Copyright 2006 Journal Sentinel Inc.
By ASHLEY JOHNSON
Milwaukee Journal Sentinel (Wisconsin)
Members of the Milwaukee Fire and Police Commission upheld the dismissal of a Milwaukee Fire Department lieutenant in a unanimous decision Tuesday morning.
Lt. James D. Nelson was fired in January for his part in an incident in which another firefighter, while on duty, performed a lewd sexual act in front of a computer as firefighters at a different firehouse watched, according to a Fire Department report.
Last week, commission members upheld the seven counts of duty misconduct used to fire Nelson.
After deliberating for about an hour Tuesday, they decided that Nelson should be permanently discharged for three of the violations and demoted to the rank of firefighter for the others.
Willing to accept suspension
Nelson’s lawyer, John Fuchs, said the punishment does not fit the violations.
“From the perspective of the client, it was very disappointing, and the reason very simply is that you have to appreciate Nelson was not the individual acting out on the computer,” Fuchs said.
He said Nelson was willing to accept a suspension or demotion or combination of both.
“All he wanted to do was to be able to continue his career,” Fuchs said.
Assistant City Attorney Jay Unora could not be reached for comment.
Nelson has 10 days to appeal, from the time the written decision is issued.
Lt. Sean Moore, heavy equipment operator Eric W. Kentowski and firefighters Matthew A. Palmer, Mark W. Zalewski and John P. Fisher also were fired in connection with the incident. All the men have appealed the terminations.