GARDINER, Maine — A captain and a union president are among three Gardiner firefighters disciplined by the city last month because they engaged in inappropriate conduct against another city employee.
According to city documents released Thursday, all three received a one-year suspended termination, meaning they can be fired immediately if they violate city policy again. Discipline also included demotion and unpaid suspensions.
Capt. Richard Sieberg, Andrew Santheson and union president Dustin Barry were back on the job as of Jan. 10.
City manager Scott Morelli tells the Kennebec Journal that he cannot disclose the exact nature of their actions, but they were not criminal in nature. The firefighters could not be reached for comment.
This tells us nothing.
This story is an active barometer of why the BDN will never be a contender for a Pulitzer Prize.
C’mon folks upstairs in the news room. How about I come in and do some in-service training on how to file a FOIA request, eh? Until then be content with spending some time over at the Fogler Library reading back issues of the Maine Times.
exempt from FOIA I believe. Apology maybe?
http://www.mainelegislature.org/legis/foa/
your link was non specific how about showing us where the exemption is in the MRSA
Title 30-A: MUNICIPALITIES AND COUNTIES HEADING: PL 1987, C. 737, PT. A, §2 (NEW)
Part 2: MUNICIPALITIES HEADING: PL 1987, C. 737, PT. A, §2 (NEW)
Subpart 3: MUNICIPAL AFFAIRS HEADING: PL 1987, C. 737, PT. A, §2 (NEW)
Chapter 123: MUNICIPAL OFFICIALS HEADING: PL 1987, C. 737, PT. A, §2 (NEW)
Subchapter 6: MUNICIPAL EMPLOYMENT HEADING: PL 1987, C. 737, PT. A, §2 (NEW)
§2702. Personnel records
1. Confidential records.
The following records are confidential and not open to public inspection. They are not “public records” as defined in Title 1, section 402, subsection 3. These records include:
B. Municipal records pertaining to an identifiable employee and containing the following:
(5) Complaints, charges or accusations of misconduct, replies to those complaints, charges or accusations and any other information or materials that may result in disciplinary action. If disciplinary action is taken, the final written decision relating to that action is no longer confidential after the decision is completed if it imposes or upholds discipline. The decision must state the conduct or other facts on the basis of which disciplinary action is being imposed and the conclusions of the acting authority as to the reasons for that action. If an arbitrator completely overturns or removes disciplinary action from an employee personnel file, the final written decision is public except that the employee’s name must be deleted from the final written decision and kept confidential. If the employee whose name was deleted from the final written decision discloses that the employee is the person who is the subject of the final written decision, the entire final written report, with regard to that employee, is public.
For the case at hand:
“The decision must state the conduct or other facts on the basis of which disciplinary action is being imposed and the conclusions of the acting authority as to the reasons for that action”
From the article: “engaged in inappropriate conduct against another city employee.”
“If disciplinary action is taken, the final written decision relating to that action is no longer confidential after the decision is completed if it imposes or upholds discipline”
From the article: “According to city documents released Thursday, all three received a one-year suspended termination, meaning they can be fired immediately if they violate city policy again. Discipline also included demotion and unpaid suspensions.”
You can file every day of the week and twice on Sunday but Gardiner has fulfilled the requirements of the act and you will not get anything for your efforts. But hey, knock yourself out if you like.
seems like it says to release the reasons for the discipline
” If disciplinary action is taken, the final written decision relating to
that action is no longer confidential after the decision is completed
if it imposes or upholds discipline. The decision must state the conduct
or other facts on the basis of which disciplinary action is being
imposed and the conclusions of the acting authority as to the reasons
for that action.”
They did, “engaged in inappropriate conduct against another city employee.”
Gotcha sort of like this story
see link for full story
http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2012/02/10/state/n142746S98.DTL&tsp=1
OC deputy arrested on suspicion of sex with inmate
Friday, February 10, 2012
Authorities have arrested an Orange County sheriff’s deputy on suspicion of engaging in sexual activity with an inmate.
Not at all.
File all the FOIA you want. It is a personal matter and not subject to FOIA requests.