By Tom Kertscher
The Milwaukee Journal Sentinel
SOUTH MILWAUKEE, Wis. — Within a month of returning to work after the firefighters union tried to get him terminated, Fire Chief Jay Behling took disciplinary action against the union president, according to a new complaint filed against him.
The city says the union president, Lt. Glen McCoy, clearly violated a work rule and that the violation happened to occur shortly after the chief’s return.
The dispute means Behling and McCoy likely will confront each other before a state hearing examiner in December.
The controversy began after Behling admitted to using racial slurs against African-Americans five times in February while with employees at the firehouse.
The firefighters union led a campaign to get Behling fired, but the city Police and Fire Commission instead imposed a 90-day unpaid suspension. Behling returned to work July 14.
On Aug. 14, according to a complaint filed with the state Employment Relations Commission, Behling issued McCoy a written reprimand.
The two sides agree that a firefighter who had been on sick leave failed to submit a report indicating he was fit for work before returning to duty Aug. 10. They disagree on whether it was McCoy’s responsibility to see that the form was filed before the firefighter resumed his work.
McCoy’s lawyer, John Kiel of Salem, said Tuesday that “expectations were unclear” on the filing of the form and there was no consistent practice on when the form was filed. He accused Behling of retaliating against McCoy.
City Attorney Joseph Murphy denied the retaliation claim, noting that Behling did not reprimand the firefighter who failed to submit the form. Like McCoy, that firefighter also testified against Behling before the Police and Fire Commission, Murphy said.
McCoy is asking the state hearing examiner to order the city to remove the reprimand from his file and to pay his legal expenses in the case.
Copyright 2009 Journal Sentinel Inc.