FOR IMMEDIATE RELEASE: March 16, 2004
FURTHER INFORMATION:   Jeff Zack (202) 824-1506 (O),
                                              (202) 360-9778 (Cell);
                                              Jim McBride (202) 824-1566 (office)

ODESSA FIRE FIGHTER WINS FEDERAL FIRST AMENDMENT CASE AGAINST CITY OFFICIALS

IAFF Local 1665 President Stan Tinney Vindicated After Being Punished For Voicing Public Safety Concerns

ODESSA, TX – Stan Tinney, president of International Association of Fire Fighters Local 1665, and other officers of the Odessa Fire Fighters Association, today announced they have settled their federal court action against the City of Odessa and its officials for punishing the fire fighters for exercising their constitutional right of free speech and association.

“This is a victory for fire fighters everywhere and for public safety,” says Harold Schaitberger, General President of the International Association of Fire Fighters. “This settlement demonstrates the kind of action government officials can expect if they attack fire fighters for speaking out on public safety issues.”

In October 2001, Tinney led a local meeting in which fire fighters expressed concerns about serious fire department problems, including inadequate staffing and delayed responses to fire and rescue scenes, the need for a fifth medic unit, more effective Tuberculosis masks and other public safety issues. The meeting was summarized in a newsletter prepared by Tinney and placed on the union’s new website.

In response, Odessa city officials subjected Tinney and four other local officers, Ted Powell, Richard Raymond, John Taylor and James Lujan to a campaign of intimidation. Tinney was also suspended without pay, given a letter of reprimand and later downgraded in performance evaluations. Tinney was represented by the IAFF’s General Counsel, Tom Woodley, through the union’s Guardian Policy, a program created by President Schaitberger to protect IAFF members who are retaliated against for union-related activity.

“This victory is good for the citizens of Odessa,” says IAFF 11th District Vice President Buddy Mass, who represents Texas, Oklahoma and the Panama Canal Zone. “Now our fire fighters know they can work to improve safety in their community free from retaliation by over-zealous city officials.”

The federal court in Midland-Odessa issued a decision on September 16, 2003, finding that the City of Odessa violated federal law when it punished and disciplined Tinney for exercising his constitutional rights of free speech and free association. The court also ruled that City Fire Chief Stephen Pollock, Human Resources Director Donald Byrne, and former City Manager Jerry McGuire were personally liable for the same violations of Tinney’s rights.

The settlement that was approved by the court today provides that the City protect the free speech rights of its fire fighters. The punished fire fighters will receive $265,000 covering back pay, additional compensatory damages, and attorneys’ fees and litigation costs. In addition, all reprimands will be expunged from city records.

About the International Association of Fire Fighters

The International Association of Fire Fighters, headquartered in Washington, DC, is the 16th largest union among the 64 national unions that makeup the AFL-CIO. The IAFF represents more than 263,000 full-time professional fire fighters and emergency medical personnel who protect 80 percent of the nation’s population. More than 2,900 affiliates and their members protect nearly 6,000 communities in every state in the Unites States and every province in Canada.