Bainbridge Upholds Fire Chief Suspension
Following an appeal held in executive session with attorneys from both sides, Bainbridge Township Trustees voted unanimously Monday to uphold their July 14 decision suspending…
Following an appeal held in executive session with attorneys from both sides, Bainbridge Township Trustees voted unanimously Monday to uphold their July 14 decision suspending Fire Chief Brian Phan for two weeks.
The suspension is for neg-lecting to notify them about several accidents involving township-owned vehicles on a timely basis, as required in the employee manual.
Trustees had held several executive sessions during the last few months to discuss the issue, and decided two weeks ago to suspend Phan, which they said followed the disciplinary procedures outlined in the manual.
Under the policy, trustees have the ability to discipline an employee first with a verbal warning, followed by a written reprimand, followed by suspension if they believe the problem persists.
According to Phan’s personnel file, trustees gave him a verbal warning on May 24, 2010 and a written reprimand on Oct. 22, 2012, charging him with inefficiency and failure to notify them of the incidents.
Missing funds from the fire department’s 2011 clambake and criminal misuse of a credit card by a fire department employee ocurred under Phan’s watch, and trustees reprimanded the chief for failing to report the incidents to them in a timely manner.
Phan suffered a heart attack in September of 2011, and returned to duty in December, according to a pre-disciplinary hearing on Sept. 20, 2012, the record of which is in Phan’s personnel file.
The hearing determined that although Phan should have reported the credit card incident sooner, he was not guilty of inefficiency or wilful disregard of rules and policies, as trustees had charged.
At that time, neutral hearing officer Edward Brice recommended trustees give Phan a written reprimand in the credit card incident.
In July, trustees decided to suspend Phan over failing to report “most of” 11 damage incidents involving fire department vehicles, including a November 2011 accident in which a firefighter lost control of a township-owned SUV during icy conditions on Pettibone Road as he was running an errand for the department.
Phan and his attorney, Mike Pio-trowski, appealed the suspension. Monday night, trustees and their attorney, Assistant County Prosecutor Bridey Matheny, met with Phan and Piotrowski during an hour-long executive session.
Following another hour of deliberations in executive session with Matheny, trustees went into public session. Trustee Lorrie Sass Benza issued the following statement: “Following the appeal, which was heard in executive session Aug. 4, in consideration of all the arguments as presented, the board wants to make a motion affirming its decision of July 14, 2014, a move which was consistent with the
recommendation of the hearing officer.”
The motion passed unanimously.
“It’s disappointing,” Trustee Jeff Markley said after the vote. “It’s unfortunate, but personnel issues really are difficult. We’re trying to achieve a good fire department for our residents.”
Following the meeting, Benza said Phan may file yet another appeal of the decision if he chooses.
“It’s my understanding that he can appeal to the state personnel board of review,” Benza said.
Phan and Piotrowski left without comment before the action was taken.
Phan, 47, has served on the fire department since 1987 and has been part-time chief since 1998. He makes $44,000 a year.
He works as a full-time firefighter for the University Heights Fire Department, and served briefly there as interim chief for several months in 2013.
In January of 2011, members of the Bainbridge Fire Company recommended replacing Phan with Assistant Chief Bill Lowell, due to what they said was Lowell’s availability, the need to improve the community’s perception of the department, and a need to improve morale in the department.
The Fire Company pulled out of its contract with the township in 2012.
