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Black Forest Fire/Rescue Protection District, Nov. 2, 6, and 20 – Training officer terminated; firefighters request district merger; 2025 budget proposes mill levy increase

By Natalie Barszcz

The Black Forest Fire Rescue Protection District (BFFRPD) board held a special meeting on Nov. 2 to discuss personnel matters relating to the investigation into allegations pertaining to Training Capt. Michael Torres. The board held a second special meeting on Nov. 6 to discuss the permanent fire chief position and determine an outcome for the two failed motions from Nov. 2.

At the regular meeting on Nov. 20, the board heard a presentation from the firefighters requesting exploration of a consolidation with neighboring district Monument Fire District (MFD). The discussion about searching for a permanent fire chief continued, and interim Fire Chief Josh Bartlett rescinded a notice of resignation.

The board received the proposed 2025 budget with a mill levy increase, reinstated the health insurance differential, and approved the memorandum of understanding with Pikes Peak State College (PPSC). See https://wp.ocn.me/v24n11bffrpd/.

Note: This reporter attended all three meetings via Zoom.

Outcome of special meetings

The board held a four-hour workshop on Nov. 2 to discuss the hiring credentials of a permanent fire chief before holding a special meeting with two executive sessions. The board received legal advice from CEGR Law attorney Dakota Spence-Zurek regarding the findings of the investigative report into Torres and to obtain further guidance for Torres in his role as training captain. Legal counsel Linda Glesne, CEGR Law, also attended via Zoom. Torres agreed to meet in a closed session with his family members. All board members were present during the executive sessions, but Director Chad Behnken was excused from the meeting for a previous obligation when the board returned to regular session.

Chair Nate Dowden said the special meeting was called to discuss Torres and the need for more guidance to succeed in the role as training captain, based on all that was learned from the investigation report, he said.

Dowden made a motion to return Torres to active status, with the condition that Bartlett provide clarity for the role of training captain, and if performance improvement is required, develop a formal action plan outlining steps and measures to ensure the expectations of a command staff member are met. The motion was seconded by Treasurer Jack Hinton but failed with Vice Chair Kiersten Tarvainen and Director James Abendschan voting no.

Tarvainen said, “The board expects more from the command staff other than the behaviors found in the investigation, and I do not know if it is appropriate for Torres to return to duty.”

Abendschan, in agreement, said returning Torres to a position of authority over department personnel was not appropriate when his actions did not always remain appropriate and professional, as indicated in the investigative report.

Hinton said his actions could be corrected with Bartlett responsible for monitoring Torres to ensure that happens, otherwise Torres will suffer the consequence.

Tarvainen said the board must be held accountable knowing what was discovered during the investigation. “The board must hold command staff to a higher level of accountability, and I am unsure a personal improvement plan would accomplish this,” said Tarvainen.

The firefighters addressed the board, suggesting the investigation had been unfair and one-sided with not all employees having a say in the investigation. They wondered how the board could reach this conclusion.

Abendschan said that during an investigation involving personnel matters, not every member of the organization is included. Since the investigations made by a third party began in late June, the investigation was out of the board’s hands.

Other firefighters said contact information was not provided to staff members who wanted to reach out to the investigator. Staff members were told they would be contacted to have their say, but the third-party investigator reached out to the administrative staff, and the result is biased in one direction, and only based on hearsay, firefighters said.

Tarvainen said it was not up to everyone to pass comment on confidential matters. If you were not a witness to the incidents, you would not have been contacted.

Note: This reporter was blocked from hearing the audio for several minutes at this point in the meeting. The following ensued based on information included in the investigation report.

A motion was made recommending termination of employment for Torres, noting that significant time and effort had been invested in the facts of the case, and definitive action is needed to close the matter. The motion failed in a tie vote with Dowden and Hinton voting no.

Note: At this point, audio resumed

Bartlett requested Torres’ status. Dowden said Torres would remain on paid administrative leave, and another special meeting would be held to reach a resolution. The details would be posted on the district website.

The line staff requested notification of the special meeting details.

The Nov. 2 meeting adjourned at 5:41 p.m.

At the special meeting on Nov. 6, with all directors present, the board moved into executive session at 7:19 p.m. pursuant to Colorado Revised Statutes (CRS) 24-6-402(4)(b), to receive legal advice regarding legal questions related an employee investigation, and held a second executive session, pursuant to CRS 24-6-402(4)(f), to discuss personnel issues related to the fire chief position.

During the executive session, Bartlett apprised the board with information recommended to use for posting the fire chief position, providing a salary range from neighboring departments for comparison. And he said the salary range is usually included in the posting and the higher wage would be reflected in the 2025 budget. The process will be a national search that allows for internal candidates and includes an application window. Time is of the essence, and the board should move quickly and post the position, said Bartlett.

Spence-Zurek said the executive session should address the certifications of some staff members that were out of date or inaccurate. Some members have been paid at a rate of a certification not held. Some are on notice that there is a deadline to remedy the situation. Some members have been demoted and moved to a correct pay scale pending correction of certification questions, and some may be reinstated at their original position.

Three paramedics had expired Pediatric Advanced Life Support certifications, but all three have been remedied. A firefighter EMT was working without a state EMT certification; he was terminated from his position and moved into a wildland technician position. He plans to challenge the national EMT certification and hoping to be reinstated as a firefighter EMT, said Spence-Zurek.

Some members are lacking Colorado certifications, but those members may be allowed to perform specific job duties if they have certifications from a different state. The lateral movement of personnel allows this strategy, and those with out-of-state certifications will be given the opportunity to study and test for Colorado certificates, he said.

For additional information, see the minutes pertaining to the executive sessions at www.bffire.org.

When the board returned to the regular meeting at 8:47 p.m., the board unanimously approved the closure of all pending board-authorized investigations, and in a second motion the board unanimously terminated Torres’ employment with immediate effect.

Firefighter John Singsheim asked if comments were allowed.

Dowden replied, “Not this evening.”

Torres’ mother-in-law Yvonne Krcmer said, “I hope you are proud of yourselves.”

The Nov. 6 meeting adjourned at 8:54 p.m.

Firefighters pursue merger

At the regular meeting on Nov. 20, acting Capt. Chad Herdt suggested the board consider a merger with MFD, and said a merger would allow the district to grow as a fire department. The merger would mitigate the need for costly command staff and ensure competitive pay, and the line-staff have built relationships during training and emergency response time with MFD, he said. Consolidating with MFD could save about $700,000-$1 million annually, and it would benefit the residents by bringing specialized resources to the area, Herdt said.

Dowden asked about Falcon Fire Protection District (FFPD). Herdt said the district works closely with MFD.

Firefighter Dylan Svoboda said the staff train with MFD every month.

Firefighter Melissa Collins said the district runs the PPSC fire academy with MFD.

Acting Lt. Trevor Holliday said the staff has a closer relationship with MFD, and the transition would be easier than with FFPD.

Tarvainen said, “The elephant in the room is also the close relationship with Colorado Springs Fire Department, and the district needs to address all three options.”

Dowden said the decision needs to be the best for the tax-paying residents of the district and take care of the team and whom the district represents. He thanked Fire Chief Andy Kovacs, Herdt, and the other line staff for their input.

Note: The district has a closest unit response agreement with MFD.

Kovacs said he was about to begin his fifth year as fire chief of MFD in January, with 30 years prior serving with Orange County, Calif., a regional provider contracting with 33 surrounding cities. With mergers come great benefits, specific to economy of scale with the services a larger department can provide, he said. MFD will complete a merger with Donald Wescott Fire Protection District (DWFPD) on Dec. 31, and he encouraged the board to reach out to former DWFPD board President Mark Gunderman (serving as a director on the MFD board) to confirm the resounding success.

“I am not trying to build a kingdom, but in the interest of the taxpayer, it is a benefit to have a regional fire district with nine or 10 fire stations than the current four smaller departments,” Kovacs said. There would be a mill levy discrepancy that did not exist with Wescott, since a higher mill levy existed, but the merger will benefit residents, he said.

