Employment Background

My name is Zach Lincoln.  I worked for the Sweet Home Fire District from March of 2007 until I was terminated on March 29, 2023.  Before my termination, I was on Paid Administrative Leave for 11 months, beginning in April of 2022.   I was placed on administrative leave after I brought up some concerning actions by the former fire chief, David Barringer.   I was first placed on Admin and was required to complete a "Fit for Duty Evaluation."  Before this, I had never received a poor performance review or discipline. 

To give a little bit of history.   In March of 2007, I was hired as a part-time EMT in the district, and Barringer was then the battalion chief.  I worked part-time while attending Paramedic School until I was Hired Full-Time in December 2011.   I was promoted to Lieutenant in December of 2013.  Barringer worked for Albany Fire before returning as the Fire Chief in June of 2014.  

During my career, I received a number of awards, as seen on the front page of zlinco.com: 2009 Firefighter of the Year; 2010 Rescue Technician of the Year; 2012 Employee of the Year; 2012 Medic of the Year; 2014 Pride and Ownership; 2014 Officer of the Year; 2015 Employee of the Year; 2016 Employee of the Year. Annual award recipients are selected by an anonymous vote of their peers.

In 2020,  I noted a few minor issues with the treatment of Mr. Barringer towards me.  But I attributed those to stress that Mr. Barringer seemed to be experiencing.  His new treatment toward me included taking away responsibilities without reasoning and singling me out in meetings in front of other employees.  This was a drastic contrast to prior treatment as Barringer was one of the (officials) who married my wife and me in August 2018

Start of the Retaliation (2021)

In 2021, the year before my admin leave, the change in treatment appeared to progress.  During that time, I initiated several 1 on 1 conversations with Fire Chief Dave Barringer in trying to resolve these tensions.  after he would criticize me around other employees.   I noticed that his treatment of me had changed, but he denied that I did anything wrong, only that he "didn't like the way I went about doing things." He would not elaborate more than that. I noticed several situations leading me to believe that Barringer's view of me had changed many various seeming insignificant incidents, including allegations of insubordination at a structure fire (which was later found to be unfounded),  questioning any decision I had made, which before this there was no concern of my decisions or actions.

March of 2021 - Barringer requested a meeting that included me and some others about the treatment of a Volunteer Firefighter, which included comments by the Newly Hired (01/23) Recruitment and Retention Coordinator, Ryan Paul, and the Union President.  Chief Barringer sternly counseled everyone to treat all of the members with respect.   Josh Starha (a Firefighter/Paramedic) and I were at the meeting because we were defending the Volunteer.   Right after the meeting I called and asked the Volunteer if if felt better after the meeting. He reluctantly told me that as he was leaving, Ryan Paul (his supervisor as the volunteer recruitment and retention coordinator)  said to him.  "This doesn't mean I am going to change anything. "I am still going to treat you like all of the cheaters like M**** and J***** ( 2 Full-time employees who had multi-year affairs). I told the volunteer not to talk to Ryan Paul; he needed anything to come directly to me.  Since I was responsible for most of the volunteer training items before Ryan's Arrival.   Barringer began to make Ryan's comment and my response and chastised me for not telling the volunteer to address the concern in the comment directed at Ryan.   I felt that since Ryan had only worked with the District in that position for 3 months and the chief conciled everything, he wouldn't change his ways.   Barringer told me that I should have directed the Volunteer to go directly to Ryan.  

Getting Moved to a Different Shift (May, 2021)

In May 2021, I contacted the EAP and described the conflict with Barringer. He felt confident that I treated Barringer and didn't feel the need for further EAP counseling sessions. 

May 19th, 2021.  I received an email from Chief Barringer stating the 3 Lieutenants would be moving shifts.  Something that never occurred unless there was a legitimate reason.  

May 20th, 2021—Knowing this was a retaliatory act, I emailed Fire Chief Barringer and Board President Dawn Mitchell since attempts to resolve the conflict directly with Barringer were unsuccessful. 

June 6th, 2021 Meeting With Barringer and Mitchell expressing all of my concerns of treatment, concerns of whistleblower retaliation, etc,

June 24th, 2021 I had a second Meeting with Board President and Fire Chief with no resolve. 

