SAN JUAN COUNTY FIRE PROTECTION DISTRICT #2
MINUTES OF COMMISSIONERS MEETING
August 10, 2004
The August 10, 2004 meeting of the Board of Commissioners of the San Juan County FPD #2 was called to order by Chairman Harvey Olsan at 7:30 P.M. at the Eastsound Headquarters. The meeting was attended by Commissioners Clyde Duke, Bob Phalan, Interim Chief Eimers, and members of the public.
MINUTES:
A motion was made by Commissioner Olsan and seconded by Commissioner Duke that the 7/13/04 of the regular meeting of the Board of Commissioners be approved as read. Commissioner Phalan discussed his requests for additions to portions of the minutes. The matter was tabled until he had a chance to review his data. The matter was subsequently brought to a motion again later in the meeting. After extensive discussion a second motion was made by Commissioner Duke and seconded by Commissioner Phalan to approve the 7/13/04 minutes with the three revisions offered by Commissioner Phalan, one of which is an editors note. The motion was voted upon and approved, with Commissioners Phalan and Duke voting "Aye" and Commissioner Olsan voting "Nay". The motion carried.
Discussion: Commissioner Olsan objected strenuously to the parsing of the language of the minutes by Commissioner Phalan. He reminded the Commissioner that the minutes are a summary of the actions of the Board and the changes suggested would not change the essence of the minutes. If the Commissioner wished he could hire a reporter to prepare a transcript at his own expense. He objected to the time expended on this issue which he viewed as not in the best interests of the district, and stated that the changes requested have no effect on the direction of the district. Commissioner Phalan countered that it was important to him to have specifics added as editorial notes for historical accuracy. Commissioner Phalan stated that in the future he would bring requests for revisions to the meeting minutes to the Board of Commissioners directly.
A motion was made by Commissioner Olsan and seconded by Commissioner Duke that the 7/14/04, 7/20/04 and 7/22/04 minutes of the Special meetings of the Board of Commissioners be approved as read. The motion was voted upon and approved unanimously.
FINANCIAL REPORTS:
A motion was made by Commissioner Olsan and seconded by Commissioner Duke to approve the July General Fund vouchers 22058-22110 in the amount of $79,560.93. After discussion the motion was voted upon and approved unanimously.
The cost of EMS jumpsuits varied due to additional expense for any unusual size variations.
The Commissioners concurred they understood that the Leoff II pension payment that was authorized with those approved at this meeting for Interim Chief Eimers was paid, as required by State law, in addition to the matching contribution to the Nationwide Pension Retirement as agreed in his contract as Interim Chief. A memorandum of the cost of the Leoff payment was attached and incorporated by reference.
A motion was made by Commissioner Olsan and seconded by Commissioner Phalan to approve the Revenue Fund vouchers 22111-22118 in the amount of $2,920.09. The motion was voted upon and approved unanimously.
There was discussion of line item 522-50-62 which has a balance of approximately $41,000 remaining. Captain Spencer noted that among those projects not yet addressed this year, but budgeted, are repairs to the generator switching at station 21, station 23 flooring, upgrade of station 23 to sleeper station, and pre-planning for construction at station 24.
CORRESPONDENCE:
1. July 26, 2004 Waivers of Compensation from Commissioners Clyde Duke and Harvey Olsan effective immediately and through they remainder of their terms.
2. A letter of July 23 2004 from Washington Surveying and Rating Bureau confirming our current Rating Class 6 with a validation certificate attached. A copy of the letter & certificate are attached and incorporated by reference.
3. A letter of June 15, 2004 from Judi Madan requesting that her services with CISM (Critical Incident Stress Management) be supported by the department and entitle her to the benefits of department membership. Interim Chief Eimers noted the matter had been discussed previously, should be addressed during the Strategic Planning process and that he had sent her a reply reflecting this information.
CHIEF, EMS SUPERVISOR and SAFETY and EDUCATION REPORTS
The monthly reports by Interim Chief and EMS Division Chief Eimers and Fire Safety & Education Report of Max Jones were read. Copies of the reports are attached and incorporated by reference. There was no report from the Firefighter/EMT Association
Commissioner Phalan inquired whether Max Jones was paid directly for her time during her recent wildland fire response with Capt. Dimich. The District will be paid for the fire equipment,($2,721.60), for the recent deployment. The individuals deployed will be paid directly. Max Jones uses "comp time" (Ed. Note: or vacation time) for her deployment hours.
