Hamlin v. Charter Tp. of Flint

• Decision Date: 04 November 1996
• Docket Number: No. 95-75425-DT.,95-75425-DT.
• Citation: 942 F.Supp. 1129
• Parties: Robert W. HAMLIN and Jeanne E. Hamlin, his wife, Plaintiffs, v. CHARTER TOWNSHIP OF FLINT, Charter Township of Flint Fire Department, Greg Wright, and Sally Shaheen Joseph, Jointly and Severally, Defendants.
• Court: U.S. District Court — Eastern District of Michigan

942 F.Supp. 1129

Robert W. HAMLIN and Jeanne E. Hamlin, his wife, Plaintiffs, v. CHARTER TOWNSHIP OF FLINT, Charter Township of Flint Fire Department, Greg Wright, and Sally Shaheen Joseph, Jointly and Severally, Defendants.

No. 95-75425-DT.

United States District Court, E.D. Michigan, Southern Division.

November 4, 1996.

COPYRIGHT MATERIAL OMITTED

Dennis L. Gabrian, Bloomfield Hills, MI, for plaintiffs.

Norbert B. Leonard, Bloomfield Hills, MI, for defendants.

OPINION AND ORDER DENYING IN PART AND GRANTING IN PART DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

ROSEN, District Judge.

I. INTRODUCTION

Plaintiffs Robert W. Hamlin and his wife, Jeanne E. Hamlin, commenced this action in this Court on October 27, 1995 against Defendants Charter Township of Flint (the "Township"), Charter Township of Flint Fire Department (the "Fire Department"), Township Supervisor Sally Shaheen Joseph, and Fire Department Chief Greg Wright arising out of the September 19, 1994 termination¹ of Plaintiff Robert Hamlin ("Hamlin") from the Fire Department. Plaintiffs' Complaint alleges that this termination violated: (1) the Americans with Disabilities Act, 42 U.S.C. § 12111, et seq., (the "ADA"), (2) the Michigan Handicapper's Civil Rights Act, M.C.L. § 37.1101, et seq., (the "MHCRA"), and (3) as to the Township and the Fire Department, the public policy of the State of Michigan to permit freedom of speech and association.²

Presently before this Court is Defendants' Motion for summary judgment, brought pursuant to Fed.R.Civ.P. 56(c). In this motion, Defendants argue that: (1) Hamlin is unable to perform the essential functions of his former job as Assistant Fire Chief of the Fire Department; (2) Hamlin did not suffer an adverse employment action because of his disability; (3) Defendants Joseph and Wright, as individual defendants, cannot as a matter of law be held liable for violations of the ADA; (4) Plaintiffs have failed to plead or present facts which could support or constitute a claim for violation of public policy; and (5) Hamlin's application for and receiving of permanent and total disability payments constituted a knowing waiver of any allegedly implicated statutory rights under the ADA and the MHCRA and an admission that he is not a qualified individual within the meaning of the ADA or the MHCRA.

Having reviewed the pleadings, Defendants' Motion and supporting briefs, and Plaintiffs' Response, the Court is now prepared to rule on this matter. This Opinion and Order sets forth the Court's ruling.

II. FACTUAL BACKGROUND

Hamlin is a 45 year-old caucasian male who was employed by the Fire Department from January 1976 until September 1994. From 1976 through 1992, Hamlin received several promotions, culminating in his promotion to Assistant Fire Chief in April 1992. The job description for this position was specifically negotiated and agreed upon between Firefighters Local 1425, Hamlin's labor union, and the Township. Under the rubric of "General Description of Duties", the job description states that the Assistant Fire Chief has responsibility for "[r]espond[ing] to alarms and special calls and assum[ing] command of operations if required." (Plaintiffs' Ex. 2).

In September 1992, Hamlin suffered a heart attack. He was off work completely and receiving worker's compensation benefits until April 1993 when he returned to work, resuming his position as Assistant Fire Chief. When Hamlin returned to work, his doctor did not place any restrictions on him in the document which authorized his return to work. (Plaintiffs' Ex. 4). Moreover, Hamlin himself never informed the Fire Department that upon his return he was still under the care and treatment of a doctor and on certain medications due to his cardiac condition. (R.Hamlin Deposition, p. 123).

Defendant Wright, however, has stated that when Hamlin returned to work, he knew or should have known that the policy of the Township did not provide for permanent limited duty firefighters. (Plaintiffs' Ex. 4). What was in effect, however, was Standard Operating Procedure 93-1³ ("SOP 93-1") which provides that when any member of the full-time or on-call staff "... is on medical restriction where he or she cannot do lifting without restrictions, running, climbing, etc., [he or she] shall not participate in ... [a]larms ..., [d]riving or operating ... equipment, [or] work[ing] ... `shift'⁴ or part thereof...." (Plaintiffs' Ex. 4, Plaintiffs' Complaint Ex. 3). After SOP 93-1 became effective, two firefighters, Frank Kirby and Eddie Chaprinka, were placed on limited duty — including not responding to alarms — because of medical restrictions. (Plaintiffs' Ex. 7, Rowley affidavit, p. 2). What SOP 93-1 apparently contemplates — and what apparently occurred with respect to Kirby and Chaprinka — are situations that are not permanent. Chaprinka, for example, had an ankle injury which put him on light duty for Summer 1993, and he is currently on light duty with a back injury. (G.Wright Deposition, p. 99). Furthermore, there is no evidence as to whether the Fire Department or Hamlin ever considered SOP 93-1 as an option for him upon his return.