In August of 2021, I Emailed the Fire Chief asking him to reconsider the shift change since there didn't seem to be a legitimate reason but a pattern of retaliation.   Barringer refused without providing a valid reason. I replied, stating that this was causing me legitimate anxiety, the clinical kind he knew I dealt with. (more on my anxiety later).  After that failed, I contacted Board President Dawn Mitchell, asking her to intervene. If she failed to do something, I would file a Complaint with BOLI.  She did not intervene. I was moved to a different shift.   Josh Starha asked me before the move why he thought the Lieutenants were moving shifts, and I said it appeared to be Barringer's way of punishing me.  He stated that's also what he thought.  (Just for note, Josh Starha is the Brother-in-law to Barringer; their wives are sisters)  Josh Starha was a groomsman at my wedding. 

After moving shifts, things only appeared to get worse. The new supervisor, Battalion Chief Randy Whitfield, proved the shift change and change of supervisor was to punish me.  In October 2021, I tweaked my back on a call and could not get out of bed the next day.  I called into work sick a few days later and was publicly chastised in an email by Whitfield instructing everyone to follow the Lexipol Policy.  More details here: Shift Changes.  I had expressed concern that we were never told we had switched to new policies, only that we were reviewing them.  He confirmed that we were not following them the following shift. 

January 2022, Barringer convened a staff meeting in which he addressed a question of whether or not we were following the new policies Barringer confirmed that we had not yet switched to the new policies.  I had asked if we could set a date so the new chief doesn't have to worry about implementing the new policies.  Barringer refused, stating he would have the Battalion Chiefs get together to implement the new policies.  I had one last question: What if someone who wasn't a battalion chief had a concern or suggestion about the new policies? How should they go about sharing that?  Barringer responded that he would "expect the BCs to get input from their shift."  No meetings ever took place, nor was any non-BC asked for their input.  

Being Placed on Paid Administrative Leave (April 2022)

Things appeared to improve until Josh Starha told me he was told not to let me work on stuff.  (After I have a long history of fixing problems correctly and saving the district money.)  The following shift I confronted my Direct Supervisor Randy Whitfield who confirmed it was coming form the Fire Chief Dave Barringer.  

Prior to the following shift, I was dealing with some significant anxiety the evening before I was supposed to work.  I called Travis Hewitt, my friend, Fire Chief of Halsey-Shedd Fire District, and Groomsman, who I had been confiding about the treatment by Barringer.   Hewitt advised me to call out sick tomorrow and, if my wife wasn't home, to come and see him as he didn't want me to be alone.   I told him I would consider it. After things got worse, I called a few hours before my shift.  

The following day, I went to talk with Travis at his work in Halsey. In the evening, someone at the station sent out a "Blank Page" via the System that alerts everyone who phones that there is an emergency. Barringer used that fake page to access the GPS location on my phone and track my location so he could come and find me.  

Hewitt had to leave in a Car Wreck on I-5. When I left, I saw a Barringers Department vehicle near the freeway on-ramp.  I knew at that time he was after me.   I called in sick the following day as my anxiety was only worse after knowing Barringer was going to great lengths to punish me. Travis had told him I wasn't in a condition to work. Barringer was still convinced he had to punish me in some way. 

 Before my next shift, Hewitt asked me to come by. Travis informed me that I would be placed on administrative leave the following day as soon as I got to work.   He offered to call Barringer.  I asked him to call and have Barringer meet us.   I  was given a letter stating that I was on paid administrative leave.  According to Travis, it was intended to allow Barringer and me some time apart for the next month as Barringer would be training the new Fire Chief who was just hired, Mark "Nick" Tyler  2022_04_22  First Admin Leave Letter from Barringer. I could tell this was a punishment as it was supposed to be for my health, but I wasn't allowed at the Fire Station, which is contradictory to someone there's claim that they were trying to help. 

On my admin leave I was asked to perform various administrative "IT" tasks.  

On May 9th, 2022, I received an email from Barringer requiring me to complete a Day Long Psyc Eval in which I had no way to appeal, which could have resulted in long-lasting results from a Psycologist who was paid a significant sum of money to do way employers request.  (Mostly Police and Fire Agencies for Pre-Employment Screening)  2022_05_09 FFDE Attachment 1 

A few days later, Josh Starha informed me that Randy Whitfield and Dave Barringer were going around "trying to find dirt on" me to support their decision to put me on admin leave. He stated he refused to provide them with any information. 

I contacted another friend of mine, Chris Barnes, the Monroe Fire Chief, and another groomsman at my wedding. Barringer was trying to get others to provide documentation of me to support their claims and request that I go through FFDE. He advised me that he was aware that Dave Barringer contacted Steven Wallace, the Mohawk Valley Fire Chief, and asked Steven to provide documentation against me.   I confirmed with Steven Wallace that Barringer indeed did contact him, and he had sent an email to Barringer stating that I was at the Mohawk Valley Fire Station on day 9 of a 10-day quarantine.  I had previously requested to return to work since, after an Exposure to COVID, I never tested positive. 

