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Published: Saturday, October 17, 2009

Fire officer focus of conflict

A firefighter’s union says Mukilteo’s assistant fire chief shouldn’t serve on Fire District 1’s board of commissioners.

MUKILTEO — Union leaders are accusing Mukilteo’s assistant fire chief of a conflict of interest because he also serves on the Board of Commissioners for Snohomish County Fire District 1.

They say Brian McMahan should step down from the fire commission.

“Our concern is that at the end of the day, Mr. McMahan is not always working in the best interest of Fire District 1,” said Scott Hamilton, one of the district’s firefighters and president of Local 1997 of the International Association of Firefighters. “Whose side of the fence is he standing on and who’s best interest is he really advocating for?”

The controversy is rooted in disputes over who should provide fire service in a rapidly growing area of Snohomish County. Leaders at the fire district and the city of Mukilteo have sharp disagreements.

McMahan has been a fire district commissioner since 1997. He’ll complete his second six-year term at the end of the year and is running for re-election against Mike Johnson.

A five-member board of commissioners oversees the fire district, which serves about 150,000 people and has a $32 million annual budget.

McMahan, who’s been Mukilteo’s assistant fire chief since November 2008, said there’s no conflict of interest. Since 2002 he hasn’t participated in direct negotiations between the fire district and city — years before he joined the Mukilteo Fire Department.

“It’s not that I haven’t negotiated,” he said, “it’s that I haven’t negotiated since I became assistant fire chief.”

The fire district provides firefighting and emergency medical services in unincorporated south Snohomish County and by contract to the cities of Brier and Mountlake Terrace. It is negotiating with Edmonds to provide service there.

Mukilteo has its own fire department.

Similar negotiations with Mukilteo, last held in 2008, ended because Mayor Joe Marine said it would have cost the city more to have the fire district provide service.

Since then, the fire district has challenged Mukilteo’s proposed annexation in court.

Hamilton said the union’s lawyer, Mitch Cogdill, told union officials that McMahan’s dual roles conflict.

However, in a January memo to the board, fire district attorney Rich Davis wrote that McMahan’s two positions were not incompatible.

“In our view … we do not believe either of those offices would be incompatible with the Office of Commissioner for Snohomish Fire District 1,” the memo said.

If, however, someone successfully sued the district to force the issue, McMahan would have to step down from one of his positions, Davis wrote.

In the same memo, Davis wrote that former commissioner Larry Hadland, a Lynnwood Fire Department paramedic, could serve on the commission and as a Lynnwood paramedic with no conflict of interest.

Hadland resigned from the commission in August after Lynnwood annexed his neighborhood.

The fire district last month asked Davis to take another look at the issue after a request by the 147-member firefighters union, said Leslie Hynes, the district spokeswoman.

“That process is ongoing and it wouldn’t be appropriate for the attorney to comment until that process is complete,” she said.

Hamilton first raised the issue publicly during a Sept. 17 fire district board meeting. He said union officials asked for Davis’ input because they wanted another opinion, especially because McMahan, in his role as assistant fire chief, negotiated an agreement to share services between Lynnwood and Mukilteo.

Mukilteo’s City Council approved that agreement in July.

Commission chairman Jim Kenny said he thinks McMahan’s dual roles are in conflict.

“With Brian being the assistant fire chief, that’s a high-level position,” he said. “If he’s both commissioner and assistant chief, when he’s talking about annexations, who does he represent, his employer or the district?”

McMahan said he has no intention, for now, of leaving either post.

“Is the expectation going to be that I change my employer?” McMahan asked. “The last two times at the polls, the people elected me to serve.”



Oscar Halpert: 425-339-3429, ohalpert@heraldnet.com.

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