Commissioner Phalan inquired why the FF/EMT Association was paying for new maps. He felt the costs should be paid by the district.
PUBLIC COMMENT:
Former Commissioner John Erly expressed concern that individual commissioners might attempt to change minutes without approval of other Commissioners. He also expressed concern about releasing district equipment for a wildland fire in another part of the state, when the local fire danger is so high.
Commissioner Duke advised the public that the Board Secretary posts any changes to minutes drafts to other Commissioners. Commissioners are provided with initial drafts for their review as soon as the minutes are completed. The minutes are approved at the open public meeting.
Mike Damoth concurred with John Erly that the District should reconsider sending new equipment on wildland fire deployment.
Commissioner Phalan commented that the Commissioners had unanimously agreed to send equipment with volunteers on wildland fires when dispatched. He stated it was valuable as training and cooperation between districts.
OLD BUSINESS:
1. Strategic Planning:
Commissioner Olsan announced the names of the participants in the Communications committee which he will chair. The members will include:
-
Elise Vander Bosch
Max Jones
-
Joe Symons
- Chris Thomerson
2. Chief Search Status Report: Interim Chief Eimers read his memorandum regarding the budget status of the Chief selection process, a copy of which is attached. It is hoped that the finalizing of the contract negotiations will be completed shortly.
A summary of the budget expenditures was provided and reviewed. Commissioner Duke indicated that the costs included the clerk position, travel time and costs, overtime for the Administrative Assistant and candidate lodging and meals. He noted that Garth Eimers donated the use of his plane which facilitated the visits to potential candidates.
3. Volunteer Physicals:
Chief Eimers reported that this issue has been tabled pending the outcome of the Strategic Planning and budget process. There is still a need to determine the physical standard to be used.
4. Parking Lot excavation:
Chief Eimers has reached agreement with Bruce Wiscomb of Orcas Excavators for the soil removal at $8/cubic yard. He will begin the process in September.
RECESS CALLED AT 8:30 P.M. (5 MINUTES)
MEETING RESUMED AT 8:35 P.M.
5. DNR mapping:
There was no additional information regarding the DNR mapping at this time.
6. Pending Litigation:
Commissioner Olsan referenced the motion passed at the Regular Meeting of the Board of Commissioners in the matter of Phalan vs. Eimers & Bennett et al, San Juan County Superior Court Case # 04 2 05107 1. That motion approved the defense and indemnification of former Chief Bennett and EMS Chief Eimers in the course and scope of their employment and if the actions taken were in good faith.
Mr. Olsan read the following two memoranda from Frank J. Chmelik and Williams G. Mitchell of the law firm of Chmelik Sitkin and Davis which address pertinent issues.
- Good Faith Standards
- Criminal Records Privacy Act
Copies of the memoranda are attached and incorporated by reference.
Commissioner Phalan asked why the information was read in public. Chairman Olsan responded that the Fire District is defending former and current district employees and the one memorandum addresses the substantiation of good faith which must be presumed, ie. at Pg 2, paragraph 4, "Generally, a public officer's motivation in the execution of his official duty is virtually presumed to be in good faith: '(w)hile the acts of officials will be set aside on the ground of fraud or mistake, every reasonable intendment of good faith and regularity will be indulged where they appear to have acted within the scope of their powers."
NEW BUSINESS:
1. Chief Search Committee Dinner:
Chief Search Chairman Duke reminded the Commissioners he would like to have the district provide an appreciation dinner for the Chief Search committee members. Pam Harney will review with the Washington State Auditor the permissible expenditures for this purpose. A pot-luck dinner was considered as an alternative.
2. Extension of Commissioner and Firefighter/EMT Association Agreement for direct reporting to the Board of Commissioners:
A motion was made by Commissioner Olsan and seconded by Commissioner Phalan to extend the agreement for an additional 90 days.
3. Mutual Aid:
Commissioner Phalan brought up several issues of the insurance impact on the district of actions taken by department members off-island.
Interim Chief Eimers reported he checked with Baldwin Resource Group, and found there was no potential problem with any district member responding to an active call whether in or outside of the district. However, a boat would not be covered under our existing policy unless it was commandeered. Chief Eimers noted there were the two instances where insurance coverage could have been an issue; one (instance) was an agency assist request from the Park Rangers on Sucia Island which did not take place. Another was a transport to a mainland hospital of a department member by private plane owned by a department employee. In each case the District Chief, or his designee, may limit the amount of assistance to protect against over-exposure. The actions of the district members were consistent with the philosophical approach of the district, according to Chief Eimers.
