September 18, 2000

Honorable Board of Supervisors

383 Kenneth Hahn Hall of Administration

500 West Temple Street

Los Angeles, California 900l2

Re: Dennis F. Walsh v. County of Los Angeles

Los Angeles Superior Court Case No. TC 011 718

Dear Supervisors:

The Claims Board recommends that:

1. The Board authorize settlement of the above-entitled action in the amount of $122,500.00.

2. The Auditor-Controller be directed to draw a warrant to implement this settlement from the Fire Department.

Enclosed is the settlement request and a summary of the facts of the case.

Also enclosed, for your information, is the Corrective Action Report submitted by the Fire Department.

Return the executed, adopted copy to Frances Lunetta, Suite 648 Kenneth Hahn Hall of Administration, Extension 4-1754.

Very truly yours,

Barbara N. Uyeda, Chairperson

BNU/fsl Los Angeles County Claims Board

Enclosures

BDLTR-1.REGULAR-Walsh.wpd

M E M O R A N D U M

September 11, 2000

CLAIMS BOARD ACTION:

Approve Disapprove Recommend to Board of

Supervisors for Approval

, Chief Administrative Office

BARBARA N. UYEDA

, County Counsel

LLOYD W. PELLMAN

, Auditor-Controller

MICHAEL L. GALINDO

on , 2000

SUMMARY

This is a recommendation to settle for $122,500 the lawsuit filed by Los Angeles County Fire Captain Dennis F. Walsh against the Los Angeles County Fire Department, four individual employees, and one former employee of the Department. The lawsuit seeks damages for alleged retaliation for whistle blowing, slander, libel, negligent infliction of emotional distress and conspiracy.

LEGAL PRINCIPLES

A public entity is responsible for the negligent and intentional acts of its employees when the acts are done in the course and scope of employment.

SUMMARY OF FACTS

Los Angeles County Fire Captain, Dennis F. Walsh, alleges that he disciplined a subordinate firefighter who had left his post early without obtaining proper relief. The firefighter grieved the discipline, which was reversed by Dennis Walsh=s superiors. Dennis Walsh also filed his own grievances. He alleges that in retaliation for his filing grievances and for revealing the alleged violation of policy and procedure by the subordinate firefighter, false statements were made about his competence and authority as a Fire Captain, including a statement that he was the subject of an investigation by the Department of Health Services. He also alleges that the Department retaliated against him by conducting an improper and unfounded internal Fire Department investigation of him and that people outside the Department became aware that he was being investigated.

Dennis Walsh also contends that he was subjected to harassing comments by other members of the Department, including comments that other firefighters would not come to his aid if he were in danger in a fire, and that documents and other personal items, including safety gear, were stolen from his desk and his locker at the firehouse in retaliation for his reporting the wrongdoing of a subordinate. Dennis Walsh maintains that the actions of the defendants caused him to have a heart attack, and that he was compelled to transfer to another fire station to avoid continuing harassment and abuse. The transfer allegedly precluded Dennis Walsh from obtaining overtime assignments, which resulted in a loss of income.

DAMAGES

Dennis Walsh claims loss of income for missed overtime assignments, damages for loss of reputation in the community and within the Department, which adversely

affects his opportunity for future promotions, damages for physical pain and suffering related to the heart attack, and emotional distress damages caused by the hostile work environment.

If the plaintiff prevailed at trial, we estimate the potential damages could be in excess of $400,000.

Under the proposed settlement, the County would pay $122,500 to settle all of plaintiff=s claims.

STATUS OF CASE

After proceeding to trial, the case was interrupted for further settlement conference by the trial judge. The matter has been continued pending approval of this recommended settlement.

The County has incurred $103,711 in attorney=s fees and $8,611.57 in costs in defense of this action.

EVALUATION

We believe a jury could find that the County employees retaliated against the plaintiff because he reported incidents which he believed were violations of departmental policy and state law. A jury could also find that the retaliation included slanderous and libelous statements made about the plaintiff, including one that he was the subject of a Department of Health Services investigation, and that the defendants conducted an unfounded internal investigation of the plaintiff. We also believe that a jury could find that the plaintiff suffered both physical damage, in the nature of a heart attack, and emotional distress damage because of the improper internal investigation, the false statements and stress caused by the theft of his belongings and the warning made by others that plaintiff=s fellow employees would be unwilling to protect plaintiff in a dangerous situation on the job.

