Review Case Study 14-1: Physical Fitness and Wellness Program – Annual Medical Exam, found on page 184 in the textbook. Weimer v. City of Baton Rouge, 915 So.2d 875 (La.App. May 6, 2005).

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The full decision is available at

http://scholar.google.com/scholar_case?case=1814941207931918549&hl=en&as_sdt=2&as_vis=1&oi=scholarr

This case addressed the legality of imposing a health and wellness program on firefighters.

Describe the nature of the health and wellness program in your fire department or another department in your state. Explain the process by which the program was implemented and the union’s part, if any, in that process. Address the aspects of the program requiring voluntary or mandatory participation and, if applicable, disciplinary or non-disciplinary actions resulting from refusal to participate.

Your response should be at least 300 words in length. You are required to use at least your textbook as source material for your response. All sources used, including the textbook, must be referenced; paraphrased and quoted material must have accompanying citations.

Case Study 2: 50 points

Review Case Study 14-3: Physical Ability Testing, Adverse Impact on Female Firefighters, found on page 187 in the textbook. Victoria Pietras v. Board of Fire Commissioners of the Farmingdale Fire District, 180 F.3d 468 (2^nd Cir. 1999).

The full decision is available at

http://openjurist.org/180/f3d/468/pietras–v–board–of–fire–commissioners–of–the–farmingville–fire–district

This case addressed the disparate impact of a physical agility test on female firefighters.

Describe the physical agility testing done by your fire department or a department in your state. Address whether the testing is work related and reflects a “real world” scenario. Also, discuss whether you believe the testing has a disparate impact based upon sex or age.

Your response should be at least 300 words in length. You are required to use at least your textbook as source material for your response. All sources used, including the textbook, must be referenced; paraphrased and quoted material must have accompanying citations.

Please submit your Case Study 1 and 2 responses as one Word document.

Information about accessing the Blackboard Grading Rubric for this assignment is provided below.

Unit VII Case Study

Case Study 1: 50 points

Review Harmon v. Ogden City Corporation, 2007 UT App. 336, Case No 20060434-CA, October 18, 2007.  

The full decision is available at

http://caselaw.findlaw.com/ut–court–of–appeals/1238012.html

Harmon was a captain who was terminated for his involvement in a number of inappropriate, off duty activities during his twenty-one year career.

Discuss what policies your department has in place to prevent and address off duty activities, such as those in Harmon. Describe any training that is conducted or that you believe should be conducted to address the impact of off duty activities on your official position. In your description, identify whether this training covers ethics and conflicts of interest. Also, address whether you believe Harmon’s termination was an appropriate sanction.

Your response should be at least 300 words in length. You are required to use at least your textbook as source material for your response. All sources used, including the textbook, must be referenced; paraphrased and quoted material must have accompanying citations.

Case Study 2: 50 points

Review In the Matter of an Act 111 Interest Arbitration between City of Philadelphia and International Association of Fire Fighters, Local 22, AAA Case No. 14 360 L 00532 09, Issued July 2, 2012.

To view the full decision copy and paste the following web address into a web browser: http://media.philly.com/documents/Local+22+Remand+Award+w+Dissent+and+Concurrence+(July+2).pdf

The International Association of Fire Fighters (IAFF), Local 22, has been pursuing payment of its $200M arbitration award for a number of years. The initial award was reviewed and vacated by the Philadelphia County Court of Common Pleas and then remanded back to the arbitration panel.

Discuss whether you agree or disagree with the panel’s final decision in light of the dire budget issues facing Philadelphia. Should the city’s budget woes be taken into consideration by the panel, and, if so, how much weight would you give to the situation? Describe the dispute resolution provision in your collective bargaining agreement or, if you do not have one, describe the provision for one of your local firefighters’ unions. Discuss whether you believe such a provision is fair and equitable for both parties.

Your response should be at least 300 words in length. You are required to use at least your textbook as source material for your response. All sources used, including the textbook, must be referenced; paraphrased and quoted material must have accompanying citations.

Please submit your Case Study 1 and 2 responses as one Word document.

Information about accessing the Blackboard Grading Rubric for this assignment is provided below.

Unit VIII Case Study

Case Study 1: 50 points

Review Case Study 18-1: EMT Injured by Toxic Fumes – Files Suit Against Chemical Company, found on page 231 in the textbook. Kapherr v. MFG Chemical, Inc., No. A06A0184, December 28, 2005.

