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HomeMy WebLinkAboutJFMC December 7, 2023 FIRE MERIT COMMISSION OF THE CITY OF JEFFERSONVILLE, INDIANA Regular Meeting City Council Chambers December 7, 2023 CALL TO ORDER: The regular meeting for December 7, 2023, Fire Merit Commission was called to order by Commissioner SPALDING at 6:00 P.M. ROLL CALL: The roll call was conducted and those present were Commissioners Thomas Spalding, Troy McCormick Sam Smith,James Dyson and Brooke Valentine. COMMISSION STAFF: Fire Merit Commission Counsel Zach Stewart, President Union 558 Brandon Hopf, Deputy Fire Chief Jason Sharp and Stenographer Cindy Seifert. GUESTS: Dante Cooper, Wes Davis, Dennis Dierking, Joseph Donahue, James Haven, Ben Hesen, Joseph Hurt, Rob Jackson, Donald Johnson, Dave Kaskie, Josh, Kempf, TJ Kiesler, Chris Kinnaird, Matt McDowell, William Meza, Kevin Michalak, Michael Osborne, Kyle Patterson, Gary Popp,Justin Rich, Brad Tetley, Antonio Veals, Sam Veals, Gary Watterson, Jason Wiesenauer, Court Stenographer Lori Fleeman, Attorney Peter Jannace and Attorney Larry Wilder MINUTES: Commissioner McCormick made the motion to approve the minutes from November 2, 2023, seconded by Commissioner Spalding, passes on a vote of 5-0. APPROVAL OF AGENDA: Commissioner Spalding made the motion to approve the Agenda, seconded by Commissioner Smith, passes on a vote of 5-0. CLAIMS: Commissioner Smith made the motion to approve a claim to Zachary F Stewart, Attorney at Law, in the amount of$2,725.00, for the attorney fees to the Commission, seconded by Commissioner McCormick, passes on a vote of 5-0. Commissioner McCormick made the motion to approve two claims to Ascension St Vincent, both in the amount of$1,566.67,for the medical testing of new hires Samuel Anderson and Justin Raley,seconded by Commissioner Smith, passes on a vote of 5-0. BUSINESS: CONSIDERATION OF UPDATED PROMOTIONAL TESTING MATERIALS FOR 2024 CYCLE Attorney Stewart presented the proposed reading list for the written exam for promotion to the Commission for approval. Deputy Chief Sharp advised that most of the material had been ordered, some received. Union President Brandon Hopf advised that the Union has no issues with the list presented. Commissioner Spalding made the motion to approve the promotional testing materials list as presented, seconded by Commissioner Valentine, passes on a vote of 5-0. Page 1of5 2023-D 002 MEMBER DISCIPLINARY HEARING 2023-D-001 MEMBER DISCIPLINARY HEARING Attorney Stewart advised the next items were the Disciplinary Hearings that had been rescheduled due to discovery issues and that bother hearings would be heard as one hearing on both issues. Commissioner Spalding made the motion to proceed to the hearing with both issues 2023-D-001 and 2023-D- 002 being heard at the same time,seconded by Commissioner Valentine, passes on a vote of 5-0. PUBLIC HEARING Court Stenographer Lori Fleeman is keeping the official hearing transcription. The following are meeting hearing notes, for purpose of hearing review, the actual transcript should be consulted. Lt. McDowell received Preferred Charges, and filed an appeal. Subsequently, he received a second set of Preferred Charges for being Absent Without Leave. Attorney Larry Wilder, counsel for the Administration, spoke first, explaining to the Commissioner's how this hearing works. Attorney Peter Jannace, counsel for Lt. McDowell, spoke next, explaining why he believes the preferred charges should be removed. Explaining that, like the game of Telephone, a statement made by McDowell was repeated and altered until the final version was that he made a threat to kill his ex-wife. That this was the actual reason he received charges. Witness: Lt. Matthew McDowell was sworn in by Lori Freeman Attorney Wilder asked McDowell to explain the events leading to preferred charge 002. McDowell states that in January 2023 he reported to Station 3, and after arriving was informed he needed to head to Station 5 that day. McDowell stated that this was a common occurrence if another station had a vacancy for the shift. He got his gear and his bed roll and traveled to Station 5 in his vehicle. While in route, he called Osborne to advise he was en route, but would be late as he was traveling from Station 3, he asked if there was someone to stand by, until he arrived. McDowell arrived at 7:15. Upon entering the Station he noticed Private Hesen in shoes that were not uniform. McDowell made a comment about the shoes, to which Hesen took offense. A comment regarding fighting over the shoe comment was made. Both Hesen and McDowell, apologized to one another and McDowell thought issue was over. He did not make comment about fighting as an invitation to physical altercation. Attorney Wilder asked if the appeal is due to the discipline he received was unjust. McDowell agreed, that he felt the discipline for the interaction with Hesen, 24 hrs unpaid time off,was unjust. Attorney Wilder asked about the attorney comments regarding the