TERRE HAUTE — Former Fire Chief Jay Utz said he was surprised by the Terre Haute Board of Public Works vote on Monday to rescind some Fire Department promotions the same board approved several months ago.
The Works Board members voted last year, during Utz’s tenure, to approve 10 promotions to “battalion chief,” including Utz. But on Monday, and under a new mayoral administration that includes several different department leaders such as fire chief, the board voted to rescind those promotions.
Utz was surprised “because they were fine with it when we did it,” he said.
“We researched it. Everything look good,” he said, “and then it seems as if, once people changed offices, then the stance took a whole new turn.”
Utz and one other firefighter were affected in pay grade when they were returned to their previous positions, said current Chief Jeff Fisher.
At issue is whether or not promotions to battalion chief are permanent, or merely appointments.
Works Board president Bill Lower said Wednesday that the board voted to rescind the promotions based on advice from City Attorney Chou-il Lee, who took office under Mayor Duke Bennett.
Lower said that last year, he recalls that the board was informed that the promotions, unlike most Fire Department promotions, were outside the realm of the Fire Department Merit Commission, and if they were not addressed by the commission, the authority rested with the Works Board.
He also said at that time there was no objection to the promotions by then-City Attorney Kendall Boyd.
Boyd was unavailable to comment, according to a receptionist at his current employer, the Vigo County prosecutor’s office.
Works Board members, all of whom were at the Monday meeting, are the same from last year, Lower said.
Utz, however, said in a written statement issued this week that a previous court ruling found state law considered the rank of battalion chief as a permanent rank/pay grade. The case that was the example was a previous lawsuit that found the city liable after demoting four firefighters.
The situation was determined “when they got their judgment, because we had to pay them back pay and like triple damages,” Utz said this week, “so they got a heck of a lot of money out of the deal.”
Lee said that he is aware of the court case, but does not think it applies.
“In this situation, it’s not that we are demoting anybody,” he said of the Works Board action. “We are rescinding a promotion that should never have happened.”
Brad Doan, president of the International Association of Fire Fighters Local 758, which represents the Terre Haute Fire Department members, agrees that the promotions “should’ve went though the merit system, and they” didn’t.
Utz, in the written statement, said that the merit rules “specifically exclude the Merit Commission from the promotion/demotion of battalion chief,” and that Indiana law states that the ordinance establishing the merit system “must list any exclusions and/or exceptions.”
He also says that city ordinance lists the fire chief as responsible for selection of the battalion chiefs.
A city law referencing that the fire chief selects battalion chiefs also lists battalion chief as one of several “temporary” ranks and titles of executive assistants the chief can appoint, according to a copy of the municipal code available through the city’s Web site.
Chief Fisher said that battalion chiefs are appointed.
In the wages article of the contract between the City of Terre Haute and IAFF Local 758, breakdowns are listed according to firefighters with ranks of private who served less than one year, private who served more than one year, lieutenant, EMT and captain. Battalion chief is not listed.
Merit Commission president Rod Bosley said that battalion chiefs were included in the merit rules based on information in the city ordinance. He also said that the merit board has two main questions: whether the Works Board had authority to appoint battalion chiefs since a merit system is in place, and the validity of city ordinance in comparison with state law.
Utz also said that last fall, he had approached the City Council to change the city law, but an ordinance to change things was tabled.
City Councilman Rich Dunkin, D-1st, said that he is chairman of a committee to review the situation and introduce a proposal that would modify the city law so that the Fire Department Merit Commission handles battalion chiefs.
He said that Indiana law states that, for a fire department the size of Terre Haute, the only positions that are to be appointed are the fire chief, considered to be “five-bugle” or rank, and “four-bugle,” or the rank below the chief.
Battalion chiefs are considered to be three-bugle, or a rank that should be outside of the jurisdiction of the chief, Dunkin said.
Merit Commission president Bosley said that, after the Works Board initially approved the appointments, the commission met in executive session to discuss the situation with an attorney. He said that no action has since been taken.
Bosley also said that the commission also will discuss the Works Board action to rescind those appointments.
Austin Arceo can be reached at (812) 231-4214 or austin.arceo@tribstar.com.
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