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

Board receives complaints against executive staff
Executive session

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.

**********

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.

Board receives complaints against executive staff

Executive session

Other Black Forest Fire Rescue Protection District (BFFRPD) articles