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John Murphy

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JOHN K. MURPHY, JD, MS, PA-C, EFO retired as a deputy fire chief after 32 years of career service; is a practicing attorney in Washington State whose focus is on employment practices liability, training safety, employment policy and practices, forensic evaluation on fire operations, internal investigations and consulting on risk management for private and public entities and serves as a subject matter expert on fire and EMS legal cases and litigation support. He is the Vice President of M2 Resource Group, Inc., and is a Physician’s Assistant. Mr. Murphy’s past fire experience has been as a paramedic firefighter for more than 20 years; a chief fire officer, Chief of Training, Operations Chief, a promoter and facilitator of health-care issues in the fire service and a practicing physicians’ assistant since 1977 with a focus in primary care, occupational health and emergency care. He is an author and frequent speaker on legal and medical issues at local, state and national fire service conferences.

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Papers by John Murphy

Diversity, Equity, and Inclusion in the Fire Service -Are we providing the correct antidiscrimination training

Fire Engineering, 2024

We believe that the American fire service is a multicultural, multi-racial entity. It consists of... more We believe that the American fire service is a multicultural, multi-racial entity. It consists of mainly white men, a few women, and a few minorities. 1Litigation in the fire service focuses primarily on discrimination, harassment, and retaliation against people of color and women. Some lawsuits are related to operational issues, but people issues are the main focus of litigation. In personnel cases of discrimination, harassment, and retaliation, the plaintiffs are awarded significant judgments. Many cases settle out of court, and a few are entered into the court records, such as those that went to trial and a judgment was recorded. Sometimes, the plaintiff firefighters retain their jobs, but in many cases, they retire. Does this litigate-rinse-and-repeat process solve current issues facing our firefighters today, especially in the personnel arena? Is litigation correcting future behavior?

Death of the Public Duty Doctrine.docx

Fire Engineering, 2023

The public duty doctrine is a principle of tort law that a government entity cannot be held liabl... more The public duty doctrine is a principle of tort law that a government entity cannot be held liable for the injuries of an individual resulting from a breach of a duty owed to the public as a whole. The doctrine applies unless the individual can prove that the government entity owes a specific duty to the public and not just a general commitment to the public.

Your Protected Rights During Internal Investigations

Fire Engineering Magazine, 2022

Probably not the most favorite part of being a firefighter is when you come under scrutiny for an... more Probably not the most favorite part of being a firefighter is when you come under scrutiny for an act or omission of a policy or violation of some law in your community or your department and are called into the Chief's office and notified that you are the subject of an investigation. An investigatory interview is one in which the employer seeks to obtain information from the employee or employees which would possibly support or not support disciplinary action against the employee or to evaluate whether the claim against you or other members of your organization is valid.

Documentation Power of the Written Word V1

Fire Engineering, 2022

EMS & Fire Documentation-The power of the written word The written word has launched a thousand s... more EMS & Fire Documentation-The power of the written word The written word has launched a thousand ships; declared an independence; started or ended a war, created contracts, written poetry, novels, classic novels and in general is a method of communication between two people or thousands of people. The written word has existed since the dawn of time with cave drawings and eventually languages finding an ability to communicate with each other. Personally, I have written thousands of words since I first learned how to write and even today, I write on a daily basis as an attorney, a medical provider or just a letter to my kids.

The N-Word, Firefighter and Free Speaech

Fire Engineering, 2022

Words Matter - is the use of the N-word by firefighters' free speech or hate speech?

Qualified Immunity for Firefighters

Fire Engineering Magazine Blogger Network, 2021

There has been quite a lot of media attention and discussion about Qualified Immunity for firefig... more There has been quite a lot of media attention and discussion about Qualified Immunity for firefighters and police officers, mostly police officers at this time. Needless to say, accompanying that discussion is some impactful litigation compelling the discussion and where your protections lie when responding to emergencies, treating patients, assisting your local police, and other on-duty interactions with your community.

Vaccine Exemptions for Firefighters

Fire Engineering, 2021

As if the vaccine mandate could not get more complicated, we are now facing the exemption conundr... more As if the vaccine mandate could not get more complicated, we are now facing the exemption conundrum as more and more public and private employers are responding to the Covid 19 vaccine mandate as proclaimed by some state governments and President Joe Biden’s declaration. We are also seeing many firefighters, other public safety officials and medical personnel pushing back against the mandates and are willing to lose their jobs as a result of it.

