Balance of Power Ch. 01

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2:00pm, Wednesday, September 11th. Paulina Patterson came to my office, looking tired. I had her sit down and I poured her some coffee.

"Thanks." she said as she took the mug and gratefully drank from it.

"I take it things did not go well in Court?" I said once I'd settled into my chair.

"No." Paulina said. "Folsom gave it to Nance. We have tried and tried to get Folsom to not give cases like these to Nance, but he just doesn't get it that Nance is activist and absolutely hostile to a reasonable and fair application of the law."

"Or he doesn't want to get it." I said, meaning Folsom.

"No, I really believe he's ignorant." said Paulina. "He blindly thinks that all judges are honest and fair. You remember Judge J.B. Stone?"

"Oh yes." I said. (Author's note: 'Case of the Black Badge', Ch. 01, among other places.)

"Folsom never understood that Stone was stone-cold dirty as well as a racist." Paulina said. "He was shocked when Stone was forced to go to Coltrane County."

"Folsom is politically attuned himself." I said. "Tries to play all sides. So what happened today?"

"Gregory tried." Paulina said. "I'll give him credit; he really tried. But he doesn't understand that when we deal with Judge Harry Nance, we have to go through certain motions, such as asking for another judge, and we have to set up grounds for appeals, so that we can do that and get better, or at least more fair, rulings from Folsom. Gregory didn't do that."

"Nance let them all go?" I asked.

"He took particular delight in letting those that were from out-of-Town go, and on their own recognizance." Paulina said. "He also gave the other ones that we think are NEA-hired no bail; he just released them on recognizance. The Firefighters had representation paid for by their Union, but their lawyer made a huge mistake: he made a Motion to Sever. Nance granted it, then slammed the Firefighters with half a million dollars bail each."

I was stunned. "Wowwwww." I said. "Why did he do that?"

"I was hoping you could tell me." Paulina said. "And Gregory really did fuck up there; he should've objected and said the bail was excessive... which it was, especially if Nance is giving out-of-Town thugs no bail at all."

"Well..." I said, putting that into its compartment of the mind for the moment, "c'est la vie, c'est la guerre on that. So what else is there?"

"How do you always know that there's a 'something else'?" she asked with a knowing smile. I just raised my eyebrows a couple of times.

"Yes, there's something else." said Paulina. "You already know that Miriam Walters has been working on her own restructuring of the D.A.'s Office. She's put out the word that they're hiring Investigators. She called Geiger and he turned her down. Walters has also been rearranging the deck chairs, and wants to have DDAs supervised by ADAs."

"Yes." I said. "And she wants to elevate her crony Savannah Fineman by having her as an ADA over you by demoting you to DDA. But if she does that, Franklin will play the race card if you don't do it yourself."

"Exactly." Paulina said. "Franklin Washington told me this morning that he's gotten word that Walters has been having meetings with outside legal counsel... attorneys experienced in civil rights cases, particularly on the side of Government or those being sued for racial discrimination. And I don't have to be the Iron Crowbar to see what that means."

"You think she's getting advice on the legal ramifications of demoting you, and dealing with your legal reaction if and when you sue her for racial discrimination?" I asked.

"Yes." said Paulina. "That is exactly what I thought when I first heard it, and Franklin thought the same thing when he heard it."

"Make that three of us." I said. "Of course, if she goes through with it, you could use it against her, saying she knew she was acting in a racist manner by consulting with lawyers over it."

"I don't want it to get to that point." said Paulina. "And I don't want to play the race card. I don't want Tasha to think that's the answer to every obstacle in life she's going to face."

"Yeah, I agree with you on that point." I said. After a moment of contemplation, I said: "I can't believe Walters is acting so stupidly. If she really wants to help Fineman beat Ted Mason for the Solicitor post, she should have Savannah be the DDA and successfully prosecute our cases while you make like Bowser and just sit there and supervise."

Paulina giggled at the Bowser reference, and I continued: "Instead, she... no, I just don't understand it... unless it really is racism that is Walters's motive..."

*KNOCK* *KNOCK* *KNOCK* *KNOCK*

The knock on my door was followed by the door cracking open and Cindy poking her head into my office. "Sorry to interrupt." she said. "The Sheriff has called for an 'all hands on deck' meeting at 2:30pm at City Hall. Everyone in the Public Service Department with oak leaf clusters or higher on his or her shoulders is required to be in attendance..."

