HFD Firefighter Reinstated

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Sept. 19, 2000, 12:21AM

Arbitrator reinstates firefighter

20-year veteran was fired in July after death of boy who sought help

By ARMANDO VILLAFRANCA

Copyright 2000 Houston Chronicle

A Houston firefighter fired in July when a 12-year-old boy died

after coming to him for help successfully appealed his firing and will return to

work this week.

An independent arbitrator ruled Monday that 's firing

was severe and ordered his reinstatement, according to Troy Blakeney, attorney

for the Houston Professional Firefighters Association.

, however, will not receive back pay for the days he was

separated from the department. , a 20-year veteran of the Houston Fire

Department who was weeks away from receiving his pension, could not be reached

for comment Monday.

Assistant Fire Chief Rick Flanagan said will be placed on the

payroll effective today but may not return to work for another day or two, until

the paperwork for his return is processed.

" Upon the suspension, firefighter is entitled to an

appeal, " Flanagan said. " That appeal was completed on Friday, and an arbitrator

ruled in his favor. We accept that, and will return to work. "

If his spot at Fire Station No. 18 has not been filled, will

be allowed to return to the station.

Houston Fire Chief Lester Tyra placed on " indefinite

suspension " -- tantamount to firing -- on July 31 amid complaints that he failed

to provide medical services June 17 to . At the time of the firing,

Tyra said department policy violations will not be tolerated.

When asked if the appeal will undermine Tyra's authority, Flanagan

said the department will stand by the arbitrator's ruling.

Tyra was not available for comment Monday.

Some firefighters rallied to 's defense, charging that

Tyra was under pressure from city officials to fire someone. At the time, the

Fire Department had come under criticism for a series of incidents.

Tyra terminated two emergency medical technicians July 24 after the

June 10 death of 35-year-old Ruiz, who complained of stomach pain but was

not taken to a hospital. He died at home several hours later.

In a separate case, Tyra on Aug. 28 fired a 20-year veteran

ambulance driver who stopped for doughnuts en route to the hospital with a

patient July 10.

Tyra fired for violating department policy, citing a report by

the Office of the Inspector General. The report stated neglected to notify

a supervisor, take the boy's vital signs and call an ambulance.

The Fire Department's policy states: " Transport all pediatric and

adolescent patients to an appropriate medical facility regardless of their

appearance or situation unless nontransport is authorized by the appropriate

base station physician. "

Relatives of , an Aldine Independent School District

sixth-grader, took the boy to Fire Station No. 18 three times between 3:35 p.m.

and 4:30 p.m. on June 17. The station is at 619 Telephone Road, less than a

block from his sister's apartment. The boy was complaining of stomach pains.

said he offered to call an ambulance but that relatives

declined the offer.

The boy's aunt, Glenda Escobar, told an investigator that she asked

for an ambulance but was told none was available. She said suggested

the family take the boy to a hospital by car to avoid the expense of an

ambulance.

told investigators he never mentioned cost, only that

there would be a delay.

Although the station's ambulance was out on another call all

afternoon, dispatch records show that two units were available at that time at

another location 2.2 miles away.

The boy died from a rare aortic aneurysm, nearly 4 1/2 hours after

his arrival at Ben Taub Hospital.

The family has since filed a wrongful-death lawsuit against the

city.

Saul Mendez, the husband of 's older sister, said the

family took the news hard when they learned about the firefighter's

reinstatement, in particular the boy's mother, who was shocked to learn the

firefighter would return to work.

" I feel betrayed by what happened, " said Mendez, who drove the

12-year-old to the hospital on that day. " I felt they just fired him to make us

happy, but they knew inside they were going to hire him back. "

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