report of McDowell's threats to killing his ex- wife. McDowell states he does not recall a comment he made regarding his wife that got misinterpreted to make the Administration believe he had threatened to kill his ex-wife. McDowell believes the decision for the time off was due to the comments regarding the"threat"because during the meeting with administration,there was a suggestion to attend IAF Center of Excellence in Maryland for counseling. When he turned that down, he was given the time off. McDowell states that at that time, administration had not yet investigated the "threat" before contacting JPD and subsequently JPD contacting his ex-wife. After the Administrations investigation, he was told the "threat" comment was unfounded. That is when administration requested he attend the counselling, advising if he did not, a second investigation would be started. When McDowell asked what the Page 2 of 5 second investigation involved,the administration stated it was due to him being confrontational and fighting with other members. Attorney Wilder states that McDowell believes the 24 hours unpaid time off was unjust for altercation with Hesen. But does he believe it is correct for making threats against his ex-wife. McDowell states that those two issues are separate. Attorney Wilder moves forward to July 16, 2023, charges 2023-D-002. Wilder asks if McDowell was scheduled to work on July 16th. McDowell states he was not, that he was on paid administrative leave at that time. Attorney Jannace objected as this was outside the scope of the complaint. July 16th was noted on the Preferred Charges, however, it appears to be the wrong date. Attorney Wilder withdrew charges. Attorney Jannace began his questioning of McDowell. McDowell advised he has been a firefighter for 14 years, that he was in the Army from 2000-2004. McDowell stated that on Monday, March 13th, the was at home with his 4 children cooking dinner when FF Haven called him an told him the JPD had contacted McDowell's ex-wife to advise her of a death threat McDowell had reportedly made against her. A threat, McDowell adds was never made. McDowell was scheduled off Sunday, Monday, Tuesday and Wednesday. McDowell contacted Union President Hopf on Tuesday after he had received not other communication from the Administration. President Hopf advised McDowell that he had been in meetings with Administration regarding the threat. McDowell asked why he had not been advised of these meetings. President Hopf advised that he thought the Administration was to contact McDowell.At that point, McDowell contacted HR Director Calabro. Attorney Wilder objects to the discussion regarding the charges that were found to be withdrawn. Overruled. McDowell proceeds to recall conversation with Director Calabro. He asked her why he had not been notified of an issue, and of the involvement of the JPD. McDowell asked Director Calabro on March 16th to notify the JPD and have them notify the ex-wife that after investigation the alleged threat was unfounded and issue apology. McDowell advised that the ex-wife was never notified. McDowell advised that he reported to work at 0700 on March 16th, where he was directed in attend a meeting at 0900 with Administration. At the time he was notified of the meeting, he reached out to the Union rep to have someone in attendance at the 0900 meeting. Attorney Jannace presented a document which was a letter regarding the paid administrative leave , which alleges that while on duty McDowell made threats against ex-wife, and agitated with crew mates. That McDowell was going to be placed on Paid Administrative Leave while an investigation is held. Additionally, McDowell was to not be present on City property, have no contact with anyone in the department other than administration or his union rep. McDowell does not recall receiving this letter, he adds that he was not given much direction in regards to the investigation. McDowell advised that on March 16th, he was given an ultimatum to attend the IAF Center of Excellence for 2 months or have a second investigation opened. McDowell advised that he did not need the counselling service. McDowell advised that he was on paid administrative leave for 4.5 months. He was only allowed to contact Union Rep, Brad Tetley. Regarding the issue in January, McDowell reported to Station 3 on time, and was then redirected to Station 5. Lt Donnie Johnson was standing by for him to arrive. Lt. Johnson subsequently filed paperwork for 15 minutes of overtime. Attorney Jannace asked if this was typical,for the firefighter that stayed over, to request payment for that time. McDowell stated that in his 13 years of experience, this was the first time, that he is aware of someone charging for overtime due to a station switch. McDowell was upset that the overtime request was made, as he felt it was to get McDowell in trouble. Attorney Jannace asked about the show incident. McDowell acknowledged that Hesen was upset with the comment McDowell made, but