SAN JUAN COUNTY FIRE DISTRICT NO. 2

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Phalan is a fire commissioner and an EMT

posted 01/12/02
For about 45 minutes yesterday morning (Jan. 11, 2002), Bob Phalan was not an EMT. Under a resolution adopted in Dec. 2001, San Juan County District No. 2 Fire Commissioners cannot be EMTS. After he was sworn in as a commissioner, sixteen people spoke in favor of allowing him to continue as an EMT. After the public comment portion of the meeting, Fire Commissioner Harvey Olsan put an end to the controversy by making a motion to rescind the Dec. 2001 resolution. The motion passed 2 to 1.

"I'm really relieved," said Phalan after the meeting. "I wanted it over today for my family's sake." Phalan has been an EMT for five years. During his 2001 campaign, he told voters he planned to continue as an EMT if he was elected. A 1998 resolution approved by the fire commission allowed commissioners to also serve as firefighters or EMTS.

Fire Commission Chair John Erly opposed the idea of anyone serving in the two capacities simultaneously. He said he found it to be unworkable when he did it himself in 1998. At the outset of the Jan. 11, 2002 meeting he said, "For 20 years in the Marine Corp I followed my conscience; for 23 years in a major corporation I followed my conscience; and for 40+ years as a married man I've followed my conscience. " He told the more than 50 people in the audience he would continue to follow his conscience even if no one else agreed with him.

After the Nov. 7, 2001 election, Commissioner Duff Andrews who had lost to Phalan, submitted a letter of resignation. In December, he came back on the commission and made a motion to pass a resolution banning the dual roles. The motion passed unanimously on Dec. 3, 2001.

During the Jan. 11 meeting, audience members recited sections of the Revised Code of Washington (RCW) which state a resignation goes into effect on the date it is submitted. According to the RCW, Andrews was not a commissioner when he made the motion. Olsan told the group, the commission was operating under the assumption since they had not voted to accept the resignation it was not final.

Residents asked the commissioners to honor the will of the voters. Carole Grumney said, "Honor the results and abide by the election results. Taxpayers provide the wherewithal for the district and deserve respect. People are not happy with a post-election policy change."

Errol Speed said to Erly, "You were given chance and choice to have dual roles. Have respect for the community decision and allow Bob to make that choice."

One of the issues during the public comment period was whether Erly had signed the 1998 resolution allowing for dual roles. Erly apologized for previously stating he had not signed it. "I do owe an apology," he said" I accepted what I read in the paper. The paper said I hadn't signed it and I believed it."

After the public comment period, Olsan, who had just returned from New Zealand, said he had given the matter a lot of thought over the past five weeks while he was gone. "We did not repeal in a timely fashion. I supported the motion (Dec. 2001) out of respect for John...I think the time to have done it was back in 1998. We didn't know and waited too long," he said."I make a motion to rescind the Dec. 3, 2001 approval of policy 2001-38."

Phalen seconded the motion. Olsan and Phalen voted for it. Erly voted against it.