Alternatively, the district could decide on an “a la carte menu” with a contract for services with certain administrative functions, or a fire authority, or a more formal consolidation process. The DWFPD merger took three years, but originally DWFPD explored a fire authority then skipped that process, because the end goal and the mill levy discrepancy needed to be resolved, said Kovacs.

Glesne said the consolidation and fire authority would require a public vote; a contract for service would not. Consideration should be given to what would happen to the personnel, and that would need to be discussed immediately to include which positions would be needed or contracted, she said. There are some “sticky wickets” that would require negotiation, said Glesne.

Bartlett reminded the board that the department does not have a command staff.

Kovacs said the boards would need to negotiate the terms of a contract for service, and the process would take no more than a few months to facilitate and could include a term limit.

Tarvainen said the board needs to move forward in the best interests of the district.

Dowden said, “The board had been presented with interesting considerations that warrant discussion and consultation with legal counsel, but we have a statutory requirement to get a budget in place by December. I am not advocating the interim fire chief explore options until the board have had further discussions, and the board can formerly engage in discussion next month.”

Tarvainen said Bartlett is requesting approaching all viable agencies.

Bartlett said all three chiefs of the respective fire departments will want to know if the board is willing to engage and consider options.

Dowden said he was not ready to commit tonight.

Tarvainen said moving forward is the responsible action, and she recommended moving forward immediately and continue searching for a fire chief concurrently.

Hinton said it could take up to five months to hire a fire chief.

Tarvainen, Abendschan, and Bartlett agreed that the department will not have any trouble finding an interim retired fire chief to assist with a merger process, and the department needs to “keep the ball rolling.”

Bartlett said he would stay if the board was willing to listen to the staff and explore future options, and he was not asking the board to push the conversation into next month.

Glesne said, “A lot of interesting ideas had been presented, and the ask is for continued discussion, it is appropriate, and there is not contract in front of you, but there is a lot of opportunity to look at different contracts. There is no legal hurdle to posting an interim fire chief position.”

After further discussion, the board agreed that Bartlett should approach all parties that could provide contracts for services, or a fire authority, or a merger, and explore all possibilities, to include a search for a permanent fire chief or an interim retired fire chief for six to 12 months to help facilitate a merger process.

The board unanimously authorized the interim fire chief to enter into discussions with neighboring partner agencies for consideration of proposals for providing services.

Glesne left the meeting at 8:40 p.m.

After a 5-minute recess, the meeting resumed and Dowden said that over the past month the board had discussed hiring a fire chief, but the board is not quite there yet. He suggested a committee be formed to finalize the position.

Bartlett said the position needs to be built out, refine a posting and move forward seeking other options for the department, and decide how long a tenure would be for a future permanent or interim chief.

Abendschan and Tarvainen said the department is close to defining the position.

Bartlett requested two board members assist him with finalizing the qualifications.

After much deliberation, the board unanimously approved a special committee of Tarvainen and Behnken to assist Bartlett in building a posting and job specification by the next meeting.

Dowden said he had received a resignation from Bartlett proposing he step down as interim fire chief and flip roles with Battalion Chief David Rocco. Consequently, he had received a letter of interest from Fire Medic Fielding Lucas requesting the position of interim fire chief.

Bartlett said he would rescind flipping roles if the department was willing to move forward with pursuing options towards a contract for service, a fire authority, or consolidation.

Dowden said the leadership is good to go for tomorrow morning.

Tarvainen said that with more changes coming, it is preferable to maintain the current roles.

Dowden suggested the discussion of the fire chief role be tabled until further discussion to define the role of the fire chief and the timeline for filling the position.

Proposed 2025 budget

Rocco proposed removing the deputy chief and training captain position from the executive staff roster and creating three shift battalion chief positions. It was noted that during the PPSC Fire Academy in 2024, that after 5 p.m. and during weekends that the district had no “on shift” command supervision before he and Bartlett took over in the interim roles. A short-term plan could be developed with existing staff, he said.

Hinton said implementing 14.915 mills for the 2025 mill levy will leave the district with a shortfall of about $300,000. Based on the 2018 election, the district is allowed to adjust annually for any anticipated loss. The district will need to implement 15.56 mills to make up the difference to cover the loss of $296,308, he said.

Note: As of Oct. 31, the General Operations Fund had about $2.4 million for daily operations and a total of almost $3.336 million in savings and reserve accounts. A public hearing will be held at the December meeting before the board approves the 2025 budget, certifies the mill levy, and approves the wage and leave schedule.

Insurance differential reinstated

Dowden said at the previous meeting the topic of qualifying for the insurance differential had been presented, and the board learned that staff members had not been receiving the differential in 2024. In October 2023, the initial budget presentation had included the differential, but on Dec. 28, 2023, during the final presentation of the 2024 budget, the line item had been deleted. The board does not recall making a conscious decision to delete the line item, and there is no record in the recordings or minutes stating the removal of the insurance differential, said Dowden.

The board unanimously approved reinstating the insurance differential, and inclusion in the 2025 budget, at about $3,797 per year.

Check signing approved

The board unanimously approved that only board members and the interim fire chief be check signers.

Fire Academy contract

Bartlett confirmed large chunks of concrete had been removed from the live fire training grounds, but the crushed concrete was not tamping into the frozen ground and a drum roller would be used to assist. Training can take place on the mud, but live fire training will be conducted at Fort Carson during the 2025 PPSC Fire Academy. All students will need to sign a waiver that BFFRPD will not be liable, and waivers should have been signed in the past, he said.

The board unanimously approved the memorandum of understanding with PPSC.

The meeting adjourned at 10:37 p.m.

Note: At the Oct. 16 meeting, the board heard that former Fire Chief Bob Harvey had approached the district on behalf of the Flying Horse North developer to purchase a tender in lieu of providing cisterns within the development.

**********

Meetings are usually held on the third Wednesday of the month at Station 1, 11454 Teachout Road, Colorado Springs. Meetings are open to the public in person or via Zoom. The next regular meeting is scheduled for Dec. 4 at 7 p.m. For additional special meeting notifications, joining instructions, updates, agendas, minutes, and reports, visit https//bffire.org or contact the Administrative Office at admin@bffire.org or call 719-495-4300.

Natalie Barszcz can be reached at nataliebarszcz@ocn.me.

Other Black Forest Fire/Rescue Protection District articles

Black Forest Fire/Rescue Protection District, Oct. 16 – Deputy Chief resigns; board addresses handling of personnel matters; multiple issues require attention

By Natalie Barszcz

At the Black Forest Fire Rescue Protection District (BFFRPD) Board of Directors meeting on Oct. 16, Chairman Nate Dowden addressed public inquiries regarding employee matters and the release of information regarding them in the recent investigations into three members of the executive staff.

The agenda was amended to move into executive session before the regular meeting agenda resumed. The executive session topic of discussion was abbreviated to the hiring of a permanent fire chief, due to the letter of resignation received from Deputy Chief of Operations Chris Piepenburg.

The board discussed establishing the qualifications needed before the fire chief hiring process begins, received a request to reinstate the health insurance opt out before accepting the 2025 budget, heard the training grounds would not be in compliance for the Pikes Peak State College (PPSC) fire academy, and the 1979 aerial ladder truck requires repairs to pass a safety inspection.

Director James Abendschan attended via Zoom.

Board addresses public questions

Dowden provided clarification on several questions received from the public regarding the investigations into three members of the executive staff and said the board strives to maintain a high degree of employee confidentiality regarding personnel matters and investigations, however, news media uses minutes from the board meetings and obtains information through Colorado Open Records Act requests and various other means, and the board cannot control the news media. Addressing the questions received by the public, he said:

  • On Oct. 10, at 5 p.m., former fire chief PJ Langmaid was fully separated from the district and is no longer an employee of the district.
  • The board can only act on information provided by investigators on the investigations authorized by the board.
  • The board was informed that the third-party investigation report involving Piepenburg would be available Oct. 16, and the board added an agenda item to the executive session.
  • However, the board received an email from Piepenburg announcing his decision to resign from the district with immediate effect that morning, and the additional agenda item would not be needed.
  • It is understandable that everyone wants more information, but nobody wants confidential information bandied about. The board tries to provide as much information as possible without violating Colorado employee law.
  • The third-party investigation reports are retained by legal counsel and will remain confidential under attorney-client privilege.
  • The investigation into Capt. Michael Torres is still ongoing and no further updates are available.
  • Some scheduling issues with staff deployments are delaying the investigator to schedule interviews and report expeditiously, but the objective is to see all matters resolved and the investigations closed.

