By David Doege
Milwaukee Journal Sentinel (Wisconsin)
Copyright 2006 Journal Sentinel Inc.
Former part-time Town of Brookfield Fire Chief Alexander Felde is suing the town and 12 town officials in federal court contending that he was replaced illegally following an investigation into alleged improper fire equipment purchases that did not result in criminal charges.
Felde, who was placed on administrative leave pending the outcome of the investigation, contends in the lawsuit that he was not removed “for cause” as required by Wisconsin law, was denied constitutional rights and that his replacement’s appointment “is null and void.”
“The police and fire commission has never held a hearing in order to determine the propriety of any of the allegations against (Felde),” his attorneys, James Gatzke and Mark Ruppelt, charge in the lawsuit.
The lawsuit also claims that commissioners met improperly with town supervisors to plot Felde’s removal and that after they decided to hire a full-time fire chief “he was not given the opportunity to apply for the newly created position, despite his expressed interest in keeping the position.”
Although the lawsuit seeks unspecified punitive and compensatory damages, the amount “may approach $1 million,” the lawsuit says.
Gatzke told a reporter that rather than having an open public discussion about changing the department’s leadership, town officials trashed Felde’s reputation in the process of trying to force him out.
“The intent all along seems to have been to get rid of Alex for whatever reason, but Alex wasn’t interested in quitting,” Gatzke said. “So they trumped up these allegations and they sullied his name.
“After all that, he’s interested in clearing his name so now we have to go through this process. I really think they shot themselves in the foot.”
When contacted about the lawsuit, Town Administrator Richard Czopp declined to comment, saying only, “I haven’t seen it.”
Czopp referred a reporter to town attorney James Hammes, who could not be reached for comment.
Felde was hired as the town’s part-time chief in 2002 while working as a full-time firefighter for the Racine Fire Department, a job he still holds. In December, Felde was placed on administrative leave pending the outcome of the investigation into equipment purchases.
During the police investigation, town officials decided to switch from a part-time to a full-time fire chief and told Felde that his part-time chief position was eliminated, ending his employment.
After reviewing police reports concerning the probe, Waukesha County District Attorney Paul Bucher concluded in May that Felde’s actions were puzzling and likely in violation of town policies when he sold items that belonged to the town, but they did not warrant criminal charges.
The lawsuit says that the town also hired a private attorney to ponder the possibility of filing a civil lawsuit against Felde, but no action was taken after that review as well.
Earlier this summer, Felde filed a $50,000 notice of claim against the town alleging that town officials defamed him and attempted to extort his resignation during the investigation. The claim was subsequently denied.
In addition to contending that his legal rights were denied during his ouster, the lawsuit says that Czopp slandered Felde in remarks to the media about the probe by saying that he was “suspended” and “under criminal investigation.”