By the Associated Press
ODESSA (AP) - An Odessa firefighters' union president should not have been suspended without pay
and was treated unfairly when he spoke out about public safety issues, a federal court has ruled.
The U.S. District Court for the Western District of Texas found Sept. 16 that Odessa city officials
violated the constitutional rights of Stan Tinney, president of Odessa Fire Fighters Association Local
1665.
Odessa Fire Chief Stephen Pollock suspended Tinney for two weeks without pay in November 2001
after the union president published a newsletter critical of such safety issues as inadequate staffing
and equipment. Pollock and four other union members were then questioned individually by city
officials.
Tinney was suspended without pay, reprimanded by letter, and later downgraded in a performance
evaluation, said George Burke of the International Association of Fire Fighters in Washington, D.C.,
which took the case to court.
"You will find these folks were operating well within their bounds as a union speaking out about issues
that directly affected their safety and the safety of individuals," Burke said. "The city reacted with a
very heavy hand."
Pollock said Tinney and the four union members were questioned according to city policy, not
interrogated at dawn as the union alleged. He said Tinney deserved to be suspended without pay and
was pleased the court dismissed the cases filed by the other four union members.
Pollock also said the effect on Tinney was minimal.
"He has the same rank and position he had prior to the suspension," the fire chief said. Tinney is a
battalion chief.
City attorneys will now decide whether to settle with Tinney or allow the court to do so.
