Will Swansea discipline firefighter over 'vulgar' Facebook post?

Published: November 9, 2012 

— Mayor Jim Rauckman and some village trustees are upset with comments made by a volunteer firefighter via a post on Facebook.

"This person is a representative of our village. I think our citizens expect a certain level of professionalism, especially from someone who's a first responder," Rauckman sad.

"I thought it was a very poor reflection and embarrassing for our village the way it was stated."

The post which included obscene language has since been taken down at the request of Fire Chief John McGuire. However, Rauckman and trustees Susan Schultz and Susan O'Malley are calling for disciplinary action to be taken against the firefighter, identified as Kody Koudelka, who made the post.

Koudelka said he didn't want to comment.

"I think it was very offensive, and I think it lacked good judgment on behalf of an employee working for the village, and I agree that discipline is necessary," Schultz said. "This is a severe image of what our employees are saying about this board."

Schultz said this isn't the first time Koudelka has made an offensive post on Facebook about the village.

O'Malley agreed that some sort of discipline is needed. She described the post as "offensive" and "vulgar," but she questioned whether it violated any village policy.

The popularity of social media sites like Facebook and Twitter has resulted in many employers enacting a technology use policy that includes what is acceptable in regards to posting on social media sites about the company, clients and colleagues.

The National Labor Relations Board received an increasing number of charges related to social media the last two years. For example, in September 2011, the board found that a Buffalo, N.Y., nonprofit organization unlawfully discharged five employees after they posted comments on Facebook concerning working conditions. All five employees were reinstated and awarded backpay.

An acceptable use of technology amendment to the employee handbook passed by the Swansea Village Board in July does not apply to members of the police and fire department.

"I don't know what policy he violated," McGuire said. "I think it was a bad post. He should have had a lot more tact. It made him look bad plus it made the fire department look bad.

"I agree it was offensive, but offensive isn't against the law. He didn't break a village policy. He didn't break any law," McGuire continued. "I know it's wrong. He knows it's wrong. Everybody knows it's wrong."

Rauckman said he feels "some level of discipline" is needed against Koudelka. "He had very bad judgment," Rauckman said. "We expect more from our fire department and policemen and clerical people."

Under village code, disciplinary action against a member of the fire department must be made by the fire chief. However, the fire chief may not dismiss a member of the department without the consent of the Village Board.

McGuire, as well as some village trustees, feel no disciplinary action is needed.

"I personally think he's learned his lesson," McGuire said of Koudelka. "He took a lot of heat (from his fellow firefighters). I don't know how I can discipline somebody for doing something on their own time with their own phone."

"It's not flattering, but I think he has the right to say it and there's probably a bunch of people who agree with him," Trustee Brian Wells said. "I don't think we should do anything. I don't want to create any more rift with the fire department."

Trustee Bill Saak said he was offended by the obscene language used in Koudelka's Facebook post. "Any opinion you might of tried to express here was somewhat cheapened because of the language," Saak said.

The post Koudelka made on Facebook was discussed during the Swansea Personnel Committee meeting Monday night. No action was taken by the committee, and the matter was tabled until the next committee meeting at 6 p.m. Nov. 19 at the Swansea Government Center.

Contact reporter Jamie Forsythe at 239-2562 or jforsythe1@bnd.com.

Contact reporter Jamie Forsythe at 239-2562 or jforsythe1@bnd.com.

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