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Union leader calls fire captain’s suspension for ‘fraudulent’ sick leave a ‘witch hunt’

The city said Mike Hamburger’s use of sick time cost it $14,000, which doesn’t include the cost of having firefighters fill the open posts

By Mara H. Gottfried
Pioneer Press

ST. PAUL, Minn. — The St. Paul fire chief recently suspended a captain for five days, saying he “engaged in fraudulent and deceptive conduct related to requests and use of sick leave with pay.”

The city said Mike Hamburger’s use of sick time cost it $14,000. The figure doesn’t include the cost of having firefighters fill the open posts, which is frequently at overtime rates.

“These are disturbing allegations that, if true, may have cost St. Paul taxpayers tens of thousands of dollars in stolen wages,” Mayor Chris Coleman said in a statement this week.

“SPFD is an outstanding fire department that provides exceptional fire suppression and EMT services to our city,” Coleman said. “The vast majority of fire fighters and paramedics come to work every day focused on their mission to keep residents of our city safe. That reputation should not be tarnished by allegations against a few bad apples.”

Asked whether the city would try to recoup money from Hamburger or refer the case for criminal investigation, St. Paul human resources director Angie Nalezny would say only that the investigation continues and that the results “will help the city determine what actions can be taken.”

Hamburger, a St. Paul firefighter since 1994, had already planned to retire when he was notified of the suspension, according to Chief Tim Butler’s letter to Hamburger. His last day with the fire department was July 21.

Hamburger declined comment Wednesday at his attorney’s request. But Mike Smith, president of the union representing rank-and-file firefighters, said he thinks the situation is “a witch hunt.”

“I believe this is a breakdown in policy and improper follow-through on an administrative level, and now they’re pointing fingers and trying to blame anyone,” said Smith, who heads the International Association of Fire Fighters Local 21.

Butler disputed the characterization, saying it’s an employee’s responsibility to follow the city’s sick-leave policies and “management is obligated to investigate, and if necessary, correct reported sick-leave misuse.”

‘BEHAVIOR … DOES GREAT HARM’

The fire chief wrote in a July 17 letter that Hamburger “intentionally requested and used sick leave benefits” he wasn’t entitled to and “attempted to deceive department officials in their efforts to clarify” his medical status.

“Your behavior violates the Firefighter’s Oath of Office and does great harm to the reputation of all firefighters and public servants,” Butler wrote to Hamburger. “At a time when trust in government is low, yet the cost of services to taxpayers is very high, you acted in a manner that grievously violated the public’s trust.”

Hamburger took sick leave beginning on May 6. The city’s Human Resources department notified him June 13 that it had just become aware he was out of work for more than three consecutive shifts due to a medical condition and reminded him he had to provide documentation, according to Butler’s letter.

On July 12, the city received an aftercare summary from a doctor’s appointment Hamburger had that day, yet “there was nothing … that covered treatment by this physician prior to July 12,” Butler wrote. The doctor sent follow-up information saying Hamburger was under his care since May 8, but an HR worker “found it vague and still not sufficient to cover the prior dates for an extended medical leave,” the letter continued.

The city had disciplined Hamburger in the past related to sick leave — he received oral reprimands in 2005 and 2007, and a written reprimand in 2007, according to Butler’s letter.

ATTENTION TO SICK TIME

In the short term, the fire department will use an “analytic report” to track sick leave “to help ensure compliance with mandatory medical documentation requirements,” Nalezny said.

The fire chief sounded the alarm about firefighters’ sick time in December. He sent a department-wide email saying they had “a disturbing — and costly — pattern” of calling in sick on weekends. He told them, “We have to stop that misuse.”

Smith said Wednesday that the city keeps complaining about firefighters’ sick time but doesn’t care enough to provide them with a health and wellness coordinator.

“We’re busier and busier with runs every year, so let’s get some help for our people who are burnt out, have ongoing injuries and PTSD — the things that people use their sick time for,” Smith said.

Butler said he and the union are united in their desire for a health and wellness coordinator, and have made a number of requests for one. Coleman proposed funding for a coordinator in this year’s budget, but the position didn’t get filled as the city had to revamp the funding for the street-maintenance program.

Copyright 2017 Pioneer Press

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