By Brian Rokos
The Press-Enterprise
CORONA, Calif. — The State Personnel Board has upheld the demotion of a Cal Fire engineer who took his hands off the steering wheel to flash a “two-thumbs-up” sign to a red-light camera as the fire engine sped through the intersection with its emergency lights and siren on.
The board issued its written decision Tuesday, June 5. The panel agreed with an administrative law judge that Patrick O’Donoghue was guilty of “inexcusable neglect of duty” for taking his hands off the wheel and for driving too fast through two red lights, both violations of policies.
David J. Givot, O’Donoghue’s attorney, said he likely will appeal the decision, which demotes O’Donoghue from engineer-paramedic to firefighter-paramedic, to Superior Court.
“This entire process from the beginning has been run by state employees,” Givot said by phone Thursday. “I don’t believe we have yet had a fair review of the facts.”
The incident occurred the night of Nov. 22, 2010. O’Donoghue was based at Station 38 in Rubidoux but on that day was assigned to Station 15 in Corona, Cal Fire spokeswoman Janet Upton said.
The report gave this account:
O’Donoghue was driving the fire engine on an emergency call, eastbound on Cajalco Road, when he drove through the red light at the intersection of Grand Oaks Road at 64 mph. A vehicle was stopped at the green light at southbound Grand Oaks, and a vehicle was stopped to the right of the fire engine on Cajalco.
O’Donoghue, knowing the engine would trigger the red-light camera, smiled, took his hands off the steering wheel and gave a two-thumbs-up sign. He then drove through the Temescal Canyon red light at 55 mph.
The report said Cal Fire policy states that drivers must keep both hands on the steering wheel and that the maximum speed through a red light or stop sign is 5 mph.
O’Donoghue was demoted Sept. 5, 2011. He testified at his hearing before an administrative law judge this April that he regretted his actions and uses them as teaching aids for new emergency drivers.
O’Donoghue was hired as a firefighter in 2005 and promoted to engineer in 2006. In 2008, his pay was cut by 5 percent for two months for damaging a fire engine while backing it up.
Givot said he believes a proper punishment would be restoring O’Donoghue to engineer without receiving back pay.
“What he did was not unsafe,” Givot said. “It was not demonstrative of disregard for the safety of the community or his crew. It was one second off the steering wheel, which he regretted almost immediately. It wasn’t worth a demotion.”
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