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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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Richard, I was completely offended by this post. You'll be hearing from my attorney. LOL
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Permalink Reply by Matt Tipper on
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If he doesn't openly state he is a FF, he should be able to say what he likes.
But more importantly, what about all the Racoon lovers out there.....
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Permalink Reply by Mark Oomkes on
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Brian, I'm offended that you're offended and that you stated that you're offended.
You'll be hearing from MY attorney. lolol
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Permalink Reply by Jack/dt on
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Well it's nearly that time of year again but....that I am aware of there have been NO cases of anyone getting in trouble for simply wishing another person merry xmas. To claim that a person can't say that anymore is just hand wringing, whining and gnashing of the teeth. Not to mention flat out incorrect.
There is too freedom of speech and constitutional rights, to say otherwise is patently wrong. There was just a recent decision where the National Labor Board decided that an EMT was illegally fired for making comments about her employer. So that sort of disproves your general hysteria. And the NLB's decision may very well have an effect on the Mass. firefighter, depending upon what the comments were and how they were construed.
Commenting that your boss is an idiot, or that you're underpaid are just your opinion, comments that your employer is negligent or incompetent probably comes under a slander/libel heading and you could be fired and sued. I believe it's about content AND context.
But, why would someone think they have the right to post every lame thought they have on myfacespace. Moreover, why would they post half the stupid crap they already do? It's a double-edged sword, the right to complain versus being slanderous/libelous. But then, such actions should be ruled by one's common sense, and we know how that usually turns out.
P.s. I'm always amazed at the stand some people take without bothering to explore and learn what the issues involved are. Also, while on the one hand thinking that (in this particular case) the firefighter did nothing wrong, many will quickly go to the other extreme wherein they see firefighters as saints/super heroes/demigods and talk about the "higher standard." So which is it? The 'higher standard or the right to say/post anything you please. You can only pick one or the other.
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Permalink Reply by Richard Armstrong on
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Jack of course you would say I'm wrong.This battle about saying merry christmas as aposed to happy holidays to people who do not believe in Christmas has been going on since the second world war. It boils down to Christians say merry christmas and other religions celebrate other holidays and they feel that everyone should say happy holidays instead to respect the fact that they do not celebrate Christmas.No I did not mean it's against the law to say it it's just another incident of people not being able to say what they want but what is acceptable to all.
I did not read what this person posted on "their" face book or myspace but it goes to show you that if you think you have rights you do not if it upsets somebody i.e. your employer,religious group,person you can be in trouble so when people take the attitude that it's freedom of speech and my grandpa or dad fought a war so I can do so they are dead wrong unless maybe you have a high priced lawyer in their pocket.
And yes Jack it is the seasonand you keep track during it to see how many times you see Merry Christmas is used in the paper or T.V. and in January you can start a thread with your results if you do not believe me or maybe just Google it and read about it
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Racoon lovers? I think I'm missing something.
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Merry Christmas everybody!!!!
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Permalink Reply by Ralph Edward Barry on
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Thats just about dang STUPID! Bunch of liberal hippie tree hugging council members is what that is. Everybody scared to death of offending someone else. It aint about offending others, its about whats right and wrong. Somebody read a frigin' history book for GOD's sake! And get your heads outta their rear ends.
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Permalink Reply by David Francis on
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Chief Sharp is correct. You have to bite your tounge sometimes. people get fired over face book myspace comments all the time, it's touchy subjects all around.
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