As this was a violation of many different parts of the CBA Agreement and various laws, I sent the following Letter,  I included a release from my physician 2022_05_15 Lincoln to Barringer FFDE Concerns 2024_01_11 BOLINotice of Substantial Evidence Determintation_Optemized.pdf 

He responded stating I was to remain on Admin Leave 2022_05_16 FFDE response from barringer.pdf 

Learning Fire Chief Nick Tyler was trying to fire me. (May, 2022)

Late May 2022,  Dave Trask, a former volunteer firefighter and friend, called me and stated that he had walked into the fire station and had heard Ryan Paul tell Battalion Chief Eli Harris that I was getting fired. (Trask assisted Barringer in "Marrying" my wife and I)

Filing Workers Comp Claim (May, 2022)

After I was convinced that Barringer and now the New Chief were trying to fire me. I filled a workers comp claim for my anxiety (more details below or here) 

In July of 2022, I had a meeting with a Psychiatrist hired by the Districts insurance attempting to disprove my claim. The Psychiatrist attributed my anxiety to post-traumatic stress as a direct result of a 2012 Incident in which 2 co-workers falsely modified an HIV test after I was stuck with a Patient needle.  The Negative HIV test was changed to Positive, Suggesting I had contracted AIDs.  The test results were left on a dresser by my sleeping bunk.  I woke up to them and immediately left the station.  I believed I had contracted HIV/AIDs Until I returned later to the Fire Station and was told it was a prank.  (2 employees still work for the district.  One Lieutenant received 2 weeks without pay, and the Supervisor, Battalion Chief Shannon Petter, received a step decrease (She was and still is the District's Privacy Officer and Infectious Control Officer.

Since the Incident 10 years Prior, I had begun experiencing Anxiety that became increasingly more severe and peaked around 2019 after responding to multiple incidents involving traumatic child/infant fatalities. 

I was instructed to come into the Fire Station for a meeting.  Mark "Nick" Tyler, Brandon Neish, and Randall Whitfield were present.  I was asked for a Password associated with an Admin Account. I said it's the same password we use for all Admin Accounts.  They logged in without any issues.  Tyler then said, " That's all we need. I said what about me coming back to work.  Tyler replied, "Because of what you did." When I asked him to clarify, she stated, "Because I filed a workers comp claim.  Randy Whitfield was still present and witnessed the conversation.  2024_01_11 BOLINotice of Substantial Evidence Determination 

August 3rd, 2022, I was still on Admin leave, and I was required to return to work within 7 days after my doctor's note in May.  I was placed on Second Admin Leave in which several employment-related Violations Occurred. Second Admin Leave Letter, Union Contract

Fire District hired former Springfield Police Chief as Outside Investigator (August, 2022)

August 29th, 2023, I received this email from Tyler from his personal email ntyler34@gmail.com, clearly showing he was using his email to communicate about my situation but wanted to avoid it being brought up under Public Records request or Discovery Rules.   At the time, I was unable to obtain the document since it was in a .pages format.  2023_08_29 Notice of Investigation from ntyler34 personal gmail address   

August 29, 2023 Notice of Investigation Letter from Tyler. It also prevented me from discussing this investigation with anyone or facing disciplinary action. "You are ordered, at this time, not to discuss this investigation or its subject matter with anyone except for Chief Tyler or Mr. Doney. Violation of this order may be cause for discipline."

August 31st, 2023, the interview lasted 4 hours.   I was offered Union representation, but by this time, I had realized that the Union President was doing more to bury me than save me.  This interview lasted around 4 hours. Doney Interview #1 08_31_22 1306 Orginal Doney was shocked when I said I would also record. He didn't want me to record saying that I had given this to the agency. I knew I would have difficulty getting a copy of them.  

Salem Fire Job Offer (September, 2022)

In September of 2022, I applied for a Job with Salem Fire Department after "reading the writing on the wall."  During the first phase of the hiring process, I had an interview and a scenario in which I passed and moved on to take a Chief's interview.    During the "Chief's Interview," I took the entire time to share all of the details that have been going on.  I was very open and honest about the Admin Leave and investigation.  I didn't think I had a shot of getting the Job until I received a phone call later that evening from Chief Kyle Amsberry (an outstanding individual), who provided me with a conditional Job Offer.  He advised me to be as open and honest with the background investigator as I was with him.   

