BRENHAM FIRE CHIEF SEEKING POTENTIAL LEGAL ACTION AGAINST CITY

  

Brenham Fire Chief Ricky Boeker is preparing to take possible legal action against the City of Brenham.

Brenham Fire Chief Ricky Boeker speaks to Brenham City Councilmembers at a meeting in December 2017.

City Manager James Fisher informed KWHI that Boeker has retained legal counsel with the intent of taking action against the city.  Boeker confirmed that he is being represented by Andrew Scott with Gordon Rees Scully Mansukhani, LLP out of Houston.

This comes after Boeker was informed on March 15th that the city would be moving in a different direction with leadership and pursuing early retirement options with him.  Boeker’s daughter, Amanda Landry, released a statement Saturday explaining the situation from her perspective, while Fisher put out a statement Monday giving his reasoning for the city’s decision.

Landry says Fisher did not give a specific reason for the city’s decision to move on from Boeker, and believes Boeker did not get the “fairy tale ending” he deserves after over 30 years of service with the fire department.  Meanwhile, Fisher says “critical issues” surrounding fire department operations were brought up with Boeker several times during discussions with him over the past few years, and feels the fire department needed a new leader to “move the department forward to meet the expectations of a growing community.”

City Manager James Fisher speaks at the Brenham City Council's meeting on February 4th.

KWHI provided a list of questions to Fisher on Monday in response to a memo sent to Boeker on March 15th, detailing Boeker’s annual review.  Specifically, KWHI asked when Boeker was informed of the city’s intent to move on, if Fisher is seeking to add more paid firefighters to staff, what forms of training exercises are done for city firefighters, if funding to replace several Self Contained Breathing Apparatus (SCBA) tanks was requested by the fire department but not included in the city’s final budget, and who is the source of two quotes he references in the memo that say “If downtown catches fire, we will set up defensive position and watch it burn, trying to prevent it from spreading” and “we are a one incident department.”

While Boeker was able to answer our question on when he was notified by the city of its intentions, Fisher said that as Boeker is seeking legal action, the city “will have no further comment regarding this issue.”  KWHI does not believe the answers to these questions should be withheld for legality reasons, and contacted City Attorney Cary Bovey for clarification.

Update @ 6:35 a.m. Wednesday:  Bovey said once the city received the notice of representation from Boeker’s attorney Monday afternoon, he advised the city manager and other city officials to “not comment any further about this matter, either directly or indirectly,” for the purpose of protecting client interests.  KWHI has asked the city for the contents of Boeker’s personnel file, as most of it is considered public information.

KWHI has also reached out to Gordon Rees Scully Mansukhani to obtain any court documents if and when they are filed.

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20 Comments

  1. As a manager for a $25 million dollar division of a Fortune 100 company I know being a manager is hard. But you can treat people the right way and not bully people into fearing for their jobs. It seems to me James Fisher needs to be replaced. In the many years I have lead my team we have never been sued. Being a manager is not a popularity contest, that is true. But being a manger who supports and helps his teams is what a good manager does. Maybe its time I look into being a city manger who treats folks and businesses the way people should be treated and not with the threat of losing your job!

  2. Good for you Chief Boeker. Brenham stands with you, time for Fisher to leave! Time for new city Council members and mayor too!! Boeker for mayor has a good ring to it!

    1. It’s all about The Mighty Dollar, on both sides if they both were not paid big bucks, everything would be fine

  3. As soon as I got my twenty in I left the city due to the tyrant city management and tyrant directors. I knew I wanted out since the management style is to instill fear of losing your job into its employees. I enjoyed my coworkers and did not want to abandon ship. I’m glad I left when I did, it was an unhealthy work environment at the city of Brenham I had to leave.

  4. Enough is enough. People want to start a go fund me page? When you hire on with a City or a County, you should know your job is not always guaranteed. And when you sign on as a Chief, whether fire or police it is not guaranteed for life. People are all going nut’s over this. When a new Sheriff was elected eight or so years ago, he did not re hire a lot of people and decided to bring in new people. Yes these deputies that lost their jobs were mad, and most couldn’t retire yet. But they sucked it up and went on there way. There were no attorneys for these people There was no severance pay or insurance. they had families and homes to pay for. But there was not an up roar like this. This is getting ridiculous. When the chief was put in as chief a long time ago, there was a chief before him. The old chief was voted out back then by volunteer firefighters. That was when the chief was a non paid chief. I do not remember people doing a go fund me page for him. Chief Boeker is a nice guy and made a good salary, but there is no such thing as job security, in this world anymore, Quit with the go fund me page for a man making one hundred thousand a year. Yes I feel sorry for him, and wish him the best of luck. But no to the go fund me thing. I have my stimulus planned for me and my family.

