Attorneys respond against hiring complaint filed against Greenwood Township
MONDAY, MARCH 12, 2018 — Attorneys representing Greenwood Township’s errors and omissions insurance have responded to a Minnesota Department of Labor and Industry (MDL&I) inquest into the recent hiring of Mike Indihar as Assistant Fire Chief. Jeff Maus, the only other applicant for the Assistant Fire Chief position, filed a complaint with MDL&I following the Greenwood Township Board of Supervisors’ action approving Indihar for the job on December 12.
Maus’ complaint alleges that the township did not follow its own hiring policy, and that it did not properly follow its own application process and that he was not interviewed for the position in “retaliation for his previously filed whistleblower complaint with Minnesota OSHA,” according to the MDL&I query.
Margaret (Molly) R. Ryan, partner at Meagher & Geer, attorneys at law P.L.L.P, Minneapolis has responded to that complaint and is recommending that the Department of Labor and Industry reject the complaint, according to a Greenwood Township official. Fire Department policy calls for the fire chief to appoint the department’s slate of officers and the town board accepts, or rejects the fire chief’s appointments. There is no explicit application process for fire department officers and the township rejects the idea that the appointment was retaliatory in any way.
The open position was posted internally by the fire department last autumn and Fire Chief Dave Fazio informed the Greenwood Board at its December meeting that his recommendation was to fill it by hiring Indihar. The fire department was supportive of this selection, and Indihar was a long-time veteran of the fire department, and one of its early founders, the Fire Chief told the board. Although he retired some six years ago before recently re-joining the department, Indihar has 27 years experience as a firefighter. Maus has served Greenwood Fire Department as an active member, Emergency Medical Responder, for 11 years. He served as a Captain in the department until that position was eliminated.
At its December meeting the Town board rejected a motion by Chairman Dr. John Bassing to hire Maus and instead voted 4-1 to approve the Chief’s recommendation of Indihar as the new Assistant Fire Chief. At that time township supervisors acknowledged that they were supportive of the Fire Chief’s recommendation, there was no reason to not accept the appointment and that “Mike Indihar’s 27 years of service speaks for itself.”
The current retaliation complaint is Maus’ second such complaint. In 2017 the Greenwood Town Board and the Minnesota Association of Townships Insurance Trust settled with Maus on a 2014 complaint alleging that his position as Captain, in the Greenwood Fire Department, was eliminated because he had made a Minnesota OSHA safety complaint. Others in the fire department reject Maus’ retaliation claim, and one former firefighter recently wrote, in The News, that Maus could have solved any safety concerns through his tenure as Captain.
The township paid $12,000 and the insurance trust paid $4,000 towards the $18,000 settlement. The settlement was offered to conclude the issue and avoid further expensive litigation.
Jeff Maus declined The Tower News’ offer to make comment on his complaint, however he is quoted in the Ely press as stating, “I am not suing the township. OSHA is investigating my claim of retaliation.”
Correction:
I was incorrect when I stated “There is no explicit application process for fire department officer … ” The Standard Operating Guidelines for Greenwood Township explicitly states:
“For the selection of Fire Chief a position posting shall be placed in the Fire Hall. To file for any officer position any applicant must submit an application outlining training history, education, meeting attendance, and call response. The Chief is to be approved by the Town Board of Supervisors’. The Chief has the right to appoint and provide background information (training history, education, meeting attendance, and call response) for the Assistant Chief, Safety/Training Officer, and Administrative Assistant with Town Board approval.
UPDATED: March 20, 2018