FIREFIGHTER PAYOUT UP FOR VOTE TODAY 10 COUNCIL MEMBERS MUST OVERRIDE MAYOR'S VETO.

Byline: KERRY CAVANAUGH Staff Writer

Saying they wanted all 15 members present for the controversial decision, the City Council on Tuesday postponed a vote on a $2.7 million settlement of a black firefighter's racial discrimination lawsuit filed after colleagues slipped dog food into his spaghetti.

The council, due to reconsider the case today, needs 10 votes to override Mayor Antonio Villaraigosa's veto of the settlement and to pay $2.7 million to Firefighter Tennie Pierce.

The case turns on whether the 19-year veteran, a well-known jokester himself, was served dog food as a typical firehouse prank or as a trick to humble the only black firefighter assigned to the shift.

Pierce stood before City Council members Tuesday morning to defend his name and, tearfully, explain his case.

``My mother worked three jobs to get me where I was. At no time did my mother ever feed us dog food,'' Pierce told the council. ``I took great offense when nine white members sat in the kitchen and watched me eat it. Not one word was stated. Guys were laughing and it hurt me very much.''

Pierce reported the incident to the department and asked for an investigation, psychological help and punishment for his colleagues and supervisors who bought and served him the dog food. But, he said, the department did not bring in advocates to investigate and he was eventually sent back to work at Fire Station 5 over his objections.

Later, the department conducted an investigation -- after which firefighters and supervisors were suspended without pay -- but covered up a report that said the incident was racially motivated, said Pierce's attorney Genie Harrison.

As for photos of Pierce smearing mustard and dumping water on restrained colleagues, he said those activities were consensual, a fire house tradition to celebrate a promotion or retirement.

``Those things were done in love for guys who were promoted. After it was over, everyone would hug the person. Everyone would stand up and take pictures with him and wish him well in life,'' Pierce said. ``What they did to me at Fire Station 5, it was wrong because it was something I didn't know.''

On Nov 8, the City Council voted 11 to 1 to pay $2.7 million to settle the Pierce case, but the decision prompted a public outcry, especially after photos surfaced of Pierce participating in pranks. Villaraigosa vetoed the decision and asked the council to reconsider the payout in light of the Pierce hazing photos.

Yet on Tuesday, the panel appeared split on the motives of Pierce's colleagues and whether the $2.7 million settlement makes sense for the city.

``Mr. Pierce, you brought tears to my eyes,'' said Councilman Bernard Parks, who has said he supports the settlement.

``It's not what the intent of firefighters was, it was how it was received, like any other racism,'' Parks said. ``You may not choose to be racist. You may not want to be racist. It's how it's perceived that was important to understand.''

Responding to public criticism that the lawsuit is frivolous, Councilwoman Jan Perry said she could empathize with Pierce's experience.

``We can't decide what to do with a person's life based on what a talk show says,'' said Perry, referring to the ``John and Ken Show'' on KFI-AM (640) that led an effort to get the settlement overturned.

``It's not bogus. This man has feelings. We can not allow a hostile work environment to exist. That is a responsibility we have as elected officials.''

But Councilman Dennis Zine, a former Los Angeles Police sergeant, said pranks are common in the police and fire departments.

``How does this equate to racism? If it was me, as a Middle Eastern, would that be racism?'' said Zine, who is Lebanese.

``For me, I have not seen this as a racial situation. I see this as a bad joke.''

kerry.cavanaugh(at)dailynews.com

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