Ex-Loveland, CO, Fire Chief Agreed in Settlement Not to Sue

The terms of former fire chief Tim Sendelbach’s joint separation agreement from the Loveland Fire Rescue Authority revealed that Sendelbach asked the board not to issue a final termination decision, and instead sign a joint amicable separation agreement.

The agreement has multiple terms, including severance payment, confidentiality over the agreement, non-disparagement, and a promise not to sue.

Sendelbach separated from the Loveland Fire Rescue Authority last Thursday following unanimous board approval of a joint separation agreement between them and the chief.

“While the Board and Chief Sendelbach have differing perspectives on how we arrived at this point, we have mutually agreed that an amicable separation is in the best interest of the Authority and the community it serves,” Sendelbach and the LFRA board stated in a joint statement included at the end of the agreement.

The decision last week concluded a nearly two-month termination process held during numerous special LFRA board meetings. When Sendelbach was placed on paid administrative leave in January, he initially told the Loveland Reporter-Herald he did not plan on resigning.

However, last week, he told the Reporter-Herald that the joint separation agreement was the best outcome he could have hoped for nearly two months into the process. The fire chief was not terminated from LFRA, rather amicably separated through the joint agreement.

After the board approved the agreement last week, directors did not release the terms of the agreement and referred requests for comment to legal counsel. The Loveland Reporter-Herald was able to obtain the joint separation agreement through an open public records request to the agency’s legal staff.

The separation agreement explained that on March 12, the board unanimously voted to have a final decision terminating the fire chief’s employment on March 19. It then goes on to state that Sendelbach requested the board not issue a final public termination decision, and consider and sign the joint separation agreement instead.

Chief Sendelbach has served LFRA with dedication, and the Board recognizes and appreciated his years of service and operational accomplishments," the joint statement said. " ... At the same time, the Board has a responsibility to ensure effective leadership, alignment, and governance for the long-term success of the Authority."

Sendelbach and Board Chairman Jeff Swanty signed the agreement March 19.

In the agreement, the board and Sendelbach also agreed to a severance payment equal to two months of pay, $41,785.20.

Sendelbach also gave up his ability to hold LFRA employees, directors, attorneys, and any other related entities liable, which means he isn’t able to file any claims or damages related to the separation or his employment. In signing the agreement, he also promised not to participate in any lawsuit against any previously mentioned group.

The former fire chief, as well as the LFRA board, also agreed to keep the terms of the joint separation agreement confidential, with few exceptions, such as when the terms of the agreement would need to be disclosed when required by law.

Sendelbach will not be eligible for re-hire at LFRA, and he, and the board, agreed that they will not make, publish, or communicate defamatory or disparaging remarks, or statements to any third-party about the other.

If any section of the joint separation agreement is broken, LFRA is able to take away any remaining severance pay.

The joint statement by Sendelbach and the board stated that their shared priority on the safety and well-being of citizens, firefighters, and personnel remains the same.

"The Board and Chief Sendelbach ask the community to support the men and women of the Loveland Fire Rescue Authority as the Board begins the process of selecting the next Fire Chief and continuing the important work of serving our community, the joint statement included in the agreement stated.

During a regularly scheduled LFRA board meeting Wednesday, directors unanimously approved a motion to start the fire chief hiring process by beginning to accept proposals from executive search firms.

The board acknowledged that leadership transitions are never easy, but provide an opportunity for clarity and focus, according to the joint statement.

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