Melissa Bailey Photo
Fire Capt. Frank Ricci won’t be disciplined for sharing photographs of a firefighter’s injuries with the Independent.
Fire Chief Allyn Wright had threatened to discipline Ricci (pictured) for sharing the photos of second-degree burns that rookie Jason Rivera had suffered from his knees to his ankles as well as on his wrist and stomach. Rivera had raced into a burning house to rescue a trapped man the night of Feb. 28. (Read about that here.)
Ricci (who was the named plaintiff in the U.S. Supreme Court revere-discrimination case involving New Haven firefighter promotions) subsequently filed a state labor board complaint against the chief for violating his rights as a union and department official to speak with the press; and for not allowing him to choose his own union representation during a disciplinary discussion. The chief argued that the department should have approved the release of the photos, and that children would find the photos in “bad taste.” Ricci serves as the firefighters union secretary and the department’s drill master.
On June 23, Ricci and city labor relations chief Marcus Paca signed a settlement agreement, after which Ricci withdrew the complaint. The city took no disciplinary action against Ricci.
In the settlement, the city agreed that it cannot “direct a bargaining unit member to act as a union representative”; “fail to advise a bargaining unit member of the purpose of a meeting when disciplinary action is a possibility”; “unreasonably delay its findings from a disciplinary meeting”; “threaten to issue disciplinary action without due process.” The statement also affirms that “so long as bargaining unit members or union officers do not represent that they speak for the Fire Department, they may speak publicly on matters of public concern in accordance with federal and state law.”
Ricci called his disciplinary hearing “egregious” and “vindictive” because of differences he has had with department brass. “I was vindicated,” he said of the settlement.
“This was an incident that was handled internally, and all parties were made whole,” Paca said. He said the chief learned after proposing the discipline that Rivera had consented to having the photographs distributed.
“And that alone, the chief wanting to suspend me for 15 days before he investigated the issue demonstrates that the hearing was a pretext for retaliation and discrimination,” Ricci said.
Wright couldn’t be reached for comment.
Maybe to avoid these unnecessary disputes and their associated costs, the City can require its fire chief to attend a crash course on the first amendment and free speech rights?