IAFF Basic Secretary-Treasurer Frank Líma, together with the IAFF and the United Firefighters of Los Angeles – IAFF Native 112, have filed swimsuit in opposition to the Metropolis of Los Angeles and two chief officers alleging {that a} reprimand he acquired violated his First Modification rights and the California Firefighters Procedural Invoice of Rights. The swimsuit was filed right this moment in US District Courtroom for the Central District of California.
Moreover serving as IAFF general-secretary, GST Líma is a captain with LAFD. The self-discipline stems from an off-duty incident defined within the criticism as follows:
- On June 22, 2023, GST Líma participated in a peaceable, permitted rally close to the Los Angeles Worldwide Airport in help of resort staff engaged in a labor dispute with their employers.
- Quite a few spiritual leaders, group leaders, labor leaders, and political leaders from the Los Angeles space additionally participated within the rally.
- GST Líma, who was in any respect materials occasions off-duty from the LAFD, attended the rally as a non-public citizen and as a union and group chief.
- He was amongst lots of of individuals arrested on the rally, together with legislators, labor leaders, and clergy.
- At no time has GST Líma been charged with against the law, indicted for an alleged crime, or convicted of against the law.
GST Líma duly reported the arrest, and regardless of the very fact he was by no means charged and in custody for lower than 10 minutes earlier than he was launched, he was issued a written reprimand roughly one yr after the incident. Based on the criticism:
- By imposing self-discipline on GST Líma pursuant to their insurance policies and procedures, Defendants violated his rights underneath federal and state legislation, together with his First Modification rights.
- The Supreme Courtroom has held that the First Modification protects the speech of public staff in the event that they communicate as residents on a matter of public concern.
- The California Structure presents comparable protections.
- In the meantime, California labor legislation prevents an arrest with out a conviction from being thought-about for disciplinary functions and protects hearth fighters’ proper to interact in political exercise.
- By imposing self-discipline on GST Líma pursuant to their insurance policies and procedures, Defendants additionally violated the rights of IAFF members in the US and UFLAC members in Los Angeles underneath the First Modification of the US Structure and the California Structure because it chills their curiosity in taking part in protected speech and associational conduct.
- The existence of this self-discipline will adversely influence GST Líma’s promotional alternatives inside the LAFD, and subsequently his incomes potential, and likewise function the premise for harsher self-discipline to be imposed on him by the LAFD sooner or later, together with unpaid suspensions and even discharge.
- All through his years of service with LAFD, GST Líma has been the primary in his class to be promoted to larger stage positions.
- The existence of the improperly imposed self-discipline will impede and adversely influence his promotional alternatives inside the LAFD as a result of self-discipline is a consider promotional choices.
- Attending rallies to help working folks — together with hearth fighters, Metropolis staff, and staff of personal organizations — of their makes an attempt to raised their working circumstances is central to the aim of IAFF and UFLAC.
- The self-discipline of GST Líma has triggered different UFLAC members to lift questions and issues concerning the utility of this official coverage, observe, or customized maintained by the Defendants to their very own actions.
- On the June 2024 assembly of the UFLAC Government Board, members of the Government Board shared these issues immediately with GST Líma and conveyed their concern that they and different UFLAC members might be put in danger for exercising their very own rights to interact in conduct like his — i.e., talking out about issues of public concern, taking part in peaceable protests or public demonstrations, and different such conduct protected underneath the US Structure, the California Structure, and the California Labor Code.
IAFF Native 112 filed a grievance over the self-discipline. Nevertheless given the prior restraint and speech chilling features of the self-discipline, the plaintiffs opted to maneuver ahead. The criticism contains ten counts, 4 alleging violations of the First Modification’s freedom of speech and freedom of affiliation necessities; 4 alleging the identical violations of the California state structure; an allegation alleging a violation of the California Labor Code; and a violation of the California Firefighters Procedural Invoice of Rights, which “assures the appropriate of off obligation hearth fighters to interact in political exercise. CAL. GOV’T CODE § 3252(a).”
Here’s a copy of the criticism: