By Aaron Hale
The Naples Daily News
IMMOKALEE, Fla. — The Immokalee fire chief is back to work even though the fire district is taking steps to review allegations of improper use of district funds.
After a four-hour tumultuous Immokalee Fire Commission meeting Thursday, with sniping lawyers, heckling from private citizens and a sharp divide amongst the board, commissioners narrowly decided to reinstate Scott Birge as fire chief, even as the commission agreed to ask the state attorney general’s opinion on Birge’s expenditures.
Birge, who has been chief since July 2009, has been under fire since allegations of misused funds and other issues regarding compliance with the district and district policy were raised at an emergency commissioner meeting on Nov. 2.
Birge had been suspended with pay since that meeting after Commissioner Joe Matthews and outgoing Commissioner Albert Lee tried unsuccessfully to have the chief fired.
Spending complaints against Birge include using the district’s credit card to purchase a nearly $600 membership into a leadership networking organization, an $18 pair of pants at Walmart and another $18 in valet parking fees for travel expenses. Birge also faced questions on failing to create a required five-year plan, inappropriately reimbursing himself $2,000 for educational courses, not enforcing the district’s purchasing policy and mismanaging compensation time for himself and his staff.
Kenneth Thompson, the district’s attorney, told the board Birge’s performance was putting the district in “noncompliance” with state statutes and the district’s own policies.
He told the board some of Birge’s expenditures could be viewed as stealing from the district for personal gain, especially a membership into Biltmore’s Who’s Who network that advertised complimentary airline tickets.
Birge addressed some of the complaints directly. He denied ever receiving tickets from the networking groups. He did admit he may have made some missteps from a lack of understanding the district policy. However, he said no violation was made “in defiance” of the board or statutes.
Birge’s attorney, Christopher Marsala, defended Birge’s expenditures, contending that his client’s purchases did benefit the district.
Although some members of the board seemed ready to put an investigation on hold until they could review all of the accusations, Thompson told the Immokalee Fire Commission if it did not act on the allegations and take steps to investigate, it could be held liable for violation of state statutes.
“I think you have a duty to investigate and find out what happened,” he said. “If you don’t investigate, I think you’re violating your duty.”
Before voting to seek the attorney general’s opinion and authorize an independent audit, Commissioner Edward “Ski” Olesky complained the district was spending more money on Thompson’s attorney fees, $3,200, than the amount of money Birge was accused of misusing.
While the board unanimously voted to pursue an investigation of the allegations, the vote to reinstate Birge was close. It followed a failed 2-3 vote, which would have put the chief on unpaid suspension. Commissioners Terrie Aviles, Phung Ho and Olesky voted in support of the chief. Matthews and Pam Brown vote for the suspension.
After the commission made its decision, Thomas Cunningham, the Immokalee firefighter’s union president, said the firefighters stand behind the chief and blamed the district’s lack of leadership for some of his shortcomings.
“The board has failed the chief by not giving direction to him,” he said.
A few public speakers, including Fred Thomas, encouraged the board and the chief to better communicate concerns with each other.
After the meeting, the embattled chief said he supported the district’s efforts to investigate his expenses.
He added, “I’m mostly glad the board has told me to get back to work.”
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