Jul 2, 2016

What is missing from the post on the letter from the volunteer firefighters from Fortuna; so what is the complete story?




What is missing from the post on Kym Kemp's site is an email copy from 9/23/2015 attached to the letter.

The email is from Chief Len Winburn.

It states: "It is time that everyone in this Fire Department gets fired up! The letter that Dean put in the newspaper is unacceptable and reflects directly on all of us. No one in this organization deserves to be labeled fraudulent but that is exactly what he has done. When he confronted on his statements, he hung up on me-shows his lack of character. I was originally not going to respond but after gertting feedback from community members it is apparent that not everyone knows that Dean is such a low life and many actually believe what he has written. I cannot do this alone, we need to put letters out to the editor, talk to neighbors and friends and make sure that the true message gets out. Dean's letter is attached for your reading pleasure."

Also attached to the letter is a piece of paper with no date and a recording of allegedly a conversation between Chief Winburn and Dean Glaser. There are two letters regarding Mr. Alan Mendes' membership dated July 2015 and October 2015.

I also received a copy of the following letter a day ago, which so far, has been only printed on Kym Kemp's site today.

I did not print the letter as I was waiting to get more comments and information from the Fortuna Fire Department and Supervisor Estelle Fennell. I will update this post with any response from them.

Chief Winburn responded via email on Sunday, July 3: "the person that wrote the letter was terminated from the department for unacceptable behavior. The District Board backed the decision to terminate unanimously. The decision to revoke exempt status for both was due to discrediting to the fire department, the exemption was upheld by both the department membership and the District Board."

I have known Supervisor Fennell for a long time, I have also known Mr. Mendes for a long time. I have only known Mr. Glaser since the last election and briefly, but my interactions with him have been positive.

This is the letter:

September, 2015, Dean Glaser and I publically opposed the “Fortuna Fire Tax” which was subsequently approved by the citizens of Fortuna, minus some 4,000 ballots that were never turned in by property owners.
At the time of my opposition, I had been removed from the almost 30 years of service to the community of Fortuna as a Volunteer Fire Fighter, by Chief Lon Winburn and the Fortuna Fire Protection District Board of Fire Commissioners.

I was initially removed as Captain of the Fortuna Volunteer Fire Department Company #5, (in Campton Height’s) by Chief Winburn after a disagreement at a meeting held on June 2, 2015. I adamantly opposed my removal from the Dept. and through the Policy and Procedures, along with the Dept. Bylaws I Appealed my removal to my peers.

A hearing was held where (by majority vote) I was fully reinstated! After the vote was taken, Chief Winburn verbally told all present that he agreed he will respect the decision of the board. However, Chief Winburn later recanted that statement before the Board of Fire Commissioners.

Chief Winburn had claimed numerous past disciplinary actions for harassment and insubordination for my removal. At the hearing, I successfully disputed all past disciplinary actions that Chief Winburn attempted to use against me. Members that were named in the apparent disciplinary actions were present at my Appeal Hearing, but none of them spoke out against me or in support of my removal from the Department.

Within nine (9) days of my Reinstatement, Chief Winburn called a meeting before the Board of Fire Commissioners in a further attempt to dismiss me from the department. This type of hearing is not called for any department Bylaw, Policy, or Procedure of the Fortuna Volunteer Fire Department.

At this Hearing, I was restricted to only fifteen (15) minutes to defend myself and my dismissal, I was not allowed to call any witnesses, and I had hired a private attorney who was not allowed to officially defend me as called for by the department Bylaws.

Not to anyone’s surprise, the Board of Fire Commissioners, who hired Chief Winburn, upheld Chief Winburn’s dismissal of me from the department. I find it ironic that Chief Winburn made numerous allegations against me, but failed to mention his own Conduct Policy violation by sending out a department wide e-mail calling Dean Glaser a “Low Life”!

The Fortuna Volunteer Fire Department Policy & Procedure Manual spells out very clearly the three (3) stages if discipline, 1. Written, 2. Suspension, 3. Dismissal/Termination. Through all of this, he did not even follow his own department’s policy & procedure, which he was the author for enforcing progressive discipline. Why is that?