Vaccine Exemptions for Firefighters

Fire Engineering, 2021

As if the vaccine mandate could not get more complicated, we are now facing the exemption conundr... more As if the vaccine mandate could not get more complicated, we are now facing the exemption conundrum as more and more public and private employers are responding to the Covid 19 vaccine mandate as proclaimed by some state governments and President Joe Biden’s declaration. We are also seeing many firefighters, other public safety officials and medical personnel pushing back against the mandates and are willing to lose their jobs as a result of it.

Get the Vaccine and Mask Up

Fire Engineering, 2021

Over 600,000 Covid deaths are affecting America and in the Fire Service world, it is killing fire... more

Words Matter Mere utterance is not offensive

Fire Engineering , 2021

This article is meant to start a conversation on how we use our words to heal or harm

Mandatory Covid -19 Injections for Firefighters

Covid -19 is a worldwide pandemic. Immunizations are now on the market. Can an employer mandate t... more

Mandatory Covid -19 Injections for Firefighters

Diversity is so close, yet so far

Fire Engineering, 2020

The debate related to diversity continues to be raging across our country—not only in our firehou... more

Resiliency in the Fire Service

Fire Engineering, 2020

Firefighters are faced with daily psychological traumas including Line of Duty Death (LODD) of fe... more

It was a question from a colleague related to resiliency that prompted this article and the more ... more

The Other Side of Leadership

Successful Leaders must have engaged followers. There are some simple guidelines that guide follo... more

Leading From the Bottom Up

Success of an organization and allowing the firefighter assisting the leader of an orgnization in... more

The Other Side of Leadership

Good leaders must have good followers. Good followers have certain guidelines that will be instru... more

Preventing #MeToo Legal Fires

It pains me to have to write an article about this issue, but with the recent widely viewed broad... more It pains me to have to write an article about this issue, but with the recent widely viewed broadcast of a Supreme Court nominee accused of sexual assault when the perpetrator and victim were both in high school and the current state of affairs related to women and minorities in this country; it is an article that needed to be written addressing the elephant in the room As a father of five (5) daughters, all adults with their own families and lives, I feared for their safety as young adults navigating the difficulties of being a girl in a masculine society. Any assault, groping or other sexual overtures against them are a closely held secret among them and remains that way even today. I assume the worst and pray for the best. As a Deputy Fire Chief, I was responsible for the lives and safety of all of my firefighters as well. Creating an environment free from harassment, intimidation, discrimination and other such harmful behavior was as much important as creating a safe emergency scene. Sexual assault against women and even men is as old as time itself, where the victims of these crimes went silent about the assaults and aftermath. An event deeply buried in their memories, haunting them for a lifetime. One of the most often heard reasons for not disclosing the assault, is that " no one would believe me " , " it was my fault " and " what can I do about it now? " Empowering women to come forward to report these assaults or at least talk about it without the shame and stigma has always been a struggle for those sexually assaulted finally came into the national focus with the MeToo movement in 2006 with the phrase used by Tarana Burke to empower women of color through empathy, especially young and vulnerable women who have experienced sexual abuse, particularly within underprivileged communities. In October 2017, Alyssa Milano encouraged using the phrase as a hashtag to help reveal the extent of problems with sexual harassment and assault by showing how many people have experienced these events themselves. Women make up approximately 51% of the US population and 1 in 3 have reported sexual assault and are unable to talk about it. Men also have experienced sexual assaults (1 in 6) and also are unable to talk about it. Since this empowering movement occurred, many women, and some men, have stepped forward declaring #MeToo in all disciplines of our workforce to include the, military, banking, technology, politics and government, sports, medicine, and in the Catholic Church. In our own sexually segregated industry (with only 3.5% of all career firefighters women) there are far too many #MeToo experiences that have been revealed through court filings and the media with sexual assault charges against fire chiefs, fire officers and firefighters brought to the light by those assaulted. As members of the fire service, we have an obligation and a duty to protect the women and men in our service as they are our sisters, brothers, sons and daughters, nieces and nephews. Would you be outraged if you came home from a shift and found your son or daughter crying declaring they have been sexually assaulted, harassed or intimidated? We cannot control other industries or those workers in their actions, however, we can control our own industry and prevent the seemingly incessant reporting's of bad sexual behavior on the part of our staff and firefighters.

Presumptive Illness.docx

It is well recognized that firefighting is a dangerous occupation. In addition to the trauma or c... more It is well recognized that firefighting is a dangerous occupation. In addition to the trauma or cardiovascular events killing or injuring, a slow and insidious enemy has been stalking firefighters for many years and although the injury is not immediate, the effects appear many years after exposures, are long lasting and may lead to the early demise of the firefighter as documented in numerous firefighter deaths from cancers.

