KANSAS CITY, Mo. — Kansas City, Missouri, city attorneys have been instructed to challenge an arbitrator’s ruling made earlier this month in the case of a KCFD firefighter involved in a deadly crash in 2021.
Dominic Biscari was behind the wheel of a KCFD pumper truck in the deadly 2021 crash in Westport that killed three people.
Earlier this month, an arbitrator in a grievance filed by Local 42 on behalf of Biscari against city officials affirmed an earlier award to Biscari, granting him full back-pay and allowing him to return to driving fire trucks, among other considerations.
On Thursday, Mayor Quinton Lucas and the City Council directed attorneys to challenge the award, including all the way to the Missouri Supreme Court if necessary.
“While we support our employees, we believe there must be consequences to unlawful actions committed while on duty,” Lucas said Thursday. “The City must remain committed to public safety and accountability.”
Thursday’s announcement isn’t the first time city leaders have balked at an outcome in the case.
Arbitrator Leland Shurin initially made his award in March 2024, prompting city officials to challenge the outcome in April 2024.
In both cases, city officials claim Shurin addressed issues beyond the scope of the grievance, mandated discipline for unresolved matters and violated legal precedent.
“At the direction of the Mayor and Council, the City Attorney’s Office will continue to challenge the arbitrator’s conclusion at the trial level, and, as necessary, up to the Missouri Supreme Court,” Lucas said Thursday. “I continue to extend my condolences to the families, coworkers and friends of Jennifer San Nicholas, Michael Elwood, Tami Knight, and all who loved them.”
On Wednesday, KSHB 41 News reporter Rachel Henderson spoke with Laura Norris, who knew San Nicholas and Elwood from Norris’ restaurant, Ragazza.
"We don't think Dominic should walk away from this unscathed at all. He killed three people," Norris said. "It's shocking, it really is."
In May of this year, a council committee rejected a proposed $915,000 settlement with Biscari in the case.
Norris and other staff members attended the committee meeting in protest of the settlement.
Biscari pleaded guilty to three counts of second-degree involuntary manslaughter in February 2023 and was sentenced to three years of probation.
Local 42, the union representing KCMO firefighters, filed a grievance in March 2023 over Biscari's suspension without pay pending the outcome of his criminal case.
On Wednesday, Local 42 said it was “satisfied with the final arbitration award.”
“The arbitrator’s findings revealed some procedural missteps in how the City handled the matter from the beginning, particularly its failure to provide the protections guaranteed by the collective bargaining agreement and long-standing City policy,” the union said. “The arbitrator’s ruling was detailed, well-reasoned, and based on the facts in the record. We hope that if the court confirms the award, the City will honor it promptly and fully, without the need for more legal proceedings.”
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