9 Investigates

9 Investigates: Orange County firefighters reinstated after being fired

ORANGE COUNTY, Fla. — An Orange County firefighter who retired amid an investigation into allegations of workplace violence could have been fired.

9 Investigates' Daralene Jones learned that it would not have been the first time he was terminated from Orange County Fire Rescue, nor the first time a firefighter has been reinstated after allegations of misconduct.

Frank Roca generated a nearly 500-page personnel file during his almost 30 years as an Orange County firefighter and lieutenant.

Roca received high scores on his most recent employee evaluation during what was his second tour with the agency. He was fired in 2008 but was reinstated the next year after he appealed his termination.

Orange County Fire Chief Otto Drozd told 9 Investigates firefighters are often protected under union agreements, which isn't unique to OCFR.

"In a lot of the collective bargaining agreements, they have these grievance processes to really assure everything is being done in a fair and equitable manner," Drozd said.

Roca's recent resignation amid an investigation prompted 9 Investigates to dig into how many firefighters have been reinstated after being fired.

In the last five years, seven firefighters were terminated and reinstated after facing allegations, such as ethical violations, falsifying reports, performance of duty, fraternization, truthfulness, unbecoming conduct and violations related to reporting for duty.

In one case, an arbitrator determined the agency took too long to investigate an allegation, so the employee was reinstated. The same was true for three other firefighters.

A grievance board that comprises the fire chief or a designee, a union representative and a county administrator determines whether an employee's discipline is modified, upheld or removed.

The board's vote doesn't have to be unanimous.

"In most of those cases, you’ll see it was a 2-to-1 vote," Drozd said.

Drozd said that disciplinary guidelines are being restructured to ensure a fair and equitable application of discipline without discrepancy.

The new process should help mitigate situations in which precedent allows employees to avoid discipline or termination, Drozd said.

"We won't see very many or any (cases) that are similar to those that are on your list (of reinstatements)," he said.

Drozd said that all county employees will be subject to the new disciplinary process, which should be enacted by mid-March.

Over the years, the agency has heightened its expectations of employees and has been tougher in how it responds to misconduct, Drozd said.