Update: Comments from Kirkland Mayor Amy Walen have been added to the bottom of this report.
In a scathing letter, the Kirkland firefighters union rejected a proposed domestic violence resolution with the city of Kirkland, lambasted Kirkland City Manager Kurt Triplett for not taking stronger action against some of its members and announced its opposition to the proposed construction of a new fire station.
The letter, dated Dec. 9 and written by IAFF Local 2545 President Bryan Vadney, turned down a proposed domestic violence resolution between the union and the city, saying its policies on both domestic violence and sex trafficking are already clear.
The resolution, drafted by Mayor Amy Walen and Deputy Mayor Penny Sweet, would have directed the city manager, fire chief and director of human resources “to take all actions necessary through administrative policies, discipline procedures and collective bargaining agreements to ensure that no firefighter commits an act of domestic violence.” It would have also called upon the fire department and union to “enact an administrative policy regarding domestic violence by December 31, 2014.”
Vadney told the Reporter that “The city is asking us to stand with them and our position is we’ve been here all along, we’d liked them to catch up to us. Their actions don’t represent that.”
As proof of this claim, the letter cites two firefighters, though not by name, accusing the city of being “cowardly” for not taking stronger action when the firefighters’ behavior was brought to light.
Michael Aguilar Varela recently signed a separation agreement with the city of Kirkland after it was discovered he was involved in a prostitution ring scandal earlier this year. During an internal investigation, they also discovered he had a deferred conviction in 2012 related to a 2011 incident soliciting prostitutes in Seattle. The other firefighter, Patrick McManus, has a history of domestic violence and is currently facing new domestic violence charges stemming from an alleged incident in February. He is currently on paid administrative leave.
“We do not condone these activities, nor do we provide for the safe harbor of employment for those who perpetrate these activities,” Vadney’s letter read. “The firefighters we represent have zero tolerance for those who commit crimes against humanity. Let’s be clear, these activities are criminal.”
“And while the court system is complicated and often results in deferred sentencing, firefighters are not,” the letter reads further. “We are quite simple in our application, zero tolerance. So you can imagine our dismay when our employer continued to employ and, incredibly, promote a repeat offender.”
The letter further reads that “we are embarrassed by the activities of our members and will work relentlessly to rebuild the trust of our community, and in doing so, we will openly hold the city of Kirkland accountable for cowardly providing continued employment to a repeat offender; worse, a separation agreement.”
In rejecting the resolution, Vadney’s letter states the union has a lack of confidence in Triplett – whom the letter referred to only as the city manager – to run the fire department. He concluded the letter by voicing opposition to the city’s plans for constructing a new fire station, which he told the Reporter would merely reposition fire staff when more are needed. He also said the new station would be located too close to other stations and that the money would be better spent renovating the existing fire station.
“We’re trying to politely tell council ‘We’re not with you,'” he said. “We don’t think it improves service whatsoever. You need to add more firefighters.”
Sweet said she and Walen first thought of the idea for the domestic violence resolution during October, which is designated as domestic violence awareness month. She said that union leaders were initially supportive of the idea when they first presented it to them.
“I thought it would be a good partnership to form with the firefighters,” she said. “Our intention was they would do something similar to what our police department has already done, which specifically states that there is no tolerance for domestic violence.”
Things fell apart, Sweet said, when union leaders felt as though the resolution was pointing a finger at the department, which she said was not their intention. She added that despite rewrites of the resolution and communication with union leaders, the conversation eventually tapered off.
“It’s just been very strange,” she said.
Triplett told the Reporter the city is perplexed by the union’s letter declining the proposed domestic violence resolution, which he called “benign.” He also said he’s puzzled as to the union’s criticism of the separation agreement between the city and one of their members, as they were one of the signatories to the agreement.
“Our decision was a difficult one, but we felt it was a way to get closure in a way that met everyone’s needs, the firefighter’s needs and the union needs,” Triplett said. “All three parties signed, so I’m not sure why he’s saying now that that’s an issue.”
In July, Aguilar Varela filed an Equal Employment Opportunity Commission complaint against the city, claiming racial and age discrimination. According to the complaint, obtained through a public records request by the Reporter, he had filed a previous discrimination charge against the city and was subjected to retaliation afterwards.
The separation agreement, Triplett said, stipulates that the city will not face any future complaints by Aguilar Varela.
“The city gets a certain level of certainty,” he said. “If the employee comes back and sues you that can cost you a lot of money.”
As for the union’s opposition to the proposed fire station, Triplett stated union members have been participants through the entire process and no complaints had ever been voiced until now.
According to Triplett, there were two union members on the site selection committee and the siting process for determining where the fire station might be located. The recommendations, he said, came from a two year strategic plan, developed by a committee which also had union members on it. The plan concluded a new fire station in Juanita or east Finn Hill was needed. Triplett also said union leadership was present during a recent city council study session on one of the proposed sites and did not speak out.
“I don’t know why now they think it’s not an appropriate investment,” Triplett said. “There’s clearly something else going on. My goal is to find out if the union has a legitimate issue. I want to hear and how to address it. To date, they have been on all the processes that have led to this.”
Walen told the Reporter that the city has complete confidence in Triplett and she is confused as to why the union has come out against the new fire station.
“I want the citizens of Kirkland to know we had a slow, deliberate and thoughtful process for the siting,” she said. “I’m extremely disappointed and surprised that the firefighter union leadership have come out now with concerns. They have been intimately involved every step of the way.”
She also said that she had worked with Sweet on the resolution out of a desire to update the firefighter’s code of conduct, which she said is out of date and vague when it comes to domestic violence.
“We need a new code to effectively deal with domestic violence issues,” she said.