Fire Fighters Obstruction Causes Concern for Council

[DowntownNow]

Reported in today's Tulsa World:

Councilors raise TFD fraud concerns
by: P.J. LASSEK World Staff Writer
Wednesday, July 15, 2009
7/15/2009 3:33:39 AM

City councilors questioned Tuesday whether fraud was committed by some firefighters who might have falsified documents related to emergency medical technician recertification.

The question comes in the wake of a report by the city Auditor's Office that it was "effectively obstructed" by firefighters from gathering necessary information to complete a council-directed probe into the matter.

In mid-January, the Fire Department released the preliminary results of an Oklahoma State Department of Health investigation that indicated that none of the firefighters interviewed in a random selection could truthfully account for all of the continuing education units they reported.

The units are required for emergency medical technicians and paramedics to be recertified. EMTs and paramedics receive a stipend for their certifications.

The council sought its own probe into who falsified documents and how much the city paid for the certification stipends.

"Is it a crime for a city employee to receive an increase in salary for something they didn't do? Would that be fraud?" Councilor G.T. Bynum asked during a council committee meeting Tuesday.

The Auditor's Office has suggested that the council get a legal opinion on the question.

City Attorney Deirdre Dexter said she didn't think it was criminal but that a determination would need to be made on what the pay represents — purely the certification, the ability to perform the work or a combination of the two.

Fire Chief Allen LaCroix confirmed that firefighters must sign documents verifying that they have completed the necessary training in order to receive the extra pay.

Bynum said it is "extremely disturbing" that the firefighters refused to complete the auditor's five-question questionnaire.

He said that refusal "makes it look like there is something to hide" and "casts a shadow of doubt on the hardworking and honest" firefighters who correctly documented their training.

The firefighters' union informed the Auditor's Office that its members would not answer the questionnaires other than to indicate whether they were EMTs.

Union Vice President Chad Miller told councilors that if answers given during an investigation could lead to some form of discipline, firefighters have a right to representation by a union official.

Councilor Bill Martinson asked whether union representation was provided during the state's probe. Miller said it was not because there was no possible disciplinary action.

But the state's preliminary probe, which was turned over to the city for further investigation, did result in the retirement of two top-level Fire Department officials and the reassignment of three other officers, Councilor Rick Westcott said.

Miller said the firefighters would participate in individual interviews but would not fill out the questionnaires even with a union representative present.

Chief Internal Auditor Ron Maxwell said he didn't know how long it would take to complete 711 individual interviews or what it would cost.

Martinson said the simple solution would be for the council to hire an attorney, do the interviews, and then send the bill to the Fire Department to pay out of its budget.

Miller said several probes already have been done with no certifications revoked or questions raised about the department's ability to perform its medical emergency duties.

Martinson said the issue is the possible falsification of documents, not the ability to perform.

The council plans to discuss next week how to move the auditor's probe forward.


Auditor's questionnaire to firefighters

Do you have knowledge of any improper documentation of training for Fire Department personnel? If so, please describe.

Are you aware of any falsification of documents?

Do you know when improper documentation or misdocumentation first occurred?

Does improper documentation or misdocumentation or misconduct still exist?

Were the methods of training oversight and evaluation effective?

Already the TW comments are abuzz over this issue.  Many stating the Council has better things to do than to investigate fraud within a City department, fogetting it being one of the largest receipients of a depressed budget. 

At issue is the Fire Fighter's recent refusal to answer a questionaire by the City Auditor's office...the invesigative and policy watchdog of the City. 

The Council questions focus on 'did fraud occur' and 'who was responsible'. 

I would argue that blatant fraud did occur, by both the fire fighters that signed and acknowledged receiving training they never actually received or completed and the officials that oversaw the program and provided the certificate and documentation the FFs signed.  The fraud is further supported by the receipt of monetary awards through stipends to fire fighters that falsely signed those documents. 

Is it the Council's duty to investigate?  I would argue it is, especially in light of the fact that the Administration's investigation never focused on individual wrong doing and fraud.  The result of that investigation was 'disciplinary action' in the form of a minor reorganization.  Two fire fighter official were forced into early retirement, likely at full pay and benefits.  Another 3, if I remember correctly, were shuffled into other high ranking positions within the department, with no loss of pay or benefits more than likely.  Exactly what kind of message does that send?

The Council took the right steps to investigate the matter to ensure public monies are being used properly and that the public trust is maintained in their fire fighters.  Not all fire fighters falsified records (I would hope).  But those that did, should be held accountable.

