Attorney: Potentially Defamatory Remarks Have Krizik Rethinking Retirement Pact

Lawyers for Fire Chief Bryant Krizik and the are working to alter a recent agreement between the two to professionally part ways after claims were made about items on a computer that Krizik’s lawyer says are without merit.

Krizik has a legal right to withdraw from voluntarily retiring as fire chief of the OFPD within a week from Tuesday, the day the agreement was , said Krizik's attorney Rich Gonzalez. A main component of the agreement was for both parties to stop pursuing allegations of wrongdoing against each other, Gonzalez said.

“The spirit of it was to use discretion and let everyone move on,” Gonzalez said. “Since then some wild allegations were made. No one said anything involving computers until recently. The whole purpose of the settlement was to not make claims and allegations. He had claims himself to bring forward if he chose, but we all decided to work out a settlement, not waste taxpayers’ money on litigation.”

Within an hour of the board approving an agreement to end three months of paid leave while Krizik was investigated——board president James Hickey said he was personally “disgusted and shocked” by information found on a laptop used by Krizik.

“It was not only his to use,” Gonzalez said about the laptop. “People in the station knew how to use it, how to log on. It was used for training material, and for other needs, by all kinds of people.”

Gonzalez said the agreement includes standard legal language that states neither Krizik nor the district was guilty of misconduct. No formal charges were filed against Krizik nor were any findings of misconduct made, Gonzalez said.

“This never even got to the investigative state,” Gonzalez said. “Under statute that would’ve been the next step if charges were filed, but that never happened.”

Aside from choosing not to retire, Krizik could potentially file suit against the fire district for breach of contract, retaliatory discharge, firing for political reasons and defamation. However, Gonzalez said he will be working with Karl Otteson, attorney for the fire district, to “get everyone back on the same page with the agreement and move on,” Gonzalez said.

“This doesn’t do any people any good,” Gonzalez said. “I hope we can get back on the same page.”