Oregon Fire District Facing Another Lawsuit

An Oregon fire district that experienced a YCMTSU problem resulting in two federal lawsuits in 2023, is back in the Fire Law news with the filing of a whistleblower retaliation lawsuit by two former captains. The captains claim they were forced to resign after reporting what they considered to be violations of the law by the newly appointed fire chief.

Captain Kyle Adams and Captain Kris Davis filed suit in Tillamook County Circuit Court naming the Tillamook Fire District and Fire Chief Jeff McBrayer as defendants. The three-count suit alleges whistleblower retaliation under ORS § 659A.199, public whistleblower retaliation under ORS § 659A.203, and aiding or abetting an unlawful employment practice under ORS § 659A.030(1)(g)).

Here is earlier coverage of the 2023 debacle that involved an allegation that a firefighter urinated in public, allegations that the use and release of the video of the firefighter urinating in public violated the Oregon revenge porn statute, and ongoing interpersonal disputes that led to eight separate entries in the Fire Law database (including two federal lawsuits and perhaps a third – with it being unclear whether the third was related to the same issue – if it is that would make 9 entries in the database). The ongoing disputes in Tillamook date back to at least 2021, and led to the departure of the former fire chief in 2023, which brings us to the appointment of the new chief.

Quoting from the complaint:

• After several months of working under Chief McBrayer, Captains Adams and Davis observed him repeatedly fail to perform required Chief duties and abuse his power as District Chief. Given the egregious and consistent nature of Chief McBrayer’s conduct, Captains Adams and Davis began documenting these concerns in early December of 2023.
• In December of 2023 and January of 2024 alone, Captains Adams and Davis observed that Chief McBrayer:
  • made false reports to the media and public;
  • jeopardized the Fire District’s insurance rating by failing to complete necessary paperwork;
  • failed to timely submit reports to the National Fire Incident Reporting System (NFIRS);
  • told Fire District Officers he would submit fraudulent paperwork to the State of Oregon to get reimbursement for damaged and lost equipment that was neither damaged nor lost;
  • asked Captains Adams and Davis to make Fire District property appear broken so the public might believe equipment was failing and support a levy;
  • was chronically tardy and absent from work;
  • caused the Fire District to be understaffed due to neglecting his duties;
  • failed to pay bills timely, and;
  • consistently abused Tillamook Fire District property through personal use, incurring additional costs to the District and taxpayers.
• Plaintiffs reasonably believed that, through Chief McBrayer’s conduct, the Tillamook Fire District violated state law and District policy, engaged in mismanagement, gross waste of funds and abuse of authority, and took actions posing substantial and specific danger to public health.
• On or about January 22, 2024, Captains Davis and Adams approached Chief McBrayer in an attempt to discuss their concerns. Chief McBrayer was dismissive and did not respond to their efforts.
• Captains Davis’s and Adams’s conversation with Chief McBrayer appeared fruitless, so they approached the Assistant Fire Chief on or about January 25, 2024 to report, in good faith, conduct by Chief McBrayer they believed was both illegal and mismanagement, including Chief McBrayer’s unavailability, mismanagement of the levy process, and the Chief’s apparent lack of performance of essential Chief duties. The Assistant Fire Chief suggested that Captains Davis and Adams report McBrayer’s violations to the Tillamook Fire District’s Board of Directors.
• On or about January 27th, 2024, Captain Adams met with Board Chair Brian Cameron, the Assistant Fire Chief, and the Tillamook Fire District Officer group and reported Chief McBrayer’s violations in good faith.
• On or about January 30th, 2024, two Tillamook Fire District Board Members met with Chief McBrayer and informed him of Captains Adams’ and Davis’s reports. On information and belief, Chief McBrayer was told that Captains Adams and Davis were the individual who raised these concerns. Chief McBrayer’s conduct was not corrected or redressed.
• On or about January 30th, 2024, Chief McBrayer sent an “active 911” alert to District volunteers with false information about Captains Davis and Adams. Chief McBrayer scheduled a “cool down” meeting with volunteers in which he openly threatened Captains Adams’s and Davis’s jobs in front of the volunteers and told volunteers that they were being investigated by the police.
• After Chief McBrayer’s meeting with District Board members the Chief ceased communications with Captains Adams and Davis, rendering them unable to perform their jobs.
• Prior to Captains Adams’s and Davis’s reporting Chief McBrayer’s violations, the Chief sought their input on proposed changes to their schedule before making them. On or about February 13th, 2024, Chief McBrayer changed Captains Adams’s and Davis’s work schedule, including making material changes to the duty officer rotation, without their input. Chief McBrayer made these changes knowing they would have a material adverse effect on Captains Adams’s and Davis’s ability to perform their jobs.
• After Captains Adams and Davis reported Chief McBrayer’s violations, Chief McBrayer changed job expectations, including changing when Captain Adams would need to have his EMR certification from the next available training to within 60 days.
• Chief McBrayer’s retaliatory measures were so severe that Plaintiffs were unable to perform their job duties and had no choice but to resign. On February 13th, 2024, Captains Adams and Davis worked their last days for Defendant TFD.

Captains Adams and Davis are seeking a total of $875,000 in economic and emotional distress damages. Here is a copy of the complaint.