WESTMINSTER : 5 Fired for Alleged Fire Dept. Pay Fraud

A former acting fire chief, three other high-ranking officials of the Westminster Fire Department and one firefighter were fired Thursday for alleged payroll fraud, officials said.

City officials fired Don Herr, who was acting fire chief from May, 1992, to August, 1993, battalion chief Hal Raphael, fire captains Mike Garrison and Joe Wilson and firefighter-paramedic Dana Bowler.

The dismissals took effect Thursday.

Alan C. Davis, a lawyer who represented the employees and the Westminster Firefighters Assn., said the five were victims of “trumped up” charges by city political leaders who are facing a June 7 recall election.

“It’s pretty clear that what the City Council has done was not only subject themselves to personal liability . . . but hurt the citizens for no reason at all other than to pursue their own political agenda,” Davis said.

Davis said he will file a suit to force the city to appoint an impartial arbitrator to hear the case, as provided by the firefighters contract with the city.

Assistant City Manager Don Anderson, who joined Fire Chief John T. DeMonaco Jr. in supporting the firings, said the fired employees have until May 23 to appeal their case to acting City Manager Robert J. Huntley.

Transcripts of the dismissal hearings conducted by Anderson last month indicated that the employees were charged with failing to provide required paperwork for sick leave and vacation time on numerous occasions over the past seven years.

Herr and Raphael were also accused of allowing Paul Gilbrook, president of the firefighters union who was fired in February, to drive a firetruck while his driver’s license was suspended in 1993.

But the two argued that Gilbrook was forced to take a 30-day leave, and that then-City Manager Jerry Kenny was aware of the leave and approved. Herr was the acting fire chief and Raphael was Gilbrook’s immediate superior.

Herr also was charged with failing to submit documentation for sick leave and vacation leave on six occasions in 1993 and failing to require employees under his command to submit so-called transaction slips for sick leave, vacation leave and time taken off work.

Raphael was charged with failing to provide paperwork for time off on 12 different occasions since 1986, although he said that each time he was on leave the proper deductions were made from his salary.

Garrison, Wilson and Bowler similarly were charged with failing to submit paperwork that city policy requires for those coming back from sick leave.

The employees argued during their hearing that the policy was not consistently enforced. They said they were being singled out because of their political activities.

The firing of Garrison, a union director, was also based on alleged unprofessional comments by him about a fire in January that claimed the life of a mentally disabled man.

Garrison had been on suspension with pay since January.

The dismissals came two days after DeMonaco told council members that the reorganization of the Fire Department will be completed in August, regardless of the outcome of the June 7 recall election. Mayor Charles V. Smith, council members Craig Schweisinger, Charmayne S. Bohman and Tony Lam are targets of the vote because of cuts in the Fire Department.