Could it be the union's push to not answer these questions is more liekly related to more widespread fraud within the department beyond this recent issue?  The Auditor's questions are more general than to focus on this one issue.  Firefighters were asked to answer and sign...doing so could make any further falsification or lie actionable.  I'd hate to think that answers to such a questionaire could point to more widesread fraud, but if not, why refuse to answer?

Last comment, this refusal by the Unions to answer an investigative questionaire further supports Martinson's, Westcott's and even Chief Palmer's (through his comments at the last Council meeting where the budget was approved), assertion that the Unions hold too much sway over the City's policy and oversight.  Those FFs are employees of the City and should be held accountable for actions against the public interest...they should be providing fair and transparent information...if not, perhaps a change should be made. 

I would support firing all unwilling FFs that fail to provide the necessary information to the Auditor that is simply trying to get to the truth.

[Conan71]

How does the council still refuse to investigate Public Works after the payola scandal last year?  That seems to be totally verboten when you ask a councilor about such an investigation.  "Those are all good hard working people down there.  Nothing to see here, now move along sonny."

It's a concern that first responders are properly trained, no doubt because it can become an issue of life or death.  I'm equally as concerned about bid-rigging and kick-backs that wind up costing taxpayers senseless dollars on projects. 

[DowntownNow]

Conan, I completely agree.  This investigative request was handled through the Auditor's office, hoping they could get answers in relatively short fashion with as little expense as possible.  Now it would seem that any further action will necessitate broader steps and more money.

The same thing was done with the Public Works investigation.  Based on the scope, the Auditor felt they could not do the job efficiently and in the short amount of time the Council wanted.  As a result, a search and contract was prepared for a third party investigator to conduct the probe into Public Works.  As of a conversation I had 3 weeks ago with a City Councilor, that contract is still sitting on the Mayor's desk with no action.  It now is the Mayor holding up the investigation.  She had another audit performed, under other tightly controlled specifications, but not one that could investigate for fraud or malpractice in the PWD.  That one was more practice and efficiency related.

[Conan71]

Someone with a real set of guts needs to get into the depths of PWD.  I may be going all tinfoil hat here, but I suspect someone or some people are intimidating public officials to keep their snouts out of PWD.

[FOTD]

How does the council still refuse to investigate Public Works after the payola scandal last year?  That seems to be totally verboten when you ask a councilor about such an investigation.  "Those are all good hard working people down there.  Nothing to see here, now move along sonny."

It's a concern that first responders are properly trained, no doubt because it can become an issue of life or death.  I'm equally as concerned about bid-rigging and kick-backs that wind up costing taxpayers senseless dollars on projects. 

Charles Hardt rules. He's the wizard....

[DowntownNow]

Off topic a bit but...Unfortunately Conan and FOTD, those are the same concerns I've been hearing in Tulsa for the last 20 years and it continues.  Finally, we have a few Councilors that are willing to ask the tougher questions and demand answers, only to be stalled by the Mayor on this one. 

In my opinion, its time for Charles Hardt to go.  Tulsa has seen its roads and other public works endeavours go downhill under his watch and yet, PWD is among one of the largest recipients of city tax monies.  Crews have been reduced, outsourcing has increased and as a result, corruption has reared its ugly head, most notably through a lack of controls and processes.  I'm sorry, but Charles Hardt and Paul Zachary (unfortunately since he's a nice guy I hear) need to go and go now.  The corruption happened under their watch, under the controls they put into place and by individuals that, by their own words in a recent TW story, they were close to.

Bottom line is this...there needs to start being accountability from the individuals the City employs and no one should be immune.

[RecycleMichael]

Does anyone remember how many of the firefighters were accused of falsifying their certification records?

[DowntownNow]

Michael, the report issued by the OKlahoma State Department of Health did not provide an exact number.  An interview of 5 randomly selected EMTs was conducted, each producing the same result - they could not truthfully account for all of the CEUs written in their reports.  That information left OSDH to conclude that most of the records would produce the same results, especially given that the 5 that were interviewed said they had been instructed to fill in dates they had been given on their reports to be filed.

Link to the OSDH report:

http://www.tulsacouncil.org:8080/SuperContainer/RawData//Q2OQRYZN122200924858/09-25-1.pdf?a=1

Highlights:

* Received a complaint from a felow EMT that the TFD "had knowingly falsified records for CEU credits."
* When asked why they (EMTs) would write down hours when they could not account for them, all said they were instructed to fill in the dates they were given.
* Medics said a 12-hour Haz-Mat course never took place and the date was made up

I thought the findings at the bottom of Page 6 of the PDF report were interesting concerning the violation of submitting truthful reports as to eligibility and character of the medic when renewing a license...

