Posted by (+132) 14 years ago
Most of us who follow the news are aware that Fire Chief Derrick Rodgers was acquitted of assault charges filed by Custer Co. Sanitarian Jim Zabrocki. Rodgers was exonerated by the unanimous verdict of a jury of his peers on Dec. 13th.
What many of us haven't been told is that the "assault" incident on May 22nd leading to the charges appears to have been premeditated and that Chief Rodgers was baited into a "behind closed doors" argument which Zabrocki alleges escalated into a physical assault.
After 26 years of unblemished and exemplary service with the City, Chief Rodgers was compelled to defend himself in a public trial at significant personal expense and cost to his professional reputation.
Where does Chief Rodgers go to recover his good name?
What follows is a timeline of events leading up to the replacement of Rodgers as County Fire Warden by Michael A. Preller and the announcement by Commissioner Nesbit that Custer Co. was in contract negotiations with Roger Hespe, owner of Newcastle Ambulance. The timeline includes excerpts from the public record since 1 May 2007, i.e. published notices, agendas, & minutes of Custer County Commission meetings, transcripts of the trial, and the 2007 Annual Report of Victory Insurance, Inc.
It should be noted that through December 15th meeting minutes were recorded by Commissioner Gary Matthews, despite the fact that it is the County Clerk & Recorder who is required to record minutes - presumably to avoid conflicts of interest between Commissioners and the public interest.
http://data.opi.mt.gov/bi...4-2611.htm
Asterisks denote footnoted references to Montana State Laws at the bottom of the page.
Wednesday, 2 May 2007 - Custer County Commissioners closed their regular meeting to visit with Sanitarian Jim Zabrocki about a matter in which "individual privacy exceeded the benefits of public disclosure."
Monday, 7 May 2007 - The City Council and the Custer County Commissioners sit down together in a public meeting at City Hall to begin negotiations on the FY 07/08 Interlocal Agreement. All elected officials are present and the tone is positive.
Tuesday, 22 May 2007 - Two Custer County Deputies respond to Sanitarian Zabrocki's office after reports of an argument between Zabrocki and Fire Chief Derrick Rodgers. Both men acknowledge to the deputies that an argument occurred but Zabrocki dismisses the Deputies saying, "Everything's fine now." Deputy Powers testified that he saw no evidence of an altercation, no furniture upset, and no sign of assault on Zabrocki's person. Trial transcripts indicate that Zabrocki picked an argument with Rodgers, insisting repeatedly that Rodgers was unhappy with a set of radios assigned to the wildland fire suppression program.
Thursday, 24 May 2007 - Commissioners Matthews and Huber vote 2-0 to approve an agreement with Midwest Fire Suppression for mutual aid and exchange of equipment, supplies, & manpower - despite objections raised by the County Fire Warden. Commissioner Nesbit was excused from the meeting. MFS item was penciled into the agenda after public notice was issued. - **/***
Tuesday, 19 June 2007 - Jim Zabrocki is appointed "Wildland Fire Administrator" and raised from Grade 15, Step 3 to $19.67/hr. by a vote of 3-0. Rancher Jack McNamee asked if the County was changing wildland fire providers. He's told that "the only change is that Jim Zabrocki will be the Administrator and not a firefighter". The new appointment was not publicly noticed, nor posted as a job opening, and was made without consideration of the County Fire Warden's objections. - **/***
Thursday, 5 July 2007 - Commissioners announce to the firefighting community, including CCRVFD(Rural Volunteers), Dept. of Natural Resources & Conservation(DNRC), Bureau of Land Management(BLM), Midwest Fire Suppression, and Miles City Fire & Rescue, that Jim Zabrocki has been promoted "Wildland Fire Administrator" and that new wildland fire policies and procedures were now in effect. These policies conflict with protocol established by the DNRC County Cooperative Wildland Fire Program and the Northern Rockies Coordinating Group(NRCG) and are rejected by the City. ***
NRCG Mobilization of Local Government Firefighting Resourceshttp://dnrc.mt.gov/forest...Bguide.pdf
Tuesday, 10 July 2007 - Sanitarian Zabrocki contacts County Attorney to inquire about the progress of assault charges he claims he's filed against Fire Chief Rodgers and is informed that he's not yet pressed such charges. He then presses charges against Rodgers.
Monday, 30 July 2007 - Assault charges are filed against Fire Chief Rodgers.
Monday, 30 July 2007 - City of Miles City launches an independent personnel investigation of alleged assault against Jim Zabrocki by Chief Rodgers, as required by Miles City Personnel Policies & Procedures, upon learning that charges have been filed.
