WESTMINSTER : Fire Official Will Appeal Dismissal

The lawyer of Paul Gilbrook, the embattled president of the firefighters union, said Wednesday he will appeal the firing of his client as the first step of a process that could eventually end up in court.

Alan C. Davis said city officials notified him by fax in his San Francisco office Tuesday that Gilbrook, a 13-year veteran of the Fire Department, had been terminated as of that day.

Davis said city officials have given Gilbrook five days to appeal, which Gilbrook plans to do.

“We will show that the city has failed to terminate him for cause,” said Davis, who said that despite the appeals, he expects the case to reach the courts.

After conducting a hearing last week, Assistant City Manager Don Anderson made the decision to terminate Gilbrook, who allegedly drove a fire engine with a suspended driver’s license last year and allegedly used sick leave improperly.

Anderson declined to provide details of the case and referred inquiries to City Atty. Richard Jones.

Jones said a copy of Anderson’s decision was faxed to Gilbrook’s lawyer following fruitless efforts by city officials to contact Gilbrook on Tuesday.

Jones said that according to city policy, Gilbrook may appeal his termination to City Manager Jerry Kenny. If Kenny upholds the termination, Gilbrook can then take his case to the Merit Commission, a three-member citizens panel that can recommend to the City Council either to fire Gilbrook or give him back his job.

The council may uphold or reject the Merit Commission’s recommendation, Jones said. After that, Gilbrook may go to court, he said.

Gilbrook, 37, has been suspended with pay since Dec. 28. On Jan. 26, Fire Chief John T. DeMonaco Jr. sent him a termination notice following a city investigation.

Gilbrook has said that he has done nothing wrong and that the City Council is retaliating for his support of a recall drive against Mayor Charles V. Smith and council members Charmayne S. Bohman, Craig Schweisinger and Tony Lam.