This is by no means a rush to convict in the court of public opinion the Cleveland firefighters up on charges that they gamed the system by trading away their shifts to pursue lucrative second jobs. Being charged is a far cry from being convicted; and regardless of how anyone feels about the charges, it is important to remember that the men are innocent until proven guilty.
The charges, however, are likely to stir a range of emotions among firefighters and the public.
In short, 13 firefighters were indicted by a grand jury for illegally paying others to cover their shifts. This may be the first time federal charges have been brought against firefighters in a “caddying” case.
City officials say they expect to suspend the firefighters without pay until the case is resolved. The union issued a statement saying it will represent its members and is waiting for more information to come out of the legal process.
It appears that this case will be a battle of state law versus federal opinion. Ohio law allows firefighters to exchange shifts for shifts but prohibits them from exchanging shifts for money. A 1993 U.S. Department of Labor ruling says it is acceptable to pay for shift covering.
Incidentally, the 13 firefighters who are said to have accepted money for shifts were given immunity from prosecution in exchange for information on the case.
Regardless of how this case is decided, it raises some serious concerns. First is that of firefighter and civilian safety. I will not be surprised to see some sort of limits come out of this to prevent firefighters from working so many hours that they are too tired to be safe and effective — think trucker driving limits.
I also expect a public-opinion backlash. I suspect the public, and their elected officials, will be quicker to pass judgment on the accused firefighters than will those of us in the fire service.
Firefighters, I suspect, will find their lack of dedication to the job offensive. In my head I can hear, “If you don’t love the job, retire and make room for somebody who does.”
But the public is likely to see it as cheating the system, whether it was within those firefighters’ rights or not. And that sense of violated trust and fair play could be a driver for rule changes in a lot of cities.