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Paramedics, firefighters named in Ala. exam leak case

Personnel Board recommends 16 be suspended or terminated

By Barnett Wright
Birmingham News (Alabama)
Copyright 2007 The Birmingham News
All Rights Reserved

A Birmingham firefighter of the year who saved children in a runaway truck is among 16 firefighters recommended for termination or suspension in connection with the leak of a lieutenant’s exam.

Attorneys for the firefighters said Wednesday many of their clients are highly decorated public servants and are being accused to cover mistakes made by the Jefferson County Personnel Board.

“These firefighters, many of whom have decades of serving the citizens, not only as firefighters but also paramedics, have a stellar history of service to the community,” said attorney Gayle Gear, who represents Darryl Lane, recommended to be suspended.

“He (Lane) has many commendations, including firefighter of the year,” Gear said. “He was firefighter of the month at least five times, one in which he saved kids in a runaway truck.”

Gear also represents two other firefighters recommended for termination and two recommended for suspension. “To stand accused by the Personnel Board, for them, is devastating,” she said.

Lorren Oliver, director of the Personnel Board, has said 100 interviews were conducted during a two-month investigation. The investigation found that a retired Birmingham Fire and Rescue battalion chief and a current battalion chief held a number of study sessions in which multiple candidates received a handout that “contained confidential examination information,” he said.

Oliver has said civil or criminal charges could be sought by members of the board.

The personnel board this week appointed five former judges and magistrates to hear appeals from the firefighters. Retired circuit Judge James Hard IV will begin prehearing conferences this month.

Greg Starkey, who represents Larry Young Sr., Willie Williams Jr. and Corey Crosby, said some of the firefighters were asked to serve as subject-matter experts, or people who helped create the tests.

“These are firefighters working for the city for 15, 16, 17 years,” Starkey said. “Obviously they were thought of highly enough to go down there and be the experts on the test. Then when it was found out there was a test out there, they were accused.”

Gear said, “The spotlight needs to go on the Personnel Board. The errors that occurred really were at their hands. They’re blaming the firefighters for the board’s inability to develop a test and keep it confidential.”

Efforts to reach Oliver on Wednesday were unsuccessful.

Charles Brooks, who represents Anntoinette Wright and Jacqueline Bennett, said his clients had nothing to do with a leaked exam and are accused only of receiving study materials. “What are you supposed to do when you receive study materials other than study them?” he said. “Any kind of disciplinary action we find to be unnecessary.”

Gear also represents Fitzgerald Mosley, Rodney Pinder, Michael Pennington and David Bradford. Attorney Sam Wiggins represents Mark E. Smith, Arizona Winborn Jr. and Catina Williams. Bill Dawson represents Ural Mitchell. Stephen Wallace represents Vincent Mitchell.

Wiggins, Dawson and Wallace said their clients did nothing wrong. An attorney for Jackie Barton declined to comment.