Discipline Leads to Lawsuit from Veteran Los Angeles Fire Captain

July 30, 2024
Los Angeles Capt. Frank Lima was disciplined after he was arrested during a protest while he was off-duty.

A prominent captain in the Los Angeles Fire Department sued the city Monday after he was disciplined following his arrest at a protest in support of hotel workers.

LAFD Capt. Frank Líma, who also serves as general secretary-treasurer of the International Assn. of Fire Fighters, a national union, filed the suit Monday in U.S. District Court in Los Angeles, alleging that his free speech rights were violated.

United Firefighters of Los Angeles City, the union representing Los Angeles firefighters, and the International Assn. of Fire Fighters are also plaintiffs.

The lawsuit claims that Líma last month received a notice of discipline from the LAFD stemming from his participation in a June 22, 2023, protest over wages and healthcare benefits for members of Unite Here Local 11, a labor group representing Los Angeles hotel workers.

Líma was off duty when he went to the protest, according to his lawsuit.

Demonstrators sat cross-legged in the middle of Century Boulevard near Los Angeles International Airport during the nonviolent protest, The Times reported at the time. The protest was widely covered by the media because scores of people, including several L.A. City Council members, were arrested.

The arrests were expected and the organizers coordinated with the Los Angeles Police Department ahead of time, according to the lawsuit. Líma was never charged, according to the lawsuit.

The protest drew more headlines later because Los Angeles City Atty. Hydee Feldstein Soto's office sent out a memo advising the city's elected officials to refrain from getting involved in labor disputes, saying such activities could result in legal action against the city. Critics questioned her advice, arguing that L.A. officials had long marched in solidarity with unions.

Líma claims in his lawsuit that he was wearing a shirt at the protest with the "IAFF logo clearly identifying him as a union leader — not clothing or any other item that could in any way identify him as a LAFD employee."

He promptly reported his arrest to the LAFD's Professional Standards Division, as required by the department, according to the lawsuit. In October 2023, he was contacted by an internal investigator about the arrest and gave an interview that lasted five minutes.

Then, in June, he was given a "written reprimand" from the department and a notice of discipline that found he violated a section of LAFD rules that requires that members of the LAFD "familiarize themselves with and be obedient to the rules, regulations, practices … and procedures of the Department."

He was also told he had violated another section that requires LAFD members to "be governed by the ordinary and reasonable rules of behavior observed by law-abiding and self-respecting citizens" and "conduct themselves in a manner which will not tend to impair the good order and discipline of the Department," according to the lawsuit.

Líma's lawsuit claims violation of the 1st and 14th amendments of the U.S. Constitution, among other rights.

A representative for the Fire Department declined to comment on the lawsuit.

Líma didn't respond to a request for comment.

Ryan Heffernan, head of communications for the IAFF, told The Times that action against Líma is "meant to intimidate IAFF members from engaging in lawful union activity."

"The IAFF is proud of General Secretary-Treasurer Líma's leadership and support of California's hotel workers, and we are committed to challenging this LAFD policy infringing on our members' constitutional and legal rights," Heffernan said.

A 32-year veteran of the Fire Department, Líma is well known at the LAFD and the International Assn. of Fire Fighters, which represents 350,000 firefighters and emergency medical and rescue service workers in North America.

Líma has an unusual arrangement with the city, which also allows him to work for the national union. He works approximately 48 hours a month at the Fire Department, the lawsuit states.

The lawsuit claims the discipline hurts "Líma's promotional opportunities within the LAFD" and his earning potential. It could also serve as the basis for "harsher discipline" in the future.

Líma sued the LAFD two decades ago. A jury awarded him $3.75 million after he alleged retaliation by his superiors related to his oversight of a training drill.

This story originally appeared in Los Angeles Times.

©2024 Los Angeles Times. Visit latimes.com. Distributed by Tribune Content Agency, LLC.

 

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