Salem Lakes Fire Commission hearings regarding complaints against Salem Lakes Fire/Rescue Chief James Lejcar and fire marshal Steve Ptaszynski set to take place this week will not happen.
Attorney J. Michael McTernan, who represents two clients — Auto Truck Equipment and Wilmot Stage Stop — who filed complaints against Lejcar and Ptaszynski, said he asked for the hearings to be adjourned while the village decides how to resolve the issue in light of a report from a third party consultant the village hired to analyze the issue.
That report, McTernan said during citizens comments at a Village Board meeting Monday, largely exonerates his clients and finds the fire department has been attempting to enforce regulations that were not part of the fire code. In light of that, he asked for an adjournment of the hearings.
Now, his clients are waiting for the village to decide what step to take next, McTernan said.
What the next step might be and who takes it is not clear, village President Rita Bucur said. In addition to the report referenced by McTernan, the Village Board has commissioned an investigation of the fire department that is not complete.
Who would make any decision on the matter — the board or the commission — or a timeline is also not known to her, Bucur said.
If his clients are not satisfied with the village’s resolution, the complaint process before the commission that produced the hearings could be restarted, McTernan said.
The fire commission decided in July the complaints from ATE and Stage Stop were sufficient for a hearing. Commissioners also hired attorney John Fuchs to run the hearings and deliver to the commission an opinion of the proceedings the commissioners would use to decide what action if any needed to be taken.
The open to the public hearings, which would have had testimony much like a trial, were scheduled to take place this week Tuesday, Wednesday, Thursday, Friday and possibly Saturday.
Fire commissions in Wisconsin are empowered by state statute to conduct or approve hiring for municipal fire departments as well as appoint, suspend or remove a chief among other duties.
In a related matter, the Village Board voted Monday to not pay legal fees or provide counsel for Lejcar and Ptaszynski related to the complaints that triggered the hearings.
Attorneys hired by Lejcar and Ptaszynski argued the village should pay legal fees incurred in the process or provide counsel for the employees.
However recently hired village attorney Remzy Bitar said his reading of state statues gives the village the option to provide counsel, but does not require it. In developing his opinion, Bitar also talked to other attorneys in his firm and with attorneys representing other municipalities, he said.
Bitar added his reading of the village’s insurance policies made it unlikely such costs would be recoverable through insurance.
Motions to deny the requests of Lejcar’s attorney and Ptaszynski’s attorney for the village to pay legal fees or provide counsel were approved in unanimous votes with all present and Trustee Bill Barhyte, a member of the fire department, abstaining.
