Central Fire District of Santa Cruz, CA, Pays FF $965K to End Whistleblower Suit

LIVE OAK — The Central Fire District of Santa Cruz County recently settled a nearly $1 million hostile work environment lawsuit alleging whistleblower retaliation and workplace assault.

Resolution of the lawsuit, initially brought last year by former Central Fire firefighter and union head Michael Botill Jr., avoids a pending civil trial set to begin this month. Per the settlement agreement between Botill, a third-generation firefighter, and the district, each side admitted “no fault.” The resolution involves a $965,000 payout to Botill.

In an email responding to a Sentinel inquiry, Botill wrote that he felt the settlement “reflects the severity of what occurred.” He said he hoped to shed light on what occurred so that “others don’t have to endure similar experiences.” The outcome, Botill said, does not undo the harm he endured but provides some resolution that will allow him to begin rebuilding his life.

Botill’s suit, filed in July 2023, alleged that fellow firefighters Capt. Dan Jordan and Forrest Gleitsman committed harassment, discrimination, whistleblower retaliation and bullying.

“This lawsuit was about holding those responsible accountable for their actions, which ultimately ended my career and severely impacted my life,” wrote the 32-year-old Botill, who was hired by the district in 2016. “Despite the settlement, the individuals involved in the incident are still employed at the fire department.”

As part of the settlement agreement, initially approved at the end of August and finalized this month, the fire district is directed to support Botill’s application for industrial disability retirement. Nearly $139,000 of the settlement will cover Botill’s lost wages. More than $410,000 will cover Botill’s combined legal costs and the direct payment to Botill will come to about $416,000, per the settlement.

Jordan’s initial assault against Botill, according to Botill’s complaint, occurred at an Oct. 2020 work event when Jordan, allegedly drinking, walked up to Botill and slapped him across the face. At the same event a year later, Jordan allegedly verbally threatened Botill, according to the complaint. In a 2022 encounter after the same work event, Botill’s complaint alleges Jordan and Gleitsman confronted him. Jordan allegedly criticized Botill for objecting to a district work condition policy, for filing an earlier complaint against Jordan and for the district’s COVID-19 vaccine requirements. The confrontation allegedly soon turned violent, with both men reportedly hitting Botill outside a restaurant.

Botill’s suit also claimed district leaders, including Fire Chief Jason Nee, did not properly respond to the violence complaints.

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Three months after Botill filed his suit, Gleitsman, who was hired by the district in 2017, filed a cross-complaint against Botill. The suit alleged that when Gleitsman tried to intervene in the fight with Jordan, Botill tackled him and began choking him. Gleitsman, according to the complaint, punched Botill as an act of self-defense.

Central Fire officials through the San Francisco-based legal counsel of Burke, Williams & Sorensen, LLP, declined to comment. Firm partner Samantha Zutler initially responded to a Sentinel inquiry by saying in September that the firm did not comment on pending litigation. Queried again this month, Zutler responded in an email that “The District doesn’t have any comment on the lawsuit, but you can request a copy of the settlement agreement through the website.”

The lawsuit settlement came shortly before district constituents began voting on a $221 million bond measure looking to property tax assessments for support. Central Fire district voters will consider the November general election’s Measure R, to “maintain 911 response times; protect local medical emergency and fire protection services; and prepare wildfires, floods, and earthquakes by upgrading and repairing aging lifesaving equipment and stations,” according to the ballot language.

By levying an estimated $29 for every $100,000 of every property’s assessed valuation, the district hopes to generate $11.6 million a year to pay back up to a total of $470 million, with principal and interest factored in, likely through 2064, according to an impartial analysis of the ballot. The bond measure requires approval by two-thirds of voters to pass and cannot be spent on salaries or operational expenses.

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Visit the Santa Cruz Sentinel (Scotts Valley, Calif.) at www.santacruzsentinel.com

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