Can Someone Explain this Punishment to Me?

[mexitucky]

http://news.nky.com/apps/pbcs.dll/article?AID=/AB/20080214/NEWS0103/302140069/1059/NEWS0103

 

Why is this guy getting severly punished? Is it for violating an ordinance? I don't see how this guy can lose so much pay, when he apparently had a little alcohol on his own free time. He was under the legal limit when he crashed. If he had been driving his own car, the punishment would be nowhere near what it is now. Unless I misread the article, or something was left out of it, I don't see why paying retribution for the car isn't enough.

[NamecipS]

"Deputies found alcohol was a factor in the crash."

[HHSDad]

I went to school with Buddy and always thought he was a good guy. But I agree with the city in this instance. The policy forbids consuming alcholic beverages before operating a city vehicle. The reason for this is simple. If he had veered left of center and killed another driver, the city would also be liable because he was driving a city vehicle.

 

From reading the article, it would appear that Buddy had no issue with the punishment. He screwed up and he's accepting the price, including offering to pay for the vehicle. He gets punished, but retains his job.

[True blue (and gold)]

Sounds like a fair punishment to me. The city requires NO alcohol, just just under the legal limit. This man made a conscious choice to do what he did and is lucky that things aren't worse than they are.

[JOHNDUNHOFT]

I agree the guy knew he was wrong accepted the fact that he did something wrong and agreed with the punishment. He should have never got behind the wheel even with one drink as the ordinance clearly stated no alcohol when operating a City owned vehicle. This guy was and is from what I understand a terrific Fire Chief. He knew he was wrong and paid the price. JD

[mexitucky]

I understand that he is being punished by the ordinance, but to this extreme? He was under the legal limit. If he wasn't legally drunk, can they be 100% certain that alcohol was THE factor, or b/c it was in his system it just HAD to contribute? I mean, if he was in his own car nothing is made of this but an insurance claim.

[mexitucky]

"Deputies found alcohol was a factor in the crash."

We don't know if it was a minute factor, that statement is very very elastic, especially considering his blood alcohol level.

[HHSDad]

(f) Discipline. Under FTA rules, discipline for drug and alcohol program violations is determined at the local level. The city discipline policy for alcohol misuse and/or drug abuse conduct follows below; however, individual circumstance pertaining to a positive drug test, and alcohol test with a concentration above .02, or a refusal to test may merit additional consideration.

1. Any employee whose test from a random test, reasonable suspicion, or post-accident basis shows an alcohol concentration of .04 or higher, or is positive for any drug as defined in section (F)(1) herein, or whose actions constitute a refusal will:

• Be removed from their safety-sensitive position.

• Be referred to and assessed by an SAP.

• Be subject to discipline subject to the filing of charges with the Non-Uniform Civil Service Board.

• If deemed necessary by the SAP, be referred to and complete a treatment and rehabilitation program.

• If allowed to return to duty, be seen by the SAP to determine compliance with any recommended or prescribed substance abuse program and then tested for drugs and/or alcohol before returning to duty. Tests must be negative of drugs and show an alcohol concentration of less than .02.

• Agree to return to work agreement developed in conjunction with the SAP and the city outlining terms of return to work, including ongoing treatment, aftercare conditions, and additional unannounced follow-up tests for a minimum of 1 year, with a minimum of 6 tests the first year.

2. All refusals will be treated as a violation of the rules, recorded as a positive test, and employee shall become subject to discipline up to and including discharge.

3. Additional measures for discipline are listed in the city's Drug-Free Workplace Policy and Personnel Policies.

[Deuce41]

Depending on the amount of alcohol in the system of the guy, it could impair him even if he was under the legal per se limit. He knew the rules (I assume) and he broke them, end of story, sounds to me like he got a break getting to keep his job. They would have put me in the un-employeement line (or under the jail)

[cshs81]

I understand that he is being punished by the ordinance, but to this extreme? He was under the legal limit. If he wasn't legally drunk, can they be 100% certain that alcohol was THE factor, or b/c it was in his system it just HAD to contribute? I mean, if he was in his own car nothing is made of this but an insurance claim.

 

I'm sure the police and the city took into account that the guy still had a .05 HOURS after he crashed. He's lucky he wasn't fired.

[extackler]

Drinking and driving is always wrong. What gets me, is that too many of these city's allow their vehicles to be used for personal business. With the gas prices and insurance premiums as high as they are, they're being wasteful of tax payers dollars. City vehicles should be parked at the end of the work day unless your on official business. Doesn't sound to me like he was on official business.

[cooperstown]

I understand that he is being punished by the ordinance, but to this extreme? He was under the legal limit. If he wasn't legally drunk, can they be 100% certain that alcohol was THE factor, or b/c it was in his system it just HAD to contribute? I mean, if he was in his own car nothing is made of this but an insurance claim.

 

But I think that's the whole point. He wasn't in his own car and the rules are - and should be - much stricter with you are driving a car paid for by the taxpayers. I have a car provided by the government and there is a zero tolerance drinking policy (doesn't matter for me, as I don't drink anyway). Get caught with alcohol in the car or driving with any alcohol level in your system and it's a 30-day vacation.

 

BTW, I know him and he is a good guy, as is his temporary replacement.

[20/20Hindsight]

I'm sure the police and the city took into account that the guy still had a .05 HOURS after he crashed. He's lucky he wasn't fired.

 

This is my thinking as well. Wonder what his BAC was when the crash actually ocurred...

[Hamilton Joe]

My brother worked for many years with Chief Wheatley and said he was a great guy and an outstanding firefighter with an impeccable record with the Covington Fire Dept.

He made a huge mistake that by all accounts he has taken full responsiblity for his actions. I believe the City of Covington made the proper decision and Chief Wheatley has manned up for the bad decision he made that night.....Time to move forward from here.

[theguru]

It sounds like a fair punishment to me. However, if he wasn't the Chief I bet the punishment would have been a lot worse.