Note: At the Aug. 21 board meeting, the board approved a second investigation into the allegations brought against Piepenburg and Torres during the initial investigation into allegations made against Langmaid. Torres remains on paid administrative leave. See https://wp.ocn.me/v24n10bffrpd/.

Interim fire chief selection

Dowden addressed the reason behind the board’s selection of Interim Fire Chief Josh Bartlett, a battalion chief with Colorado Springs Fire Department (CSFD). The driving factor that influenced the board decision was Bartlett’s stellar credentials. He possesses all the appropriate fire officer certifications recognized by the Colorado Department of Fire Prevention and Control and the Colorado Metropolitan Certification Board. His career, background, and experience as captain of the HR Division of CSFD made him the ideal candidate to step in, providing an unbiased, non-partisan view to help the department identify what went wrong, and get us back on track, Dowden said.

Indemnification for interim fire chief position

Dowden requested the board approve Resolution 2024-06 to provide Bartlett, as interim fire chief, with the appropriate indemnification coverage that the district would provide to any permanent fire chief.

The board unanimously adopted Resolution 2024-06 as presented in a document provided by legal counsel.

Dowden said Bartlett is fully in power in accordance with the district bylaws in an interim appointment, but the district will be soliciting applicants for the permanent fire chief position. He said district counsel Linda Glesne advised the board to discuss the qualifications and criteria for the fire chief position before conducting a search. The board needs to make absolutely clear the expectations for a suitable candidate before advertising the position. The district had a job posting sample about five years ago, and the hiring will be an open-application process, with specific qualifications to meet the criteria, Dowden said. Glesne has suggested the board be the hiring committee or contract with a search company to find a fire chief before the board makes a selection, he said.

Bartlett said as the board conducts the search it needs to understand that most chiefs are not working a fire line, they don’t need reciprocity but should have multiple years of officer/command level experience, Fire Officer 1-3 certifications, National Command level certifications, bachelor’s and master’s degrees, and the equivalency of running an organization. The pay has changed dramatically. For example, South Metro Fire Rescue is advertising $350,000 for a fire chief position, and the Monument Fire District (MFD) position pays about $185,000 (including benefits). The housing market in Colorado Springs is one of the most expensive in the nation and may require a candidate to move from out of state.

Vice Chair Kiersten Tarvainen suggested the district research similar departments of the same size in the state to understand what the district needs and wants in the next fire chief.

Bartlett said the district needs to explore the budget, the revenue sources, and the exclusion of properties. MFD will be fully merged Dec. 31, and the district could explore the possibility of a unified fire authority or a contract for services with another department. A merger would likely impact the mill levy and would require voter approval, but all avenues should be explored to ensure the level of service to the customers is maintained, he said.

Dowden said the district has the ability to move forward, and he suggested the board form a committee to work with the chief to formulate a job description, with a work session on Nov. 2 from 10 a.m.-2 p.m.

Agenda modified

The board unanimously approved a modified agenda, deleting the second part of the executive session discussion relating to personnel matters and the third-party investigation involving Piepenburg. The board promptly moved into executive session before continuing the regular meeting.

Executive session

The board moved into executive session at 7:22 p.m. on Oct. 16, pursuant to Colorado Revised Statute 24-6-402(4)(b), to receive legal advice regarding personnel matters that have been subject to investigations. The personnel matters that involved Piepenburg under 24-6-402(4)(f), were not discussed.

Dowden said the timeline for the conclusion of the investigation was unknown, but should the investigation conclude before the Nov. 20 regular meeting, the board may deem it appropriate to schedule a special meeting.

2025 budget in progress

Bartlett said the district staff is diligently working through the proposed 2025 budget that is a working document and about 60%-70 % complete. Clarification is still needed from the assessor’s office, and the company officers are deciding on the needs versus wants, and what the district can afford, to provide the correct numbers. He presented a working document to the board and noted he was told he would not be dealing with the budget and two months later he is, and it’s a large uptake. The district puts together a very good document, but he will not call it a zero-based budget because he grew up in a business world where you have to prove everything is needed, and the budget forecasts what the district thinks it needs, and that is not zero-based, my vernacular is different, he said. See https://wp.ocn.me/v24n1bffrpd/.

Hinton said the district does not know what the backfill (money from the state) will be for 2025 after the passing of the new property tax laws. The Special District Association expects the backfill to be the same as for 2024.

The district received just over $100,000 in additional backfill from the state in 2024 for a total of $477,876. See https://wp.ocn.me/24n7bffrpd/.

Bartlett said the district will not spend the money the former chief spent on Echelon Front training and videos. Training will be focused on individual career development, and the district will also focus on finding sustainable revenue sources.

Pay scale unclear

Bartlett questioned the wage schedule of the hired rate versus tenure, experience, and certifications. If we brought someone on at a lateral wage, but they had multiple years of experience and the credentials to prove certifications, and they qualify for a higher rank, they should be able to receive higher rates of pay, Bartlett said. But the wage scale stipulates every block of time has to be filled before achieving higher pay, he said.

Dowden said the opposite could occur if someone is brought in at a higher pay grade but did not meet the criteria for the pay grade, that becomes a benchmark from how they move forward.

Bartlett said Langmaid was not detailed across the board when he brought staff on and made offer letters, but the district should change that, follow procedure, exempt the existing staff, and clear up the discrepancy with offers moving forward.

District receives grant

A/Captain Michael Alverado said the district was awarded a Federal Emergency Management Agency Assistance to Firefighters Grant on July 8 for a total of $198,400 (includes district contribution). The grant stipulates the district must contribute funds equal to, or greater than 10% of the grant awarded. Alverado requested the board approve about $18,036 for the funding of 19 sets of Self-Contained Breathing Apparatus units, harness backpacks, face pieces, and two cylinders for each line member, in addition to base pieces for a total of 33 pieces for each line member.

The board unanimously approved the district’s contribution for the proposed equipment purchase from the 2024 budget.

2024 wage and leave schedule health insurance differential

Dowden said that historically, if a member of the Fire Department has other benefits via a spouse, the member can opt out of departmental health coverage and receive a compensatory amount in lieu of it.

Lt. Brandon Jones, attending via Zoom, requested the board consider reinstating the health insurance differential after it had been removed from the 2024 budget before approval on Dec. 28, 2023, and he said:

  • Annually the compensatory amount is about $3,797 but the cost savings for the department for a typically annual payment is $8,685 per individual with medical, dental, and vision.
  • If an individual opts out of health insurance, the department saves $4,888 per individual.
  • Half of the department staff is married or getting close to it or has the opportunity to opt out of the district health plan.
  • The previous administration arbitrarily made the decision to remove the option from the wage and leave schedule after it had been used in 2022-23, to crush dissent and based on ideas such as federal law and the Affordable Care Act, stating noncompliance, liability to the department, and a burden to payroll staffers.
  • If it is a win-win financially for the department and staff members, it defies common sense not to include the option.
  • He requested the board reinstate the opportunity to allow multiple staff members to switch to spousal health plans before the open enrollment window closed.

Dowden said that when the board accepted the 2024 budget, it was included in the wage and leave schedule in the October 2023 presentation of the proposed 2024 budget. When it was finally presented for approval on Dec. 28, the wage and leave schedule had been modified and the opt out and health insurance differential had been removed, but he could not recall how or why they were removed. He noted the board meeting minutes did not mention the action and he wondered if the tapes were still available from that time frame.

The board promptly received from Jones the email staff members received from Langmaid in 2023. The email informed staff of the reasons for removing the opt out of department health insurance line item.

