AFD: Woolverton on Leave, Merger Fallout Stays Hot

Last week, when the Chronicle asked the Austin Fire Department to respond to a complaint filed by Austin Firefighters Assoc­iation President Bob Nicks, AFD officials said they hadn't a chance to fully investigate whether the department's head of hiring lied under oath earlier this year. A week later, the department confirmed that Assistant Chief Aaron Woolver­ton is on administrative leave while an independent investigator looks into the accusations.

Nicks' complaint accuses Woolverton of lying by omission at a meeting of the Civil Service Commission, where (in response to a question about whether he'd ever been involved in a collision) he recalled an incident in which his vehicle collided with a garage door but allegedly did not account for a 2004 instance in which he ran over a small child. Nicks used the situation to illustrate what he views as the unfair treatment of Andrew Garcia, an Emergency Services District 4 firefighter and local union president who claims he was wrongfully barred from joining AFD as the two departments merge into one ("He Checked the Wrong Box," July 14). Garcia was barred from AFD after the department said he failed to clear a background check. Garcia admitted that he mistakenly left mention of a 2008 cadet class suspension off an official form, but said he believes his role in merger negotiations served as the true reason.

Nicks notes in the complaint that he was told by AFD Chief of Staff Tom Dodds that "there was no possible way [Garcia] could have forgotten to include it. Therefore, Drew Garcia's failure to disclose this event was a willful deception and therefore an intentional lie." Applying that standard, suggests Nicks, Woolverton committed the same offense.

Nicks said Woolverton will be supplied with an attorney by the association, as is his right as a dues-paying member. He also said that during a recent visit to the department's training center, he was told by team leaders who will be overseeing the incoming ESD 4 firefighters that Woolverton had openly discussed details of Garcia's investigation with them. Garcia told the Chronicle he's heard similar reports, including that Woolverton showed other employees some paperwork associated with his file. "I don't know if they're kind of reading the writing on the wall and seeing that we might be successful," Garcia said. "To me, what he could potentially be doing is creating a hostile working environment for me."

Dodds told the Chronicle that Woolverton would decline any comment until after the investigation concludes. In response to the claims that Woolverton shared information with other employees, the chief of staff said, "We are unaware of any of the conversations that Mr. Nicks is alleging took place, but we will look into it." In general, he said, "individuals who oversee relevant sections where [sharing information] may be necessary are authorized to do so."