Chief Walter sues over 2010 fire-rehire episode

A suit for alleged damages was filed Monday in Whitman County superior court by Ralph Walter, Colfax fire chief who was terminated in July of 2010 and then un-terminated after the start of a city civil service hearing three months later. The 17-page complaint was filed against the city, City Administrator Carl Thompson and former Mayor Norma Becker.

The suit also lists 10 “John or Jane Doe,” defendants who could be determined to be involved at a later date.

According to court papers, the suit was served on the city clerk Friday along with a summons which requires a response within 20 days for the civil action.

The suit contained many allegations which were made by Walter and his supporters before the start of the civil service board hearing, which he requested. After Thompson and two other witnesses testified for the city in front of the local board on the first day of the hearing, Becker decided to reverse her decision to terminate Walter and restored him to the chief’s position where he has continued to serve since.

As a result of the mayor’s reversal, Walter’s side of the dispute was never formally presented at the hearing. He was represented by Ross White of Spokane.

At that time, Mayor Becker said she had learned for the first time that Walter had attended a May 11, 2010, meeting of the city’s volunteer firefighters and offered to help patch up relations with the group. The mayor said at that time Walter’s attendance at the session offset one of the key reasons for his termination, that he had failed to address ill feelings which were said to be present among the volunteers.

Walter was terminated by Becker July 2, 2010. That followed a June 18 meeting which the suit contends was described as a review session of the evaluation but later identified by the city attorney as a pre-termination meeting.

Walter was hired as chief for the city fire department in 2006 after previously serving as a Colfax fireman for four years.

The suit contends after he was hired Walter generated some discontent among the volunteer firemen by opposing payment of training costs for the volunteers and objecting to insurance costs said to be related to use of the city’s facilities by the volunteers’ organization.

The complaint also alleges the faults in two evaluations which were conducted by the city administrator in the months before the termination. It contends that evaluations required in the city’s personnel manual had never been conducted until the defendants began to take steps to fire Walter early in 2010. In the second evaluation, June 7, 2010, Walter allegedly rated “poor” in 29 of 31 categories on the evaluation form.

The suit alleges the city has been presented with a claim for damages alleged sustained by Walter and not responded. A specific amount of damages sustained was not stated in the suit filed Monday in court.

Among causes of actions listed in the suit are violation of due process under the 14th amendment, violation of the Civil Rights Act, civil conspiracy, emotional district, age discriminations and interference with contract relations.

After Monday night’s city council session completed its formal agenda, Mayor Todd Vanek, who took office at the start of the year, called for an executive session to discuss legal action brought against the city. The city council reconvened in open session after 25 minutes and announced no formal decisions had been made.