Thursday May 11 8:46 PM ET NM Fire Blame Official Put on Leave

AP Photo http://dailynews.yahoo.com/h/ap/20000511/us/fire_blame_5.html

By BARRY MASSEY, Associated Press Writer

SANTA FE, N.M. (AP) - The National Park Service superintendent who ordered the brush-clearing fire that has raged out of control in Los Alamos was placed on leave Thursday while officials investigate.

Roy Weaver, head of Bandelier National Monument for the past 10 years, has taken responsibility for ordering the ``controlled'' burn, saying he thought conditions had been just right for the park's regular practice of clearing brush.

However, a weather forecast warned of maximum potential for fire growth in the area. Weaver has not said publicly whether he saw the forecast.

``This action is administrative in nature and in no way reflects on Superintendent Roy Weaver's decisions regarding the fire,'' said Karen Wade, director of the intermountain regional office of the Park Service.

Weaver, a 33-year employee of the Park Service whose annual salary is $79,849, was put on leave with pay. Park Service spokesman Rick Frost said it's not unusual to place an employee on leave while the agency investigates an administrative decision. He said it was unclear how long the investigation would take.

Weaver is believed to have been evacuated, and he has not been available for comment. His office phone was out of service because of the fire.

While flames from the 18,000-acre blaze charred homes and forest Thursday, members of Congress demanded a federal investigation and suggested the government consider compensating families who lost their homes and belongings.

``They obviously made the wrong decision based on the weather,'' said Rep. Tom Udall, whose district includes Los Alamos. ``This just isn't the time to have any fire burning when you have such extreme winds and no humidity.''

Even if political pressure fails to deliver money to some of the 20,000 people forced to evacuate because of the fire, the federal courts could.

Under the federal Tort Claims Act, the government is generally liable for negligent acts by its agencies and employees, said Turner Branch, an Albuquerque lawyer who met Thursday with potential clients from Los Alamos.

``You can't keep a tiger in your back yard and not be responsible if it gets out,'' Branch said. ``In this instance, the tiger is a fire and they were not ready.''

He said a lawsuit also might focus on whether the Forest Service responded quickly enough to fight the fire once it raced out of control.

The National Weather Service has said it faxed a special forecast to Bandelier shortly before the fire was started. The forecast, a copy of which was obtained by The Associated Press, told park officials there was maximum potential for fire growth: winds and temperatures were about to increase and there was a diminishing chance for the usual rise in nighttime humidity.

The forecast was headlined: ''6 HAINES INDEX THROUGH FRIDAY WITH POOR NIGHTTIME RH RECOVERY ...'' RH stands for relative humidity. The Haines Index is a measure of stability of atmosphere and potential for fire growth. It ranges from zero to six.

Udall suggested government compensation for Los Alamos residents might prevent a long court battle over damage claims.

``The issue is to what extent this was a negligent decision and if it was, I don't think we want to be forcing people into court to litigate those kind of things,'' he said. ``I think if it was, we should step up and try to remedy the losses.''

There is precedent for such a decision. A prescribed fire set by the federal Bureau of Land Management in Northern California last July raged out of control and destroyed 23 homes, causing $1.7 million in damage. A federal report blamed the BLM for several lapses, including setting the blaze despite gusty winds and failing to notify or properly protect homeowners.

The BLM accepted responsibility and agreed to compensate homeowners