While the Mount Gilead Village Council voted unanimously for the termination of Fire Chief Chad Swank, Swank has some questions on how the process was handled as he runs for mayor of Mount Gilead.
The council voted for termination of Swank’s employment as fire chief after several letters of reprimand were given to Swank along with counseling and directions concerning unprofessional behavior. Mayor Donna Carver said the village followed due process in investigation of allegations and followed the strict Ohio Revised Code (ORC) for the protocol for termination of a fire chief.
Following the investigation, a hearing was held to examine the details of the charges against Swank. Public records of the village include two volumes of transcript proceedings from hearings on complaints against Swank. The 90 pages of the transcript includes testimony from several witnesses and village officials as well as rebuttal from Swank with his attorney.
The summary of charges include insubordination because of directives of the village for Swank not to paint a newly acquired ladder truck. The village had directed the ladder truck to be painted only after repairs were made so that adequate funds could be approved and reserved for all the work. Swank went ahead in June with painting in spite of the directive. Swank’s response is that the written work contract did not stipulate this directive in writing.
A second charge concerned policy of ethics of public employment. This involved a meeting about Freedom Fest on May 8 when Swank requested payment of $3,200 from a Freedom Fest official to staff the Mount Gilead Fire Department during the event. The official said he didn’t think it necessary to pay the $3,200 to staff the department. Swank advised the official that he could shut them down. Carver, who was in the meeting, said she spoke up to say he could not do that. Further, when the Freedom Fest official said he wouldn’t pay $3,200, Swank indicated he would not respond to fire calls or guarantee staffing. In addition, he said if he didn’t receive payment of $3,200, Freedom Fest would need to sign a release and waiver holding the village harmless.
Carver said the official had asked that the village only provide inspection and at no time was staffing during Freedom Fest requested. The charge states Swank’s attempts to obtain payment of $3,200 with threats constitutes bribery, gross neglect of duty, misfeasance, malfeasance and nonfeasance in office.
Swank said his remarks were meant to ensure the safety of the event and village and were not meant in any way as bribery.
Charge three on June 2 was about Swank making inappropriate comments to an EMS employee in the presence of a patient and trainee while providing service to a patient. In addition, during the incident, Swank permitted a non-village employee to drive a village vehicle, the chief’s vehicle contrary to village policy. Finally, Swank failed to complete appropriate paperwork in a timely manner following services to this patient.
The charge notes “Chief Swank had previously been advised by the Village regarding his obligation to act in an appropriate and professional manner. Further, Village Policy requires the image of the Village to be protected at all times.” (Policy VII, Discipline.)
One charge was dropped at the time of the hearing and the final charge concerned failure to comply with orders to remain available while he was placed on paid administrative leave on June 20. He was not available and left the state during that time and couldn’t be reached for questions or other matters.
When Swank was asked whether he felt the process which ended in his termination was fair, he immediately and emphatically answered, “No.” Swank said he felt due process had not been followed. One example he gave is that staff and people from Mount Gilead Fire Department had not been interviewed as part of the investigation.
He believes the investigation of the comments he made to an EMS staff member was not done properly. He said comments made in the past were treated as casual banter and friendly.
He said he received a letter on June 20 placing him on leave, but with no reason except that the mayor was conducting an investigation into allegations of misconduct and unprofessional behavior.
Carver said he did receive a list of potential charges a few weeks in advance of the hearing. She said he was unavailable to receive the amended list when it was delivered several days before the hearing.
Swank said the village notice to him of termination was received Aug. 10 when the decision was made Aug. 1. He feels he didn’t get exact reasons for the termination and a different reason for the termination was given by another agency.
Swank said he believes 90% of problems could have been fixed with better communication and not escalated to the issues stated as charges. He would have liked to have had more conversations with the mayor before the hearing and when things had escalated to that point.
As permitted by the ORC, Swank has filed an appeal with Common Pleas Court and is waiting for a date to be set by the court.
Carver said she is confident the village followed the ORC protocol for termination. She added the procedure for terminating a fire chief is much more stringent than for other village staff. The village was represented by attorney Benjamin S. Albrecht whose field of expertise is labor and employment in state, local and municipal and administrative law.
Alberta Stojkovic is a correspondent for The Morrow County Sentinel.
