Fire 12 investigation, appointment draws criticism

Independent report doesn’t address nepotism

Matt Baide | Jun 29, 20230

Mason County Fire District 12 in Matlock received community pushback after the release of a report on the results of an internal investigation and the appointment of Cinda Compton to the commission.

During community comments at the Fire 12 regular meeting June 20, some residents spoke up against the findings of the investigation.

“It appeared to me that it was more of a prosecution defense report, not really an investigation,” a resident said during the meeting. “I didn’t see any benefit to the fire district at all from this or to the community for the cost of all this money that was spent on it so I have real concerns about why this investigation was done since the fire department isn’t really being prosecuted for anything. And the fact that the fire department owns the rights to that document, the defense of it, unless everyone who participated reimburses the fire department, that should not be able to be used in anyone’s future prosecution, if that ever comes to fruition. I thought it was done inadequately and I stand with the state auditor’s report 100%.”

“I thought it was pretty inadequate,” another resident said during the meeting. “I didn’t see that the people who were interviewed were under oath, they didn’t ask questions of the other side to verify whether their answers were correct. And also, they appeared to have interviewed four volunteer firefighters. I had asked repeatedly in writing, in emails and verbally at these meetings for the names of the volunteer firefighters and I’ve always been told you can’t give out those names and in fact, at one meeting, I think Buck, you stated that you couldn’t really remember how many but there was somewhere between 10 and 15 volunteer firefighters but in that report, there were only four listed.”

“It appears that whatever it was, whether it was an investigation or whatever it was, was not current,” another resident said during the meeting. “It was kind of old.”

The 26-page investigation report by recently deceased attorney Thomas G. Burke addresses the state Auditor’s Office Accountability Audit and Fraud Investigation reports. In the beginning of the report, Burke states as a disclaimer that the investigation was materially hampered by publicity.

“People did not want to ‘get involved’ in such a contentious situation. For example, one aspect of the allegations involved payments from the local school district to the district for providing paramedics to stand by at the local football games in case of injury to the players,” the report states. “My office contacted the local school district to request records and arrange an interview of the school officials involved. That official ‘did not want to get involved’ and refused to either provide any records or discuss the matter with me.”

The report states that in the course of the investigation, Burke requested several items from former Fire Chief Kelli Walsworth, but that the district “simply did not provide me with the source information that I requested to support their claims of good faith and district-related function, such as call logs for fire and medic responses.”

“I requested base information on several occasions, but was provided with summaries of the charges or times involved. The “support” information I did receive is in the attached computer files,” the report states. “I do not know whether this was an ‘unwilling or unable’ situation, but (as noted below) the volunteer stipend of $10 per call is dependent on the number of calls involved. I asked for copies of the log/call sheets, did not get them, and then was asked by the District ‘if I got everything?’ I am unwilling to assign any misconduct/bad faith to this lack of response, but simply could not go forward without it. My observations and conclusions are based on the information that I did receive, and reasonable inferences drawn from that information. I cannot make a finding based on incomplete or missing information. For that reason, I have made findings on what I believe to be sufficient information, but there are issues that I simply cannot address without additional information. I have attempted to separate those issues, but would be happy to provide a supplement if you wish.”

The report contains witness interviews from several people, including mechanic Jeff Oien, volunteer firefighter and commission candidate Jennifer Jutson and recently appointed commissioner and volunteer firefighter Cinda Compton. Volunteer firefighters Isaiah Compton and Liam Vaughn, and former volunteer firefighter Chris Stamper were also interviewed.

Former district secretary Brenda Wilder, who is commissioner Albert “Buck” Wilder’s wife, was also interviewed.

Burke’s investigation addresses credit card charges identified in the state auditor’s report, including credit card charges for a big screen television, flooring materials, iPad equipment, iWatch and iPhone equipment and accessories, computer and iPhone covers, clothing items, a coffee warmer, laptop computer carrier, miscellaneous coloring books and crayons, and miscellaneous snack foods are all not substantiated, based on the material, interviews and documents obtained during the investigation.

In the instance of the iPhone covers, it is stated that a “puppy” themed cover is an “informal inventory control strategy.” The report states that the odd and juvenile-themed and colored phone covers make it easier for volunteers to keep track of equipment on scene.

