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Here’s The Scoop…#6…VFD…Chain Of Command…The Fire Chief’s Duty…The Town Manager’s Resonsibility…

CHAIN OF COMMAND…….CHAIN OF EVENTS……

9/30/08…Pointu Resignation Letter…(a portion)

‘I am tired of the lack of support and the constant fights with Jerry. I’ve tried to take on myself to let it go by looking on all the good sides of the work he was doing. but everyone has its limit. I can’t deal anymore with Jerry’s threats,intimidations,insults and constant disregard for procedures,by laws and chain of command.

Some of you may remember the threat he’s made to me two months ago when he wanted to “shove his fist in my ass” and “punch me in the face” or the statement that he was ” the one who brought back the department” and if it is not going the way _he_ wanted that he will “in one commission meeting bring back the BSO to replace us.”

You will also remember that Jerry went ballistic when Captain Scot Fowler countermands his order regarding a probationary member wanted to attend the beach rescue class. When I confirmed it and informed the Chief about it, he threatened me and said I had no authority to change his order. (For your information, our by-laws Jerry as a rank of Lieutenant) That’s one of the reasons why Scott resigned despite what Jerry is trying to let you believe.’

The Response to the Town Manager by VFD Chief Perkins…

8. Lack of support, constant fights, threats, intimidations, insults, constant disregard for procedures, by laws and chain of command with Jerry- Chief Perkins informed me that this was a personal issue between Training Officer Jerry McIntee and Administrator Patrick Pointu. Chief Perkins stated that during the transition period Administrator Patrick Pointu wanted everything his way or no way, a position Chief Perkins did not support.

BCbythesea…Chief Perkins incorrectly and purposely?…calls Pointu “Administrator” Pointu…as if that was his only title…the Sept./Oct. VFD Meeting Minutes…are correct as he was “Battalion Chief” Pointu, and with that tile was above the chain of command …in regards to “Training Officer” McIntee…

9. Captain Fowler- Chief Perkins informed me that there was a philosophical conflict relating to the training of the beach patrol members. Chief Perkins stated the members of the beach patrol are not intended to be lifeguards or part of a water rescue team, which is the approach Captain Fowler was pursuing in his training. The beach patrol’s purpose and scope of responsibilities are limited to being the eyes and ears for the Town in attempt to prevent a possible drowning at the beach. Chief Perkins also informed me that if the Town does not want the VFD to provide beach patrol services that he is sure the VFD membership will agree to drop this service. I informed Chief Perkins that if this is the direction the Town Commission wants to take that an addendum to the agreement would be necessary.

BCbythesea…no mention of why Scot Fowler left…due to Jerry McIntee…not the unions as McIntee said from the dais… Fowler has informed the Manager of why he left, stating it was McIntee and not the unions….at the podium Scot Fowler was introduced as the person who would be responsible for the VFD-ATV program……

The LBTS-VFD Constitution/By-Laws August 200…currently used…

Article 3

The Line Branch

Sec 1 The Line Officers shall be as follows: Fire Chief, Deputy Chief, Battalion Chief, Captain(s), Training/Lieutenant and Lieutenant(s)

Sec. 6 Training Lieutenant ….( BCbythesea… Jerry McIntee is listed as a Training Officer)

1. Shall be responsible for the training of members of the Department, under the direction of the Fire chief and the standard operating procedures of office.

2. Shall be the chairman of the training committee

3. Shall report to the Fire Chief as to the status of each member regarding compliance with Article 4 Section 2 A.

There is no Article 4 section A…. that pertains to the chain of command…(Article 4 ..The Executive Branch…sec.2…Vice-president duties)

Article 10

Penalties

Sec. 1 All members are required to report through the chain of command any violations they have perceived. The Fire Chief will make a decision as to the infraction.

Sec. 2 Any member violating any provisions of these By-laws shall be disciplined by the Fire Chief and shall have the right to appeal to the Board of Directors.

Sec.3 No member of the Fire Department can be expelled except through a 2/3 rd majority vote of the membership, unless otherwise specifically stated in these By-Laws.

Article 14

Impeachment Of Officers

An Officer, for the abuse of his authority or misconduct in his office, may be impeached and removed from office by a vote of a 70% majority of the active membership. Voting by secret ballot, provided the charges against him have been made in writing and filed with the Secretary and read at least one (1) month before any vote shall be taken and a copy of said charges must be served upon the member by the Secretary at least two (2) weeks before such vote is taken, said vote to be taken at a regular business meeting.

The Oct. 6, 2008 minutes show no mention of the letter, the incident or any discussion, tabling the item or taking a vote on the charges.

The Nov. minutes have been requested and are due next week, after they have been approved.

The Town Manager does have the authority to do what the Fire Chief has not …in Ordinance 2004-16…http://www.municode.com/resources/gateway.asp?pid=14431&sid=9

Why are the Fire Chief and the Manager not doing their duty?….

more to come…

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