LIVINGSTON — Four years ago, Josh Chabalowski moved his family to Montana to lead Livingston Fire Rescue. Today that career is on hold.
A month after being placed on administrative leave for undisclosed reasons following a heated argument with the city manager, Chabalowski is suing the City of Livingston to return to work while an independent investigation continues.
"I had all my career aspirations lined out... I had my credentials lined out... I said this is the next logical step," Chabalowski said.
A first responder during the Sept. 11 terrorist attacks, Chabalowski said he and his family chose Livingston after vacationing in Montana years earlier.
"I started searching around for a job, and we had made a vacation out here to Montana a long time ago and thought, why not let's just give it a shot," he said.
The city has not publicly disclosed why he was placed on leave, saying only that an outside firm— the Crowley Fleck law firm of Billings— is conducting an investigation. Chabalowski is asking a judge to issue a temporary restraining order that would return him to work.
Supporters of Chabalowski say the leave came after he raised concerns about staffing, equipment and the department's future. City leaders dispute that account, maintaining Livingston Fire Rescue is fully staffed, well-equipped and prepared to serve the community.
His wife, Brittny Chabalowski, said the legal battle is about more than getting her husband back to work.
"I'll tell you if this was just about us, I wouldn't be sitting here," she said. "It's more about what's happening on the larger scale and in my mind an unelected city administrator that has no checks and balances."
Brittny Chabalowski believes tensions escalated after fire department leaders presented concerns about staffing, equipment and future needs to the Livingston City Commission during a recent commission meeting. She also points to a heated confrontation between Chabalowski and City Manager Grant Gager following a commission meeting.
Chabalowski filed a grievance, and the city commission directed Gager to complete de-escalation training.
Brittny Chabalowski said the larger concern is making sure residents understand what she believes are the department's challenges.
"Do we just not tell the citizens that we are short-staffed and that 500 times last year, no one was in the station?" she said.
Gager declined to discuss the reason for Chabalowski's administrative leave because of the ongoing investigation but defended the city's handling of the situation.
"Things like this are difficult, and I would never make this move lightly," Gager said.
He also addressed the larger impact of the dispute to the community and city employees.
"Livingston is a passionate community. I have received three death threats in the last year and a half largely over administrative action," Gager said.
Gager also rejected the idea that Livingston Fire Rescue lacks resources.
He says city commissioners approved a nearly $494,000 increase to the department's budget this fiscal year.
The total budget grew from $4.37 million to $4.87 million, including a $137,742 increase in general fund support and a $355,885 increase in the ambulance fund.
"I think it's important to note that that budget includes increases to the Livingston Fire and Rescue Department," he said. "But it's also important to know that ambulance service in Park County and Livingston is supported by a voter-approved levy that still remains in place for several more years. And so we're excited to move forward. Livingston Fire and Rescue is well resourced."
Gager said many of the department's long-term requests—including a second fire station, a ladder truck and a SHERP amphibious rescue vehicle—would cost roughly $23 million.
"It certainly was an ambitious request," Gager said.
The ambulance levy expires in a few years, giving residents another opportunity to weigh in on the future of emergency services as the community continues to grow.
Brittny Chabalowski said the city mischaracterized the department's requests, saying the city requested the wish list, then portrayed it to commissioners as a list of demands.
"It wasn't like we need to have these $23 million dollar's worth of things. However, the way it was presented in the budget discussion was, in my opinion, intended to make it look like the fire department was being greedy," she said.
Brittny Chabalowski also criticized what she says is the city's lack of a long-term capital replacement plan.
"We have no capital replacement plan. There isn't one, so there is no plan on how we replace police cars, how do we replace fire department vehicles. There is no plan," she said.
For now, the department continues to operate under Interim Fire Chief Dann Babcox while the investigation moves forward.
Brittny Chabalowski questions whether Babcox has the certifications needed to serve in the interim role.
"The minute he touches a patient without EMT certification, the city's in trouble. We can lose our ability to bill Medicaid and Medicare, and Grant Gager has put the city into that position," she said.
Babcox said he's qualified to lead the department.
"I don't get where we are getting that I am not qualified. If there is a certificate out there that says I am not qualified, I am going to have to question the validity of it," Babcox said.
Despite the controversy, Babcox said the department remains focused on serving the community.
"It's a small community, and everybody has to work together," he said.
The Chabalowskis have filed their lawsuit in Park County District Court seeking a temporary restraining order that would allow Josh Chabalowski to return to work while the investigation continues.
"So we did file a temporary restraining order in the 6th District Court really just to put Josh back to work," Brittny Chabalowski said.
For Josh Chabalowski, the hardest part of the past month has been being away from the firefighters he led.
"I do very much. I have developed some pretty strong friendships there," he said when asked whether he misses his crew.
No matter how the lawsuit is resolved, Brittny Chabalowski said she hopes the public conversation about Livingston Fire Rescue continues.
"We're paying a high financial toll, and I can't watch that happen," she said. "I don't know how this turns out. Does Josh get fired? I don't know. Do we leave town? Maybe. But this can't continue."
Gager said Monday that the independent report commissioned by the city has not yet been completed.
He said he has been told it could be finished in about a week.