Bartlett said that if Langmaid made the decision without discussing the action with the board, the staff could be reimbursed retroactively. The fire chief does not have the authority to make the decision, he said.

Dowden said the board approved the budget Dec. 28, 2023, but the single line regarding the differential had been removed from the October presentation, and he had no direct recollection of the board consciously removing the line item. As the board looks at the 2025 leave and wage schedule, it makes sense to include the option, he said. The board will do more digging and include any retroactive payment in the 2025 labor costs, Dowden said. He thanked Jones for bringing the issue forward and encouraged the entire team to bring issues forward to the executive staff, and then nothing gets lost in the noise.

Jones said the previous administration had requested the line staff “pick and choose your battles” when approaching the board with requests, and that is why the board has not heard a lot from the line staff, he said.

Dowden said the entire board hopes the relationship is not a battle but a discussion.

Fire drill ground requires solid surface

At the Sept. 18 meeting, Bartlett suspended live fire training at the districts’ training facility until the district brought the training ground into compliance with safety standards. He said the district invites multiple departments to use the fire drill ground and co-hosts the PPSC 16-week Firefighter Academy. See https://wp.ocn.me/v24n10bffpd/.

At the Oct. 16 meeting, Dowden asked Bartlett if the district was still partnered to jointly host the academy with Monument Fire District (MFD) and PPSC to run a course in January 2025.

Bartlett said the district needs to backfill a prop that has a moat around it and rectify the crushed concrete all over the fire drill ground. It is not recommended for best practice and needs to be replaced with either concrete or chipped asphalt. RB Excavation Demolition LLC estimated the backfill and chipped asphalt to encase the chipped concrete would cost about $20,000 to bring the fire drill ground into compliance. The district has already reached $100,000 in workers compensation liability from ankle injuries, with one staff member off shift and on light duties for 16 weeks post-surgery. The district does not need the liability of students incurring the same injuries. A release of liability would be needed and additional language in the memorandum of understanding (MOU) with PPSC, Bartlett said.

The district needs to be as compliant as possible to host training and ensure that everything has been done to reduce all liability, to include the daily training of district staff, Bartlett said. Langmaid made a contract with RB, making multiple payments under $5,000, totaling about $11,000, so the district is owed about 106 hours of operating hours, he said. Langmaid also permitted RB to fill the excavation equipment from district fuel drums (about 1,000 gallons), and some equipment would need to be rented to complete the project, said Bartlett.

Dowden said no plan was ever presented to the board and it all appears to be on the fly. A defined footprint is needed before the board can provide clear guidance for the project.

Tarvainen suggested a delay due to the time of year and the pending temperature changes.

Bartlett said the 2025 MOU with PPSC had not been signed, and he suggested the college resort to Plan B and use Fort Carson or CSFD for training purposes, given the short time-frame left to bring the fire drill grounds into compliance.

After further discussion on the area to be modified and the depth of the asphalt, the board decided to proceed with the project.

The board unanimously approved $20,000 for the project to be completed, contingent on the outstanding labor plus fuel for the rental equipment.

District Administrative Officer Lisa Emry confirmed to this reporter that the BFFRPD Community Room is reserved for classroom tuition from January through May 2025 for the PPSC Fire Academy.

Aging ladder truck has issues

Logistics Officer Rachel Dunn said the Engine 713 aerial ladder truck had electrical issues. District mechanic Gavin Smith reached out to Front Range Apparatus and Seagrave, and both advised they will not work on the electrical issues.

Bartlett said the 1979 aerial ladder truck repairs are on the back burner to focus on building the Type 6 brush trucks, because the ladder truck has major issues with the Aerialscope and it may not pass a ladder test required before placing into service, and said:

  • The ladder test was conducted by an out-of-state third-party provider when purchased, but when extending the Aerialscope at a 90-degree angle test now, there are degrees of shifting, which means the main and carrier bearings are loose inside.
  • Some parts can be ordered, but most would need to be custom made because the 1979 Aerialscope was placed on a 2005 chassis.
  • The wiring also has a problem because it was originally an all-hydraulic unit, but when Pierce Manufacturing replaced the chassis, the controls were turned over to an electrical unit and now it is not talking to the Aerialscope.

Pierce Manufacturing provided a paper with the entire schematic of the engine and it will not work on the apparatus, Seagraves will not work on the apparatus even though it now owns Aerialscope because it cannot get parts. Front Range Apparatus also will not work on the apparatus and Brindlee Mountain Apparatus of Alabama will not purchase the apparatus back and their third-party repair facility suggestion did not return Smith’s calls, said Bartlett. See https://wp.ocn.me/v22n6bffrpd/, https://wp.ocn.me/v22n7bffrpd/, and https://wp.ocn.me/v22n8bffrpd/.

Treasurer Jack Hinton said that when the district purchased the “pile of crap,” a defect return policy was not disclosed.

Bartlett said once the district conducts a walk-through, signs off and makes the purchase, it is standard industry practice to not accept a return. The district purchased the apparatus over two years ago and the inspection report from the district’s walk-through is available, but it was not conducted by Smith, he said.

Note: The delivery of the ladder truck was delayed until April 26, 2023 after leaks were found in in the fire hose supply line in October 2022, and the parts were delayed for about five months. Pierce Manufacturing covered the cost of the replacement hose line, and Brindlee Mountain Apparatus provided a 90-day warranty upon delivery. See https://wp.ocn.me/v22n12bffrpd/ and https://wp.ocn.me/v23n5bffrpd/.

In September, the district purchased ladders totaling $13,307 to equip Engine 713.

Logistics update

Dowden asked about building out a new Type 3 Wildland engine for deployments.

Bartlett said any new project will push the building of the Type 6 brush trucks further out. The Type 6 apparatus can be deployed and make revenue for the district quickly, once built.

Dunn confirmed that Smith was building out a Type 6 brush truck for completion mid-November and the second would be built in December/January.

Note: The financial and department report can be found at www.bffire.org.

The meeting adjourned at 10:09 p.m.

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Meetings are usually held on the third Wednesday of the month at Station 1, 11445 Teachout Road, Colorado Springs. Meetings are open to the public in person or via Zoom. A work session is scheduled for Nov. 2 from 10 a.m. until 2 p.m. The next regular meeting is scheduled for Nov. 20 at 7 p.m. For additional special meeting notifications, joining instructions, updates, agendas, minutes, and reports, visit https://bffire.org or contact the Administrative Office at admin@bffire.org or call 719-495-4300.

Natalie Barszcz can be reached at nataliebarszcz@ocn.me.

Other Black Forest Fire/Rescue Protection District articles

Black Forest Fire/Rescue Protection District, Sept. 5 and 18 – Interim fire chief on board; live fire training suspended

By Natalie Barszcz

The Black Forest Fire Rescue Protection District (BFFRPD) Board of Directors held a “special meeting” on Sept. 5 to receive legal advice from attorney Dakota Spence-Zurek of Cockrel Ela Glesne Greher & Ruhland, P.C. (CEGR) Law regarding the hiring of an interim fire chief and to receive legal advice regarding the departure of former Fire Chief PJ Langmaid. The board approved the hiring of Battalion Chief Josh Bartlett as the interim fire chief.

At its regular board meeting on Sept. 18, the board heard the “live fire” training drill grounds were out of compliance with National Fire Protection Association (NFPA) standards. The board received the 2023 audit presentation with a “clean opinion,” and received a petition to exclude 128 platted homes.

The board held an executive session to receive legal advice from CEGR Law regarding personnel matters relating to the second investigation into the allegations brought against Deputy Chief of Operations Chris Piepenburg and Training Capt. Michael Torres during the investigation of the former fire chief. The meeting was preceded by the annual Volunteer Pension Board of Trustees meeting.

Special meeting executive session

At the Sept. 5 “special meeting,” the board promptly moved into executive session at 7:11 p.m., pursuant to Colorado Revised Statute 24-6-402(4), (b) to receive legal advice on the departure of the fire chief and the appointment of an interim fire chief. See wp.ocn.me/v24n8bffrpd/

When the board returned to the regular session at 8:13 p.m., Chair Nate Dowden said the district needs an interim fire chief until the board conducts a search for a permanent fire chief. The interim appointment will help the department organize and return to normal operations, he said.

