From The Eagle Tribune, July 15

HAVERHILL, MA – The president of the firefighters union said the secret videotaping by the city of firefighters who called in sick includes footage of wives and children, including one firefighter's wife who can be seen on tape late at night in an upstairs room, possibly her bedroom.

The woman was videotaped from outside her house by a private investigator hired by Mayor James Fiorentini, firefighters union President Paul Weinburgh said yesterday.

The woman's husband said he believes his wife was videotaped in their bedroom, but he is not positive which room she was in, Weinburgh said.

"It's between 9:30 and 10:30 at night and you can see her walking around a room on the second floor," Weinburgh said. "She's dressed in the video, but who knows what else they saw that's not on the video. I saw her clear enough to recognize her. I was horrified. Imagine if your boss had your wife videotaped in your house late at night."

Fiorentini confirmed Monday that the city spent $13,000 on private investigators to shadow firefighters who had called in sick from their city jobs during two weeks in December. The video surveillance was part of a six-month probe into firefighters abusing sick leave, he said.

It resulted in four firefighters being told they will be suspended for five days in September, pending the outcome of upcoming local civil service hearings at which the firefighters are expected to appeal their suspensions.

Fiorentini said the videos show the firefighters moving furniture, climbing a ladder, and shoveling and plowing snow. One firefighter was filmed at a hockey game and another shopping, the mayor said. Weinburgh said the firefighter "caught" shopping was buying medicine at a pharmacy.

Weinburgh said he viewed the tapes with the firefighters being suspended and fire Chief Richard Borden.

"I thought the men were going to be upset that they weren't given their due process rights, but what they're really angry about is being followed and their families being videotaped," Weinburgh said. "It's an invasion of our privacy."

"We all feel violated, and we're concerned it's still going on," Weinburgh said.

The mayor said he targeted firefighters because they have been calling in sick at a much greater rate than other city workers.

Weinburgh said the surveillance and the suspensions are further attempts by Fiorentini to intimidate and force the union to accept health care concessions and new rules to trim pay.

Fiorentini has declined to identify the firefighters accused of violating sick leave rules, but that he is willing to open the disciplinary hearings to the media and public if the firefighters agree.

Yesterday, the mayor said he has appointed Lynn lawyer Michael Marks to be the hearing officer. City Solicitor William Cox will present the city's case against the firefighters, Fiorentini said.

There will be a separate hearing for each firefighter.

The city used Marks as a hearing officer when former Highway Department foreman Kevin Flaherty appealed his firing by Fiorentini two years ago. Marks also was the hearing officer at several high-profile disciplinary hearings against former Methuen police Chief Joseph Solomon.

In 2008, firefighters called in sick an average of 11.77 times per year, according to information provided by the mayor. By comparison, the average police officer called in sick 3.65 times last year. Both departments have around 100 employees.

In total, the Fire Department used 1,142 sick days in 2008, while the Police Department used 375 days, city records show. The city Highway Department, another large department, used 175 sick days last year, or 7.31 days per employee on average.

Weinburgh said the statistics are misleading because most firefighters work 24-hour shifts. When a firefighter calls in sick, he typically uses three sick days "unless he feels better and goes back to work in the middle of his shift," Weinburgh said.

The mayor said the city conducted surveillance only on those firefighters with a history of excessive or questionable use of sick leave. He said the private investigators followed fewer than a dozen firefighters.

The city also has used private detectives to follow employees in the Police Department, School Department and community development office, the mayor said.

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