    1. I agree, Fire Chief’s have about 10-12 year job expectancy, not a life time. The longer a fire chief is in the position, the more complacent he gets with the job. They get the attitude of “I like my job” “I don’t want to rock the boat”and not willing to change. It’s been done this way since 1867, why change. In reality, Brenham is growing, and there is a need for a fire chief that is progressive in thinking and have the want to stay ahead of the growth. I think that the fire department hasn’t grown, because anything larger than what it is now would be way over the head of the Chief’s experience and training. In the past, there was a department wide evaluation of the chief that didn’t set so well with the chief, and the department was never given the results of this evaluation. Ask the paid and volunteer members, the majority will say they are ready for a change. Also, the Chief is so far disconnected from the paid staff, that he has no idea of what is needed by them. Most of the paid staff’s training far exceeds the training of the Chief, if you question that, have a look on Texas Commission on Fire Protection’s website. The Chief has never stayed one night in the fire station, he has only responded to calls in a fire truck a handful of times. What Brenham Fire Department needs is a leader that has been in the trenches, has worked his way up the ranks, not a “good ol’boy”, has worked in a combination dept, and knows how to move the Brenham Fire Department in to the future.

    2. I see where they’re coming from though on GoFundMe.

      Lawyers are not cheap and that $100,00/year job (high estimate FTR) is what he’s about to lose… but why?

      If I recall the “fired” deputies were going to be due to some issues going on with the jail or quit. For the most part – it was SORELY needed.

      The Chief prior to Boeker wouldn’t have a GoFundMe page because said program wasn’t around back then.

      There is more to this than job security: I know for a FACT Fisher has been in Brenham 2 years, maybe 3.

      Why? He Wasn’t the CM when I lived there.

      Chief has been there now 14 years… longer as a firefighter.

      Issues like the ones being addressed don’t just occur in two years.

      Seriously: it’s AWFULLY ODD that supposedly Chief – who is not perfect nor is anyone – NOW has issues…

      But not addressed 14 years prior?

      Usually when someone is being pushed to retire early – it means one of two things:

      A. Person doing the firing doesn’t want the person to get the TRMS benefits.

      B. Person doing the firing has a favored lined up to take the position and the other is a “hindrance.”

      How do I know? – I’ve been a victim of the second a few times.

      There’s more to this and what I’ve gotten from Chief during my years there was he’d not sure unless a very good reason.

  5. Like any good manager, Mr.Fischer has his documentation to back up his action. Performance reviews are just that, a review of an employees job performance. In those reviews it is made clear that improvement is expected. A follow up later examines the results and another demand is issued. If the changes are not made, then management has no choice but to replace. Sometimes the employee is asked to reduce staff thru the same process, a difficult task. But being a manager or department head is not a popularity contest.
    A lawsuit will yield nothing but profits for attorneys and an expense for city taxpayers. Brenhamites must make up their minds, do they want a little town that stagnates and shrivels, or better jobs, housing, and retail conveniences. You can’t have both. With growth, the good ole boy system must make way for efficiency. Poor performance cannot be condoned or tolerated at the taxpayers expense.

    1. You are correct that documentation of previous reviews and instructions should be in the Fire Chief’s employment file. KWHI has requested a copy of that file (as the City Attorney told us it was public information) in order to substantiate the City Manager’s statement.

  6. The recent events relating to the longtime fire chief are part of a bigger pattern. The city manager model followed by Brenham gives a great deal of autonomous power to the manager, to make huge decisions with zero input or comment or media attention from the Mayor or City Council. It establishes an “us versus them” situation because the public cannot expect to have any way to petition their government directly . The manager is an unelected employee and may or may not choose to meet with a citizen. If that citizen pursues an issue with the Mayor, the answer will be that this is a decision made by the manager. What used to be called “the run-around” becomes a smooth and glossy policy, cutting out the average taxpayer. Please encourage the Spectator to look into the sad and avoidable fire chief saga. It’s part of a staggering number of incidents where the city citizens feel that their voices are not heard, their opinions don’t matter and their right to address their local government is being minimized. Someone needs to clarify this situation, and the media is our only chance at the moment.

    1. This will be the second lawsuit in just a few months. This does not seem normal to me for a town our size. If it is true that the city manager has not met with fire officials (volunteer or paid) , that is something that everyone in Brenham should be worried and concerned about. Of it could happen to them, it could happen to you.

  7. Praying for Chief Boeker , he is a wonderful man , a amazing fire chief ,and Brenham was so blessed to have him ! He has a wonderful family, and I pray and hope the very best for him , #KEEP CHIEFBOEKER

  8. This harsh treatment is not an isolated case to this one Brenham employee. Many employees have had to endure harsh treatment. The management has hired and trained his assistants, directors, to act as his cronyism narcissistic dictators, creating harsh and overbearing working conditions and personal stress on dedicated city employees. It is time for city council to know the truth about dedicated city employees and the injustices that have been unjustly slammed city employees. An independent needs to investigate and report directly to city council without existing corruptive interference from present managers and present directors.

    1. Our company quit working with the city and county because the decision that were made about our contract they made and then did not inforce.i fell bad for him and feel like we are in for more lawsuits.we just had one here we go again.

  9. Good Luck Chief! I agree with a go fund me account. I would certainly donate. I would include a clause that fisher resigns then sue him personally!

  10. And how many lawsuits is this on Fischer’s watch???? And he is best man to lead Brenham how????

      1. Couldn’t have said it better. We are going to watch this precious diamond of a town get used up by good ol boys. Just like the sham with the “Big” trash and recycle deal the major sneaked through.

  11. His family needs to start a Gofundme account so we (concerned citizens) can contribute to his legal expenses.

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