By DAVE STATTER
WASHINGTON, DC — The former general counsel for the DC Fire & EMS Department says she was transferred out of the agency after telling Chief Dennis Rubin about a cover-up involving one of his top aides. Theresa Cusick spent nine years as the department’s lawyer and was moved out of her job three months after Rubin’s arrival in 2007.
In a lawsuit and in an interview, Cusick says she attempted to inform Chief Rubin that Assistant Chief Brian Lee had interfered with an investigation of cheating involving a fire investigator. Cusick says that same investigator was being tapped to handle the department’s internal affairs investigations under the direction of Chief Lee.
In a deposition provided by Cusick’s attorney at the Government Accountability Project (GAP), a whistle blower protection group, Chief Rubin says he got rid of Cusick because of a confrontation he had with her. In the video, Rubin describes Cusick as giving him an expletive filled description of problems she was having with his three assistant chiefs. Cusick denies such a confrontation occurred.
Assistant Chief Larry Schultz, who is named in the lawsuit, told us the department can’ t talk about the lawsuit involving Cusick because it is a personnel matter. Cusick was originally transferred out of the fire department and to the Office of the Attorney General. Cusick was later forced to take a lower paying job with the city, where she currently works.
Cusick and her attorney, Richard Condit, claim the problems extend beyond this case. GAP is handling or consulting on other lawsuits and claims from department employees who were dismissed or disciplined.
While not addressing the lawsuits, but speaking in general, Chief Schultz tells 9NEWS NOW, “This is a clear and formulated attack by four or five people to railroad, (and) to change the focus of all the positive things that have gone on here since Chief Rubin’s arrival.”
Schultz points out, that in making changes, they have had to deal with a small number of employees who were taking taxpayer’s money and not performing. Schultz cites a survey showing a 94-percent satisfaction rate with the job the department is doing under the administration of Chief Rubin and Mayor Adrian Fenty.
Cusick believes Chief Rubin does not like dissenting opinions and is dismissive of women. She also calls him an absentee chief who is often on the road on speaking engagements.
Schultz says he probably challenges the chief more than anyone else the department. According to Schultz, “One thing he certainly does is take that type of criticism and other things very, very, well. He’s a very humble person.” In addition, Schultz believes there is no one in the department more concerned about diversity issues than Chief Rubin.
9NEWS NOW asked Chief Rubin about his travel schedule in October after a sprinkler demonstration injured a firefighter. The chief bristled at the idea his speaking engagements have anything to with problems in the department.
On this topic, Assistant Chief Schultz said, “I think he is like me, we get opportunities since the department is going so successfully now, to go out and brag about our department. Ninety-nine percent of the time he’s here at 6:00 in the morning and he goes home at 7:00 at night only to eat dinner and then spend the rest of the night at every ANC (Advisory Neighborhood Commission meetings) around the city.”