The Austin firefighters’ union will appeal a decision announced Thursday by the Fire Civil Service Commission to dismiss fire fighter Dana Miller.

Friday, August 04, 2000

The Austin firefighters’ union will appeal a decision announced Thursday by the Fire Civil Service Commission to dismiss fire fighter Dana Miller.

"There will be an appeal to the dismissal through union channels, based on excessive punishment," local union official Paul Behn said Thursday afternoon.

The veteran fire fighter had been accused and found guilty of altering information on his Emergency Medical Technician certificate in order to gain a higher rate of pay. Miller admitted falsifying the document in a hearing before the commission two weeks ago. The city of Austin asked for his dismissal, but the decision ultimately was the Fire Civil Service Commission’s.

Miller, who had been suspended without pay since June 8, was charged with violating seven of the city’s work rules: engaging in dishonest conduct in the performance of his duty; intentionally falsifying documents that are part of his personnel file; providing false and misleading information, falsifying and forging an EMT certificate; illegally obtaining public funds through fraud and misrepresentation and providing false and misleading information on an application form (to the Austin Police Department).

Miller, for his deception, gained approximately $650 in extra pay over the past three years. However, it was the position of Fire Chief Dan Wilson, the city, and finally the Commission, that the greater crime was one of betraying the public’s trust.

Commission members Kenneth Howe, Steve Booher and chairman James Cavanaugh took two weeks coming to a decision they called a difficult one, particularly because of Miller’s length of service to the department, but in the end wrote in the Decision and Order that "the seriousness of Miller’s actions far outweighed his length of service."

Miller had been with the department 24 years.

"The hallmark of all fire fighters, as with law enforcement, is public trust," the Commission wrote. "We trust them ultimately with our lives. Fire Fighter Miller breached this trust."

The fact that Miller had lied about his EMT certification on more than one occasion would appear to be the factor that sealed the decision by the Commission.

"Perhaps the most troubling aspect of this incident," the report reads, "is Fire Fighter Miller’s display of practiced deceit. Given multiple opportunities to correct the record, Mr. Miller only admitted his actions when he realized the evidence before him was irrefutable."

"It’s unfortunate," council fire committee chairman Neil Fedson said after hearing of the decision. "I hate to see anyone lose a job, but he broke a law and falsified some records and he’s paying for it."

Miller didn’t return calls from the Herald.