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Expressed concerns by Employee's Captain John Ghiotto
Captain John Ghiotto ↑top0800 Hrs My crew and I were in the process of our morning meeting when Battalion Chief Pollard wanted me to get my crew together so he could have a talk with us on the events that were going to take place today dealing with the Gay Pride Parade. Chief Pollard told us (crew of engine 5) that we were going to take part in the parade. I told the chief that none of my crew members including myself, wanted to participate in the parade. I suggested that some of the individuals that were volunteering to walk in the parade could use our engine and drive it in the parade, since it was going to be out of service anyway. I also told him that we all felt uncomfortable with the decision, and would not participate in the parade unless given a direct order. 7/20/07 This all started the day before, when I received a phone call at home from the captain at 5's giving me the heads up that they were going to have us in the parade. I gave Chief Pollard a call at station 5 to see if this was true. He told me that it was talked about at the BC meeting that morning, and that if he was given a direct order for us to participate then he would pass it on to me. I told the chief that I would not participate in or make my crew participate in the parade unless given a direct order to do so. I tried to get in touch with my regular crew members about what was going on tomorrow. FF Jeff Harris expressed his concerns and also did not want to participate in the parade. I could not get in touch with FF Alex Kane and my regular engineer had the day off already. I received a call from Engineer Jason Hewett who was scheduled to work overtime on the 21st, and he also expressed his concerns about the parade and did not want to participate in it. He didn't feel he should be forced to give up this overtime shift due to the parade. I also told him that I shouldn't have to be forced to take the day off due to the parade. I was hoping the department would come up with an alternate solution to fix the situation and I offered a couple of suggestions to the chief I thought could solve this situation. 7/21/07 When I came in to the station the next morning around 0730 hrs my regular crew member Alex Kane came up to me and expressed his concerns about the parade. The off going crew was joking with us about having to participate in the parade. FF Kane was a little upset with what was going on. I told him to wait until 0800 hrs and I would see what was going to happen. FF Chad Allison came in to work on an overtime basis and the first thing he heard from the off going crew was "you would do anything for money!". He didn't know what they were talking about at first until he was told we were going to be in the parade. I also told Chad to wait until 0800 hrs to see what was going to happen. I still had hopes the department would find a way to fix this situation. At 0800 hrs I had my crew get together in the bullpen and we were going to talk about what was going to happen. They expressed their concerns and said that they did not want to participate in this parade. As a supervisor I had an obligation to my crew to inform my supervisor about their concerns. Chief Pollard told me again that if he is given a direct order, that he would pass that on to me. I again suggested that the individuals who wanted to be in the parade could pick up the engine and drive it in the parade, since we would to be out of service anyway. After some time, the chief told me, engine 5, and the on duty crew will take part in the parade. At 0900 hrs FF Chad Allison and I were in the kitchen cleaning up, when the chief came in and told me that we were suppose to be at the parade grounds at 0930 hrs. I asked the chief if he was giving me and my crew a direct order to attend this parade, and he said "yes". He was given a direct order from Chief Cane via chain of command that engine 5 and the on duty crew was to participate in the parade. I told the chief that we felt uncomfortable participating in the parade. I disapproved of this order, and I was disappointed in the department's decision. We did follow the chief's order and took part in the parade to avoid any disciplinary action. While moving down the parade route we were subjected to verbal abuse, (show me your hose, you can put out my fire, give me mouth to mouth, flick you fireman) sexual gestures, (showing their penis, blowing kisses, grabbing their crotch, rubbing their nipples, tongue gestures, flipping us off). We were subject to this type of abuse and more throughout the parade route. You could not even look at the crowd without getting some type of sexual gesture. Even the Christian protesters were giving us grief for being a part of this. The experience left me feeling humiliated, embarrassed and offended by this event. These unsolicited and unwanted behaviors from a few individuals of the public toward us, reduced our morale as well as the integrity of the workplace, and destroyed our professionalism. Our department and our supervisors violated the city's own EEO policy by knowing that we were going to be subjected to this type of behavior and forced us to be put into this position against our will. As a supervisor I felt disgusted and embarrassed, that I had to subject my crew to this type of behavior. I don't think anyone should be forced to be a part of this or anyother event that is going to undermine the integrity of the workplace. If any of my crew or I were to hang up pictures at the station of what we saw, we would be disciplined! All employees are entitled to a work environment free from discrimination and harassment. Sexually harassing conduct can be physical, VERBAL, VISUAL, or written and can occur between people of the SAME or opposite sex. Sexual harassment can occur between peers, supervisor to subordinate, subordinate to supervisor, MEMBER OF THE PUBLIC TO EMPLOYEE, and within or across departments. Sexual harassment is a particular form of harassment that creates an offensive working environment. Sexual harassment is unprofessional and not supportive of a high performing work environment. Per the San Diego City EEO policy, Federal law defines sexual harassment as: UNWELCOME SEXUAL ADVANCES, request for sexual favors, and OTHER VERBAL or physical conduct of a sexual nature when: SUCH CONDUCT HAS A PURPOSE OR EFFECT OF UNREASONABLY INTERFERING WITH AN INDIVIDUAL'S WORK PERFORMANCE OR CREATING AND INTIMIDATING, HOSTILE, OR OFFENSIVE WORKING ENVIRONMENT.