On October 12th, 2022, I began the background and spoke with the Investigator.  I informed him of the situation, and he said he would call the Fire Chief(s) and then contact the 10 references I provided.   On the 21st of October, I was notified that my job offer had been rescinded.  None of the 10 references were contacted, including Travis Hewitt, Chris Barnes, and Dave Trask.  I believe this to be a violation of ORS 659.800. This a considered Class A Misdemeanor under ORS 659.990 

Second Interview with Investigator Tim Doney (December, 2022)

On November 8, 2022, I was called into the Fire Station to speak with Tyler. He requested that I sign a settlement agreement. If I failed to sign the agreement, I would be forced to have a follow-up interview with Mr. Doney on November 10. I informed Tyler on the 9th that I would not be signing any agreement. Not surprisingly, I called in on November 10, and Mr. Doney was unavailable and had to reschedule. 

On December 16th, I finally met and had an additional 3-hour interview with Mr. Doney. 2 parts Approximately 3 hours total  Part 1  Part 2 

The district received my official signed BOLI complaint around January 15th, 2023. (There was a delay between the original complaint in May 2022 and the signed complaint in January 2023.)  2024_01_11 BOLI Notice of Substaintial Evidence Determintation 

On January 17th, 2022, during a Board Meeting it was discussed that there was a Board meeting in which it was brought up that there has been 2 BOLI complaints, and in light of the complaints, the district was going to hold off on purchasing the 2 vehicles because of the potential liability of the complaints.  https://www.sweethomenews.com/fire-district-reports-more-calls-fewer-personnel-than-20-years-ago/ 

January 18th, 2023 Mr Doney interviewed Barringer again and also provided a draft copy of the 20 page Doney Report which stated I worked for the Jackson County Fire District.

Tyler requests I sign another settlement offer which I refuse (February, 2023)

On February 2nd, 2023, during my daily call-in, I was told I needed to come in to pick up my w2 at 2pm to pick up my W2.   I told the BC that I had already downloaded it, so do I still need to come in?  She said yes.  My wife correctly assumed that Tyler wanted me to come down so he could try to get me to settle again.  Mr. Tyler confirmed that he had been reviewing the report every morning when he woke up.  Toward the end of the "small talk," Tyler suggested that it would be best if I signed the settlement.  He referred to a former Lebanon Firefighter named Marshall Brookfield, who Mr Tyler suggested Brookfield resign while under investigation and was then forced to work for a private contractor as a Wildland Firefighter.   After resigning, Marshall Brookfield contracted Bacterial Pneumonia while on a Wildland Fire working on a hand crew.   He was taken to Lebanon Hospital, where he developed clots in his arms and legs, which, if he survived, he would lose the limbs. Marshall unfortunately passed away a few days later.  Marshall was one of the Paramedic Preceptors during my paramedic internship with Lebanon Fire.   Marshall was a former marine and was one tough S.O.B.  I recall him taking the meter worst challenge and finishing off a meter-long bratwurst without breaking a sweat.  

I informed Mr. Tyler that I wouldn't take a "500,000 dollar settlement" if it meant resigning under investigation, as resigning under investigation is an admission of guilt

On February 5th, 2023, three days later, after Mr Tyler had three weeks to review the report, Mr. Doney submitted an additional "Late Additional Doney HIPPA"  report, which begins "After further research,"  suggesting that I had also violated HIPPA.

  Given notice of Potential Termination (February, 2023)

On February 7th, 2023, I was given a "Notice of Potential Termination Letter," in which I was required to give a response by the 13th; I asked for an extension since they had 9 months to investigate. I may need more than 6 days.   It was denied by Mr. Tyler.  I later learned that the District had until the 14th to respond to the BOLI complaint.  So, they were clearly trying to use my information against me.  In the total of 7 hours of recorded testimony, I had with me some of my documentation, which included a 4-inch thick 3-ring binder with documents.

I would not let Tyler try to force me to give up my documents under threat of termination.  On February 13th, I filed 27 grievances since the grievance process would allow me to extend my time. 2023_02_13 Grievances to termination notice.pdf 

On the days leading up to February 13th, my wife had asked me if I had been fired since I hadn't been paid. It was 1 week after everyone else got paid.   I was finally paid 38 days after my previous check. Oregon law requires 35 days or less between paychecks.  ORS 652.120  This is considered a Class A Violation, which is a class below a misdemeanor

First Letter to the Board (March 1, 2023)

On February 27th, during a daily call, I was told to meet with Tyler in his office. I did so, and he provided a letter that denied all the grievances.

I was told I must come in on March 2nd 2023 for the next steps.

