Fernandina Beach City Manager denies firefighter’s grievance

Submitted by Suanne Z. Thamm
Reporter – News Analyst
August 16, 2016 4:28 p.m.

Actions have consequences. That appears to be the lesson to be learned from a recent encounter between the Nassau County Sheriff’s office and off duty Fernandina Beach firefighter Steven Patrick Henderson, who on June 12, 2016 was arrested following a traffic stop in Yulee. The police report prepared by Deputy Casey Dobson leading to the arrest is below:

Despite working with his union to avoid disciplinary action, Henderson’s grievance has now been denied both by Fire Chief Ty Silcox and City Manager Dale Martin. In his two-page ruling dated August 16, 2016, Martin wrote to Union President James Tucker:

Based upon my review of the documents and comments provided, I concur with Chief Silcox and deny the July 21, 2016 grievance based upon (1) the untimeliness of submission of the grievance [as specified in the Collective Bargaining Agreement (CBA) negotiated by the city and the Organized Firefighters of Fernandina Beach, Local 2836]; (2) the discipline is supported by just cause and no evident violation of stated [contract] articles; and (3) waiver of the grievance.

The ruling also included 6 attachments representing earlier stages in the grievance process.

The paper flow between the city and the firefighter began soon after the incident. Silcox notified Henderson of his intent in a memo dated June 24. On July 5, Silcox sent a memo to Henderson, the subject of which was Notice of Demotion. In that document Silcox noted Henderson’s response to the June 24 Notice of Intent, but announced his decision to demote Henderson from Firefighter/Engineer (($17.98 per hour) to Firefighter/Paramedic ($16.19 per hour), contingent upon Henderson’s meeting conditions outlined in the Last Chance Agreement. Silcox further advised Henderson that provided he meets CBA and promotional requirements, he would be eligible to participate in any promotional testing for a return to the position of Engineer on July 7, 2017. Silcox further advised Henderson that if he loses his driving privileges at any time or if other charges result from his June 12 arrest, additional discipline may be imposed, up to and including termination.

While the Union’s position seemed to be that since the state had dismissed criminal charges against Henderson during administrative proceedings in July, there was no basis for discipline, Silcox disagreed. He said that his disciplinary decision was based on Henderson’s underlying conduct on June 12, 2016, which was not negated by the outcome of the criminal and administrative proceedings.

Silcox wrote: “I find that the demotion and accompanying last chance agreement are supported by just cause. The demotion and last chance agreement were implemented in order to not only discipline Mr. Henderson for his conduct, but also to provide him with an opportunity to learn from and remediate his behavior. I believe that the discipline reflects the appropriate balance and considers the interests of the City and its citizens, as well as Mr. Henderson. Finally, I note that the Union and Mr. Henderson waived the grievance by signing and agreeing to the demotion and last chance agreement.”

The Union’s next step would be to take the matter to final and binding arbitration, the costs of which are borne equally by both parties.

When contacted for comment, Fire Chief Silcox provided the following statement:

“Whether you agree or not, as firefighters we are held to a higher standard by our profession, our community, and our elected officials. Every firefighter knows that when they accept the position that they take on a whole new role within their community. We are firefighters 24/7. The community we serve expects to have a professional organization, and that is what we have to provide. As the Fire Chief, I expect our personnel to present themselves as professionals at all times, both on and off duty.  My goal for this department is to be recognized as one of the best fire departments in the State of Florida. We have the personnel to do this; we just have to make sure we don’t make decisions that tarnish our goal. Every one of us can make a mistake, but we have to always keep in mind that our actions and behaviors can affect how we are perceived by those we serve.

“Our employees are great people. They really try to always make good decisions, but we are all human and sometimes we make mistakes. We just have to accept our bumps and bruises and learn from those mistakes.”

Editor’s Note: Suanne Z. Thamm is a native of Chautauqua County, NY, who moved to Fernandina Beach from Alexandria,VA, in 1994. As a long time city resident and city watcher, she provides interesting insight into the many issues that impact our city. We are grateful for Suanne’s many contributions to the Fernandina Observer.