THE EAR IS HERE
by Betty Bean

City fires heroic firefighter

For more than 43 years, the Knoxville Fire Department was Harold Owenby’s life. He describes his job like this:

“Putting out fires and saving lives.”

But that’s being modest. One of the most decorated firefighters in the city’s history, Owenby faced down countless walls of fire and is credited with rescuing more than 50 people over the course of his career. He served as a captain for 32 years, longer than anyone else in the department – until last year, when he was given the choice of termination or involuntary retirement for health reasons.

He chose termination.

Because he was fired, Harold Owenby receives no pension and has no health insurance.

Contrast Owenby’s treatment with that of Assistant Chief Charles Hansard. Five years older and fighting cancer, Hansard has not been asked to retire or relinquish field command of firefighters. He was the initial incident commander at the McClung Warehouses fire earlier this month, although he had left the scene before the most damaging fire broke out.

“Different circumstances,” said Margie Nichols, senior director of communications and government relations for the city.

“A physician actually said Captain Owenby wasn’t fit for duty. They have a letter on file for Chief Hansard saying he is fit for unrestricted duty.”

Owenby responded: “I think they should take us out to the drill school and put us through some of the tests for the yearly physical. That would answer a lot of questions.”

Although Owenby, 67, suffered a heart attack in 1998, he had angioplasty, went through rehabilitation and was cleared to return to work the following year. He did his job with no problems until Feb. 16, 2006, when he was notified that they wanted him to leave.

“That’s when I got that letter (from the city law department) saying that I shouldn’t be a firefighter,” Owenby said. “But I’m stubborn and I don’t believe in quitting.”

Because he refused to give in, he was terminated in July. In September, that stubborn streak led him to Duke University Medical Center where he was examined by Dr. Christopher M. O’Connor, a cardiologist and medical school professor who put him through a complete physical plus a series of stress and endurance tests and pronounced him fit to return to work.

“We see no reason he cannot exert himself as much as he wishes, including job related responsibilities,” O’Connor said. Test results document that Owenby can dead lift 500 pounds and generally outperform his age group in sit-ups, reach, endurance and the mile run.

Owenby’s challenge to his firing is working its way through the civil service process, but Jim Flanagan, a retired firefighter who worked with Owenby, keeps wishing that things were different.

“You ain’t got enough room in the Halls Shopper to talk about Harold Owenby,” Flanagan said.

“He does not have a pension or any income coming in from the city. He needs support, he needs help. Harold’s probably the greatest firefighter that ever came through there. I worked with him for 27 years, and I know firsthand.

“He’s entitled to a pension. If he’s able to go back to work, that’s fine – but I’d like to see him get the recognition he deserves. You work 44 years in one place, and all of a sudden they come in and say ‘Here are your retirement papers, now sign them?’ The bottom line is this: his life and his soul were in that job. That’s what he lived for. And for them to just kick him out the door like garbage?

“They’re destroying a guy who is a true hero.”

Another longtime firefighter, Red Lowe, echoes Flanagan’s sentiments:

“Harold Owenby’s exactly what every young fireman wants to be when he grows up, and what every old fireman wishes he had been,” said Lowe, who has put in 32 years at KFD. “You call any fireman out there and ask them their opinion of Harold Owenby. If they tell you the truth, they’ll tell you he’s the best there ever was. If I had a loved one trapped in a burning building and I could only call one person to get them out, it’d be Harold Owenby. He’s pulled more people out of fires than anyone alive.”

Owenby’s troubles may stem from several run-ins he’s had with KFD administration over the years, dating back to 1990, when he sued the city on a charge that a test he had taken to become an assistant chief had been tampered with. After his heart attack, he fought the city on a worker’s compensation issue, and won his case after years of effort.

His friends believe his unwillingness to back down played into the decision to force him out.

“The way most people become chief is to pucker up and attach themselves to some politician. Harry Owenby didn’t play that game. He’s far from a troublemaker, but he won’t be pushed around,” a firefighter said.

Owenby charges that the city law department violated his privacy rights in 2006 when it sent a medical file to the osteopath who does annual health screenings for the fire department. He was not notified of this action. The file contained a negative report from a local cardiologist who was accustomed to dealing with patients who were seeking disability benefits.

“Although he relies on his staff to provide a very basic and brief examination, he certified in a written statement on June 30, 2005, that I was 100 percent physically fit for performing my job as a captain in the Knoxville Fire Department,” Owenby said in a written statement. “On Feb. 16, 2006, he wrote a letter to the (fire chief) that I should not be fighting fires or climbing ladders. He did state however that I should be placed on ‘limited duty.’ ”

As a result of the file the fire department doctor received from the city law department, Owenby said, “I was relieved of duty on March 23, 2006, and subsequently terminated on July 7, 2006,” without being re-examined or even contacted.

Margie Nichols said Owenby’s worker’s comp settlement was $90,000. “He filed for it and they determined that his heart condition was aggravated by his work. … This called attention to his disease.”

After the first physician said Owenby wasn’t fit for duty, he was given a chance to get another doctor’s opinion, Nichols said. He didn’t undergo testing at Duke until after he was fired, and that doctor didn’t have his medical history.

“We have (since) sent him the files and he knows the history, but the Duke doctor won’t call us back,” she added. “That’s why the civil service appeal is currently pending.”

Owenby says Dr. O’Connor consulted with his personal physician and with cardiologist Yatteau.

“What would be the purpose of my going all the way over there to be tested if he didn’t have all the information? He did blood tests, lab tests, urine tests, endurance tests. It would’ve been stupid to withhold anything from him.”

Others say that KFD has allowed several firefighters – including Assistant Chief Hansard and Captain Paul Dunn – to continue their careers despite serious illnesses that are far more disabling than Owenby’s controlled heart disease and mild diabetes.

“Harry is a legend in the fire department, and he took the time to train young firefighters and pass on the knowledge,” a younger firefighter said. “He was a true asset to the citizens of Knoxville.

“You could count on Harry. He worked at one of the busiest fire fighting companies in the city and has worked on more fires than anybody I can think of. The man loves his job and was very good at it.

“When the firefighters found out what happened to Harry, everybody was very upset. We didn’t feel that he was treated fairly, compared to others who have been kept on the job long past the time they can perform.”

Here’s what would happen if Jim Flanagan were mayor:

“I’m not much of a hero worshiper, but here’s what I’d do with Harold Owenby if I was in charge. I’d put him on a fire truck and have a parade down Gay Street and let the people of Knoxville know that this is one of the finest public servants this city ever had. I’d make sure he had his pension and his insurance and if he was able, I’d put him back to work.”

Contact Bean at bbeanster@aol.com