Engineer Jason Hewitt ↑topOn Friday July 20, 2007 at approximately 1400 hrs at the San Diego Fire Training facility in the front office I encountered Battalion Chief Tony Pollard near the front copy machine. Also in the room was Engineer Jermaine Stevenson who was next to me. I said hello to the Chief and said that I will be working at fire station 5 (FS5) tomorrow. At that time he told me to be prepared tomorrow because 5's (Engine Company 5) is going to be in the Gay Pride Parade tomorrow so I better be prepared. He said that every year the department goes through this situation of trying to find people to drive a fire apparatus in the parade and I'm tired of it! This parade is in engine 5's district and engine 5 is going to be in it! So be prepared to possibly be given a direct order. They haven't told me to give it yet, but if they do, I will give the direct order! If you refuse the direct order than you will be suspended the rest of the shift and I'll get someone else. If everyone refuses I'll shut down engine 5. If can't find anyone else to come in, than I'll go to fire station 8. If they refuse I'll shut down engine 8. Then I'll go to fire station 14 and if they refuse I'll shut them down also. I'll shut down the whole Battalion! I don't care! I asked him if Captain John Ghiotto was aware of this situation. He stated that he was aware. I then asked him what Captain Ghiotto was going to do. He said what you think he is going to do. I said I don't know. He stated well I guess we'll find out. He then stated that this parade is no big deal if they order him to do it he will and he'll drive his car and wave and smile because he doesn't care. This is no big deal because I'm not going to be sent home over something as ridiculous as this parade. They aren't going to take money away from me. I then said that I'll see him later and I left to go back down to my office. As I sat down at my office I kept thinking about what Chief Pollard had said to me. What am I going to do? If I go into work tomorrow, and I am given a direct order to be in the Gay Pride Parade and I refuse. I will be suspended for the remainder of the shift. That is what our discipline manual says and because of this suspension I will no longer be eligible on the current captain's list. Also, I will not be eligible for the next captain's test or any other special assignment for the next two years. Or, I could refuse the overtime shift and have the hours go into my overtime bucket. This way would avoid the whole situation. I became so concerned about this that approximately 1600 hrs I called Captain John Ghiotto to ask him about what he was going to do. He said that he wasn't sure yet, but we had similar concerns about being in the parade. We both felt stressed out about this whole ordeal and that if we were going to be given a direct order to be in the parade that our Equal Employment Opportunity (EEO) Policy would be violated. I also called my current supervisor Captain Gina La Mantia at 1615 hrs and expressed my concerns to her and she stated that she would support what ever decision I made on the matter. I also called Captain Alan Arrollado at 1620 who was my captain at FS5 for about one year and I expressed my concerns to him. He stated that they have this problem of finding people to drive engine 5 in the Gay Pride Parade and that he would see me there in the morning at shift change. I felt that I was faced with a huge decision. First of all, I wasn't for sure that I would be given a direct order because Chief Pollard said he had not been ordered to give one yet. Second, I didn't think it was fair that I would have to forfeit an over time shift. This whole conversation I had with Chief Pollard stressed me out because I felt like I was being harassed about being involved in the Gay Pride Parade. That if I refused the possible direct order that I had to take into consideration my future in my career and any possible promotional process or career opportunities. This wasn't right! I was forced into a situation that would compromise what I hold true and what I believe in, my reputation my character, my integrity, my morals, and my religion. On 7/2112007 at approximately 0705 hrs I relieved the off going Engineer and checked out the apparatus and completed the required pre trip inspection. I discovered we had a cracked captain's side windshield and I made my supervisor aware of this and we had the duty mechanic paged. We had an emergency response that we responded to and later cancelled en route. At 0900 hrs I was told by Captain John Ghiotto that we were given a direct order by Chief Pollard as a crew to report to the Gay Pride Parade. I asked Captain Ghiotto if he expressed my concerns to him and he stated I told him how we all felt and that Chief Pollard knows that afterwards that we are all going to write paper on this issue. We then proceeded to where the request for apparatus form said to report. We arrived at approximately 0930 at the intersection of Normal St. and Washington St. We had to sit there for one and one half hours until the parade started at 1100 hrs. While I was sitting there waiting for the parade to start I felt that I was forced against my will to be at the Gay Pride Parade and forced to see men in tight shorts dancing provocatively and other men kissing and hugging wearing sexually suggestive material on t-shirts with writing, "Girth and Mirth", "Suit Up Before You Dive In". I personally had a man approach me on the drivers side with the "Girth and Mirth" t-shirt and stated I look hungry why don't I have a Twinkie. I was polite to this man a stated no thank you, I felt like he was insinuating something sexual. At 1022 hrs while waiting for the parade to start I received a phone call from another employee asking if I was in the parade and that they hope we have fun. The