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TALENT — Dismissed fire chief Darin Welburn has sued Jackson County Fire District 5, alleging violations of whistle-blower laws, failure to follow policy, retaliation and unpaid wages. He seeks more than $1.2 million for damages and economic loss. Besides the district, former District 5 board of directors Chair Judy Baalman, attorney Martial Henault and five ‘Does’ are named in the suit. The Does are not-yet-identified individuals who the suit alleges conspired to provide false and misleading information to the district and its officials for the purpose of terminating Welburn’s employment. Welburn’s attorney, Ron Guerra, filed the suit in Jackson County Circuit Court. He declined to comment on the case when contacted. Welburn was terminated in October 2016. The suit claims Welburn was dismissed, in part, for disclosing information that was evidence of state law and rules violations by Baalman. She is alleged to have used her position to interfere with Welburn’s responsibilities in order to protect her son’s job. Henault aided and abetted her in the effort, the suit alleges. Baalman’s son, Nick, a firefighter, was unable to perform essential job functions due to health-related issues, according to the suit. He was notified that unless he lost weight he would be subject to a fitness-for-duty exam and possible termination. Welburn had consulted with the district’s risk-loss representative on how to handle situation. The suit says that when Welburn disclosed Judy Baalman’s actions, which he believed violated state law, Baalman initiated a plan to discredit him that led to his termination. Other allegations in the lawsuit include: • Welburn was given no opportunity to hear complaints, to clear his name or to meet with the board to discuss his termination. A section of his employment agreement allowed the chief to waive the requirement for a decision at a first or second public meeting and opt for a different process, but no notice was given to him of potential termination. Failure to properly notice public meetings is also alleged. • The district failed to pay accrued vacation time to Welburn in the amount of $18,684. He also seeks a penalty for unpaid time in the amount of $12,923. • Welburn was denied his right to due process in several ways, including failure to identify charges against him and lack of opportunity to address those charges. He was terminated Oct. 16, 2016, by the board of directors without cause. He had been hired for the position in March 2015 and received a performance review in fall 2015 that concluded he had successfully served a probationary period. Welburn had been with the district for 29 years and was on a three-year contract that started Jan. 1, 2016. Welburn seeks $699,427 for economic loss, $500,000 for non-economic damages and the unpaid vacation time and penalty amounts. He declined to comment on the suit when contacted. Current District 5 board Chair Vicki Purslow, who was not on the body at the time of termination, also declined to comment on the suit. She did say it would likely be discussed by the board in an executive session when it meets at 3:30 p.m. Tuesday in district headquarters, 5811 S. Pacific Highway. Portland lawyer Peter Mersereau, who is representing the district, declined to comment. Baalman, who is no longer on the district board, also would not speak about the action. Henault did not return a call seeking comment. In April 2017, Guerra said he and the district were holding discussions and that he would prefer to reach a negotiated settlement. The general practice in Oregon is to have a case go to trial within a year of filing a suit, he said. Reach Ashland freelance writer Tony Boom at [email protected].