Commissioner Phalan stated he was in favor of doing this aid but wanted to make sure there was coverage.
It was recommended that a Standard Operating Procedure be established to cover sending a paramedic off-island.
3. Document Production:
Commissioner Olsan noted that on June 8, 2004 Commissioner Phalan requested a number of items, including time sheets and approximately 12 personnel folders. There was no indication whether the information sought was for the personal use in his litigation or to facilitate board management of the district in which case the requests should be discussed as a Board. The only requested item provided to Mr. Phalan at this time was his own personnel file. Commissioner Olsan read the memorandum dated 8/2/04 from our attorney, Frank Chmelik regarding "Municipal Research and Services", a copy of which is attached and incorporated by reference. The concepts included:
1. "..affairs of the district shall be manage by a Board of Commissioners…"
2. Commissioner Phalan's litigation against a current and former district employee and defended and underwritten by the District requires that he be certain he does not request information for the purpose of advance his lawsuit.
3. Mr. Phalan, as a citizen, may request records under Public Disclosure Act RCW 42.17
Commissioner Olsan suggested that reasonable guidelines need to be developed which follow State code requirements and protect personnel records. Commissioner Phalan stated that he contacted Mary Tennyson of the Washington Attorney General's Office seeking information on whether a council member should have greater access to public records than the public. Her response was "…a councilmember has greater access to public records than does the public. However, a councilmember's access should relate to the duties of that office." Mr. Olsan asked Commissioner Phalan if he informed Ms. Tennyson that he had filed an action against two employees of the Fire District where he was an active Commissioner. Mr. Phalan responded "no".
Commissioner Phalan has tabled his request for documents until the August 31, 2004 Special Meeting. It will be added to the agenda for that meeting.
4. FIRE HOUSE reporting system upgrade:
A memorandum was submitted by Administrative Assistant, Pam Harney regarding the need to upgrade the Fire House program software from 3.5 to 5.0 in order to have the ability to submit the NFIRS (National Fire Incident Reporting System) reports on a regular basis as is required by two active grants, a fire grant and a wildland grant. At this time we are out of compliance with NFIRS. Chief Eimers reported that the funding for Fire House update is not budgeted, however, the funds could come from line item 522-10-49, which has unspent funds for budgeting of a software program for inventory control and is sufficient to cover the costs of upgrade, $2595. The annual charge for the support system will be $595 and will be budgeted. A copy of the memorandum is attached and incorporated by reference. Captain Spencer advised the board about the grants which contain clauses requiring the NFIRS reports.
A motion was made by Commissioner Phalan Commissioner Phalan and seconded by Commissioner Duke to approve the acquisition of the 5.0 Fire House program. The motion was voted upon and approved unanimously.
RECESS CALLED AT 9:20 P.M. (5 MINUTES)
MEETING RESUMED AT 9:25 P.M.
PUBLIC COMMENT:
Former Commissioner John Erly complimented the Commissioner's selections for the Communications committee of the Strategic Planning.
Mr. Erly also reported that all the court documentation regarding the Phalan misdemeanor charges can be purchased from the Court Clerk for $62.00.
LOCAL BOARD OF VOLUNTEER FIREFIGHTERS :
The Local meeting of the Board of Volunteer Firefighters was called at 9:45 P.M.
Note: The local Board minutes are prepared and kept under separate cover.
The local meeting adjourned at 9:53 P.M.
ANNOUNCEMENTS:
August 31, 2004 7:30 PM Special Meeting of the Board of Commissioners-Headquarters Station-Work/Study session. The agenda will include access to personnel files (ed. document production); Chief search; financials regarding final changes on new pumpers and surplus of an engine.
September 13, 2004 7:30 PM RESCHEDULED Regular Meeting of the Board of Commissioners-Headquarters Station - (changed due to Primary Election on September 14th)
There may be an additional Special Meeting scheduled to announce the selection of a new Fire Chief.
EXECUTIVE SESSION:
The meeting was adjourned to executive session at 9:55 P.M. The executive session was called pursuant to RCW 42.30.110 (g), to evaluate the qualifications of an applicant for public employment or to review the performance of a public employee. The regular meeting resumed at 10:59: P.M. There were no decisions made or actions taken during the executive session.
ADJOURNMENT:
There being no further business a motion was made by Commissioner Olsan and seconded by Commissioner Phalan to adjourn. The regular portion of the meeting was adjourned at 10:59 PM.
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