sarcastic, teasing phone calls were already starting and the parade hadn't even begun. At approximately 1030 hrs we saw Senior Staff and were then told where we needed to place the fire engine because up until that point we had no point of contact and no one to tell us where to go. I was told hello from a few Senior Staff members and even teased by one that stated something along the lines of, "how are you guys doing" or "are you guys having fun". This being said with a smile on there face. I was also greeted by another senior staff member that asked me if I was doing alright and shook my hand. I said no! I'm not all right! He then said I know. We then proceeded to start the parade, While in the Gay Pride Parade I had to here obscenities like, "Hey Firemen, let me see your hose", "I'm feeling short of breath I think I need mouth to mouth", "Hey Honey", "F___ you Firemen". While I drove the fire engine in this parade I felt like I was put on platter by the San Diego Fire-Rescue Department. Not only was I being subjected to these comments, but I had to be told by protesters that homosexuality is sin, I'm going to hell, and I will be judged by God. They also had signs demonstrating their comments. This wasn't right! I was getting criticized all the way around. I was embarrassed, demoralized, judged, and sexually harassed because I was in this Gay Pride Parade. I truly believe that no person should ever be forced to participate in any event or parade, while on duty, that does this to a human being. We were in a fire engine out of service for emergency responses in an approximate crowd of 150,000 people. We had no plan of how do we get out of the parade if something happen. No medical bike teams to assist with medical emergencies and no alternative means of emergency response routes planned out. There was no plan and I/us weren't given one. I truly believe our safety and the public's safety was a potential risk with the number of people attending this event. In the past, for Fourth of July, Street Scene, Rock 'N' Roll Marathon, and the Qualcomm Stadium Sky Show we had a contingency plan in place. For this event with the amount of people we had nothing extra! We are short fire stations, fire apparatus, and personnel. So let's take an apparatus out of service for the parade. My opinion, we shouldn't take an apparatus out of service for any parade or function. We should have reserve rigs available with volunteers to participate if they choose too. After the driving through the parade we needed to use the facility at FS3 and pick up a pager in our district. We then went to FS5 where we saw two other Engine Companies (ES and E3). When I walked into the bullpen at the station I saw the Shift Commander, Chief Enrique Camberos, showing another captain on the chalk board how to play craps. This made me even more disappointed and upset. After what we, as crew, just had to experience he was demonstrating gambling on the chalkboard. We had to get lunch and we had emergency incidents throughout the afternoon, but we all continued to talk amongst ourselves about the parade. Later we all started writing down the events that took place that day and we were still mad about it. I suggested to Captain John Ghiotto that this isn't right that this event has consumed us all day and we are all still bothered by it and so I recommended that we ask for the Crisis Intervention Team. The Captain told Chief Pollard our request. We were then placed on administrative out of service and the Shift Commander was called and came over. We were then all asked if we felt that we were fit for duty and continue to serve the community without any complaints. We all said yes, since we already had been serving the community without any complaints. We then were told that no Crisis Intervention Team was available. We were recommended to go to Employee Assistance Program (EAP) and that to fill out our paperwork and urge to keep this confidential. If we needed anything we could call Chief Pollard at work or at home. The next day I had to work at FS42 in North County. When I got there, I was working with firefighter Mart Salmon who was working at FS25 the same day as the parade. He wanted to know how everything turned out that day because his crew was suppose to be in the parade. This was quite interesting to hear. He told me that his Captain Trish Stone asked her crew if they wanted to be in the parade and they all agreed to do so. But her Engineer Pat White had a family emergency and she had to make a last minute trade with Shaun Rohrhach. He found out that he was going to be in the Gay Pride Parade and called Captain Trish Stone and refused to go. Mart Salmon said that he was told by Chief Bowlin that I can't force you to go this isn't a community event. So Captain Trish Stone took the day to go to the parade and Engine Company 25 didn't have to go to the parade. Why is there an inconsistency of who gets a direct order and who doesn't. Later that morning on 7/24/2007 at approximately 0915 hrs I received a phone call by FS21 asking how I was and if I was in the Gay Pride Parade and if it was true that we had a dildo thrown at the fire engine. I said I was in the parade, I didn't see if that had happened. At approximately 1100 hrs E42 received a page from E25 stating that, "we hear your engineer for the day likes to ride in parades". It has been less that 24 hours and I've already received three types of derogatory communication by coworkers about being in the Gay Pride Parade. This EEQ complaint isn't about homosexuality or gay pride. This has to do with People in the workplace being threatened. sexually harassed, and forced to participate in a parade that isn't like other parades and the behavior that is demonstrated by the public and some of its participants are what are found to be offensive.
