Idaho Firefighter Files Suit for Improper Hiring

Oct. 18--Kelvin Daniels is seeking $250,000 in damages from the city of Moscow related to the employment process for the paid position of captain and safety training officer with the city's mostly volunteer fire department.

The claim cites improper hiring practices, nepotism, defamation of character and "retaliation against a whistle blower."

Daniels, a volunteer firefighter with the department, alleges in his claim that Fire Chief Ed Button, the chair of the interview committee, denied applications for the $48,000-a-year position, favoring an unqualified son of a department administrator.

The tort claim was filed with the city and a copy was obtained by the Moscow-Pullman Daily News through a public information request.

City Attorney Randy Fife said the city forwarded the claim to its insurance carrier, Idaho Counties Risk Management Program, which is standard procedure. The ICRMP will recommend whether the city should accept or deny the terms of the tort claim, or attempt to negotiate a settlement. State code provides the city 90 days from receipt of the claim to issue a decision.

"They also decide whether or not they're going to cover us," said Fife. "They assess the claim from an insurance standpoint. I usually wait to see what happens with our insurance carrier before I do too much."

Fife said it is city policy not to comment on claims pending a decision. He said filing a tort claim is also a prerequisite a person must take before filing a lawsuit against the city.

Daniels was reached at his Moscow home Monday, and said he would be available for comment later this week.

In an attachment to the tort claim, Daniels states the city conducted a job search for a captain/safety training officer for the fire department in August.

"During the interview process the Department Head, interview chair, disallowed the applications with the lie ... none of the applicants met the qualifications," according to the letter. "This lie was repeated in an open email to city administrators."

He further claims Button placed Division Chief Dave Reynolds on the interview committee despite knowledge that Reynolds "had demonstrated hostility towards me for questioning the inappropriate use of Moscow Volunteer Fire Department funds."

"Division Chief Reynolds had stated to another City of Moscow employee, that if I did not stop asking questions I would not have a command position with the Moscow Fire Department," the letter states.

Daniels states the decision to hire the son of a fire department administrator, who, he says, is not qualified, resulted in a lost wage increase and future employment with the city.

Brandon Macz can be reached at (208)882-5561, ext. 238, or by email at [email protected].