YOUNGSTOWN — With it highly unlikely that Mayor-elect Derrick McDowell would retain him as fire chief, Barry Finley, who has a contentious relationship with the firefighters union, withdrew from consideration for the job.

Finley, who retired March 15 and was rehired by Mayor Jamael Tito Brown three days later, will leave the fire department Dec. 31, the day before McDowell becomes mayor.

Finley started with the department in 1983, with Brown appointing him chief in February 2018.

Finley contends he didn’t reapply for his position. But McDowell said Finley “did officially reapply for the position of fire chief and was subsequently interviewed. Ultimately, the recent decision of resignation belongs entirely to Chief Finley.”

In a letter to McDowell, dated Nov. 19 that became public late Tuesday, Finley wrote he wouldn’t reapply “from a place of respect — for you, for the work ahead of your administration and for the city I love. I do not want my continued presence to become a distraction or hinder the momentum and success you are preparing to build.”

McDowell said Finley “more than faithfully served our community and has commanded the fellow respect of his fellow firefighters throughout his decades-long service. As mayor-elect, I respect his decision and thank him for his service and dedication to public safety.”

McDowell said he expects to select a new fire chief and police chief by Dec. 12. Police Chief Carl Davis is interested in keeping his job.

Because Finley already had retired, he cannot return to his previous job in the department. It’s the same for Davis, who retired May 5 and was rehired by Brown two days later.

Finley wrote in the letter to McDowell that he is “committed to supporting a smooth and effective transition,” and is “willing to assist the incoming fire chief in any way needed during this period.”

McDowell said: “Youngstown is entering into a new chapter. Change brings opportunity. This is an opportunity to build on the strong foundation Chief Finley and those before him leave behind; to unite around our shared commitment to public safety, and to shape the future of the department with transparency, vision and community partnership.”

McDowell added that he wants to work “with all stakeholders, firefighters, city employees and residents to build a more effective, responsive and inclusive Youngstown Fire Department for everyone.”

Alluding to multiple issues he’s had with the firefighters union, Finley wrote: “My hope is that my successor will have the support and resources necessary to lead YFD into a progressive, thriving and resilient future. While you can possess all of the motivation, guidance and leadership, without support you will surely fail.”

Fire union President Chris Weaver, on behalf of the union, said Finley’s comments about issues with the firefighters are “disheartening to the members. But a lot of these issues could have been better resolved with the cooperation of the chief and the administration in willing to sit down with the union and work towards a common ground, along with following proper procedures and labor laws.”

Weaver said the union looks forward to working with McDowell and his administration to enhance and move the department in the future.

FINLEY ISSUES

There’s been a lengthy list of problems between the fire union and Finley since his February 2018 appointment as chief, including about 50 grievances, a December 2019 vote of no-confidence, three unfair labor practice rulings against the city by the State Employment Relations Board and multiple lawsuits.

The 7th District Court of Appeals in December 2021 agreed with the union and SERB that the city illegally retaliated when it chose to provide upgrades to the department’s radio equipment and then decided to save the money from that expense by eliminating three battalion chief positions through attrition.

The appeals court also upheld a Mahoning County Common Pleas Court decision that failing to promote a captain to a vacant battalion chief’s position was contempt of court.

City council in February 2022 agreed to restore the three battalion chief positions, two of which were vacant at the time.

While a SERB ruling isn’t final on another unfair labor practice allegation filed by the firefighters union against the city, Finley apologized for the racial remarks he made that prompted the complaint and the city has not disputed his statements.

The SERB decision to issue an unfair labor practice could come as early as next week.

In an Aug. 20 text message to firefighters sent after the SERB hearing, Finley wrote: “It was decided that I did create an unfair labor practice” when he met Sept. 6, 2024, with Capts. Jon Racco and Jordan Thomas, then the firefighters’ union’s president and vice president, respectively. Finley, who is black, made racial remarks to the two white union officials at the meeting.

Finley wrote in the text: “I would like to apologize to both captains for my actions at that meeting and ensure you that this sort of thing will never happen again. I’m also hoping that we as a department can set aside all the differences we have and focus on driving this department straight ahead. We actually have a lot of work to do but a short time to accomplish it. Again my apologies to both captains and all of YFD for my actions.”

In addition to determining if the city committed an unfair labor practice in violation of state law by attempting to intimidate the firefighters union, SERB will decide if the city committed an unfair labor practice by not bargaining on emergency management services training courses.

A May 8 probable cause report from Robert E. Fekete, SERB’s general counsel, accused the city of “interfering with, restraining and coercing the union when it attempted to intimidate the union; making false and derogatory statements about the union leadership, baselessly accused the union leaders of racism, and refusing to bargain with the union regarding the effects of the EMS training courses on the members’ terms and conditions of employment.”

The city discontinued the EMS training courses.

After two investigations by the city’s law department, Brown decided Dec. 9, 2024, to “not take disciplinary action against Finley regarding this matter.”

The Sept. 6, 2024, meeting was to discuss EMS classes for firefighters, which escalated into an argument.

Using statements by Racco and Thomas, Fekete wrote Finley called the two “punk ass white boys,” and little white (expletive),” adding the chief sought to physically intimidate them.

In Finley’s statement to Deputy Law Director Lou D’Apolito, who conducted the initial investigation that concluded Oct. 4, 2024, the chief admitted to loudly telling them, “I am so tired of you white boys constantly coming after me for no reason, and it just never stops.” When Thomas said he wasn’t racist, Finley said he responded “in a loud voice, ‘You know who always says that: a racist.”

Law Director Lori Shells Simmons told the union leaders on Oct. 16, 2024, she was going to conduct her own investigation into the Finley incident.

Her three-page report, finished Dec. 4, 2024, and released to the media five days later, recommended Finley not be disciplined and he “deserves some grace” because “until this moment, the disrespectful incidents the chief has experienced OVER THE YEARS have not been addressed.” The report listed only one incident from a few years prior. Brown agreed not to discipline Finley.

The union on Dec. 23, 2024, submitted a request for reconsideration with no response from city officials.

On Sept. 25, Racco and Thomas filed a defamation lawsuit in Mahoning County Common Pleas Court against Brown for remarks he made to The Vindicator characterizing them as being racist before Shells Simmons conducted the second investigation.

The lawsuit contends Brown “falsely portrayed plaintiffs as the aggressors in their interactions with Chief Finley, based on Chief Finley’s race, falsely suggesting that Chief Finley was the victim.”

It also states Racco and Thomas were “compelled to step down from their union leadership positions,” and had “difficulties at work” and “difficulties and hostility personally in the community.”