Issue date: May 26, 1999
By RENEE BATTI
Round one in the dispute between the Menlo Park Fire Protection District and former Fire Chief Rick Tye appears to be over, with Mr. Tye agreeing to pay back the district about $5,700 in wages he was paid in late 1997, according to the district.
Although an agreement has yet to be signed, the fire district board on May 15 agreed to terms proposed by Mr. Tye to settle the wages issue, said Fire Chief Miles Julihn. Still unresolved are disputes involving workers' compensation claims, he said.
Behind the wages conflict was Mr. Tye's unusual and confusing departure from the district: In and out of the district office on medical leave from July through October 1997, Mr. Tye began working at Texas A&M University on October 20 that year -- unbeknownst to board members. Just four days before he began his new job, he applied for disability retirement with the California Public Employees System (PERS).
Meanwhile, Mr. Tye remained on the district payroll, receiving more than $9,000 a month; his last paycheck was dated November 26, 1997.
The district's attorney, William Esselstein, told the Almanac at the time that Mr. Tye had wanted the district to consider November 10 his last day of employment.
Also at issue was the district's payment for Mr. Tye's enrollment in a doctorate program. Although Mr. Tye received the extra pay, he never completed the program.
Chief Julihn said that both parties agreed Mr. Tye owed the district money, but the question was how much. Mr. Tye claimed that he was owed vacation pay, and, at least initially, disputed the date the district recorded as his last day of employment.
Mr. Tye has apparently dropped his claim for disability retirement, and the district was told he has withdrawn his vested funds from PERS, Mr. Julihn said.
The district is still trying to determine how much -- if anything -- Mr. Tye is entitled to in workers' compensation reimbursement for medical costs. Mr. Tye filed claims for medical costs involving a back injury and mental stress, Mr. Julihn said.
He added that the district must consider not only whether the medical problems existed, but also if they were job-related, which is a criterion for cost-reimbursement under the workers' compensation program.
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