Below are three testimonials reproduced from the
FEDS letter to Firefighters of
12/14/09:
ICS Positions
covered for Professional Liability Insurance.
Testimonial of Michael J. Dietrich
Retired USFS Forest Fire Management Officer
During the last 10 years of my career, I have observed or witnessed numerous
investigations or reviews on serious accidents or fatalities. We have all
watched well meaning actions with sometimes tragic results in the world of
firefighting. While these events are truly tragic and life-changing, the
liability and legal aftermath is even more life changing; and with potential
criminal, civil or career implications.
The need for PLI is real. Within the last 3 years, I have witnessed many
firefighters and managers finding themselves involved in various serious
accident or fatality investigations. What is most disturbing is that the
majority of the folks involved with these "unplanned, never happen to me
events", do not have PLI! The reasons are highly varied and usually center
around the concept it will never happen to me or the cost is too high.
Unfortunately, I have personally witnessed the stress and anxiety experienced by
friends, co-workers and other firefighters who find themselves thrust into this
arena without PLI.
Fact: If you are involved with Forest Service serious accident or
fatality, a 2009 Chief's Memo has declared that the Forest Service Law
Enforcement and Investigations (LE&I) branch is in charge of the investigation.
So, a serious accident or fatality undergoes scrutiny for potential negligence
or misconduct, before any other investigation occurs. An unwitting or innocent
statement made at that initial time, could actually turn into a violation of
your Fifth Amendment Rights.
Fact: A fatality will automatically result in numerous investigations:
Forest Service LE&I, FS Serious Accident Investigation Team, OSHA (Fed), and
Office of Inspector General (OIG). All are theoretically independent
investigations. It gets even more complicated if the event involves multiple
agencies -- federal or state.
Fact: The Federal Government has the option of whether or not it will
defend you. The Department of Justice (DoJ) may or may not defend you, despite
claims of being "within the scope of your duties". And, in some cases, DoJ
cannot represent you because it is conducting a parallel investigation possibly
against you.
Fact: Most employees do not understand "Kalkines Warnings" or "Garrity
Warnings". If these terms mean nothing to you, then you need to! The criminal
investigators certainly do. The accident investigators may or may not understand
them, or possibly misrepresent their implications.
Rule 1 of self protection: DO NOT PRACTICE LAW WITHOUT A LICENSE. FEDS
has amassed a tremendous skill set in terms of today's litigious world,
specifically with regard to wildland firefighting.
PLI is cost effective! With or without reimbursement for 50% of the cost, it is
truly a Best Buy. Depending on how you file taxes, it may also be considered tax
deductible as well. It is less than 5 to 10 hours of overtime.
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Testimonial of G. Elton Thomas
Retired USFS Forest Fire Management Officer
I first heard of Professional Liability Insurance in the early-1980s from
several co-workers. As a District Ranger then for the U.S. Forest Service, I was
advised to get this insurance; however, I could not justify it, believing
instead that I would always be protected by my agency. I continued to hold that
belief until 2001 when I was Fire Management Officer for the Okanogan and
Wenatchee National Forests. A fatal wild fire changed many lives that year. I
had obtained a Professional Liability policy; however, I still thought I would
never use it.
Following the various investigations, I was proposed for discipline. Three
charges and eight specifications were asserted that shocked me. I began to see
my agency in a very different light. My professional liability policy secured me
very competent legal representation from Shaw, Bransford, Veilleux, and Roth. At
the conclusion of the administrative process, one charge and six specifications
could not be supported by the Regional Forester. I credit this to solid legal
representation.
Later on I was required to testify in a product liability lawsuit involving
Thirtymile Fire and since this litigation did not involve the government, I was
not represented by the United States Attorney. Once again, my professional
liability policy was called upon to provide me personal legal counsel. This was
essential due to the United States Attorney’s investigation into the criminal
aspects of the Thirtymile Fire.
Following these events I was issued a separate subpoena to testify in a civil
case against the U.S. Government resulting from the Thirtymile Fire. Once again,
I was provided excellent legal counsel through my liability protection. When the
final bill was rung up, my legal fees were well in excess of $50,000.
Given the paradigm shift that has occurred within the U.S. Forest Service to
discipline employees involved with fatal fires and the statute requiring Office
of the Inspector General involvement in specific investigations, I strongly
recommend all wildland firefighters and managers obtain Professional Liability
Benefits from FEDS. I personally know the founder of FEDS, Tony Vergnetti, and
he truly cares about federal employees. Don’t let another day go by without
having Professional Liability protection. It is very affordable and will bring
you peace of mind that you cannot otherwise buy.
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Testimonial of Debra L. Roth
Partner, Shaw, Bransford, and Roth, P.C.
The legal landscape associated with wildland firefighter may have forever
changed after the Thirty Mile Fire tragedy in the summer of 2001. I know this
having represented fire management officials involved in the Thirty Mile,
Cramer, and Esperanza tragedies. Federal law passed one year after Thirty Mile
now requires the Department of Agriculture Office of Inspector General to
investigate any fatality of a Forest Service employee due to an entrapment or
burnover. An IG investigation means criminal investigators conducting criminal
investigations, and has resulted in the bringing of criminal charges
(involuntary manslaughter and false statements made in federal investigations)
against the lower level Forest Service employees involved in Thirty Mile and
Cramer fires. Before this law passed, who would have ever thought that you could
go to prison for doing your job – fighting fire? It’s a whole new set of rules.
At the same time as a federal criminal investigation was ongoing, all Forest
Service employees in Thirty Mile and Cramer Fires had to deal with a Forest
Service Accident Investigation, an OSHA investigation, and administrative
disciplinary proceedings. The legal complexities of being subject to a federal
criminal investigation while these other investigations and disciplinary
proceedings are also underway is truly remarkable. No one can ever fully prepare
for these tragedies, but having professional liability insurance (which meant
having legal counsel experienced in the array of federal investigations and
proceedings) made a world of difference. It saved my clients from prosecution
and then saved their jobs. Having to effectively defend yourself in these
various concurrent investigations and disciplinary actions is outright cost
prohibitive for any federal employee. Nothing could be more critical to
preserving your career, livelihood, freedom from prosecution than knowledgeable,
tenacious, and experienced counsel. If you are engaged in wildland firefighting,
you have to ask yourself in the post-Thirty Mile legal realm if you are willing
to gamble your life savings, your job, and the risk of prosecution, when you can
so readily purchase an affordable safety net such as professional liability
insurance.
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