Thursday, 31 July 2007 - Commissioners vote 3-0 to enroll themselves under the County's Health Insurance program at a cost of $474.00/month, raising their gross pay from $38,500 to $44,188. The item was not publicly noticed or placed on the meeting agenda. */**
Thursday, 21 August 2007 - Roger Hespe, owner of Newcastle Ambulance, met with commissioners to discuss delivering private ambulance service into Custer County. The agenda item was publicly noticed only as "Roger Hespe". */**
Tuesday, 28 August 2007 - Commissioners meet with CCRVFD to discuss formation of multiple fire companies in County and then sign an application with Victory Insurance to convert Workman's Compensation coverage from State Fund to Victory Insurance for all CCRVFD firefighters and County employees. The matter is not published as an agenda item in the Miles City Star, is penciled into the agenda after posting as "CCRVFC", and there is no vote recorded in the minutes. Further, Commissioner Matthews sits on the board of directors and owns several shares of Victory Insurance. The minutes indicate that there was no public bidding process applied to this enrollment, that Matthews failed to disclose his position on the board with Victory Insurance, his ownership of Victory Insurance shares, or that he abstained from voting on the matter. */**/*****/*******
Wednesday, 10 October 2007 - Michael Preller(CCRVFD), Jim Zabrocki, and Commissioners negotiate agreement with CCRVFD to provide Wildland Fire Suppression services for Custer County. Agenda item is noticed as "Michael Preller - CCFD *
Thursday, 18 October 2007 - Commissioners inform Chief Rodgers and me that they intend to separate Wildland Fire Suppression from the Interlocal Agreement. Agenda item is posted as "Mayor", no motion is made, no vote is recorded. */****
Wednesday, 31 October 2007 - Commissioners decide to terminate the Mutual Aid agreement with Midwest Fire Suppression. Item is not publicly noticed, doesn't appear on the agenda, and no vote is recorded. */****
Wednesday, 28 November 2007 - The City's independent investigator submits his report of findings into the alleged assault against Zabrocki by Rodgers concluding that "there is no credible evidence" that the alleged assault occurred. I accept the findings of the report and close the investigation against Rodgers.
Wednesday, 5 December 2007 - Custer County enters into a fire agreement with CCRVFD, authorizing up to $70,000 in appropriations from the County General Fund structure and supplemental wildland fire protection. Despite authorizing more than $50,000 in public expenditures, their was no competitive public bidding process followed to solicit bids or award this contract to the lowest bidder. ******
Wednesday, 31 December 2007 - Commissioners rescind all County Rural Fire Chief/Fire Warden, Asst. Rural Fi
What many of us haven't been told is that the "assault" incident on May 22nd leading to the charges appears to have been premeditated and that Chief Rodgers was baited into a "behind closed doors" argument which Zabrocki alleges escalated into a physical assault.
After 26 years of unblemished and exemplary service with the City, Chief Rodgers was compelled to defend himself in a public trial at significant personal expense and cost to his professional reputation.
Where does Chief Rodgers go to recover his good name?
What follows is a timeline of events leading up to the replacement of Rodgers as County Fire Warden by Michael A. Preller and the announcement by Commissioner Nesbit that Custer Co. was in contract negotiations with Roger Hespe, owner of Newcastle Ambulance. The timeline includes excerpts from the public record since 1 May 2007, i.e. published notices, agendas, & minutes of Custer County Commission meetings, transcripts of the trial, and the 2007 Annual Report of Victory Insurance, Inc.
It should be noted that through December 15th meeting minutes were recorded by Commissioner Gary Matthews, despite the fact that it is the County Clerk & Recorder who is required to record minutes - presumably to avoid conflicts of interest between Commissioners and the public interest.
http://data.opi.mt.gov/bi...4-2611.htm
Asterisks denote footnoted references to Montana State Laws at the bottom of the page.
Wednesday, 2 May 2007 - Custer County Commissioners closed their regular meeting to visit with Sanitarian Jim Zabrocki about a matter in which "individual privacy exceeded the benefits of public disclosure."
Monday, 7 May 2007 - The City Council and the Custer County Commissioners sit down together in a public meeting at City Hall to begin negotiations on the FY 07/08 Interlocal Agreement. All elected officials are present and the tone is positive.
Tuesday, 22 May 2007 - Two Custer County Deputies respond to Sanitarian Zabrocki's office after reports of an argument between Zabrocki and Fire Chief Derrick Rodgers. Both men acknowledge to the deputies that an argument occurred but Zabrocki dismisses the Deputies saying, "Everything's fine now." Deputy Powers testified that he saw no evidence of an altercation, no furniture upset, and no sign of assault on Zabrocki's person. Trial transcripts indicate that Zabrocki picked an argument with Rodgers, insisting repeatedly that Rodgers was unhappy with a set of radios assigned to the wildland fire suppression program.
