A former Manhattan Beach fire chief has filed a wrongful termination lawsuit against the city, asking a judge to reinstate him with back pay after he was fired last year for what he said was retaliation following complaints he made about problems with a computer-aided dispatch system and the vendor hired to upgrade it.
Ex-Fire Chief Daryn Drum’s Los Angeles Superior Court lawsuit said Manhattan Beach wrongfully terminated him, retaliated against him for whistleblowing on what he said was an outdated computer system, violated his freedom of speech rights, and intentionally inflicted emotional distress. Drum asked for unspecified damages in the suit filed Friday, Sept. 10; the lawsuit names as defendants Manhattan Beach and City Manager Bruce Moe.
Moe, in an email Monday, Sept. 13, declined to comment, which he said is city policy for pending litigation.
Manhattan Beach’s computer-aided dispatch system was so old, according to Drum’s suit, that the vendor that built the original one was no longer able to provide ongoing support for it.
Drum, the suit said, told Moe multiple times that he was “extremely concerned” with the ability of Mark 43, the vendor platform hired to replace the CAD system, to deliver a safe, effective and reliable product. Although Moe said he shared Drum’s concerns, according to the suit, the city manager “failed to take meaningful, lasting steps to address them for the safety of the inhabitants of the city.”
Drum was fired in June 2020, a little more than a year after he took on the top spot in the Fire Department. At the time, the city said he was fired because of comments he made that were viewed as insensitive.
The city released audio of Drum speaking during a June 16, 2020, meeting of the South Bay Regional Public Communications Authority, which dispatches fire services for Manhattan Beach. During that meeting, according to the audio, Drum used the metaphor “not taking our foot off their throat” multiple times when referring to negotiations with Mark 43.
“I’m comfortable continuing to move forward, but not letting our guard down,” Drum said during the meeting, according to his suit.
“And pardon my vernacular, but not taking our foot of their throat either,” he added. “I think your foot needs to be clearly on their throat, and they need to feel it and they need to feel that constant pressure every single day that we mean business.”
Those comments came less than a month after George Floyd, a Black man, was murdered by Minneapolis Police Officer Derek Chauvin, a White man, on May 25, 2020.
But Drum, now 56, made no reference to any news topics or incidents involving law enforcement at the meeting and police and fire chiefs present agreed with his comments and sentiment, the suit said.
Five days earlier, Drum participated in a podcast with Manhattan Beach Police Chief Derrick Abell during which he expressed his support for police and the difficult job they have.
“You’re one good shooting away from civil unrest,” Drum said, using the word “good” to describe something of a noticeably large size or quantity, the suit said.
Neither Abell nor Moe — or any other city official — expressed concern with Drum’s comments, according to his court papers.
But later that same month, Drum was instructed to meet with Moe and other city officials and was pressured to resign, the suit said.
“Drum asked for the chance to think about this difficult, important decision and speak to his family about it over the weekend,” the suit said, “but he was not allowed to do so.”
Moe then told Drum that he was being fired, the suit said. City officials did not give Drum prior notice that he was going to be reprimanded or fired for his remarks, the suit said.
Moe, for his part, said after Drum’s firing that the city needs “thoughtful leaders offering voices that are open and inclusive.”
“Chief Drum’s recent comments do not reflect our core values as a city,” Moe added, “and an immediate change of Fire Department leadership is in the community’s best interests.”
Moe also put Drum’s comments in the context of Floyd’s death, which sparked nationwide protests and renewed calls for police reform.
“In retrospect, they could be considered (as) insensitive, especially given the pain our society is grappling with today,” Moe said. “On reflection, we should have addressed his comments at the time.”
Moe’s public statement, however, implied that Drum was a racist, the suit said.
In May of this year, a hearing officer who considered Drum’s appeal of his firing released a report that said the former chief’s dismissal was appropriate. The City Council in July voted to accept the hearing officer’s recommendation, the suit said.
“As a direct result of Moe’s and the City Council’s decision, the sterling reputation Drum built over the course of 30 years in emergency services was destroyed overnight,” the suit said, “which effectively precluded his chances of obtaining alternative employment in his field.”
Staff writer Tyler Shaun Evains contributed to this report.