A letter detailing unfounded allegations against Fire Chief Mike O’Connor—and the city’s responses—includes accusations of nepotism, falsifying time cards and violations of federal laws pertaining to compensation for reserve firefighters.
The city released a letter to the attorney who submitted the complaint on behalf of the department’s firefighters union. That letter lists five allegations with the investigation concluding there were no violations of the law, though it noted the department’s administrative policies were insufficient with regard to one allegation.
The city hired Renold Irizarr, a retired lieutenant for the Sunnyvale Police Department, to conduct the investigation.
City officials last week announced an outside investigation into allegations against the Hollister fire chief found the official did not commit any improprieties. Hollister officials received the commissioned investigative report last Wednesday after placing O’Connor on paid administrative leave about six weeks ago due to a then-undisclosed personnel matter in the department. City officials have confirmed the allegations surrounded O’Connor’s shifting of hours in recent months away from overtime pay for full-time employees to more hours for reserve firefighters, the ranks of which include O’Connor’s son, Ryan.
As written, the allegations included:
• Violations of the Fair Labor Standard Act relating to overtime to reserve firefighters
• Violations of the Affordable Care Act regarding part-time employees working full time without medical benefits
• Falsifying time cards
• Conflict of interest issues between O’Connor and his son
• Lack of accountability of the reserve firefighters by the chief
While the investigator noted “no violations found” for all five allegations, he called policies relating to the fifth accusation “lacking or incomplete.” O’Connor returned to work Thursday, while the city’s response to the allegations pointed out that the department would generate written policies to address insufficiencies surfacing from the accountability accusation.
O’Connor had been named permanent fire chief in January after about eight months in the interim chief role. He has been with the department for more than 25 years. Capt. Leo Alvarez took on the acting chief role Oct. 22 when O’Connor was placed on paid leave.
Council members have been quiet on it but acknowledged they wanted O’Connor to reduce overtime costs, which came to $522,000 in 2013-14. City officials this fiscal year budgeted fire department overtime at $100,000 with the temporary staffing estimate at $190,000, according to Brett Miller, director of administrative services. Meanwhile, the city is in the midst of negotiations with the fire union, and those talks went to mediation.
Mayor Ignacio Velazquez has pushed for the cuts to overtime costs in the fire department and all other departments in the city, he has said.
O’Connor was in a meeting Monday morning and could not be reached immediately.