The board unanimously appointed Colorado Springs Fire Department (CSFD) Battalion Chief Bartlett to the position of interim fire chief.

Bartlett will continue to maintain his career with CSFD during his temporary interim fire chief role. He has the necessary background and skills to provide the expertise needed for the department to regain its footing and is willing to take on the role, said Dowden.

The special meeting adjourned at 8:23 p.m.

Note: The district ratified an agreement with CSFD for the provision of interim Battalion Chiefs Bartlett and David Rocco to share the operational duties of the district from Aug. 1. The district is paying for both part-time employees.

Secondary investigation continues

The board moved into executive session at 7:52 p.m. on Sept. 18, pursuant to Colorado Revised Statute 24-6-402(4)(b), to receive legal advice regarding personnel matters that have been subject to investigation.

When the board returned to the regular session at 9:06 p.m., the following action was taken:

Vice Chair Kiersten Tarvainen made a motion to authorize Dowden to execute the terms of the separation agreement with Langmaid as presented by legal counsel. See https://krdo.com/news/2024/09/09/documents-claim-black-forest-fire-chief-choked-out-firefighters-fostered-fears-of-retaliation/

The board unanimously accepted the motion.

Dowden said the board was briefed by legal counsel on the status of the ongoing investigation, and the investigator is still working diligently and expeditiously to wrap up the investigations. It is a process, and everyone’s patience is appreciated as the district works through the investigations, he said. Legal counsel will apprise the individuals of the current status of the investigation, Dowden said.

Note: At the Aug. 21 board meeting, the board approved a second investigation into the allegations brought against Piepenburg and Torres during the initial investigation into allegations made against Langmaid. Piepenburg and Torres remain on paid administrative leave.

Fire Drill Grounds deemed unsafe

Dowden said that when the district retained Bartlett, the board asked him to examine the department’s strengths, weaknesses, opportunities, and threats (SWOT), and he identified some issues with the Fire Drill Grounds. All of the directors have walked the training grounds with the chief except Director James Abendshcan, but a time will be scheduled to examine the grounds together. He asked Bartlett to explain the NFPA standard and what that means for the board representing the district.

Bartlett said the NFPA has standards “best practices for the industry” unlike Occupational Safety and Health Administration standards, that are not mandated across the board, and said:

• The district has the ability to take on the NFPA standard or be compliant at the same level, backed up by a standard operating procedure or a standard operating guide to the same standard.

• After walking through the training grounds looking for compliance with the 2018 NFPA standard 1403, that relates to live fire props and burns, setting fires using wood and straw to create a realistic atmosphere for training, he found the grounds were outside the regulation, and the district would need to accept that liability.

• Training grounds come with a lot of liability, and one firefighter is on limited duty due to a recent injury on the training ground. It happens within the fire service, but the liability should always be reduced where possible while still maintaining realistic training grounds.

• He walked the training grounds with the acting captains and lieutenants, trying to find out about previous training experiences and how the district uses the training grounds, to determine if the district complies and whether the department can reduce the liability.

• Some challenges can be cleaned up, but the district is not in compliance with the 2018 NFPA 1403 standards.

Dowden said it sounds like the board and staff have a task to identify where the district goes, what we are doing, and what the district is doing as the jurisdiction accepting liability.

Bartlett said that as the district moves toward a permanent chief, he recommended implementing one-year, five-year and 10-year plans, with an initial cleanup to bring the training grounds into compliance, but it will take funding. Multiple departments use the training facility, and Pikes Peak State College (PPSC) runs a 16-week training academy at the facility.

Dowden asked if the district is still partnered to jointly host the academy with Monument Fire District (MFD) and PPSC to run a course.

Bartlett said the PPSC Firefighter Academy course is scheduled to begin January 2025, with candidates identified by the college and MFD, but the district is unsure if the budget will allow for firefighter trainees.

Dowden said that bringing the training grounds into compliance will require some budget needs for the fire academy between now and January, before the classes begin.

Bartlett said the district must be as compliant as it can be if it is to host training and ensure that everything has been done to reduce liability as much as possible before the classes begin. As of Sept. 18, live fire training at the district’s training facility is suspended until the modifications can be made to the fire drill grounds, and certified 1403 live fire instructors and safety officers are in place, said Bartlett.

Bartlett said the SWOT analysis of the department as a whole would hopefully be provided to the board in October. He continues to be employed with CSFD and is working part time for BFFRPD, and sharing duties with Rocco, he said.

Dowden said the board appreciates the continued support from both battalion chiefs.

Aspen Meadows development exclusion petition

Logistics Officer Rachel Dunn presented the board with a petition for exclusion for 128 platted properties in subdivision filing 4 in a development between Forest Meadows Avenue and Cowpoke Road.

Treasurer Jack Hinton said the district has not begun to receive property taxes for the development, and the exclusion would not take place until next year, but the district is dual responding with CSFD. The petition for exclusion is not part of the 2018 ongoing exclusion process of about 2,200 homes bordering the southern portion of Black Forest subject to dual taxation. If it takes that long to go through the court process, the district will receive revenue for the homes when they are built, he said.

Note: After the district approved the exclusion process in 2018, the process was slow until a number of residents questioned the delay in 2020. About 700 homes out of 2,200 homes were excluded at the end of 2021, and about 952 properties are pending exclusion as of December 2023. In August 2013, CSFD opened Station 21 to provide services in the area subject to dual taxation. The exclusion process was implemented incrementally, as agreed upon by all governing parties, to avoid losing about a third of the district’s property tax revenue all at once. See wp.ocn.me/v24n1bffrpd/.

2023 audit presentation

Auditor Tom Sistere thanked the executive staff and the Board of Directors for hiring Hoelting & Sons to conduct the 2023 audit and said the district’s financial condition is strong and the financial statements are presented fairly in all material respects. The audit result is an unmodified or a “clean opinion.” The audit gives two presentations, government-wide financial statements and fund financial statements, and Sistere said:

  • In the government-wide statement of net position, the overall cash and investments were up by about 26%.
  • Capital assets were down $147,000 as depreciation exceeded capital outlay.
  • Liabilities were up just $76,000 as the net pension liability was up $198,000. It was reduced by accounts payable and other liabilities being down by about $80,000.
  • The Firefighters Police Pension Association (FPPA) membership is a lot healthier than the Public Employees Retirement Association pension. The FPPA over the years has been more financially responsible in managing the pension funds.
  • The overall equity position was up $394,000.
  • The General Fund ratio of unassigned fund balance to expenditures has consistently landed over the past couple of years as having about 110-160 days’ worth of fund balance coverage. (The district needs to cover about three months into the next calendar year until property tax revenue is received in March).
  • Revenues were up about $54,000 (about 1%) due to additional tax revenues.
  • Expenditures were down due to less capital outlay.
  • Recommendations were made for the internal controls, but there were no negative findings.

Sistere said it was good first-year audit, and he thanked the staff for their help, noting the audit had already been submitted to the state

The board unanimously accepted the 2023 audit as presented.

Financial report

Hinton said that as of Aug. 31, the district had about $3.392 million in the General Operations checking account. It is about 7% under the anticipated budget for 2024, and it will add the unspent funds from the 2024 budget to next year’s budget.

The board unanimously accepted the financial report as presented.

District Administrator Lisa Emry said the district had received $25,406 in ambulance revenue and received in total tax revenue of $47,790. The notable expenses were the following:

  • Painting of the new brush truck for $5,000.
  • Repairs to the Type 3 Engine for $15,596.
  • Annual renewal of contract with Stryker $7,123.

Logistics Officer Rachel Dunn said the district sold the Vermeer Skid Steer for about $12,577, and district mechanic Gavin Smith is building out the Type 6 brush truck and diagnosing the electrical issues on Engine 713.

The financial and department report can be found at www.bffire.org.

