By Shawn Regan
The Eagle Tribune
HAVERHILL, Mass. — Six senior fire officers have agreed to apologize to the city and its residents for their “wrongful conduct” in the EMT training scam and accept severe punishment to save their jobs.
The city announced it had reached deals with the firefighters — Deputy Chief William Laliberty, captains Paul Weinburgh and Jeff Akstin and lieutenants Joseph Cahill, James Hinds and Robert Irvine — yesterday morning as public disciplinary hearings for the men were set to begin at City Hall.
The punishment for falsely claiming they had taken the refresher courses required to maintain their certifications includes a mix of demotions, unpaid suspensions, work-for-free punishment duty and financial restitution. The firefighters agreed to work hundreds of hours for free over the next several years and give up cash stipends they are paid annually for retaining valid emergency medical technician and paramedic licenses from the state.
The free shifts and unpaid suspensions are to be performed and served at the discretion of fire Chief Richard Borden over the next two to three years.
The city also announced it had reached an agreement with firefighter Scott Stempien. Stempien was scheduled to have his hearing last Thursday, but it was cancelled as the two sides closed in on a deal.
In a written statement, Mayor James Fiorentini called the punishment agreements “tough, strict, and we believe fair. “They have paid a very stiff financial penalty for their misconduct,” Fiorentini said of the firefighters. “They asked for a second chance, and because they have come forward and accepted responsibility and a significant penalty, they will receive it. ... It is our hope that today’s actions will be the first step in the long road back for this department, and the first steps in changing the culture of the department.”
Representatives of the firefighters union and lawyers for the firefighters have declined comment.
Other than Borden, no firefighters were spotted at City Hall yesterday for hearings that were to begin at 10 a.m. City lawyers met in private for about an hour before announcing the deals.
The only hearing held so far was last Thursday for Lt. Alexander Fredette. At that hearing, Borden said the city intends to fire Fredette for his role in the scam. Of 28 Haverhill firefighters implicated in the scandal, the city has accused only Fredette, Weinburgh and Stempien of using their falsely certified EMT and paramedic licences to obtain extra pay.
EMTs are required by the state to take refresher courses every two years covering basic skills and new procedures. By contract, Haverhill EMTs receive an additional $1,800 annually and paramedics get about $3,100 a year extra.
In his deal, Weinburgh, who has been out of work for the last eight months on injury leave and recently submitted retirement papers, agreed to work 1,080 hours for free and serve 1,080 hours of unpaid suspension. He was demoted to lieutenant, effective today.
Weinburgh also agreed to return a $3,166.36 paramedic stipend he was paid last year and to forfeit, if he returns to work, his paramedic stipend for this year and the next two years.
Weinburgh, who also recently applied for a disability pension based on a work-related leg injury, only has to serve the unpaid suspension and punishment duty if his disability claim is denied and he returns to work, City Solicitor William Cox said.
In a phone interview yesterday afternoon, Weinburgh said he had no choice but to make a deal.
“It was either take the deal or they were going to terminate me, and I had to think of my family,” said Weinburgh, whose has three children. “I’m disabled, so it’s not like I can get another job.”
Stempien agreed to 270 hours of unpaid suspension, 810 hours of punishment duty and to return his $1,809.35 EMT stipend. He also agreed to work as an EMT for three years without extra pay.
Stempien and Weinburgh provided letters of apology with their agreements. The letters say they acknowledge they “engaged in wrongful conduct in submitting erroneous documentation and in accepting payment from the city for this improperly received license.”
“I sincerely apologize to the city, its officials, the Fire Department and the city’s citizens,” their letters conclude. “I assure them all that I am sincerely remorseful for my conduct and will not ever repeat such conduct.”
Laliberty, Akstin and the four lieutenants have agreed to work 296 hours without pay and serve 96 hours of unpaid suspension. Their agreements say they cannot be paid overtime for filling shifts for firefighters who are serving unpaid suspensions. The officers also agreed to work as EMTs and paramedics this year and next year without extra pay, and they must submit a letter of public apology to the city within a week.
All firefighters who made deals yesterday agreed to give up their rights to appeal.
In his statement, the mayor called the punishments “fair given the severity of the offenses.
“There was no compromise on the city’s part,” Fiorentini said. “The punishment imposed is the chief’s recommendation.”
The agreements also say a record of the matter will be kept in each firefighter’s permanent personnel file, and may be considered by the city in evaluating performance and considering future promotion.
Hearing officer Howard Greenspan, who presided over Thursday’s hearing for Fredette, is expected to submit written findings and recommendations to Fiorentini within the next few weeks. The mayor then has seven days to decide Fredette’s fate.
Fredette, a 14-year veteran of the Fire Department, may appeal the mayor’s ruling to the state Civil Service Commission.
Haverhill firefighter Jeffrey Given, who allegedly facilitated the scam locally, was fired three months ago. Given allegedly carried out the scheme locally by collecting money from, and obtaining the signatures of, colleagues who were then recertified as EMTs without taking the required training courses. According to authorities, Given collected money and the signatures of firefighters and then passed them on to Leo Nault, who taught the courses and provided the recertifications.
Given, Nault and three others were recently indicted by a Suffolk County grand jury for their alleged roles in the scheme. Nault is a former paramedic at Trinity EMS in Haverhill.
The Haverhill firefighters are among more than 200 firefighters, EMTs and paramedics in Massachusetts who had their credentials suspended by the state last year for lying about their training.
Hearings for another 21 Haverhill firefighters implicated in the scam are scheduled Feb. 19 and Feb. 23. Fiorentini said he hopes the city can reach similar agreements with those men.
“It is our hope that the other members of the department will now come forward and do as these men have done and accept responsibility and punishment,” the mayor said.
Republished with permission from The Eagle Tribune