We join with our private counsel, Laquer, Urban, Clifford & Hodge, LLP, in recommending this settlement. The Fire Chief concurs in this recommendation.

APPROVED:

DONOVAN M. MAIN

Senior Assistant County Counsel

LOS ANGELES COUNTY FIRE DEPARTMENT

CORRECTIVE ACTION REPORT

DENNIS WALSH v. COUNTY OF LOS ANGELES
LOS ANGELES SUPERIOR COURT CASE NO. TC011718

FILED: October 13, 1998

DATE OF INCIDENT: October 14, 1997

LOCATION OF INCIDENT: Los Angeles County Fire Station 41

1815 E. 120th Street
Los Angeles, Los Angeles County

EMPLOYEE/PLAINTIFF: Captain Dennis M. Walsh

INCIDENT SUMMARY:

On October 14, 1997, at 6:43 a.m. Fire Station 41 received and responded to a full cardiac emergency of a 63-year-old female at 12030 S. San Pedro Street, Willowbrook, California. The call was received approximately 30 minutes prior to the normal shift change.
Upon arrival at the scene, Fire Department personnel found the patient in full cardiac arrest. Paramedics immediately started advanced life support efforts and the patient was rapidly transported to the emergency room. The patient did not respond to emergency medical treatment and was pronounced dead by hospital personnel.
After returning to the fire station, Captain Walsh alleged that the on-duty fire engine driver had not received supervisory permission to leave early. As a result, Paramedic Engine 41=s ability to respond in a timely manner was hampered by the oncoming fire engine driver having to be alerted and gather his equipment in order to respond to the incident. Captain Walsh also claimed that the delay caused by the confusion of who was the responsible driver contributed to the patient=s death. Captain Walsh initiated action to have the on-duty fire engine driver=s work hours changed on his timecard to reflect his early departure.

An investigation into Captain Walsh=s allegations conducted by the Department determined that the on-duty fire engine driver had received permission from his captain to leave the station early but there was some miscommunication between the two drivers. At the time of the alarm, the oncoming fire engine driver had to be reminded that he was to drive on this particular incident. A critical review and comparison of other emergency medical response times into the same area as the incident in question revealed there was not a significant time delay by the responding paramedic engine.

Corrective Action Report
Page 2
Captain Walsh submitted three (3) grievances relative to management=s interpretation that the Department=s relief procedures were not violated by the on-duty fire engine driver. Captain Walsh submitted these grievances to a manager outside of his chain of command. The manager attempted to reconcile the grievances instead of involving Captain Walsh=s immediate supervisor, which resulted in a time delay; however, Captain Walsh refused to meet with the deputy fire chief for the final step of the grievance process leaving the grievance unresolved.
To complete the grievance process, the deputy fire chief should have returned the grievance form to Captain Walsh with a definitive answer even though Captain Walsh refused to meet with management.

Following the October 14, 1997 incident, Captain Walsh alleged that his colleagues were conspiring against him and the relationship between Captain Walsh and fire station
personnel deteriorated. He also stated that his co-workers would not assist him in
emergency situations. Additionally, Captain Walsh claimed that another captain at his station made inaccurate statements that the Department of Health Services was conducting an investigation or complaint against Captain Walsh.

A co-worker of Captain Walsh had forwarded a written complaint to management relating inappropriate behavior that had happened several years earlier. At that time management conducted an investigation relative to the written complaint and could not substantiate any of the charges. No actions against Captain Walsh were taken.

Several months after the incident, and during Captain Walsh=s work-related medical leave, Captain Walsh claimed that several items were missing from his personal locker and from a desk located at the fire station. His emergency gear that is stored at the fire station was also missing. An investigation into Captain Walsh=s reported missing items found that his personal items had been moved from the common space due to the length of time he was off on leave. An item of missing safety equipment was replaced. While the personal items that he listed as missing from his locker were never verified, the Department approved a work order to have the locks on the personal locker replaced to increase security. The station personnel were also counseled on the proper care of co-workers personal and emergency equipment while they are off duty.

