Trustees want appeal tossed

Concord Twp. officials want judge to dismiss firefighter’s appeal

A firefighter’s appeal of his demotion and suspension over alleged misconduct should be dismissed because it was filed too late, according to Concord Township trustees.

Concord Township resident Douglas Bode was suspended April 5 for six months and demoted from a part-time lieutenant to a part-time firefighter/paramedic over his conduct at the scene of a March 14 blaze that destroyed the WilloughbyEastlake Board of Education building.

Bode appealed the decision May 8 in Lake County Common Pleas Court, claiming he was not given a chance to respond to Concord Township Fire Chief Matthew Sabo’s accusations.

Now, Township Law Director Michael C. Lucas is arguing Bode was legally required to file his appeal within 10 days of the final order — no later than April 15.

“Consequently, the Lake County Court of Common Pleas is without jurisdiction to hear the appeal because it was not timely filed in accordance with (Ohio Revised Code),” Lucas stated in his motion.

Bode’s attorney, David Comstock Jr. is claiming trustees improperly decided that Bode should be suspended and receive a reduction in rank.

Bode is asking Judge Vincent A. Culotta to reinstate his lieutenant position and award him back pay and attorney fees.

Sabo outlined several reasons for the disciplinary action in a letter to Bode dated March 27.

“You failed to arrive ready to perform duties such as fire attack and had to be ordered by another officer to button your coat,” Sabo stated in the letter. “You misled a division supervisor to believe that you were there operating as a captain for Kirtland fire when in fact you were serving the role of a lieutenant for Concord Fire Department. This unnecessarily

created considerable confusion as to who was in fact in charge of the Concord crew, which in this case was Lieutenant (Mike) Fearing.

“You failed to communicate with your senior officer, Lt. Fearing, of your location and job assignment. You deliberately failed to maintain crew integrity when directed by your senior officer. There is the impression created … that you unilaterally performed freelancing operations inside of the building with no accountability.”

Sabo also claimed Bode failed to respond to a request for assistance on April 8, 2016.

Then two months later, Bode was “less than cooperative in clearing up a matter of a questionable drug screen from a routine physical,” the letter stated.