WESTMINSTER : Ousted Fire Chief to Pursue Appeal

Former Fire Chief D’Wayne Scott, fired for alleged incompetence, said he doesn’t intend to stop fighting his dismissal.

Scott’s appeal to the city’s Merit Commission is slated to be heard March 15 and 16, and last week he filed a grievance claim against the city for at least $2 million, alleging wrongful discharge, perjury, violation of state employment codes and abuse of legal processes.

The commission will rule on both Scott’s wrongful termination appeal and his monetary claim against the city. The City Council will review the commission’s findings.

If Scott’s dismissal is upheld and his claims are rejected, he said, he will file a lawsuit in Superior Court. He said he feels his chances of winning in Superior Court are good.

“We have a ton of evidence in written form against the city,” he said. “Our case is very provable.”

Scott, 52, has been in conflict with the city since he refused to send Westminster firefighters to the rioting in Los Angeles last April. Charges then surfaced that he had an alcohol problem that affected his job performance.

City Manager Jerry Kenny ordered Scott to undergo a psychological test to determine his fitness for duty, but Scott refused, saying the order violated his right to privacy.

Scott was suspended, then placed on paid administrative leave while the Merit Commission conducted hearings on the case. The commission upheld the council’s authority to suspend Scott, and on Feb. 17 he was officially fired.

“It’s become very, very tedious, tiring and disheartening,” said Scott, who began his career as a firefighter 26 years ago and has been chief since 1985. “It’s a big disappointment to wind up 26 years with the city on this kind of note.”