On March 1st, I hand-delivered a 37-page Letter to the Board of Directors.  Detailing my concerns include:

Second Letter to the Board (March 9, 2023)

After I learned more about the Civil Service Laws in Oregon, ORS 242, I should file a signed complaint requesting a Civil Service Hearing under ORS 242.796, " deprivation of special privileges," since I believed many of my special privileges were deprived during my 11-month Administrative Leave and Investigation. Oregon ORS 242

March 9th, 2022, I emailed a second Letter to the Board President Dawn Mitchell 2023_03_09 Letter to Board #2.pdf detailing the following:

Fire Chief and Board attempt to prevent my complaints from going public (March 2023)

I received no response from the first two letters. instead, on March 21st, the Board appointed 3 people to the Civil Service Commission.   Since it is required that all fire departments with four or more Full-time Firefighters have one. ORS 242.704 The Board was required to have a Civil Service Commission for at least 20 years.  They had discussed it in 8 other Board Meetings over the previous 8 years, but it never occurred. 

Here's where things go wrong.  They attempted to create a set of "Civil Service Rules," which would prevent me from being able to access the requirements established in ORS 242.  2023_04_19 Civil Service Rules.pdf 

There are several issues with these rules:

On March 28th the Civil Service Commision had its First Meeting and Voted to adopt these rules

Termination (March 29, 2023)

On March 29th, 2023, I was terminated after I failed to sign a  settlement agreement releasing the district of all of my claims. I refused to sign the settlement agreement for several reasons.

Board Meeting (April 2023)

Requesting Termination Hearing and Learning board had tried to silence me (April 2023)

April 8th 2023. Email sent to Civil Service Commision Requesting Hearing for termination and requested documents. 

On April 19th, 2023 I received 2 letters from Tyler including the Civil Service Rules and Documents I had requested: (Until this point, I had no idea the Board and Civil Service Commission had voted on these Civil Service Rules)

Asking for Civil Service hearings (April 2023)

I sent letters to the Civil Service Commission on 4/24 and 4/29, Asking them to address concerns about the lack of authority of the Civil Service Rules since they weren't created under an Ordinance, Regulation, or Charter.

Email to CSC on 4/24/23

Letter to CSC on 4/24/23

I also sent an additional email on 4/29/23 requesting an investigation into how my Civil Service Rights were being violated and stating that the penalty for this is a criminal misdemeanor.

05/03/23 Response from Civil Service Claiming my request was untimely

05/04/23 I responded readdressing the concerns in detail and requesting they respond to my questions

Civil Service Letter 05_04_2023.pdf 

Filing Second BOLI Complaint (January 2024)

"BOLI Complaint #1"  In December 2023, BOLI began to investigate the Claims and produce this document Addressing Claims That were initially submitted in May 2022 and officially submitted in January 2023.

BOLI Substantial Evidence Notice 01/11/2024 Notice

During the Investigation of "BOLI #1," BOLI had me sign an additional complaint on January 10, 2024.      This was because I updated BOLI in June of 2023 regarding all of the events since I submitted a BOLI complaint.  They could not include the additional claims in the original complaint since they were so much more egregious.

BOLI #2 Complaint January 10, 2024

Employement Relations Board Unfair Labor Practive Complaints (September 2023)

The link to the ERB website regarding my cases can be found here https://www.oregon.gov/erb/Pages/ActiveCases.aspx 

First Complaint Against the District  https://www.oregon.gov/erb/Documents/UP-054-23_Complaint.pdf 

Second Complaint against the Union and the District for failing to represent me   https://www.oregon.gov/erb/Documents/FR-003-23_Complaint_Redacted.pdf 

Most recent results have stated that both Complaints have merit and warrant a hearing.

03/29/2024 Judge recommends hearing

2024_05_22 ERB ULP Hearing notice 

Lawsuits (April 2024)

BOLI's notice advised that I only had 90 days to file suit or I would lose the opportunity for any remedy.  I chose to file a suit since I was getting nowhere with the Fire District.   I was following my intentions stated in in the 2 letters to the Board on March 1st and 9th, 2023.

First was on April 10, 2024: A Suit filed in federal court for Violation of 1st, 4th and 14th Ammendment of US Constitution and violations of Oregon Revised Statue 242 Relating to the Districts intentionally witholding public hearing which would have exposed their misconduct. 

Formal Complaint Lincoln v Sweet Home Fire.pdf

Next was a suit in Linn County Circuit Court on April 15th, 2024. I filed a petition of writ of mandamus (mandate) requesting the court to require the district to give me a public hearing as required under ORS 242.800.

2023_04_16 Writ of Mandamus.pdf