* * * * * * * * * * * * * *

2:30pm. The Police contingent of Chief Moynahan, Deputy Chief Ross, and myself arrived in the conference room around the corner from the private Council Chamber. I swept for bugs as the others came in: Fire Chief Quinlin, Assistant Fire Chief Davies, Fire Marshal Singer, Battalion Chiefs Tucker and Carlson, Public Health Officer Beth Paige, and Assistant PHOs Stella Waters and Rohit Gupta. Last but not least came in Sheriff Griswold, Chief of Staff Oswald, and Senior Deputy Sheriff Louis Bailey.

Three long tables, seating five people each, were arranged in a triangle formation. The Sheriff would be at the center of the 'head' table, flanked by his Deputies, then the Fire and Police Chiefs at the ends. Cindy and I sat on the left side (the Sheriff would look right to see us), along with the Public Health officials, and the five Fire Department officers were at the third table.

"Take your seats, please." growled Griswold, prompting us all to sit down. "The purpose of this meeting is to make my expectations clear regarding the conduct of the Public Safety Department's personnel regarding certain issues. This stems from last night's arrest of two Firefighters at the public Council meeting for unlawful disruptions of the meeting. Their conduct was unprofessional, and an embarrassment to the Public Safety Department."

Griswold: "Furthermore, there have been public comments made about the Charter Commission's proposal for a new Charter as well as my own proposals for the Public Safety Department. I want to make sure I am clear on the rules and my expectations on that, as well."

Griswold: "First of all, Commander Troy is the Charter Commission Chairman. He has been good about being in civilian attire when attending meetings and speaking of the Charter as the Commission's Chairman, and I expect him to continue to do that. In the capacity of Commission Chairman, I fully expect he's going to discuss it publicly, so most of my comments here don't apply to you, Don."

Griswold: "Having said that, every one of you and every one of your subordinates in the Public Safety Department have your rights to peaceably assemble and of free speech... in a professional manner. If you are opposed to aspects of the Charter, it is your right to be opposed... in a professional manner. If you are going to speak publicly about it, be sure to do so in civilian attire and... in a professional manner."

Griswold: "Actions not in accordance with the law and professional decorum are not acceptable. If members of the Public Safety Department break the law, not only can they be arrested, but they can and likely will be be terminated. I will not tolerate further embarrassment of the kind we had last night."

Griswold: "It is my job as Sheriff to run the Public Safety Department, which includes proposals for the efficient running of the various Departments within it. You and your subordinates may not like my proposals, but there is a point where a line is crossed and it becomes insubordinate to publicly oppose those proposals. If you don't like it, you are free to signify so by raising your hand and saying 'I resign.'. That resignation will be accepted, and then you can go whine about it to the Press all you want."

Griswold: "Last but not least, threats of a strike simply because individuals don't like certain aspects of the proposed Charter are not acceptable. I consider a threat to strike that is not coming from a Union official to be direct insubordination, requiring action in response. The Fire Department persecuted the hell out of the former EMS for going on strike, reminding us that it was illegal, and demanding the EMTs be fired... and they were. But now it's come full circle... if the Fire Department goes on strike over opposition to something the People have voted to institute in the new Charter, that strike will be illegal, and I will be accepting resignations and/or terminating those going on strike."

The Sheriff looked at all of our faces, then said "If there are any questions, now is the time. Once we leave this meeting, you will be expected to hold your peace."

Fire Chief Quinlin said "For the sake of clarification, are you forbidding me from campaigning against the Charter with the full intent to have it defeated so that there is no new EMS?"

"You may campaign all you like," replied the Sheriff, "as long as you are doing so as an individual, as a Citizen, and not in uniform or any clothing showing you're part of the Fire Department."

"I believe that is wrong." said Quinlin. "I believe I have every right to publicly voice my opposition to the EMS as the Fire Chief, and in uniform."

"I totally agree with Chief Quinlin." said Battalion Chief Tucker. "The People have the right to know that we're opposing those provisions of the Charter as the Fire Department Officers we are."

