By Paul Fallon
The Charleston Daily Mail
CHARLESTON, W.Va. — Officials are investigating the discovery of a device used to secretly record a meeting about the logistics of transferring operation of the Corridor G fire station from Charleston to South Charleston.
Charleston City Manager David Molgaard and Charleston Fire Chief Chuck Overstreet met with South Charleston City Manager Carlton Lee and members of the South Charleston Fire Department on Aug. 9.
The officials met to discuss the transfer of the operation of Charleston’s Fire Station 9, located behind Applebee’s on Corridor G, to South Charleston, Charleston Mayor Danny Jones said.
After the meeting, a Charleston firefighter at the station discovered a device that had been tucked away to record the meeting, Jones said. The mayor didn’t specify where the device was placed but said it was hidden.
That firefighter turned the recording over to Overstreet, who informed the mayor and other Charleston officials that the meeting had been recorded.
“It’s just offensive that a meeting like this was bugged,” Jones said. “This is completely inappropriate, and I think it’s completely illegal.”
Some members of the fire department are upset about possible changes that could be made to the department now that an efficiency study has been released, Jones said.
Even before the study was finished, Charleston City Council had voted to transfer operation of Station 9 to South Charleston and move the 12 Charleston firefighters based there into vacant positions at other stations.
The move is allowing the city to eliminate 12 vacant firefighter positions in the budget for the fiscal year that began July 1. That will save about $414,000, which in turn will be used to help pay for Charleston’s severely underfunded fire and police pension plans.
However, the transfer has not come without controversy. Numerous Charleston firefighters have attended council meetings to oppose the move.
“This is becoming a tense situation with some individuals in the fire department,” Jones said. “But we’re going to do what we have to do to keep Charleston’s books balanced and run an efficient city.”
It is legal to record a conversation if at least one person participating is aware of the recording, Kanawha County Prosecuting Attorney Mark Plants said.
Plants would not comment on the specific situation, but he said it is illegal to record a conversation if the person initiating the recording is not present or if that person doesn’t have consent to record from others involved in the talks.
Anyone convicted of such an offense is guilty of a felony and can be sentenced to up to 10 years in prison and fined up to $10,000, Plants said.
No charges have been filed, and no arrests have been made, Jones said.
However, the mayor said he knows who placed the recording device in the room.
He would not reveal that person’s identity or say how he knew who was responsible.
He did say the person who recorded the meeting was not present for the conversation.
The recording has been turned over to the Charleston Police Department, Jones said.
“A file will be put together and sent to the Kanawha County Prosecuting Attorney’s office,” Jones said.
Charleston Police Chief Brent Webster would not confirm that he had received the tape, but he said detectives are conducting an investigation regarding the Charleston Fire Department.
Fire Chief Overstreet said only that an internal investigation was under way in his department.
“While this investigation is ongoing, I’m obligated not to speak about it,” he said.
Molgaard said the recording also is a personnel matter.
“I would rather not comment on the personnel issue at this time,” he said.
The meeting that was allegedly recorded lasted about an hour, Molgaard said. Nothing was discussed other than the logistics of turning the fire station over to South Charleston. He said he had not listened to the recording.
“It’s unfortunate,” he said. “Nothing was said in that meeting that wouldn’t have been said in front of the firefighters.”
Myron Boggess, president of the Charleston Professional Firefighters Association Local 317, said he had not been contacted by city officials or the fire chief about the tape or the investigation.
“I’m not going to comment on it until I talk to them,” he said.
Boggess said the investigation would not change the way Charleston firefighters conduct business and service around the city would not suffer.
Jones said the situation reflects on only one member of the fire department.
“On a one-on-one basis, the firefighters treat me with respect, and I think I treat them with respect and honor what they do,” he said. “I’d like to see us get through this.”
Jones said the recording might have resulted from resentment over changes city officials are considering. He mentioned the recent distribution of a leaflet around the city that said the mayor was trying to shut down fire stations.
Overstreet believes some firefighters are upset because of the uncertainty that has been caused by the study. Among other findings, the study recommended the city reduce overtime for firefighters.
The city already was slated to put $6.2 million into its police and firefighter pension programs and last spring came up with a plan to address the funds’ unfunded liabilities that will require another $1.7 million this fiscal year.
The city still needs to identify $850,000 in savings elsewhere to reach that amount, Overstreet said.
That will be in addition to the $414,248 to be saved by eliminating the 12 vacant firefighter positions and $442,050 to be saved by eliminating 10 vacant police officer positions.
Overstreet thinks some firefighters believe city officials will try to come up with the additional $850,000 by making more cuts in the department.
“The firefighters are worried about what’s coming next,” he said.
Overstreet believes the fire department will overcome the issues it faces and end up a better department.
“The guys need to bond together,” he said. “We’re going to keep doing the best job we can no matter what.”
South Charleston Mayor Frank Mullens learned of the recording Wednesday morning. He said one or two rabble-rousers in the Charleston department made the recording and the majority of the city’s firefighting force was not responsible for the actions of a few.
“But I think that was an underhanded thing for someone to do,” Mullens said. “And I think the person who did it should be prosecuted.”
South Charleston officially took over operation of the station behind Applebee’s on Monday, Mullens said. However, they have yet to begin running calls from it.
The South Charleston department is still stationing firefighters in the Jefferson Road location, which will be closed once the equipment is moved to the Charleston station.
Mullens did not know when the move would be completed.
“But I want this done soon,” he said. “We don’t want to drag our feet on it.”
Copyright 2011 Charleston Newspapers