[RecycleMichael]

Link didn't work for me...

So, theoritically, every fireman could have falsified the certification.

I would be opposed to firing every firefighter. Somebody has to feed the dalmation dog.

[DowntownNow]

Theoretically, Yes, every firefighter required to have Continuing Education Units that are reported and certified to an authority could have falsified their records with the blessing and instruction of the Fire Department leadership.

So far, out of all this, the only disciplinary actions that have taken place are the early retirements of two officials and the shuffling of three others into other high ranking positions within the department. 

Sorry Michael, but on this one, Mayor Taylor really screwed the pooch...what kind of message does this send to others when these officials are caught and essentially slapped on the wrist?  It invites more of the same without fear of consequences.  In fact, its the City that pays...have to get all those business cards re-printed with new titles lol.

And I still cant get over what the Fire Chief (Alan LaCroix) had to say when all this came to light:

"There is no testing for CEU classes. You can sleep through the class and still get credit for it."  - Sheesh, that makes me feel safer when it comes to our public safety officers.

"without proper training they could lose their jobs by losing their certification" - Certification being the one thing that says this person is still QUALIFIED to do the job they were hired to do.

LaCroix said the department hasn't had the personnel for proper oversight, "but that still doesn't excuse what some firefighters obviously have done." - Um, wrong!  The report stated that Captains and Chiefs were the responsible parties for CEU oversight and compliance, some even signing the documents.

"He said some firefighters told him they alerted their supervisor." - But apparently due to the culture within the adminstration of the Fire Department, that went no where huh?

"I'm disappointed that this never got to me," said LaCroix, who has been chief for seven of the 12 years in question. - Um, I'm sorry...who is the Fire Chief again?  Isn't he the one ultimately responsible for his department?

"That's the way it goes, and I will have to live with whatever happens because when it is all said and done, I'm responsible," he said.   - Wow.."that's the way it goes"...we got caught and thats just the way it goes?  Why didn't Bernard Madoff use that excuse?  He wouldnt be rotting in prison for 150 years if Taylor had been the judge I suppose.

LaCroix said the firefighters were apparently following a long-time practice. - So there's an admitted long standing practice of perpetrating fraud that he apparently knew not a thing about?  Again, Chief of what?

"I'm not an EMT, or a first responder," he said.  - So his excuse is because he wasnt taking the training himself, he couldnt have known and therefore he's not responsible...so by that logic, because he didnt set the fire himself, he's not responsible if his fire fighters bother to show up or not?

"All I knew was that I was being told that we were doing our job. With me not being a part of the process, I didn't know how the process actually worked, but I should have known." - No truer words could have been spoken that the last line there.  As Chief, aka the executive director, the CEO, the head honcho, the quarterback (coach really but you get the idea), should he not know the process?  Should he have not gotten out of this apparent bubble he lives in and seen and involved himself in what his department is doing? 

What are we paying this clown for?

[FOTD]

Off topic a bit but...Unfortunately Conan and FOTD, those are the same concerns I've been hearing in Tulsa for the last 20 years and it continues.  Finally, we have a few Councilors that are willing to ask the tougher questions and demand answers, only to be stalled by the Mayor on this one. 

In my opinion, its time for Charles Hardt to go.  Tulsa has seen its roads and other public works endeavours go downhill under his watch and yet, PWD is among one of the largest recipients of city tax monies.  Crews have been reduced, outsourcing has increased and as a result, corruption has reared its ugly head, most notably through a lack of controls and processes.  I'm sorry, but Charles Hardt and Paul Zachary (unfortunately since he's a nice guy I hear) need to go and go now.  The corruption happened under their watch, under the controls they put into place and by individuals that, by their own words in a recent TW story, they were close to.

Bottom line is this...there needs to start being accountability from the individuals the City employs and no one should be immune.

PZ needs to help with the transition to a new head. Buchert knew to get out of Hardt's coat tail. Hardt gets control of every mayor. The thought of his absence scares the devil out of the mayors who are made co dependent from day one. He was past due the day Stan Williams split.

[RecycleMichael]

In today's council sub-committee meetings, it was stated that there are 686 fighters and 543 of them get the extra $75 a month pay for being a certified EMT.

That equals $488,700 per year.