Washington, D.C. – The President of Springdale, AR Local 3007, who was fired in April by the city’s fire chief, has scored a triumph in federal court in Fayatteville. The court has ruled that the City, the mayor, and the chief were guilty of violating Dean Bitner’s first amendment rights on all three counts against them.
The IAFF stepped into the case to defend Bitner under the Legal Guardian program. Attorney Molly Elkin, from the office of General Counsel Tom Woodley, handled the trial.
Bitner was fired on April 25, 2002 after asking the fire chief why he was not appointed to a committee concerning a pension plan for the department. The City claimed the local union president was “insubordinate” and engaged in “conduct subversive of good order” when he made the inquiry. But the captains and battalion chiefs testified to the contrary.
The firing was just one action taken after Bitner addressed the Police and Fire Committee of the Springdale City Council in early 2001. With the City’s permission, Bitner gave a formal presentation to the council about matters related to public safety, fire department understaffing, and loss of qualified firefighters to surrounding cities and counties due to pay disparity.
Two weeks later, the City refused to promote Bitner to captain and chose the second most qualified candidate. Bitner had received the highest score on the promotion exam, had 14 months more experience, and had completed more advanced level courses than the other candidate. Shortly before Bitner was passed over, Fire Chief David Hinds told him that he was a risky candidate for promotion because of his local union activities.
In August 2001, Bitner filed a First Amendment lawsuit challenging the City’s decision. That resulted in further attacks including reassignment and demotion to a less desirable position, and not being allowed to serve on the pension committee, and ultimately firing him.
The court awarded Bitner back pay, including for the period of time he was denied the captain’s position and his 30-day suspension; $100,000 in compensatory damage against all of the defendants; $120,000 in punitive damages against the mayor in his individual capacity; and $120,000 in punitive damages against the chief in his individual capacity.
Now that the case is over, Bitner and his lawyers will file a motion with the judge to award Dean the captain’s position as soon as possible, and to expunge all of the disciplinary references related to this case from his personnel file.
