YOUNGSTOWN — City Law Director Lori Shells Simmons is leading an investigation over racial remarks made by fire chief Barry Finley toward two fire union officials.

“I’m still in the midst of my investigation,” she said. “It’s not completed yet. I’m working on it day to day.”

Shells Simmons said she is “interviewing people and I’ll continue to do so until I’m done. She is spearheading the investigation, but is getting assistance from others in the law department.

After the investigation, Shells Simmons said she will turn over her findings to Mayor Jamael Tito Brown.

Brown said after he gets the results, he will determine if there would be any disciplinary action taken against Finley.

But Brown told The Vindicator on Oct. 10 the white union officials don’t recognize they are being racist toward Finley, who is black. Brown said he would wait until Shells Simmons returned from vacation, which was Tuesday, before any decision was made.

The incident occurred Sept. 6 in the law department conference room with Finley, union President Jon Racco and union Vice President Jordan Thomas in attendance with A. Joseph Fritz, a senior assistant law director, there for part of the conversation, according to statements from the first three.

Finley admitted in his statement he loudly told them, “I am so tired of you white boys constantly coming after me for no reason, and it just never stops,” and when Thomas said he wasn’t a racist, Finley said he responded “in a loud voice, ‘you know who always says that: a racist.'”

Thomas and Racco in their statements wrote Finley used profane language when referring to them as “white boys,” and the chief stood up and threatened to physically harm Thomas.

Finley wrote after Thomas “took offense at being called a racist and stood up and leaned against the table and yelled, ‘you wanna hit me go ahead and hit me,’ to which I replied, ‘Jordan please I don’t want to hit you, and trust me you don’t want me to hit you.'”

All agreed Fritz entered the room and told Finley to leave. The chief then left.

In a previous investigation by Lou D’Apolito, a deputy law director, he determined Oct. 4 that “Based upon the fact that all three written reports were similar, there was no need to interview the parties further and draft interview statements for signatures. Since the statements were so factually similar, the letters were accepted as factual and made part of the case file. Per the employee handbook, the chief being a department head, the investigation information was presented to the mayor. The mayor has taken appropriate administrative action.”

D’Apolito said there was no reason to interview Fritz because the statements of the three others were similar.

Racco said Thursday, “We’re continuing the process, and we look forward to the outcome.”

But Brown said Oct. 10 that Finley “might be the one in a hostile work environment. We’re going to work through that,” and that “there’s a relationship issue. I think there’s some racial issues there.”

Brown said the union “doesn’t see it and the other side (Finley) is feeling it and when they let it be known they want to call it that. But I think there’s some undertones because this has been going on for too long. We’re going to look at the bigger picture. This is just a symptom. There’s other bigger pieces going on.”

There’s been a long list of disputes between the fire union and Finley since his February 2018 appointment as chief, including about 50 grievances, three unfair labor practices against the city and multiple lawsuits.

There’s also been at least five complaints since 2020 filed with the city by firefighters over Finley’s behavior toward them.

In his letter about the Sept. 9 incident, Racco wrote, “Employees of this city have the right to a safe workplace free of discrimination, harassment and intimidation and this administration and law department have a duty to provide it. I fear that with Chief Finley’s violent history, it’s only a matter of time before one of these situations results in a physical assault on one of us. I’m scared for myself and the other men and women of this department because any day could be that day.”

Shells Simmons said she is working to get Finley’s personnel record together to comply with a request from The Vindicator to review it.

Shells Simmons said Finley has four personnel files.

A review of Finley’s personnel record in late 2019 shows he was suspended for 45 days and given a 10-year notice after a Feb. 1, 2012, incident where he picked up a lieutenant from his chair and slammed him against two walls of a fire station with force that damaged the drywall.