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Profanity Laced Lawsuit Filed by Downey Fire Union Targets Mayor, Council, Chief

Image of Downey Firefighters Facebook page stressing "Downey Firefighters Support Democratic Party" on Measure B.

Image of Downey Firefighters Facebook page stressing “Downey Firefighters Support Democratic Party” on Measure B.

By Tammye McDuff

The continuing battle between Downey City officials and members of a labor union representing Downey Fire Fighters has reached a new boiling point when details of a new profanity-laced lawsuit was brought into the public eye for the first time.

The suit was filed in United States Central District Court by the law firm of Brown, White and Newhouse on August 1. In the filing, a jury trial has been requested.
At the regular Downey City Council meeting August 12, councilmembers confirmed they had received notice of the lawsuit filed by the Downey Firemen’s Association. Fourteen DFA members claim they have been “targets” and are “alleging retaliation” took place against them by city officials.
The lawsuit comes on the heels of City voters’ rejection in June of an Association proposed charter amendment that sought to eliminate the voters’ right to approve the contracting out of public safety services.
The lawsuit also states that officials on both sides engaged in several profanity laced conversations, with “F-Bombs” being repeatedly mentioned.
Downey Councilmember Mario A. Guerra blasted the lawsuit in an interview with HMG-CN.
“This is another attempt to mislead and deceive Downey residents in what has become another abuse of the legal system. I was appalled to read the false statements against me, our council and the attempt to slander my name and character,” Guerra said.
“I look forward to Downey moving past this distraction and continuing on with our positive growth,” Guerra said.
Guerra also pointed to the results of a June Primary Election when 83% of the voters supported, in his words, “to keep the voice in the city and keep the voice of what we want as a Police and Fire in the city.”
“The City Council has continued to reach out to put the ‘toothpaste back in the tube’ for the Downey Firemen’s Association, stretch forth an olive branch and agree to what is best for Downey residents. The DFA has continued to reject any solution that the Council has suggested,” Guerra continued.
Guerra, who was Mayor this past year, stated that he believes this to be politically motivated.
“Many of these items are things that just didn’t happen. I want to go on record on some of these things” Guerra then proceeds to mention all the individuals that are suing the city of Downey stating ‘these are disturbing allegations.”
Statements in the lawsuit say that salary raises were being withheld, and the City Council not only was being unethical but illegal in conducting business with then Fire Chief Lonnie Croom.
Guerra says there are allegations made against the Council and Staff in the lawsuit, but many refer to him specifically.
One portion of the lawsuit states that City Manager Livas went to the Fire union and told them to ‘take Mario Guerra out’ because Livas had been refused a raise, and to look for anything illegal Guerra had done and subpoena his records.
According to Guerra the lawsuit states that the Downey Firemen’s Association “supports Mayor-Pro Tem Luis Marquez for Downey District 1” and, “Marquez and City Manager Livas went to the union three times to ‘take Guerra out.”
“The Firemen’s Association continues to use the litigation process to politicize its disagreement with former Chief Croom’s objective and candid assessment to the Council regarding the Association’s proposal to contract out fire services to the County,” stated Mayor Fernando Vasquez.
Mayor Vasquez and members of the Council are committed to ensuring that this lawsuit will not detract from the quality of service provided to City residents.

In February, HMG-CN published an article regarding the very controversial vote regarding Police Safety, Fire Department and Paramedic Protection.

HMG-CN reported that the Downey City Council had outsourced emergency medical transport services and city jail operations to private companies.

Charter Amendment 14 was written to restore the voting public the right to choose, by majority vote, which public or private entity would best provide cost effective and efficient fire and police services to Downey.

In a press release dated March 11, 2014, the City moved to dismiss a meritless Strategic Lawsuit against Public Participation [SLAPP]; which charged the Downey Fire Association of trying to mislead the public. This was to ensure that Downey citizens fully understood the consequences of their vote for Charter Amendment 14 on the June 3, 2014 ballot.

  • Mike McMasters says:

    Guerra is just lying to protect what he hopes will be a seat in the California State Senate. We all remember the Downey Patriot article about him verbally attacking and abusing a fireman in uniform at a “Taste of Downey” a couple of years ago. Guerra engages his mouth before checking with his brain. He pouts, he whines, he threatens and he lies. Bullying doesn’t just happen in schools. Politicians like Guerra use it all the time. Mr. Guerra, to quote you “You don’t understand!!!”

  • Mike McMasters says:

    Guerra is just lying to protect what he hopes will be a seat in the California State Senate. We all remember the Downey Patriot article about him verbally attacking and abusing a fireman in uniform at a “Taste of Downey” a couple of years ago. Guerra engages his mouth before checking with his brain. He pouts, he whines, he threatens and he lies. Bullying doesn’t just happen in schools. Politicians like Guerra use it all the time. Mr. Guerra, to quote you “You don’t understand!!!”

