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Houston fire investigator put on desk duty for personal Facebook post blasting Muslims

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Here’s another case of a firefighter facing the possibility of discipline for posting something on his personal Facebook page. This time it’s a fire investigator with the Houston Fire Department.

One aspect of this to keep in mind that has not been mentioned in the articles I’ve seen is the significance of this being a fire investigator. I imagine a defense attorney would have some great ammunition in court on any arson case this fire investigator had that involved a defendant who was a Muslim.

Also, note the news coverage seems to have somewhat conflicting comments from interim union president Alvin White. The KTRH article below indicates White supports the investigation, but the Houston Chronicle has this quote from White:

“The city’s inconsistent enforcement of policies regarding on- and off-duty employee social media activity remains a concern.”

Allan Turner, chron.com:

A veteran arson investigator with the Houston Fire Department apparently violated the municipal social media policy by posting “hate speech” directed at Muslims on his personal Facebook page, the city’s top lawyer said.

Byron Miller, 45, an employee since 1990 and an arson investigator since 2002, has been placed on paid desk duty pending completion of an internal affairs investigation. He is the second fire department employee accused of violating the city’s 2011 social media policy since June.

Miller allegedly posted obscene references to Islam and Muslims against a backdrop of an American flag, and claimed that he was a “proud infidel.”

TX Houston Facebook muslim rant 1

KTRK-TV:

The post is set to a backdrop of an American flag and reads, “Proud Infidel. F*** Islam and F*** Muslims.” It was posted to his timeline earlier this month, and at one point, it was even his profile picture.

When we brought it to the attention of the Houston Fire Department, Chief Terry Garrison responded with a statement, “As soon as I was made aware of the situation, I adopted a complaint on the matter, launching an internal investigation.”

“Your rights of freedom of speech and freedom of expression stop when you work for somebody, to the extent that there’s policies in place,” said KTRK Legal Analyst, Joel Androphy.

KTRH Radio:

Houston City Attorney David Feldman tells KTRH News, yes the firefighter has a right to free speech, but not when he clearly identifies himself as one of the city’s public servants.

“This is not the kind of thing that we would ever condone, and obviously it is something we are actively investigating,” says Feldman.

“It’s not the words alone, it’s the words coupled with his obvious advertisement with the city, the fact that he’s with the Houston Fire Department,” he says.

LOCAL 341 President Alvin White says he supports the investigation. 

“If it’s found to be sustained, then the individual should be disciplined appropriately,” he tells KTRH News.  “We are having issues in our department with Facebook posts and will be educating our members on those issues in the future.”

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