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

Outcome of special meetings
Firefighters pursue merger
Fire chief search
Proposed 2025 budget
Insurance differential reinstated
Check signing approved
Fire Academy contract

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 The discussion about searching for a permanent fire chief continued, and interim Fire Chief Josh Bartlett rescinded a notice of resignation.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.

Fire chief search

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.

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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.