Evansville Courier & Press
EVANSVILLE, Ind. — An Evansville ordinance that forbids people with a “less than honorable” military discharge from becoming a city firefighter is believed to be in violation of a federal law protecting veteran employment rights.
The violation could mean those wrongfully denied a chance to apply because of the ordinance could have grounds for a lawsuit against the city.
The ordinance, which the City Council approved 6-3 in September, was sponsored by Councilman Al Lindsey, a Sixth Ward Democrat and Evansville Fire Department captain.
“We can’t supersede federal law,” Lindsey said Tuesday evening.
He said Councilman Conor O’Daniel, D-At-Large, is reviewing the ordinance, and will offer an amendment in the coming weeks.
Denied Applicants
The ordinance states a person must “have no less than an honorable discharge from military service.”
According to city officials, the ordinance prevented at least two applicants from consideration for the fire department.
Clinton Maclin was one of them.
In 2005, Maclin received an entry-level separation from the Navy after 20 days of service because of a vision issue.
Almost a decade later, he set out to become an Evansville firefighter, taking two jobs to pay for emergency medical technician courses. During the recent open application period for the Evansville Fire Department, he was notified via email that his application was denied.
The reason: His military discharge was considered “less than honorable.”
“Entry-level separation is in no way dishonorable. It is a separation given to recruits found to be unqualified for the military within their first 180 days of service due to unforeseen circumstances,” Maclin explained to the Evansville Fire Merit Commission Tuesday.
Maclin’s attorney, Aaron Trump, said the city ordinance is eclipsed by a federal law that protects the employment rights of military veterans — the Uniformed Services Employment and Re-employment Rights Act of 1994.
“I don’t want to bring suit against the city. Clint’s not trying to do that — that’s not how he’s trying to get on the fire department. He just wants the chance to enter the process, and have his application reviewed, and have his chance to become a firefighter based on merits,” Trump said.
Evansville City Attorney Keith Vonderahe agreed with Trump’s analysis.
“I think the federal law trumps the ordinance. The ordinance that’s drafted now is invalid,” Vonderahe said.
The federal law doesn’t protect veterans discharged with dishonorable or bad conduct discharges. But those with discharges such as Maclin’s are guarded.
The Fire Merit Commission voted to allow Maclin to take the written exam on April 25, the next step in the application process.
Merit Commission President Ryan Schulz recused himself from Maclin’s portion of the meeting. Commissioner Jim Nunning, the City Council’s appointee to the board, was absent.
The merit commission gave Jerry Steckler permission to contact another person who had their application denied because of their military discharge and give them the same opportunity.
‘Shame on them’
After hearing Maclin’s story in February, the City Council’s attorney, Scott Danks, said the body would review and propose an amendment to the ordinance to prevent cases like Maclin’s.
Two months later, however, no amendment has been filed.
Trump said he thinks the City Council is “dragging their feet” on the amendment, which was preventing Maclin from proceeding with the current round of applicants.
Lindsey sponsored the ordinance. Others voting for it were Dan McGinn, R-1st Ward; Stephanie Brinkerhoff-Riley, D-3rd Ward; Connie Robinson, D-4th Ward; John Friend, D-5th Ward; and Dan Adams, D-At-Large.
The no votes were from Missy Mosby, D-2nd Ward; O’Daniel, D-At-Large; and Jonathan Weaver, D-At-Large.
Fire Commissioner Ann Burnworth said the board sent a letter criticizing the City Council for not consulting with the merit board before passing the ordinance.
The Fire Merit Commission vets and approves applicants to the departments, as well as other personnel matters.
“Shame on them,” Burnworth said about the council not knowing Lindsey’s ordinance was in violation of federal law before passing it.
Lindsey said it wasn’t their intent to break federal law.
“We’re going to follow federal guideline,” he said.
He said he wanted to raise the department’s standards and be equal with the police department, which has the same condition of employment.
Now, the City Council needs to change the standards for both departments, he said.
Copyright 2015 Evansville Courier & Press
All Rights Reserved