Fired and demoted Marion firefighters appeal discipline

A current and a former Marion firefighter both have filed appeals with the city’s civil service commission after one was fired and the other was demoted from his position as battalion chief.

The appeals were attached to the commission’s agenda for a regular meeting Tuesday, in which members will set dates for the firefighters to have hearings.

The first appeal was filed Nov. 4 by Peter Lammer, who was demoted Nov. 2 from battalion chief to the rank of firefighter/paramedic. Marion Fire Chief Tom Fagan provided the commission a specification of charges and grounds, which outlined the reasons for the demotion.

“Pete Lammer’s charges and disciplinary history show a continued and persistent pattern of poor leadership, decision-making and judgment in his role as battalion chief within the Marion Fire Department,” the chief’s Nov. 14 document reads.

Fagan cited several incidents he said showed the leadership and decision-making issues, including an instance in January when Lammer allowed a firefighter to drive an apparatus the firefighter was not cleared to drive; an incident in July when Lammer did not respond to a radio call for seven minutes, during which the engine he commanded was attempting to reach him about responding to potential fire; and instance in August when Lammer allowed a firefighter he was supervising to use a chain saw in a manner that put the firefighter’s safety at risk.

Lammer also received a reprimand in 2006 for emailing coworker offensive and sexually explicit messages, according to the report.

The second appeal was filed Nov. 10 by William Zamastil after he was fired from the department Nov. 1.

According to a Nov. 22 document from Fagan, Zamastil witnessed “an incident of workplace violence” Sept. 9 and pressured the victim of the incident and coworkers not to report the incident to management. Later, when he found out the victim had reported the incident after all, he “created an uncomfortable work environment for the victim” by swearing at the victim and saying that the perpetrator of the violent incident would be disciplined.

Zamastil also was dishonest in a later administrative interview about the workplace incident, and in a due process hearing held before he was fired, according to Fagan’s report.

“Mr. Zamastil’s charges demonstrate retaliatory behavior that not only violates city and department policies, but also damages trust and safety within the department,” the document reads.

The Civil Service Commission will consider a motion to schedule Lammer’s hearing starting at 9 a.m. Feb. 27, and a motion to schedule Zamastil’s hearing for a date that hasn’t been decided yet.

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