Firefighters take on city of Beaumont

A lawsuit brought by the first responders of the Beaumont fire fighters’ association claims that administration is violating Civil Service Act protections to the detriment of not only their public service employees, but also the community serviced by their efforts.

The lawsuit, brought by the International Association of Fire Fighters Local 399 at the end of December 2022, alleges that the city of Beaumont, represented by city manager Kenneth Williams and fire chief Earl White, violated a court order and agreement to classify emergency medical personnel as civil service employees.

Evidence presented to the court, alleging violation by the city of Beaumont, shows that, in March 2021, the Beaumont City Council voted to move all emergency medical service employees, also known as emergency medical technicians, from the Health Department into the Fire Department. According to the documents, the transfer was executed to address "a lack of EMS personnel to properly staff ambulances necessary to provide emergency medical treatment to the citizens of Beaumont."

Pursuant to a 1960 municipal vote that requires the city's fire and police departments to be "Civil Service" employees, the fire fighters’ collective asserts, the Civil Service Act protects the emergency medical technicians now classified as members of the fire department.

"The purpose of the civil service act is to protect those two vital departments from political gamesmanship, such as being done in this instance, by securing employment protections for covered employees in those departments," the lawsuit for the fire fighters’ association asserts.

However, the lawsuit further details that, on Dec. 19, 2022, "in what can only be an attempt to avoid Judge (Justin) Sanderson‘s order, and without any authority, the city manager announced a creation of a new department within the city, called the emergency medical services department."

A press release from the city of Beaumont released on Dec. 19, 2022, announced, "a new standalone Emergency Medical Services (EMS) Department to better serve the citizens. The new EMS Department will report directly to the city manager, putting an increased focus on public safety and health and welfare of the community."

Real harm, the lawsuit details, comes in the form of tenured emergency medical personnel losing the "ability to improve their careers through promotions."

Consequently, "their careers would essentially die on the vine and they will be forced to either move to the EMS Department or coworker from another municipality or company. This would work an injustice on the fire department and the citizens of Beaumont that having fewer EMTs responsible to emergency calls for service."

Further, the evidence attached to the lawsuit details, the city charter for Beaumont "requires that new departments be established through city ordinance." Therefore, the movants allege that the city manager acted outside of the laws applicable to the city itself.

The fire fighters’ association is requesting a permanent order preventing the city of Beaumont and administration from staffing the new, "unlawful Emergency Medical Services Department in violation of the Civil Service Act and to classify all medics in the Beaumont Fire Department."

Attorneys for both sides will present arguments on Jan. 10.

A separate suit filed on behalf of Beaumont EMT Caleb Fenter in 2022 resulted in judicial order to swear in the EMT for Civil Service status. The city has appealed that ruling, with arguments due to the Court of Appeals on Jan. 9.