YOUNGSTOWN — Though Youngstown fire Chief Barry Finley worked an average of more than 31 hours per week for Mercy Health, an Ohio Auditor’s Office investigation found no issues with it because he is a salaried employee for the city and “not required to work a set schedule.”

The preliminary audit states: “No criminal aspect was identified,” and “we recommend closing the preliminary audit and investigation.” The report was filed by Rick Kridler, a fraud investigator for the state auditor’s office, and Cara Yoder, a forensic audit manager for the office.

Finley said, “There’s nothing to it. We’re not required to be at our departments the entire time. I’m available 24 hours a day and even when I’m on vacation. You don’t have to be here Monday through Friday 8 to 4 or 9 to 5. I don’t know what they thought they were going to find. I’m not doing anything I’m not supposed to.”

The document closing the case states the auditor’s office received an anonymous online complaint Nov. 12 alleging Finley had “multiple outside employment where he was being paid for work completed that overlapped normal working hours with the city.” The office’s special investigation unit started looking into the allegations Dec. 3.

The allegation contended Finley was operating a heating and air conditioning company and also worked at Mercy Health’s St. Elizabeth Youngstown Hospital as an emergency medical services coordinator, working numerous hours during the day.

The report states the auditor’s office asked the city law department for Finley’s personnel file, time records, pay records and positional documentation and was told that as “a salaried employee” he is not required to keep timekeeping records and “does not have set working hours or days.”

The report states that the auditor’s office wasn’t able to find any information on a heating and air conditioning business and the office subpoenaed Mercy Health for Finley’s records there.

The documents showed Finley was a registered nurse there from 2020 to February 2023. Finley said he’s been a registered nurse since 2009 and used to work at St. Elizabeth on Sundays.

He was promoted in 2024 to be the hospital’s EMS coordinator as a part-time employee.

The records show he worked about 1,630 hours last year at the hospital, which is more than 31 hours a week.

Finley said he doesn’t have an office at the hospital, but he works hard at his jobs and his hospital work doesn’t interfere with being fire chief.

The auditor’s office report states its officials met with Mayor Jamael Tito Brown who “explained Finley’s salaried position, where he is available to conduct work at all points in time during all days of the week. Brown additionally stated that outside employment is not a specific conflict for Finley working as fire chief. The hours Finley is working,” particularly last year, “was discussed with Brown where he agreed that the appearance of Finley doing so may be what has caused the complaint.”

The case was closed Jan. 15.

The report states: “No criminal aspect was identified as Finley was verified to be a salaried employee with the city and he is not required to work a set schedule. Accordingly, we recommend closing the preliminary audit and investigation.”

Brown said of the probe, “Nothing was found because there was nothing there. We’re glad this is behind us and he can focus on being fire chief.”

Asked if he knew who was behind the complaint, Finley said, “Yes, but I’m not going to say. I have my suspicions. Things haven’t changed, and nothing is going to change. Considering what everyone thinks, I can walk and chew gum at the same time.”

Finley was referring to a city investigation that was occurring at the same time as the auditor’s complaint.

City Law Director Lori Shells Simmons conducted an investigation into a Sept. 6 meeting in the law department in which Finley made racial remarks toward two union officials and then expressed regret when asked about the comment by city lawyers.

Brown decided on Dec. 9 to “not take disciplinary action against Finley regarding this matter.”

Brown said at the time: “Unfortunately, what is evident is an environment of continuous tension and distrust between union and department leadership, and a history of antagonistic behavior towards Chief Finley. This resistance to change threatens the ability of the chief to implement the needed initiatives to modernize the department and ensure the safety of our community.”

Shells Simmons recommended professional development training for Finley and his ranking officers as well as sensitivity training for the entire fire department.

Brown told The Vindicator on Oct. 10 that the white union officials don’t recognize they are being racist toward Finley, who is black.

Finley acknowleged in a statement to Deputy Law Director Lou D’Apolito, who did a brief investigation, that he told the two union officials at the Sept. 6 meeting, “I am so tired of you white boys constantly coming after me for no reason, and it just never stops.”

The union officials said Finley used profane language when referring to them, and he stood up and threatened to physically harm one of them.

The union on Dec. 23 asked Shells Simmons to reopen the investigation saying the findings were incomplete and inaccurate. The investigation wasn’t reopened.

The union wrote in the Dec. 23 letter that Shells Simmons failed to interview all parties involved in the Sept. 6 incident and her “summary does not address Chief Finley’s violation of city policy on workplace violence.”

The letter questioned why “would the city administration fabricate vague justification and excuse a department head for this misconduct? Why has the city administration defamed us in retaliation for filing these complaints?” and “how can Chief Finley, who admitted to racially harassing subordinates in his own statement, continue to head a city department without his prejudice being a concern?”

There’s been a lengthy list of disputes between the fire union and Finley since his February 2018 appointment as chief, including about 50 grievances, a December 2019 vote of no-confidence, a number of unfair labor practices against the city and multiple lawsuits.

There have been at least four complaints since 2019 filed with the city by firefighters over Finley’s behavior toward them that are not in the chief’s personnel files kept by various city departments.

Finley’s annual salary is $105,659. He retired March 15, 2024, and was rehired three days later by Brown.

Finley retired to start receiving his pension and a state Deferred Retirement Option Plan payment as well as a $74,103 lump-sum severance payment from the city, mostly for unused sick time and unused vacation time.