POULSBO — The Poulsbo Fire Department is working to put out a blaze of its own after former battalion chief of operations Jeff Cowan, filed suit Dec. 13, 2006, claiming he was wrongfully terminated from his position.
Cowan was initially laid off in August 2005 after the department was reorganized. His position, as well as the battalion chief of administration position, was eliminated and replaced with deputy chief of operations and deputy chief of administration, said Fire District No. 18 attorney Bob Hawkinson.
The reorganization began in 2004, and both Cowan, and current deputy chief of administration Tom Huddleston, who retained his position, were notified of the potential layoff.
“Chiefs Huddleston and Cowan signed contracts on Jan. 1, 2005 that were for three years, I believe,” Hawkinson said. “Within the contract, it said that if there was an organizational change, they would both be laid off. Essentially, that’s what happened … Ultimately, Deputy Chief Huddleston was rehired.”
But the timing of Cowan’s departure is being disputed by his attorney Ed Wolfe of the Bremerton-based Wolfe Law Offices, because the layoff coincided with a notice of claim filed on May 19, 2005 by former PFD public information officer Michele Jennings. Jennings claimed that while employed by the department she had been sexually harassed and was forced to work in a hostile environment because of Cowan.
Hawkinson countered this idea.
“Ms. Jennings was hired in 2003, and her direct supervisor was then-Battalion Chief Huddleston,” he said. “Cowan’s layoff had nothing to do with the notice of claim Ms. Jennings filed. He was laid off because of the department being reorganized.”
But Wolfe argues the layoff was a cover to essentially fire Cowan from his position after Jennings filed her notice of claim. With more than 20 years of experience, working his way up from a paramedic and firefighter, Wolfe said Cowan was more than qualified to be rehired for deputy chief of operations.
“They added a new position almost identical to the position he held,” Wolfe said. “The reorganization was bogus, clearly. They were asking for the exact same credentials as what Mr. Cowan had, but they offered him a paramedic position instead. It was pretty humiliating.”
The lawsuit includes a breach of contract claim, an invasion of privacy claim and an unlawful termination claim, Wolfe said. The invasion of privacy grew from a memo, that had information about a verbal counseling stemming from Jennings’ reports of a hostile work environment, given to the Bremerton Sun after a public records request.
“In 2005, I’m guessing, the Kitsap Sun made a public document request,” Hawkinson said. “The memo was a part of the documents. Usually documents that are personal are exempt from such requests. This wasn’t the case, the issues were about employment. The memo was also heavily redacted, or blacked out. Through his attorney, Cowan could have protected the document. He decided not to protect it.”
Wolfe said he will carry the case all the way through to court if necessary to satisfy the claims laid out in the lawsuit. No court date has been set yet, he added.
“I don’t take a case unless from day one I’m prepared to take it all the way to court,” Wolfe said. “We are moving forward right now. We will take this all the way.”
Wolfe declined to give information about restitution sought, though he did say there will certainly be monetary damages and a tort claim, or a civil claim, was filed 60 days before the lawsuit for $2 million. Cowan now works for North Mason Fire District No. 5 as an assistant chief.
