Report Urges Firing of City Worker in Bus Accident

In a report urging the firing of a city maintenance supervisor because of last month’s fatal accident involving a Los Angeles trash truck, officials acknowledge that others have made similar errors without repercussions, but contend that the supervisor should be terminated because of the tragic consequences and public outcry.

The report also raises new questions about the judgment of the supervisor, 18-year city veteran Dave Wear, alleging that he may have lied to investigators and that he sometimes skirted safety procedures at the maintenance yard.

Wear plans to fight his ouster at a hearing Tuesday, in part by arguing that discipline should be based on the severity of the mistake, not the circumstances that result. His union representative, Michael Berman of the City Supervisors’ Assn., said the report only bolsters his position that Wear is being made a scapegoat.

“They knew the result they wanted so they went out and gathered the information to support it,” Berman said. “I don’t think [Wear’s behavior] adds up to discharge or anything close to it.”

Wear, 55, has acknowledged that he failed to place truck No. 70 on the hold list to keep it off the street although a driver flagged it for repairs Dec. 5. The next morning, a hydraulic ram burst through the side of the truck and sliced into a school bus, killing 8-year-olds Brian Serrano and Francisco Mata.

“Staff’s investigation has found that from time to time, supervisors fail to properly put vehicles on hold. Until now, this has not resulted in any serious incident, and there is no record of any discipline,” the report states. “Mr. Wear’s situation, however, has resulted in the death of two children, placed the city and this department under unfavorable scrutiny, and generated a media and political outcry for punitive action.”

Written by Vince Campbell, assistant personnel officer for the Department of General Services, the report acknowledges that other factors contributed to the truck ending up on the street that day, including the driver’s misplacement of his trouble report and the maintenance yard’s antiquated record-keeping system.

“Nevertheless, given the system and procedures currently in place, Mr. Wear had the responsibility to make the revision to the vehicle hold list,” the report states.

In addition, Campbell says Wear discontinued a city practice of tagging problem vehicles directly--which might have alerted the driver on the day of the accident not to use No. 70--and did so “without seeking approval from his supervisors.”

Berman said Thursday that supervisors throughout the city had abandoned the tagging system two years ago; since the accident, the city has launched a similar program in which drivers place placards on the dashboards of any truck needing repair.

Meanwhile, the city has been barraged with legal claims in connection with the accident.

Last month, Brian’s mother and the mother of his 8-year-old cousin Mario Garay--who suffered head injuries--filed claims totaling $40 million against the city. This week, Brian’s father, Sam Salgado--who was never married to the boy’s mother--filed a $25-million claim, and Francisco’s family filed a claim without specifying damages.

The school district has filed a claim against the city for damage to the bus, a funeral parlor has requested its bills be paid for Francisco’s burial, and 8-year-old Jose Ayala--one of 48 riders on the bus--has demanded $100,000 for doctor bills and “general damages.”