JAY — Selectmen found that a former Jay Fire Rescue Department captain did not “willfully” intend to endanger junior firefighters when he let them participate in a training session with fake smoke in September.

Selectmen voted Nov. 9 not to uphold Chief Jim Shink’s termination of former Capt. James Butler Jr. but did demote him to the level of firefighter, according to the board’s findings of fact released earlier this month.

The decision came after a four-hour hearing behind closed doors and 45 minutes of deliberation.

Shink terminated Butler on Oct. 6 citing violation of Section 14 of Jay Fire Department Standard Operating Procedures, under Personal Conduct, Grade III, “Willfully endangering the safety of others” and “Employee actions result in extremely poor judgment and or extreme disregard for the welfare of that person or others” when he allowed two junior firefighters to wear air packs without being fit tested.

Those firefighters had not been tested to make sure they were fit enough to wear self-breathing masks and that the masks fit.

Shink also cited Butler for use of a fire truck to attend a training session on Sept. 29 without first obtaining prior authorization, according to the finding report.

The board heard and considered testimony and exhibits.

The board found that Shink “did not meet his burden that cause existed for the termination of Butler from this position.”

“With the allegations of Mr. Butler ‘willfully endangering the safety of others,’ the board does not feel Mr. Butler ‘willfully’ intended to endanger the junior firefighters. Sonny Dunham, Wilton fire chief, testified that his junior officers participated in the training with air packs, and his Department encouraged the Jay junior firefighters to participate, indicating ‘It would be good for them,'” the report states.

However, Dunham also said that his Department did not realize the junior firefighters had not been fit tested.

“The board believes Mr. Butler when he testified that upon encouragement from senior officers of the Wilton Fire Department, he agreed to allow participation by the junior firefighters only because he did not know that the fit-testing was required during a training session with fake smoke,” findings state.

“The board feels Mr. Butler did not make the correct decision, but do not feel the decision was ‘willfully’ made to endanger the welfare of the junior firefighters,” it states.

Selectmen also said that former Fire Chief Scott Shink, Jim Shink’s brother, failed to properly document disciplinary actions against Butler.

Butler was fired from his job as Jay’s building inspector due to issues of trust that initiated with the Fire Department earlier this year. Those included using a Department credit card without permission for an inn room and meals during a training session in 2008.

“No evidence was given that Mr. Butler has ever acted inappropriately or unprofessionally at a fire scene,” Nov. 9 findings state. “The testimony of (Jay) Assistant Fire Chief Tim Toothaker was very convincing in his description of Mr. Butler’s performance of a firefighter.”

By the fire chief’s own admission, Butler has an extraordinary amount of firefighter training.

The board found that Butler is passionate about firefighting and the Jay Fire Department and it would be a “shame to lose such a passionate and dedicated firefighter within the Department, though it was noted and agreed to by Mr. Butler himself that he sometimes needs to be conscious of his behavior and his intensity.”

The new regime commencing at the Department looks to contain more oversight, which the board believes will help Butler and others within it to succeed, the report stated.

Butler said previously he was satisfied with the board’s decision and happy to be back at work. Shink was unavailable for comment.

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