By Dianne Stallings
The Ruidoso News
RUIDOSO, N.M. — An attorney for Tom Gavin confirmed Friday that the award-winning firefighter was terminated Jan. 5 as Ruidoso fire chief.
Gavin was placed on paid administrative leave in early December. A predetermination hearing was conducted Dec. 27, where a lateral transfer was discussed.
While Village Manager Debi Lee in a “Findings and Decision” paper sent to Gavin pointed to his “lack of connectivity and inability to lead your firemen, your autocratic leadership style, unprofessional and erratic behavior,” as the basis for the dismissal, Gavin’s attorney J. Robert Beauvais contends the real reason is Gavin’s adherence to his job of enforcing the village fire code.
That contention is supported by a succession of positive performance evaluations since his hiring in February 2008, the attorney said Monday. “The record is replete with atta-boys and memos regarding his superior, not satisfactory, but exceptional performance until the Lucy’s situation.”
“We found nothing (in the ‘findings and decision’) to justify terminating his employment,” Beauvais said. “It’s our contention this is whistle blower retaliation in connection with giving 30-days to Lucy’s (Mexicali) restaurant to correct some 15 serious fire code violations and for questioning fire code violations at the Ruidoso Convention Center, specifically the sprinkler system placement.”
Contrary to established protocol, Gavin was bypassed in reviewing the sprinkler system plans during renovation of the center, the attorney said. He never signed off on those plans. The International Fire Code, which Ruidoso adopted, dictates that nothing be placed within 18 inches of the sprinkler fireheads, but by recessing the heads, some light fixtures intrude into that space.
The violation was pointed out to Gavin during a State Fire Marshal conference in the center. Although the State Fire Marshal was quoted in a recent article as saying the Ruidoso Fire Department has jurisdiction over the convention center, the usual procedure is for a department to recuse itself when dealing with an in-house problem, Gavin has said.
While Gavin was out of town, the assistant fire chief performed another inspection at Lucy’s, found the same violations, but gave the owner a year to correct them, something that Gavin contends is “reckless,” in view of a previous fire at the restaurant in 2007.
Beauvais said village policy allows 10 days to request a post termination hearing for “an independent tribunal” to review a firing. “We will request a hearing,” he said Monday.
In response to 86 points enumerated by Lee in her letter and findings sent to Gavin, the attorney called the approach “papering the file, when there is no smoking gun,” and questioned why some of the incidents were not cited at the time they occurred, if they were so serious.
Other specifics cited by Lee included:
More than 20 points dealing with events connected to her contention that a letter of no confidence from department employees was presented to Gavin with 20 signatures Nov. 29, asking for his resignation. Gavin’s attorney said he never saw any paperwork on the original vote and the numbers don’t add up correctly.
Eight points were tied to Gavin’s handling of the purchase of fire trucks and trade-in and sale of older vehicles, contending his handling of the issue demonstrated a lack of leadership and that the contract, although approved by the village attorney, could have been challenged.
Seven points tied to a mock disaster exercise and subsequent “hostile” interaction with the village’s emergency manager. She stated that Gavin’s “outburst of anger” toward the former village emergency manager was unacceptable and reflected poorly on the village. Beauvais said Gavin’s outburst consisted of calling out to the emergency manager to respond to someone on the emergency radio when Gavin was unable to get up and walk across the room.
Three points were associated with criticism of Gavin’s handling of a positive drug test after an accident in a village vehicle. The drug eventually turned out to be a prescription, but Lee said the incident illustrated Gavin’s “inability to control your emotions and conduct yourself in an appropriate professional and dispassionate manner.”
Seven points Lee cited were connected to the Lucy’s inspection. Lee contended the building owner was using the fire department to evict the restaurant owner from the structure and that many of the violations should be directed to the owner of the building. Beauvais said Gavin was notified of problems and performed his duty of inspecting the building, allowing the usual 30 days for corrections. Lee wrote that when Gavin left for vacation without contacting the owner of Lucy’s, she asked the assistant chief to see if he could work through the situation. Vincent reinspected, talked to the owner of the building and the restaurant and extended the correction period to one year. Lee wrote that she e-mailed Gavin in an effort to keep him updated, but received a “disrespectful” message back.
“You were more concentrated on your authority and your decision to only give 30 days for correction and had no regard for everyone affected by the outcome of your decision,” she wrote.
Four points were connected to the use of a village purchasing card. Lee wrote that while auditors were reviewing use of the cards, which was encouraged by the village, she found some purchases by Gavin she felt were unnecessary and intended to meet with him, but he contacted her first about two meals purchased that included alcoholic beverages. Gavin discovered the purchases, called them to Lee’s attention, repaid the expenses and was suspended for three days without pay for the infraction. At the time, Beauvais said Gavin’s recollection is the manager commented that, “Everyone’s done it. We need to be careful,” that while overall Gavin’s performance was rated as expected or above expectations, a common element in all evaluations appeared to be that administratively, he is exceptional working independently, but struggled working as a team member or in leading his department. Those issues deteriorated significantly over the months following his June 16, 2010 evaluation by Lee, and reached the point where he is unable to effectively lead the fire department.
By press time, no response was received from Lee for comment on Gavin’s firing.
Copyright 2011 Ruidoso News, a MediaNews Group Newspaper
All Rights Reserved