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The chief's ruling Tuesday comes as the department prepares to conduct an internal review. But who will conduct the review is unclear.
By ROBERT KING, Times Staff Writer
© St. Petersburg Times, published November 14, 2002
SPRING HILL -- Three Spring Hill firefighters who have been on paid leave for nearly two months because of rape allegations will remain off duty until questions are resolved about whether they broke departmental rules.
Last week, a prosecutor in Seminole County concluded there was insufficient evidence to file criminal charges against Lt. John Ferriero, Edward Falk and Tom White. The firefighters have been on administrative leave since Aug. 19.
For some time now, the fire department has made clear its intention to conduct its own internal review. But fire Chief J.J. Morrison was undecided last week about whether the firefighters would be kept off duty until the end of that inquiry.
On Tuesday, Morrison decided. They stay on leave. "I feel it's best for all parties involved right now," he said.
But exactly who conducts that review is now up in the air.
The department may need to hire a licensed private investigator to conduct the review instead of the man fire commissioners initially retained -- Walter Dry, a past consultant on personnel matters.
Morrison said Dry told him he had allowed his investigator's license to lapse, which may preclude him from conducting the review due to state requirements. Dry declined to comment Tuesday.
The issue of Dry's qualifications and the requirements needed for the job arose last week when he received a call from Jack Scott, a local investigator. Morrison said Scott was not personally interested in conducting the review, but that he wanted what was best for the fire district. Scott could not be reached for comment.
Morrison said he has been discussing a course of action with fire district attorney Andrew Salzman. Dry could still do the review himself or play a more limited role, he said.
"Walter is a great guy," Morrison said. "We just want to make sure we are doing everything by the book."
The attorney for the accused firefighters, Jeff Cario of Spring Hill, said who conducts the investigation is less important than the question of whether it's even needed.
Already, he said, police in Altamonte Springs and Seminole County prosecutors have checked out allegations by a Spring Hill woman and found insufficient evidence for charges.
"There have been two investigations and they have been cleared," Cario said. "I think there shouldn't have to be another investigation. I think they should be put back to work."
The woman, who is not being identified by the Times because of the nature of the allegations, said Falk, whom she had been dating, invited her to a firefighters' convention in Altamonte Springs on June 2.
She told police she got drunk and that Falk and the two other firefighters had sex with her in a hotel room. She said she was too drunk to consent and that they took advantage of her. Last week, prosecutor Stewart Stone said he could not prove a crime had been committed.
The woman declined to comment Tuesday about Morrison's decision to keep the firefighters on leave. But she said she doesn't trust the fire department's investigation to be fair to her as long as local people are involved. She suggested they turn to a private investigator from the Orlando area.
It isn't clear which detective or agency Morrison might consult. But he noted that the department already has a relationship with a private agency that checks the backgrounds and verifies the education of prospective employees.
Firefighters White and Ferriero could not be reached. Falk declined to comment.
-- Staff writer Jamie Jones contributed to this report. Robert King covers Spring Hill and can be reached at 848-1432. Send e-mail to rking@sptimes.com .