Nabity Sued by Fire Union Chief

By Joe Jordan on November 2, 2010
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The Omaha Fire Union is firing back.

Fire Union President Steve LeClair is suing Dave Nabity, the head of the Omaha Alliance for the Private Sector, for defamation of character.

According to Union attorney John Corrigan the lawsuit stems from comments made by Nabity during a recent interview on KFAB radio. Corrigan says in that interview Nabity said LeClair was guilty of a crime, theft by deception.

Nabity has complained that members of the Fire Union were paid by the City for work they never did. During an interview on KFAB late Tuesday afternoon Nabity said he’s not surprised by the lawsuit. “These people are used to bullying people to get what they want,” said Nabity.

Corrigan announced the lawsuit at Tuesday’s City Council meeting during a discussion of Nebraska State Auditor Mike Foley’s recent examination of fire departments payroll records and bookkeeping procedures. Foley’s probe ended in a stalemate with Foley refusing to guarantee that Omaha firefighters and their bosses have been showing up for work. But because Foley found the fire department records ”inadequate and unreliable” Foley said he was unable to determine any wrongdoing.

Omaha Fire Chief Mike McDonnell has defended his department. McDonnell adamantly told Nebraska Watchdog “people show up on their shifts.” Mayor Jim Suttle has also downplayed any possible wrongdoing. “It’s a process problem, not a people problem,” said the Mayor. Finance Director Pam Spaccarotella added, “It doesn’t mean there’s any fraud.”

Corrigan tells Nebraska Watchdog the lawsuit calls for “unspecified damages.” Nabity says he welcomes the lawsuit.

Reported by Joe Jordan, joe@nebraskawatchdog.org

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32 Comments For This Post So Far

  1. John
    5:14 pm on November 2nd, 2010

    If Nabity ran for mayor, and I lived in the city, I’d vote for him.

  2. Rick Holland
    8:27 pm on November 2nd, 2010

    One would think that this fire union would lay low with all the heat on them but apparently their new motto is “a good defense is a good offense.” This union was the most powerfull in Omaha just a few years ago with everybody wanting to be part of the PAC fund. But now, the hose handlers are showing everyone what really are: fat, greedy, union people who are out to fleece the public.

  3. bw1
    9:45 pm on November 2nd, 2010

    Stteve Leclair’s a punk — sue me punk.

  4. Cass County
    10:36 pm on November 2nd, 2010

    And the Fire Union thinks this helps them how?????

  5. PBL
    11:03 pm on November 2nd, 2010

    The Fire Union can’t be serious! There is going to be more bad management brought out and bad pracitces. They’ll look like bigger tools than they already are and they are putting another nail in Suttle’s coffin.

  6. miketobin
    4:59 am on November 3rd, 2010

    This is terrible! Stop just reading the news. Help solving the crimes by studying criminal justice at http://bit.ly/ctecjq

  7. GeosUser
    7:16 am on November 3rd, 2010

    Anybody can file a lawsuit against anybody. Remember Ernie Chambers filing a lawsuit against God? What surprises me is that fire union members are going to let their dues be wasted by paying a legal team to defend what should, at best, be a personal matter for Steve LeClair. I’m left wondering how someone without character can be defamed???

  8. Jerry
    7:39 am on November 3rd, 2010

    Let them have their day in court. It will bring some things out in the open. We can finally see if Nabity is has some bite to go with his bark.

  9. Jerry
    7:43 am on November 3rd, 2010

    Also………….I’d like to know when the other city departments are going to be audited? Why isn’t Nabity looking into that? I know a few people that work in the streets dept. and say it’s probably worse than the FD!

  10. don
    8:20 am on November 3rd, 2010

    I”m not a lawyer, and I can prove it, but doesn’t a law suit open the union to a “discovery” phase where they can be required to answer questions under oath? I’m not certain that this is something they anticipated. I believe that Mr. Nabity and his group have set a trap and the union took the bait.

  11. Jerry
    9:08 am on November 3rd, 2010

    Don,
    I wouldn’t think they’d fall for something like that. You’d have to be a really bad lawyer to let you client fall into something like that.

  12. Jackson
    9:57 am on November 3rd, 2010

    Members of The Omaha Fire Union are totally out of control. Talk about a bunch of self serving jerks. They fight like hell for more equipment & head count; yet they don’t have a basic trust worthy timekeeping system…..how very convenient!
    This past January a City Council Member was given police protection to insure her safety from these taxpayer paid thugs. OFD employees don’t deserve their “self assigned” hero designation. The only people who respect them are first family members and their fellow union bros.
    OFD employees are generally under educated, over paid & under worked. They excel at working “the system” & self promotion! Either privatize the OFD or have OFD’s pension program modified to a 401K. Nabity is the real HERO!!

  13. leslie
    10:03 am on November 3rd, 2010

    I second Don. I’m wondering what work the fire department was paid to do, but didn’t. Bait set and fire department trapped.

  14. Jazzee
    10:41 am on November 3rd, 2010

    And here is another funny part about this: HOW can the fire union prove anything when the state auditor said ‘there are no documents to do an audit.” SO suddenly they have documents to sue Nabity??? Go for it firefighters because all that comes out will be very very ugly and show exactly what has been going on for years. How ‘unprofessional’ of you to have your silly attorney announce the lawsuit at the council meeting. You tell us you are ‘professionals’ so you should have had the courtesy to not say anything so unprofessional until Nabity had been notified. You guys have opened the big fat can of worms….can’t wait!

