Age-Old Dispute

Among the crew at the Los Angeles County fire station in Glendora, Bob Pasqua stands out like a latter-day Superman. At 61, the fire captain with linebacker shoulders can readily bench press 260 pounds or haul a load of gear up a fire-scorched hillside while barely breaking a sweat.

But Pasqua’s age has earned him another distinction: He is one of 34 Los Angeles County firefighters and sheriff’s deputies over age 60 who are being forced to retire this year.

Pasqua’s retirement is perfectly legal, county officials say. Just five months ago, Congress passed a law that allows local governments to enforce mandatory retirement rules for firefighters and police officers, whose job performance depends on being in top physical shape.

After the federal bill was signed into law in September, the county quietly resurrected its mandatory retirement policy, which had been shelved three years ago when an identical federal law expired.

Proponents of the mandatory retirement rule believe that older emergency workers are injury prone and could be unfit for jobs that require them to sprint up skyscraper stairwells or chase fleeing suspects.

But some firefighters and deputies who are affected call the county retirement policy discriminatory. They believe that they are being pushed out because they earn top salaries and pay less into the retirement system than younger workers. And they feel they are being bumped from jobs so that others can move up the ranks.

“After 32 years of loyal service, they are firing me,” said Pasqua, a three-time winner of the “Toughest Competitor Alive” contest at the World Police and Fire Olympics. “Age should not be a factor on the job.”

David Muir, chief counsel for the Los Angeles County Retirement Assn., which handles retirement matters for county workers, denied any discriminatory motive. When the new federal legislation kicked in, the agency was required to enforce an existing policy approved by the county Board of Supervisors more than a decade ago, Muir said.

The Los Angeles City Fire Department and the Los Angeles Police Department do not have mandatory retirement policies. Officials at both departments say employees should be able to work as long as they are physically capable.

When asked about the issue by The Times, county Supervisor Mike Antonovich was unaware that the provision had been renewed. He said he will introduce a motion Tuesday to repeal the current rule, which is expected to affect more than 330 sheriff’s deputies and firefighters over the next five years.

Antonovich voted to impose the current provision in 1986, but now says he is uncertain why he did so.

“Individuals should be judged on their ability to perform the job they were hired to do,” Antonovich said. “We have a lot of younger people who are overweight and unwilling to do the job. We have a lot of seniors who can do the job well.”

Many firefighters and deputies say they were caught off guard when they received notification letters from the retirement association in December. Those who already are 60 or older must leave their jobs by April 1, prompting a mad scramble to organize finances and in some cases search for new work. Many say they are being rushed through one of life’s most significant milestones: retirement.

“My stomach’s been in knots trying to figure out what I’m going to do,” said Robert Contreras, 62, a fire captain in Pico Rivera who has served 40 years, longer than any firefighter in the county department. “They’re putting us out to pasture.”

The retirement rule has ignited a debate in county law enforcement and firefighting circles over whether age or fitness should guide decisions about retirement for public safety employees.

The union that represents county firefighters supports the rule as a way to maintain a physically able force. Leaders of the deputies’ union declined to comment.

Yet both County Fire Chief Michael Freeman and Sheriff Sherman Block oppose the rule, arguing that a blanket policy fails to consider the merits of individual cases.

“Practically speaking, if someone can do the job and meet the rigorous requirements of day-to-day duties, then I’m not sure what age has to do with it,” said Freeman, 53.

Block, 72, is exempt from the retirement policy because he is an elected official. He acknowledges that he and others over 60 may not be suited for street duty, but believes that older deputies can serve productively in other capacities.

“Can I go out in a radio car and perform as a sheriff [deputy]? Hell no,” said Block, who has served 41 years with the Sheriff’s Department. “[But] I feel that I’m very capable of doing my job.”

The local issue mirrors a national debate that has pitted numerous police and firefighter organizations against advocates for senior citizens.

In September, proponents of mandatory retirement--led by the International Assn. of Fire Fighters--scored a victory when Congress passed an amendment to the Age Discrimination in Employment Act, giving local governments authority to enforce such rules for police and firefighters. An identical 1986 amendment expired at the end of 1993.

Los Angeles County had a mandatory retirement rule on the books for decades. The Board of Supervisors passed the latest version of it in 1986 to conform with the changes in federal and state laws. “Mandatory retirement ages have proved to be a fair and effective way of ensuring quality fire departments,” said George Burke, a spokesman for the international firefighters organization.

However, a widely cited study of the issue concluded otherwise.

Researchers at Penn State University argued in a 1992 report that retirement rules are misguided because people age at different rates. The study said that factors such as physical fitness and on-the-job attitude are more important than age in assessing the effectiveness of older emergency workers.

“Age does not tell you very much about whether a person is capable of doing the job,” said Robert Vance, a Penn State psychologist who worked on the study. “It’s a poor test.”

Several veteran sheriff’s deputies and firefighters said they are living proof of the study’s findings.

Sheriff’s Deputy Dave Winkler said he is more fit than some deputies half his age. He wakes up every morning at 4:30 a.m. and runs four miles. Three times a week, his workout includes dozens of sit-ups, push-ups and chin-ups. The lanky Winkler says he weighs about the same now--180 pounds--as when he joined the force 34 years ago.

But Winkler, who turns 60 in May, is proud of another attribute: enthusiasm.

“Most people here want to abandon the ship as soon as they can,” said Winkler, a detective at the West Hollywood sheriff’s station. “That’s all they talk about it. I guess I am one of the very few who want to continue working. And I can do far more good than the new kid coming on the job.”

These veteran workers acknowledge that they are the exception and not the rule. The majority of firefighters and sheriff’s deputies in Los Angeles County retire about the age of 55, according to the county’s retirement association. Many are unable to continue because of injuries or the stress that accompanies the dangerous and demanding jobs.

Sheriff’s Cmdr. Carol Painter, who turns 60 in July, concedes that she would be unable to continue working if she had to serve in a patrol unit. Repeated automobile accidents while on duty as well as elbow and shoulder surgery for work-related injuries have limited her mobility.

But, Painter said, her current desk job--patrol commander for East Los Angeles and the Antelope and Santa Clarita valleys--suits her physical ability while drawing on her experience. “Mentally, I feel I have much more to contribute compared to when I was a young deputy,” Painter said. “I have matured in my sense of decision making. I really know the job.”