CAFD chief, under fire, resigns

After placing Cloquet Area Fire District Chief Matt Ashmore on paid administrative leave last month, the CAFD board voted unanimously Monday to close its investigation of Ashmore "without findings" and subsequently accepted his resignation, effective the same day. The board then approved a separation agreement with Ashmore. All three votes followed a closed meeting that lasted nearly 45 minutes.

The fire chief had been on leave since Nov. 11, when the board also met in closed session to discuss allegations that Ashmore violated Covid protocols and "may have violated the organizational values of the district."

At the heart of the complaints was the fact that the fire chief came to work after contracting Covid-19 - but unknowingly, after testing negative at home, Ashmore told the board - and subsequently exposed a number of co-workers, community members and a student over a period of days before finding out he was positive for Covid.

A request by the Pine Knot News for copies of any complaints against Ashmore was denied on the basis that it was private personnel data.

According to CAFD attorney Donald Erickson, data relating to complaints or charges against an employee are public "only if the complaint results in disciplinary action or the employee resigns or is terminated from employment while the complaint or charge is pending." Because the board first voted to close its investigation and Ashmore resigned AFTER the complaint was closed, the complaints are not public data, said Erickson, a labor and employment law specialist.

Ashmore declined to comment on his resignation when the Pine Knot News contacted him this week. Ashmore came to Cloquet from the Hibbing Fire Department a year ago to replace longtime chief Kevin Schroeder, who had retired.

Ashmore had worked as a battalion chief and emergency medical services director before he moved here from Hibbing.

CAFD board chair Bob DeCaigny said Ashmore has more than three weeks to sign the separation agreement with the district, which would become public 15 days after he signs it. DeCaigny said the board will consider its next steps at the next board meeting Wednesday, Dec. 15.

"Up to this point we've already had two searches," DeCaigny said, adding that it was unknown if they would embark on another national search for someone to lead the fire district.

In the meantime, CAFD battalion chief Jesse Buhs is working the daytime office shift at the fire district. "Our level of service will continue," Buhs said. "All of our dedicated staff remain and our service will be unchanged."

What came before

Ashmore defended himself in a Loudermill hearing - which provides public sector employees the right to contest reasons for possible firing - in both open and closed meetings Nov. 22 regarding the allegations and his performance as fire chief.

A notice of the hearing sent to Ashmore stated that the board considered allegations against Ashmore in closed session on Nov. 11 and made a preliminary determination that discipline or termination may be merited. He was placed on paid administrative leave after that meeting.

Ashmore and his attorney, Jason Raether, addressed complaints Nov. 21 that he had not abided by Covid-19 protocols previously adopted by CAFD for all employees, including wearing a mask and observing social distancing in public or with the public, specifically when teaching at Virginia Community College on Oct. 27, at two meetings on Oct. 28, and with a Lake Superior College student Nov. 1. Additionally, he is accused of not maintaining social distancing requirements from co-workers at the fire district on Nov. 1. Several sections of the allegations against Ashmore were redacted in the Loudermill notice so there were additional details that weren't public.

The now former chief told the board during the Nov. 22 meeting that he had followed Covid protocols for CAFD members who are fully vaccinated because he had gotten a negative result with an at-home test.

He also noted that he was given inadequate time to respond to the hearing notice, and had only two days to find an attorney and one workday to prepare for the Loudermill hearing.

Ashmore gave a prepared statement during the Nov. 22 hearing.

"Overall I would like to make it clear that member safety has always been a priority of my career," he said. "This is not an exception when it comes to Covid. This is evidenced by changes that have been made to the district's Covid manuals, procedures and getting fully vaccinated myself. Recommendations for Covid have been in constant change since the pandemic started, sometimes making it difficult to know what is current and what is not."

Ashmore said he had "given a good faith effort to follow the district rules" and that any deviation from these rules does not rise to the level of behavior alleged by the board.

While the board did not dispute Ashmore publicly during that meeting, the Nov. 22 hearing notice stated the evidence suggested that by not following the CAFD Covid-19 plan, Ashmore's "actions and inactions significantly damage the respect for you of those you are required to lead. It is further alleged that your actions and inaction was of such a substantial nature directly affecting the rights and interests of the public and touching on your qualifications to perform your office or performance of your duties, that it shows you are not a fit or proper person to hold the office."

Ashmore was not physically present at Monday's meeting, and his name was not among those attending the meeting online. Five board members were present at the Scanlon Community Center - Marshall Johnson, DeCaigny, Sheila Lamb, Linda Wey and Gary Harms - and two attended online, Bun Carlson and Bruce Blacketter. The votes were unanimous. A handful of CAFD staff were also present in the audience, along with several more who attended online.

CAFD provides fire protection to 170 square miles and ambulance service to a state-mandated area of more than 250 square miles in Carlton County and southern St. Louis County.