Recruit wants $1 million from city

FOR THE RECORD: The headline for “Recruit suing for $1 million,” May 16, was incorrect. The former firefighter has filed a claim with the city. City officials can either deny or approve the claim, but a lawsuit can only be filed after the claim is rejected.***

A former Newport Beach firefighter recruit claims that the city discriminated against him when it took back a job offer because he was hard of hearing. Now the man wants Newport Beach to pay out more than $1 million for lost earnings, emotional distress and allegedly violating his civil rights, according to a claim filed with the city in April.

San Luis Obispo resident Brett Smith worked with the Newport Beach Fire Department as a lifeguard during the summer months between 1999 to 2004, according to a claim filed with the city. He lost hearing in his right ear after fracturing his skull in an accident in 2002, but continued working with the fire department each summer.

Smith also worked as a firefighter for the city of Santa Maria. He later applied to work full time at the Newport Beach Fire Department and was offered a job there in March 2008, according to documentation filed with the city.

Newport Beach Fire Chief Steve Lewis later took back the job offer in November because of Smith’s hearing problems, the chief stated in a letter to the firefighter.

“As Fire Chief for this department, I have been charged with assuring that the individuals that I hire onto this department are at all times able to perform the essential duties necessary to protect the public and their fellow firefighters in extreme and dangerous situations,” Lewis wrote in a letter to Smith dated Nov. 21.

The letter goes on to state that Smith declined to take a hearing test or allow Lewis to ask his supervisor at the Santa Maria fire department about what kinds of duties he performed there, or if his disability interfered with his work.

In his claim, Smith alleges the city violated state discrimination laws because it would not hire him because of his disability.

Several Newport Beach firefighter wrote letters to the city in support of Smith.

“Working around Brett, you would not know that he had any hearing deficiencies unless he told you,” wrote Ron Sutherland, a retired Newport Beach Fire Department chief.

Tara Finnigan, a spokeswoman for the city said the Newport Beach city attorney’s office is investigating Smith’s claim, but declined to comment further.

Attempts to reach Lewis and Smith were unsuccessful Friday.