Windsor fire captain fired over brawl sues
Chief's stepson discharged after fight with colleague in limo; arbitrator wanted reinstatement
Last Modified: Saturday, July 26, 2008 at 6:25 a.m.
A Windsor fire captain who got into a fight with a fellow captain following an awards banquet and night of drinking has filed a lawsuit claiming he was wrongfully discharged over the incident.
Troy Collier, 42, was fired last year as a result of the fight that broke out in a packed limousine after he put his arm around the wife of Capt. Ron Busch.
He is seeking unspecified actual damages and punitive damages.
The Feb. 24, 2007, altercation began in the limousine carrying the firefighters and their wives or girlfriends, then spilled out into a bank parking lot.
Collier, described as the "estranged" stepson of Windsor Fire Chief Ron Collier, claims in a federal court lawsuit that there was no evidence he was the aggressor, yet he lost his $104,000 job (including overtime) while his colleague was believed to be "lightly disciplined."
The lawsuit names as defendants Chief Collier, the Windsor Fire Protection District Board of Directors and the two battalion chiefs who oversaw the investigation that resulted in Troy Collier's dismissal.
An arbitrator in April ruled in Collier's favor after a two-day hearing, advising he be reinstated with back pay or be given a financial settlement. The ruling was not binding, however, and Collier has not been reinstated.
The lawsuit, which was filed June 30, includes copies of separate reports from Windsor police and a fire district investigator. It details a scene inside a limo with "upwards of 15 drunk revelers" en route from the restaurant at the Windsor Golf Club, where the awards banquet was held, to a downtown pub to continue the festivities.
The occupants helped themselves to more drinks from the limo bar but stopped the car several times when at least two men became ill and had to vomit, according to the lawsuit.
Inside the limousine, it was dark and loud, with music playing and people laughing and drinking. But that all changed when Troy Collier, who was sitting next to Busch's wife, Donna, touched her and a fight broke out.
The lawsuit acknowledged Collier had his arm around the woman's shoulder to make more room for the people squeezed into the rear seat of the vehicle.
But Donna Busch told the fire district's hired investigator that two or three times, Collier moved his hand to her breast and was "groping" or "fondling" her, according to the investigator's report, which is included in the lawsuit.
She signaled to her husband for help, saying something similar to "get him off of me," but said she did it in more of a joking way, because she didn't want to make a scene.
Troy Collier's wife was also in the limousine.
Ron Busch said he told Collier, "Look you can't keep doing this," but Collier became verbally aggressive, they exchanged words, and it became a physical confrontation, according to the report.
Troy Collier, for his part, told the investigator he did nothing inappropriate and did not do anything to offend Busch's wife.
The next thing he knew, he said, Ron Busch had pulled him down, had his fingers in his nostrils and was trying to gouge his eyes.
Busch admitted biting the tip of Collier's finger after the other man stuck it in his face.
As a result of the commotion, the limousine stopped in a bank parking lot and everyone piled out. The two men continued wrestling in the limo, according to witnesses, before the fight moved outside.
Busch said that Collier punched him in the mouth before someone tackled Collier.
Collier said that, after getting out of the limousine, Busch spat in his face several times. According to Collier, the next thing he knew, he was on the ground, but he does not know exactly what happened between then and the last time Busch spat at him.
But several witnesses described Collier as advancing toward Busch and throwing punches as Busch backed away.
A Windsor Police officer came upon the scene right around that time and interviewed Collier before the limo drove off with Busch and his wife inside.
The officer, who went to Busch's home to interview him, noted that both men were intoxicated.
No charges resulted from the police investigation.
But the district decided Collier should be fired based on "inappropriate physical contact" with Busch's wife and the escalation of the conflict outside the limousine.
Troy Collier claims he was not given a full opportunity to respond to the reasons provided for his termination, including "past performance problems relating to people skills."
Troy Collier and his father, the chief, were singled out in a lawsuit filed in 1998 by a fire district secretary, who claimed she was the victim of sexual harassment and a hostile work environment. The fire district denied wrongdoing, but its insurance carrier settled the case for $550,000.
Troy Collier's current lawsuit alleges district officials were biased against him because of his past union activities, representing firefighters in "bitter" contract negotiations.
District officials said Troy Collier was found to have violated a number of rules and guidelines the night of the limo incident, including acting violently and in a threatening manner while engaging in a "district-related" activity.
But Collier argues the events of that night were not district-related because attendance was not mandatory, nor paid. The arbitrator agreed the limousine ride and socializing after the awards dinner did not constitute district-related activity.
An attorney for the fire district did not return phone calls this week from a reporter seeking comment on the lawsuit.
You can reach Staff Writer Clark Mason at 521-5214 or clark.mason@pressdemocrat
.com.
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Comments
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July 26, 2008 7:09:46 am
RE: http://www.pressdemocrat.com/article/20080726/NEWS/807260315 The City of Windsor will lose this one . This is going to cost the City a lot of money , throw in the towel and save the tax payers . got to move on from the one..........
July 26, 2008 8:14:27 am
These are your dedicated public servants, drunk, puking, fighting and suing. Their mothers must be proud.
July 26, 2008 8:29:04 am
Just because he got drunk and did something stupid, real or imagined, firing him was over-kill.A week's pay or a short suspension would have been sufficient!
I think he ought to win the law suit, and/or get his job back!
July 26, 2008 8:45:32 am
I agree - Windsor should move on and float another parcel tax to keep the fire department afloat.
July 26, 2008 9:14:27 am
And the award for the most embarrassing drunk, puking, fighting and suing Norther California Fire Department goes to... Yes, lets vote on another bond measure to support these vital services. Were these clowns on the time clock since it was an awards dinner? If so, they should all be canned. Time to shake the tree and watch the rotten fruit fall. Wasn't it just a few years ago these guys were watching porno at the firehouse and got sued?
July 26, 2008 9:37:59 am
Why didn't the police arrest them at the time? Seems like it was assault and battery, drunk in public, and many other things! They certainly would have arrested civilians if they were doing it. Let's hold the Police accountable too. Double standard jerks.
July 26, 2008 10:32:38 am
He put the moves on the other guy's wife, and caused the fight. He should have been suspended and demoted, not fired though.
July 26, 2008 10:46:05 am
What a bunch of classy guys and gals. And these are the same ones that are always asking for more money and a raise in taxes or some bond to support their lousy, classless behaviour. Respect for professions that once held honor, (ie. police and fire), is sure dwindling these days.
July 26, 2008 11:09:39 am
Ron Busch is a stand up guy. He is dedicated to his job, he is an outstanding citz, he is a dedicated public servant, and a wonderful husband and father. I know both these men and for those of you who would like to comment on this story negatively maybe you should know who these guys are. I gaurentee Ron wanted nothing more than for the other man to get his hand off of his wife. Why doesn't Collier touch his own wife. Its really to bad that it has come to this.... But really what man would let someone else touch their wife in a disrespectful way? A boy... A man has respect for his wife and protects her
July 26, 2008 11:09:24 am
I agree with most everyone else on this. The City of Windsor is gonna lose badly in this situation. The behavior of all of these public servants is totally unacceptable in my opinion. If they were at a work related function as the Windsor FD says, then EVERY single employee in that limo should have been fired for getting drunk while on duty. You can't have it both ways. This is the point that Collier will win his case on. The part about this that scares me-how many of these men or women went to work the next day still drunk and hung over? Way to protect and serve!!!
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