Hearing examiner’s recommendation leads to unanimous vote
By Heather Ruenz
Editor
The Village of Palmyra Police and Fire Commission has fired Palmyra Fire Chief James (Marshall) Lewis after considering testimony from a November hearing on administrative charges against Lewis.
The commission, according to Village Attorney Stan Riffle, voted unanimously Dec. 16 to adopt the findings, conclusions and determination of hearing examiner, Attorney John Fuchs, and ordered the termination of Lewis as fire chief.
Attempts to reach Lewis for comment prior to publication were unsuccessful.
According to Palmyra Village Clerk Laurie Mueller, Lewis filed an appeal and a Jefferson County Circuit Court judge will now review the case. The judge could uphold or overturn the commission’s ruling.
Fuchs, who oversaw the administrative hearing that spanned three days in November, recommended to the commission Lewis, “be found to have violated the inherent rules applicable to his role as chief.
“This is not a bad relationship which can be cured. Chief Lewis has failed to follow directives, has engaged in a conflict of interest, has violated an order to remove himself from the investigation, and has been untruthful – if not to the extent I find, still to an extent that the good of the service requires termination,” Fuchs wrote.
The administrative charges Lewis faced included: providing false or misleading information including a situation where Lewis’ girlfriend – who was an EMT at the time – submitted a credit reimbursement for a course she did not attend; initiating a fundraising raffle without an appropriate license; failing to effectively communicate with his superior(s) despite being directed to do so; providing inaccurate and misleading information to the Village Board regarding to 2014 state audit; and claims of being untruthful in several instances listed in the village’s Statement of Charges against Lewis.
Some of the most compelling testimony during the hearing surfaced when Lewis accused Tony Cardenas, the current deputy fire chief who had referred to Lewis as his “brother” of lying under oath.
Cardenas, who made it clear he did not want to testify against Lewis at the hearing, eventually – and under questioning from the village’s labor attorney, James Macy, admitted he and Lewis had talked while Lewis was on administrative leave and under an order to not have contact with department members.
Fuchs, in his findings, revealed he didn’t buy Lewis’ claim that Cardenas was lying, and referred to the significance of truthfulness stating, “lying, contacting witnesses, and holding back on information are all terminable offenses.
“If Cardenas is lying, Cardenas should quit the department and pick up a career in Hollywood. He would be an award-winning actor. As the Hearing Examiner, I had the advantage of viewing this testimony… He was contacted and that contact has been the subject of untruthfulness,” Fuchs wrote.
Though Lewis had recorded the conversation with Cardenas – and a 23-page transcript was presented as evidence during the hearing, Fuchs said he did not consider the recording in his decision because it was, “unilateral, nondisclosed, and not consented to.
“From a foundational standpoint, there is no opportunity to judge the accuracy, the completeness, the context, or whether there are any alterations,” Fuchs wrote.
As to the allegations regarding Lewis’ girlfriend and the submission of a reimbursement request, Fuchs said while there is no evidence Lewis initially conspired with his girlfriend to fraudulently take money from the village – and it’s understandable why Lewis failed to report the situation to Public Safety Director James Small – he found Lewis had engaged in a conflict of interest.
“He did not remove himself from the situation. And even if he really did simply sit in the lobby when taking his girlfriend to see her attorney, he did not bring the full circumstances which were occurring to the attention of Director Small,” Fuchs wrote.
While Fuchs determined Lewis’ handling of the situation reflected a conflict of interest, he concluded the charge would not warrant termination, as it “reflects more as poor judgment as to a woman that he openly testified he loves.”
Regarding the raffle for an ATV, Fuchs determined Lewis demonstrated no initial wrongful intent.
“It appears everyone thought the raffle initially was a good idea. But there was no license. There were defects in the tickets, the pictures, and the conduct of the raffle. These defects came to light and were provided to Lewis,” Fuchs wrote.
In Fuchs’ conclusion about the raffle, he determined there was insubordination in “correcting what initially was a well-intentioned effort” and not a likely cause for termination.
However, Fuchs added, referring to testimony by Cardenas that he had tried to tell Lewis the raffle tickets did not meet the requirements, Fuchs wrote, “I recommend you find guilt as to untruthfulness on this matter. Cardenas is the more credible witness as to telling Lewis of the defects. Untruthfulness is ground for termination.”
Regarding the claim Lewis was not accurate in sharing the 2014 State Audit report with the Village Board, Fuchs found the board was misled.
“Whether this was untruthfulness in the sense of a lie, or whether you view the incomplete representation as a level of insubordination, he did not provide the Board a full picture,” Fuchs wrote.
Lewis had also been charged with improperly handling a fire, more specifically that he responded by himself in a fire truck and did not wear the proper safety equipment. Fuchs said he could not recommend a guilty finding with respect to this issue.
“He was the Chief. He determined how he would respond. He determined what he would wear. That Director Small disagrees as to an appropriate protocol is a disagreement between knowledgeable people absent citation to a specific rule,” Fuchs wrote.
Regarding the claim by the village that Lewis was untruthful during investigative interviews while on administrative leave, Fuchs recommended the commission “find Lewis has lied in terms of these aspects of the charges.
“He contacted village employees, he discussed the investigation, and he looked for support. His testimony that he did not do it directly, or that talk of support and solidarity was not violating the order is not credible. He knew what he was doing,” Fuchs wrote.
Palmyra Police and Fire Commission members are: Glenn Schrank, Bill Holcomb, John Mehring, Andy Sheppard and Becky Lurvey.
In weighing their decision, Fuchs explained in his findings, the commission by state law needed to consider the just cause standards applicable in the charges the village brought against Lewis. Those standards include: whether Lewis could reasonably be expected to have had knowledge of the probable consequences of the alleged conduct; whether the village made a reasonable effort to discover a rule or order was violated and if that effort was fair and objective, and; whether the village applied the rule or order fairly and without discrimination against Lewis.
Fuchs and Riffle were present at the commission’s Dec. 16 meeting when the decision to terminate Lewis was made unanimously.
Lewis remained on the village’s payroll from late May, when he was placed on administrative leave, until he was fired Dec. 16.
On Tuesday, Lewis turned in papers to vie for a village trustee seat in the spring election.
