LIBERTY — An arbitrator has ruled in favor of a Liberty Township firefighter, reinstating her to her prior rank as captain inspector.

Cathy Macchione had been demoted two ranks following last year’s investigation into firefighter John Beard’s overdose death in April 2020.

According to grievance documents, arbitrator Rick Bales found the township used “weak evidence” to justify demoting Macchione to firefighter.

Bales ordered the township to rescind all charges of wrongdoing against Macchione as well as pay her lost wages and benefits resulting from her demotion.

Liberty Township attorney Cherry Poteet said the township has accepted the arbitrator’s decision and restored Macchione, as of Jan. 18, to her prior position as captain inspector. Poteet said there would be no other comment about the issue from township officials.

Eight administrative charges were filed against Macchione following the April 12, 2020, death of firefighter / paramedic John Beard. Following a pre-disciplinary hearing, she was demoted two ranks in June by trustees.

On June 30, Macchione filed a grievance challenging her demotions. In August, Bales allowed Macchione’s demotion to be arbitrated. The decision followed arbitration hearings Oct. 19 and 27, 2020.

The investigation into the death of Beard led to the resignation of Lt. Josh Cleland, Lt. Justin Graham, and the retirement of Capt. Chris Olson. According to documents compiled after the police investigation, they were found to be in violation of several Liberty Township Fire Department policies and Ohio laws.

Macchione was charged with not reporting actions that could cause themselves or others to be injured while on duty. She also was charged with malfeasance and nonfeasance because she failed to report the suspected drug activities.

The basis of the charges against Macchione were three text exchanges between her and other firefighters where drug lingo was used. Bales said not a single witness at the arbitration hearing testified to interpeting the text exchanges as indicating Macchione intended to trade drugs with the others.

Rather, Bales said the text exchanges were strong circumstantial evidence and could also be interpreted as Macchione being the one who discovered the text messages among the others that triggered the entire drug-trading investigation.

Three of the charges filed against Macchione revolve around her use of prescription drugs that could have affected her safety and the ability of others to perform their duties. Macchione failed to tell her supervisors about the drugs she had been prescribed by her doctor in 2014.

However in the arbitration ruling, which was signed on Jan. 11 and released this week, Bales ruled the township presented no competent medical evidence that Macchione’s prescription for Klonopin impaired her ability to do her job.

The arbitrator pointed to the testimony of township fire Chief August Birch, who also maintained he did not believe Macchione was involved in a pill-trading scheme.

“I give significant weight to Chief Birch’s initial assessment of Macchione’s intent behind the email exchanges,” Bales wrote. “It was apparent from both the words and the intensity of his testimony at the arbitration hearing that he (Birch) has tremendous respect for Macchione, her dedication to the department, her work ethic, her character and her rapport with fellow firefighters.”

gvogrin@tribtoday.com