Pubdate: 10 Nov 2000
Source: Capital Times, The  (WI)
Copyright: 2000 The Capital Times
Contact:  http://www.thecapitaltimes.com/
Author: Jason Shepard

7 COCAINE CASES GO TO PFC  FIREFIGHTERS COULD STILL BE PAID

Seven complaints will likely be filed with Madison's Police and Fire 
Commission as a result of the massive drug investigation related to Jocko's 
Rocket Ship bar.

The complaints will charge seven Madison firefighters with various rule 
violations for their alleged cocaine use, said Fire Chief Debra Amesqua.

The chief wants to fire five of the seven and suspend two for lesser 
violations. None of their identities has been made public pending the 
outcome of an open records court fight with local media.

Three of the five she wants to fire have been suspended with pay since 
April, with their salaries since then amounting to about $87,000. They will 
remain suspended until the PFC makes a decision on whether they should fired.

Past PFC hearings in individual cases have taken nearly a year, and Amesqua 
said it's too early to tell how long the hearings will take.

Amesqua said seven hearings at the same time pose an "unimaginable'' strain 
on her resources, as well as those in the City Attorney's Office.

The hearings are quasi-judicial proceedings in which both sides, Amesqua 
and a city attorney vs. the employee and his attorney, present evidence and 
make arguments.

Ultimately, it is up to the five citizens on the PFC to determine whether 
the city has satisfied seven legal standards to discipline the employee. 
The citizens are appointed by the mayor.

It's unknown if the hearings will be conducted entirely before the 
five-member panel or if a hearing examiner will be used for the evidence 
portions. City officials have said a hearing examiner would significantly 
speed up the process.

Eight firefighters were ultimately accused of wrongdoing from the Jocko's 
investigation. They had until this week to accept their recommended 
discipline. Only one accepted his recommended suspension.

The firefighters have been under investigation since April, after their 
names surfaced in a drug investigation into Jocko's Rocket Ship bar. 
Initial allegations included two firefighters being engaged in a drug deal 
in a firehouse, and another helping middle an $8,000 cocaine deal.

In all, 12 firefighters were implicated in police reports that began with 
the Jocko's investigation. Since then, two have been cleared.

Two others are no longer on the force. Lt. Terry Rice resigned and 
firefighter Okoto Torti was fired for not having a valid driver's license.

The identities of the eight firefighters and the precise allegations 
against each continue to remain secret. Last week, Amesqua decided to 
release the information following open records requests from The Capital 
Times and other news organizations.

In an interview, Amesqua said she believes the identities of the eight 
firefighters, and the nature of the charges against them, should be made 
public now that her investigation is over.

Since April, Amesqua steadfastly refused to release the information while 
she investigated the allegations.

But she said the public's interest in knowing the information once the 
investigation has concluded outweighs the privacy interests of the 
firefighters.

Amesqua was expected to release the information today, but Dane County 
Judge Sarah O'Brien issued a temporary order this week banning Amesqua from 
doing so. The order followed a lawsuit filed by Firefighters Local 311, in 
which 12 anonymous firefighters are identified as plaintiffs.

The lawsuit names only the union and its president, Joe Conway, and argues 
that release of the information would violate the firefighters' rights to 
privacy.

A hearing is scheduled in O'Brien's court at 1 p.m. Monday, in which 
attorneys for The Capital Times and other media organizations are expected 
to enjoin the suit to argue for disclosure.
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