State sues Avra Valley F.D.

The firefighters say they were retaliated against for their part in a workplace-safety investigation that led to $366,000 in fines against the fire district.

The lawsuit, filed April 8 in Pima County Superior Court, says Avra Valley "engaged in adverse and retaliatory conduct" toward Kevin Booth, Kelly Hamilton, William Howe, Levi Kring and Brian Lassen between April and November 2007.

Darren Perkins, director of the Arizona Department of Occupational Safety and Health, said the lawsuit had to be filed within a year of his office receiving the firefighters' complaint about Avra Valley.

The state and the fire district have been negotiating a settlement of the fines and the firefighters' complaints for the last four months, Perkins said, and by filing the lawsuit it extends the window to negotiate another 120 days.

"This (lawsuit) is to protect our rights. It's certainly not an indication that things have turned sour," Perkins said.

The Department of Occupational Safety and Health began an investigation of Avra Valley on April 11, 2007, after receiving complaints from the five firefighters about the district's handling of a hazardous-materials accident on Interstate 10 near Picacho Peak on March 14, 2007.

That investigation led ADOSH to conduct safety inspections of Avra Valley's facilities, leading to dozens of violations being discovered. ADOSH forwarded its findings to the Industrial Commission, which last October approved $366,000 in fines against the fire district.

All five firefighters involved in the lawsuit took part in ADOSH's investigation. They each then filed complaints with the Industrial Commission between April and July 2007 alleging retaliation by the district for their part in the ADOSH investigation.

That retaliation included, according to the lawsuit, the creation of a hostile work environment, shift changes, loss of overtime and the changing of eligibility requirements that kept some firefighters from getting promoted.

State law says it is illegal for an employer to discriminate against an employees because the employee files a complaint against the employer.

The five are seeking unspecified compensatory and punitive damages, and for Kring to be rehired or reinstated by the district.

Howe and Kring were among 10 firefighters laid off by Avra Valley last November. Hamilton resigned from the district in September, and Booth and Lassen were fired in June and October, respectively.

The layoffs were a cost-cutting measure meant to keep the fire district from going under in the wake of fines levied by the Department of Occupational Safety and Health and spending limitations instituted by the Pima County Treasurer's Office due to budget mismanagement by former Chief Barry Gerber.

Gerber resigned last November, two weeks before the layoffs were approved by the fire board.

Avra Valley fire board chairman Joe Cross said Booth was let go because he was a probationary employee who was not kept on after his probationary period, while Lassen — who was fired for turning in incorrect time cards — was reinstated by the fire board the day before the district imposed the layoffs, which included Lassen.

Cross added that Kring and Lassen have since been rehired as reserve firefighters for Avra Valley, which has added staff members over the past few months as funds have become available.

Cross said Avra Valley lawyer Donna Aversa and lawyers for the Industrial Commission had been meeting to work out a "global settlement" that would factor in both the fines and the firefighters' complaints.

"The settlement, I think, is going to be equitable to everybody," Cross said. "I really hope it will be finished within the next 30 to 45 days. It will allow us to put this whole series of incidents behind us."

None of the firefighters involved in the lawsuit could be reached for comment. Calls made by the Star to Aversa and the Industrial Commission were not returned.