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Assembly to look into investigation
March 23, 2007
By Russell Stigall
Frontiersman
MAT-SU - Borough Manager John Duffy has extinguished fire chief Jack Krill's job. The final official letter went out to Krill on Tuesday.
Duffy said the notice will end Krill's suspension and end the pay the chief has received while on administrative leave.
“He may grieve it, but we terminated his agreement with the borough,” Duffy said.
Borough assembly member Mary Kvalheim has called for an executive session of the assembly to talk about the borough's investigation.
“We haven't been given any information as to how it was handled,” Kvalheim said. “I am getting calls, ‘What is going on?' ‘Why the delay?' The public has a right to know what is going on.”
Without accurate information about the investigation, people have started to invent scenarios.
“The rumors have become outrageous,” Kvalheim said.
The assembly's executive session will take place April 3.
Patricia Von Ah, borough human resource manager, conducted the investigation into the charges against Krill. Her probe began in October in response to allegations of sexual harassment and retaliation filed by Paula Wiess, according to information from the borough. Wiess was one of Krill's 120 to 150 subordinates.
During its investigation, the borough filed new charges against Krill. However the harassment charges are not included in the reasons for his termination.
“We didn't find the evidence sufficient to move forward,” Duffy has said.
During the 16-week investigation, Krill retained his salary with the borough and the Wasilla-Lakes Fire Service Area. Krill, 31, was paid a $65,000 annual salary, plus benefits. Krill said 45 percent of his salary came from the fire service area budget.
The next step, Duffy said, is to re-evaluate the fire chief position, look at the job description and make sure it matches with the job
requirements.
“Then start the selection process” for a new chief, Duffy said.
Duffy said the final notice did not add any new charges to the investigation that resulted in Krill being fired. However, Krill said Duffy did remove a charge that Duffy had issued in a March 6 letter to Krill. The charge was in regard to a statement Krill made at a Wasilla-Lakes Fire Service Area board of supervisors meeting last month about the borough's Websense Internet filter.
Krill said he will grieve Duffy's decision.
“There was no just cause for my termination,” Krill said.
Mat-Su Borough code 2.52.690 spells out a three-stage course of action for Krill to grieve and appeal his termination. The code reads that discharged employees may file a written grievance within five days of termination. A department director will review the grievance, and within another five days will respond in writing. If the employee is unsatisfied with the director's response, he can file an appeal to the borough manager.
“Which is the person who is after me,” Krill said.
Duffy then will have 10 days to make a response.
“The decision of the borough manager is final and not subject to further internal appeals,” according to borough code.
Krill said he does not yet know whether he will attempt further action if Duffy rejects his appeal. The borough had no signed contract with Krill, who was an at-will employee.
Krill's case was brought before the Wasilla-Lakes FSA board in February. The board's role was to advise Duffy. The board voted unanimously for Krill's retention and prompt return to duty.
“The board agreed that the charges were unfounded and without merit and [Duffy] ignored their advice to reinstate me,” Krill said. “It is one person that is doing this, and I think the board saw that this was an unjust and biased process.”
Krill said he was surprised by his suspension last
November.
“Everything was going great. In June I got a merit pay increase that [Duffy] approved,” Krill said. “There are a lot of people who would testify that I am a good manager, good leader. I grew up here, and this was my career goal, and we were doing a lot of great things.”
A search on the Internet results in Krill's name coming up often. Krill said the investigation has hurt his career.
Alaska in particular is a small fire service community, but nationwide it is a small community, Krill said.
“And it will seriously hamper my ability to find a leadership position in the fire service when [Duffy] has stated in the papers that I am unfit to lead, poor judgment, poor leadership,” Krill said.
Contact Russell Stigall at 352-2267 or russell.stigall@
frontiersman.com.