Colfax fire chief files for job reinstatement

A motion has been filed to reinstate former Colfax Fire Chief Ralph Walter.

Ross White, Spokane attorney who represents Walter in the appeal of his dismissal, filed a motion for the city’s Civil Service Commission to reinstate Walter as chief prior to a noon meeting of the board Aug. 18.

White’s motion contends city officials failed to follow civil service procedures when Walter was dismissed.

Walter was fired the morning of July 2 after he reported for a shift at the fire station. The firing came two weeks after a lengthy session in the mayor’s office June 18.

White, who attended the June 18 session, described it as an “absolute joke” in terms of complying with civil service code requirements for dismissing an employee.

“It isn’t even a close call,” he contended.

City Attorney Bruce Ensley, mayor Norma Becker and city administrator Carl Thompson were seated on the city’s side of the council room last week before the board.

Leslie Cloaninger chaired the board session. Other members of the board are Rob Aucutt and Jon Kehne. All three are volunteers on the board.

At the start of the session, White noted Walter would be entitled to back pay if the city board ruled in his favor. He also said the city had the “burden of proof” to show it followed civil service procedures.

White’s motion also contends the session in the mayor’s office the next day violated a civil service requirement that employees be provided with a written notice of the hearing, a written statement of the charge or grounds for termination and a summary of the city’s evidence. The personnel manual also requires the city to allow employees time to respond.

White said Ensley defined the June 18 session in the mayor’s office as a “predetermination hearing.”

The motion contends at that stage the city could not legally conduct such a hearing because Walter had not received notice or the required list of accusations. The motion said most of the closed door session dealt with a review of the two evaluations.

“To this day no written accusation has been given to Walter,” White stated in his Aug. 10 motion.

White alleged the city failed to follow city personnel policy for evaluating employees. The motion details Walter’s contention involving the evaluations, a topic which surfaced at a special city council meeting June 17.

That council session before a packed crowd was conducted the night before Walter was called into the mayor’s office for a lengthy session with his attorney and Ensley present. He was fired two weeks later.

White said Walter only received evaluations Feb. 8 and June 7 of this year, both within the last five months of his employment.

White’s motion contends Walter would have received four to five evaluations over the term of his employment if city personnel policy had been followed. Walter began his stint as chief in June of 2006.

The appeal notes City Administrator Carl Thompson, when questioned on general procedure by Councilman David Nails at the special June 17 council meeting, admitted he hadn’t conducted annual evaluations of employees. Following that line of questions, Nails and Councilman J. W. Roberts entered on the record “no confidence” statements for Thompson and Mayor Norma Becker.

Both council members attended the civil service commission session.

The no confidence statements and a comment by Councilman Al Vorderbrueggen that he was concerned the mayor did not appear to know what was in the personnel manual are cited in the Walter appeal.

Mayor Becker at that June 17 session replied she was very much aware of what was in the manual.

A point of contention in the hour-plus session was a deadline for the city to list witnesses it planned to call in the hearing.

Ensley suggested the deadline date for the city to list witnesses be 21 days in advance of the hearing, but White said he would expect to know the witnesses as soon as possible to begin preparations.

“I just don’t know enough about this case to know who the witnesses are,” Ensley told the board.

White contended the city should have had “its ducks in a row” at the time they fired Walter and a good idea of the witnesses who will be involved at that point. Cloaninger, a private practice attorney in Colfax, said she agreed with White that the city’s witness list should be revealed early in the process and set an Aug. 20 deadline.

The civil service board session was slated to schedule a date for the appeal hearing and deadlines for the legal process leading up to the hearing. The appeals hearing was slated for Oct. 5-6, and the hearing on White’s motion was slated for Sept. 9.