By Sharyn L. Decker
Lewis County Sirens news reporter
CHEHALIS – Former Salkum-area Fire Chief Phillip McDaniel today lost his lawsuit claiming wrongful termination.
Lewis County Superior Court Judge Nelson Hunt signed an order this morning granting Lewis County Fire District 8’s motion to dismiss the case.
McDaniel was fired in August 2009 after almost three years as the paid chief for the volunteer department, following about 17 years of working in the same capacity as a volunteer.
His attorney contended a new trio of fire commissioners decided they wanted to go back to having a volunteer chief and terminated McDaniel without cause, even though his contract was still in effect.
Seattle lawyer Jon Rosen told the judge in a hearing this morning the criticisms only began after Sharon DeBuhr was elected to the board of commissioners.
“In fact, that’s what occurred,” Rosen said. “Mrs. DeBuhr’s husband became the volunteer chief.”
The lawyer for the fire district told Judge Hunt there really was no dispute McDaniel was fired for cause.
Seattle attorney Stephanie R. Alexander noted instances of personal work on the department computer and that McDaniel refused to turn over the password to the computer when asked by one of the commissioners.
Rosen said these were issues for a jury to decide, but the judge disagreed.
Hunt, when he announced his decision, said the insubordination related to the password stood on it own as a reason for the firing.
McDaniel was in the Chehalis courtroom today, but had no comment.
Fire District 8 operates with some 50 volunteer members and protects about 200 square miles in middle Lewis County. It’s annual operating budget is about $400,000.
McDaniels’s case was filed in Lewis County Superior Court in January of last year, and moved to U.S. District Court, until it was remanded back to Lewis County three months ago.
It initially included complaints for breach of contract, defamation and a civil rights violation as well.
Volunteer Fire Chief Dave DeBuhr has been replaced with Mayfield Village resident George Penzenik.
Tags: By Sharyn L. Decker, news reporter