The recent rains haven’t dampened Bowen’s fiery dispute.
Last week, Bowen Island Municipality hired Southern Butler Price, a law firm that focuses on workplace dispute resolution, to mediate the dispute between the island’s volunteer firefighters and the municipality.
The two parties have been in a deadlock since the firefighters agreed not to resign Oct. 10 in exchange for fire chief Derek Dickson taking a temporary leave.
Southern Butler Price coordinated a task force, comprised of firm co-founder and lead facilitator Lisa Southern; firm lawyer Jessica Bowering, who has Bowen roots; and fire service expert Lorne West, to facilitate the process.
The firefighters’ representatives met with the task force on Oct. 17. However, upon reading the contract between Southern Butler Price and BIM, the firefighters say they’ve decided to get legal representation before they return to mediation.
An Oct. 20 letter from firefighter Ian Brown says that the volunteers have “serious concern regarding the proposed task force process.”
The letter says that the firefighters were not given the opportunity to interview lawyers in advance and that they take issue with the contract between BIM and the task force, that it is a “terms of reference for an investigation” rather than a “mediation/conflict resolution process.” The letter also says that the agreement states that the lawyers will provide information and advice to BIM while there’s no similar provision for the firefighters. The letter ends by saying that the firefighters are seeking legal advice and are raising funds to that end.
In a written response to the firefighters, Ander said that BIM does not understand the task force to be conducting an investigation despite the title of the terms of reference. Ander says that while the terms of reference state that one of objectives is that BIM “rely on objective findings and legal advice if needed, in order to inform its decisions related to the Department,” this legal advice to make department decisions would not be from the task force other than what is shared with all the parties.
“I’m very sympathetic to the fact that [the firefighters] don’t feel that they’re equal partners in this fact-finding process,” Ander told the Undercurrent.
“We’re not getting a benefit that they’re not getting,” he said, calling the investigation wording “legalese.”
“We just want to get all the information and have someone make a report and deal with it one way or another,” said Ander.
Southern, lead facilitator of the task force, clarified the relationship between BIM and the task force in an email to firefighters.
“We were hired by the Municipality because they are responsible for the department. We do not represent the Municipality nor are we advocates for any particular interest or perspective,” she wrote. “We were asked to assist in designing and leading a fair and timely process in relation to the concerns that you have raised. That is our only interest in this matter.”
Brown said that he thanked the mayor for returning his email but the firefighters won’t return to the table just yet. “We need to get legal representation,” said Brown. “We won’t be contacting [BIM] until then.”
Brown said Thursday that the firefighters are in talks with a lawyer and could have one hired by early next week.
On Oct. 18, the task force released its phase one report.
“It is clear from the Phase 1 participants that there are widely varying perspectives and a perception that all of the information has not yet been heard or considered,” reads the report. “There is also a consistent concern about the tone and tenure of the discussion, including descriptions of serious incidents of disrespectful comments and conduct directed towards people who are perceived to represent one side of the debate or the other.”
The report says that the task force needs to gather more information from more people “in a manner where all participants feel safe in providing honest information” and proposes that the task force conducts “an environmental scan to identify the factors relevant to the concerns raised by volunteers.”
This scan is to include interviewing on a volunteer basis all current firefighters, former BIM fire chiefs, volunteer firefighters identified as “social” or “alumni” members “who have participated in events relevant to the current concerns,” BIM councillors, BIM Human Resources Committee, Bowen community members and a follow-up with the fire chief.
The task force is scheduled to deliver its phase two report to the parties involved on Oct. 31, though that could be pushed back if the firefighters don’t return to the table. Phase two may end with a final report or recommend next steps in the process.
Mayor Gary Ander wouldn’t say how much BIM is paying for the task force, he just said “it just needs to be done.”
