With the legality of the night's closed session meeting questioned, the Anderson Fire Protection District board voted unanimously to cancel its meeting Tuesday night rather than face a promised complaint. The board also decided to consider a procedure for hiring a fire chief before interviewing two candidates.
Three attorneys warned that the Anderson Fire Protection District meeting July 28 appeared to violate the state’s open meeting laws.
The meeting agenda had board members going into closed session to meet with fire district employees and volunteers to discuss the hiring of a fire chief. The district board continues its discussion over the hiring of a new fire chief since the announced resignation of Chief Joe Piccinini on July 7.
That meeting would be semi-public and not legal, according to Californians Aware general counsel Terry Francke agreed with two other attorneys.
“I agree with the ... attorneys for the California Newspaper Publishers Association and the California First Amendment Coalition that the Brown Act would not permit this selective invitation to make private presentations to the board on these topics,” Francke said.
The board opted instead to meet with firefighters in open session at the next board meeting despite board chairman Keith Webster's assurance that district legal counsel Mike Fitzpatrick "strongly believes we're on solid legal grounds."
Fitzpatrick was not present at the meeting to explain his reasoning, nor did Webster communicate it.
“If the board persists in this illegally discriminatory procedure we wiil (sic) tomorrow invite the California Newspaper Publishers Association, the California First Amendment Coalition and all their Shasta County members to join us in filing a complaint seeking an investigation and possible criminal prosecution of each participating director by the District Attorney,” Francke told the Valley Post in an e-mail on Tuesday that was forwarded to the district before the meeting.
"We don't want to spend a lot of money going to court," board member Butch Schaefer said. "We want to do this legally and lawfully."
Webster continued by suggesting the board hear the firefighters' comments in open session.
Marsha Kelley objected, suggesting that some people might want to attend a meeting where the fire fighters would speak, and skipped the meeting because it was agendized as a closed session item.
"I applaud your decision to interview the fire captains and firefighters in open session with proper notification," Valley Post editor George Winship said, addressing the board. "No one will find fault with your decision to interview the firefighters in open session."
At least one firefighter, AFPD volunteer Don Green, said that he would not discuss in open session what he planned to say in closed session. He added that he would wait for further direction from district superiors before offering his comment in writing to the board.
Board member Marsha Kelley also objected to the other closed session item announced by the board, the interviewing of two candidates for fire chief. She said the board should first "set criteria of how we will recruit for a fire chief, whether we go in-house for the position, advertise, or hire a firm (to search for a candidate). We've all been under enough scrutiny as it is."
Schaefer motioned and Kelley seconded to hear the firefighters in open session and to develop criteria for the hiring of the new chief in closed session at the next board meeting.
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Comments » 3
southcounty1 writes:
Too bad. the community and the firemen wanted this. Of course, the local newspaper, Mr. Dawson, doesn't care about them.
Maybe we should just have another meeting whereby Ms. Hopkins could flip everyone off, not just Mr. Schaefer.
Sure strange how the newspaper cuts off comment from the community and firemen on this site. Freedom of speech and press only for a few, huh, Mr. Dawson?
firefightersupports writes:
This is getting so very old there are more important things that need to be going on besides bashing the fire department and the firefighters. It is in the best interest for the firefighters if they do have an input into the new fire chief look what happened with the last one. And as for the firefighters not having the courage to speak out in public they are there to help save your asses when you need them not to deal with all the political b.s. that has been happening in that department. I think that takes all of the courage in the world to do what most people wouldn't even think of doing. And for the volunteers they do it without being paid and do it to make the place that you live in a safer place. They don't need to put up with all of the insults and slams from small minded people on here that have nothing better to do than to open their mouths when they don't know what has been going on. I have kept quiet long enough and read all of it and it's time to stop and let these men and women get back to doing what they love to do and that is to help everyone else that needs it, without the needless insults. These are brave people and what would we do without them. Think about that the next time one of you wants to take a slam at one of them
HeardEnough writes:
AMEN to that! most of the "concerned citizens" who back the former chief would crap their pants in the situation these fire fighters face. going to a "code blue" or an accident involving a child is not for the faint of heart. they obviously think that all fire fighters do is play cards and polish the trucks. in order to perform their duties, they need good leadership. a good leader is also a "role model", especially for the younger volunteers.
i have noticed for all the hatred directed at both the board and department that not one has to date applied for a position in the upcoming election. i entered the fray because i too was upset over their remarks. i really don't have a dog in this fight. i admire the board and fire fighters for what they do. if they hate norma comnick, they need to take it up with her personally.
on a personal note, i have had to call the EMTs on several occassions and was damn glad they were there. perhaps if one of these "concerned citizens" is ever in need of medical help, they can call one of their fellow members for aid.
YES! I SUPPORT THE FIREFIGHTERS for making my city safer. I SUPPORT the council for making my city a nice place to live. I SUPPORT the police department for fighting crime in my city. I do NOT support the local editor for his giving any type of credibility to this hate group.
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