The full decision is available at

http://caselaw.findlaw.com/ga–court–of–appeals/1005355.html

In Kapherr, the Georgia Court of Appeals found that the fireman’s rule does apply to emergency medical technicians. Address the argument that Kapherr maintained regarding treating the injured only if the scene had been secured. Do you agree with the court’s reasoning in responding to this defense? Explain why, or why not.

Describe a set of circumstances under which it would not be reasonable to consider that the emergency responder has assumed the risk of the hazardous circumstances at the scene.

Research and determine the status of the fireman’s rule in Georgia. Identify whether there has been any change to the law since Kapherr. Research and determine the status of the Fireman’s rule in your state. If your state is Georgia or Florida, please select a neighboring state. Has the rule been adopted and enacted into law? Have there been any exceptions enacted into law?

Your response should be at least 300 words in length. You are required to use at least your textbook as source material for your response. All sources used, including the textbook, must be referenced; paraphrased and quoted material must have accompanying citations.

Case Study 2: 50 points

Read Espinoza v. Schulenburg, CV-05-0158-PR, Arizona Supreme Court, 2006.

To view the full decision copy and paste the following web address into a web browser:

http://www.myazbar.org/AZAttorney/PDF_Articles/0706appellate.pdf

Espinoza was an off duty firefighter and emergency medical technician who was injured while providing roadside assistance to the Schulenburgs. The trial court granted summary judgment to the Schulenburgs, holding that the firefighter’s rule bars Espinoza’s claim. The court of appeals reversed that decision, holding that the firefighter’s rule should be narrowly construed so as not to bar the claims of off duty firefighters.

To see the full Court of Appeals decision, copy and paste the following web address into a web browser: http://statecasefiles.justia.com/documents/arizona/court-of-appeals-division-one-published/CV040438.pdf

However, the appeals court remanded for determination of whether Espinoza had a duty as part of her job as a firefighter to render assistance, in which case the court would apparently conclude that the rule should apply to bar her suit. On appeal to the Arizona Supreme Court, a more conclusive decision was handed down. That Court made the clear distinction between on-duty and off duty, finding that Espinoza volunteered to render aid and, therefore, the fireman’s rule did not apply.

Discuss how the Arizona Supreme Court distinguished between on-duty and off duty. Do you agree with this distinction? Can you suggest other distinguishing factors that should have been considered? Should the fact that one receives workers’ compensation for the injury enter into the distinction? Describe how your department addresses rendering aid off duty. Is it part of your “duty” as a firefighter, or is it more so an ethical duty? Also, describe how your department addresses off duty injuries incurred as a result of rendering aid.

Your response should be at least 300 words in length. You are required to use at least your textbook as source material for your response. All sources used, including the textbook, must be referenced; paraphrased and quoted material must have accompanying citations.

Please submit your Case Study 1 and 2 responses as one Word document.

Information about accessing the Blackboard Grading Rubric for this assignment is provided below.

APA Guidelines

The application of the APA writing style shall be practical, functional, and appropriate to each academic level, with the primary purpose being the documentation (citation) of sources. CSU requires that students use APA style for certain papers and projects. Students should always carefully read and follow assignment directions and review the associated grading rubric when available. Students can find CSU’s Citation Guide by clicking here. This document includes examples and sample papers and provides information on how to contact the CSU Success Center.

Grading Rubrics

This course utilizes analytic grading rubrics as tools for your professor in assigning grades for all learning activities. Each rubric serves as a guide that communicates the expectations of the learning activity and describes the criteria for each level of achievement. In addition, a rubric is a reference tool that lists evaluation criteria and can help you organize your efforts to meet the requirements of that learning activity. It is imperative for you to familiarize yourself with these rubrics because these are the primary tools your professor uses for assessing learning activities.

Rubric categories include: (1) Assessment (Written Response) and (2) Assignment. However, it is possible that not all of the listed rubric types will be used in a single course (e.g., some courses may not have Assessments).

The Assessment (Written Response) rubric can be found embedded in a link within the directions for each Unit

Assessment. However, these rubrics will only be used when written-response questions appear within the Assessment.

Each Assignment type (e.g., article critique, case study, research paper) will have its own rubric. The Assignment rubrics are built into Blackboard, allowing students to review them prior to beginning the Assignment and again once the

Assignment has been scored. This rubric can be accessed via the Assignment link located within the unit where it is to be submitted. Students may also access the rubric through the course menu by selecting “Tools” and then “My Grades.”

Again, it is vitally important for you to become familiar with these rubrics because their application to your Assessments and Assignments is the method by which your instructor assigns all grades.