also states that both he and Hesen discussed the issue and apologized to each other. Attorney Jannace asked about "shop talk". Shop talk is joking, razing, use of vulgarities, comments that may be "out of taste". Attorney Jannace asked if McDowell knew of other firefighters to get disciplined for comments,which McDowell answered, "no". Page 3 of 5 Commissioner McCormick asked how common it is that a firefighter get relocated to another station. McDowell advised that it is very common. McCormick asked if McDowell contacted the other station or does Administration?McDowell advised that he contact the Sergeant of Station 5 and asked for someone to stand-by. Witness: Private Ben Hesen was sworn in by Lori Freeman Attorney Wilder asked Hesen to describe the events of the shoe issue. Hesen advised that it occurred in January, that after the comment and his immediate reaction, he apologized to McDowell as he felt bad for his reaction. He advised that this occurred in front of Osborne and Johnson. Attorney Jannace asked if Hesen reported the incident to admin. Hesen stated he did not. Jannace asked if Hesen felt we had been challenged to a fight, Hesen advised he did not. Commissioner McCormick stated that the Preferred Charges notes the shoe comment was a"homophobic slur" Witness: Sgt. Michael Osborne was sworn in by Lori Freeman Sgt. Osborne is the nephew of Commissioner Smith Attorney Wilder asked Osborne to recall the events of the day of the shoe event. Osborne advised that on January 21, 2023, at 6:48 am, he was contacted by McDowell that he was running late, that he was taking kids to ex-wife. Osborne told McDowell to connect with Telestaff. At 7:05am Johnson asked Osborne who they were getting, Osborne did not have contact. At 7:15am Osborne,Johnson and Hesen were all present with McDowell entered station and said something about Hesen's "retard shoes". McDowell asked to fight and Osborne separated both McDowell and Hesen. At that point, Johnson left. At the time, Osborne did not feel it was necessary to report the incident. Sgt Osborne advised that in February Josh Kempf had made a comment regarding McDowell's demeanor. McDowell's past issues with alcohol and other incidents at work were mentioned. All issues were then brought up to the Battalion Chief and an investigation ensued. Attorney Jannace confirmed that the statement made about the shoes, as reported was homophobic, however Osborne had stated that McDowell had called them "retard shoes". Osborne confirmed that it was not homophobic. Jannace also asked for confirmation that the issue was not reported in January, to which Osborne confirmed. Witness: Lt.Joseph Hurt was sworn in by Lori Freeman Attorney Jannace asked Hurt if, in his history with being on the executive board of the Union, if the discipline placed on McDowell was normal. Hurt stated that it was not consistent with other disciplinary action. Hurt advised that shop talk was similar to what you'd expect from a construction site. He added that he is a registered nurse and the same"shop talk"occurs in that atmosphere as well. Attorney Wilder if Hurt had any proof to show that the disciplinary action was inconsistent. Hurt replied that he had been a no call/no show earlier in the year and only received 12 hours with no pay.That Josh Thompson had been a no call/no show and received 12 hours with no pay. Finch had 3 Hurt advised that Captain Kiesler made an off-color comment to Johnson, the incident when before the administration, and no action was taken against Kiesler. Wilder asked if there were any incidents regarding this administration,as that example was during the previous administration. Hurt did not have any examples. Attorney Wilder's closing- Wilder reminded the Commissioner's that they are to provide guidance whether the discipline was appropriate. Attorney Jannace's closing - Jannace stated that it is their opinion that the preferred charges were actually a result of the March event and that the discipline was not an appropriate response. Page 4 of 5 Commissioner McCormick made the motion to take information under advisement, to make a decision at the January 4, 2024 meeting, to set the deadline for the Request for Findings for January 3, 2024, and to schedule the Executive Session for January 4, 2024 at 5:00 pm,seconded by Commissioner Smith, passes on a vote of 5-0. ATTORNEY REPORT: No Report REPORT FROM LOCAL 558 UNION: Union President Hopf advised that his term as President of the Union was ending,and that Brad Tetley would be taking over as President for 2024. REPORT ADMINISTRATION: No Report FIRE MERIT COMMISSION COMMENTS: Commissioner Smith wished everyone a Merry Christmas! ADJOURNMENT: With no further business before the Commission, Commissioner McCormick made the motion to ADJOURN, seconded by Commissioner Valentine, passes on a vote of 5-0. Meeting adjourned at 8:30pm APPROVE Y: / e, -221/z/ -Th8mas krig, President Res ectfully Submitted by: IVY-W/46 '_ /(k Ci y Seifert, Stenographer Page 5 of 5