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Council to try to extinguish fire dept. controversy
Senior Reporter A Brainerd firefighter's grievance following disciplinary action questions whether employee perks are misuses of city resources. In response, city officials question whether the motivation behind the grievance is an effort at retribution for the discipline.
In August, Charlie Dunemann, International Association of Fire Fighters local union president, filed a grievance to determine if discipline imposed was appropriate on behalf of Lance Davis.
Davis was the Brainerd firefighter who was disciplined after using a fire truck July 3 while he was on duty to fill what Dunemann described as a kiddie pool.
In the grievance letter, Dunemann agreed Davis withdrew and withheld information when he was first contacted by the Brainerd Police Department about the pool filling, but said Davis later came forward. Dunemann said the suspension was excessive when the water cost to the city for the pool filling was what he estimated to be $3. The city reported Davis was suspended for two shifts, or 34 hours, without pay and the water amount used equaled 2,000 gallons. An initial suspension of three days, or 72 hours, was negotiated to the two-shift suspension.
A Brainerd area pool and spa a business reported a 12-foot above ground swimming pool that is 4 feet deep holds about 3,000 gallons of water.
In its disciplinary suspension notice to Davis, the city said the lapse in judgment to use the fire truck to fill a personal swimming pool during a work shift was "substantially compounded" by fabricating a story as a cover-up and by concealing lies told to a police investigator during formal questioning.
In the grievance letter, Dunemann stated Davis previously reported concerns of the "misuse of city resources" but Brainerd Fire Chief Fred Underhill wasn't concerned about them.
Issues noted included using department washing machines for personal items, using a fire truck for a private birthday party and a private group, and putting personal garbage in a city Dumpster.
"It is no wonder how Mr. Davis would come to the conclusion of filling his (kiddie) pool for July 4th, would not become an issue," Dunemann stated. In the grievance letter, Dunemann said the initial complaint about Davis came from an employee who once went to a scene, where the fire department was assisting law enforcement, after having consumed alcohol.
Underhill, in a written response to the issues brought up in the grievance, questioned the motivation behind Dunemann's letter and whether it was a way to deflect the spotlight or get back at those who reported the pool filling.
Underhill agreed the washing machine was used by employees for special items, like a sleeping bag, and the employee who dumped personal garbage was talked to and no longer works at the department. Underhill said no one lied about those previous issues.
During Monday's city council meeting, the city expects to schedule a special meeting to review fire department issues.
In an Aug. 25 city memo to Davis from Administrator Dan Vogt and Underhill, the Brainerd Police Department investigation was quoted where Davis repeatedly denied using the truck to fill a pool at his residence about 10:15 p.m. when he was on duty during formal questioning by police officers. In his first statement to an investigator, Davis denied filling the pool and said it was against policy to do so.
"We don't fill swimming pools," Davis was quoted in his statement.
As for the past issue of the use of alcohol, Underhill said the incident was at least 15 years old and the employee, Assistant Chief Kevin Stunek, was reprimanded with time off and the case closed. Stunek originally reported Davis for the pool filling incident.
Reached by phone Friday, Underhill said he was disappointed Stunek's name was brought up at all in this situation. In his letter to the council, Underhill said Stunek "is one of the best fire ground commanders that a fire chief could have on the scene as a team member."
In regard to using the fire truck for a birthday party, Underhill's written report states he viewed it as a community request as a young paraplegic boy with health issues requested being able to sit in a fire truck for his birthday. Underhill said he authorized the use, which was requested and carried out by Stunek. In the second fire truck use, Underhill said a dunk tank was filled for an event and it was pre-approved where no one lied about it or tried to cover it up. Underhill said the filling of dunk tanks has been a community service the department has provided for years.
In a memo to the city council, Vogt said issues in the grievance letter referring to fire department employees being able to wash their vehicles, park personal vehicles in the fire station, thaw out frozen vehicles and perform oil changes have gone on for many years.
Vogt said Davis appears "selective" in regard to issues he considered misuse and said Underhill raises a good point about the motivation in bringing up issues related to Stunek. As for the issues Dunemann and Davis raise in the grievance letter, Vogt reported to the council that Underhill adequately responded to each issue and based on current policy no further action was necessary.
Vogt said the grievance letter does bring up a bigger problem about use of city vehicles, facilities and equipment. By city policy use of all three is strictly for city purposes and not for personal use by city employees unless approved by department heads. Vogt stated in a memo to the council that a portion of the policy should be rewritten.
"Unfortunately, the language gives too much freedom to department heads regarding its interpretation," Vogt wrote in his memo. "I feel that this provision should read that only very limited use of city vehicles, facilities and equipment should be allowed upon approval by the department head. ... As long as the policy remains worded as it is and without clear direction from the city council as to the intent of the policy, we will likely continue to get the kinds of complaints noted in Mr. Dunemann's letter, especially at the fire department as this appears to be the only department with this issue."
RENEE RICHARDSON may be reached at renee.richardson@brainerddispatch.com or 855-5852.
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