Tensions rise over COVID-19 protocol

POMEROY–The Garfield County Commissioners (BOCC) received a letter from Garfield County Interim Fire Chief Kyle Pearson, dated April 5, 2020, in response to an official complaint made by Commissioner Justin Dixon on March 28, 2020, that an unpublicized special meeting had been conducted after the governor’s order prohibited face-to-face meetings by governmental entities.

Garfield County Fire Commissioners Terry John, Gary Bowles and Aaron Stallcop, joined by Garfield County Fire District Secretary Deanna (Deedee) Weymouth, Interim Fire Chief Kyle Pearson and Dr. Glenn Hauser, Medical Program Director and County Health Officer, made up a six-member interview panel, according to the complaint. Candidates from outside the county were individually interviewed, face-to-face, totaling seven people in the room at one time. According to Pearson’s letter, all individuals involved were given the option to attend the meeting remotely, but chose to attend in person. Physical distancing was practiced at all times, Pearson said in the letter.

As the special meeting was in progress, the Fire District received a phone call from Sheriff Drew Hyer, stating that he had received a complaint from Dixon that the Fire Commissioners were conducting a public meeting, in violation of the “stay-at-home” guidelines from the governor. The Fire Commissioners explained the “precautionary measures” they had in place, and that they had given all participants the option of attending remotely, and the Sheriff gave permission for the meeting to continue, the March 31 complaint letter indicated. Later, the Fire Commissioners received a visit from Garfield County Emergency Management Director John Hirsch, who also inquired to the nature of the gathering and which was again explained.

As discussed by the County Commissioners April 6, Dixon stated that he had two concerns about the meeting. First, the Fire District was in violation of the Open Public Meetings Act with a quorum of commissioners, which qualifies as a public meeting. There was no advance notice given to the public for the meeting.

In an April 5 letter to the County Commissioners, Pearson admitted that the Fire District was in error, but it was unintentional.

Dixon’s second concern was that the candidates were people brought in from outside the community. He felt strongly that, as elected officials, it was their responsibility to protect the community, and as “leading health care providers in the county” should set an example to follow restrictions put in place by the Governor.

In the March 31 complaint letter to the BOCC, Pearson claimed that Dixon contacted former Fire District employees to determine what kind of jurisdiction [Dixon] as a County Commissioner would have over the fire department. Pearson also stated that Dixon asked County Prosecutor Matt Newberg, to “draft a letter of non-compliance” due to the Public Meetings Act violation.

“He has gone to Matt Newberg to draft a letter of non-compliance due to how our interviews were held,” said Pearson in the March 31 letter. Pearson went on to assert that in response to actions taken by the GCFD on March 28, Dixon “appeared hostile in nature” and imposed his thoughts and opinions about what should happen in and with the fire department, but neglected to express it directly the board.

The County Commissioners responded to Pearson’s letter on April 9, 2020, stating Dixon was not acting on behalf of the Board of County Commissioners but rather as a concerned citizen with an understanding about the Open Public Meeting Act and that “the Fire District was conducting interviews while under a ‘stay at home and stay healthy’ declaration from the Governor,” as well as the Governor’s “recent declaration prohibiting in-person open public meetings.”

The BOCC letter stated “…as a fellow local governmental official, he [Dixon] was aware that conducting interviews with a quorum of the Fire District Commissioners present would be contrary to the Governor’s recent declaration prohibiting in-person open public meetings.”

They stated further that Dixon acted on his own behalf when he contacted “those agencies which he thought were appropriate to handle such a concern.”

Both the Fire District and the County Commissioners have said they want to continue a “respectful working relationship” between the two entities and find it critical to “take appropriate actions to keep our community safe.”