Fire chief fired in Electric City

 

Last updated 9/12/2019 at 4:44pm



Now former Electric City fire chief Mark Payne was fired Tuesday night, after the city council voted unanimously to carry out the mayor’s recommendation to remove Payne from the post in which he’s served since 2013.

Payne had faced a second disciplinary hearing Monday to respond to charges he hadn’t complied with a plan set in place after the first one last spring, and that he’d been insubordinate toward the city administrator.

Payne had met with Mayor John Nordine and City Administrator Russ Powers to discuss possible discipline that could be imposed on Payne, including possible removal as fire chief.

The Star was allowed to attend the non-public meeting, and to take notes, but not to record the discussion.

Payne also provided The Star with various documents and email communications relevant to the situation. He said he’d found a letter informing him of the meeting on Sunday night, taped to his front door, when he returned from a trip to Montana.

Last April, Payne also faced possible discipline because of an “unauthorized fire training” Payne held at the Banks Lake Golf Course. A letter Payne received from Nordine at that time cited state law prohibiting wildland fire fighting training without a permit, the requirement of a detailed training plan to be submitted to the Department of Ecology, and more.

Payne said then that the training was something he had done annually for years.

Following that ordeal, Nordine directed Payne to “work with me directly in improving the fire department’s communication and coordination with me, as your supervisor, as well as the other departments of the City,” according to a Sept. 6 letter from Nordine to Payne.

Nordine expected “weekly fire department updates,” and other tasks to be done and communicated to the city, the letter stated.

That work plan was reviewed with Nordine, Powers, and Payne on July 30, according to Nordine’s letter.

Documents show Payne was expected to submit monthly training logs, test equipment monthly and create log sheets, have fire department members sign for receipt of policies and procedures, and more.

Monday’s meeting was called so Payne could answer for not doing some of those assigned tasks. In a response to an email from Powers about not receiving certain task-related documents, Payne wrote, “If anyone should be suspended it should be you, for taking your wife and dog to training without the mayors permission,” violating city policy. “It is my hope that the Mayor’s discipline will at least suspend you, but also include removal as City Administrator or terminate you completely! Also no one can drive in or ride in the city car that is allergic to dogs! Thanks.”

Powers on Tuesday declined to comment on the city car situation.

Nordine said in his letter that he believed Payne’s response to Powers was “grossly insubordinate and unprofessional,” and that it constituted “… a total failure or unwillingness to cooperate, communicate, and fully integrate with City management.”

That letter invited Payne to meet Monday to present his case before Nordine made a “final decision regarding the level of discipline” he would impose on Payne.

In the meeting, Payne noted factors like not having a quorum at his fire department meetings, and only getting the signatures he was able to from his fire staff as reasons for not completing certain tasks.

In regard to the email to Powers, Payne asserted that he believes the city council is in charge of the fire chief, not the mayor nor city administrator, and that he therefore was not insubordinate.

Payne also said that the language he used in his email to Powers simply mirrored Nordine’s language in the mayor’s letters to Payne.

“So you guys can say that to me and I can’t give it back in the same form?” Payne asked.

Powers asked Payne, “Did we not give you the chain of command?”

“That meant nothing to me,” Payne replied, again saying he believes the council to be in charge of him.

“These are my answers,” Payne said. “It’s too bad we can’t have a good working relationship.”

Nordine told Payne he would give him a decision on the matter in about a week; however, Payne was present at the council meeting and found out the decision much sooner.

A motion to carry out Nordine’s recommendation for removal was made by Councilmember Rich McGuire, seconded by Councilmember Birdie Hensley, and approved unanimously by the entire five-person council.

According to city code, “the mayor may recommend removal, with or without cause, of any” department heads, but that requires “confirmation of a majority of the whole council before becoming effective.”

Payne told The Star following the meeting that he feels confident the current mayor and most council members will be replaced in the upcoming election, and that he’ll be reinstated as fire chief.

Payne said he wants the other firefighters in Electric City to tough it out until 2020 when he hopes to be reappointed as chief.

“I’m still a fireman,” Payne said. “They’re talking about this consolidation (of cities). My whole bit is we should consolidate all our emergency services, take the politics out of it, take the power away from the council and the mayor, and put it to commissioners that aren’t influenced by politics.”

 

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