YOUNGSTOWN — The 7th District Court of Appeals has rejected a request from the city’s firefighters union to have an “independent, neutral” party investigate a claim that fire Chief Barry Finley threatened violence against a firefighter.

The court dismissed the case, ruling the union does “not have a clear legal right” under the city’s laws “to the appointment of an independent, neutral investigator and the city does not have a clear legal duty” under city law “to appoint such an investigator.”

“The city is pleased that the court has protected the right for the city to conduct and issue fair and thorough employment investigations,” Law Director Jeff Limbian said.

He added: “The ruling has vindicated the city’s investigative report, which recommended dismissal of the workplace complaint against Chief Finley.”

The union; Charlie Smith, its president; and firefighter Patrick Holcomb filed a writ of mandamus Aug. 24, 2020, to have the court compel the city to hire the outside investigator to look into an alleged threat made against the firefighter by Finley at an Oct. 28, 2019, meeting.

Smith said the union is “disappointed to learn of the ruling” and “remains confident in” Holcomb.

CONDUCT

Smith also said, “The chief acted inappropriately and it isn’t the first time.”

The issue started during an Oct. 16, 2019, meeting in which Finley informed firefighters that the city was reducing the number of battalion chiefs.

According to Finley, Holcomb responded: “My mom knows every judge and every attorney and if I get hurt I’m going to own you, the (expletive) mayor and the (expletive) city.”

Holcomb acknowledged his conduct was inappropriate and tried to apologize, but Finley wouldn’t speak to him the next day. Finley charged Holcomb with insubordination.

Finley said at the Oct. 28, 2019, predisciplinary meeting that if he had responded to Holcomb the day after the meeting he would have “put him through a wall.”

That is related to a Feb. 1, 2012, incident when Finley was a captain and he grabbed a firefighter and slammed him against two walls of a fire station, putting him through drywall.

That led to a 45-day unpaid suspension for Finley. He also signed an agreement that if he engaged in “aggressive conduct” against a co-worker including “threatening behavior or intimidating words or acts” during the next 10 years, he’d be fired.

Finley said the “expression ‘putting someone through a wall'” has been parodied at the fire station in the years following the 2012 discipline, according to the court decision. Also, battalion chief Fred Beehler “concurred with Chief Finley’s characterization of the phrase” used “in jest.”

Holcomb accepted the written reprimand, but said Finley wouldn’t talk to him afterward.

INVESTIGATION REQUEST

The union requested Dec. 4 and Dec. 30, 2019, and Jan. 17, 2020, to have a neutral third-party investigate the events of the Oct. 28, 2019, meeting.

Instead, Limbian appointed Terry Grenga, assistant law director, on Jan. 20, 2020, to investigate.

Holcomb told her “he felt intimidated and harassed by Chief Finley’s words at the predisciplinary meeting. Holcomb further stated that he feels intimidated ‘since Finley doesn’t speak to him,'” according a Grenga statement in the court ruling.

Grenga dismissed Holcomb’s complaint on May 30, 2020, determining Finley didn’t violate city law.

Holcomb didn’t sign or return his interview summary to Grenga and on June 4 and June 18, the union’s lawyer requested an update on the investigation as well as all correspondence, witness statements and investigative reports related to the matter.

Grenga and Limbian said the public records request was delayed because of Holcomb’s failure to return his interview summary.

As part of the Aug. 24 lawsuit, the union sought the information and attorney fees related to the records request. A week after the case was filed with the court of appeals, the city provided the union with the information.

The city filed to dismiss the public records request part of the lawsuit, which the court determined was a motion for summary judgment and ordered both sides to file to determine if legal fees related to that part should be paid by the city.

Judge Cheryl Waite wrote in a separate opinion, not supported by the court’s majority, that the union’s request for legal fees should be dismissed.

OTHER ISSUES

This is one in a long series of issues between the union and the city administration, particularly Finley.

Mahoning County Common Pleas Judge Maureen Sweeney recently sided with the State Employment Relations Board that the city unfairly retaliated against the firefighters union when it sought to eliminate three battalion chief positions after agreeing to provide upgrades to the department’s radio system.

Sweeney wrote: “The evidence establishes that the city, through threat and subsequent elimination of the battalion chief positions, sought to deter the union from exercising its right to pursue a grievance.”

The union contacted a state agency that determined in July 2020 the city had failed to protect firefighters from the COVID-19 pandemic. Those four health and safety hazard violations have since been resolved.

The administration closed fire stations on a rotating basis last June and in October 2018 because of overtime costs, which the union said posted a danger.

The union issued a no-confidence vote against Finley in December 2019, and the city closed a North Side fire station that same month over the objections of the union.

dskolnick@tribtoday.com