Firefighter Chad Allison ↑topOn July 21, 2007, I was called into work for overtime at Fire Station 5. I found out just prior to my arrival that Engine 5 was assigned to participate in the Gay Pride Parade. Battalion Chief Tony Pollard informed our crew that we were going to be participating in the parade. Having heard of past harassment that occurred from members of the public to Fire Personnel in the parade and having personal experience with similar circumstances, I felt extremely uncomfortable with the potential of being subjected to sexual harassment. I expressed my concern to my supervisor, Fire Captain John Ghiotto, along with the rest of the crew assigned to Engine 5, Fire Engineer Jason Hewitt and Firefighter/Paramedic Alex Kane. Captain Ghiotto expressed our concerns as well as his to Battalion Chief Tony Pollard. Around 09:00 hours, Battalion Chief Pollard stated that we were to report to staging at 09:30 hours. Captain Ghiotto again expressed his concerns and asked if our participation was a direct order. Battalion Chief Pollard informed us that it was a direct order from Shift Commander Camberos, Deputy Chief Marlborough, and Assistant Chief Jeff Carle. Despite our objections, we reported to the staging area at Washington and Normal at 09:30 hours. We did not disobeythe direct order given to us for fear of suspension. I felt I was given the choice of participate or be disciplined. Almost immediately after our arrival, a man wearing tight black boxers and nothing else except sunglasses on a float next to us caught my attention. He was touching his genital region, dancing provocatively and looking at me. I felt uncomfortable and tried to ignore the man. I have a gay uncle who had been very active in my upbringing and still plays an important role in my life. From inside the fire engine while we sat in staging, I saw my uncle's life partner and their roommate. While I was already feeling that I was being harassed, I did not want to disrespect my Uncle's life partner, whom I also refer to as my "Uncle". When I stepped out of the fire engine I felt like a sheep stepping into the wolves den. I walked up to my "Uncle" and gave him a hug and kiss on the cheek. I then gave their roommate a bug. While I began to greet them, I overheard a man say, "Oh, the Fireman is giving out hugs. I hope he's going to give me one." I also saw a man gesture to his shirt, which read, "Have you ever ridden a fat man?". I became so distraught and uncomfortable that my knees began to shake. I did not mention my objection to my participation in the parade to my "Uncle" because I did not want him to think that I objected to his cause or his pride. That, I felt and still feel, was a different issue. Because of the comment and gesture by the men around me, I quickly gave my "Uncle" and his roommate a hug goodbye and fled to the confined relative safety of the Fire Engine. While we were in the parade, I attempted to look straight ahead and I kept my headset on to not be subjected to the verbal and visual harassment. Despite the headset, I still heard comments such as, "I want to see your fire hose", "Blow my hose", "Put out my fire", "You're making me hot", "I have difficulty breathing, give me mouth to mouth". Children were waving at us. Initially, I would return the waves, but on at least three separate occasions, sexually gestures were directed at me in response to my waves. The first time, a man touched his nipples and licked his lips and on another occasion a man groped the genitals of the other man that he was spooning. Several times I witnessed men blowing kisses at me with sexual undertones. I felt uncomfortable with the sexual gestures and sexual advances until I felt as though I was trapped in the environment. I tried to keep my eyes off the crowd to avoid any further sexual harassment. As a consequence, I heard people yell, "F___ you Fireman!", because I wasn't waving back. I was upset not only with the people that were treating me in such an unwanted, derogatory manner, but also with the people that had forced me into this situation. When we passed Fire Station 5 during the parade route, there was a group of people protesting homosexuality. They told us that we were going to go to hell for supporting the gay lifestyle. I took the comment with a grain of salt because I did not agree with them, but I felt uncomfortable being in the confrontational environment. Later in the shift, my crew requested a Crisis Intervention because we were talking about the incident all day and had been bothered by it significantly. No one came out to talk to us because it was too late. We met with the Local 145 on Monday, July 23, 2007, to discuss our complaints. It was asked of us what we wanted out of this. I want to be treated as any other person with a legitimate claim of sexual harassment. We met with Linda Erwin Gallagher from the Employee Assistance Program on Thursday, July 