Even after my dismissal, the Board of Fire Commissioners approved my “Exempt Status” with the department as long as I followed all policies & procedures of the Fire department; however, upon the passing of the Fire Tax, both Dean and I received a letter from the Fire Dept. stating that our “Exempt Status” had been revoked by the Department and Board of Fire Commissioners. No reason was given for the change in our Exempt Status or why it was suddenly revoked. I ask you WHY?

“{Exempt Status” is earned after five (5) years of service with the department and gives such member the right to attend all Fire Department functions, meetings, and social events. So after a combination of 45+ years of service to the community of Fortuna and the Fortuna Volunteer Fire Department, our “Exempt Status” was revoked. WHY? To this day, neither Dean nor I are aware of any reason. Additionally, there has never been a policy or procedure that allows the administration of the Fire Department to revoke such previously earned status.

On December 14th 2015, I took my concern to 2nd District Humboldt County Supervisor Estelle Fennel, who is directly responsible for the Fortuna Fire Department’s Board of Fire Commissioners. Ms. Fennel directly appoints/replaces a person to this board in cases of vacancies. As a part of Ms. Fennel’s campaign is that she supports all fire fighters of Humboldt County. I provided video, audio, and written documentation supporting my position to Ms. Fennel in the hopes she would directly address this issue with the Fire Commissioners. Ms. Fennel assured me that she would meet with the Fire Commissioners in an attempt to resolve the matter. To date, Ms. Fennel HAS DONE NOTHING!

My goal is to make the public aware that you have no rights as a volunteer in any situation, dispute or capacity; even if the volunteer position is governed by policy & procedures and bylaws. The administration is not bound to abide by any of them and you have no legal recourse. After the assistance of three (3) local well known attorneys, who practice employment law, I surprisingly found that out!

Finally, I cannot tell you how disappointed it was to not get ANY SUPPORT or RESOLUTION from 2nd District Supervisor Estelle Fennel (who is adamant in helping/supporting our local Volunteer Fire Fighters).

Both Dean and I are past recipients of the departments “Firefighter of the Year” award, which is voted on by the membership of the department. Dean is well known as the organizer of the annual 9-1-1 Parade and Ceremony in remembrance of those who have fallen but will not be forgotten. An event that honored those that lost their lives in the 911 terrorist attacks. This will no longer occur in Fortuna due to Dean leaving the department and the revocation of his “Exempt Status”. To our knowledge, the revocation of our “Exempt Status” from the department after a combined 45+ years of dedicated service to the community of Fortuna is the first of its kind in Fortuna Fire Department existence.

Sadly enough after no response from Ms. Fennel, this puts the honesty & integrity of the department’s administration in jeopardy. To substantiate this claim is the fact that Ms. Fennel’s last appointment to the Fortuna Fire Board of Fire Commissioners involved an excused member who failed to disclose that he had been driving Fire/Emergency Apparatus for many years with a suspended driver’s license. Additionally, he had a NO BAIL WARRANT for his arrest. Even after this was revealed to Ms. Fennel, this subject still remains on the Fortuna Fire Board of Fire Commissioners.

My Goal is to bring awareness to the current members or those interested in becoming a Volunteer. YOU HAVE NO REAL RIGHTS AS A VOLUNTEER!

Some may feel that submitting this information is totally out of revenge, which is not the case. During my 30 years of dedicated service to the community, I served under past Fire Chiefs Bob Sommerville, Joe Toroni and Frank Hizer, and I never received any disciplinary action for any wrong doing! The evidence is overwhelming that this is a personal attack. Further evidence to prove my point, the department has recently changed the bylaws to directly restrict the attendance and behavior of past and current Exempt Members. WHY? Does Fortuna Fire have something to hide?

Please know it was an honor to serve the community of Fortuna for the COMBINED 45+ years we were allowed to.

Alan Mendes and Dean Glaser

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