Pubdate: Tue, 14 Nov 2000
Source: Wisconsin State Journal (WI)
Copyright: 2000 Madison Newspapers, Inc.
Contact:  http://www.wisconsinstatejournal.com/
Author: Brenda Ingersoll, Police reporter

NAMES OF FIREFIGHTERS IN DRUG INVESTIGATION MAY BE REVEALED

A Judge Ruled The Public'S Right To Know Outweighs Firefighters' Interest 
In Protecting Reputations.

Names of nine firefighters investigated for drug use may be made public 
Wednesday, unless the union appeals, a Dane Circuit judge ruled Monday.

Allegations against that the firefighters "concerns the public, because 
they wonder if the firefighters can be counted on to perform," Judge Sarah 
O'Brien said, concluding the public's right to know outweighs firefighters' 
interest in protecting their reputations.

John Talis, attorney for International Association of Firefighters Local 
311, said after Monday's hearing he was unsure if firefighters will appeal.

O'Brien granted a union request to bar Fire Chief Debra Amesqua from 
releasing names of two firefighters exonerated by an internal investigation.

The department investigated 12 firefighters whose names came up in a police 
probe of a cocaine conspiracy at a now-defunct bar, Jocko's Rocket Ship. No 
firefighters were criminally charged, although the police probe led to 
convictions of nine cocaine dealers.

Amesqua announced Oct. 27 she would disclose names of eight firefighters 
she said violated department rules. She seeks to fire five and to suspend 
three. Only one has accepted discipline. The chief will file formal 
disciplinary charges against the remaining seven with the city Police and 
Fire Commission, but that won't happen for weeks. Charges would include 
names and details.

The union sued Nov. 3 to stop Amesqua from revealing the firefighters' 
names now, before formal charges are filed. Talis argued that the five of 
12 investigated firefighters who remain on duty risk harassment and 
ridicule if their names are disclosed. "They're going to be painted as drug 
users," Talis said.

Attorney William Haus, representing a cleared firefighter, said, "Everybody 
will be tarred with the same brush."

But Assistant City Attorney Carolyn Hogg said Amesqua weighed firefighters' 
privacy and reputations against public interest in knowing how the Fire 
Department cleans house. "The balance has to be struck in favor of 
disclosure," she said.

O'Brien permitted the Wisconsin State Journal, The Capital Times and 
WKOW-TV, all of whom have sought the firefighters' names, to intervene in 
the case. Their attorney, Bob Dreps, argued that public employees are 
subject to the state Open Records Law. "They are in the public eye by 
virtue of the position they accepted. They can't come back later to the 
court and ask it to conceal them from the public that employs them," he said.

Five firefighters' names already have been disclosed in news stories. They 
are Tracy Patterson, Paul Elvord and Dave Barlow, whom Amesqua seeks to 
fire; and Okoto Torti and Lt. Terry Rice. Torti was fired in July for not 
having a driver's license, while Rice resigned Sept. 15 rather than face 
formal disciplinary charges.
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