Firefighter Leadership

Legal Issues

John K. Murphy Legal Blog

Legal Fire Prevention - Social Media Policy

05/16/2012
With the recent spate of demotions, terminations and litigation related to the use of social media to post your likes, dislikes, ranting and ravings under an assumption that your First Amendment protections apply to you, here is another thought. They d...

The Fire Service Crucible – are we prepared to withstand the heat in order to survive?

05/01/2012
According to Wikipedia, a crucible is a container that can withstand very high temperatures and is used for metal, glass and pigment production as well as a number of modern laboratory processes. While crucibles historically were usually made from clay...

Pesky Legal Fires that Keep on Burning

03/26/2012
I’m the little voice in your head (otherwise known as your conscience) that keeps reminding you that you should not do this or that because it is: wrong, illegal, immoral or fattening. I am taking this opportunity to remind you of the pesky legal...

PAIN IS WEAKNESS LEAVING THE BODY

03/19/2012
For you Marines in the reading audience, you can relate to the days of boot camp and the Drill Instructor in your face yelling at you when you are on your last legs, fatigued beyond your imagination and you were about to drop:  to motivate you to ...

The Night Before Christmas, Legally Speaking

12/22/2011
Whereas, on or about the night prior to Christmas, there did occur at a certain improved piece of real property (hereinafter "the House") a general lack of stirring by all creatures therein, including, but not limited to a mouse.A variety of foot appar...

LEGAL MATTERS

Legal Fire Prevention: Social Media Policy

With the recent spate of demotions, terminations, and litigation related to the use of social media, John K. Murphy takes another look at firefighters' assumptions about use of these products.

Lessons Learned: Discrimination against a Disabled Firefighter

John K. Murphy weights in on a St. Paul firefighter's federal legal claims of discrimination because of his limited eyesight won a $528,432 payout, according to a settlement reached by attorneys for the city and plaintiff.

Can "Failure to Train" Lead to Litigation?

Attorney and former deputy fire chief John K. Murphy reviews a legal case involving a police department's "failure to train" its personnel and has advice for fire departments on how to avoid getting entangled in a similar lawsuit over firefighter training.

Adaptation in the Fire Service

If the fire service doesn’t adapt to the current economic situation, John K. Murphy argues, we will be doomed for extinction in the current way we conduct our business.

Fire Department Sick Leave Policies and the FMLA: Confusing and Complicated Rules Can Get You Sued

John K. Murphy discusses a recent court decision that underscores how fire department policies on use of leave taken under the Family Medical Leave Act (FMLA) could potentially expose them to litigation.

Mandatory Overtime: A Legal and Safety Issue

What authority does an employer have to compel mandatory overtime for firefighters? John K. Murphy looks at the issue of forced overtime, firefighter safety, and job performance.

Firefighters Trapped in a Flashover

On Octonber 7, 2008, an ordinary and “routine” house fire turned into something else for four Sacramento (CA) firefighters. Hear Captain Jeff Helvin recount the harrowing tale of his near-death experience and his crew’s survival of a flashover.

Grain Bins: A Complex Response Requiring a Complex Solution

Grain silo entrapments are a leading cause of death among farmers and agricultural workers. John K. Murphy points out some of the hazards of firefighters conducting confined space rescue operations and this type of incident and some resources to help educate rescuers.

When Was the Last Time You Looked at Your Personnel Policy Manual?

If your fire department is sued, one of the first things the plaintiff’s lawyer will seek is your department’s Personnel Policy Manual. John K. Murphy tells you what issues these Personnel Policy Manuals ought to cover.

Fire Subscription Services: A Legal and Moral Conundrum

John K. Murphy writes about the legal and moral issues surrounding the recent firefighting controversy in Tennessee in which firefighters did not respond to a structure fire because the homeowner failed to pay his annual fire protection fee.

Legal Matters: Equal Employment Training Opportunity

John K. Murphy recommends providing preventative Equal Employment Opportunity training to firefighters and fire officers before it becomes a punitive resolution to a firefighter discrimination lawsuit.

Outsourcing the Fire Service

What is the future for the fire service in this period of declining revenues, budget cuts, and the increasing trend to look at outsourcing as an alternative? John K. Murphy looks at "doomsday" scenarios for fire departments in communities around the nation.

Firefighter Arsonists: Stopping the Problem at the Door of the Firehouse

The fire service should be alarmed at the recent spate of news stories about firefighter arsonists. John K. Murphy and Beth L. Murphy offer a profile of warning signs to look for to identify possible arsonists in our ranks and best practices on how volunteer departments can screen for potential arsonists.

Fire Commentary: Fall from Grace

The firing of General Stanley McChrystal has some lessons to impart to modern leaders in the fire service. John K. Murphy discusses how venting frustrations can backfire.

Firehouse Postings of Current Labor Laws

Are your fire stations properly displaying current federal and state labor laws? John K. Murphy discusses how this can cost your department and steps to take to ensure you are compliant.

Lessons Learned from the FDIC Diversity Panel

Attorney and retired deputy fire chief John K. Murphy recounts his experience moderating the FDIC 2010 panel on diversity in the fire service, which was made up of  Chief Cheryl Horvath, Lt. Joseph Muhammad, and Lt. Frank Ricci. 

FDIC 2010 Panel Tackles the Diversity Issue

A big room panel discussion at FDIC 2010 examined one of the most combustible issues in the fire service: diversity and discrimination.

FDIC Keynote Speaker and Instructor Ricci: "FDIC, Greatest Fire Service Stage"

Lt. Frank Ricci [New Haven (CT) Fire Department] describes himself as “a lifelong student of the fire service.”  To him, instructing at FDIC is an honor and “a testament to all those who took the time to teach me and provide guidance.”

Diversity: We Must Define This Issue Before We Can Solve It

There has been a lot of hubbub about diversity in the fire service, but it's hard to tackle the issue without a consensus definition. John K. Murphy takes a look at a variety of ways the firefighting community has approached diversity.

Fire Service Court: Implementing SOGs

How can you get your department to implement standard operating guidelines (SOGs) instead of adhering to policies of the past? Our legal panel discusses the difference between SOGs and policy.

Top News

OSHA Drops Fines, Citations Against SC Fire Department Over Firefighter Injuries

May 24, 2012 The South Carolina Occupational Safety and Health Administration (OSHA) has dropped fines and citations against the N...

Fire Engineering

August 2011
Volume 164, Issue 8
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Imaging the Tube

Firefighting Engine Company Operations: Elephant Hunting with a BB Gun?

Big fires require as big a water flow as you can produce to extinguish, writes Paul Shapiro, and for firefightin... Read More

 

Imaging the Tube

2 Girls Die in Detroit (MI) House Fire

Two girls were killed early Wednesday in a suspicious house fire in Detroit, Michigan, after they reportedly refused ... Read More

 

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