"I don't agree." said Assistant Chief Davies. "Campaigning as a high-ranking Fire Department Officer can be construed as intimidating subordinates to vote your way. I'll say right now that not all, or even a majority, of the Fire Department rank-and-file are as strenuously opposed to the EMS proposals. And the majority are very much in favor of the Battalion Chief position being brought into line with the Superintendents. The Fire Department Captain Union might say one thing, but that does not mean the rank-and-file Fire Department Union is in agreement."

Quinlin and Tucker were looking hatefully at Davies. Davies and Zoe Singer were scowling at the Fire Chief in return.

"Sheriff," said Beth Paige, the PHO, "I want to point out that there is a distinction between campaigning for or against the Charter, and opposing your proposals to the Council, which might pass regardless of the Charter."

"I don't agree." growled Griswold. "If Quinlin is speaking in uniform publicly or on television, it could be incorrectly construed that he is speaking for the entire Fire Department... and I happen to know and also to agree with Chief Davies that that's not the case. And I'll give the example again: Commander Troy wears civilian attire and makes sure to say he is speaking as Charter Commission Chairman and not as a Police Officer or on behalf of the entire Police Force when he discusses the Charter. That is the example I want followed. Am I clear?"

There was a general nodding of heads, though Quinlin, Tucker, and Carlson looked like they were in anything but agreement. "Anything else?" asked the Sheriff.

"I have a question for Commander Troy." said Fire Chief Quinlin. Looking at me, he angrily said "I want to know why you had my Firefighters arrested and booked, instead of showing some professional courtesy and letting them go once you took them out of there."

"Er... because they broke the law, maybe?" I replied. Some people chuckled; others made their hatred clear on the faces. I continued: "I wasn't there, but I fully support my Captain of Operations and my Police Officers, who acted properly and professionally, and did not discriminate in making arrests of the troublemaking disruptors." Out of the corner of my eye, I saw Fire Marshal Zoe Singer grin at that.

"You were wrong." said the Fire Chief. "You were wrong to do that. Those weren't environmentalist activists, they were Firefighters-------"

"Again, Chief, I support my Police Officers. They took the correct action." I said, staring daggers at the Fire Chief.

"Don't interrupt me again, you insubordinate little shit------" Quinlin erupted. Cindy's hand on my shoulder prevented me from getting up. But the Police Chief was already standing up.

"You don't outrank me, Quinlin." Chief Moynahan thundered. "And you may consider the Commander's words to be mine. I fully support my Captain of Operations and my Officers, as well. They did the correct thing to arrest and fully book your unprofessional Firefighters..." Battalion Chief Tucker stood up, and it looked like he was going to attack Chief Moynahan.

*tap tap tap tap tap tap tap*

The sound of a red crowbar tapping against the edge of the table began filling the room. I did not even need to stand up nor look up at anyone. Everyone sat back down.

Sheriff Griswold growled "I've made my expectations clear. I expect you and your subordinates to act professionally in all of your actions, but especially on these issues. That's all I have." With that, he and his Deputies got up to leave. We all stood up, as well, but stayed at our places until they were out of the room.

"Hey, you!" Chief Quinlin snarled, coming after me. Battalion Chief Tucker was also coming around the table very fast to confront me. I handed Cindy my crowbar (to make it fair) and turned to confront Quinlin.

"My firefighters are in jail because of you." snarled Quinlin as he drew up to me. "I won't be forgetting that. You better watch your back, Troy."

"I always do." I said.

"And you better watch your mouth with me, Commander." snarled Quinlin pointing his finger in my face, with Tucker right next to him. A 'disturbance' was imminent.

"You better get your finger out of my face, or I'll break it off." I warned. "And the thing about pulling rank? You better be able to back it up. And you and your little shit-eating poodle here... y'all ain't got what it takes."

Everyone stood watching, breathlessly wondering what was going to happen. Finally, Battalion Chief Carlson stepped in. "Come on, Chief." he said. Taking the opportunity to extricate himself from something very ugly happening to him, Chief Quinlin allowed himself to be led away.

"Get out of here, Tucker." said Assistant Fire Chief Davies. "You can't handle the Iron Crowbar."

"And you can?" growled Tucker, about to turn and confront Davies.

"I don't have to." said Davies. "I only have to handle you. Whenever you're ready, bring it on." Tucker made his wisest move of the day. He went for the door and exited the room.


"Let me know if they give you any crap." I said to Davies. "It's getting ugly now."

As Cindy and I left, she handed me my red crowbar back and said "See what you get for missing Council meetings?"