  15. Jackson
    10:48 am on November 3rd, 2010

    BTW….the people that OFD selects a their “Leader” is a direct reflection on the Membership as a whole. Their previous Leader was fired for his little prostitution problem in Council Bluffs. Of course, he hired an Attourney…..AND LOST!

  16. Rick Holland
    11:52 am on November 3rd, 2010

    You gotta remember folks, that the firm representing the Fire Dept. is very liberal and pro democrat. They are kind of like the old pitbulls from the Howell and Munnley Days. Plus, the fire union officers do not have a clue of what they are doing, so it is kind of like leading sheep to a cliff, with these officers leading the rank and file. So sad, but they still use the words HERO when referring to themselves.

  17. Jerry
    4:18 pm on November 3rd, 2010

    If Nabity was calling you a thief on the radio you’d be suing too!

  18. Bob Smith
    5:23 pm on November 3rd, 2010

    Does everbody know that the Local 385 Union President Steve LeClair is a decoreated war hero. He has served his country in the First Gulf War and in Iraq the last time he was deployed. Steve does not have a giant ego like Darren did (that is what got Darren in trouble). The member that was supposedly given OPD protection at the taxpayers expense was given every oppurtunity to formalize her complaint, she did not becuase she could not. Please learn the facts.

  19. BkDodge42
    5:37 pm on November 3rd, 2010

    Don, you’re right. LeClair just gave Dave Nabity subpoena power to have the Fire Union produce all documents they have or don’t have and also would allow them to have firefighters give dispositions under oath and could open them up to purjury charges if they don’t testify correctly.
    I wouldn’t want attorney John Corrigan advise me on legal matters.

  20. Joe
    6:57 pm on November 3rd, 2010

    Does no one research the facts anymore? This is a lawsuit filed by a private citizen (Steve Leclaire) vs a private citizen (Dave Nabity) and his group (OAPS). This has NOTHING to do with local 385 members! Not only that, but the entire audit has NOTHING to do with local 385 members! The audit revealed that the city and fire management had poor time-clock record keeping. Please stop confusing this mis-management with the rank and file firefighters that show up for work daily and do their job.

  21. GeosUser
    9:38 am on November 4th, 2010

    Joe,
    If LeClair is paying his legal representation himself, then I’d be shocked. It’s better than even money that the local union funds are being used.

  22. Jackson
    9:52 am on November 4th, 2010

    Absolutely no doubt that Union generated funds are to be used in settling this legal issue. Likewise, there are countless taxpayers who would be willing to write a check in support of Dave Nabity’s defense.
    I can’t wait to hear OFD Leadership testifing under oath.

  23. Dakota
    5:40 pm on November 4th, 2010

    Records not kept than can be audited are right there a crime. The details are what are left to be uncovered. The fact that LeClair does nothing but try to misdirect attention from this issue to the firefighters putting tangible fires out. This is “an intangible” fire that will not go out until it is thoroughly investigated. The illustrious Mayor is keeping quiet to down play this as much as possible probably because he’s got something he also doesn’t want investigated, otherwise he’d fire this negligent individual.

  24. Top Dog
    6:40 pm on November 4th, 2010

    I live in the city and wouldn’t vote for NAGITY.

  25. D Mark
    3:11 pm on November 5th, 2010

    Let us not forget that the Fire Chief was once the Fire Union President.
    Does that make anyone else wonder?

  26. Bosco
    2:47 am on November 7th, 2010

    Joe is absolutely right here. Dave Nabity let his mouth get him in trouble this time around. The head of the fire union is going to have nothing to do with policy and book keeping, yet Nabity accused him of committing a crime with that process. He can subpoena and deposition the union members until the cows come home, but unless he can prove that LeClair was in fact committing fraud then he’s likely to lose his case.

  27. JG
    10:21 am on November 7th, 2010

    Joe,
    if this truly is a “private citizen” suing another, then why is Union Rep Corrigan involved?

    The above article reads, “According to Union attorney John Corrigan the lawsuit stems from comments made by Nabity…”. Then goes on to say, “Corrigan announced the lawsuit at Tuesday’s City Council.”

    One of two things… either this is a union thing, or the union is being mis-represented by an attorney who is working on a “private citizen’s” case.

    But I do agree with you that 99.9% of the hard working fire fighters are stand-up individuals who deserve better.

  28. Jazzee
    1:39 pm on November 7th, 2010

    It’s not rational that the fire department/union has no records for an audit. I wish they would stop treating us like children and realize we have brains and their excuses don’t add up to pretty much anyone in 4th grade.

  29. Bosco
    10:05 pm on November 7th, 2010

    JG, why is it hard to understand? Discounted or free legal representation is one of the benefits of membership in just about any union. Corrigan is obviously part of the union’s legal team and since LeClair undoubtedly knows him and the fact that Corrigan is familiar with fire department matters, it’s pretty easy to see why LeClair picked him to be his lawyer.

  30. Veteran
    6:25 am on November 8th, 2010

    The Fire Fighters Union members should be asking who is paying for this suit. Guess where your dues are going guys.

  31. Taxpayer
    1:30 pm on November 8th, 2010

    How many people in professional administrative management positions clock in and out? This is what we are talking about. It is called Exception Reporting. You work your normal work schedule and only report the exceptions to it (vacation, sick time, etc.). Of course it is hard to _prove_ you worked your shift when you are only required to report when you are not there.

  32. Bosco
    8:37 pm on November 8th, 2010

    Veteran, they know EXACTLY who is paying for it. Whatever part of it isn’t covered through the union dues will be paid by LeClair. This isn’t rocket science here.

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