Dispute over hidden camera sex in B.C. fire chief’s office

Hidden camera in chief’s Vernon office captures sexual romp between two employees

A hidden surveillance that captured something rather unexpected is the focus of a dispute between the Vernon Professional Firefighters Association IAAF Local 1517 and the City of Vernon.

One firefighter and a fire service employee were terminated in March after being caught by the hidden camera having sex in now fire chief David Lind’s office (Lind was interim chief at the time of the incident).

The camera had been installed four months prior to watch if someone was going through Lind’s locked file cabinet.

An arbitration panel ruled 2-1 in favour of the city being able to use the video footage of the dalliance to support their reason for termination.

The union filed grievances on behalf of the terminated employees, acknowledging what’s on the video as a “deeply personal and compromising interaction,” but, at the same time, “the union does not agree to stipulate for this arbitration to an admission to this activity. It asserts the employer must discharge its legal onus to prove each dismissed employee engaged in activity justifying disciplinary dismissal without adducing into evidence privacy invading covert surveillance video camera footage.

“If the employer cannot discharge its onus without reliance on this video footage, its predicament is a consequence of its flawed investigatory approach from which neither the union nor the board has any responsibility to rescue the employer.”

The city has said if the video is ruled inadmissible, it “will allow the employees to go unsanctioned for egregious workplace misconduct.”

The panel is chaired by lawyer James E. Dorsey and includes retired Vancouver Fire Rescue Services Chief John McKearney, and IAAF vice-president Emeritus Lorne West. Dorsey and McKearney voted to dismiss the union’s application to exclude the video footage from the admissible evidence over the firefighters’ terminations.

“…This surreptitious surveillance as conducted by the employer was both a necessary collection of employee personal information for an investigation of employee misconduct and to manage the employment relationship and a reasonable exercise of management authority in all of the circumstances,” wrote Dorsey and McKearney in the decision.

“It was narrowly focused surveillance based on a genuinely held suspicion with minimal invasion of employee privacy.”

West respected his colleagues’ opinions, but disagreed, and said Lind’s testimony during the hearing was not believable.

“That includes whether or not the file cabinet in question was locked or unlocked,” said West, adding he felt Lind’s testimony was ‘scripted and rehearsed.’

“To be frank, the employer appears to believe they had found grounds to remove an employee, who was a strong leader within the union membership,” said West. “Was it coincidental or was the employer looking for this and then built the back story to fulfill that need?”

The City of Vernon does not comment on personnel matters, and will not provide additional information in this matter as it remains before an arbitration panel.



roger@vernonmorningstar.com

Like us on Facebook and follow us on Twitter.

Comments are closed

Just Posted

Ladies and Gentlemen, the ninth annual Trash Fashion Show

Mt. Baker Secondary School art students turn clutter in haut couture

MS Walk set for Sunday at the College of the Rockies

On Sunday May 26, communities across BC will participate in the annual… Continue reading

School District 5 superintendent announces retirement

Lynn Hauptman, who has served as the top administrator since 2013, is calling it a career

Cranbrook Tritons prepare for international swim meet

Two local swimmers will compete against the best at the Mel Zajac Jr. International Swim Meet

Cranbrook Eagles victorious in Rock Creek

Three Eagle boxers won their matches at Rumble in Rock Creek

VIDEO: Canadian breaks women’s world record for longest plank

Dana Glowacka, of Montreal, held a plank for four hours and 20 minutes

A pain in the pump

I have just returned from a quick drive across the province to… Continue reading

A Christian Perspective on Homosexuality: Parts I and II

Rev. Yme Woensdregt A Christian Perspective on Homosexuality: Part I June is… Continue reading

The exoneration of Poundmaker

There occurred a small but significant moment in Canadian history Thursday. The… Continue reading

‘I think he’s still alive’: B.C. mom pleads for help finding son last seen a month ago

Family offering $5,000 reward for information leading to the safe return of Tim Delahaye

New poll suggests one-third don’t want politicians to wear religious symbols

Local politicians shouldn’t be allowed to wear hijabs, crucifixes or turbans on the job, survey suggests

Raptors fans far from home adjust plans to watch pivotal playoff game

Raptors currently lead the playoff series 3-2, and a win Saturday would vault them into NBA finals

Five takeaways from the Court of Appeal ruling on B.C.’s pipeline law

It’s unclear how many tools are left in B.C.’s toolbox to fight the project

Kootenay man arrested and charged in 2015 murder

Nathaniel Jessup 32 of Creston has been charged with the second-degree murder of Katherine McAdam and offering an indignity to a body.

Most Read