||| 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.
PREVIOUS: https://theorcasonian.com/firehouse-foundations-a-look-into/
One thing is clear in all of this: the current BOFC and the leadership of the fire department are putting our entire community and the future of our fire department in danger. They have and continue to act only in their own self interest and for their own preservation.
Enough beating around the bush. Since the BOFC refuses to make any meaningful efforts to reform or reconsider the disastrous path they have led us down, it is time to start talking recalls.
We simply cannot wait for the terms of these commissioners to expire, we are not likely to even have a functioning fire department at that point. It’s become clear that no meaningful change can be led by these commissioners or the current administration of the fire department.
It’s time for our community to come together and politely ask the commissioners to resign or we will go through the process to throw them out.
To the BOFC: the fire department belongs to US, the taxpayers and the community. It is not your private fiefdom to lord over.
Henry, I not only agree with your statement.. but we are amiss if we as a community don’t stand up, speak up and set the Tone. This by apathy’s decline, has forced the hand.
Either we as a Community Unite, or we can face the riddled outcome that follows.
A further Note, if an Emergency Scene was handled even a fraction of the way our Governance has been exemplified, I submit Medical Control would reprimand those in charge of the scenes Protocol.. Period!
Fire them all and start over.
The community is NOT in danger. All the volunteers are well qualified to handle any emergencies.
Mia…Thank you so much for digging deep and giving so much of your time, energy, and best efforts to inform the community of what seems to be a dire situation; I appreciate the quality of your writing…and your courage.
Good questions have been asked in this article, Mia. I am glad someone is covering this finally, in a public community venue, so that the community can know what is going on. i will read the previous article you wrote.
I am disheartened and dismayed at what is stated here, having gone through some similar bullying with a previous commission when I starting asking, politely, for what the community and Public had the right to know. Board have all the power. The only way we can correct any irregularities and unwillingness to provide Public record is sustained involvement and presence at Board meetings, Public Records requests, and to continue to ask questions – also to support our newest commissioner on the Fire District, who won by an overwhelming majority.
When the Public is not involved, how can we head these things off before they become crises? Unfortunately, it seems we can’t until things reach critical mass and even crisis level. How unfortunate for our community to lose valuable EMTs, firefighters, and other volunteers. “They” can’t all be wrong. Time for a sea change.
I need to make a correction to my statement above. It was not the commission who did the bullying. They did feel threatened by our questions, though – and some quit immediately. One was not attending meetings. I have no reason why the other quit. The former manager tried to smear my name and my sanity. People who witnessed this asked me how I could stand it. Well I could. And it took a toll. We need to step up and not back down to bullying tactics, and we need to get good people to run for elections for our taxing districts so that no one runs unopposed. Unfortunately,. with so few people interested in attending meetings regularly, this can’t be left to a few individuals. This is why we need reporters. This is also why investigative reporting is so badly needed, and, even with opinions stated, it’s still journalism.
THE OFD works tirelessly for the community. Most of the vague allegations and beating around the bush leads to nothing productive. Just as this community string of negative comments leads to absolutely nothing productive. Please, describe IN DETAIL what your problem is with the OFD, because as of now there has been zero legitimate proof being brought forth alongside the numerous griefs.
On Monday a good commissioner resigned.
On Tuesday yet another volunteer was fired.
On Wednesday our medical control Doctor gave his notice.
At some point the simple math demands someone gets added!
All we have seen are people leaving or being forced out.
But everything is fine…..nothing to see here.
When I read RCW 42.56.050 and 42.56.230, it appears contracts and performance evaluations are not exempt from public records release. I suspect the department lawyer advised the department of the same. – Your discussion of the contents indicates you found it of public interest. – if you think it’s inappropriate for release, the better question is who requested it and for what purpose. – the principle for release is the same reason that Provider’s license status is published by the state on a website.
https://www.atg.wa.gov/Open-Government-Resource-Manual/Chapter-2
C. Employee Performance
Evaluations: Courts have held
disclosure of an employee’s
performance evaluations with no
discussion of specific incidents of
misconduct is presumed to be highly
offensive and of no legitimate concern
to the public. Dawson v. Daly (1993);
Brown v. Seattle Public Schools
(1993). Disclosure of this information
between a public employee and
supervisor normally serves no
legitimate public interest and would
impair the candidness of evaluations
and employee morale if made public to
anyone upon request. However, the
performance evaluation of a city
manager – the city’s chief executive
officer, its leader, and a public figure
was not exempt because it was of
legitimate concern to the public.
