Law office seeks investigation of Polson Rural Fire District

A letter requesting an investigation into possible misconduct within the Polson Rural Fire District was sent to Steve Eschenbacher from Kim Christopherson Law Office in Kalispell. 

Eschenbacher then passed the document and task off to Lake County Civil Attorney, Walter Congdon to further investigate. 

The letter details possible violations of Open Meeting laws, ethics concerns, and possible misuse of county tax money. 

According to the letter, “There is significant evidence that the Board of Trustees of the Fire district is conducting Fire District business in violation of Montana’s Open Meeting Laws.” It then goes on to cite 15 occasions from March 12, 2014 to December 9, 2015 in which the Board of Trustees went into executive session because of personnel issues. According to select members of the board, personnel issues include reviewing possible new fire fighters. Drew Hoel, one of the members on the Board of Trustees, said that many of the executive meetings that are currently called into question were done so as to address private information related to the potential new fire fighters. “The chief will bring up personnel issues that he cannot bring up in a public meeting,” he said.

Ethics concerns that were brought up in the letter included possible conflict of interest in regards to Hoel’s owning Innovative Contracting LLC which was contracted to do much of the repair work on the Rural Fire District. According to the Montana Code 2-2-105(2), “a public officer may not acquire an interest in any business or undertaking that the officer or employee has reason to believe may be directly and substantially affected it its economic benefit by official action to be taken by the officer’s or employee’s agency.” The districts bylaws also outline a policy saying no District Trustee may be interested in any contract made by the Board. 

Hoel’s business obtaining such contracts seems to violate both the Montana Code and the bylaws, but according to Hoel, all of the work done for the Fire District was done at cost or at cost and cost of paying an employee. 

Another concern pointed out in the letter was Hoel operating his business out of the Fire District office with the mailing address for his business, Innovative Contracting LLC, being the UPS store near the fire station. But according to Hoel, he has used the UPS store as a base since 2006, long before the Rural Fire District 

opened its doors at that location. Also, Hoel said he occasionally takes a business call from the station on his cell, but said he does not base his business there.

Other accusations include issues with spending within the department. A lighting issue occurred in 2012 and the Board approved a repair budget of $2,500. A phone poll was conducted by Hoel with three other members to approve a $500 increase to “get it done right the first time,” Hoel said. Hoel also stated that all board members were called to give their input in the increase, but only three others answered. Trustee Koberg did not approve of the manner in which the spending was approved with the phone call. 

Koberg addressed another possible issue with spending in a May 2014 meeting, regarding Engine 333, which is housed on Jack Clapp’s ranch in Irvine Flats. The initial cost of repairs was $10,000 but was approved for over $13,000. The initial cost took into consideration only the goods needed for repair and not the cost of installation, according to meeting minutes from May 14, 2014. After installation cost was approved and an additional $500 donation put towards lights for the truck, the final bill was $13,386. Once again, Koberg addressed concern with the way the spending was approved. 

The letter goes on to discuss possible concerns of Clapp using engine 333 for personal use. According to the letter, “The evidence provided with this letter suggests that Trustee Clapp regularly drives the vehicle for his personal use.” It goes on to talk about the mileage recorded on the engine, saying that it exceeds its mileage for its use in the Irvine Flats area. The letter states that the odometer reading on November 18, 2015 was 15,965. The engine was new in 2011 and was operational by May of 2011. According to the letter, “This amounts to average of 269 miles per month being put on Engine 333.” Clapp said between February and November of 2015, there were roughly 6,000 miles put on the vehicle because of rural wildfires that the engine responded to outside of the district. According to Clapp, the engine also responds to fires throughout the Polson Rural District when necessary, though it is housed on his ranch for quick response times in the Irvine Flats area. 

Finally, the letter addresses possible issues regarding appointing Grant Clapp, Jack Clapp’s son, and Will Woodger, Hoel’s business partner, as Lieutenants on the Board of Trustees. Chief John Fairchild appointed these men in September of 2015 and said he did so based upon their abilities and qualifications.

Congdon is currently looking into the investigation and hopes to have meetings and discuss the details in the letter with the Polson Rural Fire Department and those named in the letter.