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Show I THURSDAY, AUGUST 17, 1972 THE DAILY RECORD PAGE THREE In The Supreme Court Of The State Of Utah Jim V, The Commission found that the article violated Rule Service Commission Rules and Regulations, which provides; No. 12694 Fisher, Plaintiff and Appellant, FILED v. of the Civil Among other things, the following shall be grounds for a charge of failure in the performance of duty: July 20, 1972 Civil Service Commission of Salt Lake City, Utah, et al. , Defendants and Respondents. (c) (c) Conduct subversive of good order and the discipline of L. M. Cummings, Clerk the department where employed. newspaper reporter obtained from the fire chief and his assistant certain information regarding the number of fires occurring in the prior years, the amount of property damage, the number of injuries to firemen on duty, and the number of deaths occurring in connection with the fires. The story written by the newspaper reporter contained the following: A ELLETT, Justice; The plaintiff, a civil service employee in the fire department of Salt Lake City, was discharged from his employment for insubordination and political activity. After a full hearing the Civil Service Commission sustained the discharge, and plaintiff then filed a petition in the district court for a review of that decision. He prosecutes this appeal from an adverse ruling by the trial court. 1. The bases of the decision of the Commission were: "Firemen sustained 35 injuries during the year, seven ' occuring sic during drills, " Assistant Fire Chief William Kresser said, noting this as an outstanding safety record. Salt Lake City Fire Fighters Local 1645, etc., v. Salt Lake City, 22 Utah 2d 115, 449 P. 2d 239. and (d), Salt Lake City Civil Service Commission Rules and Regu2. Rule (a) (1) Fisher engaged in political activity in violation of the ordi- nances of Salt Lake City. (2) Fisher was guilty of insubordination in that he urged members of the fire department not to obey orders of their superiors. Fisher publicly accused the chief and assistant chief of the Salt Lake City fire department of making and releasing an erroneous and misleading report, with the intention to embarrass and to hold up to ridicule (3) his superior officers. Section 14-1-- 5, Revised Ordinances of Salt Lake City, provides: No person of the classified civil service of the fire de- partment shall use his official position as authority to influence or coerce the political action of any person, nor be a member or delegate or alternate to any political convention, or serve as a member of any committee of any political party, or take any active part in the management of any political campaign, nor solicit, collect or receive any assessment, subscription, contribution or dues intended or used for any political purpose whatsoever, nor shall he be obliged to contribute to any political fund or render any political service whatsoever. Rule 2-- 3 of the Civil Service Commission Rules and Regulations reads: i No person in the Classified Civil Service shall be a member of, delegate or alternate to, any political convention, or serve as a member of any committee of any political party or take any active part in the management of any political campaigns, or solicit, collect or receive any assessment, subscription, contribution or dueB intended or used for any political purpose whatsoever, nor shall he be obliged to contribute to any political fund or render any political service whatsoever. There was ample evidence given the Commission to the effect that Mr. Fisher took a city commissioner who was a candidate for re-elect- ion to various fire departments and urged the firemen to vote. for him. The Com- mission condemned his activity; but because the candidate was an incumbent and was in charge of the fire department, it did not consider this violation of the ordinances and rules sufficient, standing alone, to be a ground to discharge Mr. Fisher. However, it was conduct to be considered in connection with other evidence in determining the propriety of the discharge. i There was also' competent evidence showing that Mr. Fisher called various members of the fire department asking them to collect funds for the of his candidate. re-elect- ion It is interesting to note that Mr. Fisher's Local had previously brought of the Salt Lake City ordinances declared unconan action to have Section 14-1That case was decided by this court on January 3, 1969, adversely stitutional. to Mr, Fisher's contention. Nevertheless, during the political campaign in the fall of that same yebr he was actively engaging in conduct contrary to the ordi-5 lations. "No Salt Lake fireman has died on duty since 1943 when four men were lost in two different biases, a hotel fire and a theatre fire, " he said. The day the report appeared in the paper, Mr. Fisher called the reporter and stated that the report was inaccurate and not complete. He gave a typewritten statement which he requested to have published in the newspaper. Based on that statement the paper next day contained the following: The annual report released by Fire Chief Grant R. Walker and Assistant Chief William Kresser has been labeled "erroneous and misleading" by a member of the Department. Jim V. Fisher, president of Local No. 1645, InterWednesnational Association of Fire Fighters, (AFL-CIO- ), day said the report on deaths and injuries was wrong and a deliberate attempt by the administration to mislead the public. "We are amazed that a burning wall or falling roof is the only death in the line of duty recognized by the Chief' of the Department, " said Mr. Fisher. Mr. Fisher claims that .the Constitution of the United States protects his right to free speech. Certain federal courts have seen fit to hold that the prohibition against Congress passing a law gives a man a right to speak his mind on all occasions. Even if such holdings be correct, Mr. Fisher is not aided thereby. He has no constitutional right to be a fireman, nor does he have a moral right to be one unless he complies with the rules and regulations of the Commission which are designed to protect firemen in the security of their jobs. It seems to us that the evidence justifies the Commission in holding that Mr. Fisher's conduct was of such a nature sis to tend to undermine the morale of the firemen and the good order of the department. His position as president of a local union in the International Association of Fire Fighters apparently gave him courage to assert his imagined authority and to believe that he was beyond the pale of disciplinary action. The evidence also justified the Commission in refusing to reinstate Mr. Fisher in his employment, and the trial court so determined. The trial court further found that the Civil Service Commission did not act arbitrarily, capriciously, or unreasonably in making its decision. To us this case seems to be one of the tail trying to wag the dog. Other assignments of above are without merit. error raised We affirm the judgment of the 3. Amendment by the appellant and not discussed trial court and award costs to the of the Constitution reads: "Congress shall make no law an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people 1 re-spect- ing peaceably to assemble , and to petition the government for a redress of grievances." Emphasis added. nance. Any violation of state law, city ordinance, or rule of the Commission is a ground for dismissal from civil service. .. . Mr. Fisher issued a publication called "Fire Flyer" in which among other things he said: You are not a wall scrubber. You are not a painter. You are not a gardner. sic You are not a moving man. You are not a sewer man. You are not a cat rescuer. You are not a public relations man. You are not a -- ad infinitum. You were not hired to do whatever. you are told to doy but to preform sic fire connected jobs. Law Printing Know-Ho- w comes from experience! BRIEFS 111 Supreme Court Ui. Court of Appeals Utah Supreme Court (.ike a patient in a hospital EMERGENCY If a Chief Officer wants some fighting, public relation labor preformed sic, then he is welcome to do it himself. non-fi- re ... are asked to do something and you question if it look it up in your manual. If it is not in the manual, is your job, refuse to do it. If you SERVICE sic non-fi- re fighting labors. Question non- fire fighting orders before you preform sic them, not after. . , . is REAL SERVICE when you need it! 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