Spokane Research & Defense Fund v.
City of Spokane (2000).
The chief is the chief executive and his performance seems to be of specific public interest.
A correction to my comment. The County Medical
director for EMS will be the Dr. available for any 911 calls.
My husband and I both think that. as potential “clients” of our OIFR, we need to be assured of the competency of any responders; we believe the state investigative agency responsible should be notified and begin an evaluation/investigation of the situation. There is much kerfuffle and many comments,made with varying degrees of foreknowledge.
Our community is unsafe as things stand now.
If we needed to call 911 now, I feel uncertain that it would be helpful…more so, that it could be dangerous.
for example:
Responders who aren’t qualified, aren’t islanders- so don’t know the particular needs of our many elders, nor the resources available.
It’s dangerous days.
And our community is mostly unaware of the extent to which they may be vulnerable.
When we moved here, the excellence of OIFR was touted; every experience-over 10 years -as we are among the elder population & called for help numerous times— every experience was revelatory.
Not just kind and caring were the responders, but as a medical professional of 45 years experience I found them, each and every one, of high quality.
I confess, I have no personal knowledge of what is and has been going on. But as a CRNA—one who rode with Miami Beach Fire Rescue for years -years during which Dr Gene Nagel invented immediate defibrillation at the scene, thereby saving many lives—I DO recognize competence. ..and incompetence.
Any organization responsible for the lives of our residents must be impeccable in its entirety—hiring, education of employees, maintaining a safe and friendly workplace.
Not happenin’, folks, as far as I can see.
Do you out there, you elders living alone with cardiac issues, you who have anaphylactic reactions, and all in need of excellent rapid response—do you want to continue tolerating
this?
From the Commissioners to each and every Chief, Paramedic, EMT—we need a microscopic look at this frickin’ mess.
Shouldn’t the State step in and find out what the blasted hell is going on??
Don’t you agree???
And we just lost Alex. Only medic left is Scott. His skills are marginal. Good luck Orcas Island. Our lives matter, but not to the Fire Commission or our leaders. The needless suffering continues.
What a disgrace of this constant negative toward OIFD
Internal Combustion is slowly disintegrating by the departures of people not getting their way !
Yes, Mia your first four words in your article are correct. You do need to apologize. The Fire Commissioners do not have a perception, they have facts which you do not. You continue to write hearsay and gossip. Not one word of the allegations you made in your last rant about the “on mike” situation is true. There is a complete transcript of that conversation and nothing that you alleged happened or said was true. You continue to write using inflammatory words to discredit many people involved with OIFR including the commissioners. You have no working knowledge or professional credentials of the inner workings of a government organization, personnel reviews, or the hiring or firing of public employees. Though you continue to give the public the impression you know more than the present Fire Chief or a former Fire Chief of Saint Paul, Minnesota and Redmond, Washington, Commissioner, Tim Fuller. The Fire Department is governed by very strict rules set by the Washington State Fire Commission (RCW.Chap.52) and the Department of Health. They are not governed by “By Laws” like a private organization. All fire departments, including OIFR are para-military organizations. With an organizational structure of chief’s, captains, lieutenants, etc. and a board of commissioners. Not presidents, VPs, and trustees, a big difference! Their protocols are mandated not suggested and they are accountable to those protocols and laws.
