Courtesy The Island

A witness shot this photo of what they said is Fire Chief David Kapler filling a blue BMW coupe with gas at Fire Station One on Saturday, August 14.

Alameda officials say they are looking into claims that Fire Chief David Kapler used the Fire Department’s gas pumps to fuel personal vehicles, something critics say is against city policies but Kapler says is permitted under his employment agreement.

Two witnesses told The Island that on Saturday afternoon, they saw Kapler and a female companion pull into Fire Station One in a blue BMW and fill the tank. They say instead of writing in the number of the vehicle being fueled — as firefighters typically do — he wrote down his radio identifier.

They say Kapler pumped 11 gallons of gas. The witnesses didn’t want to be identified for fear their employment would be in jeopardy.

To be sure, Kapler’s employment agreement allows him to use his private vehicle in lieu of a city-owned one when he is away from the department and on call, an option he chose to exercise. But Kapler has generally used a Honda Ridgeline truck, which was apparently outfitted with radios, lights and a siren by the municipality, for official business, according to Domenick Weaver, president of the Alameda firefighters' union.

Critics question whether Kapler is now filling up the tanks of a second car, the BMW, for personal use.

“I have two vehicles, and I use either,” Kapler said.

A third witness, who also declined to be named for fear of jeopardizing their employment, said they have seen Kapler fill up a BMW at Fire Station Four about four to five times. The witness says they also saw Kapler fill up an all-terain vehicle at Fire Station One on one occasion. These incidents happened since he became Alameda’s fire chief in October 2007, the witness said.

Kapler denied fillling up his all-terrain vehicle with city gas.

The third witness went on to say that they occasionally saw Kapler fill up the BMW at a fire station pump at 11 or 11:30 at night, which they thought was “strange.” They said Kapler failed to sign the log indicating that he filled up his tank on one occasion.

“We knew he could fill his personal vehicle for business,” the witness said. “But when he started bringing in [the BMW], people started to question it.”

Kapler said Tuesday that use of the department’s gasoline is allowed under his employment contract with the city because he uses his personal vehicle for city business, instead of driving a city-owned car.

“I’m always on duty," he said. "So whatever vehicle I’m in, I’m available to respond.”

Kapler's three-page employment agreement grants him a $250-per-month car allowance, but appears silent on the use of the department’s gasoline.

Mayor Beverly Johnson, who on Tuesday saw photos of Kapler filling up the BMW, said the claims caused her “a high level of concern.”

“People should not be filling personal vehicles at city facilities,” said Johnson. “There would be no reason for someone to be filling a personal vehicle at a city facility.”

Johnson said that Interim City Manager Ann Marie Gallant is planning to look into the claims and read over Kapler’s contract. Gallant could not be reached for comment Tuesday morning.

Domenick Weaver, the firefighters' union president, said if anyone else in the department were caught using the department’s fuel for a personal vehicle while they were off duty, it would “probably be a terminable offense.”

“I am absolutely shocked and disappointed by what I’ve been shown," Weaver said, referring to the photos of Kapler. "I have never seen or heard of anyone using the city fuel for their own activities. This certainly warrants an investigation to ensure that the community is not being taken advantage of, as well as appropriate discipline by the city manager.”