Fire Chief’s Physical Fitness Program Sparks Union Friction-June 8, 1978

Selectmen Debate Privacy Concerns and Injured Leave Disclosure Rules as Open Meeting Standoff Looms

In explaining his physical fitness goals, Fire Chief Capeless told selectmen it is in the “vital interests of the department to bring the physical condition of all men up to the status as “healthy individuals.” During a fire-fighting emergency, it is vitally important that an on-duty man not endanger himself or be a risk to his fellow firefighters because of poor health or some disabling condition. His preventive care program is not aimed at ferreting out men into a forced retirement because of health, Capeless emphasized, but to help men improve their conditioning. The physical exam is not to set a fitness standard firefighters must measure up to but simply to give information on individual deficiencies and their remedies, Capeless explained later. He termed it “criminal negligence” to obstruct a physical improvement program for firefighters.

Selectmen have supported the physical exams for town employes, not just firefighters. Town Manager John P. Mogan plans to have employees in his departments undergo the exams, too. However, Selectman Mary J. Fox questioned whether Capeless’s mandatory physicals violated individual right to privacy, although she did not object to the physical exam idea. She also wondered aloud what if the veteran firefighter cannot measure up to standards of a physical fitness program. Also, Mrs. Fox insisted that the status of men on injured leave not be discussed in executive session unless the individuals concerned were apprised. Selectmen Chairman Martin J. Lydon concurred as he cited limitations for executive session under the open meeting law, and the board voted to see if the men on injured leave prefer the discussion scheduled for June 20 on their conditions to be public or private.

Union President Collins said later that if the acting chief orders the physical exams at roll call formation this morning, some firefighters will refuse to take them on their doctor’s advice. The union is not against physical exams per se but against how Capeless is handling them, he said. “It’s just a right of privacy,” Collins maintained. According to Mogan, the hospital physicals will be paid by the workmen’s compensation fund. Capeless said he did not have the exact cost but that it would be relatively small.

In other business, selectmen voted 3-1 to uphold Mogan’s recommendation that five other electric light department workers docked a day’s pay for not reporting to work during the February blizzard week not be compensated. Earlier, the board overruled Mogan and ordered three linemen reimbursed for days during the blizzard week. Mrs. Fox voted to give these five men the benefit as “maybe they were victims of circumstances.” Unlike the three linemen paid earlier, these five are temporary nonunion workers. It was also reported through Mogan that 73 summer jobs for youth available under the CETA program will be filled strictly according to federal labor rules. The board also set a June 27 public hearing on the application of the Red Coach Grill on Route 1 for an expansion. They also set a June 27 public hearing on the application of Kenneth Matthews of 39 Alandale Parkway for a common victualer’s license to open an ice cream parlor and sandwich shop at 1108 Washington St in South Norwood.

Archival Note: This article has been dynamically reconstructed from the original public record print archives of the Patriot Ledger