ROOKIE FIREFIGHTERS FILE SUIT CLAIMING FORCED RESIGNATION.

Byline: Jason Kandel Staff Writer

Three Los Angeles firefighters have filed a claim against the city, alleging they were forced to resign after being falsely accused of showing up drunk and late on their first day of work.

The City Attorney's Office has denied the claim filed by Brett Mattson, Phillip Sarve and Brian Stien, clearing the way for the trio to file a lawsuit.

Their claim, filed Jan. 25 in Los Angeles Superior Court, alleged they were forced to resign without justification and without the department conducting an investigation, in violation of long-standing policy. They sought $1 million in damages, reinstatement as firefighters with back pay, and attorney's fees.

``How can you order three firefighters to resign because they participated in a long-standing Los Angeles city tradition by attending a graduation party with their instructors and captains?'' said their attorney, Aaron Straussner. ``It is important that the Los Angeles city taxpayers know how their dollars are being spent. This is a gross misappropriation of taxpayer funds and a waste of Los Angeles city resources.''

Fire Chief William Bamattre said the trio was among 30 recruits and commanders who partied at the House of Blues on Oct. 21, 2004, celebrating the end of a grueling 19-week training regimen.

The next day, the firefighters showed up more than two hours past their scheduled 6 a.m. start time, said Bamattre, who refused to elaborate.

But according to the men's claim, they were ordered to give urine samples later in the day to determine whether they were fit for duty. They maintain they were forced to resign on Nov. 2.

Department policy allows supervisors to order a urine sample if they have a ``reasonable suspicion'' that a firefighter is under the influence of alcohol and/or drugs. The department considers a firefighter impaired if his alcohol content is above 0.01 percent.

Firefighters accused of such an offense are subject to termination, according to the policy. Records show that, over the last seven years, 29 firefighters have been given penalties ranging from six days off without pay to termination for alcohol- and drug-related offenses.

Bamattre noted that a captain who oversaw recruits had been at the House of Blues and faces a disciplinary hearing on Tuesday because he failed to control the drinking at the party.

The three firefighters, who are white, also have filed claims against the city for violating the Fair Employment and Housing Act for disparate treatment based on race. They claim that four minority recruits who were also at the party and were late for work were not disciplined.

In a letter written in January to Bamattre and other city officials, Thomas Hoegh, another attorney for the trio, wrote that the firefighters had been dedicated to their jobs, received outstanding reviews, and were committed to becoming members of the LAFD.

Hoegh also wrote that the city had invested as much as $100,000 in each of the three to train and equip them to become firefighters.

``We have witnessed an utter travesty and vicious attack based on innuendo and half-truths against our city's finest,'' Hoegh wrote. ``We cannot let this wrong go uncorrected. Further investigation should occur now and this injustice must be corrected.''

Jason Kandel, [phone]

jason.kandel(at)dailynews.com