By Alan Riquelmy
Columbus Ledger-Enquirer
OPELIKA, Ala. — A former Phenix City firefighter testified during the first day of his federal civil trial that he was fired in April 2006 for talking to the mayor.
David Davis was the first witness called to the stand Monday at the downtown U.S. Courthouse. A former president of the Phenix City Firefighters Association and eight-year veteran of the Phenix City Fire Department, Davis claims his First Amendment rights were infringed because his termination stemmed from a April 17, 2006, call to Mayor Jeff Hardin in opposition to a city ordinance.
Court documents state Davis is seeking $500,000.
“They gave me a piece of paper,” Davis said of his April 21, 2006, termination. “They told me I was going to be terminated, but they gave me the chance to resign... So I asked, ‘So, I’m being fired for calling the mayor?’ I was told yes. I thought you had the right to contact your political leaders that you helped to get elected.”
The ordinance Davis had called Hardin about concerned extending a probationary firefighter’s term from 12 to 18 months — a move Davis and others opposed. Davis said he learned about the proposed ordinance on April 16, 2006, while on the job. He spoke with a superior, who told him he should call the mayor, Davis testified. Hardin also had told Davis multiple times that he had an open-door policy for firefighters, he added.
Attorneys for the defense argue Davis was fired for failing to follow the chain of command. Instead of going up through the ranks and eventually reaching the city manager and Phenix City Council, attorney Jim McKoon argued in his opening statement that Davis left a message with Hardin’s office that he would speak only with the mayor.
“Regarding city proposals, he will not speak with anyone else,” McKoon said the phone message Davis left read. “What position does that put the chief in? It undermines his authority. That’s why the chain of command is so important.”
Speaking to the eight-person jury, McKoon said the fire department had many issues when Chief Wallace Hunter took command in May 2005. Hunter wanted to talk to his employees and work through the issues -- a chance McKoon claimed Davis never would grant because he was in a union that can’t exist without problems.
In September 2005, Davis called a meeting of his association, McKoon said. “A reporter shows up, magically, and they have a gripe session,” he said.
A newspaper article followed the meeting, and Davis received department policies in writing following the story. One of those policies included free speech, which firefighters have, except when it breaches harmony in the workplace or jeopardizes loyalty, McKoon said.
“If you hold a press conference and say things that may or may not be true, you’re impeding job performance,” the attorney said.
Doug Steele, who represents Davis, said his client was terminated for having the audacity to call the mayor. After the September 2005 meeting with a reporter, Davis was told he had to have approval before speaking to the media, Steeple said. However, Hardin told Davis and other firefighters while campaigning for office that he would have an open-door policy if elected.
“Mr. Davis took up the mayor on his offer on his open-door policy,” Steeple said.
Davis said he called the mayor on an off day about a political issue that wouldn’t affect him if enacted, adding Hardin told him to call if he was ever needed.
Davis appealed his termination to the city’s Personnel Review Board, though it was upheld and he appealed to federal court. He said his firing affected him greatly, making him depressed.
Davis is now employed with Care Ambulance Service in Phenix City and with the Opelika Fire Department.
“Every since I’ve been fired, I’ve felt like less of a man,” he said. “I just don’t take the same type of pride that I used to. I just want to be back on the fire truck with them. I made a phone call and lost it all.”
The trial continues today and is expected to conclude by Friday.
Copyright 2008 Columbus Ledger-Enquirer