Council restores fiscal management of fire department

In a special meeting on Monday, The Cathlamet Town Council adopted a resolution establishing that all normal fiscal management functions of the Cathlamet Fire Department shall be performed by town staff.

Last week, Mayor George Wehrfritz had ordered town staff to cease handling department accounts.

In a letter to council members, he said that he had been advised by the town's risk management advisor that under the existing ordinance governing the fire department, the council, not the mayor, has authority to direct or handle fire department business. Because the town clerks work under the mayor's authority, they also don't have authority to handle department financial business.

In the September 1 certified letter to councilmembers, Wehrfritz said he had intended to dismiss fire department Chief Jerry DeBriae for insubordination. On September 5, the department's wildland unit had been sent out of town to Goldendale to assist on a state managed wildfire, and this violated an executive order Wehrfritz had made earlier this summer mandating that the unit remain within the town limits.

Wehrfritz explained he had contacted the town's risk management advisor who concluded that the council, not the mayor, had control of the fire department under the existing Ordinance 170 governing the department.

The ordinance dates from 1932 and gives management of the department to the Cathlamet Commercial Club, a merchants organization which has since become the Wahkiakum Chamber of Commerce.

In the letter, Wehrfritz said he thought the arrangement was unique in the state, and it doesn't meet approval of the Washington State Auditor's Office. However, the risk manager said the town and mayor ran a risk of lawsuit if the mayor tried to exercise control over the department.

To avoid further risk exposure, Wehrfritz said, he had ordered the town staff who work under his authority to cease handling the department's financial affairs or other business.

Councilmembers Steven McNicholas and David Goodroe met early last week with the department's Fred Johnson, assistant chief, and Beau Renfro, captain of the emergency medical services division, to go over developments.

They agreed a resolution was needed to make sure fire department business was handled. Goodroe met with Town Attorney Tom Doumit, and they prepared the resolution, which provides,"That all financial and accounting functions required to maintain optimal performance of the Cathlamet Fire Department . . . normally performed for and by the Fire Department shall be performed by the Town Clerk-Treasurer and other appropriate Town Hall staff. Said order for fiscal management authority to reside in Town Hall shall be effective immediately and shall continue until such time, if any, as the Town Council shall make other provisions for these functions."

The resolution cited the fact that the risk management advisor had counseled town staff to comply with Ordinance 170, "which provides for non-government entity supervision of the Fire Department."

This resolution was later labeled Resolution 300-11.

At the start of the Monday meeting, Mayor Wehrfritz presented his own proposal, labeled Resolution 299-11, based upon 300-11, and which he developed after consulting with town Clerk/Treasurer Tina Schubert.

Wehrfritz, who wasn't notified of the meeting between the two councilmembers and fire department members, cited language from the audit of the town by the Washington State Auditor's Office (SAO). That audit was released to the public on Monday; Wehrfritz had received a draft copy last week.

The resolution states, quoting from the state audit; "WHEREAS, the State Auditor's Office has determined that Town Council and management do not sufficiently monitor the Fire Department, placing public resources at risk."

The resolution, if passed, would have provided, "That all financial and accounting functions required to maintain optimal performance of the Cathlamet Fire Department . . . shall be overseen by the Mayor and performed by the Town Clerk-Treasurer and other appropriate Town Hall staff. Said order shall be effective immediately and shall continue until Ordinance 170 is revised."

The object of his version, Wehrfritz said, is "to make sure the resolution is in line with state law in regard to the fire deparment."

Councilmembers chose to act on Resolution 300-11.

Councilmember Goodroe moved the resolution be adopted, and Councilmember Wally Wright seconded it. Discussion continued for over an hour.

Wehrfritz challenged the qualification of Wright to second or to participate in voting on the motion. Wright, a member of the fire department, receives financial benefit from the department through stipends and sales of supplies or equipment from his hardware store, Wehrfritz said, and he asked Wright to recuse himself.

Wright declined to recuse himself, saying the motion was about a specific situation regarding handling of general financial management matters that wouldn't benefit him.

Wehrfritz referred the matter to Doumit, who said the statute on conflict of interest referred to significant financial gain, but that the council could decide for itself if a member should be recused. "It's a close call," he said.

Councilmember Steven McNicholas moved that Wright be recused, and Goodroe seconded the motion. They voted in favor of the motion; Councilmembers Goodroe and Ruth Doumit opposed; Wright didn't vote, and the motion was tied 2-2.

With a tie vote, the mayor voted in favor of the motion to recuse Wright, and it passed 3-2.

Discussion continued on the proposed resolution, with Councilmember Doumit offering a new second on the motion.

In response to a question from Rendler, Attorney Doumit stated that the two resolutions were similar enough in result to be, in effect, identical.

However, Goodroe and Wright disagreed.

Goodroe commented that the proposed resolution put the fire department's financial responsibility under control of town staff, and Wehrfritz's resolution put the control under the mayor and the staff.

Wright commented that the move to get him recused "stabbed me in the back" and that that the mayor's resolution would lead to the firing of Chief DeBriae.

"I'm really upset that we have a person who is community minded and who has devoted his life to the fire department and the community come under attack," Wright said. "You'll see the immediate dismissal of the chief. This is really a terrible way to reward him for his service."

McNicholas pointed out that the department is still governed by Ordinance 170 which, even though it needs to be changed to meet current state law, is still in effect.

"I don't think members of the fire department should be punished while acting under the ordinance that is in effect," he said. "We've got to go through the process (of updating) but we're still bound by Ordinance 170. We have to honor it."

Rendler agreed. "Until we repeal it, it's better to follow it," he said. "The end result will be that management will be under authority of the town hall."

Wehrfritz urged councilmembers to enact Resolution 299 because it would put in place the proper chain of command as outlined in state law, with the mayor having authority to hire and fire department heads.

Both the State Auditor's Office and Town Attorney Doumit said Ordinance 170 is unconstitutional.

In a written opinion for the mayor and council, Doumit said the old ordinance violates the state constitution by authorizing a civic group to oversee the department, thereby thwarting the clerk/treasurer's legal duty to oversee the books, and it delegates the town's authority to a non-governmental body over which it has no control.

Resolution 200 wouldn't be a positive step forward, Wehrfritz said.

"There's an effort to pull everthing back to the pre-2005 system," he said to the council. "All you're doing is mandating that that happen."

"No," Goodroe countered, "We're just maintaining the procedure that was in place two weeks ago."

(Editor's note: In the past, fire department accounts were separate from town accounts. In response to findings from the state auditor, the town has started incorporating the accounts into its normal financial procedures).

Wehrfritz pointed out that the clerk/treasurer doesn't have free access to all fire department accounts; she has to go to a private law office to view them.

"It (the recent status quo) isn't fine," he said. "We've got to fix it."

McNicholas offered an amendment to the motion which would have required the fire department to provide full disclosure of all documents and accounts within 60 days.

Rendler supported Resolution 299. "The SAO told us last year that the mayor has to be in charge of the fire department," he said. "Resolution 299 makes that clear."

Goodroe commented that he and other councilmembers hadn't seen Resolution 299 till the start of the meeting and they hadn't had time to study all the changes and ramifications.

Councilmembers then voted. The amendment failed 1-3, with only McNicholas supporting it.

The motion to adopt Resolution 300 passed 3-1, with Goodroe, McNicholas and Doumit voting in favor and Rendler opposing.

In response to a question after the meeting, Wehrfritz said he wouldn't pursue the dismissal of Chief DeBriae because the department is governed by Ordinance 170. However, he would like to see a change in command in the department, he said.