An article from FireLawBlog.com outlines a lawsuit filed against the Tri-State Fire Protection District by a former division chief.
A division chief with the Tri-State Fire Protection District has filed suit alleging his discharge last October was retaliation for him having filed a heart related workers comp claim and using medical leave.
Division Chief David Basek filed suit last week in federal court against the Tri-State Fire Protection District, the Tri-State Fire Protection District Board of Trustees, Hamilton Gibbons, Jill Strenzel, Michael Orrico, the Tri-State Fire Protection District Board of Commissioners, Robert Jewell, William Anderson, Christopher Baumbach, and Michelle Gibson.
The 18 page complaint alleges that Chief Basek was deprived “of his due process rights under the Constitution of the United States of America and the Constitution of the State of Illinois” because he was terminated “without providing him the predisciplinary procedures or hearing to which he is entitled”. It also alleges that Chief Basek was terminated “in retaliation for his exercise of rights under the Family and Medical Leave Act (“FMLA”) and the Illinois Workers’ Compensation Act (“IWCA”).”
Chief Basek developed a heart condition in June, 2011 and filed a workers comp claim in November, 2011. He alleges he was informed that his supervisor was “displeased” that he filed the claim and he began to be harassed. He later applied for FMLA protection. Shortly after he started FMLA leave, he was informed that an investigation was being initiated into vague and unspecified violations.
On October 29, 2012 he was called before the fire chief who informed him that following “an unspecified investigation, the unidentified rule violations had been sustained against Mr. Basek and that she was discharging him from his job as Division Chief, but offered that he could work in a union position of Career Service Lieutenant.” The discharge occurred without notice, an explanation of the charges, a hearing, or an opportunity to be heard.
The complaint includes 5 counts:
- Count I – due process violation under federal law
- Count II – due process violation under state law
- Count III – mandamus request to order his reinstatement and hearing before a neutral hearing officer
- Count IV – retaliation and discrimination under the FMLA
- Count V – retaliatory discharge in violation of the state workers comp act
Here is a copy of the complaint.Basek v TriState
thanks Scott
#1 by Mike on September 7, 2013 - 1:09 PM
Too Many skeletons in my closet 🙂 That is a huge mess to clean up.
#2 by Jim on September 6, 2013 - 6:17 PM
Mike are you a taxpayer in Tri State’s district? Time for you to run for trustee.
#3 by Mike on September 5, 2013 - 11:26 PM
The administration is wasting HUGE sums of money. This money could of been use to enhance the working environment for the Fire District members. This in turn would provided a better service to the taxpayers. They gave Al Hagy 60,000 dollars to retire, that money could of been used for new equipment or better training. What the administration is doing makes the whole fire service look bad.
#4 by FFEMT on September 5, 2013 - 9:32 PM
Mike, I’m just honestly curious (regardless of the merits of this individual case)….why do you have it out so badly for TSFPD? I’m not defending them, I’m just honestly curious.
#5 by Mike on September 5, 2013 - 7:43 PM
Tri- State in the news again !!! The union wanted and backed this board for the past 10 years. Shelly and Jill proved they did not need the union support when they reelected their cronie Bo Gibbons. Shelly played you guys, Well Done !! It’s going to take years to fix the damage she has done. By then she will be retired with a big fat pension. Let this be a lesson to other Fire Departments, watch who you support and watch what you wish for. Stay “all belted” suckers !!!!
P.S Dave Basek will get a big settlement costing the disrtrict more money that they don’t have. Division Chief in charge of Homeland Security for a small Fire Protection DIstrict . Come On !!!