Ex-Fire Chief Will Appeal His Dismissal

Fired Fire Chief D’Wayne Scott said he will file papers today to appeal his dismissal from the post he held for more than six years.

Scott, 52, has been in a dispute with the city since his decision to not send firefighters to the April rioting in Los Angeles. The city has also charged Scott with chronic absenteeism and alleged he had an alcohol problem that affected his work performance.

City Manager Jerry Kenny ordered Scott to undergo a psychological evaluation in May. Scott refused, saying it was an invasion of his privacy. Scott was then placed on administrative leave.

Kenny took the first steps to terminate Scott two weeks ago. His firing became official Tuesday.

Scott said he will appeal his termination to the city’s Merit Commission, the same body that upheld the City Council’s authority to suspend him for refusal to submit to a psychological evaluation. (Scott said he had later agreed to the evaluation, but it never occurred because he refused to allow the doctor to report the findings to the city.)

Scott said he does not believe the commission will override his termination, but he is legally obliged to appeal to the city commission before he can take his case to Superior Court.

“I don’t have any great hopes of it coming out positive. It’s just a procedure,” Scott said. “But by the time we get through Superior Court, I will be exonerated, there is no doubt in my mind.”

The commission must hear Scott’s appeal within 15 days.

Since the conflict began with the city almost a year ago, Scott has stuck by his decision to not send firefighters to Los Angeles, saying the situation during the rioting was unsafe for his firefighters.

Scott’s lawyer, Richard J. Silber, holds that all of the allegations made against Scott have been false.

“I do not believe the decision of the commission is in any way appropriate or consistent with his legal rights and employment rights and personnel rules,” he said. “Their conclusion is nothing beyond outrageous.”

City Atty. Richard Jones said that Scott has been treated fairly throughout the conflict.

Jones said Scott’s decision not to send the firefighters was only one of many factors that led the city manager to believe Scott had an alcohol problem. He said that if Scott had agreed to the evaluation, he would still be chief.

“If it turned out there was a problem, he would have been asked to complete a treatment program, and he would have remained as chief,” Jones said. “All this would have all been avoided if he had agreed to go through the evaluation.”