By Duane Bourne
The Virginian-Pilot
VIRGINIA BEACH, Va. — A firefighter is challenging his demotion from captain after complaints of hazing last year.
Robert Valentine ran Station 9 in Kempsville for four years. His rank was reduced to master firefighter and he has appealed the demotion in Circuit Court. His lawyer contends that the grievance process was unfair.
The city has declined to discuss the demotion, saying that it is a private personnel matter. The circumstances surrounding the case have not been made public.
Fire Chief Steven Cover did not return two telephone requests to comment on the case. He wrote three memorandums about the hazing or harassment of a recruit, but none have been made public.
Valentine declined requests for an interview. But a letter from his wife, which was sent to City Council members last month and obtained through a Freedom of Information Act request, provided some background.
Regina Rossi Valentine wrote that her husband was blamed for allowing six hazing incidents between January 2007 and January 2008. Valentine, a 19-year veteran of the department, was placed on administrative leave.
When the internal investigation ended in March, Valentine, who had no history of disciplinary action, was demoted and given an “employee improvement plan” to ensure that he was “salvageable,” according to the letter.
“What crime so heinous did Captain Robert Valentine commit to warrant such a punishment?” his wife wrote. “All we want is the truth to be told.”
“We want to clear his name,’' the letter continued. ''We want his gold bars back on his white uniform.”
City Council member Harry Diezel would not address the case but said, “From my perspective as a former fire chief, hazing that is disruptive and or injurious is not acceptable.”
Regina Rossi Valentine wrote that at least four of the alleged incidents happened in the first half of 2007 when her husband was on light duty and under another command while recovering from a motorcycle injury.
She says another incident occurred after Valentine had transferred to Station 12 in the Seatack section.
Another officer was in charge at that time , she wrote.
In July, after nine hours and several witnesses, a personnel board upheld the demotion.
According to court documents, Valentine’s attorney, Michael Imprevento, argued that the personnel board proceedings denied Valentine due process. Imprevento said the city’s witnesses took up a good part of the testimony and Valentine was not allowed to present an adequate defense before the hearing ended.
“I won’t get into any personnel issues because there is a right of confidentiality here,” Senior City Attorney Christopher Boynton said. “Our position is that only a sliver of cases are appealable to city court.”
The hearing is scheduled for February.
Copyright 2008 Landmark Communications, Inc.
All Rights Reserved