In one paragraph you talked about that Wes Heinmiller planned to share documents with disparaging information saying that “the aspersions were cast”. What about all the disparaging information that you have printed in the last few months casting aspersions on the members of OIFR? Patrick did not keep his promise to speak to the documents that pertain to his troubles with the Washington Department of Health (DOH). The DOH determined there was cause to deem his paramedic license as “Inoperative” and left Mr. Shepler incapable to continue as a paramedic with OIFR or any other future community. For the record, I have had the official DOH Report on Patrick Shepler since before the election, and Mr. Shepler chose not to respond truthfully during the election, ignoring public requests. I did not, and still do not feel it is my place to expose that personal information to the public, however, it is public record. You are right the law does protect us against slanderous and damaging speech and members of the public have done just that in emails and social media not the OIFR management or the commissioners. The BOFC has said nothing that is not documented and truthful. However, I can say your writings, to include other community members, have said and written slanderous and bias remarks in emails and in social media. By your own admission of “not having any formal training as a journalist,” you have a propensity to make comments, and accusations without the hint of fact-checking. Your writings come down to more bias inuendo or fantasy than facts. The ironic thing here is that the commission has been protecting and working with people to give them a choice for their bad behavior so that it will not come out to discredit them in the public view. However, your continued pushing is moving the commission to release the truth to the public that surly some people would just as soon not know. It saddens me to think that you believe what you are doing is for the good of the community. In actuality all I see is that you are taking advantage of a community that is trying to just hold things together and get through an extremely difficult time. To think that some previous commissioners have condone some of these writings is not only appalling but so misguided and helped to contribute to the loss of a very fine commissioner in Janet Marlow who tried hard to do the right thing for this community. Because of the relentless badgering and mistreatment, she has resigned and who probably will never sit on another board or serve the Orcas community again. We now have lost two highly talented women who were dedicated in serving this community because of the bad behavior of a few. By the way I never received an email from you.
Leith Templin
Pierette, I respect your right to have an opinion, but I beg to disagree. This is not about anyone “wanting their way.”-
rather , take a look at the quality of the people who have resigned—including the medical director. then compare to the quality of those now running the show.
It speaks for itself.
That’s why, to be fair, so call
for the State investigative agency to get involved, to pursue an evaluation/investigation of the fracas. As it stands today. I believe ( a belief bolstered by 45 years of anesthesiola practice all over the USA) that our present OIFR is incapable of. the excellent care needed for this community.
The loss of Bryce and Alex raises further questions… wouldn’t it be interesting to ask them WHY they resigned?
They are both excellent at their job..and as noted before, paramedics are in hot demand on the mainland,
where lower cost of living and much higher salaries exist.
Yet they chose to stay on Orcas, serving well
it’s residents and visitors.
You have to be more careful,
on an island.
This is in specific response to Lieth Templin’s and other’s malicious and maladroit allegations about my licensure:
I moved to Orcas Island in October 2005, for the sole purpose of helping Orcas Fire Department become Orcas Island Fire & Rescue (OIFR), the World Class EMS system you have come to expect. 15-years later, October 2020, I retired by choice from a toxic workplace.
Even though I retired from OIFR in late October 2020, my Washington State Paramedic certification would not expire for another 13-months, at the end of November 2021.
EMS certifications in Washington State require a current affiliation with an EMS provider.
EMTs and Paramedics can only practice when working (paid or volunteer) for a licensed EMS agency and under the clinical oversight of an EMS medical director.
So, when I retired from OIFR, my Paramedic credential became: “Inoperable” on the state website, until it Expired in November 2021.
I have done your homework for you by supplying the link below.
Look under “I” for Inoperable.
https://www.doh.wa.gov/LicensesPermitsandCertificates/ProfessionsNewReneworUpdate/GlossaryofTerms
Continued allegations and innuendos have dredged-up dirty water from under a bridge long crossed.
Fact: There was a complaint filed against me to the department of health.
The complaint was compiled by Chief Williams and presented to our former Medical Director, who at the time had no reason to doubt the honesty, integrity, and opinions of the Chief, or those of a recently hired Paramedic from another agency.
The “witch hunt” by Williams and others to get rid of me, your Paramedic for 15-years, was finally resolved at DOH with an Informal Disposition.
Fact: There were no findings of improper care, no restrictions, and no discipline.
Fact: Inoperable status of my certification was not related to the complaint.
Inoperable
Inoperable status is not the result of enforcement action. The healthcare professional can resume practice when appropriately employed, supervised, participating, enrolled in a required training program or nationally certified.
