Skip to content

Civil suit underway for former West 麻豆精选 assistant fire chief

Kerry Klonteig is asking for $150,000 in damages as the civil suit continues
10166812_web1_Kerry-Klonteig-2007-EC

The decision to fire West 麻豆精选鈥檚 former assistant fire chief was 鈥渆motionally charged.鈥

Kerry Klonteig filed a civil claim against the City of West 麻豆精选 (formally District of West 麻豆精选) in 2014, asking for more than $150,000 in damages following what he deemed to be a hasty dismissal. The gist of his legal argument was that he was let go with little notice for 鈥渁n administrative driving prohibition,鈥 and it鈥檚 caused him significant hardship.

Final arguments are underway today in 麻豆精选 court in the case.

鈥淏ased on his qualifications, experience, age and the difficulty he will encounter in finding similar and alternate or alternative employment, a notice period of 18 months is appropriate,鈥 his lawyer Terry McCaffrey, wrote in a notice of claim.

鈥淥n or about Oct. 6 2013, the plaintiff (Klonteig), while off duty, drove the fire chief鈥檚 truck, a district fire department vehicle, to a restaurant and a casino where he consumed alcohol,鈥 the document reads.

鈥淎fter leaving the casino late at night, the plaintiff was pulled over by the RCMP at approximately 1:30 a.m. and was required to provide a breath or blood sample to measure his blood alcohol level, which the plaintiff advised the district he had failed.鈥

It鈥檚 alleged the sample taken read above .08 and the Mounties immediately seized Klonteig鈥檚 driver鈥檚 license and suspended his driving privileges for 90 days. They also as impounded the district vehicle.

The civil suit is now before B.C.鈥檚 Supreme Court in 麻豆精选.

McCaffrey gave his closing argument Friday, saying West 麻豆精选 fire chief Wayne Schnitzler and human resources manager Patty Tracy did not intend to dismiss Klonteig, but the decision came from CAO Jason Johnson.

He said Schnitzler was told to sign the termination letter from Johnson.

鈥淗e was fired because Mr. Johnson determined this was the way you protect the public and taxpayers in the district,鈥 said McCaffrey.

The district also did not give Klonteig a reference letter.

鈥淲hat this effectively did then, this manner of terminating Mr. Klonteig, it left potential future employers to then speculate what the real reasons were in why, in a career choice of being a firefighter, why would anybody voluntarily leave one department鈥 speculation, of course, is difficult if not impossible to control by an employee applying for a job,鈥 said McCaffrey.

鈥淭he CAO, Mr. Johnson, said this was a very serious matter, but he didn鈥檛 keep a single note, of a meeting, of a telephone call, of a discussion with council. Nothing. So we鈥檙e dealing with something that, as Ms. Tracy said, was 鈥榚motionally charged,鈥欌 he said.

McCaffrey pointed to the district鈥檚 policies, none of which Klonteig violated, he said.

鈥淏ecause the district was so new it had very few policies, the policies it did have, none of them have been said to apply to the circumstances,鈥 said McCaffrey. The fire department had its own practice for using the pickup trucks and Klonteig adhered to that practice.

The suit continues.

To report a typo, email: edit@kelownacapnews.com.

<>

@carliberry_
carli.berry@kelownacapnews.com

Like us on Facebook and follow us on Twitter.





(or ) document.head.appendChild(flippScript); window.flippxp = window.flippxp || {run: []}; window.flippxp.run.push(function() { window.flippxp.registerSlot("#flipp-ux-slot-ssdaw212", "Black Press Media Standard", 1281409, [312035]); }); }