COUNCIL FLIP-FLOPS ON PAYOFF FIREFIGHTER WON'T GET $2.7 MILLION IN HAZING CASE.

Byline: KERRY CAVANAUGH Staff Writer

Just three weeks after its near-unanimous approval of a $2.7 million settlement, the City Council reversed itself Wednesday and upheld a mayoral veto of the payoff to a black firefighter whose colleagues slipped dog food into his spaghetti as a prank.

The council voted 9-6 to back Mayor Antonio Villaraigosa's veto -- a decision that could lead to Firefighter Tennie Pierce's racial-discrimination lawsuit going to trial or to new settlement talks.

On Nov. 8, the council went along with City Attorney Rocky Delgadillo's advice and agreed to the settlement on an 11-1 vote with only west San Fernando Valley Councilman Dennis Zine opposed. Ten votes were needed to override the veto.

Some council members said they couldn't justify the payment to the former firefighter, especially knowing that Pierce had engaged in hazing incidents himself.

``Most people felt uncomfortable settling the matter because of Mr. Pierce's history,'' said Councilman Greig Smith. ``We were willing as a council to take a chance and prove our point that it was not racially motivated.''

But council members who voted to override the mayor's veto warned that taxpayers could ultimately wind up spending more money to defend the Los Angeles Fire Department, which has a record of allowing hazing, harassment and retaliation.

``The entire Fire Department will go on trial,'' said Councilman Herb Wesson. ``We've already lost this case. I am of the feeling that when it goes to trial in March, it will be (for) no less than $2.7 million. ... It will be more.'' A grim Pierce had no comment. But his attorney, Genie Harrison, told reporters, ``I said I look forward to taking this to trial. That's where we'll go next.''

Villaraigosa said he was pleased with the council's vote.

``The members of the City Council voted their consciences today. Given the magnitude of the proposed settlement, and the new facts which recently came to light, I believe the council made the right decision,'' he said. ``Now all parties can get back to work, carefully consider all of the facts and reach a just and appropriate conclusion.''

The Pierce case turned a spotlight on the hazing and fraternity-house pranks that still exist in firehouses more than a decade after the LAFD adopted a zero-tolerance policy for bad behavior.

While the proposed $2.7 million payout made headlines, the City Council has recently approved spending nearly $1 million to settle three other harassment and retaliation cases involving firefighters.

The Pierce case, however, became a lightning rod for criticism because of the size of the proposed settlement -- it would have been the largest employee payout in LAFD history -- and the charge of racial discrimination leveled by Pierce, the only black firefighter assigned to Station 5.

Some council members and firefighters criticized Pierce for playing ``the race card'' in what they believed was simply a bad practical joke.

But the council's three African-American members -- Wesson, Bernard Parks and Jan Perry -- all supported the settlement.

``I have not had one black person in the city that talked to me about this that doesn't understand the racial connection,'' Parks said, adding that there have been similar cases in recent years that have cost the city anywhere from $1.5 million up to $4.5 million.

There also is a similar case in San Francisco in which a worker ended up with a settlement of $61 million.

Pierce's attorney tried to convince some skeptical council members that the case was not only about racial discrimination, but an indictment of the Fire Department for creating a hostile workplace.

``I feel confident that I will be able to prove that race was involved,'' Harrison said during a council hearing. ``However, a jury does not need to find that race was involved for the city to be in a precarious position at the end of the trial.''

The case was sparked by an incident in 2004, when firefighters at the Westchester station served Pierce a plate of spaghetti for dinner. After a few bites, he noticed his colleagues laughing, so he demanded to know what they'd put in his food. They refused to tell him, but another firefighter later admitted they'd slipped dog food into his meal.

Pierce said the incident was sparked by a volleyball game earlier that day during which he'd bragged, ``You guys keep feeding the Big Dog,'' a nickname for the 6-foot-5 firefighter. Though a prankster himself, Pierce felt the joke was offensive and humiliating and took on a particularly malicious character because he is African-American and his colleagues are not, according to his lawsuit.

Depositions taken from Fire Department personnel show that Pierce's supervisors helped plan the trick, then tried to cover up their involvement. They also show that the department failed to act on Pierce's complaints that his colleagues continued to harass him by calling him ``Dog Food Boy'' and barking at him.

Another deposition includes testimony from a black battalion chief who said his report about the incident was rewritten without his knowledge. The captains were suspended for a month for their involvement in the trick.

In initially voting for the $2.7 million settlement, some council members said they'd followed the city attorney's recommendation to settle because of the potential liability in the case. Zine, a retired police sergeant, cast the lone opposing vote, saying the dog food incident wasn't worth $2.7 million.

But the council's approval was lambasted by talk-radio hosts and others. The furor grew after photos surfaced showing Pierce himself engaging in hazing and horseplay, dumping water and smearing mustard over restrained colleagues. He said the activities were consensual, a firehouse tradition to celebrate a promotion or retirement.

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How they voted

Here's how the City Council voted on a motion to pay a $2.7 million settlement to former Firefighter Tennie Pierce. Ten votes were needed to override Mayor Antonio Villaraigosa's veto of the deal.

Yes: Janice Hahn, Tom LaBonge, Bernard Parks, Herb Wesson, Eric Garcetti and Jan Perry.

No: Ed Reyes, Wendy Greuel, Dennis Zine, Bill Rosendahl, Jack Weiss, Tony Cardenas, Alex Padilla, Greig Smith, Jose Huizar.

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How they voted (see text)