Copper Gazette Viewers Questions Asked at Recent CFPD Board Meeting

Recently a viewer of the Copper Gazette put forth some questions regarding the CFPD Agenda from March 24, 2011 with regards to the closed session agenda item '5-C: Pursuant to Government Code Section 54957. Public employee Discipline/Dismissal/Release.' The closed session also included a performance evaluation for the Fire Chief. (Click HERE for agenda.) The veiwer questioned whether the Chief was disciplined?

Following this closed session meeting a press release was issued by the CFPD Board of Directors explaining that the Fire Chief had 'voluntarily assumed' the position of Captain assigned to administration. (Click HERE for press release.) The viewer asked whether the Chief had stepped down to help with the budget and if so how could he hold a position he had not previously held?

At the April 28, 2011 Board of Directors meeting the following questions were put before the Board.

#1. In the 3-24-11 closed session agenda the code stated covers Discipline/Dismissal/Release, yet in the press release it was stated that he voluntarily stepped down alluding to budget issues. Was the Chief demoted?
The answer came from Chariman Maness stating that the code utilized for closed session meetings dealing with personnel issues contains "wording (that) covers a broad spectrum." Further suggesting that the code should be read in full. The following is an excerpt from government code section 54957:

…consider the appointment, employment, evaluation of

performance, discipline, or dismissal of a public employee or to hear

complaints or charges brought against the employee by another person

or employee unless the employee requests a public session.

(5) Action taken to appoint, employ, dismiss, accept the

resignation of, or otherwise affect the employment status of a public

employee in closed session pursuant to Section 54957 shall be

reported at the public meeting during which the closed session is

held.

To read the whole code click HERE.

#2. At whose discretion was it to offer the position of Captain, a position that had not previously been held by the current Chief?

Again the question was answered by Chairman Maness, "It was the highest rank we could offer and keep him full time."

#3. Was the Fire Marshal position part time? 

Maness and Captain Cantrell both answered that there is/was no available Fire Marshal position.

Currently Captain Cantrell functions as acting Chief while the hiring process for a part-time Chief moves forward.

At the April 20, 2011 Special Public Meeting, Resolution 4-20-11 was passed. (The minutes do not define resolution 4-20-11.) Upon contacting the CFPD on 4-29-11 it was stated that resolution 4-20-11 gives Captain Keith Cantrell acting Chief status with the authority to act as executive officer. (Captain Keith Cantrell held the office of acting Chief beginning July 17, 2008 becoming Chief December 2008.)

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