Jury Will Decide if Damages Are Due Firefighters : Courts: The panel is to rule next week whether four men whose civil rights were violated by the city of Westminster can collect compensation for lost wages, pain and suffering.

A U.S. District Court jury will determine next week whether to grant monetary damages to four firefighters who were dismissed or disciplined by Westminster officials in what the panel concluded was a violation of their civil rights.

Testimony in the damages phase of the trial is expected to conclude Tuesday, when the jury will begin deliberations as to whether the firefighters deserve compensation for lost wages and for pain and suffering. The plaintiffs will seek punitive damages later in the trial.

On Wednesday, the jury found that six top city officials and council members conspired to retaliate against the firefighters for exercising their First Amendment rights. Some of the fired employees had clashed with city leaders and campaigned to recall council members.

The case stems from a city investigation into suspected payroll fraud at the Fire Department. City officials said they uncovered evidence that firefighters falsified time cards and received overtime for hours they did not work.

The firefighters’ attorney, Alan C. Davis, said his clients suffered financial losses as a result of the city’s action and deserve compensation.

Two of the four former employees still work as firefighters.

Don Herr, who served as acting fire chief and battalion chief before he was dismissed in 1994, is now employed as an entry-level firefighter in Redondo Beach, earning 50% less in pay, Davis said. Paramedic Dana Bowler, who was fired and then reinstated by the city, now works for the Orange County Fire Authority.

Fired Battalion Chief Hal Raphael works part-time as a longshoreman. Fire Capt. Joe Wilson, who was fired and then reinstated by the city, is employed by the Orange County Fire Authority, Davis said.

A fifth former fire employee, Paul Gilbrook, who now works part-time for a firefighters union, is also seeking damages. The jury found that former councilman Craig Schweisinger slandered Gilbrook by comparing him to the late Teamsters union boss Jimmy Hoffa.

The five firefighters took the stand Thursday and Friday. An economist for the firefighters testified that losses in their past and future income will total into seven figures. Davis on Friday declined to say how much he will ask the jury to award.

Westminster officials will have an opportunity to present evidence concerning damages before the jury begins deliberations.

“We are obviously disappointed with the current results,” City Atty. Richard D. Jones said. “But we really won’t know what it ultimately means until the case is completed.”

Jones said the jury could grant little or no damages or the judge could reduce any damages award.

Councilwoman Margie L. Rice, who was not named in the lawsuit, called Friday for both sides to sit down and negotiate a settlement. “Maybe now we can look at logic and do what’s best for the city,” said Rice. “I hope we can settle this without any losses to the taxpayers.”

City Manager Bill Smith said the verdicts do offer some bright spots for the city. While six officials including Mayor Charles V. Smith and Councilman Tony Lam were found to have violated the civil rights of the firefighters, four other leaders including Jones and Councilwoman Charmayne S. Bowman were not named in the rulings.

“We came out clean on a number of major points,” he said.

Times correspondent John Pope contributed to this report.