Impact fee study

Dowden said the department needs to be mindful of implementing impact fees, and he recommended the board begin formulating a request for proposal to find a consultant to conduct the impact fee study in October. He will request an update from Glesne for the October meeting, he said.

The meeting adjourned at 9:08 p.m.

Volunteer Pension Board of Trustees

Volunteer Pension Board Trustee Lisa Montijo was excused.

The board approved the minutes of the meeting held on Sept. 20, 2023.

Hinton reviewed the financial records for the volunteer pension fund and said:

  • The beginning balance six months ending June 30, 2024 was about $1.379 million in the FPPA volunteer pension fund.
  • Allocated income and expenses were about $66,991.
  • The ending balance was about $1.419 million.

The accountants find the fund over capitalized annually, but the district will continue to contribute $10,000 annually to the fund to gain the state contribution of $9,000.

The financial report was accepted as presented, 6-0.

Dowden asked board Secretary Donna Arkowski about the continued growth of the pension fund and questioned if the board should re-evaluate the district’s contributions.

Arkowski said the board has the latest actuarial report (generated every two years) stating the volunteer pension fund is overfunded, but the recommendation is for the district to continue funding to maintain the fund that has 20 volunteer pensioners and two spouse survivors receiving a monthly pension. It does not take much to go from overfunded to an “oops” situation, she said. The fund pays out about $37,000 monthly and when the last pensioner passes, the district will receive the remaining balance, said Arkowski.

Dowden said the advice for the board is to read the actuarial report carefully before making any changes.

The next annual meeting is scheduled for Sept. 17, 2025.

Arkowski and the board members thanked former Paramedic/Captain John Strupp for his volunteer service from 1993-2005. Strupp serves as a Volunteer Pension Board trustee.

The Volunteer Pension Board meeting adjourned at 7:08 p.m.

**********

Correction

In the September edition, the BFFRPD article should have stated “Acting Capt./Lt. Michael Alverado.” OCN regrets the error.

**********

Meetings are usually held on the third Wednesday of the month at Station 1, 11445 Teachout Road, Colorado Springs. Meetings are open to the public in person or via Zoom. The next regular meeting is scheduled for Oct. 16 at 7 p.m. For joining instructions, updates, agendas, minutes, and reports, visit https://bffire.org or contact the Administrative Office at admin@bffire.org or call 719-495-4300.

Natalie Barszcz can be reached at nataliebarszcz@ocn.me.

Other Black Forest Fire/Rescue Protection District articles

Black Forest Fire/Rescue Protection District, Aug. 21 – Board action criticized; fire chief contract terminated; second investigation initiated

By Natalie Barszcz

At the Black Forest Fire Rescue Protection District (BFFRPD) meeting on Aug. 21, the board received criticism from attendees and pleas for fairness during public comments, and it held an executive session to receive advice from legal counsel Linda Glesne of Cockrel Ela Glesne Greher & Ruhland, P.C. (CEGR) Law relating to the status of a third-party investigation into the complaints received against Fire Chief PJ Langmaid. The board held an additional executive session to discuss a personnel matter involving the fire chief.

After the board returned to the regular session, Langmaid’s contract as fire chief was terminated, and the board approved the hiring of an interim fire chief and a second investigation into the allegations brought against Deputy Chief of Operations Chris Piepenburg and Training Capt. Michael Torres during the investigation of Langmaid.

Langmaid and his attorney, Ian Kalamanowitz of Cornish & Dell’Olio PC law firm, attended the meeting.

Staff complaints addressed

Background: The board held an emergency special meeting on July 1 to convene an executive session with legal counsel after the board received emails from staff members citing allegations against Langmaid on June 28, June 30, and July 1. The board placed Langmaid on paid administrative leave and approved that legal counsel engage a third-party investigator to initiate and lead a comprehensive investigation into the allegations made against Langmaid and the claims and issues brought forward about the command staff and overall leadership culture within the department. The board unanimously approved limiting the actions of the command staff to operational needs.

At its July 17 board meeting, after receiving the preliminary findings of a third-party investigation, the board directed district counsel to proceed with a 360-degree investigation over a variety of matters brought to the board. CEGR Law retained Flynn Investigations Group to facilitate the investigation, and the board placed Piepenburg and Torres on paid administrative leave. See https://wp.ocn.me/v24n8bffrpd.

Public comments request fair treatment

Before moving into executive session at the Aug. 21 meeting, the board called for an additional public comments section and received the following responses:

