Milford Firefighter Terminated By Fire Commission

MILFORD, CT — Raul Benavides-Espinal was fired from his job as a firefighter for the city of Milford on Tuesday night, reports the Milford Mirror. The vote was unanimous.

He had been absent from work for the past nine months and he has claimed to suffer from PTSD. Officials say he never responded to requests for documents and they say he essentially abandoned his position, the Mirror reports.

Benavides-Espinal was hired in 2012. He had been getting paid through sick time over the past nine months. He said he suffered PTSD after serving in the U.S. Navy.

After the meeting, Benavides-Espinal told the Milford Mirror that he wants to be a firefighter again and is uncertain whether he will appeal the commission's vote.

>>>Read More at the Milford Mirror.

More details on what led to the firing via Milford Board of Fire Commissioners meeting minutes via its July 16 meeting:

Attorney Daniel Hunsberger, legal counsel for Firefighter Raul Benavides-Espinal indicated to the Chairman that his client waived his right to have this matter heard in Executive Session and requested the matter be heard in public session.

Chairman McGrath acknowledged Firefighter Raul Benavides-Espinal right to waive a hearing in Executive Session and announced to the members of the public that left the room that the meeting would continue to be open to the public.

Asst. City Attorney Debra Kelly and Chief Edo provided testimony to the Commission recommending the termination of Firefighter Raul Benavides-Espinal due to abuse of sick leave noting that Firefighter Raul Benavides-Espinal became a City Firefighter in 2012.
Since that time, it was alleged that he has abused department sick leave.

It was noted that Firefighter Raul Benavides-Espinal used 60 sick days in his first few years with the department and thereinafter on August 2, 2018, he stopped working altogether claiming he was sick.

He was notified on at least 3 occasions by the City HR director that he needed to file an FMLA Application and his failure to do so would be considered an effective abandonment of his position with the Milford Fire Department.

Firefighter Raul Benavides-Espinal failed to acknowledge the notices from the City HR office and his pay was terminated. City Human Resource Director Tania Barnes and Battalion Chief Anthony Fabrizi provided additional information or answered questions directed to them by Attorney Kelly or by members of the Commission pertaining to this matter.

Attorney Daniel Hunsberger and Firefighter Raul Benavides-Espinal provided testimony to the Commission that Firefighter Raul Benavides-Espinal suffers from non-job related PTSD
that makes him unable to work as a Firefighter at this time.

It was their position that past practice provides that the department maintain Firefighter Raul Benavides-Espinal on sick leave indefinitely allowing him more time to seek treatment. Attorney Hunsberger indicated that Firefighter Raul Benavides-Espinal PTSD was exacerbated by Department personnel who called the Police to check on Firefighter Raul Benavides-Espinal after he made statements to departmental personal that he has thought about suicide and hurting himself.

Attorney Hunsberger requested that the Board not terminate the employment of Firefighter Raul Benavides-Espinal as a member of the City of Milford Fire Department.

a) Grievance – Firefighter Raul Benavides-Espinal (Pay)

Commissioner Stein indicated to the Chairman and Chief Edo that the Commissioners did not receive a copy of the Grievance with their meeting packets. The Chief indicated that he would have copies made immediately.

Asst City Attorney Debra Kelly recommended to Commissioners that they deny the Grievance based on the fact that it was not filed timely pursuant to the CBA and further based upon the merits of testimony provided to the Commission pursuant to the recommendation for termination of Firefighter Raul Benavides-Espinal.

Attorney Hunsberger indicated that Grievance was timely filed pursuant to the CBA because it was a series of on-going continuous events. Further, he reiterated his position that Firefighter Raul Benavides-Espinal did not abandon his position with the Milford Fire Department and the City should not have precluded him from his wages. Attorney Hunsberger thanked the Commissioners for their time and consideration.

Commissioner Stein noted that he now had a copy of the grievance and noted that it did not have a Grievance Identification Number associated with it. Chief Edo indicated that this grievance did not come from the Union but was filed by Firefighter Raul Benavides-Espinal directly.

It is the Union that normally attaches an identification number to the grievances it files. Commissioner Stein asked what number grievance the Department was up to in this calendar year for the purpose of being able to identify and track this grievance. It was agreed that this was the first department grievance of 2019. Commissioner Stein requested that for our identification and tracking purposes, he would like to identify this Grievance as 19-001.