A death raises questions

Family, friends, co-workers and the community gave a Martin County fire chief a firefighter's funeral last week, a send-off recognizing his 18 years in the department. But questions surround the death of Fire Rescue Battalion Chief Charles "Chip" O'Hara, 37, who died in an off-duty boating accident on the Intracoastal Waterway. His personal watercraft collided with a ski boat driven by another firefighter and friend, Walter Rothe.

Accounts of witnesses in a preliminary state report indicated that horseplay on the water between the two may have been a factor in the crash. The ski boat hit Chief O'Hara after he cut in front of it, throwing him into the water, where the boat propeller inflicted severe cuts on his leg. According to the medical examiner, the injury apparently caused his death.

Investigators found empty beer cans and bottles on Mr. Rothe's 21-foot Checkmate boat. Lab results on blood samples to determine whether either man had alcohol in his system won't be available for several weeks. Mr. Rothe's driver license is suspended because of a 2004 conviction for driving under the influence. Mr. Rothe also was convicted of DUI in 1998 and entered a plea agreement to careless driving and leaving the scene of an accident in 2000, according to court records.

While no license is required to drive a boat, however, Mr. Rothe can drive a firetruck with a provisional license he was granted for work purposes. Under state law, he can't drive an ambulance for three years after the 2004 DUI conviction. Each case of an employee with a DUI conviction is evaluated individually, according to Steve Wolfberg, Martin's emergency services director. Because Mr. Rothe had an excellent performance record with the department, he was given a second chance.

While it is too soon to draw conclusions about the accident, it is the correct time to question the emergency services policies regarding employees with DUI convictions. For example, just how many employees with DUI convictions are driving Martin firetrucks? Shouldn't the policy take public safety into account? How useful is a fire-rescue employee who can't drive an ambulance? Are others overworked to fill the gap left by the employee with a restricted license?

The department should review its policies regarding employees who have received a DUI conviction. It should be cause for suspension or dismissal, not a reduction in work. Further, allowing an employee with restricted driving privileges to drive a public vehicle seems risky.