San Bernardino judge denies temporary restraining order to city firefighters
Stacia Glenn,
Staff Writer
SAN BERNARDINO - The San Bernardino City Professional Fire Managers may continue using their name for the time being, a judge ruled Thursday.
The name of the recently formed association has caused a deep rift between the firefighters union and the firefighters' bosses, who are endorsing opposing candidates in the 4th Ward City Council race.
Believing that the fire managers chose a name similar to the union's in order to deceive residents, the San Bernardino City Professional Firefighters asked for a temporary restraining order and an injunction against the battalion chiefs to prevent them from using the name, which they already plan to change for collective bargaining purposes.
Superior Court Judge Robert Fawke denied the restraining order, saying it is a political matter he should not get entangled in.
"We are gratified the court recognized this suit for what it was: a politically motivated effort to stifle a contrary position," Battalion Chief Denis Moon, president of the group, said in a written statement. "However, we regret that getting to this predictable and logical conclusion required wasting money" in court.
Union President Scott Moss said he was disappointed by the judge's decision.
"But I understand the judge not wanting to get involved," he said. "We'll move forward with it."
A court date for a hearing on the injunction has not been set. All nine fire managers are expected to be deposed before that Moon said the fire managers chose the name "to let people know who we are," not to confuse voters.
Most of the Fire Department heads support incumbent Fred Shorett, who voted to cut Fire Department staffing. The union endorsed challenger Joe Arnett.
Moon, Fire Chief Mike Conrad, Deputy Chief Mat Fratus and four other battalion chiefs formed the fire managers group three months ago. They said the name has only been used to endorse Shorett.
The group is not officially recognized by the city, but Moon said it plans to file the proper paperwork to become a recognized bargaining group for fire managers known as the San Bernardino City Fire Management Association.
"We decided not to use `San Bernardino City Fire Management Association' for the political endorsement because we were unsure if doing so would impact our ability to use the name subsequently as a recognized bargaining unit," Moon wrote in a declaration to the court.
Two battalion chiefs were also "uncomfortable" with a political endorsement, according to court documents.
Moss said using two names is clear proof the fire managers are trying to deceive voters into thinking that most of the Fire Department supports Shorett.
"Otherwise, they'd use one name," he said.
Moon's attorney, Mark Edwards, denied that the managers intended to confuse the public by choosing a similar-sounding name.
"While there are a lot of similarities, it's unavoidable," he said. "Both believe they're professional and both believe they're firefighters. But people are clearly aware of the distinction between management and the union."
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SAN BERNARDINO Mayor Run-off
113/113 100.00%
Vote....................Count....Percent
PAT MORRIS..............10,093....63.47%
JAMES F. 'JIM' PENMAN....5,809....36.53%
Total...................15,902...100.00%
October 16, 2009 2:58 PM
City of San Bernardino - Mbr City Council, Ward 2
11/11 100.00%
Vote Count Percent
DENNIS BAXTER 1,243 60.66%
PAUL ADAMS 799 38.99%
Write-In 7 0.34%
Total 2,049 100.00%
Arnett--don't you have better use of campaign money, union money and personal time, than to go to court?? Dump your political consultant, Jones, and stick to core messaging. People in 4th Ward want results and you don't have a clue. Just goes to show how divisive and petty you will be IF you get elected. Stop telling us same old stories too about your Old Fire (who cares anymore?? 4th warders are use to fire threat-you are no one special) and bio-fuels and algae (way over our head and makes you sound pompous/vane). Get to real issues that face 4th warders!
Promise to public has been kept
Councilman Fred Shorett
Posted: 10/15/2009 07:33:30 PM PDT
Re: "A matter of safety," Oct. 12, by fire union President Scott Moss.
Last March I promised to represent you, the taxpayers of the 4th Ward. I did not promise to represent the special interests of our fire union members of which 95 percent live outside the city and don't vote. I promised that as councilman I would perform in a common-sense, business and fiscally responsible way and not compromise public safety. I've done that.
My opponent wants to spend your tax dollars by adding staff that our fire chief says is unnecessary. According to Mr. Arnett's financial disclosure forms filed Sept. 24, over 90 percent of his campaign funds have come from city unions.
Let me be clear I support public safety. One of my top priorities is to rebuild our Fire Department's staffing when the economy improves. As councilman I have demonstrated fiscal responsibility to ensure the city lives within its means. My opponent doesn't understand that concept. His responsibility is to the fire union. Not to you.
During these difficult economic times the public deserves to know the facts.
FACT: Last year, fire union members made between $100,000 and $196,000. With overtime.
FACT: According to U.S. Bureau of Labor Statistics, the median income for a family in San Bernardino is approximately $41,000.
FACT: Unemployment in the San Bernardino area is nearing 18 percent.
FACT: 170 San Bernardino city employee positions have been eliminated.
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FACT: Not one fire safety union employee has lost his job.
Several months ago, I ran for public office for the first time. I met with fire union leadership. We talked about working together to improve our local economy in order to provide the highest level of public safety possible. They endorsed me then. Now my opponent, Joe Arnett, and fire union President Scott Moss say I broke promises. A promise must be made before it can be broken. I promised only an open door, an open ear and an open mind to all those I sought support from. I've kept those promises.
Don't be fooled by Mr. Arnett or the fire union's fear mongering. We are safe in San Bernardino when it comes to fire protection. We are not safe when it comes to our economic future.
We need jobs!
We need new businesses!
We must end the personal politics and work together to promote certainty.
Capital follows certainty. We must promote the kind of certainty that will attract new business. Our future depends on it.
Councilman Fred Shorett represents the 4th Ward in San Bernardino.