Diversity, Equity, and Inclusion in the Fire Service -Are we providing the correct antidiscrimination training

Fire Engineering, 2024

We believe that the American fire service is a multicultural, multi-racial entity. It consists of... more We believe that the American fire service is a multicultural, multi-racial entity. It consists of mainly white men, a few women, and a few minorities. 1Litigation in the fire service focuses primarily on discrimination, harassment, and retaliation against people of color and women. Some lawsuits are related to operational issues, but people issues are the main focus of litigation. In personnel cases of discrimination, harassment, and retaliation, the plaintiffs are awarded significant judgments. Many cases settle out of court, and a few are entered into the court records, such as those that went to trial and a judgment was recorded. Sometimes, the plaintiff firefighters retain their jobs, but in many cases, they retire. Does this litigate-rinse-and-repeat process solve current issues facing our firefighters today, especially in the personnel arena? Is litigation correcting future behavior?

Death of the Public Duty Doctrine.docx

Fire Engineering, 2023

The public duty doctrine is a principle of tort law that a government entity cannot be held liabl... more The public duty doctrine is a principle of tort law that a government entity cannot be held liable for the injuries of an individual resulting from a breach of a duty owed to the public as a whole. The doctrine applies unless the individual can prove that the government entity owes a specific duty to the public and not just a general commitment to the public.

Your Protected Rights During Internal Investigations

Fire Engineering Magazine, 2022

Probably not the most favorite part of being a firefighter is when you come under scrutiny for an... more Probably not the most favorite part of being a firefighter is when you come under scrutiny for an act or omission of a policy or violation of some law in your community or your department and are called into the Chief's office and notified that you are the subject of an investigation. An investigatory interview is one in which the employer seeks to obtain information from the employee or employees which would possibly support or not support disciplinary action against the employee or to evaluate whether the claim against you or other members of your organization is valid.

Documentation Power of the Written Word V1

Fire Engineering, 2022

EMS & Fire Documentation-The power of the written word The written word has launched a thousand s... more EMS & Fire Documentation-The power of the written word The written word has launched a thousand ships; declared an independence; started or ended a war, created contracts, written poetry, novels, classic novels and in general is a method of communication between two people or thousands of people. The written word has existed since the dawn of time with cave drawings and eventually languages finding an ability to communicate with each other. Personally, I have written thousands of words since I first learned how to write and even today, I write on a daily basis as an attorney, a medical provider or just a letter to my kids.

The N-Word, Firefighter and Free Speaech

Fire Engineering, 2022

Words Matter - is the use of the N-word by firefighters' free speech or hate speech?

Qualified Immunity for Firefighters

Fire Engineering Magazine Blogger Network, 2021

There has been quite a lot of media attention and discussion about Qualified Immunity for firefig... more There has been quite a lot of media attention and discussion about Qualified Immunity for firefighters and police officers, mostly police officers at this time. Needless to say, accompanying that discussion is some impactful litigation compelling the discussion and where your protections lie when responding to emergencies, treating patients, assisting your local police, and other on-duty interactions with your community.

Vaccine Exemptions for Firefighters

Fire Engineering, 2021

As if the vaccine mandate could not get more complicated, we are now facing the exemption conundr... more As if the vaccine mandate could not get more complicated, we are now facing the exemption conundrum as more and more public and private employers are responding to the Covid 19 vaccine mandate as proclaimed by some state governments and President Joe Biden’s declaration. We are also seeing many firefighters, other public safety officials and medical personnel pushing back against the mandates and are willing to lose their jobs as a result of it.

Vaccine Exemptions for Firefighters

Fire Engineering, 2021

As if the vaccine mandate could not get more complicated, we are now facing the exemption conundr... more As if the vaccine mandate could not get more complicated, we are now facing the exemption conundrum as more and more public and private employers are responding to the Covid 19 vaccine mandate as proclaimed by some state governments and President Joe Biden’s declaration. We are also seeing many firefighters, other public safety officials and medical personnel pushing back against the mandates and are willing to lose their jobs as a result of it.