As a result of the strained working relationship created by these events, Captain Walsh requested to be temporarily reassigned to a fire station within the same field division. Later he was permanently reassigned to another paramedic engine. Captain Walsh=s personal benefits, access to overtime, and paramedic pay bonus were never interrupted or compromised by these reassignments.

Corrective Action Report
Page 3
Subsequently, Captain Walsh sued Departmental employees alleging a hostile work environment and retaliation.

RISK MANAGEMENT ISSUES:

Issue #1 B Personnel relief procedures including the complete briefing of relief crewmembers and responsible supervisor allegedly did not occur, resulting in a delayed response to a medical emergency.

A search of our computer dispatch system of previous emergency responses from the fire station to addresses in the vicinity to the rescue in question verified that there was no significant time delay; however, there is a risk that the community would have reacted
negatively to Captain Walsh=s allegations of a delayed response even though the Department=s response data proves otherwise.

Issue #2 B Fire station personnel allegedly made statements that the plaintiff would not be provided back-up support on emergency incidents.

These statements were conveyed to Captain Walsh by an employee who overheard Departmental members making statements that they would not provide back up for him on emergency incidents. The witness was later deposed and confirmed what he had heard.

Issue #3 B Fire station personnel allegedly made comments of a racial nature regarding the heart attack victim.

Captain Walsh alleged that a co-worker made an inappropriate racial and age remark regarding the heart attack victim. The allegation was investigated and could not be substantiated.

Even though the accusation could not be substantiated, the possible perception by the community of a racially prejudiced worker was determined to be a risk in proceeding with trial.

Corrective Action Report

Page 4

CORRECTIVE ACTION SUMMARY:

While many of Captain Walsh=s concerns could not be substantiated, the investigation revealed a workplace where tension had developed between at least two of the shifts at

the fire station, which could have affected the Department=s service delivery.

As a result of these findings, the following corrective actions will be taken as noted:

3. Delivery of a Mutual Courtesy and Respect memo to each Department member with payroll warrants B completed January 2000. (See attached.)

4. A Department-wide class, titled Character Based Teams, on diversity, tolerance and mutual respect is being provided by the Office of Affirmative Action Compliance. Training of all Department employees by the Office of Affirmative Action Compliance will be complete by March 2001.

5. Develop and distribute to all managers and captains a communiqué that emphasizes their role and responsibility regarding confidentiality of investigations, conflict in the workplace, control of rumors, and expeditious follow up on anything out of the ordinary within their workplace and/or command - complete by November 2000.

6. Department personnel involved with these issues will be reminded of the potential impact of comments, conversations and actions occurring during what they may perceive as casual circumstances in the workplace. Will be completed by December 1, 2000.

January 25, 2000
ET - 64

TO: ALL CHIEF OFFICERS

ALL ADMINISTRATIVE SITES

FROM: FIRE CHIEF P. MICHAEL FREEMAN

SUBJECT: MUTUAL COURTESY AND RESPECT

DISPOSITION: RETAIN IN BRIEFING MANUAL UNTIL MARCH 15, 2000;

THEN DISCARD

This is a reminder that employees are expected to maintain a high level of mutual courtesy and respect, and that our Standards of Behavior prohibit the use of coarse, profane, insulting, threatening, defaming or demeaning language toward or about any individual or group.

In addition to commonly-known racial epithets, other derogatory terms for groups of people are not consistent with the image of this Department and should not be used. Statements that are not to be made are those that in some way stereotype an individual based upon his/her race, religion, color, gender, or sexual orientation. Statements of this nature create an atmosphere that single people out and may be considered insulting or demeaning.

The Core Values of this organization are Integrity, Teamwork, Caring, Courage, Community, and Commitment and are consistent with the Standards of Behavior. Acting in a manner that is inconsistent with these values can and will result in corrective action, including strong discipline.

As we enter a new millennium and continue to nurture an environment of inclusiveness, the most successful approach is one where co-workers are an integral part of a team where mutual respect and courtesy prevail. This means treating each other, and the public that we serve, in a manner that demonstrates our commitment to understanding and valuing diversity in our organization and in our community.

Any questions may be directed to your supervisor or to Epi Peinado, Chief, Employee Relations, at (323) 881-2470.

PMF:lyg
f/courtesy.et

ALL PERSONNEL SHALL READ AND INITIAL

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