Boardman fire chief avoids penalties for using engine to install hot tub at his home

PORTLAND, Ore. (KOIN) — Boardman Rural Fire Protection District Chief Michael Hughes faced public scrutiny for accused ethical wrongdoing for using a district fire truck ladder to lower a hot tub into place at his home before the allegations were dismissed.

Although an Oregon Government Ethics Commission investigation in early July recommended Hughes' case be moved ahead, the case was ultimately dismissed by commissioners in mid-July.

A report completed by Oregon Government Ethics Commission investigator Hillary Murrieta on July 3 detailed how Hughes used his authority as district chief to commit multiple state ethics violations. The alleged violations happened prior to a public complaint filed in response to the hot tub incident on November 17, 2022.

“There is a preponderance of evidence in this case to establish that Mr. Hughes violated ORS 244.040(1), by using his official position as fire chief using District staff and District resources to install a hot tub at his personal home, thereby avoiding the financial detriment of having to pay for workers and equipment to help him install the hot tub,” Murrieta’s investigation report states. “Further, Mr. Hughes was faced with a conflict of interest when he used the district staff and resources in this manner, and he did not satisfy the conflict-of-interest disclosure requirements of ORS 244.120(1)(c).”

Murrieta recommended that Hughes' case be moved to a contested proceeding or that a settlement for the alleged ethics violations be reached. However, the case was dismissed on July 14 when the ethics commission’s ruling ended in a 4-4 split. Commissioners Daniel Mason, Shawn Lindsay, Richard Burke and Jonathan Thompson all voted against the investigator’s recommendations.

Hughes spoke at the July 14 meeting to argue that department engines were previously used to lower hot tubs into position for other community members before it was performed on his own property. He also stated that he acted “in good faith” while using the ladder truck for hot tub services.

“This is something that we have provided for our community, not only for public members, but for businesses,” Hughes said at the Ethics Commission meeting. “While we do not advertise for this because we’re not in the position to compete against our [taxed] businesses, we just offer the service if somebody were to call.”

Through the investigation, the ethics commission revealed Hughes’ contract permits him to use Boardman Rural Fire Protection District property for personal use, which was a contract stipulation Hughes initially denied, according to the report.

The segment of the contract was provided in the ethics commission’s investigative report: “The Chief may use District property for personal use under certain terms and conditions. (As specified by District Policy) [.] In recognition of the fact that the Chief is always on call, the Chief may use such property for more than de minimis or otherwise allowed uses. For purposes of ethical duties and responsibilities of a public employee, compensation to the Chief shall include, without the necessity of prior approval, the personal use of District vehicles, cell phones, computers and office telephones, whether for long distance usage or otherwise as well as other property of the district while on duty or on call for the district. Any and all necessary documentation of such personal usage for tax purposes and responsibility for taxation on same, if any, shall lie solely and exclusively with the Chief."

The ethics commission's investigative report also included a photo of Hughes using district property to lower a hot tub into place.

In his interview with Murrieta during the investigation, Hughes said he has been subjected to a "public beating" as a result of the investigation. In an email to KOIN 6 News, he stated that the hot tub services were used as training exercises for firefighters, and rejected the idea that lowering the hot tubs into place could be considered an act of “installation.” He also added that the weight of the empty hot tubs were “far [lighter] than the lifting limitations of the ladder truck” and that no fire district hoses were used to fill hot tubs or pools.

“An opportunity presented itself, so we used this incident as a training exercise, just like we have done when we have placed hot tubs, appliances and other equipment on both commercial and residential properties,” Hughes said.

While Hughes maintains his innocence in the matter, he said that he will no longer use district trucks to provide hot tub lowering services.

“I do not believe I violated any ethical standards,” he said. “Regardless, I would not do it again.”

Between 2021 and 2022, a Portland Fire and Rescue firefighter faced an investigation by the Portland Auditor’s Office for using firehouse water to wash his personal vehicle. However, the Portland City Council reluctantly approved this use of public water on April 5, following an 18-month battle to get firefighters to work desperately needed overtime shifts amid ongoing staffing shortages.

Central Oregon Coast Fire and Rescue District and its chief Jamie Mason continue to face potential litigation after Mason allegedly commandeered a traffic investigation involving his wife on July 2. According to a responding fire captain’s account of the incident, Mason’s involvement in the investigation nearly resulted in a roadside brawl.