Dispute over hidden camera sex in B.C. fire chief’s office

Hidden camera in chief’s Vernon office captures sexual romp between two employees

A hidden surveillance that captured something rather unexpected is the focus of a dispute between the Vernon Professional Firefighters Association IAAF Local 1517 and the City of Vernon.

One firefighter and a fire service employee were terminated in March after being caught by the hidden camera having sex in now fire chief David Lind’s office (Lind was interim chief at the time of the incident).

The camera had been installed four months prior to watch if someone was going through Lind’s locked file cabinet.

An arbitration panel ruled 2-1 in favour of the city being able to use the video footage of the dalliance to support their reason for termination.

The union filed grievances on behalf of the terminated employees, acknowledging what’s on the video as a “deeply personal and compromising interaction,” but, at the same time, “the union does not agree to stipulate for this arbitration to an admission to this activity. It asserts the employer must discharge its legal onus to prove each dismissed employee engaged in activity justifying disciplinary dismissal without adducing into evidence privacy invading covert surveillance video camera footage.

“If the employer cannot discharge its onus without reliance on this video footage, its predicament is a consequence of its flawed investigatory approach from which neither the union nor the board has any responsibility to rescue the employer.”

The city has said if the video is ruled inadmissible, it “will allow the employees to go unsanctioned for egregious workplace misconduct.”

The panel is chaired by lawyer James E. Dorsey and includes retired Vancouver Fire Rescue Services Chief John McKearney, and IAAF vice-president Emeritus Lorne West. Dorsey and McKearney voted to dismiss the union’s application to exclude the video footage from the admissible evidence over the firefighters’ terminations.

“…This surreptitious surveillance as conducted by the employer was both a necessary collection of employee personal information for an investigation of employee misconduct and to manage the employment relationship and a reasonable exercise of management authority in all of the circumstances,” wrote Dorsey and McKearney in the decision.

“It was narrowly focused surveillance based on a genuinely held suspicion with minimal invasion of employee privacy.”

West respected his colleagues’ opinions, but disagreed, and said Lind’s testimony during the hearing was not believable.

“That includes whether or not the file cabinet in question was locked or unlocked,” said West, adding he felt Lind’s testimony was ‘scripted and rehearsed.’

“To be frank, the employer appears to believe they had found grounds to remove an employee, who was a strong leader within the union membership,” said West. “Was it coincidental or was the employer looking for this and then built the back story to fulfill that need?”

The City of Vernon does not comment on personnel matters, and will not provide additional information in this matter as it remains before an arbitration panel.



roger@vernonmorningstar.com

Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Comments are closed

Just Posted

Google Maps screenshot taken at 7:56 a.m., Oct. 29.
TRAFFIC: Westbound Highway 1 crash between Chilliwack and Abbotsford

Left lane is blocked, traffic backed up to No. 3 Road

Staff at Lowe’s Canada stores contributed more than $2.1 million to charities across the nation through their Heroes Campaign. In Abbotsford and Mission, three charities received a total of more than $25,000. (Submitted photo)
Lowe’s Canada donates more than $25K to 3 local charities

Funds will support non-profits in Abbotsford and Mission

A woman holds a packet of contraceptive pills. (AP Photo/Tsvangirayi Mukwazhi)
Chilliwack women’s organization among those lobbying for free contraception

Ann Davis Society says while it’s a women’s issue, all of society would benefit from program

Stock photo
Pair’s lawsuit dismissed against Fraser Valley soccer association and churches

Judge in Abbotsford calls claims against 14 defendants ‘an abuse of the court’s process’

Provincial health officer Dr. Bonnie Henry updates the COVID-19 situation, B.C. legislature, Oct. 26, 2020. (B.C. government)
B.C.’s COVID-19 case count jumps by 287, another senior home outbreak

Two more deaths recorded, community outbreak in Okanagan

Prime Minister Justin Trudeau shakes hands with US Vice-President Joe Biden on Parliament Hill in Ottawa on Friday, December 9, 2016. THE CANADIAN PRESS/ Patrick Doyle
A Biden presidency could mean good news for Canadian environment policy: observers

Experts and observers say even a U.S. outside the Paris agreement may ultimately end up in the same place

People take a photo together during the opening night of Christmas Lights Across Canada, in Ottawa, on Wednesday, Dec. 4, 2019. The likelihood that most Canadians will enjoy a holly jolly Christmas season of gatherings, caroling and travel is unlikely, say public health experts who encourage those who revel in holiday traditions to accept more sacrifices ahead. THE CANADIAN PRESS/Justin Tang
Ho, ho, no: Experts advise preparing for a scaled-back COVID holiday season

Many of the holiday season’s highlights have already been scrapped or are unlikely to take place

Sen. Kim Pate is shown in Toronto in an October 15, 2013, file photo. The parliamentary budget office says a proposed law that would give judges discretion on whether to apply a lesser sentence for murder could save the federal government $8.3 million per year. THE CANADIAN PRESS/Colin Perkel
Judicial discretion for mandatory minimum sentences for murder would save $8.3M: PBO

The result would be fewer people in long-term custody at federal correctional institutions, experts say

Commissioner Austin Cullen looks at documents before opening statements at the Cullen Commission of Inquiry into Money Laundering in British Columbia, in Vancouver on February 24, 2020. THE CANADIAN PRESS/Darryl Dyck
RCMP lacked dedicated team to investigate illegal activities at casino, inquiry hears

Hearings for the inquiry are set to continue into next week and the inquiry is expected to wrap up next year

Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

Robert Riley Saunders. (File)
Court approves money for B.C. foster children alleging harm from Kelowna social worker

The maximum combined total award for basic payments and elevated damages for an individual is $250,000

Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

IHIT has been called to a home on Nelson Court in Maple Ridge on Thurs. Oct. 29, 2020 (Neil Corbett/ The News)
Homicide team investigating at Maple Ridge home

Investigators were called to home on Nelson Court

Most Read