Gardner undergoes an ethics investigation; white firefighters union sparks conflict with city | political eye
At the start of the week, the Office of the Chief Disciplinary Board of Missouri – the disciplinary authority of State lawyers – held a lawsuit against Circuit Attorney Kim Gardnerexamining an ethics complaint filed by a disgraced former governor Eric Greitens.
After months of negotiations with the OCDC, Gardner accepted an amended ethics complaint against her that referenced her failure to include multiple documents in a “privilege log,” a spreadsheet that an attorney shares with the attorney. opposing party that describes a confidential document without disclosing privileged information. “Privilege” in court can refer to the confidentiality between a lawyer and his client, or to the product of a lawyer’s work. Although Greitens’ defense team is not legally entitled to the documents referenced in the privilege log, Gardner was recommended to be reprimanded for not having provided the identity of these two documents in the diary which was given to Greitens’ lawyers.
While prosecutors were shown at retain important, innocence-to prove evidence of the defendants on a ordinary base – a problem that even Gardner’s office struggled with – this scenario does not accurately depict the legal ethics conflict between Gardner and Greitens. On the contrary, Greitens’ complaint was clearly political retaliation against Gardner for finally force Greitens out of the governor’s mansion in May 2018.
The basis of Greitens’ complaint to the bar differs from an average defendant’s complaint for one glaring reason: Greitens complained that Gardner failed to produce his own notes (usually protected by work product ruler and not shared with the defendants), which may well have referenced his mistress’ exploit photo that he and his lawyers have publicly declared non-existent. While the victim apparently didn’t have a copy of the photo that Greitens used to blackmail and exploit (everyone remembers Scott Faughn carrying a bag of $50,000 cash at avocado Al Watkins as part of this scheme?), Greitens’ ex-wife, a law professor Sheena Greitens, recently revealed in a sworn affidavit to a Cole County Family Court judge that the photo existed and that Eric had threatened her not to disclose that fact.
For Gardner’s ethics complaint, the recommendation for a reprimand will be forwarded to the Missouri Supreme Court, who has the final authority to accept or reject the recommendation.
another complaint filed by Republican State Representative Paul Curman was dismissed by the OCDC.
During this time, the International Association of Fire Fighters (IAFF) Local 73 found itself at odds with the city of St. Louis and the Director of Public Safety Dan Isomoffice, after its leaders accused Isom personally to delay promotions within the fire department. Although a backlog has existed since 2013 – under the administration of the then mayor Francis G. SlayLocal 73 – who supported Alderman Cara Spencer in the 2021 mayoral race – now insinuating political retaliation in Mayor Tishaura O. Jones‘ office for the delay of more than 8 years.
As usual, the truth is less conspiratorial.
Captain Percy Green III of the City of St. Louis Fire Departmenta 22-year veteran of STLFD and president of Firefighters Institute for Racial Equality (FIRE), said that the pressure for promotions of captains and battalion chiefs of a list 2013 violates a settlement agreement that was intended to address internal discrimination against black and female applicants.
Local 73’s account lacks FIRE’s successful lawsuit against the city following the 2012 review, and under a 2017 settlement, the city agreed that future reviews for Fire Department promotions would adhere to a series of criteria that ensured a fair process for all applicants, did not discriminate against black and female applicants, and promoted transparency during the review process. Twenty-five candidates were promoted at the end of 2013, based on the 2012 competition. Green says those 25 positions were vacant for almost 2 years before being filled.
However, no new promotional exams have been administered since 2012.
The City agreed that all future Fire Department promotional reviews with the new testing criteria would begin in 2018 and be held every 3 years thereafter. To begin the promotional review process, then-Director of Personnel Richard Frank was required under the agreement to issue a request for proposal (RFP) to find an exam administrator. He was then supposed to send a copy of that RFP to both Local 73 and FIRE Frank released the RFP after the 2018 deadline had expired – but to make matters worse, Frank didn’t. did not send the request for proposals to the two firefighter unions.
FIRE learned the RFP was issued but not shared with them or Local 73, and Green said he called Frank for circumventing the terms of the settlement. Frank not only stopped the review process for that year, but never moved forward after that point to restart promotions via his retirement on December 1, 2021.
“As far as promotions, FIRE is not against giving another promotional review. We just wanted the personnel manager to follow through with the settlement agreement,” Green told the EYE.
Promoting candidates from an 8.5-year-old list should be problematic for everyone, and Isom expressed his concerns doing so too. But Local 73 argued for a promotion from the 2013 roster until further consideration was given – even going so far as to tell the St. Louis Post-Dispatch as the 2017 settlement agreement says so.
Except Frank never moved forward with additional promotions as required by this agreement and he even retained the authority to rescind the 2013 roster after 6 months, Green said.
The most notable point missing from Local 73’s ad campaign: Two white mayors have been in office since the 2013 slate was released, and both have been endorsed by Local 73. However, it wasn’t until Mayor Jones’ administration, that for the first time Local 73 raised the issue of blocking promotions, which raised a number of questions.