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Civil suit underway for former West Kelowna assistant fire chief

Kerry Klonteig is asking for $150,000 in damages as the civil suit continues
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The decision to fire West Kelowna91裸聊视频檚 former assistant fire chief was 91裸聊视频渆motionally charged.91裸聊视频

Kerry Klonteig filed a civil claim against the City of West Kelowna (formally District of West Kelowna) in 2014, asking for more than $150,000 in damages following what he deemed to be a hasty dismissal. The gist of his legal argument was that he was let go with little notice for 91裸聊视频渁n administrative driving prohibition,91裸聊视频 and it91裸聊视频檚 caused him significant hardship.

Final arguments are underway today in Kelowna court in the case.

91裸聊视频淏ased on his qualifications, experience, age and the difficulty he will encounter in finding similar and alternate or alternative employment, a notice period of 18 months is appropriate,91裸聊视频 his lawyer Terry McCaffrey, wrote in a notice of claim.

91裸聊视频淥n or about Oct. 6 2013, the plaintiff (Klonteig), while off duty, drove the fire chief91裸聊视频檚 truck, a district fire department vehicle, to a restaurant and a casino where he consumed alcohol,91裸聊视频 the document reads.

91裸聊视频淎fter leaving the casino late at night, the plaintiff was pulled over by the RCMP at approximately 1:30 a.m. and was required to provide a breath or blood sample to measure his blood alcohol level, which the plaintiff advised the district he had failed.91裸聊视频

It91裸聊视频檚 alleged the sample taken read above .08 and the Mounties immediately seized Klonteig91裸聊视频檚 driver91裸聊视频檚 license and suspended his driving privileges for 90 days. They also as impounded the district vehicle.

The civil suit is now before B.C.91裸聊视频檚 Supreme Court in Kelowna.

McCaffrey gave his closing argument Friday, saying West Kelowna fire chief Wayne Schnitzler and human resources manager Patty Tracy did not intend to dismiss Klonteig, but the decision came from CAO Jason Johnson.

He said Schnitzler was told to sign the termination letter from Johnson.

91裸聊视频淗e was fired because Mr. Johnson determined this was the way you protect the public and taxpayers in the district,91裸聊视频 said McCaffrey.

The district also did not give Klonteig a reference letter.

91裸聊视频淲hat this effectively did then, this manner of terminating Mr. Klonteig, it left potential future employers to then speculate what the real reasons were in why, in a career choice of being a firefighter, why would anybody voluntarily leave one department91裸聊视频 speculation, of course, is difficult if not impossible to control by an employee applying for a job,91裸聊视频 said McCaffrey.

91裸聊视频淭he CAO, Mr. Johnson, said this was a very serious matter, but he didn91裸聊视频檛 keep a single note, of a meeting, of a telephone call, of a discussion with council. Nothing. So we91裸聊视频檙e dealing with something that, as Ms. Tracy said, was 91裸聊视频榚motionally charged,91裸聊视频91裸聊视频 he said.

McCaffrey pointed to the district91裸聊视频檚 policies, none of which Klonteig violated, he said.

91裸聊视频淏ecause the district was so new it had very few policies, the policies it did have, none of them have been said to apply to the circumstances,91裸聊视频 said McCaffrey. The fire department had its own practice for using the pickup trucks and Klonteig adhered to that practice.

The suit continues.

To report a typo, email: edit@kelownacapnews.com.

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carli.berry@kelownacapnews.com

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