Arguing there are no triable issues, the city of West Covina is seeking dismissal of a former Fire Department captain’s lawsuit that alleges he was forced to resign in 2022 in the face of possibly losing his retirement medical benefits for complaining that the fire chief was not following coronavirus safety measures.
Curtis McCart’s Los Angeles Superior Court lawsuit allegations include disability and age discrimination as well as retaliation. He seeks reinstatement along with unspecified compensatory damages.
But in court papers filed Thursday with Judge Peter A. Hernandez, attorneys for the city dispute McCart’s allegations, saying the plaintiff was placed on paid administrative leave for legitimate reasons because of worrisome statements he made to colleagues. The same lawyers also say the plaintiff did not file a grievance or complaint about alleged COVID-19 regulation violations during his employment.
McCart also was unable to state any specific coronavirus regulation violated by Fire Chief Vincent Capelle or others, the West Covina lawyers further maintain in their pleadings.
McCart was put on paid administrative leave in July 2022, in part for allegedly stating in a conversation with colleagues that he blamed a deadly shooting at a Los Angeles County fire station on management there and also for making remarks about “hitting, punching and/or laying out” Capelle or others, according to the city’s attorneys court papers, which further state that McCart denied making the statements.
McCart, now 58, worked with the WCFD for more than 32 years and prior to his alleged forced retirement was the city’s most senior fire captain. Starting in March 2020 and continuing through 2022, McCart complained that Capelle refused to wear coronavirus masks and socially distance when indoors, the suit brought in June 2023 states.
“Fire Chief Capelle led by example in breaking COVID-19 safety regulations,” according to the suit, which further alleges that in doing so, Capelle “created a culture at the department that permitted employees to openly flout without consequence COVID-19 safety regulations.”
McCart also spoke out about other workplace issues, including what he believed to be the mistreatment of homeless persons by department members, the suit states.
In early 2022, Capelle asked McCart if he had retirement plans, to which the plaintiff replied that he would consider that issue in the future, according to the suit. But in May of that year, Capelle sent McCart a memo stating that if the plaintiff did not retire, Capelle would transfer him to a busier and less desirable post despite the tradition of allowing employees with the most seniority to choose their assignments, the suit states.
McCart subsequently relayed his concerns about coronavirus safety protocol to his supervisor, Assistant Fire Chief Jim Rudroff, as well as City Councilman Tony Wu and City Manager David Carmany, according to the complaint.
In July 2022, the city notified McCart of a job relocation and shift change that put him in a much busier station that had more calls and required him to work on most holidays, the suit states. In their court papers, city attorneys state that McCart’s services were needed at the other station and had noting to do with his age.
McCart complained to his superiors and co-workers that Capelle allegedly was trying to force him to retire and renewed his concerns about the coronavirus safety protocol, the suit states.
The city notified the plaintiff in September 2022 of its intent to terminate him “based on McCart’s complaints and reports of noncompliance with regulations and unlawful conduct,” according to the suit, which further states that officials told McCart that if he did not resign, he would lose his retiree medical benefits, forcing the plaintiff to decide to retire the next month.