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Email Megan Email Shayla Browse & Buy: Announcements Apartments & Rentals Automotive Employment Farmer's Market Financial Legals Merchandise for Sale Real Estate for Sale Recreational Call A Pro Page 1 Call A Pro Page 2 MARKETPLACE ABC Auto Glass SUBSCRIBER CENTER Contact the Ledger Dispatch Subscribe Today COMMUNITY LINKS California Highway Patrol Traffic Info Page City of Jackson Jackson Police Department City of Amador Amador County Chamber of Commerce Amador Superior Court City of Plymouth Amador County Caltrans Road Conditions HomeTown Radio City of Ione Amador County Sheriff City of Sutter Creek CLICK GALLERIES Click — July 14, 2009 April Click Submissions Click - March 25, 2008 Click - March 18, 2008 Click - March 11, 2008 Click — February 19, 2008 More Click Galleries E-mail this article to a friend | Printer friendly format No CAL FIRE negligence in Jackson Valley, agency declares Friday, July 17, 2009 By Roger Phelps State fire officials have rejected Amador County Grand Jury reports that they negligently ignored the alleged intoxication at fire scenes of a Jackson Valley fire chief. Both the naming of a state agency by a county grand jury and the response, which is voluntary in the state's case, are unusual. "The grand jury is pleased that CAL FIRE took the opportunity to respond to our findings," said jury Foreman Vince Murdock. "Nothing in the penal code mandates that state agencies respond. We are disappointed they don't see any value in our recommendations." The Jackson Valley Fire District and personnel from the California Department of Forestry and Fire Protection often answer the same fire calls in the Ione area, along with personnel from Ione Fire Department. Grand jurors charged that both CAL FIRE and Ione personnel failed to act on observations of a JVFD chief arriving drunk to fire scenes. Jurors charged that the chief's alleged intoxication and failure by others - including CAL FIRE officials - to stop it when it was observed amounted to an endangering of public safety. "CAL FIRE has no 'power to correct this issue,'" state officials wrote to the county. The agency listed various reasons it held itself powerless in the situation. "No CAL FIRE employee had first-hand knowledge of any objective signs of the chief being under the influence of alcohol while responding to a call," officials wrote. Substance-abuse testing can only occur where there are articulable facts constituting 'reasonable suspicion.'" The grand jury report noted that while one or more firefighters had tried with no success to involve the California Highway Patrol, alleging drunk driving by the JVFD chief, it remained true that no more senior officials, such as CAL FIRE officials and the Ione fire chief, had notified police. The report suggests the possibility that the firefighter or firefighters told CAL FIRE officials what they'd observed and asked for help. "Without first-hand observation of objective signs and symptoms of alcohol impairment, telling a law-enforcement official of the reported conversations would have no immediate 'corrective' result, since the law-enforcement official has an even higher standard, that of probable cause," fire officials wrote. CAL FIRE also cited protocol in denying it had been negligent. "In addition, since CAL FIRE does not employ the chief or have any supervisory power over him, CAL FIRE cannot take any kind of personnel action against the chief," the agency wrote. "Only if the chief were present on a CAL FIRE incident for which CAL FIRE was the supervisor of the chief's fire-district personnel and observed, first-hand, actions by the chief which might impair operations or place personnel at risk could CAL FIRE staff order the chief removed from the incident. The grand jury report does not state any facts to suggest such circumstances have occurred and CAL FIRE is not aware of any such circumstances." The report calls for the removal from office of the fire chief and the chairman of the Jackson Valley Fire District governing board. It does not refer by name to the persons who hold those jobs. The fire chief's position is held by Thom Reed. The board chairman's position is held by Jake Herfel. A grand-jury recommendation is that personnel from a slew of safety agencies, including CAL FIRE, attend ethics-training sessions. State officials rejected that, as well. "(It) will not be implemented by CAL FIRE because it is not warranted," state officials wrote. "CAL FIRE already has a pre-existing ethics-training element in place for its employees, which all employees are required to attend." Battalion Chief Brian Kirk said agency officials believed a voluntary response was "the right thing to do." Roger Phelps COMMENTS ON THIS ARTICLE No comments have been posted in the last 15 days! 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