Judge won’t dismiss misconduct case

A Lake County Common Pleas judge has ruled that a firefighter’s case against Concord Township trustees can go forward.

After Douglas Bode was accused of misconduct while at the scene of a March 14 blaze that destroyed the Willoughby-Eastlake Board of Education building, he was removed from his position as a part-time Concord fire lieutenant and reduced in rank to a part-time firefighter/paramedic. His pay was reduced and he was also suspended for six months. Bode is appealing his suspension and demotion. Concord Township trustees sought an order dismissing the appeal. Trustees contended

Judge Vincent A. Culotta did not have jurisdiction to hear the appeal because it wasn’t filed in a timely manner.

Ohio Revised Code mandates that such appeals must be filed within 30 days of the relevant administrative decision. Bode’s suspension was approved at the trustee’s regular April 5 meeting, and Bode failed to file his notice of appeal until May 8, trustees argued. In addition, case law has held that Bode’s appeal was due no later than April 15 — 10 days after the issuance of the suspension and rank reduction, township attorneys said.

However, Bode maintained that the 10-day appeal process did not apply because the board failed to hold a hearing allowing him to defend himself.

Bode also argued that because the board’s actions were not memorialized in the meeting minutes and adopted by the board until April 19, his May 8 appeal was filed on time.

Bode also claimed the trustees’ decision must be voided because the board violated Ohio Sunshine Law by not stating a specific reason why they were going into executive session on March 27.

In his recent judgment entry, Culotta said he found no evidence that trustees talked about Bode’s suspension at a March 27 special meeting to discuss personnel.

“(Bode) filed his notice of appeal on May 8, 2017, the same day that his suspension was orally adopted by the Concord Township Board of Trustees,” Culotta stated. “The court finds that (Bode’s) appeal was filed in a timely manner under the circumstances because there is no evidence of a written final order ... of an administrative agency triggering the ten day time limit... Rather, there is a letter

Ohio Revised Code mandates that such appeals must be filed within 30 days of the relevant administrative decision.

from the fire chief informing (Bode) of his suspension and the board’s subsequent oral affirmation of the decision.

“... In this case, the court is unaware of any formal investigation or hearing to support the oral adoption of a suspension and reduction in rank.”

Trustees have asked the judge to reconsider his decision not to dismiss the firefighter’s appeal.

Trustee attorney Michael C. Lucas argued that Culotta’s decision was based on “misplaced reliance upon factual inaccuracies of the record” and “erroneous conclusions of law.”

According to Lucas, there was discussion to discipline Bode at the April 5 meeting. Those meeting minutes were formally adopted on April 19 and not on May 8, he added.

Concord Fire Chief Matthew Sabo detailed several reasons for the disciplinary action in a March 27 letter to Sabo, but said the most egregious offenses occurred while fighting the fire at the 102-year-old Board of Education structure.

Sabo said Bode failed to arrive ready to perform duties such as fire attack, had to be ordered by another officer to button his coat and misled a division supervisor to believe he was at the scene operating as a Kirtland fire captain rather than a Concord lieutenant.

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