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OCN > 2411 > Black Forest Fire/Rescue Protection District, Oct. 16 – Deputy Chief resigns; board addresses handling of personnel matters; multiple issues require attention

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.

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