Chester Assistant Fire Chief Threatens Legal Action

October 19, 2021 by John Karlovec

Chester Township’s assistant fire chief has threatened to sue the township, trustees and Clemans Nelson, an Akron-based human resource management and consulting firm hired to investigate whether or not any member of the Chester Township Fire Department violated state laws governing the department.

Karen Moleterno, who has served the township for 34 years, including the last 15 as assistant fire chief, plans to pursue state and federal claims of sex discrimination, sex harassment, retaliation and violation of Ohio’s Open Meetings Act, according to a Sept. 24 letter her attorney, Jack E. Moran, of Cleveland-based McCarthy Lebit Crystal & Liffman Co., LPA, sent to trustees Walter “Skip” Claypool, Joseph Mazzurco and Ken Radtke Jr., and Clemans Nelson Vice President Michael Esposito.

Trustees had placed Moleterno on paid administrative leave on July 16, 2021, following months of investigation and interviews of township employees, but reinstated her effective Aug. 31 with dramatically altered job responsibilities, according to Moran.

“There is no record in the trustee minutes of this decision being made or a vote being held,” Moran said of trustees’ decision to reinstate Moleterno. “Bizarrely, Claypool told Karen that the demotion, which came with a relocation out of the fire station, was no ‘discipline’ — even though the trustees’ letter communicating the decision began with a discussion of allegations of misconduct against Karen.”

Moran said trustees’ misconduct began in February 2021, when Claypool asked Fire Chief John Wargelin — who also was placed on paid administrative leave on Aug. 27 and which has been extended several times and is now through Oct. 21 — to have Moleterno outline her job responsibilities.

“Upon information and belief, Claypool did not seek similar information regarding job responsibilities for any other fire department employee — the rest of whom are male — instead targeting only Karen,” Moran wrote. “Nevertheless, Karen dutifully provided the information, along with a copy of her resume.

Moleterno has earned three graduate degrees, including a master’s degree in public administration. In addition to being a firefighter, she also is a certified paramedic, a licensed community health worker and a credentialed Ohio fire Chief. She also is an EMS coordinator for University Hospitals and is the first full-time female captain in the Cleveland Hopkins Airport Fire Department.

Her most recent performance evaluation described her as “’very knowledgeable,’ ‘shows initiative,’ ‘brings new ideas and processes,’ ‘a valuable asset to our department and community,’ all the result of ‘dedication . . . [that is] generally appreciated and valued,” Moran wrote in his letter.

“Meanwhile, her personnel file is completely devoid of anything even remotely approaching criticism or discipline,” Moran said. “We expect that you will not seriously challenge that Karen’s career as a first responder has been impressive by any objective measure.”

Approximately two months after Claypool requested Moleterno’s job duties, trustees approved a 1.5% pay increase for all township part-time fire department employees, except her. She was given only a 1% pay increase. Confused by the apparent disparate treatment, Moran said Moleterno sent a letter to trustees asking for an explanation. Trustees never replied.

Instead, in April Claypool scheduled what he called a “meet and greet” with Moleterno at the fire station.

“Once again, Claypool questioned Karen on her job responsibilities, insinuating that her position (which she had held for fifteen years) was somehow unnecessary and asking questions like: ‘What do you do for us?’ and ‘If you weren’t here, what wouldn’t get done?’” Moran said, adding Claypool volunteered Moleterno’s subpar pay raise was “not” because she was a woman — something she had never suggested.

Moran said Claypool also called Moleterno a “rare bird” because she was the “one female at this station.” Unprompted, Claypool admitted he did not “know what a lot of ‘modern’ fire departments look like from a diversity standpoint,” but that he recalled needing a “mental shift” when women began joining him in the Air Force, as he needed to start “watching our language,” Moran alleged.

Moran also claimed Claypool asked Moleterno whether “the guys” having “a bit more body strength creates additional issues for you?”

Moleterno acknowledged being a female “in a man’s world” was a challenge, but for a different reason: male firefighters occasionally do not want to take order from a female superior.

Later in April, Clemans Nelson and one of its investigators began interviewing township employees. Moleterno’s coworkers described the interviews to her as a “witch hunt,” Moran said.

Then, on July 16, Moran said Moleterno was summoned to the fire station to meet with trustees, Wargelin and Clemans Nelson, and was provided a “draft” document consisting of allegations against her — all of which were untrue.

“At this point, the purpose of the meeting became clear: the trustees and Clemans Nelson wanted to eliminate a decorated female firefighter, but were too afraid of legal consequences to actually terminate her employment,” wrote Moran.

Moleterno allegedly fought back and pointed out flaws in the investigation, including the failure to interview 11 department members who refused to “participate in the charade,” he added, noting at that point the draft document was taken back and instead she was placed on administrative leave pending further investigation.

“Considering the strength of Karen’s claims, we believe that the actors identified herein have exposed themselves to liability for any economic loss, noneconomic compensatory damages, attorneys’ fees and other damages,” Moran wrote. “As such, we anticipate that you will want to review this letter with appropriate personnel soon.”

On Oct. 12, the Geauga County Maple Leaf emailed trustees and invited them to comment on Moran’s letter. Three days later, Claypool sent a reply email.

