Copyright 2005, Record Searchlight

Fire board likely to hire chief -- again

(Record Searchlight 2/13/05) -- This city's fire protection district board on Monday will rethink last month's decision to hire a fire chief, a move attorneys and one board member said gave insufficient notice to the public.

However, Fire Chief Adrian Rogers will likely keep his new post after Monday night's meeting, board member Ted Chase said.

"We're basically reaffirming the vote, not testing the waters, per se," he said.

Chase, Chairman Jack Ferguson and board member Gary Nicholls said Friday that they don't intend to change their minds on the previous 3-2 vote to hire Rogers. Nicholls and board member Oly Olsen voted against the hiring.

But Ferguson said he agrees with the fire district's attorney that meeting agendas need descriptions that are more detailed. This week's agenda reflects that change, he said.

"This makes it a lot better, and it's according to code," Ferguson said.

Ferguson writes the agendas and is the board's longest-standing member.

"All people that serve on boards -- I mean this from the bottom of my heart -- they do the best job they can. ... We all make mistakes, and, hey, we try to correct our mistakes and go on with life," he said.

At the Jan. 10 meeting, board members were scheduled to discuss the fire chief position, vacant since controversial former chief Fred Wyckoff quit Sept. 30.

For months, board members had discussed advertising, recruiting and interviewing procedures for the job and expected to finalize those plans at the Jan. 10 meeting.

Instead, Chase moved to skip an estimated six-month application process and hire Rogers on the spot, surprising even Rogers.

The meeting's four-word agenda item about the chief's position did not mention the possibility that a hiring decision could be made.

Lawyers representing the California First Amendment Coalition and Californians Aware said the board should not have made the hire without giving the public advance notice and a chance to respond, as required by the Ralph M. Brown Act.

However, they stopped short of saying the board violated the Brown Act. Fire district attorney David Huscher sees no breach at all.

But Nicholls disagrees.

"We had a Brown Act violation. There's no doubt. That's as fly-in-the-face as it gets," he said.

Nicholls also points to the biting 2002 grand jury report that charged the fire district with multiple prior Brown Act violations, misused funds, inadequate training for employees and a failure to supervise Wyckoff, who faced two sexual harassment allegations before he resigned.

"The grand jury's going to be back," Nicholls said.

Olsen said he's not positive, but he doesn't think the board acted illegally. He wouldn't say Friday how he might vote Monday.

"I want to see what the attorney has to say," he said.

Chase said nothing unlawful was done and doesn't think the board should revisit the decision.

"I am personally against it, but our attorney feels that we have to do it," Chase said, adding later that the experience has brought a positive change to the board's agendas.

"We are going to be more elaborate. The public will be able to read and see what's going to be happening."

By Kimberly Bolander