||| FROM MIA KARTIGANER, SPECIAL TO theORCASONIAN |||


I want to apologize. I volunteered to take on the arduous task of looking into what has been happening at Orcas Island Fire & Rescue (OIFR) without any formal training as a journalist. I didn’t understand at the outset how multifaceted this was or how deeply troubling it would be.

It has been to my own detriment. Perhaps the hardest part is that we live in such a small community and we all know so many of the people involved. We also now live in a world riddled with alternate facts. A world in which someone can say anything three times and it is believed to be the truth (fewer depending on your alliances). My previous article was met with some criticism regarding not asking someone to corroborate or deny something. I had received the information from several different sources and still do not doubt the veracity of it.

The commissioners were quite forthcoming with information when they assumed I would be putting forth their perspective alone.

Early in my investigation I sent a text to Commissioners Tim Fuller and Rick Christmas, whom I considered my friends, pointing out some departmental issues that I found of concern. My assumption at the time was that there must be some things they weren’t aware of; I couldn’t imagine they would be okay with them. The response was harsh and cold.

In my text to the commissioners I shared a link to an article written by Gary Ludwig in firerescue1.com. Gary Ludwig is a past president of the International Association of Fire Chiefs. The article addresses the top reasons fire chiefs lose their spot. It covers improper hiring and promotion practices, codes and policies and substance abuse, among other things. My text also mentioned my concerns about unfulfilled public records requests. There are a few outstanding from early last year.

I mentioned my concern about the hiring processes of the two newest department members. Only one person was interviewed for each position by a panel who were told they were interviewing for per diem responder positions. After being approved, the positions became full time. Both new hires are associates of our new assistant chief.

It is unclear at this time whether or not they, or our assistant chief, have yet been certified by our County Medical Director, Dr. Josh Corsa, under whose license they practice. He was not included in their hiring process.

The overarching theme at the department is that questions and criticism of leadership, chief or commission, are met with bullying and threats. At this time it seems as though our entire union of responders are under investigation and have been gagged with threats of termination if they speak to the press. Or me.

In a bizarre twist of events, the commissioners (or someone) chose to release, per public records request, Scott Williams’ contract and performance evaluations from 2020 and 2021. His evaluations are meant to be exempt from public record requests. Why was he not protected?

I can’t imagine why they were released. Nor do I understand the appropriateness of some of the commentary within the context of his last evaluation. Commissioner James Helminski blames the chief’s leadership challenges on past three-person commissions, past chiefs and the “malevolent union structure” (IAFF local 3911). Yet both of the evaluations speak to Williams’ communication and leadership issues. Also noted is his lack of formal training. The second (‘21) evaluation confirms that he had not followed through on the goal set in the prior year’s (‘20) evaluation, to remedy his lack of formal training. Williams’ contract was signed in May of 2017 by a five person commission, two of those commissioners were Fuller and Helminski. William’s began as interim acting chief in 2016. What has been happening in the intervening five plus years to mitigate the foreseeable problems?

With questions from the public and concerns within the department I would expect the commission to blow open the doors, not batten down the hatches.

Why are the department employees being given a gag order? Why are union members under investigation?

At the December public meeting of the board of fire commissioners, Wes Heinmiller, in his final meeting as a commissioner announced that he had planned to share documentation to show that “XXXXX and XXXXX, in their dissension of the fire department, were attempting to gain upgraded positions and salaries for themselves”. He had also intended to share notes and emails “showing the decline of XXXXX’s civility which were vulgar, insensitive, homophobic emails and texts”. (Addressing the homophobic accusation, I believe the accuser should prove intent prior to making such statements publicly. And certainly this should be done prior to parroting it publicly.)

Without the supporting documents the aspersions were cast. Heinmiller went on to address Patrick (commissioner elect Shepler) saying “Patrick, I kept my promise to you and did not disclose your relationship with the Washington State Board of Health, but I would expect you to disclose that status and the reasoning behind it to the citizens of Orcas Island before you dare take the oath of office and signed up as the commissioner of transparency”. No documents were provided here either.

The law protects this sort of slanderous and damaging speech when elected officials use their public platform to discredit people without giving them an opportunity to respond. The December meeting was not the first instance of the commissioners publicly naming people who they see as problematic and ascribing intent to them.

At January’s BOFC meeting, in what is generally regarded as a PR stunt, Airlift Northwest was on the agenda to commend local responders for their work in response to a call the previous month. The normal venue for this is within the context of a paramedic review, never in an open meeting with the public present. The patient was identified, not by name but by other identifying information. Any identifying information is a violation of HIPAA. Despite public outcry the board has declined to acknowledge or apologize for their part in this violation.

When Hilary Canty was disciplined for questioning the chief about volunteer recruitment and training, she had a hearing with the chief in which he refused to engage with her. Commissioner Helminski said that was appropriate in the context of a Loudermill hearing. A Loudermill hearing is an opportunity for public employees to make clarifying statements in their own defense prior to disciplinary actions. Despite being a volunteer rather than an employee, Helminski said she was given the hearing out of respect for her years of service.

I’ve read the notice that Hilary received. Nowhere in the document does it state that this was a Loudermill hearing or what the rules of engagement were. When I asked Commissioner Fuller about this he said he had told the chief not to interact with her.

Another point of perplexity is the lack of bylaws for the commissioners. I asked for a copy through the public records act and was told that “Fire Districts are governed by Washington State RCW’s and WAC’s. We are not required to have bylaws.”.

Fire protection districts are governed by RCW Title 52. RCW 52.14.100 provides that:

All meetings of the board of fire commissioners shall be conducted in accordance with chapter 42.30 RCW and a majority constitutes a quorum for the transaction of business. All records of the board shall be open to inspection in accordance with chapter 42.56 RCW. The board has the power and duty to adopt a seal of the district, to manage and conduct the business affairs of the district, to make and execute all necessary contracts, to employ any necessary services, and to adopt reasonable rules to govern the district and to perform its functions, and generally to perform all such acts as may be necessary to carry out the objects of the creation of the district. [emphasis added]

There is not a reference to bylaws in RCW Title 52, but I would expect that a fire protection district would have a document or group of documents that constitute the “reasonable rules to govern the district,” to quote the statutory language above.

Without the establishment of bylaws through which they govern and hold themselves accountable, this board can and has acted with impunity. And while they may be acting within the letter of the law, they are not always acting with consideration or the best interests of this community. No matter their intention.

The costs are great. The professional line item (lawyers and investigations) of last year’s budget was at 355% as of November. Immediately after the HIPAA violation, longtime volunteer firefighter and EMT responder RJ Meyers turned in his OIFR gear. Can we afford to maintain this organization as it is presently being run?

I am intimately learning the cost of speaking truth to power. But with no fewer than thirteen Executive Sessions on their docket last year, all regarding employee issues, I think it is safe to reiterate my preliminary assertion that there is a crisis of leadership at our fire department.

I’m not asking you to take my word for any of this, I still need to earn your trust. The information is all in the minutes and available through public records requests. What I would ask of this community is that we demand a town hall meeting in which everyone feels safe to ask questions and to speak up.

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