“The BOT (Board of Trustees) has been advised by our counsel to not publicly comment on this matter,” he wrote. “Any actions taken by the trustees were based on facts presented to us by our independent HR firm.

“In addition, the board has relied upon the advice of our experienced legal counsel in this matter to make sure that we have complied with the law. Our counsel will be addressing the claims set forth in the letter with Ms. Moleterno’s attorney. As the chairman of  the BOT, I will say that we deny the accusations set forth in the letter.”

On Oct. 15, Moran said Clemans Nelson finally interviewed Moleterno as part of its ongoing investigation. A week earlier, on Oct. 8, the firm interviewed Wargelin, a source familiar with the investigation told the Maple Leaf.

Wargelin previously has told the Maple Leaf trustees have never told him why he is on administrative leave. He is being represented by attorneys Todd Hicks and Bridey Matheny of Chardon-based Thrasher, Dinsmore and Dolan.

Vote of No Confidence

Also last Friday, the Chester Township Firefighters Association, which represents part-time firefighters, sent an official correspondence to Chester Township Trustees stating union members no longer supported either Wargelin or Moleterno.

“This unanimous vote shows that the rank and file membership of the Chester Township Fire Department is unified in their belief that the administration of Fire Chief John Wargelin and Assistant Chief Moleterno are detrimental to safe, efficient and proper operation of the department,” union President Ben Bindokas, Vice President Marc Sherriff and Treasurer Adam Way wrote.

The union noted significant department turnover under their administration, attributing much of it to the manner in which Wargelin and Moleterno “treat their employees, the culture they foster and the mismanagement during their tenure.”

The union bosses said Moleterno’s treatment of subordinates repeatedly was brought to Wargelin’s attention and dismissed repeatedly by him.

“This mismanagement and turnover has led to a dangerously low staffing level in the township,” they said. “In the interim, our membership remains committed to providing the highest quality emergency services possible.”

On Tuesday, Bindokas told the Maple Leaf there are 18 members in the firefighters’ union. Sixteen of them voted in person and one abstained. The vote was held Sept. 27.

However, the union president could not say how many firefighters have quit because of Wargelin and Moleterno’s administration.

“I don’t have specific numbers readily available at this time, therefore, I am unable to comment at this time,” he said.

Bindokas added he would not be interested in applying for or being considered from the chief’s job if Wargelin were removed.

Moran called the “timing and circumstances” of the union letter “deeply troubling.”

“This letter comes on the heels of Assistant Chief Moleterno’s legitimate, written concerns about unequal pay and the antiquated belief that women should not be firefighters,” he said Tuesday. “Assistant Chief Moleterno, who has served as a Chesterland first responder for over three decades with a pristine performance record, sent her serious concerns to the trustees several weeks ago and there has been no response from them. We are hopeful that steps will be taken to correct this situation. If it cannot be resolved, then we look forward to further discovery about the origin of this recent letter, which is inaccurate and strangely not addressed to anyone in particular.”

Statement from Fire Chief John Wargelin’s Attorney Todd Hicks

Todd Hicks, attorney for Chester Township Fire Chief John Wargelin, issued the following statement to the Geauga County Maple Leaf on Tuesday:

While we believe the investigation is unfounded and has gone on far too long, we respect the process and I will not go into details on that matter at this time. However, I do want to address the issues raised in the Oct. 15 letter from the President of the Firefighters Union indicating that the part-time firefighters have voted no confidence in Chief Wargelin and Assistant Chief Karen Moleterno.

• In the letter, the Union President suggests that staffing shortages are due to the actions of Chief Wargelin and Assistant Chief Moleterno. This is surprising since the Union President previously texted Chief Wargelin about staff shortages and said, “If the trustees are under the impression that these drastic shortages are exclusive to Chester, I assure you they are not. I could show you many more examples of that and my friends in other departments tell me the same story there.”

We all know that firefighting is a demanding job and that firefighters, like others, take the highest paying position available to best provide for their families or they opt for opportunities closer to home. Chester is not one of the higher paying communities in the area.

• While the Union President suggests there has been mistreatment of the firefighters, there has not been a single grievance filed since the union was put in place that alleges mistreatment or improper discipline of an employee. If the situation was so bad, as the Union President contends, why has he never pursued a grievance?

• Similarly, while the Union President claims there are safety issues that have not been addressed, no grievances have been filed. If the workplace was unsafe and the Chief refused to address it, one would think the union will pursue a grievance for the protection of its members.

• The firefighters were asked to respond to a survey by the Trustees and their investigators. Many of the questions focused on how they are treated by the Chief. The results of that survey were largely positive and the claims now made by the Union President are not supported by the survey responses. I believe you have copies of the survey responses. If you do not, I would be happy to provide them.

In summary, while we have no doubt that the Union President would like to see Chief Wargelin terminated (and he has previously expressed an interest in the Chief’s job), his statements are entirely unsupported by facts. Chief Wargelin has been on administrative leave for nearly two months and he has not been permitted access to the fire station. In his absence, the Union President has clearly taken this opportunity to try to drive a wedge between Chief Wargelin and the firefighters.”