Six former firefighters-James Schnabel, Kamrin Dooley, Mike Carlson, Randall Nyberg, Jeff Campbell, and Oscar Lopez-of the Hulapai Valley Fire District in Kingman, Arizona, claimed that the fire district and its fire chief, Wayne Eder, fired them in retaliation for exercising their First Amendment right to free speech and association. All of the firefighters belonged to the United Professional Firefighters of Kingman, International Association of Firefighters (IAFF) Local 4191. At the time of the terminations, morale was low at the fire district. This condition was based in part on certain firefighters’ unhappiness with the chief. The terminated firefighters were members of the group that was dissatisfied with the chief and the environment at the fire district.
Firefighters Schnabel and Dooley began compiling, in e-mail form, a list of concerns departmental employees raised regarding the fire district and its leadership. According to the firefighters, the concerns addressed issues of public safety, firefighter safety, departmental mismanagement, staffing, pay, and misuse of departmental and district funds.
Schnabel and Dooley circulated the list of concerns to other department employees to solicit additions. Captain Jason Scott received the list by e-mail and printed a copy for the chief. Scott believed that all six of the terminated firefighters were involved in preparing the list. In late August 2006, Nyberg discussed with Scott the possibility of having a departmental meeting to address the list of concerns. Nyberg alleged that Scott stated that any attempt to organize such a meeting would only lead to Schnabel’s termination and the termination of anyone who spoke up at such a meeting. Scott denied that he told Nyberg that anyone speaking up would be terminated.
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