Patrick Shepler, Commissioner
San Juan County Fire Protection District 2
Patrick, I am so sorry you even have to respond to this nonsense, and please know that there are so many people standing behind you in your new role as Commissioner and in appreciation for all of your years of serving the Orcas community. Orcas is a better place because of you.
Leith,
There is too much to unpack in your comment.
I agree with some of what you have submitted.
Let’s address your statement that the “commissioners have never lied”..
When the union submitted a (unanimously signed) Vote of No Confidence in the chief last Fall one commissioner stated “This is the first we heard of any such issue”!
Only two things are possible.
Either:
1-they were so out of touch with the reality that had been going on within the department or…
2- they were lying
Since one commissioner also commented that “I talk with the chief 3 or 4 times a day and I’m sure my fellow commissioners do as well” then my vote is for door #2.
Either way, they have dropped the ball.
The bottom line is the mass exodus of valuable personnel speaks volumes.
As we were so often told in fire training:
“Where there is smoke there is fire”.
Patrick, thank you for your years of service on Orcas as a medic. You taught me a lot about the fire service and medical protocols…but most of all thank you for teaching me to approach the challenge as a humanitarian. I am forever grateful.
Alex, well said..
Alex, I second your comments. Patrick is a tireless and caring practitioner of medicine and a teacher of many. Patrick taught me many things at Orcas, but number one was respect for the individual. He is also a supporting hand to those who want to fulfill a career in medicine as a paramedic. Personally, when I was thinking about taking a year of my life to study to become a paramedic, Patrick was the one saying “go for it, I am here to support you”. During medic school, when I came home on weekends, Patrick and I would have “barn coffee” where we endlessly studied my classwork on trauma and advanced life support. Such slanderous comments about a man who cared for many of our neighbors is unacceptable.
From what I am reading here, the “dirty laundry” – ie the “goods” that some were holding as kind of a blackmail-y threat… have just been rationally and sanely explained by Patrick Shepler; with links so we can see for ourselves. The outcome seems to be that the laundry was… clean. No surprise there. How sad that he even had to stoop to answer or defend any of this, but it should clear up suspicions by even the most hardened advocates of the dysfunctional and destructive status quo.
Now that the mystique is over, and there really is nothing to see here concerning Patrick Shepler, except caring, exemplary service to the community and to EMTs who are commenting on his behalf here, even as they leave demoralized and unsupported by the commission –
Can we get on with the business of getting those public records, and enlisting some investigative help from the State? It’s a necessity, not an option.
The saddest thing about all of this is not only the ongoing stress, low morale, and fracturing this has done within OIFR, but that we can’t go back with the Wayback Machine and re-hire and reinstate the kind of quality local EMTs and volunteers we’ve had, who’ve left in alarming numbers – some of who have been with us for many years, and all highly qualified, caring people. What happens to them, to their lives, to addressing the demoralization that forced them to leave or be fired?
A lot of healing needs to happen.
I want to thank you as well Patrick. There are many things you have taught me about the EMS and fire service but, among the most important you showed me what it truly means to serve and care for others. The years you have dedicated to mentoring, saving lives, and your continued service is exemplary and to be admired.
This is the last of my comments on this thread to this article. I have no idea what has happened, what is happening now, or what will happen with OIFR. Having not been involved with the fire and rescue meetings throughout, I realize that I can’t in good conscience keep commenting anymore on things I know nothing about.. I have neither the time, knowledge, or emotional fortitude to take on another issue on Orcas, andmore contentiousness – or contribute to it.
I apologize to all for doing so, and any hurt or ‘”us and them” I generated. We have more than enough of that going around! Covid has brought all of that to an ugly head.
I let my emotions, and my genuine liking of Patrick Shepler and how he has treated me and others as an EMT, as well as my liking and respect for our firefighters and EMTs that I have had the pleasure to meet, guide my comnents- for that, I have no regrets, and nothing will change my feelings about any of that..
I have no idea what is true, what is false, and what is going to happen, but whatever happens I hope there is a peaceful outcome that is a win-win-win for OIFR and for the taxpayer base they serve. I wish all the best.. I hope that commissioners both current and new will work together. I contribute nothing by fanning flames on either side of the fire.
Best of luck to us all; we will need it.