King George Fire Fighters Defend their Right to Speak
Members of the local chapter of the International Association of Fire Fighters addressed supervisor's suggestion of "disciplinary action" for public budget advocacy.
By Adele Uphaus
MANAGING EDITOR AND CORRESPONDENT
Email Adele
Members of the King George chapter of the International Association of Fire Fighters (IAFF Local 4438)—supported by members of Prince William, Stafford, Spotsylvania, Orange, and Winchester chapters—spoke in defense of their First Amendment rights at Tuesday’s Board of Supervisors meeting.
The membership turned out in response to comments made by some of the supervisors at the April 11 budget work session. The comments hinted at retaliation against the Local 4438 president, Triston Beverly, for writing a letter expressing concern about the proposed budget for the fire, rescue, and emergency services department.
The letter, which Beverly wrote “on behalf of” the association, was sent to supervisors and posted to the Local 4438 Facebook page on April 11. Beverly wrote that the cuts—information about which is public and posted on the county’s website—“if enacted, will significantly impact public safety, operational readiness, and the health and welfare of our firefighters.”
He specifically mentioned proposals to cut $45,500 from the budget for travel and training, leaving $4,100; cut $39,000 from the budget for uniforms and protective gear, leaving $61,720; and eliminate funding for public fire prevention education.
Though not mentioned in the letter, County Administrator Matthew Smolnik’s proposed budget also cuts $100,000 from the budget for overtime salaries, which Beverly said in an interview with the Advance would put the department “at risk of leaving stations understaffed or having people respond [to emergencies] alone.”
He said this has happened as recently as two weeks ago, when a fire truck had to respond “driver only” to a working structure fire in Dahlgren. “Luckily, the Navy base was there to help out,” Beverly said. “We really should have four people on the engine.”
In his letter, Beverly said the training budget covers the recruit academy, “which is essential to safety and successfully preparing new hires for duty.” He said that reducing the budget for gear will leave staff “at higher risk for long-term occupational illness, including cancer.”
The letter concluded, “I respectfully request the Board to reconsider and reinvest in the operational strength of King George Fire, Rescue, and Emergency Services. Please know that Local 4438 stands ready to work with you and assist however we can in advocating for the safety and security of our community.”
“There needs to be some disciplinary action”
At the April 11 budget work session, Smolnik referred to Beverly’s letter and said he’s proposing that the department use state money provided through the Virginia Fire Fund to pay for the budget items being reduced.
This pot of money is funded by 1% from insurance premiums and dispersed to localities based on population. Smolnik said King George will receive $136,950 from this fund in fiscal year 2026.
“My position on this is if we have $136,000 to pay for PPE, gear, and training, we should use the free money first, [instead of] using the taxpayer money,” Smolnik said.
Other supervisors then said Local 4438 should be reprimanded for having posted Beverly’s letter on its Facebook page.
“There needs to be some sort of disciplinary action taken on this,” said Kenneth Stroud, the James Madison district representative. “Whenever they post this on Facebook, they’re attacking us.”
T.C. Collins, the James Monroe district representative, said county employees “cannot put out that type of stuff without it going through the [fire chief and county administrator].”
“They need to be held accountable for what they’re doing,” he said. Later, addressing Fire Chief David Moody, Collins said, “I’m telling you manage them. They need to stop doing some of their actions and follow [standard operating procedure] and follow personnel policies.”
Moody said he saw the letter and thought “it was written respectfully.”
“I didn’t see anything derogatory,” he said. “I think they’re advocating for a robust budget to provide services to the community. It is in good intent.”
Moody said it’s his understanding that members of the association have the right to express themselves and asked for further guidance about “what I’m supposed to enforce.”
William Davis, the Dahlgren representative and current Board Chair, said the association members “are [Moody’s] employees regardless of what little group they’re in.”
Beverly told the Advance that he planned to speak in public about his concerns regarding the budget at the board’s April 15 meeting, but decided against it because he felt he was being threatened with retaliation.
“When you’re facing the possibility of losing your job—the thing that feeds your family—it’s really hard to go out and do that,” he said. “They silenced my first amendment right to speak out on matters of public concern. Without organizations like ours and without people speaking out, the community is not going to hear about important issues that affect safety and well-being.”
In emails to Stroud and Collins sent this year and last year, which Beverly shared with the Advance, he explained that Local 4438 is not an entity of King George County and that when he speaks during public comments, he does not represent himself as an employee of the county, but as president of the Local 4438.
“To imply retaliation is not leadership, it’s intimidation”
At Tuesday’s meeting, members of Local 4438 spoke in defense of the IAFF—which has 10,000 members in Virginia who provide fire protection and emergency medical services to 80% of the state’s population—and its advocacy for national issues such as the passage of the Social Security Fairness Act and local issues such as negotiating a contract between Mary Washington Healthcare and Cigna.
They also spoke in defense of their right to free speech as public employees.
“I am deeply concerned about the desire of some of this board to discipline the president of Local 4438 for educating the public about proposed budget cuts to fire and rescue,” said Brian McGee, a King George resident and member of the association.
James Morris, a King George resident and 44-year member of Fairfax County Professional Firefighters and Paramedics (IAFF Local 2068), referred to Virginia’s Firefighters and Emergency Medical Technicians Procedural Guarantee Act, which lays out the rights of firefighters and EMTs when they are subject to interrogation.
Beverly said that the First Amendment “doesn’t protect only easy and agreeable speech.”
“It protects speech that holds power accountable and makes those in authority uncomfortable,” he said. “To imply retaliation for social media posts—that’s not leadership, that’s intimidation, and it’s unconstitutional.”
Beverly referred to several U.S. Supreme Court cases, such as Pickering v. Board of Education, which protects the right of public employees to speak on issues of public importance without being dismissed from their positions, and New York Times v. Sullivan, which allows for public debate about government officials.
“You may not like what I had to say and that’s fine, but using insults and pressure to silence speech violates both the Constitution and public trust,” Beverly said.
Another speaker referenced the U.S. Fourth Circuit Court of Appeals decision finding that Facebook is a public forum and that First Amendment rights are protected there.
In an interview with the Advance, Beverly stressed that regardless of what happens with the budget or with the relationship between the Board and Local 4438, “our firefighters and EMS personnel are still going to show up for our community and we’re going to do our job to the best of our ability with full commitment and professionalism, because that’s what we got into this business to do.”
This story was updated on May 9 to correct the spelling of a name and local membership affiliation.
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GREAT article. I can hardly wait to see what happens next. I hope the fire fighters have their funding restored - public safety depends on it!
Good for them for standing up for themselves and for you to report it.
God, I hate bullies.....