"The party never stops..." I replied...

* * * * * * * * * * * * * *

6:00pm, Wednesday, September 11th. Cindy, Teresa, Paulina, and I were sitting on the outside deck of the Cop Bar, having beef nachos and Cherry Coke Zero.

"Nice having a Wednesday night with no Charter meetings." I said. "It was fun while it lasted, but I'm glad it's done."

"You guys did a great job with that, pass or fail." said Paulina. She turned to Cindy and Teresa and asked "Do you guys think it'll pass?"

"Yes." said Teresa. "And that's not just kissing up to the boss, either." We chuckled at that. Then Teresa said "I have a question: if I'm going to be 'Commander of Operations', what does that make you, Don?"

I said "My position is and will continue to be 'Police Commander', but it can also be considered to be 'Chief of Operations' vs. you being 'Commander of Operations', while Cindy's is 'Executive Officer'."

Cindy took it up: "A lot of larger Police Departments have both Assistant Chiefs and Deputy Chiefs, with the Assistant Chiefs above the Deputy Chiefs. When the Sheriff and I wrote up the first draft proposals, we had the Chiefs with three stars, then the Assistant Chiefs with two stars, and the Deputy Chiefs having one star. Don would've been Assistant Police Chief with two stars, while I would've had one."

I said "And I nixed that for three reasons: first, it didn't translate well over all the divisions of the Public Safety Department, particularly with regard to the Fire Marshal; second, what we have now works well, and I don't need to outrank Cindy; and third... well, I like being called 'Commander'."

The women chuckled at that. "Ah, the secret is out." said Teresa with as much of a grin as we were going to get from her. "So, Cindy, do you think it'll pass?"

Cindy said "I think it'll pass, but it might be close. It'll depend on the turnout in the minority districts------"

"Mind if I join you guys?"

The voice belonged Assistant Fire Chief Davies. He'd just come up from the outside ramp.

"Sure!" I said. "Have a seat. You know everyone here. And ranks are off at our parties here."

Davies said he did know everyone, then said "I almost wish something had happened in that meeting. I'm just itching to beat the crap out of Tucker."

Cindy said "I think Don was going to annihilate him and then turn his attention to Chief Quinlin. Those guys truly are lucky that nothing happened."

"Yes they are." I said. "But it won't be long before Tucker and Carlson are no longer in the same rank category as you and we are. Not that Tucker matters anyway."

"That guy was an ass to me all the time while I was a Superintendent." said Davies. "If you think Quinlin was pulling rank today, he was nothing compared to Tucker. Then when I got promoted to Assistant Fire Chief over him, he acted all friendly-like... until I reminded him I still held grudges against him and was just looking to take him down. And now he's really, really bitter about the rank structure changes."

"Tough shit." I said. "But watch your back around Chief Quinlin. I've got the Sheriff, the Police Chief, and the Power of the Green Crowbar behind my back. I know you can handle yourself, but watch out for that guy."

"I hear ya." said Davies. "I don't know how Fire Marshal Singer does it, but she's pushed back against him for years. But what gets me is... well, when all that crap with the EMS came down, he never really came out against them like a lot of others did. But now... he's bitterly opposed to a new EMS. And he's definitely telling the Fire Department that they'd better toe the line and oppose the new EMS, as well. A lot of our newer guys don't care about that, but when he's openly telling them their careers depend on supporting him against the EMS, it's a bad thing."

"Yeah," said Cindy, "I don't get Chief Quinlin's attitude about it, either. Whassup wit' dat, Don?"

I said "My first instinct is to say 'money'. I think as long as the old EMS was gone, he was okay with the status quo. Maybe he thought he'd eventually get a Fire Rescue unit over time. But when the Sheriff proposed the new EMS, and one totally independent of the Fire Department... yeah, he didn't take too well to that. Not sure why, but his true colors came out on it."

Teresa said "You better get ready to become Fire Chief, Chief Davies. The writing is on the wall for Chief Quinlin if he doesn't get his head out of his ass."

"His head nearly got shoved into his ass today." Cindy said. "Iron Crowbar don't play."

"Neither do the Green Crowbar." I replied.

"Yeah." said Davies. "I'll tell you guys this in confidence: the Sheriff has already met with me, twice. We'll see what happens after the Charter vote------"