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Political mailer attacks San Rafael council candidate’s record as fire chief

By Richard Halstead
Marin Independent Journal (California)

SAN RAFAEL, Calif. — A political mailer slamming Bob Marcucci’s record as San Rafael fire chief arrived this week in the mailboxes of about 20,000 San Rafael residents likely to vote in the November election.

Marcucci, who served as fire chief from 1971 until 2004 when he retired, is running for San Rafael City Council. He is one of four candidates competing for two seats.

The mailer claims Marcucci is responsible for safety violations at the department that resulted in more than $19,000 in fines from the California Occupational Safety and Health Administration, and a slipshod bookkeeping system that allowed a department dispatcher to embezzle $50,000.

Marcucci said the mailer is “riddled with lies and character defamation.” But Jeff Conover, president of the San Rafael Firefighters Association, said the criticism is legitimate.

The mailer was paid for by an independent expenditure committee headed by Jonathan Frieman, a San Rafael activist. Frieman said he contributed $4,500 to help pay for production and mailing of the piece, which cost $8,000. Frieman said Larkspur resident Doug Kerr contributed $2,000 to the committee, which calls itself the Alliance for San Rafael Safety. Nearly a dozen firefighters made contributions of less than $100, Frieman said.

Last year, Frieman spent about $23,000 helping to finance mailers criticizing Cynthia Murray in her bid for the state Assembly and Joe Nation in his bid to defeat Rep. Lynn Woolsey, D-Petaluma, in the Democratic primary.

Independent expenditure committees, which are unfettered by campaign finance limits, can spend money to promote candidates or issues. They are prohibited from coordinating their efforts with candidates seeking election.

“I have a strong interest in seeing there is a progressive presence on the City Council,” Frieman said. “We need competent people, and I just have not been impressed with Bob Marcucci.”

Frieman has contributed to the campaigns of two of Marcucci’s competitors: $1,500 to Damon Connolly and $1,000 to Greg Brockbank. Connolly and Brockbank said they knew nothing about Frieman’s mailer.

Regarding the safety violations, Conover said Marcucci bent a rule that called for keeping two firefighters outside a burning structure for every two firefighters working inside. Conover said Marcucci used a loophole that allows departments to ignore the rule if someone’s life is threatened.

“He actually instructed the captains that they should consider there is a life hazard at every single fire we went to, whether that was true or not,” Conover said.

Conover said CAL/OSHA also cited the department for not having “source capture” hoses, which remove diesel exhaust emitted by fire trucks when they are in the station. Marcucci installed fans instead, saving the department $7,000. Conover said the fans dispersed the diesel fumes but were incredibly loud.

“So you had a choice: You could either turn the fans on and go deaf, or leave the fans off and suck diesel,” Conover said.

Conover said Marcucci paved the way for the embezzlement by allowing dispatchers to prepare payroll reports. The dispatcher who eventually pleaded guilty falsified his overtime, vacation and sick time.

Conover said, “Marcucci went cheap on everything - even areas where you shouldn’t cheap out.”

Responding to Conover’s assertion that he finessed the two-in, two-out rule, Marcucci said “Conover is a liar.”

As for granting exceptions to the rule, Marcucci said he left the decision up to his captains. “I told them I would support their decisions,” Marcucci said.

Marcucci said he was unaware of CAL/OSHA citing the department for violating the rule - even though Frieman produced a copy of the citation, which was issued in June 2003.

Marcucci said he wanted to install “source capture” hoses but former city manager Rod Gould would only give him enough money for fans. As for the embezzlement, Marcucci said that occurred after he retired.

“Obviously, after my retirement, checks and balances were no longer implemented,” Marcucci said.

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