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Massachusetts Firefighter Awaits Discipline Over Facebook Postings
HEATHER WYSOCKI
Cape Cod Times
Reprinted with Permission
BOURNE — His disciplinary hearing is over, but Bourne firefighter Richard Doherty will have to wait more than a month before finding out whether he will be punished or fired for behavior, including Facebook posting, that the town has deemed inappropriate.
On Thursday, both the town of Bourne and Doherty's attorney, Terence Coles, rested their cases in the three-day disciplinary hearing of the 16-year fire department veteran, Bourne Town Counsel Robert Troy said.
The town alleges Doherty violated several of the fire department's rules of professional conduct in posts on his private Facebook page, including some that make negative comments about the fire department, town and other Bourne residents.
But Coles said the hearing "just further reinforced the fact that the charges have nothing to do with any improper conduct by Mr. Doherty, and everything to do with the town's witch hunt against the (fire department) union."
On Thursday, the town also alleged that in addition to the Facebook comments, some of the photos posted on Doherty's page — including an image of a Confederate flag and another of a dog and a raccoon having sex — were inappropriate and, in the case of the flag, racist.
Doherty's lawyer said the Facebook posts should be out of the scope of the town's power to discipline.
The posts "either have nothing to do with the department ... or were cases where he was expressing his opinion of issues of public concern and shouldn't be the subject of discipline," Coles said.
It will take several weeks for certified copies of the disciplinary hearing minutes to be completed, Troy said. Then the hearing officer, attorney Charles Sabatt of Hyannis, will have 20 days after he receives the records to file his report, which will include recommendations of whether, and how, the town should punish Doherty.
Each side then has 10 days to file their opinions on the case, after which Bourne Town Administrator Thomas Guerino will make a final decision on whether to punish Doherty, Troy said, adding the process could take well over a month.
Doherty declined to comment about the proceedings.
Related
Firefighter Awaiting Decision on Discipline
Cape Cod Times
Reprinted with Permission
BOURNE — His disciplinary hearing is over, but Bourne firefighter Richard Doherty will have to wait more than a month before finding out whether he will be punished or fired for behavior, including Facebook posting, that the town has deemed inappropriate.
On Thursday, both the town of Bourne and Doherty's attorney, Terence Coles, rested their cases in the three-day disciplinary hearing of the 16-year fire department veteran, Bourne Town Counsel Robert Troy said.
The town alleges Doherty violated several of the fire department's rules of professional conduct in posts on his private Facebook page, including some that make negative comments about the fire department, town and other Bourne residents.
But Coles said the hearing "just further reinforced the fact that the charges have nothing to do with any improper conduct by Mr. Doherty, and everything to do with the town's witch hunt against the (fire department) union."
On Thursday, the town also alleged that in addition to the Facebook comments, some of the photos posted on Doherty's page — including an image of a Confederate flag and another of a dog and a raccoon having sex — were inappropriate and, in the case of the flag, racist.
Doherty's lawyer said the Facebook posts should be out of the scope of the town's power to discipline.
The posts "either have nothing to do with the department ... or were cases where he was expressing his opinion of issues of public concern and shouldn't be the subject of discipline," Coles said.
It will take several weeks for certified copies of the disciplinary hearing minutes to be completed, Troy said. Then the hearing officer, attorney Charles Sabatt of Hyannis, will have 20 days after he receives the records to file his report, which will include recommendations of whether, and how, the town should punish Doherty.
Each side then has 10 days to file their opinions on the case, after which Bourne Town Administrator Thomas Guerino will make a final decision on whether to punish Doherty, Troy said, adding the process could take well over a month.
Doherty declined to comment about the proceedings.
Related
Firefighter Awaiting Decision on Discipline
Replies to This Discussion
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Permalink Reply by Brian Dumser on
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So much for "free speech". Just because someone likes the Confederate flag doesn't make them a racist. There was a lot more to the Civil War than just slavery. Now I could understand branding him as racist if in addition to the Confederate flag he made racist or hateful comments or statements.
Just my 2 cents. Stay safe!
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Permalink Reply by Fireyladd - Retired Chief Sharp on
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This also gives support for the fact that if you are here you are representing your Department. If you post things here against your leadership or department (ei. bitching, complaining or slandering) you may be liable for the consequences of your comments. Understand that "Freedom of Speech" has peramaters in which it opperates. If you post something on the internet, whether picture or writing, you can or may be held accountable for it. Many Departments are adopting polocies and guidlines for the social networks for this cause.
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Permalink Reply by JD Mosby on
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Freddom of Speech is one of the fundamental basics that makes this one of the greatest nations on the planet..but that freedom is not free from responsibility for your actions. Just an observation...
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I agree with you Chief, to a point. By posting something that may be derogatory to your F.D. or your superiors, you can and may be held accountable, especially if those statements are inflammatory or slanderous/libelous, (I forget which is which). That being said, you can't please everyone. No matter what you say, someone somewhere will be offended by it in some way. I can see some Departments adopting policies about posting things about their F.D. in a public forum without permission from the Administration.
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Permalink Reply by Just Plain Craig Moyer on
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People need to learn how to post things online. You can't say "My chief is an asshole" but you can say " I know this chief who is an asshole" You can say or write alot of you know how to do it... I have this one guy who has been trying to get me for years about stuff I write. Even went to the company lawyer who told him I'm not writing anything that points back to the fire company or anyone involved in the fire company....because I would never do that........
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Permalink Reply by Bill Brierton on
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I'd like to see where any agency has the right to over-rule the first amendment. It was on his facebook account. It's going to be an interesting case none the less but if it goes to the Supreme court we're all going to be paying attention to it.
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Permalink Reply by Russ on
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ok somebody educate me, how does a department / municipality go about obtaining somebodys personal information on a website or blog (if they use a phoney name) to tag a guy for writing against the department- if what was writtten WAS NOT a crime? is facebook obligated to "out" a subscriber if a FD asks?
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I think it all has to do with your privacy settings. Some people have their Facebook pages set so that anyone can view their pictures/postings/etc. If you set it so that only friends can view your stuff, you will have less problems. Although I also advise against posting anything in a public forum that you wouldn't want "anyone" to see.
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Permalink Reply by Mark Oomkes on
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I believe you mean the "War of Northern Aggression". ;-)
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SCOTUS has over-ruled the First Amendment.
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Permalink Reply by Richard Armstrong on
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We live in a world that says you can do and say what you want as long as no one dislikes what you say or do.Up to and including termination for posting pics or comments about anything that a Minority,government,company,person,place or thing finds offensive.
S**T I might even get in trouble for saying this!!!
There is no such thing as freedom of speech or constitutional rights left in the world people like your not even allowed to say MERRY CHRISTMAS without getting in trouble but we've been sayin it for 100's of years,so you really gotta think about what you talk about.
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