Former firefighters file $875,000 lawsuit against Tillamook Fire, former chief
PORTLAND, Ore. (KOIN) — Two former firefighters filed an $875,000 lawsuit against the Tillamook Fire District and its former chief Jeff McBrayer on Sept. 30 for alleged retaliatory action taken against the pair for accusing McBrayer of mismanaging the district, wasting government funds and endangering the public.
Former Tillamook Fire District firefighters Kyle Adams and Kris Davis claim that they began documenting McBrayer’s alleged mismanagement in December of 2023. After failing to resolve their issues with McBrayer, the suit states, both men participated in protected whistleblowing activities.
“Captains Davis and Adams’ conversation with Chief McBrayer appeared fruitless, so they approached the assistant fire chief on or about Jan. 25, 2024, to report, in good faith, conduct by Chief McBrayer they believed was both illegal and mismanagement, including Chief McBrayer’s unavailability, mismanagement of the levy process, and the Chief’s apparent lack of performance of essential Chief duties,” the lawsuit reads. “The assistant fire chief suggested that Captains Davis and Adams report McBrayer’s violations to the Tillamook Fire District’s Board of Directors.”
Adams and Davis met with board chair Brian Cameron, the Assistant Fire Chief and the Tillamook Fire District Officer group on Jan. 27 to alert them of their issues with McBrayer. The complaints against McBrayer included:
- Making false reports to the media and public
- Jeopardizing the fire district’s insurance rating by failing to complete necessary paperwork
- Failing to submit reports to the National Fire Incident Reporting System in a timely fashion
- Telling fire district offers that he could submit fraudulent paperwork to the State of Oregon to receive reimbursements for damaged and lost equipment that was not damaged or lost
- Asking Adams and Davis to make fire district property appear broken so the public might support a five-year levy that would provide more funding for district
- Constant absences from work
- Neglecting his duties
- Failing to pay bills on time
- The abuse of Tillamook Fire District property for personal use
Following the meeting, two board members allegedly informed McBrayer about the whistleblower activity.
“On or about Jan. 30, 2024, two Tillamook Fire District Board Members met with Chief McBrayer and informed him of Captains Adams and Davis’s reports,” the suit states. “On information and belief, Chief McBrayer was told that Captains Adams and Davis were the individuals who raised these concerns. Chief McBrayer’s conduct was not corrected or redressed.”
Following the meeting, McBrayer allegedly made threats against Adams and Davis. He then ceased all communication with them, preventing them from performing their jobs, the lawsuit states.
“On or about Jan. 30th, 2024, Chief McBrayer sent an ‘active 911’ alert to district volunteers with false information about Captains Davis and Adams,” the lawsuit reads. “Chief McBrayer scheduled a ‘cool down’ meeting with volunteers in which he openly threatened Captains Adams and Davis' jobs in front of the volunteers and told volunteers that they were being investigated by the police.”
On Feb. 13, McBrayer allegedly changed Adams and Davis’ work schedules without their input. Adams and Davis resigned from their positions that same day.
“McBrayer made these changes knowing they would have a material adverse effect on Captains Adams and Davis’ [abilities] to perform their jobs,” the lawsuit reads. “... Both plaintiffs were devastated to lose their employment with Tillamook Fire District. They were deeply committed and passionate about the work, and they felt humiliated and stressed with their treatment by Chief McBrayer within the small community of Tillamook.”
Adams and Davis are each seeking $400,000 for emotional distress damages. For economic damages, Adams is seeking $25,000 and Davis is seeking $50,000.
McBrayer is no longer chief of the Tillamook Fire District. Interim Fire Chief Paul Edwards told KOIN 6 that he was unable to comment on the pending litigation and that the district had not yet retained an attorney for the case.