He should have just purchased an ad on www.adultcybermart.com
from www.myfoxhouston.com – An Austin fireman who was fired after posting nude photos of himself on the internet filed paperwork Thursday to get his job back. The case involves a “morals clause” that’s also raising questions about a racy calendar featuring Austin fire fighters.
Fire union president Bob Nicks walked into the One Texas Center Thursday to take a stand. He is representing Alejandro Garza. He filed the paperwork to appeal the termination of the former Austin fireman.
“The basis of the appeal is we don’t think the punishment suits the indiscretion,” said Nicks.
Garza was fired October 27th. Chief Rhoda Mae Kerr ruled he violated the morals clause in the civil service rules and also accused him of lying to an investigator.
According to Nicks, Garza admits he posted nude photographs on several adult websites, but says Garza never identified himself as a member of the Austin fire department and he did not lie about it.
“We feel like that puts that act out of the job place and out of the reach of the Chief’s discipline,” said Nicks.
For Nicks the issue of morality is blurred by the acceptance of the Fire Association’s calendar. For the past several years, Austin fire fighters have posed for pictures that may not be X-rated, but to some they may be a little racy.
To win a spot in the calendar, fire fighters take part in a modeling competition. Money from the sales goes to the firefighters outreach fund.
“So where do you draw that line?” as Nicks. He believes the Chief drew her line based on a policy that was written 50 years ago.
“I don’t think that’s applicable today particularly in the environment like Austin,” said Nicks.
When asked about the calendar Austin Mayor Lee Leffingwell called the involvement of city employees, and the use of city equipment, for things that some people may consider to be unacceptable to be “problematic.”
The calendar is said to be endorsed by the Fire Department. That may change. “I think it is worth rethinking,” said the Mayor.