The future of the fact-finding investigation into mismanagement allegations at the Half Moon Bay Fire Protection District is no longer up in the air - it's come to an abrupt end with no conclusive findings.
In fact, the private investigator hired to look into the allegations wasn't given the time, resources or direction to conclude anything, other than the fact that more investigation would be needed. But as of last week, that won't be happening anytime soon.
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"As many of the issues in the investigation are also involved in the lawsuit - Mr. Lees chose to file a lawsuit rather than first allow resolution through administrative remedies - the board has decided to postpone the investigation until the lawsuit is settled on the advice of counsel," Director David Eufusia read from a prepared statement.
But with so many allegations being levied against the district, and lawsuits seemingly coming one after another, that logic and justification doesn't sit well with anyone but the board.
Capt. John Riddell, also a union shop steward, reacted with immediate dismay. He told the board, "Before you make any decisions you should not only consider the district, but you should consider the labor group also. This thing has been going on for far too long.
"I realize you guys are going through just as much as we are, but this is our livelihood. It's just too much to keep putting this off."
President Tim Moran said, "It's been a long process and there's been no resolve for anybody - believe me - in that process. We're totally frustrated with the whole process."
Eufusia again placed blame for the unpopular decision squarely on Lee's shoulders. "That action (Lane's lawsuit) precluded our ability to resolve this through administrative remedies, so it wasn't our choice. I think we were forced into this position."
Riddell fired back: "Expect for legal counsel's telling you what's good for you, not what's good for the organization." He added, "By this not being resolved, it puts us in a state of limbo. We're talking years."
Sitting at the eye of this storm is
Fire Chief James Asche, as many of these allegations are being made against him - and because of that
he's just as disappointed with the board's decision.
"The decision to postpone the investigation was not popular with myself either. All the allegations that are out there against myself and my staff will now stand unresolved for months if not years. I'm told that there's significantly more allegations made against myself and staff that I don't have any opportunity to answer, nor does my staff until we have the opportunity I guess through the legal process in the lawsuit," he said before the board.
In a confidential memo written by the investigator, Renee Mayne, the board was informed of the new allegations which include, but are not limited to "mismanagement, misconduct, violations of employee rights and labor law, lying and attempts to cover up such behavior."
Mayne also informed the board that Lees "provided documentation to support the charge that there has been an ongoing pattern of mismanagement at the HMBFPD that far exceeds the four charges.
"He also provided documentation supporting the charge that for the past ten years a culture has existed at the HMBFPD that has permitted mismanagement and misconduct."
And these recommendations for widening the scope of her investigation came after three days of testimony from Lees, the only firefighter she was given the opportunity to speak with.
Speaking to labor, Asche said, "I know it's tough for you guys and I understand it's difficult to work in an organization that's in turmoil, but trust me: you're not alone. It's going to be rough on this side of the house as well. I'm equally, if not more, upset with this decision, but it was a tough decision to make."
Moran offered some insight into what the district's legal counsel Madeline Chun might be protecting the district from: more payouts from lawsuits and legal expenses in a district that is financially hemorrhaging.
"Just from a financial aspect, this last year has been horrendous as far as legal expenses and I'll be honest with you: it doesn't look like it's going to stop in the near future. The pie's only so big here."
Moreover, he said, "We are in turmoil, there's no doubt about it."
The only other present board member, Director Bert Silva told the firefighters in attendance that he's trying to do what's best for them. "You guys are the ones that make this run. No way in the world if I'm going to sit here and be against you guys," he said.
The board passed the legal counsel's recommendation with only three board members present, but still a majority of the five-member board.
However, Director Frank Navin did say he supported the board's deci-
sion. He's home recovering from surgery and was unable to attend. His message was to "get the lawsuit settled and then go forward with the investigation."
The investigation began in late April and Lees' lawsuit was filed May 3, with an amended form introduced June 15.
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