On November 29, 1993, Hamlin was offered the position of Fire Chief. He refused this promotion, however, because he believed that the promotion would result in a decrease in his compensation and benefits due to the lack of overtime pay. Plaintiffs allege that this refusal caused the Township Supervisor, Defendant Sally Joseph, to suffer professional embarrassment, which in turn eventually caused her to seek Hamlin's termination. (Def. Ex. A, R. Hamlin Deposition, Vol I, p. 75).

Plaintiffs further contend that after Hamlin refused the promotion, the Township Treasurer assured him that the Township Board would vote on and pass an enhanced compensation package and that he would then again be offered the promotion.⁵ Although the additional compensation issue did come before the Board, it did not pass. What happened next is not clear because the parties dispute whether Hamlin was offered the job again and rejected it or whether he was never again officially offered the job. Nevertheless, at approximately this time, Hamlin spoke to the local media and expressed his frustration over not being able to come to terms with the Township for the Fire Chief job.⁶ Eventually, the position of Fire Chief was offered to, and accepted by, Defendant Greg Wright on essentially the same terms that were originally offered to Hamlin.⁷

On September 8, 1994, Defendant Wright, as the Fire Chief, ordered Hamlin to report to Fire Station # 2 to cover for Captain Bielby while he went to a dentist appointment. (Plaintiffs' Ex. 4). Because Captain Bielby was working "shift" at this time, covering for him would have involved assuming the responsibilities of working shift while Bielby was at the dentist. Working shift means the 24-hour shift worked by a firefighter as a primary responder at a fire station.⁸

Whether working shift is part of the Assistant Fire Chief's duties is a matter much in dispute. From the time Hamlin was promoted to Fire Marshal/Inspector in May 1989 through his tenure as Assistant Fire Chief until September 1994, Plaintiffs assert that Hamlin was never required to work a 24-hour shift. Furthermore, Former Fire Chief Donald Rowley, Defendant Wright's immediate predecessor, has stated that, while prior to 1985 the Assistant Fire Chief did work 24-hour shifts as part of his or her required duties, in 1985 the Assistant Fire Chief position was changed to a 40-hour per week position which did not require working shift. (Plaintiffs' Ex. 7, Rowley affidavit, p. 2).⁹ Additionally, Hamlin's predecessor, Former Assistant Fire Chief Gregg Nordman, has stated that after 1985 he was not required to work shift, and as a result, when he occasionally volunteered to work shift, other full-time firefighters, including Defendant Wright, objected — presumably because they wanted the overtime for themselves. (Plaintiffs' Ex. 17, Nordman affidavit, p. 2). Nevertheless, Nordman has also stated that after 1985 he did continue to respond to alarms and assume command at fire scenes, including occasionally performing firefighting duties. (Id.). However, Plaintiffs point out that Defendant Wright has stated that he does not know how many times Hamlin's successor, Assistant Fire Chief Ron Csiky, has worked shift since Hamlin was terminated. (G. Wright Deposition, pp. 24-25). Finally, based on Nordman, Hamlin, and Csiky's experiences, Plaintiffs argue that regardless of the above discussion, this function is not significant because although it could potentially arise regularly, it typically is an infrequent responsibility. (G. Wright Deposition, pp. 24-25, 92-93, 101-02, 114, 116-18).

Nevertheless, on one occasion after he returned from his heart attack, then Fire Chief Donald Rowley asked Hamlin to fill-in for a firefighter and work a 24-hour shift. (Plaintiffs' Ex. 7, Rowley affidavit, p. 7). Hamlin, however, refused explaining that his doctor had advised him not to work shift. (Id.). On account thereof, Rowley did not require Hamlin to work shift. (Id.).

Thus, on September 8, 1994, when Defendant Wright requested that Hamlin cover for Captain Bielby, who was working shift, Hamlin stated that he could not because his doctor would not let him. (Plaintiffs' Ex. 4). Consequently, Defendant Wright asked Hamlin to provide him with a copy of this doctor's opinion since there was nothing in the Fire Department's files which indicated that Hamlin was not able to cover for a firefighter.¹⁰ (Id.). Hamlin responded to this request with a May 11, 1994 letter to a Doctor Modi from a Doctor Amlani in which Doctor Amlani determined that Hamlin's functioning as an assistant fire chief and doing intermittent or infrequent duties of a fireman may be acceptable. (Id.). In light of this letter, Defendant Wright sent Hamlin home to obtain a statement from his doctor to the Township which would allow the ...