  • April Piepenburg, wife of Chris Piepenburg, said the following: “For the past 20 years, I have watched my husband pour his heart into the fire service, demonstrating unwavering dedication and selflessness, with a commitment beyond emergency response, and he is committed to stand by his fellow firefighters, valuing their wellbeing and safety both inside and outside the station. This commitment stems not from obligation, but from his genuine character. So, when a serious issue was brought to his attention involving the fire chief, he did the right thing and promptly reported the incident to the board. Unfortunately, this act of integrity resulted in an unjust and painful backlash. The board has cast doubt on his character and integrity, deeply damaging his hard-earned reputation in the fire service. Chris has faced humiliation via two local news outlets and three nationally recognized fire service publications that included false, unsubstantiated and biased attacks on both Chris and Capt. Torres with allegations made directly by a board member.
    • “Their work with educators and firefighters across the county has also been tainted by this scandal, spreading the damaging news far and wide, by lumping them into the same category with the fire chief who is the focus of this investigation. By placing Chris and Capt. Torres on administrative leave you have called into question their integrity, by implying they would have influence over staff during the investigation. In doing so, you have called into question the integrity of every member of staff has also been called into question suggesting they can be swayed into providing dishonest answers. Integrity is the corner stone of any organization, a core value adopted by the department, without integrity there is no credibility, without credibility there is no trust, and without trust there is no lasting success. By prioritizing personal relationships with the fire chief and focusing on punching the whistleblowers, rather than addressing misconduct, you send a clear message to the organization, their concerns are secondary.
    • “This approach not only undermines trust and signals that future issues will be met with retaliation and humiliation rather than resolved with fairness and integrity. As a result, the board has cultivated a climate of fear among firefighters, where speaking up and seeking help is met with intimidation, job insecurity, and public humiliation. Do you want a leader who stands firmly and fights for what is right or someone who will sweep issues under the rug to protect their own interest? Deputy Chief Piepenburg and Capt. Torres were fighting for their people, she said. See KRDO 13 https://krdo.com/news/2024/08/14/black-forest-fire-captain-claims-retaliation-after-being-put-on-leave-while-chief-is-investigated/
  • Yvette Torres, the wife of Training Capt. Michael Torres, said, “I am here representing and supporting my husband who was banned from the grounds and cannot speak on his own behalf. I am hoping to get some answers to the questions that Mike, myself and my family cannot seem to get.”
    • She said the following: “Personnel reported claims against the chief to Capt. Torres, who reported the claims via the chain of command to Deputy Chief Piepenburg, who then reported the claims to the board. At the July 17 board meeting the meeting concluded with a shocking decision to place both Mike and Chris on paid administrative leave, this transpired at 10 p.m. Mike was not present at the meeting having already left the meeting, and he was not informed by any board member or administrative staff that he was placed on paid administrative leave. On the evening of July18 at 7 p.m. he received a letter informing him he was not the focus of the investigation and would remain on paid administrative leave for an unknown duration during the process of the fire chief’s investigation. He was told by the investigator he would keep him updated; a month later he has not heard from anyone. How are these incompetencies being allowed? Where is the accountability? How do you put someone on paid administration leave and not provide them with a reason that is relevant to them. How do you place someone on paid administrative leave in good faith for the crimes of another? How do you leave the firefighters and officers without leadership, especially the very leadership that brought the allegations forward?
    • “The line members’ turnover rate has and will continue to be high and Black Forest will continue to lose good people if they do not feel supported, and have firsthand seen that when someone does stands up to protect them, they are retaliated against. How is it okay that taxpayer money is being wasted so brazenly, as most of the administrative personnel are on paid leave, and now third-party officers are provided coverage? In blogs and newspaper articles questions are being raised if the third-party individuals are being paid and why those individuals were chosen versus companies closer to Black Forest such as Falcon and Monument? How will it affect the future and future budget of the department? How do you disregard the lives of people like Mike and Chris who it is not just a job, this is their lives? Mike brought personal props, tools, and equipment to the department to allow him to give the best training to Black Forest firemen, but due to being banned from the grounds he has been denied access to those items that are his. When he has brought this up he hasn’t gotten responses, and continues to be treated as if he is the criminal being investigated. Both Mike and Chris pride themselves on making the fire service and Black Forest Fire Department a better and safer place yet both are on administrative leave which is tarnishing their reputations, while they have done nothing wrong.
    • “How does Black Forest feel knowing that the Fire Department regulations are not up to date due to Mike being banned from the grounds which has led to personnel not having appropriate training, being up to date on state required certifications, and taxpayer money again being blatantly wasted and abused. Why are you treating these men as criminals? And Jim, how are you going to the press, slandering their names and ruining their reputations? How can you all in good conscious think all of this is okay, and what are you going to do to make it right?” said Torres.
  • Yvonne Krcmer, speaking on behalf of her son-in-law, Michael Torres, said, “In all of the years I have known Michael I have always been impressed with his work ethic and passion for the fire service. He is a hardworking, loyal, dedicated, honest, and compassionate person. He has always put his heart and soul into fighting fires and helping his fellow firefighters in any way that he possibly can Through his many years of extensive training, he has a lot of knowledge to share. For 25-plus years, Michael has been taught to conduct himself in a professional and ethical manner at all times. He has gained the respect of his peers and supervisors through his actions, and if he makes a mistake, he is the first one to own up to it That being said, I truly cannot believe the disgraceful way that he has been treated. He reported some allegations to his supervisor that had been brought to his attention, from not one, but several fellow firefighters. These issues are not only considered unacceptable within the fire service, but in most jobs/careers. It is also unacceptable that these firemen did not feel safe to report the actions of the chief in fear of retaliation. It has been brought to our attention that a few board members are very good friends with the chief, and it strongly appears that they might be hesitant to take the appropriate action concerning their friend. Isn’t being a friend of the person accused a conflict of interest? Punishment is being given to a man who was only doing the right thing. The lack of communication is unbelievable, how do you put someone on extended paid administrative leave treat him the way he has been treated, without a clear explanation. What steps are the board taking to get Michael back to work? Michael has earned the right to be treated in a respectful way by the board and the community. Unfortunately, this is not the road this board has chosen to take. The actions by the board and the comments made to KRDO 13 seem to be calculated and unfair. By temporarily removing these men from their positions, what does that truly accomplish? It is terrible how this man has been building a positive reputation in the fire community for all these years to have this board tarnish his reputation. Our family hopes to get answers and all of this resolved in a timely manner, seen as it has been going on for far too long,” said Krcmer. See https://gazette.com/ttribune.com/black-forest-fire-chief-placed-on-administrative-leave-after-staff-complaints/article.
  • Note: Krcmer stated during her comments that the building access codes had been changed, but staff were willing to meet Torres at the perimeter of Station 1, to return his property.
  • Ryan Haynie, treasurer of the Del Norte Fire Protection District Board of Directors, addressed the board via Zoom and said, “I would like to remind the board that you have a duty to take care of your constituents, take care of your firefighters, and take care of the affairs of the district. Unfortunately, when these types of incidents happen it is a negative perception for the department and the fire service in general. Please be fair with everybody whose involved in this, please don’t create environments where members don’t feel safe to report things. Your obligation as board members is to do what’s best for that fire district, and when you have individuals that don’t feel safe to report allegations, or when they do report allegations, they feel that they have retribution against them for doing the right thing, that’s not fair. Please take care of your people, because without the people you don’t have anything left. Those individuals who go out on the trucks every day, who are training, who are doing everything that they’re doing, they are the ones who are keeping your district going; that’s who the people see every day and who the people trust. Take care of your people, treat them right, and keep them safe,” said Haynie.
  • Firefighter Michael Alverado requested the board allow additional public comments after the executive session before the regular session concludes, to allow educated comments.

Chairman Nate Dowden thanked Piepenburg, Torres, Krcmer, Haynie, and Alverado for their comments.

After the board returned from the executive session and all actions had been made, Abendschan addressed Torres and Krcmer regarding the accusations made during the first public comment session. He said he had not spoken with any media outlets and had he been asked to comment by the media, he would have declined and will continue to do so. The information KRDO News 13 and other media outlets repeated was sourced from the board minutes available on the district website, said Abendschan.

Executive session

The board moved into executive session at 7:33 p.m. pursuant to Colorado Revised Statute 24-6-402(4), (b) to receive legal advice on the status regarding the investigation of complaints, and CRS 24-6-402(4)(f), to discuss a personnel matter involving the fire chief.

Board takes further action

When the board returned to the regular meeting at 11:26 p.m., Dowden confirmed the board had concluded the executive session and had not deviated from the agenda. He thanked the attendees for remaining during the evening and said the board had accepted the investigative report prepared by Karin Ranta-Curran with Employment Matters Flynn Investigations Group, and the investigation into the allegations brought to the Board of Directors on June 28 against the fire chief was closed.

The board unanimously approved Glesne negotiate the terms of departure for Langmaid and pursue the hiring an interim fire chief.

The board approved a second investigation into the allegations brought against Piepenburg and Torres during the initial investigation, in a 4-1 vote. Director Chad Behnken voted nay.

Vice Chair Kiersten Tarvainen said both employees will remain on paid administrative leave until the investigation is completed, and legal counsel will provide written instructions to both employees on Aug. 16.

Interim battalion chief’s contract

Before the first public comments session and the executive session, Chair Nate Dowden said the board authorized negotiations to begin at the July 17 meeting to identify interim battalion chiefs to temporarily handle the duties of the fire chief and deputy operations chief during the investigation. He requested the district ratify the agreement with Colorado Springs Fire Department (CSFD) for the provision of interim Battalion Chiefs Josh Bartlett and David Rocco, who have been sharing duties since Aug. 1.

The board unanimously approved the agreement.

Logistics Officer Rachel Dunn confirmed to OCN that the CSFD interim battalion chiefs are not assisting with administrative matters or making financial decisions, but they are responding on calls, providing guidance and training to staff, and working from 8 a.m. to 5 p.m., five days per week, including weekends.

Financial report

Treasurer Jack Hinton said that as of July 31, the district had about $9.694 million in total assets (about $3.713 million in Operations Checking), the district is at 52% of the anticipated budget for 2024 and should be 58% of the budget for the time of year, but the district has been under budget for some time, said Hinton.

The board unanimously accepted the financial report as presented.

District Administrator Lisa Emry said the district had received $18,785 in ambulance revenue and received $92,903 in total tax revenue. A notable expense was $30,488 for CEGR legal expenses.

Wildland deployments

Dunn said the district deployed a crew with the Type 6 brush truck engine to the Moss Mountain Fire in Oregon. A staff member deployed to California with the Cimmaron Hills Fire Department and one other deployed to the Alexander Fire in Larimer County.

Training update

Dunn said there were 1,383 training hours in July. Members of the department are still working on certification training so that nothing is lacking during the investigation process, she said.

The meeting adjourned at 11:32 p.m.

**********

Meetings are usually held on the third Wednesday of the month at Station 1, 11445 Teachout Road, Colorado Springs. Meetings are open to the public in person or via Zoom. The board will hold a special meeting on Thu., Sept. 5 at 7 p.m. The next regular meeting is scheduled for Wed., Sept. 18 at 7 p.m. and will be preceded by a Volunteer Pension Board of Directors meeting. For joining instructions, updates, agendas, minutes, and reports, visit https://bffire.org or contact the Administrative Office at admin@bffire.org or call 719-495-4300.

Natalie Barszcz can be reached at nataliebarszcz@ocn.me.

