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By JENNIFER FARRELL
© St. Petersburg Times, published January 12, 2001
SPRING HILL -- Commissioners for the Spring Hill Fire Rescue District voted unanimously Wednesday night to dismiss a firefighter suspended last month for not having a current state firefighter certification when he was hired in October.
The vote came despite an impassioned plea from Richard A. Boothby, who told commissioners he was hurt by insinuations that he lied on his application. He added that he had been unable to buy Christmas presents for his daughter because of his unpaid suspension, which began Dec. 1.
"I didn't have money to get her stuff she wrote a letter to Santa Claus for . . . The look in her eyes and to let her down," he said before breaking down and leaving the room, which was filled with spectators, many of whom supported Boothby.
His lawyer, Robert Eckard of Palm Harbor, urged commissioners to "do the right thing," and keep Boothby on the payroll.
Citing a state law that allows firefighters up to a year on the job to earn current certifications, Eckard argued Boothby should be reinstated with full benefits and given back pay.
Eckard acknowledged Boothby's certification was not current when he was hired, but said commissioners should not punish him for the administration's failure to catch the lapse during the application process. Besides, he added, Boothby can take a state test next month that could bring the certification up to date with a passing grade.
And nowhere in its policies does the district specify that new hires are required to have current certifications, Eckard said. He criticized comments commissioners made in the newspaper calling for Boothby's dismissal, adding that the state Firefighter Bill of Rights protects his client from being fired.
But Mike Malfitano, the district's labor lawyer, disagreed.
"He's just flat wrong about that," Malfitano told the commission.
Boothby's dismissal is an administrative matter, not a disciplinary one, he said, adding that the district's policy manual clearly states that all firefighter and emergency medical technicians must "possess and maintain Florida certifications."
"The fact is, he doesn't have a certification," Malfitano said. "You gave him a period of time to get it and, as I understand it, he doesn't have it."
After listening to Boothby and presentations from both lawyers, the commission briefly wrestled with how to discuss the matter.
Commissioner Dennis Andrews said he wanted to respond to Eckard's remarks, but he was interrupted by Chairman Gene Panozzo, who suggested all comments from commissioners go through the district's lawyer.
Commissioner Bob Kanner, glancing at Boothby's attorney and the court reporter he brought to the meeting, went a step further.
"I would recommend you refrain from any comments at this time," he said.
Andrews, an instructor at the Florida State Fire College in Ocala, persisted, saying he wanted to make his position clear and educate his fellow board members.
"I oversee the minimum standards training," he said. "I'd like to make sure you have all the information you need."
Kanner and Panozzo then asked what sorts of comments Andrews wanted to make. When Andrews answered they were statements of fact, Panozzo said: "That will come out in your vote."
With that, Kanner moved to terminate Boothby, effective Wednesday. Andrews seconded the motion, and the commission voted without further discussion.
After the meeting, Eckard criticized commissioners for going into the meeting with their minds made up.
"There's clearly grounds for an appeal," he said. "Tonight was somewhat of a dog-and-pony show."
District officials said Boothby admitted last month that he had a three-year gap in his firefighting resume, which invalidates the certification he earned in 1994.
Hired in October after working as a firefighter in Illinois, Boothby earned state EMT and paramedic certifications before beginning work in Spring Hill.
His firefighter certification apparently expired after he left a part-time job with the Northwest Fire Department in Hernando County in June 1994. Records show his next job as a firefighter was in May 1998 in Illinois. Under state law, firefighter certification remains valid as long as there is no break in service of three years or more.
Commissioners with the Spring Hill Fire Rescue District elected new officers for 2001 Wednesday night. Bob Kanner was elected chairman, replacing Gene Panozzo. Dennis Andrews was elected vice chairman and Panozzo second vice chairman.