Nickels says chief did not retaliate against Fire Department whistleblower

Seattle Fire Chief Greg Dean did not retaliate against a whistleblower by demoting him, Mayor Greg Nickels said today.

Nickels hired a private lawyer to investigate claims by one of the Fire Department's highest- ranking officers, Jim Woodbury, that he was demoted after he complained to city ethics watchdogs about wrongdoing in the department.

That lawyer, Marcella Fleming Reed, concluded that Woodbury's demotion was not retaliatory. Reed said the demotion was recommended by assistant chiefs in the department for "business reasons." She said the assistant chiefs did not know about Woodbury's whistleblower complaint.

Nonetheless, Nickels announced five Fire Department reforms related to Woodbury's complaint and the ethics investigation it prompted.

Reforms call for moving some financial accounting from the Fire Department to the city's Department of Executive Administration. They also call for rotating employees through positions in the Fire Marshal's Office as a way to avoid potential ethical problems.

Woodbury's lawyer, Jack Sheridan, said he was "extremely disappointed" in the mayor's conclusions.

"We think the investigation was biased and inadequate," said Sheridan, adding that he plans to sue the city if it does not restore Woodbury to deputy chief and compensate him for financial losses from the demotion.

Woodbury filed a whistleblower complaint last year alleging that Lt. Milt Footer had failed to bill the owners of the Seattle Seahawks almost $200,000 for fire services at Qwest Field; Footer also had demanded a backstage pass to a Hannah Montana concert for his fiancee.

The Seattle Ethics and Elections Commission substantiated the details of Woodbury's complaint last month, and concluded that Dean did not sufficiently discipline Footer, who received only verbal counseling for his ethics violations.

Woodbury filed his complaint in October. In January, Dean demoted the 22-year department veteran from deputy chief to battalion chief. Woodbury said his pay was cut 22 percent in the demotion.

Dean attributed the move to budgetary belt-tightening. In response to the retaliation investigation, Dean issued a written statement saying reviews of the department in recent months had raised legitimate concerns.

"My goal remains to treat everyone fairly and with respect," Dean said.

The mayor's office has hired another private lawyer to separately investigate if Dean appropriately disciplined Footer, a member of the Fire Marshal's Office, and others.

Bob Young: 206-464-2174 or byoung@seattletimes.com