Other Black Forest Fire/Rescue articles

Black Forest Fire/Rescue Protection District, July 1, 6, 11 and 17 – Allegations prompt investigation

By Natalie Barszcz

The Black Forest Fire Rescue Protection District (BFFRPD) Board of Directors held an emergency executive session on July 1 to receive advice from legal counsel Linda Glesne of Cockrel Ela Glesne Greher & Ruhland P.C. (CEGR) Law relating to complaints received against Fire Chief PJ Langmaid, who was placed on administrative leave.

The board held additional executive sessions on July 6 and 11 to receive legal direction and take further action to engage a third-party independent investigator. At its regular meeting July 17, the board, having received further information regarding the allegations, held two more executive sessions to receive additional advice on specific legal questions regarding the investigation of complaints. The board placed two additional executive staff members on paid administrative leave for two months and approved the retention of interim fire chiefs through a mutual aid agreement with Colorado Springs Fire Department (CSFD).

Treasurer Jack Hinton was excused from the July 11 and 17 meetings.

Note: This reporter was unaware of the special meetings held on July 1, 6, and 11, but received copies of the meeting minutes relating to the meetings at the July 17 meeting.

Board receives complaints against executive staff

Chairman Nate Dowden and Vice Chair Kiersten Tarvainen held an emergency special meeting on July 1 to convene an executive session with legal counsel after the board received emails from staff members citing allegations against Langmaid on June 28 and 30 and July 1.

The board placed Langmaid on paid administrative leave until July 17 in a 3-2 vote.

The board unanimously approved legal counsel to obtain a third-party investigator to initiate an investigation into the allegations made against Langmaid with the preliminary findings to be presented to the board by July 15. The board also unanimously approved legal counsel to explain the allegations made to Langmaid, with notification that an investigation would ensue, and legal counsel would provide legal notices as required.

A motion was made and unanimously approved to limit the actions of the command staff to only operational needs. All policy, personnel decisions, including modifications of positions, work schedules, and any hiring and firing decisions would require board approval. For the duration of the paid administrative leave, communication to the board would be made jointly to Dowden and Tarvainen.

The board approved Langmaid’s email be moved to Logistics Officer Rachel Dunn for appropriate filtering in a 4-1 vote.

The board appointed Dowden and Tarvainen to email staff about the start of the investigation for the allegations received on June 28.

The board acknowledged more information had been received identifying organizational leadership and cultural challenges in the department on June 30, and additional information was received from Langmaid on July 1 regarding the operational and cultural leadership challenges that occurred on July1.

On July 6, the board held an executive session relating to a personnel matter involving Langmaid (Tarvainen was excused before any decisions were made in the regular session). Langmaid attended the July 6 meeting. When the board reconvened in public session, a letter of no confidence regarding Langmaid was discussed by the board. The letter received on June 30 was from staff members but advised that it did not represent all members of the district.

Hinton stated that any investigation needed to be “360 degrees,” and he urged all members to assist during the investigation.

Director James Abendschan stated, “If we leave Division Chief of Operations Chris Piepenburg and the Training Capt. Michael Torres in their positions the culture is untenable, the grapevine is alive and well, and the department is not a healthy working environment. We have a qualified administrator that can keep the ball running, and captains who are qualified to run calls.”

Hinton said, “If we place them on leave and get a fire, what happens?”

In a 4-0 vote, the board authorized CEGR law firm to initiate and lead a comprehensive investigation into the claims and issues brought forward about the command staff and overall leadership culture within the department.

The investigation is intended to identify the issues of concern, and all supervisory personnel are advised to adhere to all district policies, with special attention to Policy 203 regarding unlawful discrimination, harassment, and retaliation.

A motion to extend Langmaid’s paid administrative leave to August and add Piepenburg and Torres lacked a second motion and died.

Based on further information disclosed to the board deeming the actions committed by Langmaid to be terminable, a motion was made to terminate Langmaid’s contract. The termination is consistent with paragraph 7.1, item 4, termination with cause, and based on Policy 100 and the violation of core values. With a 2-2 vote, the motion failed.

The board unanimously directed Dunn to contact the district’s information technology provider to provide forensic analysis of the potential unauthorized access of Langmaid to Dowden’s, Piepenburg’s and Torres’s emails.

The board unanimously approved a modification to extend Langmaid’s paid administrative leave to a time when all board investigations are completed.

On July 11, the board moved into executive session to receive legal advice concerning specific legal questions regarding the investigation of complaints. When the board reconvened, Dowden said the board had conferred with legal counsel and received legal advice. A discussion surrounding possible interim leadership for the department would continue at the July 17 regular meeting.

Board takes further action

At its regular meeting on July 17, before the executive session, the following comments were made:

Retired firefighter and former two-term board Director Richard Nearhoof said the department had come a long way since the Black Forest Fire in 2013. He thanked everyone in attendance and said the department is well-equipped and employs well-trained personnel. Langmaid has done a great job as fire chief, and despite some differences of opinion between the chief and the board, mutual agreements are usually reached. “I am proud of the department,” he said.

Tarvainen thanked all members of the BFFRPD in attendance and watching via Zoom for being invested in the department and community and said everyone is appreciated by each member of the board. She said she would send the following statement to all department members via email:

“The board has been made aware of some serious allegations that are now being investigated. The board requests each member fully cooperate to allow the board to fully understand all that has happened. The decisions made tonight will make it easier for the line staff and allow the investigators to do their job. As the board enters into executive session, think about what is written on the sleeve of your work uniforms, ‘They for THEM,’ and why you are a firefighter in the Black Forest community.

The residents have entrusted each of you with the stations, the apparatus, the equipment and each other, and they want you to protect the community. If the residents were to walk into the station their tax dollars have paid for, would they approve of all of the behaviors that are taking place, would they be OK with the culture that exists and how you treat each other? As a taxpayer of the community, a board member that has sworn an oath to ensure the district is doing what is expected, and a recently retired member of the fire service with over 30 years of experience, if the allegations are true, I am not OK with any of it; I am saddened, angered, and disappointed. We are going to get to the truth, make the necessary course corrections and allow the firefighters to perform their jobs with pride. The board is supporting the line staff and doing the right thing,”

Executive session

The board moved into executive session at 7:24 p.m. pursuant to Colorado Revised Statute 24-6-402(4), (b) to receive legal advice on specific legal questions regarding the investigation of complaints and the retention of an interim fire chief, and potential formal action regarding items discussed during executive session.

When the board returned to the regular meeting at 9:48 p.m., Dowden said he echoed the speech Tarvainen made and said it is a challenging time for the department and every member has questions. The board has directed the district counsel to proceed with an investigation over a variety of matters brought to the board. CEGR Law has retained an independent third party to facilitate the investigations. The unbiased process retained by district counsel has begun to investigate the allegations, and the lack of information provided at this time is to maintain anonymity and privacy for all parties involved. He requested the board remain professional and allow the third-party investigation process to continue.

In a 3-1 vote, the board placed Piepenburg and Torres on paid administrative leave for the remainder of the investigation after additional information was made known to the board during the investigation. Director Chad Behnken recused himself due to a conflict of interest.

In a 3-1 vote, the board authorized legal counsel to inform Piepenburg and Torres with the explanation of the paid administration leave and authorized both email accounts to be directed to Dunn for filtering. Director Chad Behnken recused himself due to conflict of interest.

In a 4-0 vote, the board approved Tarvainen and Dowden to work with Dunn to negotiate an interim operational fire chief from CSFD, for an anticipated period of not less than 60 days, with the ability to extend on a month-to-month basis as deemed necessary by the board.

The meeting adjourned at 9:56 p.m.

After the meeting, Dunn confirmed to OCN that all operational calls the chiefs would typically respond to would be handled by CSFD battalion chiefs until the investigation is complete.

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Meetings are usually held on the third Wednesday of the month at Station 1, 11445 Teachout Road, Colorado Springs. Meetings are open to the public in person or via Zoom. The next regular meeting is scheduled for Aug. 21 at 7 p.m. For joining instructions, updates, agendas, minutes, and reports, visit bffire.org or contact the Administrative Office at admin@bffire.org or call 719-495-4300.

Natalie Barszcz can be reached at nataliebarszcz@ocn.me.

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