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Fired, demoted firefighters will get arbitration hearings Monday and Tuesday
Published: 9/5/2008 | Updated: 1/23/2009


By RODNEY HART

Herald-Whig Staff Writer

Two Quincy firefighters who were fired and another who was suspended and demoted in February will have arbitration appeal hearings Monday and Tuesday in Quincy.

Quincy Fire Capt. Bernie Vahlkamp, president of the local firefighters union, said attorney Mike O'Hara and the three firefighters asked for arbitration in the appeal process. University of Illinois College of Law professor Matthew Finkin was selected for all three cases, which will be heard separately.

Assistant Fire Chief Mark Bigelow was suspended without pay for 30 days and demoted two ranks to lieutenant Feb. 1 by the Quincy Fire and Police Commission. Lt. Sean Dean and Lt. Bruce Oitker were fired after an investigation into charges of conduct unbecoming a firefighter.

Dean and Oitker will ask to be reinstated and Bigelow will ask to have his rank restored, Vahlkamp said.

Both sides can call witnesses and present evidence, just like the hearings before the Fire and Police Commission earlier this year.

The hearings begin at 8:30 a.m. at City Hall, with Oitker the first to go, Vahlkamp said, followed by Dean and Bigelow. Hearing dates in Quincy have also been scheduled for Sept. 22-23 in case they don't finish next week, Vahlkamp said.

After the hearings, Finkin will issue a written ruling, which will take an undetermined amount of time.

Vahlkamp said the hearings are "the final steps" in the appeal process, according to the local union contract.

Finkin teaches courses in labor and employment law and directs the College of Law's program in comparative labor and employment law and policy. Finkin said he would not comment about the hearings.

The city began an investigation in mid-October into alleged violations of policies and misuse of equipment by three nonunion employees and three firefighters. Sources said city computers were seized during the investigation.

The three nonunion employees were eventually fired.

The collective bargaining agreement between the city and the firefighters union states that firefighters can appeal either to a circuit court judge or to an arbitrator. The court process is open to the public, but the arbitration hearing is closed.

Chicago attorney James Spizzo will represent the city at the hearings, as he did during the Fire and Police Commission hearings.

The city spent more than $100,000 on salaries, benefits and legal counsel in connection with the investigation between October and February.

-- rhart@whig.com/221-3370



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