Get the Vaccine and Mask Up

Fire Engineering, 2021

Over 600,000 Covid deaths are affecting America and in the Fire Service world, it is killing fire... more

Words Matter Mere utterance is not offensive

Fire Engineering , 2021

This article is meant to start a conversation on how we use our words to heal or harm

Mandatory Covid -19 Injections for Firefighters

Covid -19 is a worldwide pandemic. Immunizations are now on the market. Can an employer mandate t... more

Mandatory Covid -19 Injections for Firefighters

Diversity is so close, yet so far

Fire Engineering, 2020

The debate related to diversity continues to be raging across our country—not only in our firehou... more

Resiliency in the Fire Service

Fire Engineering, 2020

Firefighters are faced with daily psychological traumas including Line of Duty Death (LODD) of fe... more

It was a question from a colleague related to resiliency that prompted this article and the more ... more

The Other Side of Leadership

Successful Leaders must have engaged followers. There are some simple guidelines that guide follo... more

Leading From the Bottom Up

Success of an organization and allowing the firefighter assisting the leader of an orgnization in... more

The Other Side of Leadership

Good leaders must have good followers. Good followers have certain guidelines that will be instru... more

Preventing #MeToo Legal Fires

It pains me to have to write an article about this issue, but with the recent widely viewed broad... more It pains me to have to write an article about this issue, but with the recent widely viewed broadcast of a Supreme Court nominee accused of sexual assault when the perpetrator and victim were both in high school and the current state of affairs related to women and minorities in this country; it is an article that needed to be written addressing the elephant in the room As a father of five (5) daughters, all adults with their own families and lives, I feared for their safety as young adults navigating the difficulties of being a girl in a masculine society. Any assault, groping or other sexual overtures against them are a closely held secret among them and remains that way even today. I assume the worst and pray for the best. As a Deputy Fire Chief, I was responsible for the lives and safety of all of my firefighters as well. Creating an environment free from harassment, intimidation, discrimination and other such harmful behavior was as much important as creating a safe emergency scene. Sexual assault against women and even men is as old as time itself, where the victims of these crimes went silent about the assaults and aftermath. An event deeply buried in their memories, haunting them for a lifetime. One of the most often heard reasons for not disclosing the assault, is that " no one would believe me " , " it was my fault " and " what can I do about it now? " Empowering women to come forward to report these assaults or at least talk about it without the shame and stigma has always been a struggle for those sexually assaulted finally came into the national focus with the MeToo movement in 2006 with the phrase used by Tarana Burke to empower women of color through empathy, especially young and vulnerable women who have experienced sexual abuse, particularly within underprivileged communities. In October 2017, Alyssa Milano encouraged using the phrase as a hashtag to help reveal the extent of problems with sexual harassment and assault by showing how many people have experienced these events themselves. Women make up approximately 51% of the US population and 1 in 3 have reported sexual assault and are unable to talk about it. Men also have experienced sexual assaults (1 in 6) and also are unable to talk about it. Since this empowering movement occurred, many women, and some men, have stepped forward declaring #MeToo in all disciplines of our workforce to include the, military, banking, technology, politics and government, sports, medicine, and in the Catholic Church. In our own sexually segregated industry (with only 3.5% of all career firefighters women) there are far too many #MeToo experiences that have been revealed through court filings and the media with sexual assault charges against fire chiefs, fire officers and firefighters brought to the light by those assaulted. As members of the fire service, we have an obligation and a duty to protect the women and men in our service as they are our sisters, brothers, sons and daughters, nieces and nephews. Would you be outraged if you came home from a shift and found your son or daughter crying declaring they have been sexually assaulted, harassed or intimidated? We cannot control other industries or those workers in their actions, however, we can control our own industry and prevent the seemingly incessant reporting's of bad sexual behavior on the part of our staff and firefighters.

Presumptive Illness.docx

It is well recognized that firefighting is a dangerous occupation. In addition to the trauma or c... more It is well recognized that firefighting is a dangerous occupation. In addition to the trauma or cardiovascular events killing or injuring, a slow and insidious enemy has been stalking firefighters for many years and although the injury is not immediate, the effects appear many years after exposures, are long lasting and may lead to the early demise of the firefighter as documented in numerous firefighter deaths from cancers.

Reflecting On My White Privilege

America is in a crisis of discrimination and how white privilege has affected my life, career, fa... more

Cyberbullying in the Fire Service

by John Murphy and Beth Murphy

Cyberbullying Tragedy has a strange way of clarifying a tough issue especially with the tragic de... more

The N-Word, Firefighters and Free Speach

Fire Engineering, 2022

Word matter and is the use of the N-word hate speech and protected under the First Amendment and ... more