26, 2007, and received counseling. I have heard that Assistant Chief Jeff Cane attended a meeting with the Local 145 and made us out to be a group of guys that have issues with homosexuality and that he was in the parade and did not see anything offensive. Hearing this, I feel offended that our claims of harassment are being ignored and that what I am feeling and what I saw must not have occurred because Assistant Chief Cane did not see it; that in effect I am being called a liar. I believe that a person who does not support homosexuality should not be forced to participate in such an event. However, my complaint is that I was ordered into a non-emergency environment against my will and subjected to sexual harassment as a result. I have received no consolation and no support from those in a position to effect change. I was a victim of sexual harassment and I have not been treated as such. I believe that if I was a female with a similar complaint, this would have been addressed immediately. There would be a fact-finding and discipline would result. A question has been plaguing me on the past week of sleepless nights and worry- filled days: Why am I not being afforded equal treatment? What did I do to deserve this? And they have been sleepless nights and worried days. I have been plagued with headaches since this has occurred. I have had difficulties at home. I am stressed, fearful of retaliation and upset that I have received no support from our administrators.
Firefighter Alex Kane ↑topEvents of 7/21 I arrived at work and was told by the off going crew that we, Eng. A Div crew, were going to be involved in the gay pride parade today. I immediately refused and did not believe them. I was embarrassed and began to defend myself by saying that I'm going home. The other crew said yeah right and 1 was in disbelief. I then approached my Captain and asked if we were going to be involved in the parade. I also informed Captain Ghiotto that I was uncomfortable with this and did not want to be in the parade. He told me to wait and see if we were going to receive a direct order. Captain Ghiotto advised Chief Pollard that each crew member was uncomfortable about the request to participate in the parade. The direct order was handed down by Battalion Chief Pollard and Eng. 5 was directed to report at the parade site at 0900. Upon arriving at the parade we were staged near the intersection of normal and Washington. While waiting for further instructions I was experiencing embarrassment. I did not know why we were being forced to be involved in the parade. I also saw multiple people touching and kissing directly in front of the engine. To the left was a man wearing tiny black shorts, on a float, with no shirt dancing and adjusting his genitals while other parade watchers took pictures. I was feeling uncomfortable, confused and felt some of the activity was obscene. We were approached by the senior staff which had just arrived at the parade grounds. I began to feel even more uncomfortable because I felt I could not tell them how I felt. Two chiefs boarded the engine and we drove to the rally point. While sitting at the rally point I believe a crew member received a phone call from another firefighter who was interested in what was going on. This appeared to be embarrassing to him. The parade began and we entered in our slated position. I was not feeling very festive at this time. Because I did not want to return all the waves, certain members of the crowd began to heckle us. I was told multiple times to let them see my hose, pull out my hose, look at the big firemen. I felt like Engine 5 was in the parade as entertainment for the crowds. One crowd member made a cat call in which they wanted me to respond with a wave or some kind of acknowledgement. I was so tired of being harassed that I just ignored them. They then responded by saying "F__ the fire department." I was depressed that this member of the public now has a bad view of the fire department or at least me. I began to think again why am I being forced to be in this parade? The last encounter that bothered me was passing by the protesters. They were some group ofChristians that were against these alternative life styles. They then began to lecture us on how we were bad people for supporting this. This really struck deep because I am a Christian. I felt this was not fair because I do not live an alternative lifestyle. I was ordered by my department to be in this parade against my own wishes and beliefs. The parade ended only to return to the station to defend the actions of Engine 5. I assume that for the next few months I will have to defend the participation of Eng. 5 in the parade. This is a stress that I don't feel that I need at this point of my life. Please visit our blog www.firefightersdefensefundblog.com and our main site at www.limandrilaw.com. |
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