Moscow Fire Chief Ed Button denies a cover-up alleged by two volunteer firefighters in a complaint filed with the city.
The complaint states that he and Fire Capt. Dan Carscallen overlooked suspected drugs and paraphernalia in Fire Station No. 1 and ordered them disposed of without contacting law enforcement. Button says he only ordered them removed from the building.
Bonnie Shambaugh and Emily Kimberling state in complaints filed with city Human Resources Director Leslie Moss that suspected drugs and paraphernalia were found in a resident firefighter's desk Feb. 14. The drugs were allegedly found in a ring box that also contained vials, an empty pill capsule, razors and straws.
When they contacted Carscallen, the on-duty fire command officer that night, Shambaugh's complaint states, Carscallen conferred with Button before calling back.
"Carscallen called me sometime before 1:30 a.m. and told me that Button and himself decided they were going to treat the drugs like a bottle of whiskey, and give (the firefighter) the opportunity to get rid of it," Shambaugh states. "I reminded him that it didn't just go against the resident handbook, but this behavior is illegal everywhere. Carscallen then said he thought Kimberling and I should go to (the firefighter) and tell her that she needed to get rid of everything and this would be the end of it."
Button said in a phone interview Friday he felt the situation was handled properly and his decision, made after being awakened at 2 a.m. was immediate.
"Sometimes an individual will be unhappy with how things transpire, but yeah, there was an event, and I think there was a feeling that there was a cover-up and there was no cover-up made," he said. "... There was never any instruction from my part to get rid of it or destroy. Anything that happened after that was not per my instruction. They said there's something suspicious and, I don't know, do it again, there might be something different. My just initial reaction at that time in the morning is that I want it out of the building."
Shambaugh states the firefighter was approached and she agreed to dispose of the substance -- the complaint alleges the firefighter said it was oxycodone -- in the bathroom and throw out the paraphernalia. However, it states, Carscallen did not report to the station to witness this.
"I'm not sure what the proper procedures were at the time, and we'd never dealt with something like that," Carscallen said. "I never personally saw what they found. I called the chief and discussed with him what the options were. It's all unfortunate that somebody thinks ... it's just an unfortunate situation all around."
Carscallen and Button said the firefighter was drug tested the next morning and Carscallen added the results later came back negative. Button said there is no random drug testing policy within the volunteer fire department.
But Shambaugh and Kimberling allege they felt intimidated and threatened during meetings they had separately with Carscallen and Button the day after the incident. Kimberling confirmed by phone Friday she filed a complaint with the city along with Shambaugh, but did not want to be quoted following an interview Friday.
Shambaugh states she recorded her meeting with Button and Carscallen along with several other exchanges with administrators that she uses in her complaint. City attorney Randy Fife said Idaho has a one-party consent rule for recording conversations and Shambaugh was in her legal right to make recordings.
"Button started by saying (the meeting) was meant to provide 'rumor and damage control not only for you (referring to me) and Emily too,' " alleges Shambaugh. "They explained if this got into the papers it could ruin my career opportunities."
She states she was told by Button that if Carscallen had not been on duty that night, the police could have been contacted, and she said she thought law enforcement should have been notified. She alleges Button told her she could have ended up being accused of burglarizing the firefighter's room.
"Button told me, 'This could have been the end of your career before it even got started,' " Shambaugh's complaint states.
Shambaugh states she told the two they should have tested the firefighter immediately "because these kinds of drugs cycle through your metabolism very quickly." But since neither Button nor Carscallen were present during the incident, she alleges the conversation was mostly about her and Kimberling and trying to "scare us into keeping quiet."
"Carscallen said, 'It could go from what he knows happened to the three of you were having a coke tootin' party in the room and you know that's...' Button interrupted and said he never thought of that and we need to 'keep it to ourselves.' "
Button said he thinks Shambaugh and Kimberling misunderstood.
"I believe they took it out of context," he said. "I don't believe there was any repercussions to threaten them with at all."
Carscallen said his office at the North Latah County Highway District was used for the meeting to avoid rumors in the fire station.
"It's my office, so it's just, where was a convenient place to have it?" he added.
Shambaugh's boyfriend and former Moscow volunteer firefighter, Benjamin Dill, on Feb. 19 responded with her to a paramedic call at Walmart in a department vehicle. Because Dill did not fill out a ride-along form, Carscallen confronted Dill on the emergency loading dock of Gritman Medical Center where Dill alleged to the Latah County Sheriff's Office Carscallen grabbed him by his arm as he was attempting to leave.
"It seemed like Dan was being more aggressive toward this whole situation with Ben because of the drug situation," said Shambaugh in a phone interview Saturday.
The sheriff's office forwarded the investigative report to the county prosecutor's office without a recommendation for charges and it was later decided none would be filed.
"... I was upset that a situation as simple as this was handled so dramatically," the complaint states of Carscallen's response to Dill's actions that day, "but a situation as serious as drugs at the fire station didn't even warrant Carscallen to come to the station and handle it properly. A precedent has been set, as several command officers have had their significant others and children in the command vehicles without such paperwork. M40 (the response vehicle) is to be used for personal use, as long as I am ready to leave those activities to respond to calls."
Carscallen said he didn't know if Shambaugh's complaint was partially out of anger over Dill's battery allegations.
"I'm don't know if the complainant had any animosity in that complaint," he said. "That situation (with Dill) was done. I can't even remember far back what happened before or after."
City Supervisor Gary Riedner said because Shambaugh and Kimberling are volunteers and not city employees, their complaints were handled as citizen complaints and the allegations were investigated, however, the results are confidential.
"It's a personnel matter and we dealt with it," he said, adding of the investigation, "I'm unable able to comment on the process."
Moscow Police Chief David Duke said Friday he had not received a referral from the city to investigate the allegations from the complaints filed by the firefighters and Latah County Prosecutor Bill Thompson said he also was not aware of any investigation being conducted by the sheriff's office.
The city pays for five administrative positions within the department, which does not include Carscallen's position.
Riedner said there have been cases in the past regarding elected officials, such as Carscallen, who is Moscow City Council president, and perceived conflicts with their involvement in the community and affairs related to the city.
"I'm not going to say it happens a lot, but it happens," said Riedner. "Dan being a part of the fire department is not a conflict."
Both Button and Carscallen said they were aware of the complaints filed against them, however, neither had read them.
Shambaugh said since filing her complaint with the city, she has been focused on getting through her paramedic contract.
"I'm just trying to avoid them as much as possible, but yeah, I've heard that they've been having meetings about me," she said. "Obviously, I don't know what that's about."
Button said neither Kimberling nor Shambaugh should be concerned about any reprisal for their complaints. Kimberling was not asked to return to the resident firefighter program next year.
"I feel that there wouldn't be a risk of that jeopardizing their career as that being seen as a single issue," said Button. "A person shouldn't feel at risk. I'm not angry about this, and I don't feel any need to retaliate."
Copyright 2012 - Moscow-Pullman Daily News, Moscow, Idaho
McClatchy-Tribune News Service
