZAttorney/PDF_Articles/0706appellate.pdf Espinoza was an off-duty firefighter and emergency medical technician who was injured while providing roadside assistance to the Schulenburgs. The trial court granted summary judgment to the Schulenburgs, holding that the firefighter's rule bars Espinoza's claim. The court of appeals reversed that decision, holding that the firefighter's rule should be narrowly construed so as not to bar the claims of off duty firefighters. To see the full Court of Appeals decision, copy and paste the following web address into a web browser: http://statecasefiles.justia.com/documents/arizona/court-of-appeals-division-one-published/CV040438.pdf However, the appeals court remanded for determination of whether Espinoza had a duty as part of her job as a firefighter to render assistance, in which case the court would apparently conclude that the rule should apply to bar her suit. On appeal to the Arizona Supreme Court, a more conclusive decision was handed down. That Court made the clear distinction between on-duty and off duty, finding that Espinoza volunteered to render aid and, therefore, the fireman’s rule did not apply. Discuss how the Arizona Supreme Court distinguished between on-duty and off duty. Do you agree with this distinction? Can you suggest other distinguishing factors that should have been considered? Should the fact that one receives workers’ compensation for the injury enter into the distinction? Describe how your department addresses rendering aid off duty. Is it part of your “duty” as a firefighter, or is it more so an ethical duty? Also, describe how your department addresses off duty injuries incurred as a result of rendering aid. Your response should be at least 300 words in length. You are required to use at least your textbook as source material for your response. All sources used, including the textbook, must be referenced; paraphrased and quoted material must have accompanying citations. Please submit your Case Study 1 and 2 responses as one Word document.
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