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SALT LAKE CITY — Five firefighters claim in a federal lawsuit that two former top Unified Fire Authority administrators passed them over to hire less-qualified family members in 2011.
The five men say they learned about possible preferential treatment to family members during the hiring process from a January 2017 state audit. After obtaining a copy of the hiring list, they found that nine of the 12 applicants offered jobs in June 2011 were related to the chief, deputy chief, an assistant chief, a battalion chief or a captain, according to the lawsuit.
The complaint filed in U.S. District Court names the Unified Fire Authority, former Chief Mike Jensen and Deputy Chief Gaylord Scott as defendants.
Unified Fire Authority spokesman Nile Easton said the agency became aware last Friday that the lawsuit was filed.
"Unfortunately, we are unable to discuss pending litigation at this time," he said. "I can tell you the firefighters in question from that class have performed well for us."
Jensen, a Salt Lake County councilman, and Scott resigned in 2016 amid controversy over incentive pay and complaints alleging misuse of public funds. The state audit recommended a criminal investigation, and the Utah Attorney General's Office in September found "troubling" behavior but declined to file charges.
The attorney general's report and the state audit raised questions about the Unified Fire Authority's hiring practices.
Related:
Board weighing whether to sue ex-fire chiefs for allegedly misusing $370K
he Unified Fire Authority board met in a closed session Tuesday, Oct. 16, to review the Utah attorney general's investigative report regarding the authority's former bosses' spending, but it delayed any decision to pursue litigation until at least next month.Four of the five men — Brandon Dodge, Todd Johnson, Kiyoshi Young and Michael Degering — were working part time for the fire authority in 2011 and were certified emergency medical technicians, which was a requirement for the full-time job. The fifth, Justin Prokopis, also was an EMT and had earned firefighter certification at the Utah Fire Rescue Academy.
All five were hired full time in 2013, though they claim in the lawsuit that the fire authority classified them differently than the 2011 hirees, resulting in a less favorable retirement plan.
The lawsuit alleges the fire authority held a special EMT training course to allow Jensen's son-in-law to become eligible before the hiring deadline. It also alleges administrators' family members received preferential treatment, including raising the exam scores to receive "artificially" high rankings on the hiring list.
"As determined in the A.G.’s report, defendants’ policy of classifying and treating family members and relatives of management personnel more favorable than non-family members resulted in the hiring of family members, although in some cases they were substandard and had a low level of aptitude than plaintiffs," according to the lawsuit.
