Fire chief’s demotion justified, report says
By Kevin Kelley
Westlake
Published May 14, 2008

Former Fire Chief Richard Pietrick’s 30-day suspension and demotion to the rank of firefighter was justified, according to the trial hearing officer who heard his appeal on behalf of the city’s civil service commission.

Pietrick had been suspended and demoted by Mayor Dennis Clough in November after outside legal counsel determined that the fire chief asked city employees to make mechanical repairs on city time to vehicles owned by Pietrick or members of his family.

Attorney David M. Pincus, a labor arbitrator hired by the commission to hear Pietrick’s appeal, ruled that the city had just cause to suspend and demote Pietrick.

“The actions engaged in by Chief Pietrick were egregious, substantive and reflect certain leadership failures,” Pincus wrote in his 14-page report.

The report said Pietrick violated state laws defining neglect of duty and failure of good behavior as well as related Westlake rules.

At a meeting Thursday, the three-person commission voted unanimously to adopt the recommendation of Pincus, who was not present at the meeting.

Pietrick said the punishment did not match the allegations.

“Any errors in judgment that I’ve had, this punishment that’s been levied against me and my family is excessive,” Pietrick told the commission.

During a discussion of civil service policies later in the meeting, Pietrick said he intends to take legal action against the city.

When asked by West Life if he will take the matter to court, Pietrick responded, “Absolutely.”

According to Pincus’ report, Pietrick had the fire department mechanic, Todd Spriesterbach, perform repairs on his vehicles for five or six years. Around the same time, the report said, Pietrick began appointing department mechanics on an annual basis; the appointments had previously been permanent appointments. This made the department mechanics feel coerced into working on Pietrick’s vehicles, the report concluded.

Pincus found that the work done on Pietrick’s vehicles constituted major repair work. The report also stated that while Pietrick paid for parts ordered by the mechanics, he obtained substantial discounts because city vendors supplied the parts.

Pincus indicated he had little doubt of Pietrick’s guilt.

“He freely admitted during the course of the investigation that he had fire department mechanics perform repairs on his personal vehicles over the course of several years,” the report stated.

In May 2007, Spriesterbach informed Pietrick that he no longer wished to work on Pietrick’s personal vehicles. Pietrick became highly agitated, Spriesterbach testified. Pietrick then said that union firefighters could not do any mechanical work on private vehicles or even wash cars on department property, the report said.

According to Pincus’ report, Pietrick’s argument was that the disciplinary action was due to an ongoing struggle with Clough. The mayor had asked Pietrick to resign following an audit of the fire department by McGrath Consulting Group that was critical of Pietrick’s leadership, the former fire chief noted.

The repairs were done as favors and never coerced, Pietrick argued. The practice in question had been condoned for some time without any complaint or disciplinary action, according to Pietrick’s argument.

A call to Pietricks’ attorney, Joseph Diemert, was not returned by press time. However, in November, Diemert told West Life that the charges against Pietrick were flimsy. Firefighters have often helped each other in matters such as car repair during down time at the fire station, he said. Diemert also had complaints on how the city was handling his client’s appeal process.

The civil service commission delayed any action on selecting a new fire chief due to a lack of consensus on whether the process should be open to candidates from outside the department.

Mayor Dennis Clough and commission Chairman Mark Getsay said they believed the process should be open to outside candidates based on the McGrath audit’s conclusion that an outsider could best correct problems within the department.

However, members Steve Presley and Maria Gregg asked for more time to think about the decision. In December, the commission amended the civil service rules making the selection process for fire and police chiefs closed to outside candidates unless certain criteria were met. One circumstance by which the process could be open to external candidates is if the mayor petitions the civil service commission, and the commission agrees, that opening the application process would be in the public interest.

Clough and commission members left open the possibility of further consultations with McGrath Consulting Group on whether the selection process should be open to external candidates.

Acting Chief Ron Janicek told the commission that the department has improved significantly since the initial critical McGrath audit was released in December 2005, indicating that an internal candidate could successfully lead the department.

In an interview with West Life, Clough agreed that morale in the department had improved and credited Janicek with doing “a heck of a job” as acting chief. While he said there was reason to be optimistic that an internal candidate could successfully lead the department, the mayor still believes external candidates should take the exam for fire chief.

Pietrick, who joined the Westlake Fire Department in 1980 and became chief in 1994, reported for duty as a firefighter Jan. 14, according to Janicek.

Given the unusual circumstances of the former chief’s demotion, that arrangement has been working out fine, Janicek said.

“The former chief, Richard Pietrick, and the guys on the department are all acting as professionals and working together,” Janicek told West Life.

Janicek told commission members that 10 current Westlake firefighters are eligible to apply for the chief’s job. He believes four will apply, the acting chief said.

Janicek told West Life that he intends to apply for the chief’s position.

Previous West Life articles:

• Fire department audit cites ‘dysfunctions’ (Jan. 4, 2006)
• Fire chief to appeal suspension, demotion (Nov. 7, 2007)
• Pietrick wants to return to work (Nov. 21, 2007)