“In that if a volunteer observes a person at a response scene walking away with a cellphone that has a ‘puppy’ themed cover, they would stop the person and check out the phone,” the report states. “There was no allegation that the covers had been for private, personal use.”

Some credit card purchases had no finding due to a lack of data, including clothing and home goods store purchases, QVC purchases, all charges and payments regarding Verizon phone services, four boxes of chips, a wireless charging stand for cellphones, among others.

“Subpoena support showed personal household item purchases. The district does not have any living facilities, so no business purpose for personal bedding and home décor,” according to the internal investigation. “It is not common for district purchases to be shipped to personal residences. Vendor, high-dollar amount and shipping direct to personal residence indicates high likelihood this is a personal purchase,” another section of the report states in regard to a PayPal purchase with a shipping address to a personal residence.

The report addressed payroll and vehicle maintenance allegations about Albert Wilder. The report states no forms are on file to support the maintenance and repairs.

“I was informed by the commissioner that he kept track of his time spent in his personal notebook,” the report states. “The certified mechanic did not keep separate records. I was informed that it had been “decided” sometime in the past the mechanic was to be paid $80/hr. for his service and the commissioner would be paid $40/hr. for his services in maintaining and repairing the apparatus. I was not provided any written resolution or policy to document the fact.”

At the June 20 meeting, Wilder said the investigation “speaks for itself.”

“The report’s out, don’t know what else to say,” Wilder said at the June 20 meeting. “The auditor recommended their findings be investigated and an attorney was hired to investigate it and there’s your findings. It’s all in the auditor’s report, it’s all in the investigative report. So that’s where the investigation is.”

Attorney Brian Snure stated Burke’s services were retained Sept. 12, prior to the release of the state auditor’s reports.

When asked about the appearance of nepotism in the state auditor’s report, Snure said Burke was asked to investigate allegations of fraud and misappropriation alleged by the state auditor.

“He was not tasked with investigating the auditor’s concerns with nepotism,” Snure wrote in an email. “Although I cannot ask Mr. Burke to confirm, to my knowledge he did not ask questions about nepotism.”

Snure said Burke communicated with the state Auditor’s Office to obtain records under the state’s Public Records Act, but did not have further discussions with the Auditor’s Office.

The full report can be viewed at http://www.mason12.com.

Compton still on primary ballot

Two people applied for the commission seat vacated by John Pais, who resigned June 9 at a special meeting.

The commissioners made a motion to appoint Compton to the position, but they did not take an official vote at the June 20 meeting. After the nomination, bickering between the commissioners and the audience ensued, and at one point, Commissioner Brian Jutson said to “call the cops.” The audience can be heard saying “You’re not appointing the most qualified person.”

Before taking a vote on the appointment of Compton, Wilder made a motion to adjourn the meeting, but commissioners did not vote to adjourn the meeting. Following a back-and-forth between the audience and the commissioners, Wilder and former chief Mike Brown argued about the process of appointing a new commissioner.

“Everything we’ve done, Mike, we’ve went through the attorney, Mike, so stop,” Wilder said.

Wilder and Jutson claimed they had the vote June 20, but the commissioners called a special meeting June 22 to officially appoint Cinda Compton to the commission.

“Last meeting, a motion was made and seconded, but there was confusion whether it was approved or not,” Wilder said at the June 22 meeting.

Compton is one of three candidates in the August primary election for commissioner Wilder’s seat.

Wilder has decided not to run for re-election.

“We at the (Mason County) Auditor’s Office are aware (unofficially) of Cinda Compton’s appointment Fire District 12 Position 1 following Commissioner John Pais’ resignation,” Mason County Auditor Steve Duenkel wrote to the Journal in an email. “Cinda Compton will be on the August 2023 primary ballot for Fire District 12 Position 2 regardless of this appointment. Ballots have been printed.”

If Compton were to have enough votes to move onto the general election, it is unclear how the commission would move forward with one of the general election candidates already on the commission.

The next Fire District 12 meeting is scheduled for 2 p.m. July 18 in Matlock.