Firefighter sues chiefs for defamation

A firefighter has sued the chief and the assistant chief of the Englewood Fire Department, alleging the two made false and defamatory statements that were intended to force him to resign. At the crux of firefighter James Stuckey`s complaint is a videotape depicting a partially nude woman next to and on top of a fire engine belonging to the fire department and parked at the Englewood station at 599 S. Indiana Ave. Stuckey claims Chief Michael Bonakoske demoted him from deputy chief to firefighter in June 2003 because Stuckey had brought the videotape to light. Stuckey is seeking in excess of $15,000 in damages and a jury trial. He filed suit in circuit court in Sarasota County on Oct. 2. Neither Stuckey nor his attorney, Michael Robertson, could be reached to comment for this story. Todd Smayda, the fire department`s attorney, said Stuckey is upset that he was disciplined and chose "to turn to the courts." "A motion to dismiss the entire lawsuit is pending," Smayda said. According to a memo dated Oct. 7, 2002, from Lt. Ray Bauer to Assistant Chief Kirk Gaskell, a man and a woman came to the station about two years earlier and asked Bauer and two other firefighters if the man could film the woman -- she would be partially nude -- on a firetruck. The firefighters said no, but "the man then asked that, since the station was public property, could he do so without our permission," Bauer wrote in the memo. "We continued to inform the man that there could be no permission given, but if he wanted the responsibility that was his choice. The shoot lasted approximately 30 seconds and they left. At no time was the man or the woman friend inside of the station and nothing else happened." In the memo, Bauer also apologized "for the embarrassment that this problem has caused." According to other internal fire department memos, a firefighter who was watching the Playboy channel at his home was surprised to see the Englewood engine and station in a show. The firefighter recorded the show and brought the videotape to work the next day -- Oct. 5, 2002. He showed the tape to other firefighters and to Stuckey, a deputy chief at the time. Stuckey handed the tape over to Gaskell, and Gaskell gave the tape to Bonakoske. Bonakoske launched an investigation, and the three firefighters in the station on the day of the filming were disciplined, Smayda said, for not making sure the couple left the station. The three still work for the district, he said. Stuckey`s complaint states that Bonakoske and Gaskell -- in retaliation against Stuckey for reporting the videotape`s existence -- falsely accused him of failing to perform his duties and, ultimately, wrongly stripped him of his managerial position and the salary that came with it. But the decision to demote Stuckey was based on a series of poor management decisions dating to November 2001, according to memos from Bonakoske to Stuckey that were in Stuckey`s personnel file. In November 2001, Stuckey was removed from a shift commander position and Bonakoske cited incidents where Stuckey showed "poor judgment," including one in which Stuckey had every on-duty firefighter gather at one station for dinner, leaving the south area of the fire district uncovered, according to Bonakoske. In December 2002, Bonakoske launched an investigation into alleged "misconduct" by Stuckey and, in June 2003, Bonakoske demoted Stuckey to a firefighter position, stating in a memo, "You continue to demonstrate an inability to make sound decisions on behalf of the district." Stuckey`s complaint holds that the accusations of misconduct are false and fabricated and that the investigation was conducted to force him to resign. The complaint says he has suffered from lost income, mental anxiety, emotional pain and suffering, humiliation and shame. He has been an employee of the department since 1983.