Firefighters Win Big in Suit Against Officials

After awarding $1.9 million in compensatory damages to Westminster firefighters whose civil rights were violated, a federal jury Friday ordered several city officials--including the mayor--to pay $570,000 in punitive damages for their role in firing or disciplining the employees.

Legal experts said the staggering sums awarded to the firefighters may change the way governments deal with their workers’ unions and may make cities more reluctant to terminate employees whom they suspect of wrongdoing.

“This case is unusual in that it hinges on retaliation for union activities, and those claims usually get settled before trial,” said Richard S. Whitmore, a Mountain View, Calif., attorney whose firm represents 160 cities and counties in the state. “If this is upheld on appeal, it could be a problem in that more and more cases like this could be brought against cities.”

The setback was the second in a week for Westminster officials, who may have to come up with the latest award out of their own pockets unless they can get the City Council to bill the city. For now, city attorneys plan to appeal the jury award, which will probably delay payment for months.

Lawyers for the Westminster firefighters had asked the jury for $305,000 to be paid in equal portions by various city officials they believed responsible for punishing the five firefighters, but the jury countered with $570,000.

“This sends a resounding message to the people of Westminster that the officials leading the city ought not to be,” said Alan C. Davis, an attorney for the firefighters.

The jury ordered Mayor Charles V. Smith to pay $50,000 to each of four firefighters and Finance Director Brian Mayhew to pay $37,500 to each of them. Former Fire Chief John T. DeMonaco Jr. was ordered to pay $30,000 to each of the four and Councilman Tony Lam is to pay $5,000 each.

Former Assistant City Manager Don Anderson must pay $2,500 each and former Councilman Craig Schweisinger was instructed to pay $10,000 each. Schweisinger was also ordered to pay a separate $30,000 slander claim to a fifth firefighter.

The federal civil rights case grew out of a nasty fight between members of the Westminster firefighters union and city officials over the high cost of overtime. City officials launched a probe into whether firefighters were claiming overtime for hours they did not work.

The union blamed the city for the overtime costs and said the council was endangering residents by refusing to hire more firefighters.