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Tuesday, January 8, 2013

Arbitration Decision Released for Fireboat Accident‏


Portland, Maine - Yesterday, the City of Portland received a final decision from the arbitrator concerning the accident involving Marine 1 (the fireboat) on October 15, 2011 (attached). The decision concludes the disciplinary matter between the City of Portland and IAFF Local 740 representing the two members of the Marine Division who were responsible for the safe operation and navigation of the fireboat on that day.  The arbitrator finds that the incident was an accident and the ensuing damage was unintentional. The findings also state that Marine 1 should not have left the Destroyer Channel and upon doing so, the pilot should have navigated the vessel around marked hazards in a safe manner. The Captain/Engineer should have alerted the pilot to marked hazards as lookout. Both crewmembers failed in these responsibilities, thus warranting disciplinary suspensions imposed by the Department.  However, citing the lack of clarity regarding staffing policies for the operation of Marine 1 (two versus three crew members for certain runs) and the good employment history of Captain Christopher Goodall, his suspension was reduced by the arbitrator to forty-eight hours (six days). For these same reasons, as well as the failure of Captain Goodall to alert the Pilot of the hazard, Pilot Joseph Murphy’s suspension was reduced to twelve hours (1.5 days).

“With a final decision now rendered, I look forward to putting this matter behind the Department and the city,” stated City of Portland Fire Chief Jerome LaMoria. “As emergency responders, Portland firefighters hold a unique place within the community and it is paramount that we preserve the public’s confidence and trust. The community should be assured that we took quick action to address this matter and implemented changes so that an event like this cannot happen again. Every day, the men and women of the Fire Department answer the call for help with kindness and compassion and as Fire Chief, I am committed to making sure that we not only provide the level of service the city expects but exceed it in quality, efficiency and responsiveness.”

As a result of the fireboat accident, the Fire Department made several changes to policies related to the operation of vessels within the Marine Division. These include restricting transport for civilian personnel and clear protocols for the use of a third crewmember during certain runs. Additionally last March, an independent third party, Marine Safety Consultants, Inc. concluded that “in our opinion, a candidate who successfully completes the requirements of all three positions within the Marine department should be adequately capable of operating either boat.”

Pursuant to Maine law, the Decision of the Arbitrator (“final written decision”) is the concluding and only document available to the public in regards to the personnel matter related to the fireboat accident of October 15, 2011. The parties involved in the matter cannot comment further on any details related to the disciplinary matter.

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