Fire District 13 secretary rehired

At a special meeting held Friday, the Fire District 13 board of commissioners rehired secretary Deborah McFarlane.

The vote by commissioners Chuck Hedlund and Arne Fohn was 2-0 to restore McFarlane to her post as the district’s secretary and public records officer. Presently, there is a vacancy on the three-person board since Doug Avery resigned effective last week.

McFarlane, who quit her job in January, was hired back under terms of a “Settlement and Release Agreement” in which she essentially agrees not to sue the district, citing about two dozen federal and state laws covering a wide range of issues including age discrimination, family leave, civil rights, political activity and leaves of absence for crime victims.

On the copy of the agreement provided to this newspaper, there is no evidence that an attorney was involved in crafting it.

McFarlane had lodged harass-ment complaints against Avery last August, and attorneys working on behalf of the district found the complaints true. At the time, this newspaper noted that the report against Avery was based on interviews with people who were actively supporting the re-election of one of Avery’s political adversaries.

Immediately after Friday’s special meeting during which McFarlane was rehired, District 13 Chief Roy Horn provided a copy of McFarlane’s agreement to this newspaper in keeping with the state’s Public Records Act. Horn said that McFarlane had also reached a settlement with Avery. But the former commissioner said he didn’t know anything about that and that he wouldn’t talk about it if he did.

McFarlane was the district’s public records officer in charge of the information this newspaper filed a lawsuit to obtain. Last month the district paid a $24,500 judgment to settle the lawsuit filed by La Conner Weekly News. Our lawsuit alleged egregious violations of the state’s Public Records Act and Open Public Meetings Act.

We accused the district staff of withholding public documents and the district board of holding illegal closed meetings. In settling the newspaper’s lawsuit last month, the district did not admit guilt but agreed to pay our lawyer and have its staff and elected officials trained in the state’s open government laws.

As part of the McFarlane settlement and release agreement the board signed on Friday, the district will rehire her at the same terms she worked under before she quit, plus pay her $1,000.

Officials at the Washington State Auditor’s office said the $1,000 payment in her settlement agreement is not necessarily illegal. The district is scheduled to undergo an audit this fall.

According to district documents, McFarlane was paid $30 per hour last year. After the November election that shifted the board majority when Fohn was elected, Hedlund and outgoing commission member Jim Grove granted her a contract providing 12 months severance pay if she was terminated.

However, her settlement and release document signed by the board on Friday appears to be ambiguous on the 12-month pay deal. It states she will be rehired “with the same terms and conditions of employment, including at will employment status, and at the hourly wage she was earning at the time of her resignation.”

Chief Horn said Monday that he understands that despite McFarlane’s “at will employment” clause, he understands that the 12-month severance package is still in effect.

Also at the special meeting on Friday, Hedlund was named board chairman, and they discussed filling the board vacancy created by Avery.

Hedlund said that since there were already people who had expressed interest in the position, he didn’t see any reason to advertise the board vacancy in the newspapers.

Nevertheless, Fohn, who took office in January after defeating long-time commissioner Jim Grove in the November election, said he’d like more time to consider applicants. Anyone interested in the position will have until June 10 to submit a resume and pick up a copy of the board’s policies and procedures.

The last time Grove was defeated in an election, in 2007, the board reappointed him a few months later.