Thursday, 24 May 2007 - Commissioners Matthews and Huber vote 2-0 to approve an agreement with Midwest Fire Suppression for mutual aid and exchange of equipment, supplies, & manpower - despite objections raised by the County Fire Warden. Commissioner Nesbit was excused from the meeting. MFS item was penciled into the agenda after public notice was issued. - **/***
Tuesday, 19 June 2007 - Jim Zabrocki is appointed "Wildland Fire Administrator" and raised from Grade 15, Step 3 to $19.67/hr. by a vote of 3-0. Rancher Jack McNamee asked if the County was changing wildland fire providers. He's told that "the only change is that Jim Zabrocki will be the Administrator and not a firefighter". The new appointment was not publicly noticed, nor posted as a job opening, and was made without consideration of the County Fire Warden's objections. - **/***
Thursday, 5 July 2007 - Commissioners announce to the firefighting community, including CCRVFD(Rural Volunteers), Dept. of Natural Resources & Conservation(DNRC), Bureau of Land Management(BLM), Midwest Fire Suppression, and Miles City Fire & Rescue, that Jim Zabrocki has been promoted "Wildland Fire Administrator" and that new wildland fire policies and procedures were now in effect. These policies conflict with protocol established by the DNRC County Cooperative Wildland Fire Program and the Northern Rockies Coordinating Group(NRCG) and are rejected by the City. ***
NRCG Mobilization of Local Government Firefighting Resourceshttp://dnrc.mt.gov/forest...Bguide.pdf
Tuesday, 10 July 2007 - Sanitarian Zabrocki contacts County Attorney to inquire about the progress of assault charges he claims he's filed against Fire Chief Rodgers and is informed that he's not yet pressed such charges. He then presses charges against Rodgers.
Monday, 30 July 2007 - Assault charges are filed against Fire Chief Rodgers.
Monday, 30 July 2007 - City of Miles City launches an independent personnel investigation of alleged assault against Jim Zabrocki by Chief Rodgers, as required by Miles City Personnel Policies & Procedures, upon learning that charges have been filed.
Thursday, 31 July 2007 - Commissioners vote 3-0 to enroll themselves under the County's Health Insurance program at a cost of $474.00/month, raising their gross pay from $38,500 to $44,188. The item was not publicly noticed or placed on the meeting agenda. */**
Thursday, 21 August 2007 - Roger Hespe, owner of Newcastle Ambulance, met with commissioners to discuss delivering private ambulance service into Custer County. The agenda item was publicly noticed only as "Roger Hespe". */**
Tuesday, 28 August 2007 - Commissioners meet with CCRVFD to discuss formation of multiple fire companies in County and then sign an application with Victory Insurance to convert Workman's Compensation coverage from State Fund to Victory Insurance for all CCRVFD firefighters and County employees. The matter is not published as an agenda item in the Miles City Star, is penciled into the agenda after posting as "CCRVFC", and there is no vote recorded in the minutes. Further, Commissioner Matthews sits on the board of directors and owns several shares of Victory Insurance. The minutes indicate that there was no public bidding process applied to this enrollment, that Matthews failed to disclose his position on the board with Victory Insurance, his ownership of Victory Insurance shares, or that he abstained from voting on the matter. */**/*****/*******
Wednesday, 10 October 2007 - Michael Preller(CCRVFD), Jim Zabrocki, and Commissioners negotiate agreement with CCRVFD to provide Wildland Fire Suppression services for Custer County. Agenda item is noticed as "Michael Preller - CCFD *
Thursday, 18 October 2007 - Commissioners inform Chief Rodgers and me that they intend to separate Wildland Fire Suppression from the Interlocal Agreement. Agenda item is posted as "Mayor", no motion is made, no vote is recorded. */****
Wednesday, 31 October 2007 - Commissioners decide to terminate the Mutual Aid agreement with Midwest Fire Suppression. Item is not publicly noticed, doesn't appear on the agenda, and no vote is recorded. */****
Wednesday, 28 November 2007 - The City's independent investigator submits his report of findings into the alleged assault against Zabrocki by Rodgers concluding that "there is no credible evidence" that the alleged assault occurred. I accept the findings of the report and close the investigation against Rodgers.
Wednesday, 5 December 2007 - Custer County enters into a fire agreement with CCRVFD, authorizing up to $70,000 in appropriations from the County General Fund structure and supplemental wildland fire protection. Despite authorizing more than $50,000 in public expenditures, their was no competitive public bidding process followed to solicit bids or award this contract to the lowest bidder. ******
Wednesday, 31 December 2007 - Commissioners rescind all County Rural Fire Chief/Fire Warden, Asst. Rural Fi