  • Zippy Harper says:

    Mario Guerra is the worst kind of bully, he’s rich and holds an elected position. This is the very reason Gueraa would make a horrible Senator. He’s a typical republican who if he can’t get his way, he burns it down. I’ve heard this guy has discussed changing the city charter to have voters elect a Mayor instead of having one selected by rotation but he could never get the support of his collegues. Gee, I wonder why? I can already see the statues of Guerra in parks, in front of city hall, at the malls. Can’t wait till he’s termed out and the republican moves to the Newport Coast where he can be among his own kind.

  • Bill Jenkins says:

    Who’s misleading Mr. Guerra? Chief Wolf passed away in June 2013. Even though there were 4 qualified Captain’s on a certified promotional list ready to promote, Chief Croom refused to promote any of them. Blatant illegal retaliation against these 4 individuals who have dedicated their entire careers to the citizens of Downey. In December of 2013 Chief Croom terminated the list completely. Fast forward to June 2014. New Fire Chief Mark Gillaspie reinstates the list and suddenly promotes 2 out of the 4 Captain’s candidates, 1 year later. Obvious, blatant retaliation. Stop lying to the public.
    also the title of this article is totally misleading. ALL of the profanity in the lawsuit came from Chief Croom only.

  • "LAWSUIT" IS A POLITICAL STUNT BY TONY MENDOZA FOR SENATE says:

    This entire “LAWSUIT” is a political stunt for Tony Mendoza and his campaign against Mario Guerra for California State Senate.

    This “lawsuit” will be used as a “political smear mailing” against Mario Guerra.

    The voters are NOT STUPID.

    The Downey Fire Association is nothing but a political whipping boy for Tony Mendoza, and Luis Marquez who is currently on the Mendoza for Senate PAYROLL!

    Time to tell the TRUTH, about this SEEDY LAWFIRM who is a “political tool” for DEMOCRAT TONY MENDOZA for SENATE.

    Mr. Guerra should file a COUNTER LAW SUIT against this lawfirm and AGAINST PHONY TONY MENDOZA.

  • M c M a h o n says:

    Mr. Guerra, former mayor is an MISSPLACED import and has no business representing this district as Senator. He knows little history about Downey, as born and raised in Cuba. Shame on the Downey MLS favoring Guerra and favoring any candidate running for office.

    Reads like some of the boiler plate subjects, reaching far back into the 1950’s-60’s; as there was always an argument between the fireman /police union, espec. the southern section of Downey / Paramount / Southgate / Hollydale.

    Also there was a lot of misinterpretation of where the Boys Ranch location would be, in regards to policing of Old River School Rd. Then police did not want to patrol Harvey’s Broiler Cruise Nights. Downey never favored patrol of W Downey, as island communities never got their fair patrolling. Police were afraid to patrol the sacred sections along 605, afraid on tangling w/ the impaired in Nwk state hospitals. Downey Police and Fire only favored N. Downey home of Drs/ ESQ in the courthouse romper-room.

    Then came the Watts Riots in Aug 1965………Downey police and fire all ran to the Mts on extended vacations for week, to avoid policing Downey. Lily white patrol, ran like cowards from the black smoke from Watts summer riots.

    For over 15 years, the police/fireman’s Union have always had a bitter sword against the council. Even back in the 60’s, ambulance companies, were a victim of what Downey could / could not afford their medical mobile services; plus hell w/ paramedics.

    Downey can never afford residential pedestrian sidewalks and street lights throughout all sections of the city, even with today’s lavish economy. Double shame for not allowing Tetsla car manufacturer to not invest in assembly plant at old NA pad. Tetsla could provided allot of good jobs for the entire community and then some.

    How many times in a decade, does Firestone and Imperial Highway get re-landscaped, and still look a mess?????

    Downey Mayor and CC have always been out of control and never represented the 100% of the citizens. Long time Downey residents spilt to Rossmoor, Palos Verdes and Anaheim Hills, to be welcomed in to territories which cared for the residents.

    https://www.loscerritosnews.net/2014/08/15/profanity-laced-lawsuit-filed-by-downey-fire-union-targets-mayor-council-chief/

  • Mike McMasters says:

    Anyone who knows Guerra can attest to his bullying and pouting. When challenged he cries and pouts and walks out of a City Council Meeting. He loves places of respect and the head table at banquets. He flaunts his office and his police badge while making deals with local business people and then stabbing them in the back. He’s known for his temper tantrums and has been caught lying on numerous occasions. And then there’s the was the sex scandal in the P.D., which he covered up and which cost Downey taxpayers 8 million dollars. After whining “You don’t understand!” Mr. Guerra continues to rant and rave at anyone who disagrees with him.

    By the way, someone has forgotten that the largest Fire Station in Downey is in SOUTH Downey.