LAYTON -- The U.S. District Court has granted former wildland firefighter Samuel L. Biers a $500 court filing fee waiver in his multimillion dollar wrongful termination suit against the state, while an independent audit of the Division of Forestry, Fire and State Lands continues, according to a state official.
Biers' actions have brought upon the division an independent audit of it, and that audit is looking into all the claims and allegations he is making, FFSL spokesman Jason Curry said Tuesday.
The audit, which began prior to Biers being terminated, is not yet complete, Curry said.
U.S. District Court ordered Monday that the Biers case against the state, the Department of Natural Resources and FFSL workers be allowed to proceed without prepayment of fees, according to a court document signed by U.S. Magistrate Judge Brooke C. Wells.
Biers, terminated Sept. 1, 2009, from FFSL, filed with the federal court last week a 70-page wrongful termination suit against the state, DNR, and four named workers.
Biers was terminated after he brought to the attention of his supervisors some questionable practices taking place within the department.
While employed with the state, Biers provided to state staff a 26-page report titled "Utah's Firefighters, Public and Wildland Program At-Risk?"
The report questioned decisions made within the department regarding how funds are collected and distributed, the falsification of wildland fire qualifications and the distribution of firefighting equipment.
Biers said he is pleased and hopeful over the court's ruling regarding waiving the filing fee. "I'm always an optimist, regardless."
Defendants will have 20 days to file a response with the court upon being served, Biers said.
Two months ago, the Attorney General's Office received a notice of claim regarding Biers' suit, but has not yet been served the lawsuit, Attorney Generals Office spokesman Paul Murphy said Tuesday.
The suit filed by Biers contends his reputation has "suffered extensive damages" and his ability to work as a wildland firefighter has been eliminated by defendants.
The claim names as defendants the state, along with Michael Styler, individually and as executive director of the DNR; Richard Buehler, individually and as FFSL division director; Barbara Gardner, individually and as FFSL area manager; Shane Freeman, individually and as FFSL assistant fire management officer, and others.
Biers' claim was received by the court Nov. 10 and assigned to Judge Bruce Jenkins.
Comments