After hearing arguments and testimony in a public grievance hearing today, the Humboldt Bay Fire Joint Powers Authority Board of Directors unanimously backed Chief Bill Gillespie’s decision to forbid a firefighter from wearing a “Black Lives Matter” lapel pin on his uniform.
The morning hearing lasted into the afternoon with some people in the crowd wearing their own “Black Lives Matter” pins or shirts. At the end of the hearing the board went into closed session for further deliberation and a report on the decision was sent out hours later.
The issue stemmed from Humboldt Bay Fire engineer Matt McFarland wearing a “Black Lives Matter” pin on the lapel of his uniform.
The matter was brought to Gillespie’s attention in March when Eureka Police Department Chief Andrew Mills noticed McFarland wearing the pin and asked Gillespie about it, according to Gillespie’s testimony.
Humboldt Bay Fire policy states that any pins or accessories worn by firefighters on duty or in uniform have to be fire service-related and in good taste. If not, permission to wear that accessory must be given by the fire chief.
Gillespie said McFarland never sought his permission and if McFarland had, it would have been denied because of the political nature of the pin.
The two met in March to discuss the matter after Gillespie told McFarland not to wear the pin.
“I told him my initial decision to have the pin removed had not changed,” Gillespie said.
During the hearing, Kendall Swanson, the attorney representing the Humboldt Bay Fire Joint Powers Authority, argued that McFarland didn’t seek proper approval for the pin per the department’s policy and that though Gillespie supports the Black Lives Matter movement, political messages have no place on uniforms of emergency personnel.
“Once you allow one [pin] you have to allow them all,” Swanson said in her closing statement. “ … Anything that’s political is not allowed on the uniform.”
The attorney representing the International Association of Firefighters, Local 652 Jeff Edwards argued that the pin never disrupted McFarland’s job and even made people he came across during his duties more comfortable.
“I think this boils down to what ‘political’ is,” he said during his closing statement.
Edwards said political activity would be actively showing support or campaigning either for or against a candidate, measure or proposition.
“Having an opinion on something interesting in this county isn’t political activity,” he said.
Mills also testified during the hearing about his role in the issue.
He said his department similarly doesn’t allow for political accessories on uniforms which is why he asked Gillespie about McFarland’s pin in the first place.
“We are apolitical. You can’t build or alienate one segment of the community over another,” Mills said.
In its report on the decision, the Joint Powers Authority said it based its judgment on the fire department’s uniform policy and the political nature of the Black Lives Matter organization and movement.
“The evidence presented during the hearing established that Humboldt Bay Fire does not authorize and has not authorized any employee to wear a political pin on his/her uniform. Chief Gillespie’s decision was consistent with how the uniform standards policy has been applied,” the report said. “The ‘Black Lives Matter’ is political in nature as stated on its website and by the evidence presented and is not ‘fire service related.’ … Finally, the board would like to convey that its decision is based on policy not on its agreement or disagreement with the Black Lives Matter movement.”
McFarland declined to comment on the hearing after it ended.
Hunter Cresswell can be reached at 707-441-0506.
