Ousted Wash. Fire Chief Sues City, Mayor for $1.5M

UNION GAP, Wash. -- Ousted Union Gap Fire Chief Bill Steele is seeking $1.5 million in damages in a lawsuit accusing the city of wrongful termination, defamation and age discrimination.

The lawsuit also demands the city pay $96,000 in severance pay and wages that were withheld after Steele, 59, was fired in February 2011.

Also named in the suit is Mayor Jim Lemon, who said he fired Steele with cause but would not elaborate. Steele's attorney, Leslie Hagin, said the former fire chief was terminated without just cause, and for Lemon to publicly say otherwise amounts to defamation.

"We disagree that there was cause to terminate Chief Steele," said Hagin, who spoke in a telephone interview from her Seattle office. "The man has never been terminated from any job in his life."

Hagin declined further comment on the lawsuit, which was filed in Yakima County Superior Court.

"I think the complaint speaks for itself," she said.

Steele could not be reached for comment Tuesday.

The lawsuit contends the City Council was derelict in its duty by not following city code and allowing Lemon to fire Steele without its consent. But even some of Lemon's critics on the council say he had authority to fire the chief without their approval.

Lemon said the terms of Steele's contract, approved by the City Council in 2008, allowed the mayor to fire Steele with or without cause. He was planning to fire Steele "without cause" but said other information came to light that led him to fire Steele with cause.

The lawsuit alleges the council allowed Lemon to make defamatory statements, not only about Steele, but "other former employees of the city (Lemon) has terminated, threatened to terminate, constructively discharged or otherwise caused to leave their employment with the city." It says that because of Lemon it took Steele six months to find a job. That job, it says, pays significantly less than his position as fire chief.

Steele is currently a deputy fire marshal for Kittitas County.

"I did not divulge the reason he was terminated," Lemon said.

Councilman Dan Olson, who has already publicly called for Lemon's resignation over his management of City Hall, said he wanted to keep Steele as fire chief, but there was nothing he or the council could do.

"The mayor has the right to hire and fire," Olson said. "We confirm hirings but have no authority as far as firings."

Olson said the council wasn't consulted about the firing and that it happened suddenly and without warning. He would not say whether he believes Steele is due what he claims.

Councilman Dan Vanover, who also wanted Steele to stay as fire chief, agreed the council was powerless to stop the termination.

"The man (Steele) was incredible," Vanover said. "A fantastic administrator and did what he believed he thought was right and in the best interest of the city and department."

Councilman Roger Wentz said he was reluctant to comment given the pending lawsuit.

"It was my understanding at the time that there was cause given" for termination, Wentz said.

Steele's termination also led to a group of about 10 volunteer firefighters voicing their opposition to his firing at a February 2011 council meeting.

Without elaborating on what led him to fire the chief with cause, Lemon said he also had philosophical disagreements with Steele over the direction of the department. Lemon previously said Steele was too "pro-union" and too focused on the idea of consolidation with the Yakima Fire Department.

Lemon said there were several written departmental directives issued to department heads that Steele failed to follow.

"I just didn't feel like he was working on the same page as me," Lemon said.

Steele is also former president of the Northwest Fire Investigators Association and former chairman of the state IFSAC Certification Testing and Fire Investigation Standards Committee.

Copyright 2012 - Yakima Herald-Republic, Wash.

McClatchy-Tribune News Service