Youngstown mayor backs fire chief, won't issue discipline over fight with union
Youngstown fire chief Barry Finley won't face any discipline over allegations of racially-charged language during an argument with union representatives.
In a statement issued Monday to coincide with the release of the law department's report detailing an investigation into the matter, Mayor Tito Brown said:
"In response to the summary of findings from the city’s law department, I will not take disciplinary action against Chief Finley regarding this matter.
Following a career of over 30 years putting his life on the line for our community and country, Chief Finley was chosen to lead the Youngstown Fire Department because of the shared vision to bring innovative thinking to modernize the department and efficiently deliver the public safety needs of our community.
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.
To that end, my administration is committed to working with the brave men and women of YFD to create a best-in-class department that is reflective of the true needs of our city. A modernized, efficient department that is united in the cause of putting the safety of Youngstown residents first is a vision I share with Chief Finley. I look forward to him continuing to work towards that vision. "
The investigation originated after a meeting on September 6 that included Finley, along with union representatives Jordan Thomas and Jon Racco, along with assistant law director Joe Fritz.
That meeting was supposed to be for a discussion over EMS training, but ended early after becoming heated, including an exchange in which Finley was accused of invoking race.
The report from the law department details discussions with Finley and the union members who were present at the meeting, beginning on October 16 with Racco and Thomas.
Racco and Thomas both told law director Lori Shells Simmons they did not see any way to move forward without Finley being removed as chief, saying he's got a "bad temper and always screamed at them for one reason or another."
In that interview, both Racco and Thomas said they agreed with the chief on the need for EMS service and were only trying to explain the union's involvement in setting anything up due to the necessary changes in things like scheduling .
At that meeting, Racco and Thomas said they could provide a list of others within the department who would support their claims against Finley.
However, when Simmons interviewed other ranking officers under condition of anonymity, Simmons writes that every one of them believed Finley should remain as chief and put at least some of the blame on Racco and Thomas for the negative relationship between the chief and union, saying they "know how to push his buttons."
The report says about half of those interviewed felt Finley should receive some type of discipline, but all felt he is doing an overall "good job."
Some recommended additional management training for Finley to improve communications and hiring an assistant chief to allow Finley to delegate more tasks.
Following those interviews, Simmons conducted a ride-along on November 15 with battalion chief Tim Frease where they went to several stations and spoke to department personnel, who echoed the ranking officers' feelings that they are largely happy with Finley as chief. During these discussions, previous incidents from when Finley first became chief were brought up, particularly shirts, hats and mugs around the department that said "FBF," an apparent profane reference to Finley.
They called those incidents "disrespectful" and said they were removed as soon as they came to the attention of battalion chief Charlie Smith.
In a follow-up interview, Smith also expressed support for Finley and also said an assistant chief would be helpful.
In another section of Simmons' report, she notes that several members of the community have approached her during the course of the investigation, also expressing their support for Finley, with some saying they believed race to be a motivating factor in the union's distrust of him.
Finally, Simmons met with Finley directly on more than one occasion. Her report states that Finley said regretted losing his temper during the September meeting with Racco and Thomas, but that he feels he has been consistently disrespected for years, also mentioning the "FBF" paraphernalia, which he also believes to be racially-motivated.
Finley told Simmons he'd be willing to undergo professional development and also said he needs an assistant to effectively do his job.
In her summary, Simmons wrote that she does not believe there should be any discipline against Finley.
"He deserves grace because until this moment, the disrespectful incidents the chief has experienced OVER THE YEARS (Simmons' emphasis) have not been addressed. Additionally, besides the two union representatives, no one else was requesting the chief be removed," Simmons wrote.
Simmons concludes her report with a recommendation that Finley and all ranking officers undergo professional training and the entire department undergo sensitivity training.
In response to the findings of the investigation Racco said, "The details and statements listed in the City's investigation into Chief Finley are false. This conclusion is disappointing, but one we expected from this INTERNAL process." Racco continues, "the facts are that Finley has a documented pattern of violent, abusive, racist behavior that has continued across his entire employment history and 3 different Union administrations since he's been Chief. Our ongoing EXTERNAL litigation will prove it. The City is negligently violating its own policies by keeping him in place and failing to provide a safe, discrimination free workplace for our members," he said.
A city spokesperson responded to Racco's statement saying, "The fact that union leadership feels an investigation comprised of interviews of their own members is false is another example of redirecting the real issue at the risk of the public safety of the residents of Youngstown – a continued resistance by union leadership to move this department forward to efficiently meet the true safety needs of the city."
Finley's past issues with anger prior to being named chief resulted in his being placed on "last chance" agreement with the city, meaning that any additional infractions could result in his termination.
Tensions with the union have long dogged Finley's tenure as chief, primarily over allegations from the union that rolling station closures due to lack of manpower put the safety of Youngstown residents in danger. Finley has long maintained he has no choice, citing repeated call-offs by members of the department making it impossible to staff all of the city's stations at all times.